Sec. 27.02.05.03-1. Development in an Intensely Developed Area

A. The requirements of this regulation are in addition to the requirements under Regulation .03 of this chapter.

B. If any part of a linear project crosses an area designated as an intensely developed area, the Commission shall review the linear project in accordance with the requirements of this regulation.

C. When a State agency proposes development in an intensely developed area, to the maximum extent practicable, the agency shall:

(1) Plant native vegetation and minimize areas maintained as lawn or turf; and

(2) Utilize pervious surfaces rather than impervious surfaces on the development site.

D. Location of Future Port or Industrial Facilities

(1) Except as authorized under §D(2) of this regulation, a State agency shall locate a port or an industrial facility in an intensely developed area and as close as possible to an already-existing port or facility if the port or facility uses water for transportation and derives an economic benefit from shore access.

(2) A State agency may identify an alternative to the location specified under §D(1) of this regulation for future port or industrial facility development and use if the alternative location:

(a) Will provide significant economic benefit to the State or a local jurisdiction; and

(b) Satisfies all other applicable federal and State requirements.

E. Uses Authorized Only in Intensely Developed Areas.

(1) Subject to the requirements under §E(2) of this regulation, a State agency may locate a new facility or other new development that has the potential for adversely affecting fish, plant, and wildlife habitat or water quality in the Critical Area only if the facility or development is located in an intensely developed area.

(2) An agency may locate, or authorize the location of, the following facilities or types of development in an intensely developed area:

(a) A power plant;

(b) A permanent sludge handling, storage, or disposal facility, if it is associated with a wastewater treatment facility; or

(c) Nonmaritime heavy industry.