Md. Code Regs. 08.08.05.05 - Special Permits
A. Application.
(1) The following persons shall be required to
obtain a special permit:
(a) A buffer strip use
permittee who desires to use, alter, modify, or improve the lake or buffer strip
other than as authorized under a buffer strip use permit;
(b) A commercial landowner who desires to install
more than one dock with three slip spaces or moorings, or who wishes to use a boat
launch ramp for commercial purposes.
(2) A person who wishes to obtain a special permit
shall apply to the lake manager on a form provided by the Department. When the
special permit is requested:
(a) By a commercial
landowner for the installation of more than one dock with three slip spaces, the
applicant shall include a detailed plan for the proposed use of the buffer strip and
the lake, including the proposed placement of docks, number of slips, and types of
uses proposed;
(b) For alterations,
modifications, or other uses of the buffer strip, the applicant shall include a
detailed plan which describes materials to be used, construction methods, proposed
timetables, location of modifications, and other relevant information.
(3) The lake manager may request
additional relevant information from the applicant. Failure to submit requested
information shall result in denial of the application.
(4) After assessing the possible damage to the
buffer strip and lake, or both, the lake manager may require the applicant to submit
a bond in a reasonable amount to cover the possible damage to the lake or the buffer
strip. If a bond is required, the lake manager shall state in writing to the
applicant the amount of the bond and the reasons why a bond is required. Failure to
submit the required bond shall result in denial of the application.
B. Issuance.
(1) When the applicant requests a special permit
for installation of permanent structures, excavation or filling of the buffer strip
or lake bottom, or removal of vegetation, other than maintenance authorized under
Regulation .03A(3) of this chapter, the lake manager may issue the permit in
accordance with this regulation, as follows:
(a)
In reviewing an application for a special permit, the lake manager shall consider
the criteria set out in Regulation .01C of this chapter.
(b) A special permit issued by the lake manager
shall specify the use, modification, construction, alteration, or activity
permitted. A permittee who exceeds the authority granted in a special permit shall
be liable for damage resulting from the unauthorized action.
(2) When the applicant requests the placement of a
dock for a commercial landowner to accommodate greater than three slips or moorings,
or the use of a boat launch ramp for commercial purposes, the lake manager may grant
or deny the application as follows:
(a) If the
lake manager determines that the plan for use of the lake and buffer strip is not
consistent with these regulations, the application shall be denied.
(b) The lake manager may approve or disapprove the
proposed location, type, and position of dock facilities and mooring areas, or
otherwise condition the special permit as necessary considering the criteria set out
in Regulation .01D.
(c) If the use of
the boat slips or moorings includes the overnight storage of boats, not including
rental boats, boats used by marina employees, or boats stored for service, or
includes the leasing of boat slips to the public, the lake manager may approve not
more than one slip space or mooring buoy for each 50 feet of usable buffer strip
frontage to which the applicant has title, unless a permit had been issued before
May 5, 1986 and the commercial use has not significantly changed. The following
apply:
(i) If a property validated for commercial
use significantly changes to a use other than that described in the permit and
validation, then the lake manager shall restrict the number of slips or mooring
buoys to one for each 50 feet of usable buffer strip.
(ii) The lake manager may assign to other
commercial permittees slips in excess of the 50-foot limitation which have been
eliminated from a special permittee's use permit due to a significant change in the
nature of the permittee's operation.
(d) The lake manager may approve less than one
slip space or mooring buoy for each 50 feet of frontage as described in
§B(2)(c) of this regulation, if the lake manager determines that this action is
necessary under the criteria set out in Regulation .01D of this chapter.
(e) If the use of docks or mooring buoys does not
include the overnight storage of boats at docking or mooring facilities, or involve
ramping or dry storage to accomplish overnight storage of boats, the lake manager
may approve more than one slip space or mooring buoy for each 50 feet of frontage,
providing the approved level of use is consistent with the criteria set out in
Regulation .01D of this chapter.
(f)
Except for boats owned by a buffer strip use permit holder stored on ramps, when the
special permit approves the use of a boat launch ramp, the lake manager shall
specifically designate the number and types of launchings which are to be permitted.
The lake manager may alter the permitted number of launchings at any time to protect
public safety or welfare or to carry out the policies set forth in COMAR
08.08.01.01 a. The commercial permittee
shall limit the number of daily launchings to that stated in the permit.
(3) A special permit holder who
violates the terms of the permit or these regulations is liable for all damages to
the buffer strip or lake resulting from the violation. Upon violation of the terms
of the permit or regulations by a special permit holder, the lake manager may:
(a) Revoke the bond, if any;
(b) Recover from the special permit holder any
additional damages not covered by the bond.
(4) The forfeiture of the bond and any damages due
are in addition to any other penalties provided in these regulations.
C. Fee. Upon receipt of a special
permit, the permittee shall forward to the lake manager the fee specified in the
permit. The permit shall be valid only after the lake manager receives the permit
fee. This fee is in addition to any fee assessed for a buffer strip use
permit.
Notes
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