Sec. 27.02.05.02. Commission Review

A. If the action of a State agency will result in development in the Critical Area, the agency, as soon as practicable in the planning process, shall consult with the Commission regarding an assessment of:

(1) The requirements under Regulations .03-.15 of this chapter and the likely effects of these requirements on a development project, including the fee simple acquisition or disposal of land in the Critical Area; and

(2) Climate resilient practices that address coastal hazards, extreme weather events, sea level rise, and other impacts.

B. At any time during the Commission’s review process, the Commission may comment in writing on a proposed development or land acquisition or disposal, and, when applicable, shall transmit its comments to the agency, but these comments may not prevent the agency from submitting the proposed development for funding or from acquiring or disposing of land.

C. When the Commission determines that the consultation process under §A of this regulation has been completed, a State agency shall submit its proposed development for the Commission’s approval before the earliest to occur of the following stages of development:

(1) The commencement of construction or the issuance of a request for proposal for site design, development, or engineering; or

(2) For a major transportation capital project, as defined in Transportation Article, §2-103.1, Annotated Code of Maryland, the final project planning phase.

D. In its development proposal under §C of this regulation, an agency shall submit, at a minimum:

(1) A description of the development project;

(2) Findings that the development project complies with all requirements under Regulations .03-.15 of this chapter, as applicable;

(3) All information and documentation required by the Commission; and

(4) If applicable, findings under COMAR 27.02.06.

E. The Commission:

(1) Shall:

(a) Review the description and findings in accordance with the procedures under COMAR 27.02.07; and

(b) Seek comments from the local jurisdiction within which the proposed development is located; and

(2) May approve, deny, approve with conditions, or send back the proposed development project, based on an assessment of the extent to which the project complies with the requirements under Regulations .03-.14 of this chapter.

F. If the Commission finds that the development project, as proposed or as modified under §E(2) of this regulation, does not comply with the requirements of this chapter, the Commission may not authorize the development to proceed, unless otherwise approved under the provisions of COMAR 27.02.06.

G. A State agency may appeal, or request consideration of, a final decision of the Commission in accordance with the provisions of COMAR 27.02.08.