§ 33-2-607. SHORE EROSION PROTECTION MEASURES.

(a)

Scope.

(1)

This section applies to the construction and installation of shore erosion protection measures located above or below the mean high-water line.

(2)

This section does not apply to structures constructed or installed under § 33-2-604 of this subtitle.

(b)

Structural shore erosion protection measures.

(1)

Except as provided in paragraph (2) of this subsection, structural shore erosion protection measures may not be constructed or installed.

(2)

Structural shore erosion protection measures may be constructed or installed in:

(i)

A significantly eroding area; or

(ii)

Other areas where nonstructural shore erosion protection measures cannot practically and effectively reduce or prevent shore erosion.

(c)

Nonstructural shore erosion protection measures. Nonstructural shore erosion protection measures shall be used in all other areas where shore erosion is to be controlled.

(d)

Requirements.

(1)

In areas where structural shore erosion protection measures are allowed, the measure that shall be used is the measure that:

(i)

Best provides for the protection of plant, fish, and wildlife habitat; and

(ii)

Practically and effectively reduces or prevents shore erosion.

(2)

(i)

1. Individual trees may be removed from the buffer to allow construction access or installation of shore erosion protection measures.

2.

Each tree cut under this subparagraph shall be replaced in the buffer on an equal basis.

(ii)

1. Disturbance to other naturally vegetated areas in the buffer shall be minimized.

2.

Stabilization or revegetation of disturbed vegetated areas may be required when construction of the shore erosion protection measures is complete.

(3)

Structural shore erosion protection measures may not be constructed or installed if the measures will adversely impact:

(i)

Shallow water habitat;

(ii)

Submerged aquatic vegetation;

(iii)

Shellfish habitat;

(iv)

Water quality;

(v)

Anadromous fish propagation waters; or

(vi)

Endangered species, threatened species, or species in need of conservation.

(e)

Project approval. The Director of Environmental Protection and Sustainability may require project approval conditions to minimize adverse environmental impacts associated with the construction and installation of structural shore erosion protection measures.

(f)

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

(1988 Code, § 26-457) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)