Md. Code Regs. 27.03.01.04

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

Section 27.03.01.04 - Categories of Applications of Which the Commission Wishes to Receive Notification

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

(1) The local approving authority shall send copies of applications for all developments, subdivisions, and site plans 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 the IDAs:

(i) A single family dwelling unit;

(ii) A structure which is necessary to a single family dwelling unit which may include, but is not limited to, a pool, garage, porch, shed, or tennis courts;

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

(iv) Subdivisions resulting in 10 lots or less, or 10 dwelling units or less;

(b) The following developments, subdivisions, or site plans that would occur wholly or partially within LDAs:

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

(ii) A subdivision resulting in three lots or less which does not affect the local jurisdiction's growth allocation;

(c) Developments, Subdivisions, or site plans occurring wholly or partially within RCAs for which the land disturbance does not exceed 5,000 square feet.

B. Rezoning, Including Floating Zones. The local approving authority shall submit a copy of all initial and subsequent applications for rezoning and floating zones that would occur wholly or partially within the critical area.

C. Special Exceptions, Conditional Uses, or Zoning Variances. The local approving authority shall submit a copy of all applications for special exceptions or conditional uses which allow industrial, commercial, institutional, nonresidential, or multifamily uses that would occur wholly or partially within an LDA or an RCA.

D. Variances. The local approving Authority shall submit a copy of all applications for variances from the local critical area program.

E. Buffer Management Plans. The local approving Authority shall submit a copy of the proposed major buffer management plan and the approved major buffer management plan for those categories of applications in §A(1) of this regulation and for critical area variances.

F. Shore Erosion Control Plans. The local approving Authority shall submit a copy of the approved buffer management plan in accordance with COMAR 26.24.04.01-3A(4) and COMAR 27.01.09.01-3B.

G. Major and Minor Solar Energy Generating Systems. The local approving authority shall submit a copy of any application for a major or a minor solar energy generating system that would occur wholly or partially in a limited development area and resource conservation area in accordance with COMAR 27.01.14 and COMAR 27.02.07, and a copy of the final approved application for a major solar energy generating system.

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