Sec. 08.15.03.03. Exceptions

A. A person may apply to the Department for an exception to this subtitle. The burden will be on the applicant to demonstrate satisfactorily that:

(1) The exception is consistent with the legislative intent of the Scenic and Wild Rivers Act and is not injurious to the scenic and wild character of the river; and

(2) Special circumstances as fully described by the applicant affect the land or its structure so that strict application of these regulations, in the case of the applicant only, would cause unnecessary hardship or deprive him of all reasonable use of his property. Land acquired within the scenic corridor before May 27, 1976, which does not meet the development and use specifications of these regulations, such as minimum set-back and lot-size requirements, shall be deemed a special circumstance under this section.

B. The Department shall respond to the request within 60 days of receipt by either granting, conditionally granting, or denying the request. The Department shall hold a public hearing in Garrett County on the application before rendering its final decision. Notice of public hearing shall be published in two newspapers, one of general circulation in Garrett County and one of general circulation in the State.

C. The application procedure for an exception under this regulation is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.