§ 32-3-511. SAME - CHESAPEAKE BAY CRITICAL AREA.

(a)

Limitations in critical area. An amendment to the Chesapeake Bay Critical Area Overlay Areas as established under Article 33, Title 2, Subtitle 6 of the Code is subject to the limitations established under this section.

(b)

Board of Appeals authority. In accordance with § 8-1809(h) of the Natural Resources Article of the Annotated Code of Maryland, the Board of Appeals may grant an amendment to the Chesapeake Bay Critical Area Overlay Areas in accordance with a request for growth allocation under Title 9 of this article.

(c)

Criteria for consideration. In evaluating a request for an amendment of the Chesapeake Bay Critical Area Overlay Areas, the Board of Appeals shall consider the criteria in COMAR 27.01.02 and the standards in appendix IV-B of the local protection program adopted by Council Resolution No. 13-88.

(d)

Written findings. The Board of Appeals may not grant an amendment to the Chesapeake Bay Critical Area Overlay Areas unless the Board has made written findings that the proposed amendment will:

(1)

Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have runoff from surrounding lands;

(2)

Conserve fish, wildlife, and plant habitat; and

(3)

Be consistent with established land use policies for development in the Chesapeake Bay Critical Area that:

(i)

Accommodate growth; and

(ii)

Address the fact that, even if pollution is controlled, the number, movement, and activities of persons in an area can create adverse environmental impacts.

(e)

Growth allocation. The Board of Appeals shall refer zoning reclassifications in cases involving growth allocation to the Planning Board for consideration and written report on the reclassification, subject to Title 9 of this article.

(1988 Code, § 2-356) (Bill No. 103-02, § 2, 7-1-2004; Bill No. 108-05, § 2, 10-30-2005)

Editor's note:
  The amendments enacted under § 2 of Bill 108-05 are effective retroactive to July 1, 2004.