(a) The Commission has all powers necessary for carrying out the purposes of this subtitle, including the following: (1) In accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article, to adopt and amend regulations as authorized under this subtitle for the administration and enforcement of the State and local programs; (2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and (3) To contract for consultant or other services. (b) Regulations adopted or amended under subsection (a)(1) of this section shall: (1) Establish comprehensive standards and procedures for: (i) Buffer establishment, maintenance, measurement, mitigation, and enforcement; (ii) Modified buffer areas; (iii) Impacts of shoreline stabilization activities on the buffer; (iv) Community piers; (v) Commercial marinas; (vi) Water dependent facilities; (vii) Public water access; (viii) The protection and conservation of the buffer as a State water quality and habitat resource essential to the restoration of the Chesapeake and Atlantic Coastal Bays; (ix) Mapping the critical area, with respect to revision of the 1,000-foot boundary and voluntary additions of property to the critical area; (x) Development in the critical area, with respect to: 1. Clearing, grading, and construction activity; 2. Clustering to promote conservation of natural site features; 3. The transfer of development rights; 4. Flexibility for redevelopment; 5. Stormwater management; 6. Application of the 10% pollutant reduction rule; 7. Forest and developed woodlands protections; 8. Clearing of natural vegetation; 9. Lot coverage standards; 10. Commission review of local provisions for lot consolidation; and 11. The exclusion of State tidal wetlands from calculations of density, forest and developed woodlands protections, limitations on clearing natural vegetation, and lot coverage standards; (xi) Consistent enforcement of State and local critical area law, with respect to the establishment of minimum penalties and mitigation requirements; (xii) Growth allocation applications, with respect to: 1. The deduction of growth allocation acreage; 2. Commission review and determinations; 3. Accommodation of variations among local jurisdictions concerning land uses in the resource conservation area that do not require growth allocation; 4. The location of septic systems; 5. Golf courses; and 6. The Commission's evaluation of a local jurisdiction's use of cluster development under § 8-1808.1 of this subtitle; (xiii) In consultation with appropriate State and federal agencies, the conservation and protection of: 1. Habitat protection areas; 2. Threatened and endangered species; 3. Species in need of conservation; 4. Forest interior dwelling birds; 5. Anadromous fish propagation waters; and 6. Plant and wildlife habitat; (xiv) Directives for local program development and implementation, with respect to: 1. Notification of project applications; 2. The 6-year comprehensive review of a local critical area program; 3. For a State or local government development activity: A. Public notice, including notice to be published in a newspaper of general circulation in the area where the proposed development activity would occur; and B. An opportunity for public comment in the local jurisdiction in which the proposed development activity would be located; 4. Reporting requirements, including accounting of fee in lieu funds; 5. The submission and processing of a proposed program amendment or refinement; and 6. Provisions applicable to areas requested for exclusion from the critical area; (xv) In consultation with the Department of the Environment, surface mining in the critical area; (xvi) The application for and processing of a variance, with respect to: 1. Amending a variance application; 2. Advance notice to the Commission; 3. The contents of a complete variance application; 4. Ensuring that Commission recommendations are made part of the variance record; 5. The use of variance standards; and 6. Notice of a variance decision; (xvii) Assessing and adapting the critical area for climate resiliency; (xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature-based features; and (xix) Environmental justice and equity initiatives that: 1. Address disparate impacts of development; and 2. Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and (2) Provide flexibility wherever possible in order to accommodate variations among local programs. §8-1807. IN EFFECT (a) The initial planning area for determination of the Chesapeake Bay Critical Area consists of: (1) All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article; and (2) All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article. (b) The initial planning area for determination of the Atlantic Coastal Bays Critical Area consists of: (1) All waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article; and (2) All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article. (c) (1) (i) In determining the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area within its boundaries, a local jurisdiction may exclude those portions of the planning area designated in subsection (a) or (b) of this section which the local jurisdiction finds to be: 1. Part of a developed, urban area in which, in view of available public facilities and applicable laws and restrictions, the imposition of a program would not substantially improve protection of tidal water quality or conservation of fish, wildlife, or plant habitats; or 2. Located at least 1,000 feet from open water and separated from open water by an area of wetlands which it is found will serve to protect tidal water quality and fish, wildlife, or plant habitats from adverse impacts of development in the excluded area. (ii) A portion of urban area to be excluded shall be at least 50% developed and may not be less than 2,640,000 square feet in contiguous area or the entire initial planning area located within the boundaries of a municipality, whichever is less. (2) A local jurisdiction shall include in any program submitted to the Commission under § 8-1809 of this subtitle a designation of those portions of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area proposed for exclusion under paragraph (1) of this subsection, together with all factual information and expert opinion supporting its findings under this subsection. (3) The Commission shall approve a local jurisdiction's designation of portions to be excluded unless the Commission finds, based on stated reasons, that the decision of the local jurisdiction was: (i) Not supported by competent and material evidence; or (ii) Arbitrary or capricious. (4) If the Commission develops the program to be applied in a local jurisdiction, the Commission shall exclude areas as appropriate to meet the intent of paragraph (1) of this subsection. (d) The Chesapeake Bay Critical Area shall consist of: (1) Those areas designated in subsection (a) of this section, except any areas excluded in accordance with subsection (c) of this section; and (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission. (e) The Atlantic Coastal Bays Critical Area shall consist of: (1) Those areas designated in subsection (b) of this section, except any areas excluded in accordance with subsection (c) of this section; and (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission. §8-1807. ** CONTINGENCY - NOT IN EFFECT - CHAPTER 119 OF 2008 ** (a) The initial planning area for determination of the Chesapeake Bay Critical Area consists of the following areas, as indicated on the Statewide Base Map: (1) All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide; (2) All State and private wetlands designated under Title 16 of the Environment Article; and (3) All land and water areas within 1,000 feet beyond the landward boundaries of the resources identified under paragraphs (1) and (2) of this subsection. (b) The initial planning area for determination of the Atlantic Coastal Bays Critical Area consists of the following areas, as indicated on the Statewide Base Map: (1) All waters of and lands under the coastal bays and their tributaries to the head of tide; (2) All State and private wetlands designated under Title 16 of the Environment Article; and (3) All land and water areas within 1,000 feet beyond the landward boundaries of the resources identified under paragraphs (1) and (2) of this subsection. (c) (1) (i) In determining the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area within its boundaries, a local jurisdiction may exclude those portions of the planning area designated in subsection (a) or (b) of this section which the local jurisdiction finds to be: 1. Part of a developed, urban area in which, in view of available public facilities and applicable laws and restrictions, the imposition of a program would not substantially improve protection of tidal water quality or conservation of fish, wildlife, or plant habitats; or 2. Located at least 1,000 feet from open water and separated from open water by an area of wetlands which it is found will serve to protect tidal water quality and fish, wildlife, or plant habitats from adverse impacts of development in the excluded area. (ii) A portion of urban area to be excluded shall be at least 50% developed and may not be less than 2,640,000 square feet in contiguous area or the entire initial planning area located within the boundaries of a municipality, whichever is less. (2) A local jurisdiction shall include in any program submitted to the Commission under § 8-1809 of this subtitle a designation of those portions of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area proposed for exclusion under paragraph (1) of this subsection, together with all factual information and expert opinion supporting its findings under this subsection. (3) The Commission shall approve a local jurisdiction's designation of portions to be excluded unless the Commission finds, based on stated reasons, that the decision of the local jurisdiction was: (i) Not supported by competent and material evidence; or (ii) Arbitrary or capricious. (4) If the Commission develops the program to be applied in a local jurisdiction, the Commission shall exclude areas as appropriate to meet the intent of paragraph (1) of this subsection. (d) The Chesapeake Bay Critical Area shall consist of: (1) Those areas designated in subsection (a) of this section, except any areas excluded in accordance with subsection (c) of this section; and (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission. (e) The Atlantic Coastal Bays Critical Area shall consist of: (1) Those areas designated in subsection (b) of this section, except any areas excluded in accordance with subsection (c) of this section; and (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission.
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