Sec. 27.01.02.06-4. Deduction of Growth Allocation Acreage

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Defined Terms.

(a) ”Deduction” means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located.

(b) “Growth allocation envelope” means all of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.

B. A local jurisdiction shall deduct acreage from its growth allocation reserves:

(1) For the total number of acres of a parcel for which growth allocation is approved if, as of December 1, 1985 in the Chesapeake Bay Critical Area or June 1, 2002 in the Atlantic Coastal Bays Critical Area:

(a) The parcel was less than 20 acres; or

(b) The parcel was at least 20 acres but the growth allocation application does not qualify for use of a growth allocation envelope under §B(2) of this regulation; or

(2) For the number of growth allocation acres approved within a growth allocation envelope, if:

(a) Areas that support the proposed development are included within the growth allocation envelope; and

(b) When converting:

(i) A resource conservation area to a new limited development area or a new intensely developed area, the remaining resource conservation area on the parcel outside the growth allocation envelope is at least 20 acres; or

(ii) A limited development area to a new intensely developed area, the new intensely developed area is at least 20 acres unless a lesser amount is approved in accordance with Regulation .03B(2) of this chapter.

C. Applicability. The provisions of §§D and E of this regulation are applicable to a growth allocation application to convert a resource conservation area to a new limited development area or a new intensely developed area when the application uses a growth allocation envelope under §B(2) of this regulation.

D. A local jurisdiction shall make a determination under §E of this regulation in accordance with the parcel’s resource conservation area acreage as it existed:

(1) In the Chesapeake Bay Critical Area, on December 1, 1985; or

(2) In the Atlantic Coastal Bays Critical Area, on June 1, 2002.

E. A local jurisdiction may not approve the application unless the local jurisdiction, by use of the subdivision and development history required under Regulation .06-2A(2) of this chapter, determines that, given the existing dwelling units and the development potential on the parcel outside the proposed growth allocation envelope, there remains sufficient resource conservation area acreage outside the envelope to support a minimum density of one dwelling per 20 acres, as required under Regulation .05C(4) of this chapter.

F. A local jurisdiction may exclude the following from a growth allocation deduction:

(1) The remaining resource conservation area outside a growth allocation envelope in accordance with §B(2)(b)(i) of this regulation;

(2) The remaining resource conservation area that is outside a growth allocation envelope and is less than 20 acres if:

(a) The remaining resource conservation area on the growth allocation parcel is adjacent and contiguous to a permanently protected resource conservation area on another parcel; and

(b) The sum of the total acreage of the remaining resource conservation area on the growth allocation parcel and the acreage of the permanently protected resource conservation area on another parcel is at least 20 acres;

(3) The acreage of a 300-foot setback, even when it is less than 20 acres;

(4) The acreage within the buffer required in COMAR 27.01.09.01 when it is within a 300-foot setback; and

(5) The acreage of tidal wetlands on the parcel.

G. A local jurisdiction shall authorize a maximum of one growth allocation envelope per parcel unless:

(1) Deduction of more than one growth allocation envelope will provide a water quality or habitat benefit; and

(2) The Commission approves the use of more than one growth allocation envelope.

H. A local jurisdiction shall require deduction of the number of growth allocation acres that are shown on the locally approved map.

I. When a 300-foot setback is not provided, a local jurisdiction shall require deduction for the area of the buffer required under COMAR 27.01.09.01.