Md. Code Regs. 08.08.05.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.08.05.02 - Buffer Strip Use Permits

A. An adjacent or commercial landowner who desires to use the lake or buffer strip other than as a member of the general public shall obtain a buffer strip use permit. Issuance of a buffer strip use permit entitles:

(1) An adjacent landowner to use the lake and buffer strip as provided in Regulation .03 of this chapter; and

(2) A commercial landowner to use the lake and buffer strip as provided in Regulation .05 of this chapter.

B. Application.

(1) An applicant for a buffer strip use permit shall apply to the lake manager on a form provided by the Department. The applicant shall:

(a) Provide all additional relevant information requested by the lake manager;

(b) Certify to the lake manager that the proposed use of the buffer strip conforms to existing zoning laws.

(2) When more than one person is eligible, as a result of joint ownership or deeded access, to obtain a permit for use of the same portion of the buffer strip, the application shall be made by one eligible person on behalf of a minimum of two-thirds of the eligible persons.

(3) Failure to meet any of the requirements of this section may result in denial of the application.

C. Eligibility.

(1) Except as provided in §C(2) of this regulation, the lake manager shall issue a buffer strip use permit to the following persons:

(a) An adjacent or commercial landowner who owns property for which a valid dock permit was issued or was eligible to be issued, before imposition of the Department's moratorium on August 12, 1983;

(b) A person who obtained a recreational permit from Penelec, holds a valid dock permit from the Department, and has continually maintained a dock in the lake, or shows good cause why these criteria are not met;

(c) A person who owns property with at least 100 feet of land fronting on usable buffer strip or on a public right-of-way adjacent to the buffer strip, if the property was subdivided and recorded among the land records of Garrett County, either by deed or subdivision plan or plat, after imposition of the Department's moratorium on August 12, 1983, provided that the property meets local zoning requirements for the construction of a residential dwelling unit;

(d) A person who owns property with less than 100 feet of land fronting on the buffer strip or on a public right-of-way adjacent to the buffer strip who desires to make only recreational use of the buffer strip and does not desire to install a dock or mooring buoy;

(e) A person who seeks a buffer strip use permit pursuant to a development permit issued by the lake manager;

(f) A person who has deeded access to the lake from a lot that meets local zoning requirements for the construction of a residential dwelling unit; and

(g) A person who owns a parcel of land adjacent to the buffer strip that was conveyed to them by Penelec after January 1, 1994, and which has frontage that was issued or was eligible to be issued a buffer strip use permit before that date.

(2) The lake manager may not issue a buffer strip use permit:

(a) To an applicant who has in the past 5 years had a buffer strip use permit revoked or is currently in violation of these regulations;

(b) If denial is required on the grounds stated in Regulation .01D of this chapter;

(c) For property for which a development permit is required, but has not been obtained;

(d) To an applicant who does not have a minimum of 100 feet of usable buffer strip frontage, unless a permit was issued for the buffer strip before July 10, 1989.

D. Fee. Upon receipt of a buffer strip use 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.

E. Display of Permit Identification Numbers. Upon receipt of a buffer strip use permit, the permittee shall display the permit identification numbers on the permittee's dock, mooring buoy, and other structures so as to be visible from the lake and from land.

Md. Code Regs. 08.08.05.02

Regulation .02C amended effective September 19, 1988 (15:19 Md. R. 2245)