Md. Code Regs. 27.01.11.05 - Mapping Methodology for Critical Area Classifications

A. The Department, the Commission, and the local jurisdiction shall:

(1) In accordance with the standards under Regulation .04 of this chapter and in cooperation with the Department of the Environment, review the digitized shoreline and the landward edge of tidal wetlands that are indicated on the working draft map;

(2) Where applicable, use the existing Critical Area classification for an area shown on the working draft map that was previously included within the Critical Area;

(3) In accordance with the standards under §B of this regulation, assign a Critical Area classification to an area that is newly included in the Critical Area on the working draft map; and

(4) Work cooperatively to apply the provisions of this chapter to the working draft map and resolve any conflict that may arise.

B. In order to determine the Critical Area classification for an area newly included in the Critical Area on the working draft map, the Commission and a local jurisdiction shall use the mapping standards in COMAR 27.01.02.03B -.05.

C. Except as required under §D of this regulation, a local jurisdiction shall classify an area newly included in the Critical Area in accordance with at least one of the following factors:

(1) Current land use based on present conditions;

(2) Adjacent land use based on present conditions;

(3) Future land use based on an approved, platted subdivision even if the lots newly included in the Critical Area are nonconforming under local Critical Area requirements in effect at the time of delivery of the summary draft map to the local jurisdiction; or

(4) Proposed land use based on future conditions if the local jurisdiction:

(a) Accepted for processing an application for a subdivision, final site plan, or other final approval at least 90 days before the date of delivery of the summary draft map to the local jurisdiction; and

(b) Issues a written final approval for the application within 2 years of the date of delivery of the summary draft map to the local jurisdiction.

D. A local jurisdiction shall classify a dredged material containment facility as a resource conservation area if the facility is:

(1) Surrounded by open water; and

(2) A State-sponsored island restoration project with conservation and habitat protection as essential elements of its operation.

E. A local jurisdiction may not use a dredged material containment facility that meets the requirements of §D of this regulation to generate growth allocation.

F. At the time of a development application, a local jurisdiction shall classify an unclassified wetland as a resource conservation area if it is determined to be an upland area or a private wetland.

G. A local jurisdiction shall provide to the Commission a list of all parcels and lots that meet the requirements under §C(3) and (4) of this regulation, including the tax map and parcel number of each lot and parcel, as documentation that growth allocation will not be necessary.

H. As part of the mapping process, a local jurisdiction shall provide to the Commission documentation for those instances where the Critical Area boundary was moved and the resulting Critical Area classification is different from the adjacent Critical Area classification.

I. A local jurisdiction may propose alternative criteria for development to address an instance in which an area newly included in the Critical Area, as a result of changes in the Critical Area boundary during a map update, would be rendered nonconforming or unbuildable without a variance.

J. Federal lands not given a Critical Area classification are managed in accordance with the Coastal Zone Management Act, 16 U.S.C. §§ 1451- 1464.

Notes

Md. Code Regs. 27.01.11.05

Regulations .05 under Chapter, Directives for Updating Critical Area Maps adopted effective July 9, 2012 (39:13 Md. R. 786)