§ 33-2-605. STRUCTURES ON PRIVATE AND NONMARINA COMMERCIAL PROPERTY.

(a)

Scope. This section applies to the construction, maintenance, repair, and expansion of fixed and floating piers, auxiliary structures, mooring piles, osprey poles, boat hoists and lifts, boathouses and nonwater-dependent structures on private residential waterfront property and nonmarina commercial property.

(b)

In general.

(1)

(i)

Subject to paragraph (2) of this subsection, only one pier, six moorings piles, two osprey poles, four boat hoists or lifts, and four boat slips are allowed per property.

(ii)

New or expanded construction on nonmarina commercial property exceeding the limits under this paragraph are subject to the requirements for water-dependent facilities under § 33-2-604 of this subtitle.

(2)

Piers, mooring piles, osprey poles, finger piers, boat hoists or lifts, decks, walkways, or other auxiliary structures are prohibited if the Director of Environmental Protection and Sustainability determines that the structure will:

(i)

Adversely impact:

1.

Shallow water habitat;

2.

Submerged aquatic vegetation;

3.

Vegetated nontidal wetlands or tidal wetlands;

4.

Shellfish habitat;

5.

Water quality; or

6.

Habitat protection areas that contain endangered species, threatened species, species in need of conservation, anadromous fish propagation waters, colonial waterbird nesting habitat, or habitats of local significance;

(ii)

Obstruct the ebb and flow of the tide;

(iii)

Obstruct navigational channels or otherwise impede navigation;

(iv)

Extend to within 100 feet of a ski course approved by the Department of Natural Resources; or

(v)

Extend channelward of the lesser of the following:

1.

100 feet of the mean high-water line;

2.

A distance 25 % of the width of the waterway; or

3.

The minus three-foot contour.

(3)

Except as provided in § 33-2-606 of this subtitle, other nonwater-dependent facilities and activities may not be constructed or installed in or over tidal wetlands.

(c)

Boathouses.

(1)

A boathouse or other similar temporary or permanent roof, cover, or raised deck, or associated support structures, may not be constructed or installed in or over tidal wetlands.

(2)

Routine repair and maintenance of an existing boathouse is allowed if:

(i)

There is no increase in width, length, height, or channelward encroachment of the structure; and

(ii)

No enclosure of the structure occurs.

(d)

Piers.

(1)

(i)

Except as provided in subparagraph (ii) of this paragraph, piers may be constructed in and over tidal wetlands and nontidal wetlands if the wetlands are not adversely impacted.

(ii)

Unless no open water alternative exists, piers may not be constructed in and over tidal wetlands or nontidal wetlands that:

1.

Are vegetated; or

2.

Support a population of submerged aquatic vegetation.

(2)

Piers shall be attached to uplands above the mean high-water line to minimize:

(i)

Shading of vegetated wetlands; and

(ii)

Disturbance to fish and wildlife habitat.

(3)

(i)

The width of the main section of a pier may not exceed 6 feet.

(ii)

Piers shall be constructed a minimum of 3 feet above the top of the substrate of the wetlands, regardless of pier width.

(4)

Heavy equipment used in pier construction shall be placed on mats or other suitable material to minimize damage to the wetlands.

(5)

(i)

A maximum of two 3-foot wide finger piers not exceeding 50% of the proposed slip length may be constructed on the landward side of the end of a private pier.

(ii)

Finger piers may not be constructed on the channelward side of the end of a private pier.

(6)

Petroleum dispensing apparatus may not be placed or stored on fixed or floating piers.

(e)

Mooring piles. Mooring piles may not be installed in tidal wetlands and nontidal wetlands for boat mooring unless sufficient water depth allows mooring without:

(1)

Alteration to the wetlands; or

(2)

Disturbance to submerged aquatic vegetation or habitat protection areas.

(f)

Auxiliary platforms.

(1)

The total area of all fixed and floating auxiliary platforms, including "T's" and "L's" and step down platforms, may not exceed 200 square feet.

(2)

Step down platforms and steps:

(i)

May not, collectively, exceed 60 square feet; and

(ii)

Shall be constructed on the landward side of the "T" or "L" head.

(3)

Step down platforms and steps may not be constructed within the landward 50% of the main pier section.

(4)

Fixed or floating auxiliary platforms may not be constructed over vegetated tidal wetlands or nontidal wetlands.

(5)

Petroleum dispensing apparatus may not be placed or stored on a fixed or floating auxiliary platform.

(g)

Project approval.

(1)

The Department of Environmental Protection and Sustainability may require project approval conditions to minimize the adverse environmental impacts listed under items (b)(2)(i) and (ii) of this section.

(2)

The Department of Environmental Protection and Sustainability may issue a letter of permission instead of a permit for the routine repair, replacement, and maintenance of an existing pier and auxiliary structure if, before work begins, the Department of Environmental Protection and Sustainability conducts a preliminary site inspection to verify the existing conditions and:

(i)

Replacement does not expand or extend preexisting construction; and

(ii)

Replacement does not relocate any portion of preexisting construction.

(h)

Other applicable law; conflict of law.

(1)

Structures subject to this section are also subject to the requirements of § 417 of the Baltimore County Zoning Regulations.

(2)

In a conflict between this section and § 417 of the Baltimore County Zoning Regulations, the more restrictive provision shall prevail.

(i)

Construction of section. This section may not be construed to authorize:

(1)

Dredging or filling of tidal wetlands or nontidal wetlands, other than the installation of pilings;

(2)

The installation or construction of shore erosion protection works; or

(3)

The creation of a presumption that subsequent dredging or filling of tidal wetlands or nontidal wetlands will be authorized by the county or a state or federal agency.

(1988 Code, § 26-455) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)