Section 8-1808.5 – Community Pier in Buffer
(a) (1) In this section, “community pier” means a boat docking facility associated with a subdivision or similar residential area, or with condominiums, apartments, or other multiple-family dwelling units. (2) “Community pier” does not include a private pier or a mooring. (b) This section applies notwithstanding: (1) Any other provision of this subtitle; and (2) Any criteria or regulation adopted by […]
Section 8-1816 – Commission to Prepare Report
In consultation with State and local agencies involved in planning, acquiring, and managing open space and recreational lands, the Commission, by January 1, 1987, shall prepare a report to the Governor and the General Assembly recommending State policy and goals for: (1) The provision of public access along the shoreline of the Chesapeake Bay and its […]
Section 8-1808.6 – Credits to Applicants Who Minimize Adverse Impact
(a) (1) This section applies notwithstanding: (i) Any other provisions of this subtitle; (ii) Any criteria or guidelines adopted by the Commission under this subtitle; or (iii) Any provision of a local program or program amendments as approved before October 1, 1995. (2) This section applies to applicants seeking project approval of a new or expanded marina. (b) (1) A local jurisdiction shall […]
Section 8-1817 – Commission Report on Chesapeake Bay Critical Area
(a) By January 1, 1994, the Commission shall adopt criteria that assure the protection of land and water resources in the Critical Area and that shall apply throughout the Critical Area for: (1) Production of oil or natural gas on lands or waters leased by the State; and (2) Exploration or production of oil or natural gas on […]
Section 8-1808.7 – Commercial Timber Harvest
(a) Commercial harvesting of trees by selection, or by the clear-cutting of loblolly pine and tulip poplar, may be allowed to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands, provided that the cutting is conducted in conformity with […]
Section 8-1808.8 – Local Critical Area Protection Program
(a) Except as provided in subsection (b)(2) of this section, each local jurisdiction in the Atlantic Coastal Bays Critical Area shall include in its local critical area protection program provisions requiring proposed development sites in intensely developed areas to provide a forest or developed woodland cover of at least 15% after development or a fee-in-lieu payment […]
Section 8-1808.9 – Provisions Applying a Buffer to Perennial and Intermittent Streams
(a) The provisions of this section apply to a local jurisdiction that is located in the Atlantic Coastal Bays Watershed and not in the Atlantic Coastal Bays Critical Area. (b) On or before July 15, 2002, a local jurisdiction subject to the provisions of this section shall submit to the Commission a written statement of its intent […]
Section 8-1808.10 – Minimum Buffer
(a) This section applies to an application for subdivision or site plan approval within the resource conservation area that: (1) Receives final local approval on or after July 1, 2008, unless an application for subdivision or site plan approval is submitted before July 1, 2008 and legally recorded by July 1, 2010; and (2) Does not involve the […]
Section 8-1808.11 – Erosion Control
(a) Other than in areas designated by the Department of the Environment mapping as appropriate for structural shoreline stabilization measures, improvements to protect a person’s property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except in areas where the person can demonstrate to the satisfaction of […]
Section 8-1809 – Approval and Adoption of Program
(a) (1) Within 45 days after the criteria adopted by the Commission under § 8–1808 of this subtitle become effective, each local jurisdiction shall submit to the Commission a written statement of its intent either: (i) To develop a critical area protection program to control the use and development of that part of the Chesapeake Bay Critical Area […]