Md. Code Regs. 27.03.01.04

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.03.01.04 - [Effective 1/20/2025] Categories of Applications to be Submitted to the Executive Director

A. Developments, Subdivisions, and Site Plans Requiring Project Approval.

(1) The local approving authority shall electronically submit to the Executive Director each application for a development, subdivision, and site plan that is located wholly or partially within the Critical Area, except those specified in §A(2) of this regulation.

(2) The following types of developments, subdivisions, and site plans are exempted from §A(1) of this regulation, if the proposed development, subdivision, or site plan does not result in a physical disturbance to the buffer:

(a) The following developments, subdivisions, or site plans that would occur wholly or partially within an intensely developed area:

(i) A single family dwelling unit;

(ii) A structure which is necessary to a single family dwelling unit which may include a pool, garage, porch, shed, or tennis courts;

(iii) Development in which the land disturbance does not exceed 15,000 square feet; and

(iv) Subdivisions resulting in up to ten lots or up to ten dwelling units;

(b) The following developments, subdivisions, or site plans that would occur wholly or partially within a limited development area:

(i) Those listed in §A(2)(a)(i)-(iii) of this regulation; and

(ii) A subdivision resulting in up to three lots that does not affect the local jurisdiction's growth allocation; and

(c) Developments, subdivisions, or site plans occurring wholly or partially within a resource conservation area for which the land disturbance does not exceed 5,000 square feet.

B. Other Applications. The local approving authority shall electronically submit to the Executive Director:

(1) Each initial and subsequent application for a rezoning or a floating zone that would occur wholly or partially within the resource conservation area or would result in a change to the Critical Area land classification;

(2) Each application for a special exception or a conditional use that would allow industrial, commercial, institutional, nonresidential, or multifamily uses to be located wholly or partially within a limited development area or a resource conservation area;

(3) Each application for a variance from the local Critical Area program; and

(4) In accordance with COMAR 27.01.14 and COMAR 27.02.07, each application for a major or minor solar energy generating system that would be located wholly or partially in a limited development area or a resource conservation area.

C. Approvals. The local approving authority shall electronically submit to the Executive Director:

(1) Each final approval of a major solar energy generating system; and

(2) In accordance with COMAR 27.01.04.03 and 27.01.09.01-3, for each category of application under §A(1) of this regulation and for each Critical Area variance application;

(a) Each approved major buffer management plan; and

(b) As applicable, each approved Commission form entitled "Shoreline Stabilization Measure Buffer Management Plan."

Md. Code Regs. 27.03.01.04

Regulation .04 amended effective 40:17 Md. R. 1421, eff.9/2/2013 ; amended effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.