§ 33-2-604. WATER-DEPENDENT ACTIVITY, FACILITY, OR STRUCTURE.

(a)

Scope. This section applies to activity and structures that include water-dependent activity or structures associated with industrial, maritime, recreational, educational, or fishery activity.

(b)

Buffer requirements. Siting, development, redevelopment, and expansion of water-dependent facilities in the buffer:

(1)

Shall strictly conform to the criteria under the county water-dependent facilities manual;

(2)

May be allowed in an intensely developed area or a limited development area if:

(i)

Adverse effects to water quality, wintering and migrating waterfowl habitat, or fish, plant, and wildlife habitat are minimized;

(ii)

Accessory structures are located outside the buffer; and

(iii)

The activity meets a recognized private right or public need; and

(3)

Are prohibited in a resource conservation area, except that community piers, public beaches, public water-oriented recreation or education areas, public boat launching, public docking facilities, or fishing piers may be allowed if:

(i)

Adequate sanitary facilities exist;

(ii)

Service facilities other than pumps, lifts, and other similar facilities are located outside the buffer;

(iii)

Permeable surfaces are used only if no groundwater degradation would result; and

(iv)

Disturbance to natural vegetation is minimized.

(c)

Marina requirements.

(1)

A marina shall:

(i)

Meet the sewage disposal sanitary requirements of the State Department of the Environment under COMAR 26.04.02; and

(ii)

Minimize discharge of bottom-wash waters into tidal waters.

(2)

New or expanded community marinas and other noncommercial boat docking and storage facilities may be allowed in an intensely developed area or a limited development area if:

(i)

The facility does not offer food, fuel, or other goods and services for sale;

(ii)

The facility is:

1.

Community established and owned; and

2.

Operated for the benefit of the residents of a platted and recorded riparian subdivision;

(iii)

The disturbance to the buffer is the minimum necessary to provide a single point of access to the facility; and

(iv)

The number of slips and piers is the lesser of:

1.

A.

One for each 50 feet of shoreline in the subdivision in an intensely developed area or a limited development area; and

B.

One for each 300 feet of shoreline in the subdivision in a resource conservation area; or

2.

For a subdivision with:

A.

Up to 15 platted lots or dwellings, one for each lot;

B.

16 to 40 platted lots or dwellings, the greater of 15 or a number equal to 75% of the platted lots or dwellings;

C.

41 to 100 platted lots or dwellings, the greater of 30 or a number equal to 50% of the platted lots or dwellings;

D.

101 to 300 platted lots or dwellings, the greater of 50 or a number equal to 25% of the platted lots or dwellings; or

E.

Over 300 platted lots or dwellings, the greater of 75 or a number equal to 15% of the platted lots or dwellings.

(3)

If community piers or slips are provided as part of the new development, private piers in the development are prohibited.

(d)

Other applicable law. In addition to this section, all new or expanded water-dependent facilities are subject to the requirements under:

(1)

§ 417 of the Baltimore County Zoning Regulations; and

(2)

The County Water-Dependent Facilities Manual.

(1988 Code, § 26-454) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004)