§ 33-2-606. STRUCTURES ON PIER.

(a)

" Pier" defined. In this section, "pier" includes a bulkhead, breakwater, piling, or similar structure.

(b)

Scope. This section applies to the construction, installation, maintenance, repair, and expansion of structures on piers located in or over tidal wetlands.

(c)

Prohibited. Except as provided in subsection (d) of this section, a person may not construct or install a dwelling unit, commercial building, sanitary facility, gazebo, shed, other storage building, roof, deck, or other temporary or permanent nonwater-dependent structure on a fixed or floating pier or auxiliary platform.

(d)

Exceptions.

(1)

A person may construct or install the structures listed in subsection (c) of this section on a fixed or floating pier or auxiliary platform if the pier:

(i)

Existed on December 1, 1985; and

(ii)

Is located in an intensely developed area.

(2)

A temporary placement of a structure on a pier to facilitate construction of a bridge may be allowed if the Director of Environmental Protection and Sustainability determines that:

(i)

There are no upland alternatives; and

(ii)

All environmental impacts have been avoided or minimized.

(e)

Maintenance. Routine maintenance and repair of an existing structure on a pier is allowed if:

(1)

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

(2)

No enclosure of the structure occurs.

(f)

Requirements. All projects involving the construction, installation, maintenance, repair, or operation of a structure on a pier:

(1)

May not have a long term adverse effect on the water quality of adjoining waters;

(2)

Shall improve the water quality of existing stormwater runoff from the project site into adjoining waters; and

(3)

May not allow a sewer line or other utility line extended for the pier to adversely affect the water quality of adjoining waters.

(g)

Petroleum. Notwithstanding § 33-2-604 of this subtitle, a structure less than 100 square feet in area and with permanent vertical walls may be constructed on a pier at a commercial marina in an area that facilitates dispensing petroleum.

(h)

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

(1988 Code, § 26-456) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)