Sec. 27.01.13.04. Authorization of a Nonwater-Dependent Project; Local Program Amendments; Local Options

A. Subject to the prohibition under §E of this regulation, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project on State or private wetlands within the Critical Area if, on or after July 1, 2013, the Commission has approved a local program amendment covering the project, which may include a process for the retroactive consideration of the project.

B. Subject to the prohibition under §E of this regulation, the Commission may approve a local program amendment regarding a nonwater-dependent project if the project:

(1) Satisfies the requirements of:

(a) A commercial nonwater-dependent project under Regulation .05 of this chapter; or

(b) A small-scale renewable energy system under Regulation .06 of this chapter; or

(2) Was constructed or established on or after July 1, 2013 in the absence of, or in violation of, an approved local program amendment but satisfies the requirements under §B(1)(a) or (b) of this regulation, and the local jurisdiction’s program amendment establishes a process for the retroactive consideration of the project.

C. If a nonwater-dependent structure is constructed or established on or after July 1, 2013 in a local jurisdiction that has not received Commission approval of a local program amendment regarding retroactive consideration of a project, the local jurisdiction may:

(1) Submit to the Commission a local program amendment to establish a process for retroactive consideration of the project, and, pending the Commission’s decision regarding the program amendment, may stay any enforcement procedures; or

(2) Provide written notification to the Commission of its decision not to submit a local program amendment under §C(1) of this regulation, which shall activate the following enforcement procedures:

(a) A prohibition on the local jurisdiction’s issuance of a building permit, variance, or special exception or any other retroactive authorization for the project;

(b) Complete removal of the project by, or under the supervision of, the local jurisdiction; and

(c) Any other legal and equitable remedies available to the local jurisdiction under State and local law.

D. If a local program amendment provides for requirements that are more restrictive than the State requirements regarding nonwater-dependent projects under Natural Resources Article,§8-1808.4, Annotated Code of Maryland, or under this chapter, the local jurisdiction may establish an alternative procedure for consideration, on a case-by case basis, of a modification of its more restrictive requirements.

E. Notwithstanding any other provision of law, a local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project that fails to satisfy the State requirements established under Natural Resources Article, §8-1808.4, Annotated Code of Maryland, and this chapter.