Sec. 27.01.02.02. General Policies

A. In order to recognize already existing land uses and development in the Critical Area, the Commission recognizes these three types of development areas:

(1) Intensely developed areas;

(2) Limited development areas; and

(3) Resource conservation areas.

B. Within each jurisdiction, intense development should be directed outside the Critical Area. Future intense development activities, when proposed in the Critical Area, shall be directed towards the intensely developed areas.

C. Additional low intensity development may be permitted in the limited development areas, but shall be subject to strict regulation to prevent adverse impacts on habitat and water quality.

D. Development shall be limited in the resource conservation area, which shall be chiefly designated for agriculture, forestry, fisheries activities, other resource utilization activities and for habitat protection.

E. Local jurisdictions shall identify each of the three areas within their jurisdiction based on the criteria to follow, and develop policies and programs to achieve the objectives as proposed by the Commission.

F. Activities Not Permitted

(1) Certain new development, or redevelopment activities or facilities, because of their intrinsic nature, or because of their potential for adversely affecting habitats or water quality, may not be permitted in the Critical Area except in intensely developed areas under Regulation .03 of this chapter, and only after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

(a) Nonmaritime heavy industry;

(b) Transportation facilities and utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters (utility transmission facilities do not include power plants); or

(c) Permanent sludge handling, storage, and disposal facilities, other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot Buffer.

(2) Local jurisdictions may preclude additional development activities that they consider detrimental to water quality or fish, wildlife, or plant habitats within their jurisdictions.

G. Certain new development activities or facilities, or the expansion of certain existing facilities, because of their intrinsic nature, or because of their potential for adversely affecting habitat and water quality, may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem. These include:

(1) Solid or hazardous waste collection or disposal facilities; or

(2) Sanitary landfills.

H. Existing, permitted facilities of the type noted in §G(1) and (2), above, shall be subject to the standards and requirements of the Maryland Department of the Environment, under COMAR Title 26.