Sec. 08.08.05.05. Special Permits

A. Application.

(1) The following persons shall be required to obtain a special permit:

(a) A buffer strip use permittee who desires to use, alter, modify, or improve the lake or buffer strip other than as authorized under a buffer strip use permit;

(b) A commercial landowner who desires to install more than one dock with three slip spaces or moorings, or who wishes to use a boat launch ramp for commercial purposes.

(2) A person who wishes to obtain a special permit shall apply to the lake manager on a form provided by the Department. When the special permit is requested:

(a) By a commercial landowner for the installation of more than one dock with three slip spaces, the applicant shall include a detailed plan for the proposed use of the buffer strip and the lake, including the proposed placement of docks, number of slips, and types of uses proposed;

(b) For alterations, modifications, or other uses of the buffer strip, the applicant shall include a detailed plan which describes materials to be used, construction methods, proposed timetables, location of modifications, and other relevant information.

(3) The lake manager may request additional relevant information from the applicant. Failure to submit requested information shall result in denial of the application.

(4) After assessing the possible damage to the buffer strip and lake, or both, the lake manager may require the applicant to submit a bond in a reasonable amount to cover the possible damage to the lake or the buffer strip. If a bond is required, the lake manager shall state in writing to the applicant the amount of the bond and the reasons why a bond is required. Failure to submit the required bond shall result in denial of the application.

B. Issuance.

(1) When the applicant requests a special permit for installation of permanent structures, excavation or filling of the buffer strip or lake bottom, or removal of vegetation, other than maintenance authorized under Regulation .03A(3) of this chapter, the lake manager may issue the permit in accordance with this regulation, as follows:

(a) In reviewing an application for a special permit, the lake manager shall consider the criteria set out in Regulation .01C of this chapter.

(b) A special permit issued by the lake manager shall specify the use, modification, construction, alteration, or activity permitted. A permittee who exceeds the authority granted in a special permit shall be liable for damage resulting from the unauthorized action.

(2) When the applicant requests the placement of a dock for a commercial landowner to accommodate greater than three slips or moorings, or the use of a boat launch ramp for commercial purposes, the lake manager may grant or deny the application as follows:

(a) If the lake manager determines that the plan for use of the lake and buffer strip is not consistent with these regulations, the application shall be denied.

(b) The lake manager may approve or disapprove the proposed location, type, and position of dock facilities and mooring areas, or otherwise condition the special permit as necessary considering the criteria set out in Regulation .01D.

(c) If the use of the boat slips or moorings includes the overnight storage of boats, not including rental boats, boats used by marina employees, or boats stored for service, or includes the leasing of boat slips to the public, the lake manager may approve not more than one slip space or mooring buoy for each 50 feet of usable buffer strip frontage to which the applicant has title, unless a permit had been issued before May 5, 1986 and the commercial use has not significantly changed. The following apply:

(i) If a property validated for commercial use significantly changes to a use other than that described in the permit and validation, then the lake manager shall restrict the number of slips or mooring buoys to one for each 50 feet of usable buffer strip.

(ii) The lake manager may assign to other commercial permittees slips in excess of the 50-foot limitation which have been eliminated from a special permittee's use permit due to a significant change in the nature of the permittee's operation.

(d) The lake manager may approve less than one slip space or mooring buoy for each 50 feet of frontage as described in §B(2)(c) of this regulation, if the lake manager determines that this action is necessary under the criteria set out in Regulation .01D of this chapter.

(e) If the use of docks or mooring buoys does not include the overnight storage of boats at docking or mooring facilities, or involve ramping or dry storage to accomplish overnight storage of boats, the lake manager may approve more than one slip space or mooring buoy for each 50 feet of frontage, providing the approved level of use is consistent with the criteria set out in Regulation .01D of this chapter.

(f) Except for boats owned by a buffer strip use permit holder stored on ramps, when the special permit approves the use of a boat launch ramp, the lake manager shall specifically designate the number and types of launchings which are to be permitted. The lake manager may alter the permitted number of launchings at any time to protect public safety or welfare or to carry out the policies set forth in COMAR 08.08.01.01. The commercial permittee shall limit the number of daily launchings to that stated in the permit.

(3) A special permit holder who violates the terms of the permit or these regulations is liable for all damages to the buffer strip or lake resulting from the violation. Upon violation of the terms of the permit or regulations by a special permit holder, the lake manager may:

(a) Revoke the bond, if any;

(b) Recover from the special permit holder any additional damages not covered by the bond.

(4) The forfeiture of the bond and any damages due are in addition to any other penalties provided in these regulations.

C. Fee. Upon receipt of a special permit, the permittee shall forward to the lake manager the fee specified in the permit. The permit shall be valid only after the lake manager receives the permit fee. This fee is in addition to any fee assessed for a buffer strip use permit.