Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 27. Critical Area Commission for the Chesapeake & Atlantic Coastal Bays |
Subtitle 02. DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS |
Chapter 27.02.02. State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions |
Sec. 27.02.02.02. Criteria
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A. Development of local significance on private land or lands owned by local jurisdictions, which is caused by State or local agency actions, shall be consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which the development is proposed.
B. Before initiating or approving these actions, the State or local agency shall obtain certification from the appropriate agency within the local jurisdiction that the actions are consistent with the local Critical Area program. A description of the proposed development and the request for local certification shall be submitted to the Commission.
C. If the Commission determines that the proposed development is major development as defined in COMAR 27.02.04, then the Commission will review, and may give approval to, the projects according to the provisions of that chapter. The Commission shall notify a local jurisdiction within 15 days of receipt of the request for local certification if it determines that the project is a major development.
D. Copies of the local jurisdiction's approval or denial of certification shall be filed with the Commission.
E. If a local jurisdiction denies certification, then the proposed development may not occur. However, State agencies may appeal denials to the Commission according to the procedures set forth in COMAR 27.02.08.