Sec. 27.02.04.02. Criteria

A. New major development which is caused by State or local agency actions shall, to the extent practical, be located outside the Critical Area.

B. If the siting of a major development within the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the State or local agency responsible for the development, or the agency proposing a capital project, shall seek approval for the development from the Commission.

C. In seeking approval, the agency shall submit the following information to the Commission:

(1) Findings, supported by adequate documentation, showing the extent to which the development is consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which it is located; and

(2) An evaluation of the effects of the development on the Critical Area program of the local jurisdiction, or jurisdictions, within which it is located, including any effects on the jurisdiction's growth allocation as described in COMAR 27.01.02.06.

D. Upon receipt of a request for approval, the Commission shall seek comments on the proposed development from the affected local jurisdictions and from the general public.

E. The Commission shall approve, deny, or request modifications to, the proposed development based on an assessment of the effects of the development on the criteria described in COMAR 27.01, and on the approved local Critical Area program which may be affected by the development. Appeal of the Commission's decision may be made according to the procedures set forth in COMAR 27.02.08.

F. Commission approval of development in an area that is designated as a resource conservation area by the local jurisdiction does not have the effect of diminishing the acreage of resource conservation area within that jurisdiction or diminishing the acreage of growth allocation as described in COMAR 27.01.02.06.

G. When the Public Service Commission is reviewing an application for a Certificate of Public Convenience and Necessity for development within the Critical Area, the Commission or the Commission Chairman shall:

(1) Review the Critical Area impacts to ensure the development meets the requirements of COMAR 27.01 and COMAR 27.02;

(2) Provide comments on the Critical Area impacts to the Power Plant Research Program and request the comments be incorporated as recommended conditions to the Public Service Commission; and

(3) Forward comments to the affected local jurisdictions.

H. A major solar energy generating system proposed by a private sponsor in the resource conservation area requires a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05.

I. A major solar energy generating system proposed by a local agency on locally owned lands in the resource conservation area does not require reservation of development rights or recordation of a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05