§ 33-2-205. VARIANCES.

(a)

In general. Notwithstanding § 32-4-231(a)(4) of the Code, the Director of Environmental Protection and Sustainability may grant a variance from the requirements of this title, in accordance with the Chesapeake Bay Critical Area criteria concerning variances under COMAR 27.01.11 and notice requirements under COMAR 27.03.01, if a proposed development is:

(1)

Exempted from review and approval under § 32-4-106 of the Code; or

(2)

Granted a hearing waiver under § 32-4-107(b) of the Code.

(b)

Notice. Notice of an applicant's variance proposal shall be published once in a newspaper of general circulation in the county 15 days before variance approval.

(c)

Conditions of approval. The Director of Environmental Protection and Sustainability may require conditions for variance approval, including site design conditions or mitigation, to minimize adverse impacts on water quality or fish, wildlife, or plant habitat.

(d)

Appeals. A person aggrieved or feeling aggrieved by a decision of the Director of Environmental Protection and Sustainability made under subsection (a) of this section may appeal the decision de novo to the Board of Appeals.

(e)

Regulations. The Director of Environmental Protection and Sustainability, in accordance with Article 3, Title 7 of the Code, may adopt regulations for the preparation and review of proposed development projects and other activities in the Chesapeake Bay Critical Area that are consistent with the Chesapeake Bay Critical Area law and Chesapeake Bay Critical Area criteria.

(1988 Code, § 26-445) (Bill No. 222, 1992, § 1, 3-11-1993; Bill No. 120-93, 1993, §§ 1, 2, 9-10-1993; Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)