Sec. 27.02.05.03-2. Development in a Limited Development 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 a limited development area, the Commission shall review the linear project in accordance with the requirements of Regulation .03-1 of this chapter.

C. For development proposed on State-owned land that is in a limited development area, a State agency:

(1) Except as authorized under §D of this regulation, may remove up to 20 percent of the areal extent of forest or developed woodland, and shall maintain the remaining percentage as forest or developed woodland;

(2) On a slope measuring at least 15 percent, as measured before development, may not propose a development project, unless the project is the only effective way to improve or, in the alternative, maintain the stability of the slope;

(3) May not design or construct a development project that exceeds 15 percent of the lot coverage on:

(a) The total development site, if the site is mapped entirely as a limited development area; or

(b) The portion of the development site that is mapped as a limited development area, if only a portion of the site is mapped as a limited development area; and

(4) If there is no forest or developed woodland established on a proposed development site, shall:

(a) Plant the site to provide a new forest or developed woodland cover of at least 15 percent; and

(b) Maintain the afforested area as forest or developed woodland cover.

D. The Commission may authorize a State agency to remove:

(1) More than 20 percent and up to 30 percent of the areal extent of a forest or developed woodland if:

(a) The agency replaces the forest or developed woodland removed at a ratio of 1.5:1 of the entire areal extent of the forest or developed woodland removed; and

(b) The agency maintains the remaining percentage as forest or developed woodland; or

(2) More than 30 percent of the areal extent of a forest or developed woodland if:

(a) In accordance with the requirements under COMAR 27.02.06, the Commission approves the agency’s request for conditional approval;

(b) The agency replaces the forest or developed woodland removed at a ratio of at least 3:1 of the entire areal extent of the forest or developed woodland removed; and

(c) The agency maintains the remaining percentage as forest or developed woodland.