Proposed Action on Regulations
Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle
23 Public Health Impact Assessments
05.23.01 Procedure
Authority: Land Use
Article, §7-509, Annotated Code of Maryland
Notice of Proposed
Action
[24-141-P]
The Secretary of Housing
and Community Development proposes to adopt new Regulations .01—.04
under a new chapter, COMAR 05.23.01 Procedure, under a new subtitle,
Subtitle 23 Public Health Impact Assessments.
Statement of Purpose
The purpose of this
action is to describe procedures and requirements for the public health impact
statements for certain residential projects required under Ch. 122 (H.B. 538),
Acts of 2024.
Estimate of Economic Impact
I. Summary of Economic Impact. This action is not
anticipated to require additional expenditure by the Department of Housing and
Community Development (DHCD). The receipt and review of public health impact
assessments required under HB 538 will be handled by existing DHCD staff.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
trade groups
|
(+)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Public
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. The public health impact assessments, which are required by
statute, will likely require some additional labor and/or expenditure by
developers of certain qualified projects. However, the magnitude of the impact
cannot be determined.
F. The public health impact assessment requirement is intended to
protect residents of qualified residential projects being constructed in
non-residential zones from health risks caused by prior uses of the site or
prior or current uses in close proximity to the site. Residents of these
projects will benefit from the requirement for the developer to conduct a
thorough assessment of any potential health risks. However, the magnitude of
the impact cannot be determined.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Gilmore, Senior Policy Analyst,
Office of Policy Development, Department of Housing and Community Development,
7800 Harkins Road, Lanham, MD 20706, or call 443-571-2147, or email to
jordan.gilmore@maryland.gov. Comments will be accepted through December 2,
2024. A public hearing has not been scheduled.
.01 Purpose.
The purpose of this chapter is to prescribe the policies and
procedures relating to public health impact
statements as required by Land Use
Article, §7-509, Annotated Code of Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Area median income” means the median household income for
the area adjusted for household size as calculated annually by the United
States Department of Housing and Urban Development.
(2)“Department” means the Department of Housing and Community
Development, a principal department of the State.
(3) “Environmental professional” means a person meeting the
definition in Title 40, Part 312, of the Code of Federal Regulations.
(4) “Health hazard” means a chemical, physical, biological, or
ergonomic factor in the environment that may have a negative impact on human
health.
(5) “Public health impact assessment” means a written evaluation
of potential negative impacts on public health associated with the proximity of
a qualified project to any health hazards within an area zoned for
nonresidential use.
(6) “Qualified project” means a residential project that meets
the definition in Land Use Article, §§7-502, 7-503, or 7-504, Annotated Code of
Maryland, as applicable.
(7) “Secretary” means the Secretary of the Department of Housing
and Community Development, a principal department of the State.
.03 Public Health Impact Assessment Required.
A. Before a qualified project is authorized to exceed the
density in an area zoned for nonresidential use under Land Use Article Title 7,
Subtitle 5, Annotated Code of Maryland, the entity responsible for the
qualified project shall:
(1) Conduct a public health impact assessment;
(2) Submit the public health impact assessment to the
Department; and
(3) Receive approval of the public health impact assessment from
the Department.
B. A public health impact statement submitted to the Department
under this chapter shall include:
(1) An environmental assessment;
(2) A project overview; and
(3) An area overview.
C. An entity responsible for a qualified project that has
applied for funding or financing from the Department shall only be required to
submit the information required for the project overview and the area overview
to the extent that the information has not been provided to the Department in
its application and/or market study.
D. An environmental assessment under this chapter shall be
completed by a qualified environmental professional and shall include:
(1) An examination of the method of water supply and sewage
disposal for the project;
(2) A review of available documentation describing existing and
previous building uses and building materials used on the project site;
(3) Interviews with previous owners and/or occupants of the project
site to determine any prior use of the site;
(4) Interviews with owners and/or occupants of other properties
in the immediate area to determine historical neighboring land use and the
probability of contamination;
(5) An evaluation of the project site for pertinent
environmental issues, including:
(a) Foundation conditions;
(b) Man-made hazards;
(c) Stormwater runoff;
(d) Underground storage tanks; and
(e) Potential for hazards involving lead-based paint, radon gas,
mold, asbestos, and PCBs;
(6) An evaluation of any other potential health hazards on or in
close proximity to the project site;
(7) An evaluation of any environmental conditions particular to
the project site;
(8) An evaluation of the proximity of the project site to any
industrial facilities or other features that could potentially create a health
hazard; and
(9) An evaluation of any mitigation of potential hazards.
E. A project overview under this chapter shall include detailed
information regarding:
(1) The proposed design of the project;
(2) The number and type of housing units in the project;
(3) The number of housing units affordable to families at or
below 60 percent of the local area median income;
(4) The monthly rent for market-rate and affordable units in the
project;
(5) Amenities and other project details; and
(6) A summary of the zoning for the project site.
F. An area overview under this chapter shall include detailed
information regarding:
(1) The demographics of the area surrounding the project site,
including:
(a) Age;
(b) Race and ethnicity;
(c) Educational attainment;
(d) Financial status;
(e) Life expectancy;
(f) Infant mortality; and
(g) Population density;
(2) Proximity of the project site to highways and transit;
(3) Proximity of the project site to other local amenities; and
(4) Access of the project site to services including:
(a) Hospitals;
(b) Fire departments; and
(c) Schools, including institutions of higher education.
G. An entity responsible for a qualified project subject to this
chapter shall submit its public health impact assessment to the Department:
(1) For projects for which the entity has applied for funding or
financing through the Department:
(a) If applicable, as part of the Viability or
Viability/Commitment package submitted to the Department; or
(b) For tax credit-only projects, at least 90 days before
closing;
(2) For projects for which the entity has not applied for
funding or financing through the Department, at the time the density bonus is
requested via form available on the Department’s Multifamily Library web page.
.04 Evaluation of Public Health Impact Assessment by Department.
A. Upon receipt of a public health impact assessment under this
chapter, the Department shall:
(1) Review the public health impact assessment, including any
relevant information submitted by an entity responsible for a qualified project
as part of its initial application or Viability or Viability/Commitment
Package; and
(2) Make an initial determination as to the sufficiency of the
information provided in the public health impact statement.
B. If the Department determines that the information submitted
does not meet the requirements of Regulation .03 of this chapter or is
insufficient to make a final determination, it shall promptly:
(1) Notify the entity responsible for the qualified project;
(2) Provide the entity responsible for the qualified project
with documentation showing what additional information is requested; and
(3) Set a reasonable deadline for the submission of the
requested additional information.
C. If the Department determines that the information submitted
meets the requirements of Regulation .03 of this chapter, it shall make a
determination as to whether further environmental assessment is necessary as a
result of potential health hazards that have been identified.
D. The Department shall require a further environmental
assessment if:
(1) The initial environmental assessment indicates health
hazards on, or reasonably likely to affect, the project site; or
(2) The qualified project is a renovation project, unless the
environmental professional who completed the initial environmental assessment
has sufficiently demonstrated via written statement that a further
environmental assessment should not be provided.
E. If the Department determines that a further environmental
assessment is necessary, it shall:
(1) Promptly notify the entity responsible for the qualified
project;
(2) Provide the entity responsible for the qualified project
with documentation showing what additional information is requested, which may
include specialized studies or reviews of, as applicable, such as:
(a) Asbestos and lead paint samplings and testing;
(b) Site and record reviews of any underground storage tanks and
associated supply lines;
(c) Soil sampling and analysis;
(d) Groundwater or aquifer sampling;
(e) Testing for PCB contamination;
(f) In-depth investigation of neighboring properties;
(g) Radon testing; and
(h) Mold testing;
(3) Notify the Maryland Department of the Environment and
request that the Department of the Environment provide the entity responsible
for the qualified project with specific instructions on how to address or
mitigate any health hazards found; and
(4) Set a reasonable deadline for the submission of the
requested additional information.
F. Any further environmental assessment, if required by the
Department under this chapter, shall meet the requirements described in
Standard E1903-11 published by the American Society for Testing and Materials.
G. When the Department determines that an entity responsible for
a qualified project has sufficiently addressed or mitigated any health hazards
as determined by an environmental assessment performed under this chapter, the
Secretary or the Secretary’s designee shall certify so in writing.
H. When the Secretary or the Secretary’s designee has certified
in writing that there are no unmitigated health hazards that could reasonably
affect the project or its residents, the public health impact assessment is
considered approved and the qualified project may proceed to underwriting or
the density bonus application, as applicable.
JACOB DAY
Secretary of Housing and
Community Development
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.01 General
Authority: Natural Resources
Article, §4-1006.1, Annotated Code of Maryland
Notice of Proposed
Action
[24-122-P]
The Secretary of Natural
Resources proposes to amend Regulation .12
under COMAR 08.02.01 General.
Statement of Purpose
The
purpose of this action is to revise the Submerged Aquatic Vegetation Protection
Zones in order to correct two minor mistakes which have resulted in the proper
areas not being identified. In the drafting and adoption of the 2023 updates to
the Submerged Aquatic Vegetation Protection Zones, two coordinates were
misidentified. The Department discovered these errors when creating the maps of
these areas. In Worcester County, the wrong longitude was identified near Snug
Harbor and Sinepuxent Bay. This resulted in an area
that was entirely on land instead of in the water. In Calvert County, the
longitude of one of the coordinates near Drum Point was misidentified, leading
to areas on shore and in an adjacent creek being covered by an irregular shape.
The proposed action corrects a coordinate in both areas. By correcting these
two coordinates, the appropriate areas will be protected.
Estimate of Economic
Impact
The proposed action has no
economic impact.
Economic Impact on Small
Businesses
The proposed action has
minimal or no economic impact on small businesses.
Impact on Individuals
with Disabilities
The proposed action has no
impact on individuals with disabilities.
Opportunity for Public
Comment
Comments may be sent to
Submerged Aquatic Vegetation—Housekeeping, Regulatory Staff, Maryland
Department of Natural Resources, Fishing and Boating Services, 580 Taylor
Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to or submit
comment to
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#sav_housekeeping,
no fax. Comments will be accepted through December 2, 2024. A public hearing
has not been scheduled.
.12 Submerged Aquatic
Vegetation (SAV) Protection Zones.
A. (text unchanged)
B. Submerged Aquatic
Vegetation (SAV) Protection Zones.
(1)—(4) (text unchanged)
(5) Worcester County.
(a) (text unchanged)
(b) All of the waters of
Snug Harbor and Sinepuxent Bay enclosed by a line
beginning at a point at or near the shore south of Snug Harbor defined by Lat.
38°17.918' N, Long. 75° 07.415' W; then running approximately 67° True to a
point defined by Lat. 38°18.007' N, [Long.
75°07.418' W] Long. 75°07.148' W;
then running approximately 9° True to a point at or near the shore south of
Coffins Point defined by Lat. 38° 18.077' N, Long. 75° 07.134' W; then running
southwesterly along the shore to the point of beginning.
(c)—(o) (text unchanged)
(6) (text unchanged)
(7) Calvert County.
(a)—(j) (text unchanged)
(k) All of the waters of
Patuxent River enclosed by a line beginning at a point east of Ship Point
defined by Lat. 38°19.450' N, Long. 76°26.701' W; then running approximately
176° True to a point defined by Lat. 38°19.428' N, Long. 76°26.698' W; then running
approximately 83° True to a point defined by Lat. 38°19.478' N, and Long.
76°26.205' W; then running approximately 1° True to a point at or near the
southern shore of Drum Point defined by Lat. 38°19.512' N, [Long. 76°27.204' W] Long.
76°26.204' W; then running westerly along the shore to the point of
beginning.
(8)—(9) (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 25 MARYLAND HEALTH CARE
COMMISSION
10.25.10 Maryland Trauma
Physician Services Fund
Authority: Health-General Article, §§19-103c, 19-130 and 19-207,
Annotated Code of Maryland
Notice of Proposed Action
[24-145-P]
The Maryland Health Care Commission proposes to amend Regulations .01—.17
and .19 under COMAR 10.25.10 Maryland Trauma Physician Services Fund. This action was considered at an open meeting
held by the Commission on September 19, 2024.
Statement of Purpose
The purpose of this action is to conform the regulations with the
statutory changes from Senate Bill 1092/House Bill 1439 from the 2024
legislative session. These changes update the funding sources of the Trauma
Physician Services Fund, expand the application of the fund to include “health
care practitioners”, increase and add grant application funds to pediatric
trauma centers, and expand auditing capabilities to include grant applications.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
increases the contribution from the Maryland Motor Vehicle Registration fee and
adds a contribution from monetary penalties paid for driving while intoxicated
beginning July 1, 2024. The estimated fiscal impact would add a revenue of
about $19,000,000 in FY2025.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
(1) Maryland Health Care
Commission
|
(R+)
|
Indeterminate
|
|
(2) Maryland Health Care
Commission
|
(E-)
|
Indeterminate
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Hospitals
|
(+)
|
Indeterminate
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). The increased amount of $19,000,000 is assumed for dates
beginning on July 1, 2024, when the Maryland Motor Vehicle Registration fees
will increase biannually from $5.00 to $13.00. This will increase the revenue
from approximately $12M a year to $31.2M a year.
A(2). The increased amount of $19,00,000 is assumed based on
additional funds being contributed from 20% of the monetary penalties that are
collected for driving while under the influence. We do not currently have an
estimation on how much this will be due to the varying nature of those
penalties.
D. For Trauma Centers in Maryland that are eligible for
reimbursement from the fund, the amended regulations increase the rate for the
on-call expenses on Medicaid Economic Index (MEI) from 30% up to 60%. This will
increase the amount a hospital can be reimbursed from the Maryland Trauma
Physician Services Fund. The amended regulations allow eligible Trauma Centers
to now claim uncompensated care costs for health care practitioners. This will
also increase the amount a hospital can be reimbursed from the Maryland Trauma
Physician Services Fund.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jason Caplan, Chief, Special Projects,
Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or
call 410-764-3579, or email to Jason.caplan3@maryland.gov. Comments will be
accepted through December 2, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on January 16, 2025
at 1:00 pm, at 4160 Patterson Avenue, Baltimore, Maryland..
.01 Scope.
A. This chapter applies to trauma physicians, trauma health care
practitioners, and Maryland Institute for Emergency Medical Services
Systems designated trauma centers, [Maryland Trauma] Specialty
Referral Centers, and rehabilitation hospitals that are affiliated with
Maryland Institute for Emergency Medical Services Systems designated trauma
centers by common ownership, as defined in Health-General Article,
§19-130(a)(3) and (4), Annotated Code of Maryland, that provide trauma care.
B. Reimbursement.
(1) Trauma physicians or trauma health care practitioners
seeking reimbursement for uncompensated care provided to trauma patients shall
file a claim pursuant to this chapter to receive reimbursement from the
Maryland Trauma Physician Services Fund.
(2) Trauma physicians or trauma health care practitioners
seeking reimbursement for trauma care provided to trauma patients enrolled in
the Maryland Medical Assistance Program at the elevated rate shall comply with
special billing requirements pursuant to this chapter.
(3)—(4) (text unchanged)
(5) Trauma centers seeking trauma grants shall file an application
to receive a grant from this Fund in accordance with a process and
guidelines developed by the Maryland Health Care Commission.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(8) (text unchanged)
(9) "Medicaid differential" means the difference in
reimbursement between Medicare and Medicaid for trauma services provided by a
trauma physician or trauma health care practitioner to a Medicaid trauma
patient in a trauma center.
(10)—(14) (text unchanged)
(15) "Reasonable compensation [equivalent(RCE)] equivalent
(RCE)":
(a)—(b) (text unchanged)
(16) Service Period.
(a) (text unchanged)
(b) "Service period" includes a subsequent readmission or
outpatient visit to the trauma center, or trauma center-affiliated acute
care general hospital, for services that are directly related to the
initial trauma injury.
(c) “Service period” includes a subsequent admission or
outpatient visit to a trauma center-affiliated rehabilitation hospital, or
rehabilitation unit of a trauma center.
(17)—(18) (text unchanged)
(19) Trauma Center.
(a) "Trauma center" means a hospital designated by the
Maryland Institute for Emergency Medical Services [Systems(MIEMSS)] Systems
(MIEMSS) as:
(i)—(vi) (text unchanged)
(b) "Trauma center" includes [an out-of-State] a
pediatric trauma center that has entered into an agreement with MIEMSS.
(20) “Trauma health care practitioner” means a health care
practitioner licensed under the Health Occupations Article who provides care in
a trauma center-affiliated general acute care hospital or in a trauma
center-affiliated rehabilitation hospital during the service period to trauma
patients on the Maryland Trauma Registry as defined by the Maryland Institute
for Emergency Medical Services Systems (MIEMSS).
[(20)] (21) (text unchanged)
[(21)] (22) "Trauma physician" means
a physician who provides care in a trauma [services] center,
trauma center-affiliated general acute care hospital, or in a trauma
center-affiliated rehabilitation hospital during the service period to a
trauma patient on the Maryland Trauma Registry as defined by the Maryland
Institute for Emergency Medical Services [Systems(MIEMSS)] Systems
(MIEMSS).
[(22)] (23) "Trauma services" means
trauma care provided to a trauma patient in a trauma center, [trauma-center-affiliated]
trauma center-affiliated general acute care hospital, trauma
center-affiliated rehabilitation hospital, or rehabilitation unit of a
trauma center.
[(23)] (24) "Uncompensated care"
means trauma services provided by a trauma physician or trauma health care
practitioner to a trauma patient on the Maryland Trauma Registry who:
(a)—(c) (text unchanged)
(d) Has not paid the full Medicare reimbursement for the trauma
care received, even after documented attempts by the trauma physician or
trauma health care practitioner to obtain payment.
[(24)] (25)— [(25)] (26)
(text unchanged)
.03 Fund Administration.
A. (text unchanged)
B. The purpose of the Fund is to subsidize the documented costs:
(1) Of uncompensated care incurred by a trauma physician or
trauma health care practitioner in providing trauma services to a trauma
patient on the Maryland Trauma Registry;
(2) Of undercompensated care incurred by a trauma physician or
trauma health care practitioner in providing trauma services to an enrollee
of the Medicaid Program who is a trauma patient on the Maryland Trauma
Registry;
(3) (text unchanged)
(4) Incurred by a trauma center to maintain [trauma] patient
education, equipment [or], services, systems, and
training as required by MIEMSS, for trauma-related care and not otherwise
reimbursed; and
(5) (text unchanged)
C.—D. (text unchanged)
.04 Source of Fund Revenue.
A. The Fund consists of motor vehicle registration surcharges paid
into the Fund in accordance with Transportation Article, §§13-954(b),
and 21-902, Annotated Code of Maryland, and regulations promulgated under
that authority[.], and any other money transferred from the
General Fund of the State.
B. The Commission shall make reimbursement from the Fund for:
(1)—(4) (text unchanged)
(5) [Trauma equipment; and] Grants that may cover
costs of trauma centers for trauma related expenses, including physician
standby, patient education, equipment, services, systems, training, and other
MIEMSS-required incremental trauma costs not otherwise reimbursed; and
(6) The Commission's administrative expenses[.] including:
(a) The adjudication of
uncompensated trauma claims;
(b) The audit of providers receiving uncompensated care trauma
payments, Medicaid trauma payments, and on-call payments;
(c) The audit of managed care organizations payments to trauma
physicians and trauma health care practitioners;
(d) Enhancements of the MIEMSS Trauma Registry; and
(e) Commission personnel costs associated with administering the
Fund.
.05 Who May Request Payment.
A. A trauma physician or trauma health care practitioner as
defined in Regulation .02 of this chapter may request payment under this
chapter.
B. Medicaid and Uncompensated Care Reimbursement.
(1) Trauma [Physician] Practitioner Services.
A faculty practice plan, a physician practice, a trauma center on behalf of the
trauma physician or trauma health care practitioner, or an individual
trauma physician or individual health care practitioner
allowed to bill Medicaid may submit requests for payment for trauma
services provided to a Medicaid trauma patient or for uncompensated care trauma
services if:
(a) (text unchanged)
(b) The [physician] practitioner meets the
definition of a trauma physician or trauma health care practitioner
under Regulation .02 of this chapter.
(2) (text unchanged)
C. On-Call Payments. The following trauma centers may apply for
on-call payments:
(1)—(2) (text unchanged)
(3) The [Maryland Trauma] Specialty Referral Centers.
D. (text unchanged)
.06 Payments for Medicaid Trauma Patients.
A. A trauma physician or trauma health care practitioner:
(1) Is eligible for payment from the Fund for trauma services
provided to a Medicaid trauma patient on the Maryland Trauma Registry on or
after July 1, [2006] 2024; and
(2) (text unchanged)
B. A trauma physician or trauma health care practitioner
providing trauma services to a Medicaid trauma patient during the service
period shall be reimbursed at the greater of:
(1)—(2) (text unchanged)
C. (text unchanged)
D. An organization billing on behalf of trauma physicians or
trauma health care practitioners eligible for Medicaid differential
payments shall designate a trauma service by using the appropriate code in the
CPT Modifier field on the electronic claim or on the paper CMS 1500 in
accordance with Medicaid claims submission requirements.
E.—F. (text unchanged)
G. The Fund shall transfer to the Maryland Department of Health [than]
an amount sufficient to fully cover the State's share of expenditures
for Medicaid differential payments for that fiscal year.
.07 Payments for Uncompensated Care Patients.
A. A trauma physician or trauma health care practitioner:
(1) Is eligible for payment from the Fund for trauma services
provided to uncompensated trauma care patients with an admission date on the
Maryland Trauma Registry beginning on or after July 1, [2006] 2024;
and
(2) (text unchanged)
B. The cost of uncompensated care incurred by a trauma physician or
trauma health care practitioner in providing trauma care to a trauma
patient as defined in this chapter shall be reimbursed at a rate of up to 100
percent of the current Medicare facility-based payment for a service in the
Baltimore carrier locality area, less any amount for trauma physician or
trauma health care practitioner services paid by the patient or other
third-party payors including, but not limited to, auto insurance, criminal injuries
compensation fund, attorneys, or collection agencies, as reported to the Fund
on the uncompensated services claim.
C. An organization billing on behalf of trauma physicians or
trauma health care practitioners eligible for uncompensated care payments
shall:
(1)—(2) (text unchanged)
D.—E. (text unchanged)
F. The uncompensated services claim shall:
(1)—(2) (text unchanged)
(3) Exclude noncovered services that the trauma physician or
trauma health care practitioner provided to trauma patients covered by
health insurance; [and]
(4) Exclude services for trauma patients covered by health
insurance for which the trauma physician or trauma health care
practitioner failed to comply with the insurer's coverage rules or claim
filing requirements[.]; and
(5) Have a date of service on the claim not older than 5 years.
G. Uncompensated care services are eligible for reimbursement from
the Fund only after a faculty practice plan, a physician [practice plan,]
practice, a trauma center on behalf of a trauma physician or trauma
health care practitioner, [or] an individual trauma physician
or an individual trauma health care practitioner has completed its
collection efforts using the respective entity's documented policies and
procedures.
H. Order of Preference.
(1) To minimize administrative costs in administering the Fund, the
order of preference for the entity submitting an uncompensated services claim
is as follows:
(a)—(b) (text unchanged)
(c) Trauma physician[.];
(d) Individual trauma health care practitioner.
(2) (text unchanged)
I. A trauma patient treated at an out-of-State pediatric trauma
center that has entered into an agreement with MIEMSS shall be a Maryland
resident in order for the trauma physician or trauma health care
practitioner to file an uncompensated services application for an
uncompensated care shortfall payment. The determination of whether a trauma
patient is a Maryland resident shall be based on the trauma patient's
demographic information as listed on the Maryland Trauma Registry.
J. The uncompensated services claim shall contain the following
information:
(1) The name and federal tax identification number of the trauma
physician or trauma health care practitioner rendering the care;
(2)—(10) (text unchanged)
K. The Commission, in consultation with the Health Services Cost
Review Commission, may establish a payment rate for uncompensated care incurred
by a trauma physician or trauma health care practitioner in providing
trauma care to trauma patients that is above the 100 percent of Medicare
payment for the service if:
(1)—(4) (text unchanged)
.08 On-Call Payment.
A. Eligibility. The Fund will reimburse trauma centers' on-call
costs to maintain surgeons on-call in conformance with MIEMSS' regulations at
COMAR 30.08.05—30.08.14 for the minimum number of trauma physicians required to
be on-call. Trauma centers are eligible for on-call payments as follows:
(1) The Level I trauma center and pediatric trauma center are
eligible for on-call payments for on-call hours provided by trauma specialties
designated in §B of this regulation on or after July 1, [2008] 2024;
(2)—(3) (text unchanged)
(4) [Maryland Trauma] Specialty Referral Centers are
eligible for on-call payments for on-call hours provided by trauma specialties
designated in §E of this regulation on or after July 1, [2008] 2024.
B. To determine the amount of on-call payments to a Level I trauma
center or pediatric trauma center from the Fund, the following apply:
(1) The cost incurred by a Level I trauma center or pediatric
trauma center to maintain trauma surgeons, pediatric trauma surgeons,
neurosurgeons, and orthopedic surgeons on-call when a post-graduate
resident, who meets MIEMMS’ requirements under COMAR 30.08.05.07, is attending
shall be reimbursed at the lesser of a trauma center's actual on-call costs, or
up to [30] 60 percent of the reasonable compensation
equivalent's hourly rate for the specialty, inflated to the current year by the
physician compensation component of the Medicare Economic Index as designated
by the Centers for Medicare and Medicaid Services;
(2) A Level I trauma center shall be eligible for a maximum 4,380
on-call hours each fiscal year beginning July 1, [2008] 2024;
and
(3) A pediatric trauma center shall be eligible for a maximum 4,380
on-call hours each fiscal year beginning July 1, [2008] 2024.
C. To determine the amount of on-call payments to a Level II trauma
center from the Fund, the following apply:
(1) The cost incurred by a Level II trauma center to maintain
trauma surgeons, neurosurgeons, and orthopedic surgeons on-call shall be
reimbursed at the lesser of a trauma center's actual on-call costs or up to [30]
60 percent of the reasonable compensation equivalent's hourly rate for
the specialty, inflated to the current year by the physician compensation
component of the Medicare Economic Index as designated by the Centers for
Medicare and Medicaid Services; and
(2) A Level II trauma center shall be eligible for a maximum [24,500]
26,280 on-call hours each fiscal year beginning July 1, [2006]
2024.
D. To determine the amount of on-call payments to a Level III
trauma center from the Fund, the following apply:
(1) The cost incurred by a Level III trauma center to maintain
anesthesiologists, neurosurgeons, orthopedic surgeons, and trauma surgeons
on-call shall be reimbursed at the lesser of a trauma center's actual on-call
costs or up to [35] 60 percent of the reasonable
compensation equivalents hourly rate for the specialty, inflated to the current
year by the physician compensation component of the Medicare Economic Index as
designated by the Centers for Medicare and Medicaid Services;
(2) A Level III trauma center shall be eligible for a maximum
35,040 on-call hours each fiscal year beginning July 1, [2006] 2024.
E. To determine the amount of on-call payments to a [Maryland]
Specialty Referral Center from the Fund, the following apply:
(1) The cost incurred by a [Maryland Trauma]
Specialty Referral Center to maintain trauma surgeons on-call for the Johns
Hopkins Health System Burn Program shall be reimbursed at the lesser of the
trauma center's actual on-call costs or up to [30] 60
percent of the reasonable compensation equivalent's hourly rate for the
specialty, inflated to the current year by the physician compensation component
of the Medicare Economic Index as designated by the Centers for Medicare and
Medicaid Services;
(2) The cost incurred by a [Maryland Trauma]
Specialty Referral Center to maintain trauma surgeons on-call for the Eye
Trauma Center at the Wilmer Eye Institute at The Johns Hopkins Hospital, the
cost incurred to maintain ophthalmologists on-call shall be reimbursed at the
lesser of the trauma center's actual on-call costs or up to [30] 60
percent of the reasonable compensation equivalent's hourly rate for the
specialty, inflated to the current year by the physician compensation component
of the Medicare Economic Index as designated by the Centers for Medicare and
Medicaid Services;
(3) The cost incurred by a [Maryland Trauma]
Specialty Referral Center to maintain trauma surgeons on-call for the Curtis
National Hand Center at Union Memorial Hospital, shall be reimbursed at the
lesser of the trauma center's actual on-call costs or up to [30] 60
percent of the reasonable compensation equivalent's hourly rate for the
specialty, inflated to the current year by the physician compensation component
of the Medicare Economic Index as designated by the Centers for Medicare and
Medicaid Services; and
(4) A [Maryland] Specialty Referral Center trauma
center shall be eligible for a maximum 2,190 hours of trauma on-call per fiscal
year, beginning July 1, [2008] 2024.
F. (text unchanged)
G. The on-call services application shall list on-call costs paid
to trauma physicians at the trauma center during the reporting cycle. The
on-call services application shall contain [at least] the
following information:
(1)—(3) (text unchanged)
(4) The amount of time available on-call for each physician; [and]
(5) The amount paid in on-call stipends to each physician[.];
and
(6) Any other information required by the Commission to validate
the claim.
H. The Commission may increase the hours and percent of RCE
specified in this regulation in accordance with Health General § 19-130,
Annotated Code of Maryland.
.09 Payment for [Standby] Costs at [an Out-of-State] a
Pediatric Center.
A. [An out-of-State] The pediatric trauma [center
that has entered into an agreement with the Maryland Institute for Emergency
Medical Services Systems] centers listed below shall be eligible
for an annual grant of up to [$590,000] $900,000 for [standby]
documented expenses related to the provision of trauma care to Maryland
residents[.]:
(1) Johns Hopkins Children’s Center; and
(2) Children’s National Medical Center.
B. [An out-of-State pediatric] Pediatric
trauma [center] centers shall submit an application for [standby]
documented expenses incurred in the previous fiscal year using
guidelines developed by the Health Services Cost Review Commission.
C. The [out-of-State] pediatric trauma center shall
submit the [standby] application for [the] its previous
fiscal year to the Commission [by August 15 of each] within 45
days after the end of that fiscal year.
.10 Trauma [Equipment] Grants.
A. Eligibility.
(1) The Commission, in consultation with the Health Services Cost
Review Commission and the Maryland Institute for Emergency Medical Services
Systems, shall develop a process for the award of grants to Level I,
Level II and Level III trauma centers [in the State] to be used [for
equipment primarily used] in the delivery of trauma care.
(2) (text unchanged)
B. (text unchanged)
C. The total amount of grants awarded in a fiscal year may not [exceed
10 percent of] reduce the balance remaining in the Fund at the
end of the fiscal year [immediately prior to the] to less than
15 percent of the revenue collected in that fiscal year [in which
grants are awarded].
D. (text unchanged)
.11 Equitable Payment Under the Fund.
A. (text unchanged)
B. The Commission shall adjust reimbursement formulas used for
Medicaid trauma services, uncompensated care trauma services, on-call payments,
and standby payments to [an out-of-State] a pediatric
trauma center to preserve the distribution of monies in the Fund.
C. Revenue; Payments.
(1) (text unchanged)
(2) If expected revenue in the Fund is insufficient to meet
expected payments, the Medicaid differential payments, uncompensated care
shortfall payments, trauma center on-call payments, and standby payments to [an
out-of-State] a pediatric trauma center shall be adjusted by the
same rate to maintain solvency in the Fund.
(3)—(4) (text unchanged)
D. (text unchanged)
.12 Filing of On-call Applications and Uncompensated Care Claims.
A. In order to receive a payment from the Fund for uncompensated
care, a faculty practice plan, a physician [practice plan,] practice,
a trauma physician, a trauma health care practitioner, or a
trauma center on behalf of a trauma physician or trauma health care
practitioner shall submit a timely and complete [on-call services
application or an] uncompensated services claim that includes the
information required in this [regulation] chapter on a
form and in a manner approved by the Commission as indicated in the
application.
B. In order to receive a payment from the Fund for on-call
costs, a faculty practice plan, a physician practice, a trauma physician, or a
trauma center on behalf of a trauma physician, shall submit a timely and
complete on-call services application that includes the information required in
this chapter on a form and in a manner approved by the Commission as indicated
in the application.
[B.] C.—[C.] D. (text
unchanged)
.13 Audits.
A. The Commission, or its designee, may audit to verify the
information submitted by faculty practice plans, physician [practice
plans,] practices, trauma physicians, trauma health care
practitioners, and trauma centers applying for grants or reimbursement
from the Fund.
B. (text unchanged)
C. A person who has submitted an application for a grant or
reimbursement from the Fund shall provide the Commission, or its designee, with
access to all information, documents, and facilities requested by the
Commission, or its designee, for purposes of auditing the person’s application.
[C.] D. (text unchanged)
.14 Appeals.
A. The Commission's executive director, or designee, shall review
any appeal from an audit finding, a denial, or partial denial, of an
uncompensated care shortfall payment, [or] an on-call payment[.]
or grant award.
B. (text unchanged)
C. In reviewing an audit finding, a denial, or a partial denial, of
an uncompensated care shortfall payment, [or] on-call
payment or grant award, the executive director, or designee, shall
consider all relevant factors and render a decision upon the written
information, without an oral hearing, in a timely fashion. The executive
director, or designee, may seek and consider further information from the
applicant or supplementation of the application, if necessary or appropriate.
.15 Annual Reconciliation Reporting Requirements.
A. On or before January 31 of each year, a trauma physician or
trauma health care practitioner who [have] has
received uncompensated care reimbursement from the Fund during the prior
calendar year shall file an annual reconciliation report with the Commission.
B. The annual reconciliation report shall include:
(1) The name, address, and telephone number of the [physician]
practitioner, practice, or center;
(2) The name, address, and telephone number of the [physician]
practitioner, practice, or center's contact person for the report;
(3) (text unchanged)
(4) The amount of money recovered from another payer source for
claims that had been reimbursed by the Fund, including:
(a) The [physician's] practitioner’s name
providing the care;
(b)—(e) (text unchanged)
(5) A certification by an authorized designee of the [physician]
practitioner, practice, or center that the facts stated in the annual
reconciliation report are true and accurate.
.16 Prohibited Acts.
A. (text unchanged)
B. Violation of §A of this regulation may result in:
(1) Referral to the appropriate Medicaid fraud administrative and
prosecutorial authorities, to the Office of the State's Attorney, or both; [and]
(2)—(3) (text unchanged)
.17 Reporting Requirements to the General Assembly.
On or before November 1 of each year, the Commission and the HSCRC
shall report to the General Assembly in accordance with Health-General
Article, §19-130(f) and State Government Article, §2-1246, Annotated Code
of [Maryland, on:
A. The amount of money in the Fund on the last day of the previous
fiscal year;
B. The amount of payments applied for by trauma physicians and
trauma centers during the previous fiscal year;
C. The amount of money distributed in the form of trauma physician
and trauma center disbursements during the previous fiscal year;
D. Any recommendations for altering the manner in which trauma
physicians and trauma centers are reimbursed from the Fund;
E. The costs incurred in administering the Fund during the previous
fiscal year; and
F. The physician and facility costs of each trauma center and the
amount that each trauma center contributes toward these costs.] Maryland.
.19 Effective Date.
Trauma services provided by a trauma [physician] health
care practitioner to a trauma patient on or after July 1, [2008]
2024, are eligible for reimbursement pursuant to the provisions set
forth in this chapter.
RANDOLPH S. SERGENT, ESQ.
Chair Maryland Health
Care Commission
Title 13A
STATE BOARD OF EDUCATION
Subtitle 14 CHILD AND FAMILY DAY CARE
13A.14.15 Outdoor,
Nature-Based Child Care License Pilot Program
Authority: Education Article, §§2-205 and 9.5-1101—9.5-1104,
Annotated Code of Maryland
Notice of Proposed Action
[24-129-P]
The State Board of Education proposes to adopt new Regulations .01—.09
under new chapter, COMAR 13A.14.15 Outdoor, Nature-Based Child Care License
Pilot Program. This action was
considered by the State Board of Education at their June 25, 2024 meeting.
Statement of Purpose
The purpose of this action is to establish a pilot license program
for outdoor child care in response to Education Article, §9.5-1102, Annotated
Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed new chapter,
COMAR 13A.14.15 Outdoor, Nature-Based Child Care License Pilot Program will
allow child care providers the option to operate a licensed outdoor early care
and education program year-round and for a full-day. The proposed regulations,
which used COMAR 13A.16 Child Care Centers for the foundational component, also
set forth minimum standards, as well as require comprehensive policies and
procedures to be submitted with the pilot application. The economic impact of the proposed new chapter
may include added costs to MSDE for the time required to not only inspect the
proposed outdoor site, but to process the applications, which may be a little
more extensive in comparison to the time it takes to approve current child care
(indoor) programs. Moreover, MSDE will need to bear the costs associated with
training licensing staff so they can provide adequate technical assistance (TA)
to Outdoor Nature-Based (ONB) Programs.
Applicants who choose to pursue ONB programs may have to incur
uncommon costs associated with participating in the pilot, such as land use
agreements, high-risk insurance coverage (for both employees and the children
in care) and the need for more suitable/sustainable materials and supplies to
ensure the safety of the children in care as it pertains to be outside full
day, while enduring the elements. Consequently, applicants seeking approval for
licensed ONB programs may need to charge parents extra fees and/or an increased
tuition than most programs, in order to maintain and replace the materials and
supplies ever so often, due to the increased possibility of wear and tear
because of the elements. ONB programs will also be required to keep an ample
supply of materials onsite, just in case a child in care should need them
unexpectedly. In addition, all applicants will be required to complete specific
Outdoor Nature-Based (ONB) program training.
Furthermore, there may be an increased economic impact on other
State agencies that will need to approve applicants seeking approvals for ONB
programs, prior to obtaining overall approvals from MSDE.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland State
Department of Education
|
(E+)
|
$14,500
|
|
B. On other State agencies:
|
|
|
|
Unknown
|
(E+)
|
Unknown
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Outdoor Nature Based
Programs
|
(+)
|
Unknown
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
|
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Cost for licensing staff.
B. Joint Approvals. Other
State agencies that may be impacted are unknown at this time because this is
pilot program.
D. Unknown.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Due to the unknown costs that will be associated with the initial
operation of an ONB pilot program, in addition to the requirements and
stipulations set forth from MSDE, the most likely applicants for the pilot will
be small businesses that are currently operating some form of ONB program or
would like to expand into this space. Given the limitations on child capacity
(12 children in care), business growth is necessarily constrained during the
pilot years, and smaller capacity programs often experience more financial
hardship when it pertains to meeting and maintaining operational
requirements.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Although ONB programs are required to cater to all individuals, a
staff member or child with special needs may need to obtain adaptive outdoor
recreational equipment/mobility devices to navigate the outdoor elements and
off-road terrain, which could be costly.
Opportunity for Public Comment
Comments may be sent to Keisha Maxwell, Administrator of Policy
and Special Projects, Division of Early Childhood, Maryland State Department of
Education, 200 West Baltimore Street, Baltimore, MD 21201, or call
410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will
be accepted through December 2, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on January 28, 2025 at 9:00
a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Purpose.
The purpose of the Outdoor, Nature-Based Child Care License
Pilot Program is to license outdoor, nature-based early learning and child care
programs to expand access to affordable, high-quality early learning and child
care programs and investigate the benefits of outdoor, nature-based child care
and learning environments.
.02 Authority.
The Outdoor, Nature-Based Child Care License Pilot Program is
under the authority and supervision of the Department and shall operate for 4 years,
beginning in the 2024—2025 school year.
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Department” means the Maryland State Department of
Education.
(2) “Hazard” means a source of harm that:
(a) Is not obvious to the child because the potential for injury
is hidden; or
(b) Is obvious to the child but is greater than a child can
manage to avoid.
(3) “Office” means the Office of Child Care within the
Department.
(4) “Operator” means an individual or entity that establishes a
pilot under the Program.
(5) “Pilot” means an early learning or child care program:
(a) That is primarily operated outdoors; and
(b) In which children are enrolled on a regular basis for 3 or
more hours per day.
(6) “Program” means the Outdoor, Nature-Based Child Care License
Pilot Program.
(7) “Risk benefit assessment" means a process used to
identify and document hazards and risky play elements associated with childhood
outdoor play and make plans to mitigate the risk of injury to children while
maintaining developmental benefits for children.
(8) “Risky play” means physical activity and play that is
challenging and involves risk of physical injury or getting lost.
.04 Application.
Each pilot applicant shall submit:
A. An application on a
Department approved form;
B. Any variances requested under Regulation
.07 of this chapter;
C. Comprehensive policies
and procedures for each of the program requirements set forth in Regulation .08
of this chapter;
and
D. Any additional
documents required by the Department to ensure the health, safety, and welfare
of children in care.
.05 Considerations for Approval.
When considering whether to approve a pilot under this chapter,
the Department:
A. Shall give priority to:
(1) Existing outdoor, nature-based early learning and child care
programs that are licensed as camps by the Maryland Department of Health; and
(2) Existing licensed child care centers or registered family
child care homes that participate in the Maryland EXCELS Program and are
seeking to expand into outdoor, nature-based early learning;
B. Shall, to the extent practicable, select a mix of rural,
urban, and suburban programs; and
C. May give priority to:
(1) Areas where there are few or limited licensed early child
care programs; and
(2) Areas of need where licensed early child care programs are
at or near full capacity, and where access may be restricted by enrollment
waitlists.
.06 Approval.
A. Upon receiving a completed application under Regulation .04
of this chapter and all documentation required by law or regulation, the office
shall determine compliance with the requirements of this chapter by:
(1) Evaluating the
application and required documentation; and
(2) Inspecting the
setting proposed to be used
for the pilot.
B. Except as specified at §C of this regulation, the office
shall, within 60 days after completing the procedures in §A of this regulation:
(1) Issue the pilot a license;
(2) Issue the pilot a license with provisional status; or
(3) Deny the pilot a license.
C. The office may not issue the pilot a license until child care
staff, sufficient in number to meet approved staff/child ratio and group size
requirements as they apply to the requested child capacity, have successfully
passed federal and State criminal background checks and a review of child and
adult abuse and neglect records.
.07 Operator Qualifications.
A.
Except as provided in §D of this regulation, the operator of a pilot shall
comply with the requirements for a child care center set forth in COMAR
13A.16.
B. A pilot that seeks
to operate an educational program shall comply with the educational program
requirements of COMAR 13A.16.16.
C. An operator may not
operate more than one pilot.
D. Variances. An
operator shall specify in the application submitted under Regulation .04 of
this chapter any regulations for which the operator seeks a variance to operate
the pilot pursuant to COMAR 13A.16.03.08.
.08 Program Requirements.
A. In addition to the applicable requirements set forth in COMAR
13A.16, the pilot shall meet the requirements of this regulation.
B. Capacity.
(1) Notwithstanding any other provision under COMAR 13A.16, the
maximum total capacity of the pilot may not exceed 12 children at any one time.
(2) The office shall determine the capacity of the pilot based
on:
(a) An assessment of the hazards or risks present in the pilot’s
location;
(b) The ability of staff to visually account for children in
care;
(c) The square footage of natural space per child; and
(d) Applicable zoning, health, safety, and environmental
standards or codes of the state and local jurisdiction in which the pilot is
located.
(3) The pilot shall limit the total number of children in care
at one time to the capacity approved by the office.
C. Minimum Age
Requirement. A pilot shall enroll only children who are 3 years old or older.
D. Minimum Staff
Requirements. Notwithstanding any other provision under COMAR 13A.16, a pilot
shall staff the program at all times with two child care teachers.
(1) The pilot shall staff the program at all times with one
child care teacher who:
(a) Meets the requirements of COMAR 13A.16.06.09A—B;
(b) Holds a current certificate indicating successful completion
of wilderness first aid training that includes cardiopulmonary resuscitation
(CPR) training through the American Red Cross or a program with equivalent
standards; and
(c) Has completed
36-clock hours of training in an outdoor, nature-based teacher certification
course or program approved by the Department.
(2) If the second child care teacher has not met the
requirements of §D(1) of this regulation, the individual is eligible for
employment as a child care teacher in the pilot program if the individual:
(a) Meets the requirements of COMAR 13A.16.06.09-01;
(b) Is enrolled in a wilderness first aid training that includes
cardiopulmonary resuscitation (CPR) training through the American Red Cross, or
a program with equivalent standards; and
(c) Is enrolled in 36-clock hours of training in an outdoor,
nature-based teacher certification course or program approved by the
Department.
E. Staff Professional Development. Six of the 12 hours of the
continuing professional development required by COMAR 13A.16.06.09C shall be
related to outdoor, nature-based early learning and child care.
F. Location.
(1) A pilot shall:
(a) Have a permanently located child care and learning
environment; or
(b) Be a roaming program, where resources are brought to the
program each day.
(2) If the operator of the pilot does not own the land on which
the pilot program is located, the pilot shall enter into a land use agreement
with the property owner permitting the pilot’s operation.
(3) A pilot shall comply with all applicable zoning, health,
safety, and environmental standards or codes of the State and local
jurisdiction in which the pilot is located.
(4) Prior to the arrival of any children, a pilot shall conduct
and maintain a log of a daily visual inspection of the areas of the pilot that
will be used that day.
(5) A pilot shall have a method of removing or mitigating any
hazards discovered in the inspected areas such as but not limited to:
(a) Overhead branches;
(b) Hazardous materials or devices;
(c) Wildlife or wildlife droppings; or
(d) Other items that threaten the health, safety, or well-being
of children.
G. Square Footage. The pilot shall:
(1) Have access to at least 4,000 square feet of natural space;
and
(2) Within the 4,000 square feet of natural space, identify at
least 75 square feet per child accessing the space, at any given time that is
suitable for vigorous and active play and gross motor activity.
H. Communication System. A pilot shall maintain a communication
system that enables staff to communicate at all times with:
(1) Other staff;
(2) Emergency services, including 911 and poison control;
(3) The Department; and
(4) Parents and guardians.
I. Bathroom Use.
(1) The pilot shall ensure that there is adequate supervision of
all children when staff or children are using the toilet.
(2) A pilot shall provide one of the following options for
children and staff to meet their toileting needs:
(a) A portable chemical toilet designated for use by the pilot
that is:
(i)
Nontoxic and formaldehyde-free;
(ii) Emptied regularly as needed; and
(iii) Cleaned at least once a day and more often if needed;
(b) A toilet facility in a public park, nature center, or public
facility if:
(i) Staff check the bathrooms for
cleanliness and safety prior to each child’s use; and
(ii) The pilot provides additional supplies as needed including
toilette paper, paper towels, and fragrance free soap.
(c) If no other toilet options are available, backcountry
toileting that complies with:
(i) The rules of the land use
agreement with the landowner;
(ii) All applicable state and local health, environmental, and
zoning standards; and
(iii) Leave no trace standards requiring the deposit of solid
human waste in catholes dug 6 – 8 inches deep at least 200 feet from water, pilot usable
play space, and trails.
J. Diapering.
(1) A pilot shall have a diapering area that:
(a) Is separate from areas where food is stored, prepared, or
served;
(b) Is separate from where children play or eat;
(c) Has an approved handwashing method readily available; and
(d) Has a sturdy surface or mat that:
(i) Is not torn or repaired with tape;
(ii) Is washable;
(iii) Has a moisture resistant surface that is able to be
cleaned and sanitized; and
(iv) Is large enough to prevent the area under the diaper
changing area from being contaminated with bodily fluids.
(2) A pilot may not leave children unattended on a diaper
changing surface or mat during the diaper changing process.
(3) A pilot shall have and follow each step described in a
diaper changing procedure to ensure diaper changing and disposal practices
prevent cross-contamination.
(4) A pilot shall prevent the viewing by members of the public
of a partially or fully undressed child during diaper changes.
K. Safe Water Sources.
(1) A pilot without access to hot or cold running water shall
provide sufficient potable water from an approved source for drinking, food
preparation, handwashing, dishwashing, and sanitizing.
(2) A pilot shall offer drinking water multiple times throughout
the day and be always readily available to children.
L. Rest Areas and Furnishings.
(1) A pilot shall provide an approved and adequate area for
children to rest;
(2) The floor of the rest area shall be lined with a tarp made
of waterproof material that can be cleaned and sanitized.
(3) A pilot shall provide an age and developmentally appropriate
mat for each child to use that is:
(a) At a minimum, one
inch thick;
(b) Inspected daily
before use to ensure that the mat is in good condition and free of:
(i)
Tears;
(ii) Holes,
(iii) Repairs;
(iv) Mold or mildew; and
(v) Vermin, insect, or
other infestation.
(c) Cleaned, sanitized, and air dried at least once per week or
more often as needed if used by only one child, or after each use if used by
more than one child; and
(d) Stored so sleeping surfaces are not touching each other
unless cleaned and sanitized after each use.
(4) The mats shall be arranged so there is at least 18 inches on
each side to reduce germ exposure and to allow staff access to each child
during sleep time;
(5) Each child shall have the following bedding:
(a) A clean sheet or
blanket to cover the sleeping surface and a clean blanket to cover the child
that is suitable given the child’s size and outdoor temperature; or
(b) A sleeping bag
suitable for outdoor temperatures.
(6) All bedding shall:
(a) Be laundered at least once per week or more often as needed;
and
(b) Stored separately from bedding used by another child unless
it is cleaned and sanitized after each use.
(7) The pilot shall use a tarp overhead made of waterproof
material to protect resting children from the sun, rain, or other
elements.
M. Food Storage. A pilot
shall:
(1) Have approved, clean,
and sanitary food preparation and eating areas; and
(2) Maintain food at safe
temperatures, as defined in COMAR 10.15.03, during storage, preparation, and
transportation.
N. Medication. A pilot shall:
(1) Require safe
medication storage;
(2) Require reasonable
accommodations for giving medication; and
(3) Maintain all required
medication documentation and forms.
O. Outdoor Clothing and Equipment. A pilot shall provide
families with a list of all clothing and equipment necessary to ensure all
children:
(1) Are dressed for weather conditions during outdoor program
time; and
(2) Have extra clothing to meet children’s safety and comfort
throughout the day.
P. Safe Operating Temperatures. The pilot program shall not
operate on any day when the MSDE Child Care Weather Watch chart posted on the
MSDE website is:
(1) In the red zone for the Heat Index Chart; or
(2) In the yellow or red zone for the Wind-Chill Factor
Chart.
Q. Sheltering During Inclement Weather. A pilot shall take
appropriate action to protect the health, safety, and welfare of the children
and shall have:
(1) Plans to relocate or seek shelter in any alternative
locations during inclement weather conditions and other possible hazards
including but not limited to:
(a) Earthquake;
(b) Lightning storm, tornado, hurricane, or flooding;
(c) Air quality emergency ordered by a public safety authority;
(d) Lockdown notification ordered by a public safety authority;
or
(e) Other similar incidents.
(2) Plans for days when the MSDE Child Care Weather Watch chart
posted on the MSDE website is in the yellow zones for the Heat Index Chart.
R. Accommodations. A pilot shall provide reasonable
accommodations for children with disabilities or special health care needs.
S. Child Safety.
(1) A pilot shall use developmentally and age appropriate
practices to teach children about:
(a) Boundaries;
(b) Self-regulation for outdoor and risky play; and
(c) Encountering members of the public not affiliated with the
pilot.
(2) If a child goes missing, the pilot shall implement the steps
of the emergency and safety plan required by COMAR 13A.16.10.01, including but
not limited to:
(a) Immediately notifying 911 to summon fire, police, and rescue
services;
(b) Immediately notifying the parent or guardian of any lost or
missing child;
(c) Notifying child protective services as soon as practicable;
and
(d) Notifying the Department as soon as practicable.
T. Risky Play. The risk benefit assessment shall:
(1) Be submitted to the office on the approved form provided by
the Department; and
(2) Identify:
(a) The types of risk present at the site or sites, including
all hazards, that will be used by the pilot on a regular basis and explain how
risks may change throughout the different seasons of the year; and
(b) The potential benefits to children and the likelihood and
severity of potential injury, and methods of mitigating hazards for risky play
activities, including, but not limited to the following:
(i) Climbing natural features;
(ii) Water activities or supervision near bodies of water;
(iii) Using sharp tools;
(iv) Plant foraging;
(v) Pilot program pets;
(vi) Foraging or egg collection and consumption; and
(vii) Activities near cliffs, steep slopes, or other natural
features or hazards.
U. Campfire Activity Supervision and Safety.
(1) A pilot shall have written permission from the landowner and
any necessary permits before engaging in any campfire activities.
(2) A pilot shall have a signed and dated written permission for
campfire activities from each child's parent or guardian in the form of a fire
hazard waiver. There may not be any campfire activities if the pilot does not
have a fire hazard waiver for each child in attendance on that day.
(3) A pilot shall train staff in the safe fire practices
provided by the U.S. Forest Service and in this regulation.
(4) A pilot shall ensure that all staff:
(a) Are able to properly build and extinguish a fire;
(b) Are properly trained in how to use an ABC fire extinguisher;
and
(c) Are prepared to smother a fire on a child's clothing or hair
using equipment including but not limited to:
(i) Water;
(ii) A fire suppression blanket; or
(iii) A fire extinguisher, as permitted.
(5) Before starting a campfire activity, a pilot shall have the
necessary equipment and supplies to safely extinguish a campfire including but
not limited to:
(a) Sufficient water;
(b) A shovel; and
(c) An ABC professionally certified fire extinguisher, as
permitted.
(6) A pilot shall have and properly maintain a first-aid kit
near the campfire that contains first-aid supplies made specifically to treat
fire related injuries including but not limited to:
(a) A fire suppression
blanket; and
(b) Sterile, non-adhesive
bandages.
(7) A pilot shall create a clearly visible boundary at least
three feet away from the outer edge of the fire pit or structure containing the
fire.
(a) This boundary may be marked by:
(i) A rope;
(ii) Large rocks; or
(iii) A seating area made of logs or camp chairs.
(b) At all times, the area within the three-foot boundary shall:
(i) Be clear of tripping hazards such
as bags or other materials; and
(ii) Have space in between the logs, camp chairs, or other
seating so that children and adults may easily move into and out of the seating
area.
(8) Prior to any campfire activity, a pilot shall use
developmentally appropriate teaching practices to ensure children understand
safe behavior around a campfire.
(9) A pilot shall require campfires to be built and extinguished
according to safe fire practices provided by the U.S. Forest Service and the
campfire:
(a) May not be built during periods of high fire danger in the
area;
(b) May not be more than 2 feet in diameter;
(c) Shall be in a fire pit or structure that is designed for the
express purpose of safely containing a campfire and, when applicable, the fire
pit or structure shall contain an approved bottom; and
(d) May not use accelerant or burn materials that release toxic
substances, such as chemically treated wood, rubber, or plastics.
(10) While campfires are burning, a pilot staff member shall
remain within the 3-foot boundary around the fire to respond to any fire
tending needs and to prevent children from coming into close contact with the
fire.
(11) Adults who tend to the fire must tie back long hair and
secure loose clothing to reduce the risk of catching fire.
(12) The pilot shall prevent children from:
(a) Entering the 3-foot boundary around the campfire;
(b) Running and pushing within 6 feet of the edge of the
firepit; and
(c) Inhaling campfire smoke.
(13) A pilot shall require completion of a campfire activity log
on a Department approved form for each campfire activity.
(14) Each pilot may not have more than one campfire activity at
any time.
V. Handbook. A pilot shall provide each parent or guardian a
handbook containing written policies and procedures for each of the
requirements of this regulation.
W. Waivers. A pilot shall require parents or guardians to sign a
risk waiver that acknowledges and accepts the potential hazards and risks
associated with the pilot.
X. Records. A pilot shall store all records required under COMAR
13A.16 and this regulation in a manner that protects the records from damage
from the elements.
.09 Evaluation.
On or before October 1st of each year, the operator shall submit
to the Department the following information for the prior school year:
A. The number of children and families being served by the
pilot;
B. The number of participating providers who enrolled in the
Maryland EXCELS Program;
C. The number of children who participated in the Child Care
Scholarship Program;
D. The number of children served by the infant and early
childhood mental health support services program; and
E. The number of children who participated in a publicly funded prekindergarten
program.
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
Title 14
INDEPENDENT AGENCIES
Subtitle
01 PRESCRIPTION DRUG AFFORDABILITY BOARD
14.01.04 Cost Review Study Process
Authority: Health-General
Article, §§ 21-2C-03(f)(1), 21-2C-08(b), 21-2C-09, Annotated Code of Maryland
Notice of Proposed
Action
[24-136-P]
The Maryland Prescription
Drug Affordability Board proposes to amend Regulation .05 under COMAR
14.01.04 Cost Review Study Process.
This action was considered and approved by the Maryland Prescription
Drug Affordability Board at a public meeting held on September 10, 2024, notice
of which was provided by publication on the Board's website at
https://pdab.maryland.gov/Pages/2024-Board-Meeting.aspx, as required under
General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this
action is to make technical corrections
to clarify analyses and data sources, include additional factors for study, and
establish procedures for the preliminary determination and cost review study
report that align with the procedures for reviewing policies and setting upper
payment limits.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Christina Shaklee, Health Policy Analyst
Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive,
Suite 112-114, Bowie, MD 20715, or call 410-703-7015, or email to
pdab.regs@maryland.gov. Comments will be accepted through December 2, 2024. A
public hearing has not been scheduled.
.05 Cost Review Study.
A. The Board may determine:
(1) Whether use of the prescription drug
product has led or will lead to:
(a) (text unchanged)
(b) High out-of-pocket costs for
patients; [and]
(2) Whether the use that has led to
affordability challenges or high out-of-pocket costs is consistent with:
(a) (text unchanged)
(b) Standard medical practice[.]; and
(3) The
circumstances under which the prescription drug product has or will lead to an
affordability challenge to the State health care system or high out-of-pocket
costs to patients under §A(1) of this regulation.
B. Analyses and
Data Compilation.
(1) (text unchanged)
(2) These data and analyses may be:
(a)—(e) (text unchanged)
(f) Derived from the MCDB, any claims set
of the MCDB, and any other databases containing relevant information;
[or]
(g) Derived from reports generated by
U.S. governmental entities, State governmental entities, foreign
governmental and quasi-governmental agencies, and U.S. and foreign non-profit
organizations; or
(h) Derived from quantitative and
qualitative data collected by Board staff.
C. Factors
Considered in Cost Review Study.
(1) To the extent practicable, the Board
may consider the following data, information, and analyses in conducting a cost
review study:
(a)—(b) (text
unchanged)
(c) Therapeutic Alternatives:
(i) The average
price concession, discount, or rebate the manufacturer provides or is expected
to provide to health plans in the State for therapeutic alternatives; [and]
(ii) The WAC, AWP, NADAC, SAAC, ASP, and
FSS at which each therapeutic alternative has been sold in the State; and
(iii) The utilization, costs, and
out-of-pocket costs for therapeutic alternatives;
(d) Patient Access:
(i) —(ii) (text
unchanged)
(iii) The current or expected dollar
value of drug-specific patient access programs that are supported by the
manufacturer for the drug product under review and the policies surrounding
and implementing such programs;
(e)—(f) (text unchanged)
(g) Additional Board Factors:
(i)—(x) (text
unchanged)
(xi) Analysis of the market context of
the prescription drug product including the prescription drug product’s
lifecycle management, patent management, regulatory exclusivities, and product
[copying] hopping;
(xii) The utilization and pricing of
therapeutically equivalent drug products;
(xiii) Analysis of the impact of State
and federal regulatory and compliance issues related to the prescription drug
product;
(xiv) Input from State and
local governmental entities and the entities’ contractors such as health plans
and plan administrators;
(xv) Impact of the utilization and
spending for the prescription drug product on public budgets and comparison of
the spending on the prescription drug product to relevant benchmarks;
(xvi) Analyses and research including
literature review by Board staff in response to information submitted by an
entity under Regulation .04 of this chapter, or through any public comment or
public input procedure
[(xii)] (xvii) —[(xiii)] (xviii)
(text unchanged)
(2) (text unchanged)
D. At an open meeting, the Board may:
(1)—(4) (text unchanged)
(5) [Determine] Preliminarily
determine whether:
(a)—(b) (text unchanged)
E. (text unchanged)
F. Preliminary Determination.
(1) In accordance with
§C of this regulation, the Board may make a preliminary determination of
whether use of the prescription drug product has led or
will lead to affordability challenges for the State health care system or high
out-of-pocket costs for patients.
(2) A preliminary
determination is non-final and subject to revision and modification.
(3) Preliminary
Determination of Affordability Challenge.
(a) Board staff shall
prepare a draft of the preliminary determination cost review report that
summarizes the information considered by the Board in conducting the cost
review study, the Board’s deliberations, the circumstances or indicia
reflecting the affordability challenge, and the Board’s preliminary
determination.
(b) The public may
comment on the draft of the preliminary determination
cost review report.
[F.]
G. Final
Determination Concerning Affordability Challenge and Final Cost Review
Study Report.
(1) The Board may
vote to finalize the preliminary determination and approve the draft cost
review report as final.
(2) The Board’s
determination of whether a prescription drug has or will lead to an
affordability challenge is not final until the final cost review report is
adopted by the Board.
(3) The Board shall create
and adopt a final report of the cost review study that, to the extent permitted
by Health-General Article, §§21-2C-03 and 21-2C-10, Annotated Code of Maryland,
summarizes the information considered by the Board in conducting the cost
review study, the Board’s deliberations, and the Board’s determination.
ANDREW W. YORK
Executive
Director
Subtitle 04 MARYLAND TECHNOLOGY
DEVELOPMENT CORPORATION
Authority: Economic Development Article, §§10-409, 10-4A-27,
10–488, and 10–462, Annotated Code of Maryland
Notice of Proposed Action
[24-143-P]
The Maryland Technology Development Corporation proposes to:
(1) Amend Regulation .04 under COMAR 14.04.02 Investment
Programs;
(2) Amend Regulation .05 under COMAR 14.04.05 Seed Funds;
(3) Adopt new Regulations .01—.06 under a new chapter, COMAR
14.04.10 Equitech Growth Fund; and
(4) Adopt new Regulations .01—.05 under a new chapter, COMAR
14.04.11 Pava LaPere Innovation Acceleration Grant Program.
This action was considered by the Maryland Technology Development
Corporation's Board of Directors at an Open Board Meeting.
Statement of Purpose
The purpose of this action is to update the regulations to conform
to Ch. 462, Acts of 2023 and Ch. 711, Acts of 2024, by adding to the Maryland
Technology Development Corporation (“TEDCO”) the Equitech
Growth Fund and the Pava La Pere Innovation Acceleration Grant Program,
respectively. The proposed action adopts new regulations for the Equitech Growth Fund and the Pava LaPere Innovation
Acceleration Grant Program. The action also makes certain administrative
changes to conform with the statutory provisions. The Equitech
Growth Fund supports the economic competitiveness and inclusive growth of
emerging and advanced industries in Maryland through the creation of supporting
infrastructure assets, resources, and a diverse workforce that builds the
strengths of Maryland’s economy. Awards from the Equitech
Growth Fund will be made in the form of awards grants, investments, loans, or
other financial assistance from Equitech Growth Fund
to public, nonprofit, or private entities in Maryland, including institutions of
higher education and public-private partnerships (P3s).The Pava LaPere
Innovation Acceleration Grant Program is established to provide grants to
certain technology–based start–up companies that are founded by students of a
post-secondary institution located in the Baltimore-Columbia-Towson
Metropolitan Statistical Area in Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed regulations
introduce guidelines for administration of the Equitech
Growth Fund and the administration of the Pava La Pere Innovation Acceleration
Grant Program. Equitech Growth Fund: is expected to
have a meaningful economic impact in Maryland. The Pava La Pere Innovation
Acceleration Grant Program: The program and related regulations could
potentially have a minor economic impact. The Pava La Pere Innovation
Acceleration Grant Program awards $50,000 to qualifying businesses founded by
students of postsecondary institutions located in the Baltimore-Columbia-Towson
Metropolitan Statistical Area (MSA). These companies must have their principal
place of business in the Baltimore-Columbia-Towson MSA.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Technology
Development Corporation
|
(R+)
|
Meaningful
|
|
B. On other State agencies:
|
NONE
|
|
|
|
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
|
|
|
|
E. On other industries or
trade groups:
|
|
|
|
Small Businesses/Entrepreneurs
|
(+)
|
Meaningful
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Students of Postsecondary Institutions in the Baltimore Columbia
Towson Metropolitan Statistical Area (MSA).
|
(+)
|
Minor
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The Equitech Growth Fund includes $5
million annually for 10 years and is administered by the Maryland Technology
Development Corporation
E. The Equitech Growth Fund includes $5
million annually for 10 years for infrastructure and/or workforce development
projects. These projects are intended to accelerate technology-based innovation
ecosystem growth. It is anticipated that small businesses and entrepreneurs
will benefit from the impact of projects.
F. The Pava LaPere Innovation Acceleration Grant Program awards
$50,000 in funding to qualifying businesses founded by students of
postsecondary institutions located in the Baltimore-Columbia-Towson
Metropolitan Statistical Area (MSA).
Economic Impact on Small Businesses
The proposed actions may have a meaningful economic impact on
small businesses. An analysis of this economic impact follows:
The Pava La Pere Innovation Acceleration Grant Program awards
$50,000 in funding to qualifying businesses founded by students of
postsecondary institutions located in the Baltimore-Columbia-Towson
Metropolitan Statistical Area (MSA), providing capital to further operations
and commercialization. The infusion of the funds into the ecosystem is
anticipated to have net increase in funding for small businesses and the
subsequent reallocation of funds between businesses is anticipated to result in
a meaningful impact on small businesses. The Equitech
Growth Fund provides awards grants, investments, loans, or other financial
assistance from EGF to public, nonprofit, or private entities in the State,
including institutions of higher education and public-private partnerships
(P3s) for projects that support the creation of supporting infrastructure
assets, resources, and a diverse workforce that builds the strengths of the
State’s economy The resulting projects are anticipated to have a meaningful
impact on small businesses as beneficiaries from the infrastructure and
resources supported by the funding from the program.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Alex Choi, Executive Director, Government
Program Development, Affairs, & Research, Maryland Technology Development
Corporation, 10960 Grantchester Way, Suite 120, Columbia, MD 21044, or call 410-715-4192,
or email to achoi@tedcomd.com. Comments will be accepted through December 2,
2024. A public hearing has not been scheduled.
14.04.02 Investment Programs
Authority: Economic Development Article, §§10-409 and 10-4A-27,
Annotated Code of Maryland
.04 Eligibility.
A. Eligibility
Criteria. Except as provided in §C of this regulation, TEDCO may invest in an
applicant if TEDCO determines the applicant meets all of the following
criteria:
(1)—(3) (text unchanged)
(4) The applicant agrees to execute a securities repurchase
agreement or an equivalent commitment, each with a duration of five years,
subject to the terms [determined by TEDCO] and in the form
approved by the Office of the Attorney General;
(5)—(9) (text unchanged)
B.—E. (text unchanged)
14.04.05 Seed Funds
Authority: Economic Development Article, §10-409, Annotated Code of
Maryland
.05 Eligibility.
A. (text unchanged)
B. Eligibility for Specific Seed Funds.
(1) (text unchanged)
(2) For Cybersecurity Investment Fund investments, the business:
(a) Shall be focused on information technology security,
including the protection of networked devises, networks, programs, and data
from unintended or unauthorized access, change, or destruction; and
(b) (text unchanged)
(3)—(4) (text unchanged)
14.04.10 Equitech Growth Fund
Authority: Economic Development Article, §10-488, Annotated Code of
Maryland
.01 Definitions.
A. Except as otherwise provided in this subtitle, the following
terms have the meanings indicated.
B. Terms Defined.
(1) “Award” means grants, equity financing, debt financing, and
other financial assistance.
(2) “Commission” means the Equitech
Growth Commission.
(3) “Equitech Growth Fund” means the
fund described in §10-488 of the Act.
(4) “Infrastructure” means to build or expand equipment,
systems, resources, and facilities in the State to support, attract, and retain
businesses in the State.
(5) Metrics.
(a) “Metrics” means performance criteria and measures
established by the applicant for the applicant’s project.
(b) “Metrics” may include but is not limited to the project’s
potential impact on businesses, industry growth, jobs, diversity, equity and
inclusion, and economic development in the State.
(c) “Metrics” shall be consistent with the 10-year goals in the
strategic plan developed by the Commission.
(6) “Nonprofit” means a tax-exempt entity under the Internal
Revenue Code, organized for charitable, educational, or socially beneficial
purposes.
(7) “Other sources of funding” means funding received from a
non-profit or a public entity.
(8) “Private entity” or “private sector” means a
non-governmental enterprise for profit that is not affiliated, through
ownership or control with the federal, state, or a local government.
(9) Public Entity
(a) “Public entity” means a unit of the State or a local
government.
(b) “Public entity” includes political subdivision, trusts, and
instrumentalities of the State.
(10) “State” means the State of Maryland.
(11) Workforce Development.
(a) “Workforce development” means a coordination of programs and
policies to create, sustain, and retain a viable workforce.
(b) “Workforce development” includes educational programs,
degree and non-degree programs, certifications, training, and exposure to
career pathways in Science, Technology, Engineering, Arts, or Math for all
ages.
.02 Eligibility.
A. Eligibility Criteria.
TEDCO may make an award to an applicant, if TEDCO determines the applicant
meets all of the following criteria:
(1) The applicant is a
public, nonprofit, or private entity in the State, including institutions of
higher education and public-private partnerships;
(2) The applicant’s
proposed project is primarily focused on workforce development or
infrastructure in the State;
(3) The applicant shall
use the award proceeds and the leveraged funds in the State;
(4) The applicant shall
have secured verified funding commitments from the private sector, federal
sources, and other sources of funding in an amount to be approved by TEDCO,;
the receipt of which by the applicant shall be a condition of disbursing the TEDCO
funds; and
(5) The applicant’s
proposal shall be consistent with the 10-year goals in the strategic plan
developed by the Commission.
B. Verification of
Information Submitted to TEDCO. An applicant shall verify, in a form approved
by the Office of the Attorney General, the information the applicant submits to
TEDCO in an application for an award.
.03 Procedures and
Guidelines for Award Decisions.
A. In General. In its
sole discretion, TEDCO shall select eligible applicants for an award under the Equitech Growth Fund based on a written application,
applicant’s proposal, and TEDCO’s diligence.
B. Application Process.
(1) In General. TEDCO
shall make available to the public on or through its website:
(a) An application
process for awards under the Equitech Growth Fund;
and
(b) Deadlines, if any, to
submit the applications.
(2) Required Information.
Through an application, an applicant shall provide a proposal for its project
with information sufficient for TEDCO to establish eligibility for an award,
including:
(a) Whether the applicant
meets the eligibility requirements as set forth in the Act and under Regulation
.02 of this chapter;
(b) Detailed description
of the proposed project including, but not limited to, current and proposed
financial budgets, and the project’s goals to support workforce development or
infrastructure in the State;
(c) Reasonable metrics of
the project’s potential impact on the State’s ecosystem; and
(d) Any other information
required to evaluate program criteria and, if applicable, diversity and
inclusion criteria under §B(5) of this regulation.
(3) Preliminary
Evaluation of Eligibility. TEDCO's program staff:
(a) Shall perform an
initial review of each application in accordance with the Act and Regulation
.02 of this chapter; and
(b) May review the
application for program criteria under §B(5) of this regulation and may examine
the applicant’s project proposal, budgets, metrics, and other documents.
(4) Eligibility
Determination. Within 45 days from the date an applicant submits the
application to TEDCO, TEDCO shall notify the applicant if TEDCO finds the
applicant ineligible for an award under Regulation .02 of this chapter.
(5) Program Criteria,
Diversity and Inclusion Criteria, and TEDCO’s Diligence.
(a) If the applicant is eligible for an award by TEDCO, TEDCO
shall consider the program criteria as set forth in §B(5)(b) of this regulation
and diversity and inclusion criteria as set forth in §B(5)(c) of this
regulation and shall conduct diligence as set forth in §B(5)(d) of this
regulation.
(b) Program Criteria.
TEDCO shall use the following criteria as the basis of a scoring rubric to
evaluate eligible applicants:
(i)
Whether the applicant’s project is viable, sustainable, and has a high
probability for success;
(ii) The degree to which
the applicant’s project addresses a need in the State’s ecosystem;
(iii) The degree to which
the applicant’s project will leverage funding from private sector, federal
sources, or other sources of funding;
(iv) The extent to which
the applicant’s project is consistent with the 10-year goals in the strategic
plan developed by the Commission;
(v) The analysis of the
project’s metrics and potential impact on the State’s ecosystem; and
(vi) Adherence to the
application process.
(c) Diversity and
Inclusion Criteria. TEDCO shall consider whether:
(i)
The applicant’s project has the potential to result in a positive economic
development impact for a region or an area which is economically distressed or
a rural area or a rural community; and
(ii) A founder of the
applicant or a member of the applicant’s executive leadership has
self-identified as a member of a group that is economically disadvantaged.
(d) Diligence. TEDCO’s
diligence may include:
(i)
Review of applicant’s proposal, budgets, and metrics;
(ii) Site visits;
(iii) Validation of
claims and assumptions made in the application; and
(iv) At TEDCO’s sole
discretion, an applicant’s presentation and interview.
C. Scoring. TEDCO shall
score each applicant in accordance with a uniform scoring rubric based on the
program criteria and diversity and inclusion criteria.
D. Final Approval. The
Chief Executive Officer, in the Chief Executive Officer’s sole discretion,
shall base TEDCO’s final decision regarding an award to an eligible applicant
on:
(1) The application;
(2) The aggregate scores
from the evaluation of the program criteria and diversity and inclusion
criteria under §C of this regulation;
(3) The likelihood that
applicant’s project will lead to economic growth through workforce development
or infrastructure in the State; and
(4) The amount of money
available for this program.
E. Rejected Applicants.
If an applicant is rejected for an award, TEDCO shall notify the applicant in
writing.
.04 Process for
Monitoring.
A. Project
Work-In-Progress. When the applicant’s project is work-in-progress, the
applicant shall provide interim and final progress reports of the project
including a detailed description of the use of award funds on a regular basis,
as required from time to time by TEDCO.
B. Project Completion.
Upon completion of the project, the applicant shall provide impact reports to
TEDCO annually for a period of up to 5 years following the completion, in such
form as TEDCO may specify from time to time. Impact reports shall include an
analysis of the achievement of the project’s metrics.
.05 Nondiscrimination.
An applicant shall comply with all applicable federal, State,
and local laws regarding discrimination and equal opportunity in employment.
.06 Program Administration.
An action or decision required or permitted to be taken or made
by TEDCO under the Act or these regulations, including execution of award
financing documents, may be taken by the Chief Executive Officer or Chief
Executive Officer’s designee.
14.04.11 Pava LaPere
Innovation Acceleration Grant Program
Authority: Economic Development Article, §10-462, Annotated Code
of Maryland
.01 Definitions.
A. Except as otherwise provided in this subtitle, the following
terms have the meanings indicated.
B. Terms Defined.
(1) “Award” means a $50,000 grant to a qualifying applicant.
(2) “Baltimore-Columbia-Towson MSA” means the Metropolitan
Statistical Area in Maryland, as defined by the United States Office of Budget
and Management.
(3) “Chief Executive Officer designee” means a TEDCO employee to
whom the TEDCO’s Chief Executive Officer has designated decision making
authority.
(4) Metrics.
(a) “Metrics” means performance criteria and measures
established by the applicant for the applicant’s grant proposal.
(b) “Metrics” may include but is not limited to the project’s
potential impact on fostering growth of the entrepreneurial innovation
ecosystem in the State.
(5) “Postsecondary institution located in the
Baltimore-Columbia-Towson MSA” means universities and colleges stated in
§10-462.1 of the Act.
(6) “Program” means the Pava LaPere Innovation Acceleration
Grant Program.
.02 Eligibility.
A. Eligibility Criteria.
TEDCO may make an award to an applicant, if TEDCO determines the applicant
meets all of the following criteria:
(1) The applicant is a technology-based start-up company;
(2) The founder of the applicant are students of a postsecondary
institution located in the Baltimore-Columbia-Towson MSA;
(3) The applicant has its principal place of business located in
the Baltimore-Columbia-Towson MSA;
and
(4) The applicant agrees to use at least 20 percent of the award
to hire third-party
consultants for planning, development, regulatory compliance, or other
technical assistance related to establishing a start-up company unless upon
applicant’s request, TEDCO provides a waiver thereto.
B. Verification of
Information Submitted to TEDCO. An applicant shall verify, in a form approved
by the Office of the Attorney General, the information the applicant submits to
TEDCO in an application for an award.
.03 Procedures and
Guidelines for Award Decisions.
A. In General. TEDCO shall select eligible applicants for an
award under the Program based on a written application, applicant’s proposal,
and TEDCO’s diligence.
B. Application Process.
(1) In General. TEDCO
shall make available to the public on or through its website:
(a) An application
process for awards under the Program; and
(b) Deadlines, if any, to
submit the applications.
(2) Required Information.
Through an application, an applicant shall provide a grant proposal including
information sufficient for TEDCO to establish eligibility for an award,
including:
(a) Whether the applicant meets the eligibility requirements as
set forth in the Act and under Regulation .02 of this chapter;
(b) Detailed description of the grant proposal including, but
not limited to, current and proposed financial budgets, business proposal, and
the project’s potential impact on growth of the entrepreneurial innovation
ecosystem in the State;
(c) The address of applicant’s principal business operations in
the Baltimore-Columbia-Towson MSA and a copy of the lease, license agreement,
deed, or other document that evidences the applicant’s right to occupy the
physical location of the principal business operations;
(d) Reasonable metrics of the project’s potential impact; and
(e) Any other information required to evaluate program criteria.
(3) Preliminary
Evaluation of Eligibility. The Program:
(a) Shall perform an
initial review of each application in accordance with the Act and Regulation
.02 of this chapter; and
(b) May review the
application for program criteria under §B(5) of this regulation and may examine
the applicant’s grant proposal, business plan, budget, metrics, and other
information.
(4) Eligibility Determination. Within 45 days from the date an
applicant submits the application to the program, the program shall notify the
applicant if TEDCO finds the applicant ineligible for an award under Regulation
.02 of this chapter.
(5) Program Criteria. The Program shall consider the following
criteria as the basis of a scoring rubric to evaluate eligible applicants:
(a) Whether the applicant’s grant proposal is viable, and has a
reasonable probability for success;
(b) The analysis of the grant proposal’s metrics and potential
impact; and
(c) Adherence to the application process.
(6) Diligence. Program diligence may include:
(a) Review of applicant’s grant proposal, budgets, and metrics;
(b) Validation of claims and assumptions made in the
application; and
(c) An applicant’s presentation and interview.
C. Scoring. The Program
shall score each applicant in accordance with a uniform scoring rubric based on
the program criteria.
D. Final Approval. The Chief Executive Officer or a Chief
Executive Officer’s designee, shall base TEDCO’s final decision regarding an
award to an eligible applicant on:
(1) The application; and
(2) The aggregate scores
from the evaluation of the program criteria under §C of this regulation.
E. Rejected Applicants. If an applicant is rejected for a grant
award, the program shall notify the applicant in writing.
F. Award Amount. In
accordance with the Act, program award amounts are $50,000 to each qualifying
applicant, subject to funding availability.
.04 Nondiscrimination.
An applicant shall comply with all applicable federal, State,
and local laws regarding discrimination and equal opportunity in employment.
.05 Program Administration.
An action or decision required or permitted to be taken or made
by TEDCO under the Act or these regulations, including execution of award
financing documents, may be taken by the Chief Executive Officer or Chief
Executive Officer’s designee.
JIGITA PATEL
Senior
Assistant Attorney General
Subtitle 35 MARYLAND HEALTH BENEFIT
EXCHANGE
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of
Maryland
Notice of Proposed Action
[24-140-P]
The Maryland Health Benefit Exchange proposes to:
(1) Amend Regulations .08, .11, .13, .18,
and .19 under COMAR 14.35.07 Eligibility Standards for Enrollment in
a Qualified Health Plan, Eligibility Standards for APTC and CSR, and
Eligibility Standards for Enrollment in a Catastrophic Qualified Health
Plan in the Individual Exchange; and
(2) Amend Regulation .04 under COMAR 14.35.14
Termination, Cancellation, and Rescission of Qualified Health Plan.
This action was considered at the September 16, 2024 meeting of
the MHBE Board of Trustees.
Statement of Purpose
The purpose of this action is to
bring MHBE into alignment with the 2025 Notice of Benefit and Payment
Parameters and make a technical correction to eliminate redundant subsections
in 14.35.07.11.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Becca Lane, Senior Health Policy Analyst,
Maryland Health Benefit Exchange, 750 E. Pratt St., 6th Floor, Baltimore, MD
21202, or call 410-547-7371, or email to becca.lane@maryland.gov. Comments will
be accepted through December 2, 2024. A public hearing has not been scheduled.
14.35.07 Eligibility Standards
for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and
CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified
Health Plan in the Individual Exchange
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of
Maryland
.08 Eligibility Requirements for Advance Payments of the Premium
Tax Credit.
A.—D. (text unchanged)
E. For 2024 and prior years, [A] a
tax filer may not be eligible for APTC if:
(1)—(2)
F. Beginning [2024] 2025, [pursuant
to guidance from HHS,] a tax filer may not be eligible for APTC if:
(1) (text unchanged)
G.- K. (text unchanged)
.11 Enrollment in a QHP or Insurance Affordability Program Through
the Individual Exchange.
A.—E. (text unchanged)
F. Payment of First Month’s Premium.
(1)—(2) (text unchanged.
[(3) Effective January 1, 2020, the first month’s premium
payment to effectuate prospective coverage for QHP selections made during an
annual open enrollment period or during a special enrollment period described
in Regulations .13E(4), .18D (1)—(2), and .19I of this chapter shall be due on
a uniformly applied date specified by the authorized carrier of the QHP that is
no earlier than the coverage effective date but no later than 30 calendar days
from the coverage effective date.]
[(4)] (3) (text unchanged)
[(5) Effective January 1, 2020, the first month’s premium
payment to effectuate prospective coverage for QHP selections made during a
special enrollment period described in Regulations .12F, .13E(1) and (3), .14F,
.15G, .16F, .17F, .18D(3), and .19A of this chapter shall be due on a uniformly
applied date specified by the authorized carrier that is no earlier than the
coverage effective date or no later than 30 calendar days from the date the
carrier receives the enrollment transaction from the Individual Exchange or the
coverage effective date, whichever is later.]
[(6)] (4)—(9)] [(9)] (7)
(text unchanged)
G.—I. (text unchanged)
.13 Special Enrollment Periods — Change in Family Status Through
the Individual Exchange.
A.—D. (text unchanged)
E. Enrollment in a QHP selected by a qualified individual, an
enrollee, the qualified individual’s dependent, or the enrollee’s dependent
during a special enrollment period under this regulation shall be effective:
(1)—(3) (text unchanged)
(4) For divorces or legal separation:
(a) Before January 1, 2025,
[(a)] (i) (text
unchanged)
[(b)] (ii) The first day of the next following
month for QHP selections received by the Individual Exchange between the 16th
and the last day of a month[.]; or
(b) On or after January 1, 2025, the first day of the month
following the date that the Individual Exchange receives the QHP selection.
.18 Special Enrollment Period — Permanent Move.
A.—C. (text unchanged)
D. The effective date of coverage for a qualified individual,
enrollee, qualified individual’s dependent, or enrollee’s dependent who is determined
eligible for the special enrollment period under this regulation and selects
enrollment in a QHP during the special enrollment period under §C of this
regulation shall be:
(1) Before January 1, 2025:
[(1)] (a) —[(2)] (b)
(text unchanged)
[(3)] (c)
The first day of the second following month for QHP selections received by the
Individual Exchange after the date of the permanent move between the 16th and
the last day of a month[.]; or
(2) On or after January 1, 2025, the first day of the month
following the date that the Individual Exchange receives the QHP selection.
.19 Special Enrollment Period—Other.
A.—L. (text unchanged)
M. A qualified individual, an enrollee, a qualified individual’s
dependent, or an enrollee’s dependent is eligible to enroll during any month of
the year if:
(1) They are eligible for APTC; and
(2) Their household income does not exceed 150 percent of the
federal poverty line. [; and
(3) The tax filer’s applicable percentage for purposes of
calculating the premium assistance amount, as defined in §36B(b)(3)(A) of the
Internal Revenue Code, is set at zero.]
N. (text unchanged)
O. Enrollment in a QHP selected by a qualified individual, an
enrollee, the qualified individual’s dependent, or the enrollee’s dependent
during a special enrollment period under this regulation shall be effective:
(1) For the special enrollment period under §A of this regulation
(newly eligible or ineligible for APTC), §E of this regulation (qualified
individual or dependent is an Indian) and §F of this regulation (changes in
citizenship status):
(a) Before January 1, 2025:
[(a)] (i) (text
unchanged)
[(b)] (ii) The first day of the following
month after the Individual Exchange receives the QHP selection when the plan
has been selected between the 16th and the last day of the month; or
(b) On or after January 1, 2025, the first day of the month
following the date that the Individual Exchange receives the QHP selection.
(2) (text unchanged)
(3) For the special enrollment period under §G of this regulation
(previously incarcerated) and §J of this regulation (newly eligible for an
individual coverage HRA or a QSEHRA):
(a) Before January 1, 2025:
[(a)] (i) (text
unchanged)
[(b)] (ii) The first day of the following
month for QHP selections received by the Individual Exchange after the release
date or the triggering event; or
(b) On or after January 1, 2025:
(i) The first day of the month
following the date that the Individual Exchange receives the QHP selection; or
(ii) On the date of the triggering event, if the triggering
event is on the first day of a month;
(4) (text unchanged)
(5) For special enrollment periods [other than the special
enrollment periods specified in §O(1)—(4),] under §B, §C
(Maryland Easy Enrollment Health Insurance Program), §L (change or triggering
event not included in this regulation under 45 CFR §155.420), and §M (eligible
for APTC and household income does not exceed 150 percent of the federal
poverty line), the first day of the month following the date that the
Individual Exchange receives the QHP selection.
P. (text unchanged)
14.35.14 Termination,
Cancellation, and Rescission of Qualified Health Plan
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of
Maryland
.04 Enrollee-Initiated Terminations — In General.
A.—E. (text unchanged)
F. Retroactive Terminations.
(1) An enrollee may retroactively terminate or cancel the
enrollee's coverage or enrollment in a QHP when the enrollee:
(a) Demonstrates to the Exchange that the enrollee enrolled in
Medicare Part A or B coverage with a retroactive effective date; and
(b) Requests retroactive termination of QHP coverage within 60
days of the enrollment.
(2) The effective date of the retroactive termination must be no
earlier than the later of the day before the first day of coverage under
Medicare Part A or B, and the day that is 6 months before the retroactive
termination in QHP coverage is requested.
(3) A retroactive termination date as described in this section
is not available for enrollments in stand-alone dental plans.
MICHELE EBERLE
Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle
20 SOIL AND WATER CONSERVATION
15.20.07 Agricultural Operation Nutrient
Management Plan Requirements
Authority: Agriculture
Article, §§8-801−8-806 and 8-8A-01 et seq., Annotated Code of
Maryland
Notice of Proposed
Action
[24-146-P-I]
The Maryland Department
of Agriculture proposes to amend Regulation .02 under COMAR 15.20.07
Agricultural Operation Nutrient Management Plan Requirements.
Statement of Purpose
The purpose of this
action is to amend COMAR 15.20.07.02, which incorporates the Maryland Nutrient Management
Manual, adding Supplement No. 10 to the manual.
Among other things, Supplement No. 10 includes: (1) New standards
governing the number of applications per field per season consistent with good
husbandry and sound agronomic practices; and (2) The "USDA-NRCS Field
Office Technical Guide - Maryland/D.C. Area - Waste Storage Structure -
313".
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Dwight Dotterer, Administrator, Nutrient
Management Program, Maryland Department of Agriculture, 50 Harry S. Truman
Parkway Annapolis, MD 21401, or call 410-841-5877, or email to
dwight.dotterer@maryland.gov. Comments will be accepted through December 2,
2024. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Maryland Nutrient Management
Manual, Supplement 10, has been declared a document generally available to the public
and appropriate for incorporation by reference. For this reason, it will not be
printed in the Maryland Register or the Code of Maryland Regulations (COMAR).
Copies of this document are filed in special public depositories located
throughout the State. A list of these depositories was published in 51:1 Md. R.
8 (January 12, 2024), and is available online at www.dsd.maryland.gov. The
document may also be inspected at the office of the Division of State
Documents, 16 Francis Street, Annapolis, Maryland 21401.
.02 Incorporation by Reference.
The performance and technical standards provided in this subtitle
are found in the Department of Agriculture's Maryland Nutrient Management
Manual (November 1999), Supplement No. 1 (September 2000), Supplement No. 2
(November 2001), Supplement No. 3 (September 2004), Supplement No. 4 (November
2005), Supplement No. 5 (November 2006), Supplement No. 6 (May 2009),
Supplement No. 7 (May 2012), Supplement No. 8 (August 2016), [and] Supplement
No. 9 (June 2022), and Supplement No. 10 (July 2024), which are incorporated
by reference.
KEVIN ATTICKS
Secretary of Agriculture
Subtitle
20 SOIL AND WATER CONSERVATION
15.20.13 Food Processing Residuals
Utilization Program
Authority: Agriculture
Article, §§8-8A-01 et seq., Annotated Code of Maryland
Notice of Proposed
Action
[24-139-P]
The Maryland Department
of Agriculture proposes to adopt new Regulations .01—.28 under a new
chapter, COMAR 15.20.13 Food Processing Residuals Utilization Program.
Statement of Purpose
The purpose of this
action is to adopt new regulations
implementing new legislation governing the utilization of food processing
residuals in the State (e.g., the transportation of this material from a food
processing plant to agricultural operations in the State, and the storage and
land application of this material at these locations). See Ch. 531, Acts of 2024.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dwight Dotterer, Administrator, Nutrient
Management Program, Maryland Department of Agriculture, Maryland Department of
Agriculture 50 Harry S. Truman Parkway Annapolis, MD 21401, or call
410-841-5877, or email to dwight.dotterer@maryland.gov. Comments will be
accepted through December 16, 2024. A public hearing has not been scheduled.
.01 Purpose and Scope.
A. The purpose of this chapter
is to establish requirements and control measures for the utilization of food processing
residuals.
B. These regulations specifically
apply to all persons engaged in the following utilization activities of food processing
residuals, or any product containing this food processing residuals, which is utilized
in the State of Maryland:
(1) Transportation, Regulations .12—14. of this chapter;
(2) Storage facility, Regulations .15—.19
of this chapter; and
(3) Agricultural land, Regulations .20—.23 of this chapter;
C. A person may not engage in food processing residuals utilization
in a manner which will likely:
(1) Cause an undue risk to the environment or public health, safety,
or welfare as may be determined by the Department;
(2) Create a nuisance; or
(3) Cause a discharge of constituents to waters of this State.
.02 Incorporation by Reference.
A. The performance and technical standards provided in this chapter
pertaining to the land application and storage of food processing residuals are
found in the Maryland Nutrient Management Manual, which is incorporated by reference
in COMAR 15.20.07.02.
B. A person utilizing food processing residuals in conjunction with
an agricultural operation shall follow the performance and technical standards set
forth in the following chapters of the Maryland Nutrient Management Manual:
(1) For utilization pertaining to the land
application of food processing residuals, Section I (“Nutrient Recommendations”),
Subsection D (“Nutrient Application Requirements”):
(a) Chapter I: General Guidelines;
(b) Chapter II: Definitions;
(c) Chapter III: Setbacks for Nutrient Application;
(d) Chapter V: Temporary Field Stockpiling (Staging) for Stackable
Organic Nutrient Sources Materials (Equal to or less than 75% Moisture Content);
and
(e) Chapter VI: Food Processing Residuals; and
(2) For utilization pertaining to the storage of food processing
residuals, Section III (“Animal Manure and Waste Management”), Subsection G (USDA-NRCS
Field Office Technical Guide — Maryland/D.C. Area - Waste Storage Facility — 313):
(a) Chapter I: Conservation Practice Standard — Waste Storage Facility
— Code 313 (2024);
(b) Chapter II: Operation & Maintenance Plan — Waste Storage
Facility (313) (2021);
(c) Chapter III: Maryland Conservation Practice Construction Specification
— Waste Storage Facility (2021); and
(d) Chapter IV: Statement of Work — Waste Storage Facility (313)
— Maryland (2024).
.03 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Food Processing
Residuals.
(1) “Food processing residuals”
or “FPRs” means an organic material that is:
(a) Generated by processing agricultural commodities for human or
animal consumption and includes:
(i)
Food residuals;
(ii) Food coproducts;
(iii) Food processing wastes;
(iv) Food processing sludges;
(v) Organic material that
is mixed or otherwise commingled with food residuals, food coproducts, food processing
wastes, food processing sludges; or
(vi) Any other incidental
material whose characteristics are derived from processing agricultural products
for human consumption or animal consumption; and
(b) Registered with the State Chemist as a soil conditioner.
(2) “Food processing residuals”
does not include:
(a)
Digester digestate that has not been mixed or commingled with food processing residuals;
(b)
Animal and poultry manures that have not been mixed or commingled with food processing
residuals;
(c)
Biosolids (i.e., Class A or Class B sewage sludge), as defined by the Maryland Department
of the Environment in COMAR 26.04.06.03B(7);
(d)
Compost, that is, the product of composting in accordance with the standards established
by the Secretary of Agriculture under Agriculture Article, §6-221, Annotated
Code of Maryland, including food residuals:
(i) Diverted from final disposal in a refuse disposal system
for composting under COMAR 26.04.13; or
(ii)
Obtained from residential curbside or drop-off programs, including pre-consumer
and post-consumer food scraps, transported to a composting facility in accordance
with COMAR 26.04.11;
(e)
Spent mushroom soil; or
(f)
Water treatment plant residuals.
C. Other Terms Defined.
(1)
Agricultural Land.
(a) “Agricultural land” means more than 10 acres of land used to produce food, feed,
fiber, sod, animals, plants, trees, or plants in containers (pots), or for out-of-ground
production.
(b) “Agricultural land” includes smaller, noncontiguous land parcels that total more
than 10 acres.
(2) “Agricultural operation”
means each physical site where a person engages in a business that:
(a) Grows, raises, keeps, pastures, or otherwise
produces a farm product, including:
(i) Any agricultural,
horticultural, vegetable, or fruit product of the soil; or
(ii) Livestock, poultry, eggs, dairy
products, nuts, honey, and every product of the farm, a forest, or an orchard; and
(b) Has:
(i)
A gross annual income of $2,500 or more; or
(ii) Eight or more animal
units.
(3) “Animal unit” means
1,000 pounds of live animal weight.
(4) “Applicant” means:
(a) A person who owns or
operates an agricultural operation; or
(b) A commercial broker
or commercial hauler who has contracted with the owner or operator of an agricultural
operation to have food processing residuals utilized at that operation.
(5) “Collection” means any
action involved in the gathering or subsequent placement of food processing residuals,
or any other product containing food processing residuals, into a vehicle, container,
or any other vessel for transportation.
(6) “Commercial broker”
means a person who:
(a)
For commercial purposes, assumes temporary control of food processing residuals
from an agricultural operation or a food processing plant and transports or arranges
the transport of this material to an importing agricultural operation; and
(b) Is not working for or under the control of an
agricultural operation.
(7) “Commercial hauler”
means a person engaged in the business of hauling, transporting, moving, or land-applying
food processing residuals as a contract agent for a farm operator, commercial broker,
or food processing plant under the direction of the operator, broker, or processing
plant.
(8)”Constituent” means any
component of food processing residuals that is an organic, inorganic, or combination
of organic and inorganic substances.
(9) “Container” means
either an open or closed receptacle with a load capacity of 1 metric ton or
less that includes a bucket, box, carton, vehicle or trailer.
(10) “County” means as
defined in the Agriculture Article, §1-101(c), Annotated Code of Maryland.
(11)
“Cover crop” means a cereal grain or cereal grain mix that:
(a) Is planted:
(i) Following the harvest of summer crops for the purpose of
the seasonal protection of soil, the assimilation of residual nitrogen left from
a previous crop, and the continued mineralization of nitrogen; and
(ii) In accordance
with the “Maryland Winter Cover Crop Program Requirement” for seeding rate, planting
dates, and planting methods as published on the Department’s website.; and
(b) Has germinated
and attained at least 70 percent surface coverage on the field as measured by the
standard line-transect method.
(12) “Department” means
the Maryland Department of Agriculture.
(13) “Field ditch” means
a channelized waterway that, as provided in the USDA-NRCS National Cooperative Soil
Survey, is not within:
(a) Floodplain soil-mapping unit;
(b) Hydric soil that is mapped as a narrow, elongated feature
in a fluvial or floodplain position; and
(c) Soil-mapping unit that has a slope class of “B” or steeper.
(14) “Food processing residuals
generator” means a person who owns or operates a facility that processes food processing
residuals to be utilized in this State.
(15) “Groundwater” means water below the land surface in a saturated
zone.
(16) “Holding tank” means a watertight receptacle that has a
capacity up to 20,000 gallons, which is used, or intended to be used, for the temporary
storage of food processing residuals for land application.
(17) “Land application” means the placement of food processing
residuals, or any other product containing food processing residuals on or mixed
with or injected into land used to support an agricultural crop.
(18) “Nuisance” means unreasonable interference with the quality
of life of the public because of the characteristics of noise, odor, vectors, solids,
vapors, liquids, or gases that:
(a) Causes distress or potential health impacts to members of the public
or residents or users of properties adjacent to a site where food processing residuals
is being utilized or has been utilized; and
(b) Falls outside the protection
afforded an agricultural operation under Courts and Judicial Proceedings Article,
§5-403,
Annotated Code of Maryland.
(19) “Nutrient Management Plan” has the meaning stated in COMAR
15.20.08.
(20) “Pasture land” means land on which animals feed directly
on forage and grain crops, such as legumes, grasses, or grain stubble.
(21) “Permittee” means a person who holds a Food Processing Residuals
Utilization Permit.
(22) ”Person” means an individual, or any partnership, firm,
association, public or private corporation, or any other entity.
(23) “State” means the State of Maryland unless otherwise specified.
(24) “Storage facility” means a waste storage facility that meets
USDA-NRCS Waste Storage Facility No. 313 Conservation Practice Standards or an equivalent
standard determined by a professional engineer for the containment of wastes generated
by agricultural production or processing.
(25) “Surface water” means all waters of the State that are not
groundwater.
(26) "Tidal wetland" has the meaning stated in COMAR
26.04.02.02.
(27) “Transportation” means the movement or conveyance of food
processing residuals or any other product containing food processing residuals by
road.
(28) “Treatment” means a process, which alters, modifies, or
changes the biological, physical, or chemical characteristics of food processing
residuals.
(29) “USDA-NRCS” means the United States Department of Agriculture-Natural
Resources Conservation Service.
(30) “NRCS Waste Storage Facility No. 313 Conservation Practice
Standard” means the technical standards for waste storage facilities set forth in
USDA-NRCS Field Office Technical Guide which is incorporated by reference.
(31) “Utilize food processing residuals” means:
(a) Handling or storing food processing residuals;
(b) Using food processing residuals for land application; and
(c) Transporting food processing residuals to or from a generator
of food processing residuals or to or from an agricultural operation.
.04 Right of Entry.
The person applying for a Food Processing Residuals Utilization Permit
shall agree, as a condition for the issuance of the permit or any other authorization
or approval issued by the Department, to allow the Secretary of the Department of
Agriculture or the Secretary’s authorized representatives, at reasonable times and
upon presentation of credentials, to:
A. Enter upon
the premises or a location where any records are required to be maintained under
the terms and conditions of the Food Processing Residuals Utilization Permit, authorization,
or approval issued by the Department;
B. Have access
to and copy any records required to be maintained under the terms and conditions
of the Food Processing Residuals Utilization Permit, authorization, or approval
issued by the Department;
C. Enter upon
a food processing residuals utilization site and inspect any area covered by the
permit including any field where food processing residuals have been land-applied
or storage facility holding food processing residuals;
D. Sample any
soils, vegetation, food processing residuals, or other materials on the site;
E. Perform any
activities to determine compliance status with the terms and conditions of the Food
Processing Residuals Utilization Permit, authorization, or approvals issued by the
Department or the applicable regulations; and
F. Obtain any
photographic documentation or evidence.
.05 Requirements for Utilzing Food Processing
Residuals.
A person may not utilize
food processing residuals in this State unless the material is:
A.
Registered as a soil conditioner;
B. Analyzed by an accredited laboratory, using methods that are:
(1) Acceptable to the Department; and
(2) Part
of the laboratory’s scope of accreditation: and
C. At a minimum, analyzed:
(1) For moisture, nutrients (total nitrogen,
total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium,
chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear
aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile
Organic Compounds by Gas Chromatography/Mass Spectrometry); and
(2) As otherwise required by the Department.
.06 Sampling and Testing
Requirements for Food Processing Residuals.
A. A person utilizing food processing residuals in this State
shall submit to the Department:
(1)
An acceptable methodology that shall be used to obtain a representative composite
food processing residuals sample of the material; and
(2) On an annual basis, the results of laboratory analysis of
the representative composite food processing residuals sample in accordance
with the following requirements:
(a) All sample analyses shall be performed by an accredited laboratory,
using methods that are acceptable to the Department and part of the laboratory’s
scope of accreditation; and
(b) The analysis shall, at a minimum, test for moisture, nutrients
(total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic,
cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear
aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile
Organic Compounds by Gas Chromatography/Mass Spectrometry) and as otherwise required by the Department.
B. Unless otherwise agreed upon by persons utilizing food processing
residuals in conjunction with an agricultural operation, the
requirement set forth in §A of this regulation shall be performed by a commercial
broker, commercial hauler, or other person who is permitted to transport the material
to an agricultural operation. This person shall be identified in the permit application
to utilize food processing residuals in conjunction with an agricultural operation.
C. The Department may:
(1) Require analyses for
food processing residuals constituents other than those identified in §A(2) of this
regulation to adequately assess the quality of food processing residuals;
(2) Require additional analyses
to adequately assess the quality of food processing residuals;
(3) Approve a request to
reduce the testing frequency for analyzing any of the constituents identified in
§A(2) of this regulation if the Department determines that a sufficient number of
food processing residuals samples have been analyzed to characterize food processing
residuals quality on an annual as well as seasonal basis; and
(4) Reject an analysis for
good cause.
D. The Department may consider
the failure to submit the analysis required in §A of this regulation to be grounds
for:
(1) Revocation or modification
of any Food Processing Residuals Utilization Permit, authorization, or approval
previously issued by the Department for the utilization of that generator’s food
processing residuals; and
(2) Denial of any new, material
alteration or extension, modification, or renewal application for a Food Processing
Residuals Utilization Permit, authorization, or approval issued by the Department
for the utilization of that generator’s food processing residuals.
.07 Record-Keeping and Reporting Requirements for Food Processing
Residuals.
A. A person utilizing food processing residuals
in the State shall submit to the Department the following information on a form
provided by the Department:
(1) The date the food processing residuals leaves that food processing
residuals generator’s plant;
(2) The amount
of food processing residuals leaving that generator’s plant;
(3) The county
and site where the food processing residuals are being utilized; and
(4) Other information
required by the Department including information relating to the registration of
the material with the Department.
B. The information required to be submitted under §A of this regulation
shall be:
(1) Collected each year on a quarterly basis as follows:
(a) January 1
through March 31;
(b) April 1 through
June 30;
(c) July 1 through
September 30; and
(d) October 1
through December 31; and
(2) Submitted to the Department within 30 days from the close of
each quarter.
C. Failure to submit the reports required under this regulation may
constitute grounds for revocation or modification of any Food Processing Residuals
Utilization Permit issued by the Department.
D. Unless otherwise agreed upon by persons utilizing food processing
residuals in conjunction with an agricultural operation, the requirement set forth
in §A of this regulation shall be performed by a commercial broker, commercial hauler,
or other person who is permitted to transport the material to an agricultural operation.
This person shall be identified in the permit application to utilize food processing
residuals in conjunction with an agricultural operation.
.08 Food Processing Residuals Utilization Permits.
A. A person may not utilize food processing
residuals, or any product containing this material, without first obtaining a Food
Processing Residuals Utilization Permit from the Department.
B. A person who is engaged
in the utilization of food processing residuals is subject to the following conditions:
(1) Food processing residuals may not be stored, staged, or land
applied in a manner that will cause an undue risk to the environment or public health,
safety, or welfare, or in a manner that causes or is likely to cause a discharge
of constituents to the waters of the State;
(2) Food processing residuals may only be land applied on agricultural
land in accordance with a nutrient management plan prepared by a certified and licensed
nutrient management consultant in accordance with the requirements specified in
COMAR 15.20.04 and in compliance with COMAR 15.20.07 and 15.20.08;
(3) Food processing residuals transported to a person’s agricultural
operation may not be transported from that site to:
(a) Any other agricultural operation in the State that is not permitted
by the Department to receive it; or
(b) A site in another State that is not permitted or otherwise
authorized to receive food processing residuals.
C. In the event of an odor complaint pertaining
to the utilization of food processing residuals, the Department shall investigate
the complaint and, after investigating the complaint, notify the person who is utilizing
food processing residuals what corrective measures, if any, shall be implemented,
such as the temporary cessation of food processing residuals application, additional
incorporation measures, or the application of odor control agents, such
as lime, potassium permanganate, or other odor control agents.
D. A person may mix food processing
residuals with other organic material if:
(1) The person demonstrates to the Department that the final utilization
of the mixture will not cause an undue risk to the environment or public health,
safety, or welfare as may be determined by the Department; and
(2) The person secures a new N/P/K analysis of the material before
land application.
E. A person who mixes
or otherwise comingles food processing residuals mixed with other organic materials
shall manage this material in accordance with this chapter.
.09 Performance Bonds, Liability Insurance, or Other Form of Security.
A. A person applying for a Food Processing Residuals Utilization
Permit shall file with the Department a performance bond on a form prescribed or
approved by the Department, liability insurance, or other form of security. The
performance bond, liability insurance, or other form of security shall be payable
to the Department and the obligation of the performance bond, liability insurance,
or other form of security shall be conditioned upon the compliance with the terms
and conditions of the Food Processing Residuals Utilization Permit.
B. The amount of the performance bond, liability insurance, or other
form of security shall be:
(1) For the initial permit to transport food processing residuals
to and from an agricultural operation, $10,000;
(2) For the initial permit to apply food processing residuals on
agricultural land, $30,000; and
(3) For the initial permit to store food processing residuals at
a storage facility, $100,000.
C. The Department may allow a permittee obtaining
several Food Processing Residuals Utilization Permits to utilize food processing
residuals in conjunction with agricultural land to file one performance bond, liability
insurance, or other form of security to satisfy the security requirements for more
than one utilization site.
D. For each additional permit that the applicant seeks, the amount
of the performance bond, liability insurance, or other form of security shall be
40 percent of the amount required in §B of this regulation up to a maximum amount
of $200,000, as shown in the following examples:
(1) Example One: If a person is seeking two storage facility permits
and two transportation permits, the bond amount is $154,000,which amount is the
sum of the following two figures:
(a) $140,000 for the two storage permits, that being:$100,000 for
the initial permit plus $40,000 (40% of $100,000) for the second permit); and
(b) $14,000 for the two transportation permits, that being:$10,000
for the initial permit plus $4,000 (40% of $10,000) for the second permit); and
(2) Example Two: If a person is seeking four storage permits and
four transportation permits, the bond amount, while separately exceeding $200,000,
will be capped at $200,000.
E. Liability under the performance bond, liability insurance, or
other form of security shall remain in effect until all terms and conditions of
the Food Processing Residuals Utilization Permit have been met. The Department may
release the performance bond, liability insurance, or other form of security after
the Department has determined that all terms and conditions of the Food Processing
Residuals Utilization Permits covered by the performance bond, liability insurance,
or other form of security have been complied with.
F. The performance bond, liability insurance, or other form of security
shall be executed by the person applying for a Food Processing Residuals Utilization
Permit and obtained from a corporate surety licensed to do business in this State.
Instead of a performance bond, liability insurance, or other form of security executed
by a corporate surety, the person may elect to deposit with the Department cash
or negotiable bonds of the federal government or of this State or any other securities
acceptable to the Department. The amount of the cash deposit or the market value
of any securities shall be at least equal to the required sum of the performance
bond, liability insurance, or other form of security. The Department shall receive
and hold the cash or securities in trust, for the purposes for which the deposit
is posted.
G. The obligation of the person applying for a Food Processing Residuals
Utilization Permit and of any corporate surety under the performance bond, liability
insurance, or other form of security shall become due and payable, and all or any
part of any cash or securities due and payable, and all or any part of any cash
or securities shall be applied to payment of the costs of complying with any requirement
of the Food Processing Residuals Utilization Permit if the Department has:
(1) Notified the permittee and any corporate surety that the terms
and conditions of the Food Processing Residuals Utilization Permit have not been
complied with, and has specified in the notice the particular noncompliance with
the Food Processing Residuals Utilization Permit terms or conditions;
(2) Given the permittee a reasonable opportunity to correct the deficiencies
and to comply with all of the terms and conditions of the Food Processing Residuals
Utilization Permit; and
(3) Determined that, at the end of a reasonable length of time, some
or all of the noncompliance specified under §G(1) of this regulation remain uncorrected.
.10 Denial of Food Processing Residuals Utilization Permit Application.
A. The Department shall deny an application for a Food Processing
Residuals Utilization Permit if the Department finds that:
(1) The applicant cannot utilize food processing residuals without
causing an undue risk to the environment or the public health, safety, or welfare
as may be determined by the Department;
(2) The applicant is violating:
(a) Agriculture Article, Title 8, Subtitles 8 and 8A, Annotated Code
of Maryland; or
(b) Environment Article, Title 9, Subtitle 3, Part IV, Annotated
Code of Maryland; or
(3) If the application is for storing food processing residuals at
an agricultural operation, the applicant has not obtained any necessary approval
or permits from the county to store this material at this site.
B. The Department may deny an application for a Food Processing Residuals
Utilization Permit if the Department finds that:
(1) The applicant is not in compliance with the sampling and testing
requirements specified in Regulation .06 of this chapter;
(2) The applicant is not in compliance with the record-keeping and
reporting requirements specified in Regulation .07 of this chapter;
(3) The applicant has insufficient
resources to meet the performance bond or other financial securities requirements
of the Food Processing Residuals Utilization Permit;
(4) The applicant has failed
to submit the applicable Food Processing Residuals Utilization Permit Application
fee;
(5) The applicant has failed
to submit information requested by the Department; or
(6) For any other good cause
as determined by the Department including past violations of:
(a) Agriculture Article, Title 8,
Subtitle 8, Annotated Code of Maryland, and regulations adopted thereunder;
(b) Agriculture Article, Title 8,
Subtitle 8A, Annotated Code of Maryland, and regulations adopted thereunder; or
(c) Environment Article, Title 9,
Subtitle 3, Part IV, Annotated Code of Maryland, and regulations adopted thereunder.
.11 Transportation.
A. The Department may issue a Food Processing Residuals Utilization
Permit to transport food processing residuals if the equipment to be used, the operation
plan, and the destination of food processing residuals meet the requirements established
by the Department. A person transporting food processing residuals to an agricultural
operation in conjunction with storing or land-applying this material at this site:
(1) Shall load and unload the material on the agricultural operation’s
premises; and
(2) May not load and unload this material for these activities on
a public road.
B. Liquid food processing residuals shall be transported in closed
watertight vessels or containers.
C. Food processing residuals cake that is less than 75 percent moisture
content may be transported in watertight containers, such as dump truck bodies or
trailers that are sealed to prevent leakage or in closed body vehicles.
D. All State and federal commercial transportation laws must be followed.
.12 Transportation — Permit Application Requirements.
A. An applicant for a Food Processing Residuals Permit shall submit
to the Department a permit application for each site in Maryland where food processing
residuals is to be transported. The applicant shall submit to the Department two
completed copies of the Food Processing Residuals Utilization Permit Application
on a form provided by the Department. The applicant shall also submit a performance
bond, liability insurance, or other form of security required under the provisions
of Regulation .09 of this chapter. The application shall include the following completed
information:
(1) A description of the source, type, and quantity of food processing
residuals to be transported, including any previous treatment the food processing
residuals has received, such as anaerobic digestion, aerobic digestion, lime stabilization,
composting, or dewatering;
(2) A detailed operation plan that includes, when applicable:
(a) A spill or
leak clean-up plan describing the procedures for managing and reporting a food processing
residuals spill or leak;
(b) Procedures
for record keeping and reporting of the food processing residuals to be transported;
(c) Types of equipment
to be used for collection, management, washdown, and other operations; and
(d) Contingency
or emergency plans to manage equipment breakdown, spills, and other emergency events;
(e) The destination
and a detailed description of the final utilization of the food processing residuals
at the destination; and
(f) Other information
that may be requested by the Department.
B. Permit Application Fees. The applicant shall pay the Department
a nonrefundable Food Processing Residuals Utilization Permit Application fee in
accordance with the following schedule:
(1) For a new permit application, $50; and
(2) For a renewal permit application, $50.
.13 Transportation — Record-Keeping and Reporting Requirements for
a Food Processing Residuals Utilization Permit.
A. The permittee shall generate a report containing the following
information and maintain all documents used to generate the report for a period
of 5 years:
(1) The source, type, and quantity of food processing residuals transported;
(2) The dates of transportation of food processing residuals;
(4) The destinations of food processing residuals (i.e., the address
of the agricultural operation);
(5) Other related information regarding the transportation of food
processing residuals as required by the applicable Food Processing Residuals Utilization
Permit; and
(6) Other information that may be requested by the Department.
B. The permittee shall submit semi-annually to the Department two
completed copies of the report required by §A of this regulation for each year the
Food Processing Residuals Utilization Permit is in effect. The permittee shall submit
to the Department the report on a form provided by the Department.
.14 Transportation — Modifications of a Food Processing Residuals
Utilization Permit.
A. The Department may modify a Food Processing Residuals Utilization
Permit for transporting food processing residuals to include a new condition as
may be required by a new law or regulation, to clarify permit conditions, or for
other good cause.
B. The Department may modify a Food Processing Residuals Utilization
Permit for transporting food processing residuals upon request by the permittee
if the following conditions are met:
(1) The permittee submits to the Department a Food Processing Residuals
Utilization Permit modification application on a form provided by the Department,
and all other required information and forms as determined by the Department, with
the application including a description of the proposed modification and an explanation
as to why the modification is needed; and
(2) The Department determines that the proposed modification is in
compliance with the applicable requirements of this chapter and will not cause an
undue risk to the environment or public health, safety, or welfare.
C. The following constitute modifications to a Food Processing Residuals
Utilization Permit for transportation of food processing residuals:
(1) Modification to the types of food processing residuals to be
transported;
(2) The permittee’s name change;
(3) Modification to the sources of food processing residuals to be
transported; or
(4) Other modifications as determined by the Department.
D. If the Department considers a modification application complete
and acceptable, the Department may modify the Food Processing Residuals Utilization
Permit.
E. The Department may deny a modification application if the permittee
is not in compliance with the applicable requirements of this chapter or any of
the terms and conditions of the Food Processing Residuals Utilization Permit or
for other good cause as determined by the Department.
.15 Storage Facility.
A. The Department may not issue a Food Processing Residuals Utilization
Permit to use, install, materially alter, or materially extend a food processing
residuals storage facility until:
(1) The storage facility meets all zoning and local land use requirements
of the county where the storage facility is to be located;
(2) The person seeking the permit has obtained
any necessary county approval or permits to store the material at the permitted
site;
(3)
The person has provided evidence showing that the structure meets:
(a) The NRCS Waste Storage Facility No. 313 Conservation Practice
Standard; or
(b) An equivalent standard as determined by a professional engineer;
B. For an application to renew a permit for
a waste storage facility, sufficient evidence showing that the requirements of §A(3)
of this regulation continue to be met may include:
(1) A visual inspection
of the storage facility by the Department; and
(2) Other evidence determined
by the Department.
C. The Department may issue a Food Processing Residuals Utilization
Permit to use, install, materially alter, or materially extend a food processing
residuals storage facility if the applicant demonstrates that the following conditions
and requirements will be met:
(1) The person seeking the permit has obtained any necessary county
approval or permits to store the material at the permitted site;
(2) The person has provided evidence showing that the structure meets:
(a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard;
or
(b) An equivalent
standard as determined by a professional engineer.
(3) The storage facility is designed, constructed, and operated to
safely store food processing residuals in a manner that will not cause an undue
risk to the environment, public health, or welfare as may be determined by the Department;
(4) Public access to the storage facility shall be controlled;
(5) Any other conditions required by the Department to protect the
public health and the environment.
D. For an application to renew a permit for a waste storage facility,
sufficient evidence showing that the requirements of §C(2) and (4) of this regulation
continue to be met may include:
(1) A visual inspection of the storage facility by the Department;
and
(2) Other evidence determined by the Department.
.16 Storage Facility — Permit Application Requirements.
A. A person applying for a Food Processing Residuals Utilization
Permit shall submit to the Department a separate permit application for each site
where a food processing residuals storage facility is located or is to be installed,
materially altered, or materially extended. A person shall submit to the Department
two completed copies of the Food Processing Residuals Utilization Permit Application
for a new Food Processing Residuals Utilization Permit, a modification to a Food
Processing Residuals Utilization Permit, or a Food Processing Residuals Utilization
Permit renewal on a form provided by the Department. A person shall also submit
a performance bond, liability insurance, or other form of security required under
the provisions of Regulation .09 of
this chapter. The application shall include the following completed information:
(1) If the applicant is not
the owner or operator of the agricultural operation where the storage facility is
located or is to be installed, materially altered, or materially extended, the written consent of the owner or operator of the agricultural
operation to utilize food processing residuals in conjunction with the operation;
(2) A current site plan designating
the property boundary lines, the exact acreage of the site, existing and proposed
storage facility structures, the location of any wells on the site and within 1/2
mile of the site, any residences or buildings on site and within 1/2 mile of the
site, the proximity of the site to major roads in the area and any roads on the
site, and surrounding land uses;
(3) Tax maps and liber and
folio numbers for the parcels of land on which the storage facility exists or will
be installed, materially altered, or materially extended and the names of the legal
owners of the site;
(4) A description of the source,
type, and quantity of food processing residuals to be stored;
(5) Engineering plans showing
that the storage facility meets:
(a) NRCS Waste Storage Facility No. 313 Conservation
Practice Standard;
(b) An equivalent
standard determined by a registered professional engineer prepared, signed, and bearing the seal of the engineer;
(6) The specifications for
any liners or soil sealants used;
(7) A detailed operation plan
that includes, when applicable:
(a) Procedures
for sampling, on-site record keeping, and reporting of the food processing residuals
to be stored;
(b) Methods and
procedures to prevent or control odors and other potential nuisance conditions at
the site;
(c) Contingency
or emergency plans to manage fires, equipment breakdown, spills, and other emergency
events; and
(d) Methods and
procedures for restricting public access to the site;
(8) Information on protection
of water resources, including a description of the methods
to be used for the protection of ground and surface waters of the State.
(9) For a new storage facility, an assessment of the potential environmental
impact of the storage facility;
(10) For manufactured storage
facilities, information showing that it meets:
(a) NRCS Waste Storage Facility No. 313 Conservation
Practice Standard; or
(b) An equivalent
standard determined by a registered professional engineer; and
(11) Other information that
may be requested by the Department.
B.
Permit Application Fees.
(1) The applicant shall pay the Department a nonrefundable Food Processing
Residuals Utilization Permit Application fee in accordance with the following schedule:
(a) For a new permit application, $100; and
(b) For a renewal permit application, $100.
(2) For activities, which involve transportation
or storage of food processing residuals in combination with any other activities
listed in the Food Processing Residuals Utilization Permit Application, the Department
will issue a single Food Processing Residuals Utilization Permit to include all
activities. For combined activities that include the land application of food processing
residuals, the application fees listed for transportation and storage of food processing
residuals in Regulations .12 and .16 of this chapter shall be waived.
.17 Notice to County of a Permit Application.
A. Within 10 days after receiving a permit application that includes
storing food processing residuals in conjunction with an agricultural operation,
the Department shall mail a copy of the application to the chairman of the legislative
body and any elected executive of the county where the food processing residuals
is to be stored.
B. The Department may not issue a permit to operate a storage facility
for food processing residuals in conjunction with an agricultural operation or a
renewal permit unless the applicant has obtained any necessary county approval or
permits to store the material at the site.
C. In its notice to the county under this regulation, the Department
shall request that the county respond to the notice specified in §A of this regulation
within 30 days from its receipt.
.18 Storage Facility — Record-Keeping and Reporting Requirements
for a Food Processing Residuals Utilization Permit.
A. The permittee shall generate a report containing the following
information and maintain all documents used to generate the report for a period
of 5 years:
(1) The source, type, and quantity, including documentation of food
processing residuals received and stored at the storage facility;
(2) The quantity, including documentation of food processing residuals
transported from the storage facility;
(3) The dates of transportation of food processing residuals to and
from the storage facility;
(4) The destination and utilization of food processing residuals
transported from the storage facility;
(5) Other related information regarding the storage facility as required
by the applicable Food Processing Residuals Utilization Permit; and
(6) Other information that may be requested by the Department.
B. The permittee shall submit
to the Department two completed copies of the report required by §A of this regulation
for each year the Food Processing Residuals Utilization Permit is in effect. The
permittee shall submit to the Department the report on a form provided by the Department
and in accordance with a schedule established by the Department.
.19 Storage Facility — Modifications, Material Alterations, or Extensions.
A. The Department may modify a Food Processing Residuals Utilization
Permit to include a new condition as may be required by a new law or regulation,
to clarify permit conditions, or for other good cause.
B. The Department may modify a Food Processing Residuals Utilization
Permit or materially alter or extend a structure for storing food processing residuals
upon request by the permittee if the following conditions are met:
(1) The permittee submits to the Department a completed Food Processing
Residuals Utilization Permit application on a form provided by the Department, and
all other required information and forms as determined by the Department, with the
application including a description of the proposed modification, material alteration
or extension, and an explanation as to why it is needed;
(2) The permittee shall pay the Department a nonrefundable fee in
in the amount of $50; and
(3) The Department determines that the proposed modification, material
alteration, or extension:
(a) Is in compliance
with the applicable requirements of this chapter;
(b) Meets the
NRCS Waste Storage Facility No. 313 Conservation Practice Standard or an equivalent
standard determined by a professional engineer; and
(c) Will not cause
an undue risk to the environment or public health, safety, or welfare; and
(4) The permittee has obtained any necessary county approval or permits
for the proposed change.
D. The Department may deny an application to modify a Food Processing
Residuals Utilization Permit or materially alter or extend a storage facility if
the permittee is not in compliance with the applicable requirements of this chapter
or any of the terms or conditions of the Food Processing Residuals Utilization Permit
or for other good cause as determined by the Department.
.20 Agricultural Land.
A. The Department may issue a Food Processing Residuals Utilization
Permit to apply food processing residuals on agricultural land if the following
requirements are met:
(1) The food processing residuals have been registered by the Department
as a soil conditioner and otherwise meets the requirements of the Department to
be registered as a soil conditioner;
(2) A nutrient management plan is prepared for the site by a certified
and licensed nutrient management consultant in accordance with the requirements
of COMAR 15.20.04, and is in compliance with COMAR 15.20.07 and 15.20.08; and
(3) Expected crop yields submitted to the Department as part of the
Food Processing Residuals Utilization Permit Application are determined to be in
accordance with the requirements in COMAR 15.20.08.
B. The Department may restrict or apply special provisions for the
land application of food processing residuals on fields that are adjacent to or
bordering homes, schools, places of worship, hospitals, legal boundaries of incorporated
municipalities, or other locations of concern as determined by the Department.
C. Food processing residuals may be applied on agricultural land
only if the following requirements are met:
(1) The requirements of §A(1)—(3) of this regulation;
(2) Requirements concerning minimum buffer distances, as follows:
(a) Food processing
residuals may not be applied closer than the minimum buffer distance to a feature
of concern identified in Table 1 of §C(2)(b) of this regulation, unless the Department
establishes an alternate minimum buffer distance in accordance with §C(2)(d) of
this regulation.
(b) Table 1 —
Minimum Buffer Distances
|
Feature of
Concern
|
Minimum Buffer
Distance
|
|
Injection of
FPRs or Surface Application of FPRs with Incorporation
|
|
|
|
|
Bedrock outcrops
|
25 feet
|
|
Field ditches
|
10 feet
|
|
Incorporated
municipality boundary lines
|
400 feet
|
|
Occupied
off-site dwelling
|
100 feet
|
|
Occupied on-site
dwelling
|
100 feet
|
|
Property lines
|
25 feet
|
|
Public roads
|
15 feet from the
edge of the road
|
|
Surface waters
unless Equivalent Best Management Practices are installed
|
100 feet
|
|
Wells, nonpotable
|
25 feet
|
|
Wells, potable
|
100 feet
|
(c) For agricultural
land located within a critical area as identified by the Critical Area Commission
for the Chesapeake and Atlantic Coastal Bays, food processing residuals:
(i) May not be land applied within 100 feet of the Mean High-Water
Line of tidal waters or the landward edge of tidal wetlands; and
(ii) May only
be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High-Water
Line of tidal waters or the landward edge of tidal wetlands;
(d) Except as
otherwise prohibited by law, the Department may modify the minimum buffer distances
established in §C(2)(b) of this regulation as follows:
(i) The Department may increase or decrease the minimum buffer
distance associated with any feature of concern identified in Table 1 of §C(2)(b)
of this regulation;
(ii) The Department
may establish minimum buffer distances for features of concern not identified in
Table 1 of §C(2)(b) of this regulation, such as particular categories of land use;
and
(iii) In modifying
the minimum buffer distances, the Department may consider the food processing residuals
application method, the application rate, adjacent land use, land slopes, vegetated
filter strip, the type and condition of any surrounding bodies of water, and any
other factor considered relevant by the Department;
(3) Requirements concerning slope, as follows:
(a) Unless modified by the Department in accordance with §C(4)(b) of
this regulation, the following requirements concerning slope shall be met:
(i) Food processing residuals may not be applied on a slope that
is greater than 15 percent;
(ii) Liquid food
processing residuals which are surface applied on a slope that is greater than 6
percent shall be applied in accordance with COMAR 15.20.08; and
(iii) Food processing
residuals may be subsurface injected on a slope that is up to 15 percent; and
(b) The limits
of §C(3)(a) of this regulation may be modified by the Department, but only if the
Department determines that sediment and erosion controls or other features at a
site, or both, are sufficient to protect the public health and the environment;
(4) Food processing residuals may not be applied when:
(a) The soil is saturated;
(b) The ground
is flooded, ponded, frozen, or covered with snow; or
(c) Weather conditions
prevent compliance with the requirement to incorporate the food processing residuals
into the soil;
(5) The timing of food processing residuals land application shall
be in accordance with the requirements of COMAR 15.20.08;
(6) Food processing residuals shall be applied in a manner approved
by the Department using conventional agricultural equipment, such as manure spreaders,
spray equipment, or other applicators, or by commercial equipment specifically designed
for food processing residuals application on agricultural land, with all conventional
agricultural and commercial equipment used for agricultural land application required
to be calibrated in accordance with the manufacturer’s recommendations before land
application of the food processing residuals begins;
(7) Food crops harvested off food processing
residuals land application sites shall meet applicable produce safety requirements;
and
(8) Trucks, tractors, and equipment shall be cleaned or otherwise
addressed on the site to prevent drag-out of soil or food processing residuals onto
public roads.
.21 Agricultural Land — Permit Application Requirements.
A. A person applying for a Food Processing Residuals Permit shall
submit to the Department a separate permit application for each agricultural operation
where food processing residuals is to be applied on agricultural land (e.g., the
USDA Farm Service Agency farm and tract number for each operation).
B. The applicant shall submit to the Department two completed copies
of the Food Processing Residuals Utilization Permit Application on a form provided
by the Department. A person shall also submit a performance bond, liability insurance,
or other form of security required under the provisions of Regulation .10 of this
chapter.
C. The Food Processing Residuals Utilization Permit Application to
apply food processing residuals on agricultural land shall include two completed
copies of the following forms provided by the Department and signed and dated not
more than 6 months before the receipt of the Food Processing Residuals Utilization
Permit Application by the Department:
(1) If the applicant is not the owner of the site where food processing
residuals is to be applied, the written consent of the owner (which consent, if
the owner agrees, may be valid for a 2-year period);
(2) A site information form completed and signed by the applicant
and the farmer or operator of the site where food processing residuals is to be
applied; and
D. The Food Processing Residuals Utilization Permit Application to
apply food processing residuals on agricultural land shall include two completed
copies of the following information:
(1) The sources and types of food processing residuals to be applied,
including any treatment the food processing residuals has received, such as anaerobic
digestion, aerobic digestion, dissolved air flotation, composting, or dewatering;
(3) A current site plan that includes:
(a) The location of property boundary lines and field boundaries;
(b) The exact acreage where food processing residual is to be applied;
(c) The location of all buffer distances;
(d) The location of any residences or buildings on site or within
1/2 mile of the site;
(e) An inventory of any domestic, commercial, or municipal wells
on site and within 1/2 mile of the property boundary lines, including water level
for the wells if available;
(f) The location of any on-site stream, spring, seep, pond, drainage
ditch or other body of water;
(g) The location of any on-site area with a slope of 15 percent or
greater;
(h) The location of any on-site bedrock outcropping;
(i) The location of any on-site depression
area;
(j) The surrounding land uses;
(k) Other features as determined by the Department; and
(l) A legend identifying the key features on the site plan;
(4) If required by the Department, the results
of a laboratory analysis of a representative soil sample, which was obtained from
each field not more than 6 months before the receipt of the Food Processing Residuals
Utilization Permit Application by the Department subject to the following:
(a) All soil samples shall be collected from within the field
that would receive food processing residuals in accordance with the requirements
in COMAR 15.20.08;
(b) Soil samples may not be collected from buffer distances,
restricted areas, or other areas that are not subject to the land application of
food processing residuals;
(c) The analysis of the sample was performed by an independent
laboratory or other laboratory acceptable to the Department, using standards, procedures,
and methods that are acceptable to the Department;
(d) If requested by the Department, the results shall be accompanied
by a description of the method or methods of analysis; and
(e) The analytical results include, at a minimum:
(i) pH, cation exchange capacity, and
soil texture;
(ii) If metal analysis has not been previously performed on the
field, total cadmium, total copper, total lead, total nickel, total zinc, and total
phosphorus; and
(iii) Any other constituents in the soil that the Department
determines necessary to adequately assess the potential impact of the project on
public health, safety, and the environment;
(5) A tax map showing the property line, owner, acreage, and liber
and folio numbers;
(6) A detailed operation plan that includes,
when applicable:
(a) Procedures for sampling, record keeping, and reporting of
the food processing residuals to be utilized;
(b) Identification of equipment to be used for land-application
of food processing residuals;
(c) Methods and procedures to prevent or control odors and other
potential nuisance conditions at the site; and
(d) Contingency or emergency plans to manage equipment breakdown,
spills, and other emergency events; and
(7) A list of type of crops or cover species
to be grown, which indicate the crop yields as specified in the nutrient management
plan;
(8) A nutrient management plan that:
(a) Has been prepared
by a certified and licensed nutrient management consultant in accordance with the
requirements of COMAR 15.20.04; and
(b) Is in compliance
with COMAR 15.20.07 and 15.20.08; and
(9) Other information that may be requested by the Department.
E. The Department may reject an analysis of food processing or a
soil sample submitted in accordance with §D(4) of this regulation and require retesting
and resubmittal if the Department determines that the method of analysis is inaccurate,
or for any other good cause.
F. Permit Application Fees.
(1) The applicant shall pay the Department a nonrefundable Food Processing
Residuals Utilization Permit Application fee in accordance with the following schedule:
(a) For a new
permit application, $175; and
(b) For a renewal
permit application, $175.
G. For activities,
which involve transportation or storage of food processing residuals in combination
with any other activities listed in the Food Processing Residuals Utilization Permit
Application, the Department will issue a single Food Processing Residuals Utilization
Permit to include all activities. For combined activities that include the land
application of food processing residuals, the application fees listed for transportation
and storage of food processing residuals in Regulations .12 and .16 of this chapter
shall be waived.
H. Holding Tanks. A person permitted to utilize food processing residuals
for land application in conjunction with an agricultural operation may use a holding
tank for this activity and under this chapter is not required to obtain a permit
from the Department to use the holding tank.
.22 Agricultural Land — Record-Keeping and Reporting Requirements
for a Food Processing Residuals Utilization Permit.
A. The permittee shall generate a report containing the following
information and maintain all documents used to generate the report for a period
of 5 years:
(1) The source, type, and quantity, including documentation of food
processing residuals received and applied on the agricultural land;
(2) The dates of land application of food processing residuals;
(3) The number and size of the fields where food processing residuals
was applied on agricultural land;
(4) Cumulative and annual constituent loading rates including plant-available
nitrogen, P2O5, and K2O;
(5) Other related information regarding the land application of food
processing residuals as required by the applicable Food Processing Residuals Utilization
Permit; and
(6) Other information that may be requested by the Department
B. The permittee shall submit to the Department one completed copies
of the report required by §A of this regulation for each year the Food Processing
Residuals Utilization Permit is in effect. The permittee shall submit to the Department
the report on a form provided by the Department and in accordance with a schedule
established by the Department.
C. Within 60 days of land application of food processing residuals,
the permittee shall provide the farmer or operator and the legal owner of the site
where food processing residuals was applied with a copy of the report required by
§B of this regulation.
.23 Agricultural Land — Modifications of a Food Processing Residuals
Utilization Permit.
A. The Department may modify a Food Processing Residuals Utilization
Permit for land-application of food processing residuals to include a new condition
as may be required by a new law or regulation, to clarify permit conditions, or
for other good cause.
B. The Department may modify a Food Processing Residuals Utilization
Permit upon request by the permittee if the following conditions are met:
(1) The permittee submits to the Department two completed copies
of the Food Processing Residuals Utilization Permit modification application on
a form provided by the Department, and all other required information and forms
as determined by the Department, with the application including a description of
the proposed modification and an explanation as to why the modification is needed;
and
(2)The Department determines that the proposed modification is in
compliance with the applicable requirements of this chapter and will not cause an
undue risk to the environment or public health, safety, or welfare.
C. The following constitutes modifications to a Food Processing Residuals
Utilization Permit for agricultural land application of food processing residuals:
(1) Modification to the site’s nutrient management plan;
(2) Addition of a crop or cover crop;
(3) Adjustment of approved maximum nitrogen per acre requirements
for a different crop or cover crop;
(4) The permittee’s name change;
(5) Addition of a new food processing residuals source or type to
be applied;
(6) Increase in the size of the permitted acreage; or
(7) Other modifications as determined by the Department.
D. If the Department considers a modification application complete
and acceptable, the Department may modify the Food Processing Residuals Utilization
Permit.
E. The Department may deny a modification application if the permittee
is not in compliance with the applicable requirements of this chapter or any of
the terms or conditions of the Food Processing Residuals Utilization Permit or for
other good cause as determined by the Department.
.24 Food Processing Residuals Utilization Permit Term and Renewal.
A. As a requirement for maintaining a Food Processing Residuals Utilization
Permit, the permittee shall:
(1) Comply with the applicable State laws and regulations and with
the terms and conditions of the Food Processing Residuals Utilization Permit;
(2) Maintain a performance bond, liability insurance, or other form
of security as required in Regulation .10 of this chapter;
(3) Allow authorized State to conduct inspections as required in
Regulation .04 of this chapter; and
(4) Provide any other information that may be requested by the Department.
B. The Department may issue a Food Processing Residuals Utilization
Permit to utilize food processing residuals for a term not to exceed 1 year.
C. Except for Food Processing Residuals Utilization Permits for a
storing food processing residuals, the Department may renew a Food Processing Residuals
Utilization Permit if:
(1) The permittee is in compliance with the applicable State laws
and regulations and all of the terms and conditions of the Food Processing Residuals
Utilization Permit;
(2) The permittee is in compliance with any applicable discharge
permit under Environment Article, §9-301, Annotated Code of Maryland;
(3) The permittee submits to the Department 6 calendar weeks before
the expiration date of the current Food Processing Residuals Utilization Permit
or in accordance with the time specified in the current Food Processing Residuals
Utilization Permit a completed Food Processing Residuals Utilization Permit renewal
application on a form provided by the Department, and all other required information
and forms as determined by the Department; and
(4) The permittee pays the Department the required renewal application
fee.
D. For Food Processing Residuals Utilization Permits for storing
food processing residuals, the Department may renew a Food Processing Residuals
Utilization Permit if:
(1) The permittee is in compliance with the applicable State laws
and regulations and all of the terms and conditions of the Food Processing Residuals
Utilization Permit;
(2) The permittee meets the requirements specified in §C(1)—(4) of
this regulation;
(3) The permittee is in compliance with any county approval or permit
to store food processing residuals at the agricultural operation; and
(4) The permittee pays the Department the required renewal application
fee.
E. If the Department considers a renewal application complete and
acceptable, the Department may renew the Food Processing Residuals Utilization Permit.
F. The Department may deny a renewal application to transport or
land apply food processing residuals if the permittee is not in compliance with
the applicable State laws and regulations or any of the terms or conditions of the
Food Processing Residuals Utilization Permit that is subject to renewal.
G. The Department may deny a renewal application to store food processing
residuals if the permittee is not in compliance with the applicable State laws and
regulations, any of the terms or conditions of the Food Processing Residuals Utilization
Permit, or any county approval or permit for storing this material that is subject
to renewal.
.25 Transfer of a Food Processing Residuals Utilization Permit or
Ownership.
A. Thirty days before any change in control or ownership of the permitted
property, site, or facility, the permittee shall:
(1) Provide the succeeding legal owners of the permitted property,
site, or facility by certified mail, with a copy of:
(a) The “Owner’s
Consent Form” signed by the current owners of the permitted property, site, or facility;
and
(b) A copy of the Food Processing Residuals
Utilization Permit for the permitted site or facility; and
(2) Notify the succeeding legal owners of any outstanding permit
noncompliance, and, at the same time, submit to the Department a copy of this notification.
B. Food Processing Residuals Utilization Permits for storing, transporting,
or land-applying food processing residuals are not transferable and are only valid
for the permittee named in the Food Processing Residuals Utilization Permit. In
order for a different person to become the permittee for a Food Processing Residuals
Utilization Permit for these food processing residuals utilization activities, the
new person shall first obtain a new Food Processing Residuals Utilization Permit
from the Department.
.26 Suspension, Revocation, or Modification by the Department.
A. After written notification and an opportunity to request a hearing
by the Department, the Department may suspend, revoke, or modify a Food Processing
Residuals Utilization Permit if the Department finds that:
(1) False or inaccurate information was contained in:
(a) The Food Processing
Residuals Utilization Permit Application;
(b) The information
and forms required as part of the Food Processing Residuals Utilization Permit Application;
or
(c) Information
required as part of the Food Processing Residuals Utilization Permit;
(2) As part of a regulated activity by a permittee, there is or has
been a violation of:
(a) Agriculture
Article, Title 8, Subtitle 8, Annotated Code of Maryland, or regulations adopted
under this subtitle;
(b) Agriculture
Article, Title 8, Subtitle 8A, Annotated Code of Maryland, or regulations adopted
under this subtitle;
(c) Environment
Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, or regulations
adopted under this subtitle;
(d) Applicable
requirements of this chapter; or
(e) Any conditions
in the Food Processing Residuals Utilization Permit;
(3) Substantial deviation from approved plans, specifications, or
requirements has occurred as determined by the Department;
(4) The Department, an authorized representative of the Department,
has been refused entry to the premises for the purpose of inspecting or sampling
to ensure compliance with the terms and conditions of the Food Processing Residuals
Utilization Permit;
(5) Conditions exist which are causing or may cause an undue risk
to the environment or public health, safety, or welfare as may be determined by
the Department;
(6) The permittee has been negligent or incompetent in the utilization
of food processing residuals; or
(7) Any other good cause exists for suspending, revoking, or modifying
the Food Processing Residuals Utilization Permit.
B. Immediate Suspension or Revocation.
(1) Notwithstanding other provisions of this chapter or the terms
and conditions of the Food Processing Residuals Utilization Permit, the Department
may immediately suspend or revoke a Food Processing Residuals Utilization Permit
if the Department determines there is an immediate and substantial threat to the
environment, public health, safety, or welfare.
(2) The Department shall deliver written notice of an immediate suspension
or revocation of a Food Processing Residuals Utilization Permit to the permittee
which does the following:
(a) Informs the permittee of the emergency suspension or revocation;
(b) Cites the statute, regulation, or condition of the permit
with which the permittee has failed to comply that is the basis for the emergency
suspension or revocation;
(c) Specifies the corrective action to be taken by the permittee
and the time period within which the action shall be taken; and
(d) Notifies the
permittee of the right to request a hearing.
(3) The filing of a hearing request does not stay the revocation
or suspension.
C. An opportunity shall be provided for a hearing if the permittee
files a written request with the Department within 10 calendar days of receipt of
the notice of suspension, revocation, or modification of a Food Processing Residuals
Utilization Permit.
D. A hearing provided for in this regulation shall be conducted by
the Department at a designated time and place in accordance with the provisions
of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
E. Actions taken in accordance with this regulation do not preclude
the Department from taking other administrative, civil, or criminal action for violations
of State law, regulations, or terms or conditions of a Food Processing Residuals
Utilization Permit.
F. If the Department suspends or revokes a Food Processing Residuals
Utilization Permit, the Department shall send notice of the suspension or revocation
to the county in which the Food Processing Residuals Utilization Permit is issued
by the Department.
.27 Administrative Penalties.
A. If the Department determines that a person has violated any provision
of Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, any regulation
adopted thereunder, or any condition the permit issued to the person, the Department
may impose a civil penalty up to $5,000 per day, not to exceed $50,000 in total
penalties for that violation.
B. In assessing a civil penalty imposed under §A, of this regulation,
the Department shall give consideration to:
(1) The willfulness of the violation;
(2) The extent to which
the existence of the violation was known to the violator but uncorrected by the
violator;
(3) The extent to which
the violator exercised reasonable care;
(4) The extent the violation resulted in actual harm to the environment
or to human health or safety;
(5) The nature and degree of injury to or interference with general
welfare, health, and property;
(6) The extent to which the current violation is part of a recurrent
pattern of the same or similar type of violation committed by the violator; and
(7) The extent to which the violation creates the potential for harm
to the environment or to human health or safety.
C. Unless a stay has been granted, a person against whom a civil
penalty has been imposed under this regulation shall pay the amount of the penalty
promptly to the Department.
.28 Tonnage Report and Tonnage Fee.
A. A person utilizing food processing residuals at an agricultural
operation in the State shall:
(1) Mail to the Department, on a quarterly basis as provided in §B
of this regulation, a statement showing the following information for each month
within the quarter:
(a) The
total tons of food processing residuals;
(b) The
counties to which it was distributed; and
(c) The form in which the material was shipped, such as bulk
or liquid;
(2) Furnish the Department with a semiannual written statement of
the tonnage of food processing residuals transported to the agricultural operation
showing every delivery of the material transported to the agricultural operation
covering the following applicable 6-month time periods:
(a) January 1 through June 30 of each year
(this statement is due within 31 days after the end of this semiannual period); and
(b) July 1 through December 31 of each year (this statement is due within 31 days after the end of this
semiannual period); and
(3) For these same 6-month time periods, pay a tonnage fee of $4
per wet ton to the Department (this payment is due within 31 days after the end of each semiannual
period) that, after collection, is to be paid to the Comptroller for distribution
into the Food Processing Residuals Administration Fund. B. For each of the quarterly
time periods listed below, the person shall mail to the Department the information
specified in §A of this regulation within 30 days from the close of the applicable
time period:
(a) January 1 through March 31;
(b) April 1 through June 30;
(c) July 1 through September 30; and
(d) October 1 through December 31.
C. If more than one person is involved in the transportation, storage,
and land application of food processing residuals utilized at an agricultural operation,
unless the persons otherwise agree, the person responsible for reporting the tonnage
of material transported to the agricultural operation and paying the tonnage fee
shall be the commercial broker, commercial hauler, or other person permitted to
transport the material to an agricultural operation. Otherwise, this responsibility
shall be performed by the person storing or land-applying this material at this
site. The person responsible for reporting the tonnage of food processing residuals
to the agricultural operation and paying the tonnage fee and shall be identified
in the application or applications to utilize (e.g., transport, store, or land-apply)
this material at the agricultural operation.
D. If the tonnage report is not filed and the tonnage fee is not
paid within 31 days after the end of the semiannual period, a collection fee shall
be assessed against the permittee. The amount of fees due constitute a debt and
may become the basis of a judgment against this person.
E. A person who utilizes food processing
residuals in the State shall keep records necessary or required by the Secretary
to indicate accurately the tonnage of this material utilized in the State. The Secretary
has the right to examine the records to verify any statement of tonnage.
KEVIN ATTICKS
Secretary of Agriculture
Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Notice of Proposed Action
[24-107-P]
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays proposes to:
(1) Amend Regulation .01 under COMAR
27.01.01 General Provisions;
(2) Amend Regulations .01, .01-1, .02, .03,
.04, .05, .06, .06-1, .06-2, .06-3, .07, and .08 and adopt new
Regulations .02-1 and .02-2 under COMAR 27.01.02 Development
in the Critical Area;
(3) Amend Regulations .02—.04 under COMAR
27.01.03 Water-Dependent Facilities and Activities;
(4) Amend Regulations .01 and .02
under COMAR 27.01.05 Forest and Woodland Protection;
(5) Amend Regulation .02 and .03
under COMAR 27.01.06 Agriculture;
(6) Amend Regulations .02 and .03
under COMAR 27.01.07 Surface Mining in the Critical Area;
(7) Amend Regulation .03 under COMAR
27.01.08 Natural Parks;
(8) Amend Regulations .01—.01-3, .01-6,
.01-7, and .02—.05 under COMAR 27.01.09 Habitat Protection Areas
in the Critical Area;
(9) Amend Regulation .01 and adopt new
Regulation .02 under COMAR 27.01.10 Directives for Local Program
Development;
(10) Amend Regulations .04—.06 under COMAR
27.01.11 Directives for Updating Critical Area Maps;
(11) Amend Regulations .06 and .07
under COMAR 27.01.12 Variances;
(12) Amend Regulations .03, .05,
and .06 under COMAR 27.01.14 Renewable Energy Generating Systems;
(13) Amend Regulation .01 under COMAR
27.02.01 General Provisions;
(14) Amend Regulations .01 and .02
under COMAR 27.02.02 State and Local Agency Actions Resulting in Minor Development
on Private Lands or Lands Owned by Local Jurisdictions;
(15) Adopt new Regulation .01 and amend
and recodify existing Regulation .01 to be Regulation .02 under COMAR
27.02.03 General Approval of State and Local Agency Programs Which Result in Minor
Development on Private Lands or Lands Owned by Local Jurisdictions;
(16) Amend Regulations .01 and .02
under COMAR 27.02.04 State or Local Agency Actions Resulting in Major
Development on Private Lands or Lands Owned by Local Jurisdictions;
(17) Amend Regulations .01, .03—.03-2,
.04-1, .04-2, .06, .07, .08-2, .08-3,
.09—.13, and .15—.15-3 under COMAR 27.02.05 State Agency
Actions Resulting in Development on State-Owned Lands;
(18) Amend Regulation .01 under COMAR
27.02.06 Conditional Approval of State or Local Agency Programs in the Critical
Area;
(19) Amend Regulations .01—.04 under COMAR
27.02.07 Commission Review, Decision Process, and Time Frames;
(20) Amend Regulations .01 and .02
under COMAR 27.02.08 Appeals;
(21) Amend Regulations .01—.04 and
repeal existing Regulation .05 under COMAR 27.03.01 Notification of
Project Applications;
This
action was considered and approved by the Critical Area Commission for the
Chesapeake and Atlantic Coastal Bays at an open public meeting on May 1, 2024,
notice of which was given, pursuant to General Provisions Article, §3-302,
Annotated Code of Maryland.
Statement of Purpose
The purpose of this
action is to repeal outdated provisions
and definitions that are not used in the text, perform stylistic changes (bring
text under current Division of State Documents Standards), add new definitions
for clarity, and make corrective changes to reinforce existing provisions or to
remove duplicative language.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Lisa Hoerger, Regulations Coordinator,
Critical Area Commission, 1804 West Street, Suite 100, or call 410-260-3478, or
email to lisa.hoerger@maryland.gov. Comments will be accepted through December
2, 2024. A public hearing has not been scheduled.
Subtitle
01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
27.01.01 General Provisions
Authority: Natural Resources
Article, §§8-1806, 8-1808(c), 8-1808.4(a), 8-1808.5(a), and 8-1811, Annotated
Code of Maryland
.01 Definitions.
A. (text unchanged).
B. Terms Defined.
(1) "Afforestation" [means
the establishment of a tree crop on an area from which it has always or very
long been absent, or the planting of open areas which are not presently in
forest cover] has the meaning stated in Natural Resources Article,
§5-1601(b), Annotated Code of Maryland.
(2)—(3) (text unchanged)
(4) Anadromous Fish.
(a) "Anadromous
fish" means a species of fish that [travel] spawns
in freshwater by traveling upstream [(from their] from its
primary ocean habitat [in the ocean) to freshwaters in order
to spawn].
(b) “Anadromous fish” means
rockfish, yellow perch, white perch, shad, and river herring.
(5) (text unchanged)
(6) ["Barren land"
means unmanaged land having sparse vegetation.] Repealed.
(7) (text unchanged)
(8) Buffer.
(a) "Buffer" means an area
that:
(i) Based
on conditions present at the time of development, is [immediately]
landward from the mean high water line of tidal waters, [the
edge of each bank of a tributary stream, or] from the landward
boundary of a tidal wetland, or from the edge of each bank of a tributary
stream; and
(ii) (text unchanged)
(b) (text unchanged)
(8-1) “Chair” means the Chair of
the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
(9) "Clearcutting" means
the removal of the entire stand of trees in one cutting [with tree
reproduction obtained] of trees reproduced by natural seeding
from adjacent stands or from trees that were cut, from advanced regeneration or
stump sprouts, or from human activity in the planting of seeds or
seedlings [by man].
(9-1) Clearing.
(a) “Clearing” means an activity
that removes trees and vegetative cover from the land.
(b) “Clearing” may include
removing trees and leaving stumps, only if leaving stumps is authorized under
an approved timber harvest plan.
(10)—(14) (text unchanged)
(15) Comprehensive Plan.
(a) "Comprehensive [or
master] plan" means a compilation of policy statements, goals,
standards, maps, and pertinent data relative to the past, present, and future
trends of the local jurisdiction including[, but not limited to,]
its population, housing, economics, social patterns, land use, water resources
and their use, transportation facilities, and public facilities, that is
prepared by or for the planning board, agency, or office.
(b) “Comprehensive plan” includes
a general plan and a master plan.
(16)—(21-1) (text unchanged)
(21-2) Disturbance.
(a) (text unchanged)
(b) "Disturbance" includes
any amount of cutting, clearing, grading, or construction activity.
(c) (text unchanged)
(22) (text unchanged)
(23) ["Ecosystem"
means a more or less self-contained biological community together with the
physical environment in which the community's organisms occur.
(23-1)] (text unchanged)
[(23-2)] (23-1)
(text unchanged)
(24) ["Excess stormwater
runoff" means all increases in stormwater resulting from:
(a) An increase in the lot coverage
on the site, including all additions to buildings, roads, and parking lots;
(b) Changes in permeability caused by
compaction during construction or modifications in contours, including the
filling or drainage of small depression areas;
(c) Alteration of drainageways or
regrading of slopes;
(d) Destruction of forest; or
(e) Installation of collection
systems to intercept street flows or to replace swales or other drainageways.
(24-1)] (text unchanged)
(25)—(27) (text unchanged)
(28) "Forest management"
means the protection, manipulation, and utilization of the forest to provide
multiple benefits, [such as] including timber harvesting,
water transpiration, and wildlife [habitat, etc]
and plant habitats.
(29) ["Forest
practice" means the alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational,
aesthetic, or water quality values.
(29-1)] Habitat Protection
Area.
(a) (text unchanged)
(b) "Habitat protection
area" includes:
(i) The [Buffer]
buffer, as [described in COMAR 27.01.01.01B(8)] defined
in this regulation and set forth in COMAR 27.01.09;
(ii) A nontidal wetland, as
defined in [COMAR 26.24.01.02B] Environment Article, §5-901,
Annotated Code of Maryland, and as applied by the Department of the Environment;
(iii) A habitat of a threatened
species, as defined in this regulation and set forth in COMAR [27.01.09.03A]
27.01.09.03;
(iv) A habitat of an endangered
species, as defined in this regulation and set forth in COMAR [27.01.09.03A]
27.01.09.03;
(v) A habitat of a species in need of
conservation, as defined in this regulation and set forth in COMAR
[27.01.09.03A] 27.01.09.03;
(vi) A plant habitat, as
defined in this regulation and set forth in COMAR [27.01.09.04A]
27.01.09.04;
(vii) A wildlife habitat, as
defined in this regulation and set forth in COMAR [27.01.09.04A]
27.01.09.04; and
(viii) Anadromous fish propagation
waters, as defined and set forth in COMAR [27.01.09.05A]
27.01.09.05.
(30) "Highly erodible [soils]
soil" means [those soils with a] a soil with:
(a) A slope greater than 15
percent [or those soils with a K value]; or
(b) A K-factor greater than
0.35 and [with slopes] a slope greater than 5 percent.
(31) (text unchanged)
(32) "Hydric [soils]
soil" means [soils that are] a soil that is
wet frequently enough to periodically produce anaerobic conditions, thereby
influencing the species composition or growth, or both, of plants on those
soils.
(33) ["Hydrophytic
vegetation" means those plants cited in "Vascular Plant Species
Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are
described as growing in water or on a substrate that is at least periodically
deficient in oxygen as a result of excessive water content (plants typically
found in wet habitats)] Intensely Developed Area.
(a) “Intensely developed area” has
the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of
Maryland.
(b) “Intensely developed area”
includes the provisions of COMAR 27.01.02.03.
(34) (text unchanged)
(35) ["Land-based
aquaculture" means the raising of fish or shell fish in any natural or
man-made, enclosed or impounded, water body] “Landward edge” means
the limit of a site feature that is farthest away from the mean high water line
of tidal waters, from the landward boundary of a tidal wetland, or from the
edge of a bank of a tributary stream.
(36) ["Land
clearing" means any activity that removes the vegetative ground cover.]
Repealed.
(37) ["Landforms"
means features of the earth's surface created by natural causes]
Limited Development Area.
(a) “Limited development area” has
the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of
Maryland.
(b) “Limited development area”
includes the provisions of COMAR 27.01.02.04.
(37-1) "Locally significant
habitat" means a [plant or wildlife] wildlife or plant
habitat that may not be of Statewide significance but, in a local jurisdictions
Critical Area program, is considered to be significant in a local or regional
context because the habitat contains a species:
(a)—(b) (text unchanged)
(37-2)—(39-1) (text unchanged)
(39-2) Modified Buffer Area.
(a) "Modified buffer area"
means an area of land:
(i) Where a
pattern of residential, industrial, commercial, or recreational development
existed in the [100-foot Buffer] first 100 feet of the buffer
on December 1, 1985 in the Chesapeake Bay Critical Area or on June 1, 2002 in
the Atlantic Coastal Bays Critical Area; and
(ii) (text unchanged)
(b) (text unchanged)
(40) "Natural features"
means components and processes present in or produced by nature, including [but
not limited to,] soil types, geology, slopes, vegetation, surface water,
drainage patterns, aquifers, recharge areas, climate, [flood plains,
aquatic life, and wildlife] a floodplain, and fish, wildlife, and
plant habitats.
(41) "Natural heritage
area" [means any communities of plants or animals which are
considered to be among the best Statewide examples of their kind, and are
designated by regulation by the Secretary of the Department of Natural
Resources] has the meaning stated in COMAR 08.03.08.01, as designated
in COMAR 08.03.08.10.
(42) "Natural vegetation"
means [those plant communities that develop] a plant community
that develops in the absence of human [activities] activity.
(43) (text unchanged)
(44) "Nonpoint source
pollution" means [pollution generated by diffuse land use
activities rather than from an identifiable or discrete facility. It is
conveyed to waterways through natural processes, such as rainfall, storm
runoff, or ground water seepage rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by "end-of-pipe"
treatment, but rather, by changes in land management practices] the
introduction of a contaminant into the natural environment that is generated by
diffuse land use activities and is conveyed to a waterway through natural
processes, such as stormwater or groundwater seepage.
(45) (text unchanged)
(46) "Nontidal wetland" has
the meaning stated in [COMAR 26.23.01.01] Environment Article,
§5-901, Annotated Code of Maryland, and as applied by the Department of the
Environment.
(47)—(50) (text unchanged)
(51) ["Physiographic
features" means the soils, topography, land slope and aspect, and local
climate that influence the form and species composition of plant communities.
(51-1)] (text unchanged)
[(51-2)] (51-1)
(text unchanged)
(52) (text unchanged)
(53) ["Private
harvesting" means the cutting and removal of trees for personal use.]
Repealed.
(54)—(57) (text unchanged)
(58) "Reforestation" [means
the establishment of a forest through artificial reproduction or natural
regeneration] has the meaning stated in Natural Resources Article,
§5-1601, Annotated Code of Maryland.
(59) [Repealed.] Resource
Conservation Area.
(a) “Resource conservation area”
has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code
of Maryland.
(b) “Resource conservation area”
includes the provisions of COMAR 27.01.02.05.
(60)—(60-1) (text unchanged)
(61) ["Seasonally flooded
water regime" means a condition where surface water is present for
extended periods, especially early in the growing season, and when surface
water is absent, the water table is often near the land surface.]
Repealed.
(62)—(62-1) (text unchanged)
(63) ["Significantly
eroding areas" means areas that erode 2 feet or more per year.]
Repealed.
(64)—(65) (text unchanged)
(66) “Steep slope” means a slope
with an incline of at least 15 percent.
(67) ["Steep slopes"
means slopes of 15 percent or greater incline.] Stormwater.
(a) “Stormwater” has the meaning
stated in COMAR 26.17.02.02.
(b) “Stormwater” includes runoff
associated with:
(i) An
increase in lot coverage onsite, including all additions to a building, road,
or parking lot;
(ii) A change in permeability
caused by compaction during construction or a modification in contour,
including the filling or drainage of a small depression area;
(iii) Alteration of a drainageway
or the regrading of a slope;
(iv) Destruction of forest and
developed woodland; and
(v) Installation of a collection
system to intercept street flow or to replace a swale or other drainageway.
(67-1) (text unchanged)
(67-2) Subdivision.
(a) “Subdivision” has the meaning
stated in Land Use Article, §1-101, Annotated Code of Maryland.
(b) “Subdivision” includes
division of a parcel under Natural Resources Article, §8-108.2, Annotated Code
of Maryland, and the creation of a condominium regime under Real Property
Article, Title 11, Annotated Code of Maryland.
(68)—(70) (text unchanged)
(71) "Transportation [facilities"
means anything that is built, installed, or established to provide a means of
transport from one place to another] facility” has the meaning stated
in Transportation Article, §3-101, Annotated Code of Maryland.
(71-1)—(72) (text unchanged)
(72-1) “Upland” has the meaning
stated in COMAR 26.24.01.02B.
(73) Utility Transmission
Facility.
(a) "Utility transmission
[facilities] facility" means a fixed [structures
that convey or distribute] structure that conveys or distributes
resources, wastes, or both, including [, but not limited to,]
electric lines, water conduits, and sewer lines.
(b) “Utility transmission
facility” does not include a power plant.
(73-1)—(77-1) (text unchanged)
(78) Wildlife Corridor.
(a) "Wildlife
corridor" means [a strip of land having vegetation that provides
habitat and a safe passageway for wildlife] an area of vegetation
that connects wildlife habitats and provides wildlife habitat and passage.
(b) “Wildlife corridor” includes a
habitat protection area, as defined in this regulation, and a wetland migration
area, as defined in COMAR 27.01.14.01.
79) (text unchanged)
27.01.02
Development in the Critical Area
Authority: Natural Resources
Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland
.01 Definition.
In this chapter, “300-foot setback”
means an area that is at least 300 feet [in width, as measured from the]
landward [boundary] from the mean high water line of tidal
waters or [wetlands,] from the landward boundary of a tidal
wetland that is provided on a growth allocation site in order to provide
habitat and stormwater benefits to supplement benefits required in accordance
with COMAR 27.01.09.
.01-1 Introduction.
The Commission is charged with the
development of criteria that will accommodate growth, and [also]
provide for the conservation of habitat and the protection of water quality in
the Critical Area. In this chapter, criteria are proposed for directing,
managing, and controlling development [(e.g., residential, commercial,
industrial and related facilities)], including residential,
commercial, institutional, industrial, and related facilities, so that the
adverse impacts of growth in the Critical Area are minimized. These criteria
are based on the general policies [found] in Regulation .02 of
this chapter.
.02 General Policies.
A. [In order to recognize already existing land
uses and development in the Critical Area, the Commission recognizes these
three types of development areas:
(1) Intensely developed areas;
(2) Limited development areas; and
(3) Resource conservation areas.
B. Within each jurisdiction, intense
development should be directed outside the Critical Area. Future intense
development activities, when proposed in the Critical Area, shall be directed
towards the intensely developed areas.
C. Additional low intensity
development may be permitted in the limited development areas, but shall be
subject to strict regulation to prevent adverse impacts on habitat and water
quality.
D. Development shall be limited in
the resource conservation area, which shall be chiefly designated for
agriculture, forestry, fisheries activities, other resource utilization
activities and for habitat protection.
E. Local jurisdictions shall identify
each of the three areas within their jurisdiction based on the criteria to
follow, and develop policies and programs to achieve the objectives as proposed
by the Commission.
F. Activities Not Permitted
(1) Certain new development, or
redevelopment activities or facilities, because of their intrinsic nature, or
because of their potential for adversely affecting habitats or water quality,
may not be permitted in the Critical Area except in intensely developed areas
under Regulation .03 of this chapter, and only after the activity or facility
has demonstrated to all appropriate local and State permitting agencies that
there will be a net improvement in water quality to the adjacent body of water.
These activities include the following:
(a) Nonmaritime heavy industry;
(b) Transportation facilities and
utility transmission facilities, except those necessary to serve permitted
uses, or where regional or interstate facilities must cross tidal waters
(utility transmission facilities do not include power plants); or
(c) Permanent sludge handling,
storage, and disposal facilities, other than those associated with wastewater
treatment facilities. However, agricultural or horticultural use of sludge
under appropriate approvals when applied by an approved method at approved
application rates may be permitted in the Critical Area, except in the 100-foot
Buffer.
(2) Local jurisdictions may preclude
additional development activities that they consider detrimental to water
quality or fish, wildlife, or plant habitats within their jurisdictions.
G. Certain new development activities
or facilities, or the expansion of certain existing facilities, because of
their intrinsic nature, or because of their potential for adversely affecting
habitat and water quality, may not be permitted in the Critical Area unless no
environmentally acceptable alternative exists outside the Critical Area, and
these development activities or facilities are needed in order to correct an
existing water quality or wastewater management problem. These include:
(1) Solid or hazardous waste
collection or disposal facilities; or
(2) Sanitary landfills.
H. Existing, permitted facilities of
the type noted in §G(1) and (2), above, shall be subject to the standards and
requirements of the Maryland Department of the Environment, under COMAR Title
26.] The
Commission recognizes these types of land classifications:
(1) Intensely developed areas;
(2) Limited development areas; and
(3) Resource conservation areas.
B. A local jurisdiction shall:
(1) Based on the criteria stated
in Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland,
and in this subtitle, identify each of the land classifications within its
jurisdiction; and
(2) Develop policies and programs
to achieve the objectives proposed by the Commission.
C. The policies and programs
developed under §B(2) of this regulation shall include all of the following
provisions:
(1) Development in each type of
land classification shall be subject to strict criteria in order to prevent
adverse impacts on water quality or fish, wildlife, or plant habitat;
(2) It is preferable to direct
intense development activities outside the Critical Area;
(3) If proposed in the Critical
Area, an intense development activity is appropriately located in an intensely
developed area;
(4) Low intensity development may
be authorized in a limited development area;
(5) Land uses in a resource
conservation area are primarily designated for nature-dominated environments,
such as wetlands, forests, and abandoned fields, and resource-utilization
activities, such as agriculture, forestry, and fishery activities; and
(6) It is a priority to improve
the quality of stormwater entering the Chesapeake or Atlantic Coastal Bays or
their tributary streams.
.02-1 General Criteria.
A. A local jurisdiction shall
maintain areas of public access to the shoreline, and, if possible, encourage
the establishment of additional areas of shoreline access for public use, such
as foot paths, scenic drives, and other public recreational facilities.
B. In developing and updating its
Critical Area program, a local jurisdiction shall refer to all of the following
complementary State statutes and regulations, including:
(1) For soil erosion and sediment
control, management measures shall be consistent with the requirements of
Environmental Article, §§4-101—4-116, Annotated Code of Maryland, and COMAR
26.17.01;
(2) For stormwater runoff,
stormwater management measures shall be consistent with the requirements of
Environmental Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR
26.17.02;
(3) For shore erosion, shoreline
stabilization measures shall be consistent with the requirements of
Environmental Article, Title 16, Annotated Code of Maryland, and COMAR
26.24.04; and
(4) Any other applicable State
statute or regulation.
.02-2 Restricted Activities.
A. Applicability. The provisions
of this regulation may not be construed to limit a local jurisdiction from
restricting an activity or facility if the local jurisdiction considers the
activity or facility to be detrimental to its water quality, or fish, wildlife,
or plant habitat.
B. A local jurisdiction may not
authorize a development activity or facility in the Critical Area if, by its
intrinsic nature, the activity or facility has the potential to cause an
adverse effect on water quality, or fish, wildlife, or plant habitat, unless:
(1) For an activity or facility
such as nonmaritime heavy industry:
(a) It is located within an
intensely developed area;
(b) It fully complies with all
requirements under Regulation .03 of this chapter; and
(c) The owner or operator of the
activity or facility demonstrates to all applicable State and local agencies
that there will be a net improvement in water quality to the adjacent body of
water; or
(2) For an activity or facility
such as a sanitary landfill or a solid or hazardous waste collection or
disposal facility:
(a) There is no environmentally
acceptable alternative outside the Critical Area; and
(b) The activity or facility is
necessary in order to correct a water quality or wastewater management problem.
C. In addition to the requirements
of §B(1) of this regulation, a local jurisdiction may not authorize a
development activity or facility in the Critical Area such as a transportation
facility or a utility transmission facility, unless it is:
(1) A facility that serves a use
identified under the local jurisdiction’s Critical Area program;
(2) A linear regional or
interstate transportation facility that must cross tidal waters; or
(3) A linear regional or
interstate utility transmission facility that must cross tidal waters.
D. In addition to the requirements
of §B(1)(c) of this regulation, a local jurisdiction may not authorize a
development activity or facility in the Critical Area such as a permanent
sludge handling, storage, or disposal activity or facility, unless:
(1) The activity or facility is
associated with a wastewater treatment facility; or
(2) In accordance with an approved
nutrient management plan under Agriculture Article, Title 8, Subtitle 8,
Annotated Code of Maryland, and COMAR 15.20.04 and .06—.08, sludge is applied
on agricultural land that is not in the buffer.
.03 Intensely Developed Areas.
A. Intensely developed areas are
those areas where residential, commercial, institutional, [and/or
industrial,] or industrial
developed land uses predominate, and where relatively little natural habitat
occurs. [These areas] This land classification shall have at least one of the following
features:
(1) Housing density [equal to
or greater than] is at least four dwelling units per
acre;
(2)—(3) (text unchanged)
B. (text unchanged)
C. In developing [their] and
updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall follow all of these policies
when addressing intensely developed areas:
(1) Improve the quality of [runoff]
stormwater from developed areas that enters the Chesapeake or Atlantic
Coastal Bays or their tributary streams;
(2) Accommodate additional
development of the type and intensity designated by the local jurisdiction [provided
that] if water quality is not impaired;
(3) Minimize the expansion of
intensely developed areas into portions of the Critical Area designated as [Habitat
Protection Areas] habitat protection areas under COMAR 27.01.09
and resource conservation areas under Regulation .05 of this chapter;
(4) Conserve and enhance fish,
wildlife, and plant habitats, as identified in COMAR 27.01.09, [to the
extent possible,] within intensely developed areas;
(5) [Prohibit the location of
a road, bridge, or utility in any portion of the Critical Area designated as a
habitat protection area under COMAR 27.01.09, unless there is no feasible
alternative;
(6) If the location of a road,
bridge, or utility in a habitat protection area is authorized under §C(5) of
this regulation, design, construct, and maintain the road, bridge, or utility
so as to:
(a) Provide maximum erosion
protection;
(b) Minimize negative impact on
wildlife, aquatic life, and their habitats; and
(c) Maintain hydrologic processes and
water quality;
(7) Prohibit the location of a
development activity if that development or any related activity would cross or
affect a stream, unless there is no feasible alternative;
(8) If the location of a development
activity is authorized under §C(7) of this regulation, design and construct the
development activity so as to:
(a) Prevent increases in flood
frequency and severity that are attributable to development;
(b) Retain tree canopy and maintain
stream water temperature within normal variation; and
(c) Provide a natural substrate for
affected streambeds;
(9)] Minimize the adverse
water quality and quantity impact of stormwater and encourage the use of
retrofitting measures to address existing stormwater management problems; [and]
[(10)] (6) Cluster future development as a
means to reduce lot coverage and to maximize areas of natural vegetation;
and
(7)
With assistance from the State, establish programs to enhance biological
resources that provide positive effects on water quality and urban wildlife
habitat within the Critical Area, such as urban forestry, landscaping, gardens,
wetlands, and aquatic habitat restoration elements.
D. In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following
criteria for intensely developed areas:
(1) [Local jurisdictions] A local jurisdiction shall develop a strategy to reduce the
impacts on water quality that are generated by existing development. This shall
include an assessment of water quality and
impacts to biological resources prompted by community redevelopment plans
and programs and may further include a public education program, the
implementation of urban best management practices, and the use of such
techniques as are outlined in §D(9)(a)[, below.] of this regulation;
(2) Development and redevelopment
shall be subject to the habitat protection area criteria prescribed in COMAR
27.01.09[.];
(3) [Stormwater.
(a) The] (3)A
local jurisdiction shall require, at the time of development or [redevelopment,
technologies] redevelopment:
(a)
Stormwater best management practices, as required by applicable State and
local ordinances to minimize adverse impacts to water quality caused by
stormwater[.];
(b) [In the case of
redevelopment, if these technologies] If stormwater best management practices do not
reduce pollutant loadings by at least 10 percent below the level of pollution
on the site prior to development or
redevelopment, then [offsets shall be provided.] the local
jurisdiction shall require appropriate offsets; and
(c) [In the case of new
development, offsets as determined by the local jurisdiction shall be used if
they reduce pollutant loadings by at least 10 percent of the predevelopment
levels.
(d)] Offsets may be provided
either on or off site[, provided that water] if:
(i) Water
quality benefits are equivalent[, that their benefits];
(ii) Benefits are obtained
within the same watershed[, and that the benefits can be]; and
(iii) Benefits are determined
through the use of modeling, monitoring, or other computation of mitigation
measures[.];
(4) [Areas of public access to
the shoreline, such as foot paths, scenic drives, and other public recreational
facilities, should be maintained and, if possible, encouraged to be established
within intensely developed areas.
(5)] A local jurisdiction shall
prohibit the location of a road, bridge, or utility in any portion of the
Critical Area designated as a habitat protection area under COMAR 27.01.09,
unless there is no feasible alternative;
(5) If the location of a road,
bridge, or utility in a habitat protection area is authorized under §D(4) of
this regulation, a local jurisdiction shall ensure that the design, construction,
and maintenance of the road, bridge, or utility:
(a) Provides maximum erosion
protection;
(b) Minimizes negative impact on
wildlife, aquatic life, and their habitats; and
(c) Maintains hydrologic processes
and water quality;
(6) A local jurisdiction shall prohibit
the location of a development activity if that development or any related activity
would cross or affect a stream, unless there is no feasible alternative;
(7) If the location of a
development activity is authorized under §D(6) of this regulation, a local
jurisdiction shall ensure that the design and construction of the development
activity:
(a) Prevents increases in flood
frequency and severity that are attributable to the development;
(b) Retains tree canopy and maintains
stream water temperature within a normal variation; and
(c) Provides a natural substrate
for affected streambeds;
(8) Ports and industries which
use water for transportation and derive economic benefits from shore access[,]
shall be located near existing port facilities. Local jurisdictions may
identify other sites for planned future port facility development and use if
this use will provide significant economic benefit to the State or local
jurisdiction and is consistent with the provisions of COMAR 27.01.03.03—.05 and
27.01.09, and other State and federal regulations[.]; and
[(6) Local jurisdictions shall
be encouraged to establish, with assistance from the State, programs for the
enhancement of biological resources within the Critical Area for their positive
effects on water quality and urban wildlife habitat. These programs may include
urban forestry, landscaping, gardens, wetland, and aquatic habitat restoration
elements.
(7)] (9) When the
cutting or clearing of trees in forests and developed woodland areas is
associated with current or planned development activities, all of the
following shall be required:
(a) Establishment of programs for the
enhancement of forest and developed woodland resources such as [programs
for urban forestry (for example,]
urban forestry programs, including street tree plantings,
gardens, landscaping, and open land buffer plantings[)];
(b)—(c) (text unchanged)
.04 Limited Development Areas.
A. Limited development areas are
those areas which are currently developed in low or moderate intensity uses.
They also contain areas of natural [plant and animal] wildlife
and plant habitats, and the quality of [runoff] stormwater
from these areas has not been substantially altered or impaired. [These
areas] This land classification shall have at least one of the following features:
(1)—(2) (text unchanged)
(3) Areas meeting the conditions of
Regulation .03A, but not .03B, of this [regulation] chapter;
or
(4) (text unchanged)
B. In developing [their] and updating its
Critical Area [programs, local jurisdictions] program, a local jurisdiction
shall follow all of these policies when addressing limited development
areas:
(1) [Maintain or, if possible,
improve the quality of runoff and ground water entering the Chesapeake Bay and
its tributaries;
(2)] Maintain, to the extent
practicable, existing areas of natural habitat;
[(3)] (2)
Accommodate additional low or moderate intensity development if:
(a) This development conforms to the
water quality and habitat protection criteria in [§C, below] §§C
and D of this regulation; and
(b) (text unchanged)
[(4)] (3) Reduce
the extent of lot coverage and maximize areas of natural vegetation through
consideration of cluster development when planning for future development.
C. In developing [their] and updating its Critical Area
[programs, local jurisdictions] program, a local jurisdiction
shall [use all of the following criteria] require that a
developer incorporate all of the following general environmental protection criteria
for each development activity in a limited development [areas]
area:
(1) [For all development
activities in the limited development areas, the jurisdiction shall require
that the developer identify any of the following environmental or natural
features and meet all of the following standards of environmental protection:
(a) Criteria as provided for the
habitat protection areas in COMAR 27.01.09, and those for the water-dependent
facilities in COMAR 27.01.03.
(b) Prohibition on the location of a
road, bridge, or utility in any portion of the Critical Area designated as a
habitat protection area under COMAR 27.01.09, unless there is no feasible
alternative.
(c)] If the location of a
road, bridge, or utility in a habitat protection area is authorized under [§C(1)(b)]
§D(1)(b) of this regulation, the
design, construction, and maintenance of the road, bridge, or utility so as
to:
[(i)] (a) Provide
maximum erosion protection;
[(ii)] (b)
Minimize negative impact on fish, wildlife, [aquatic life,]
and their habitats; and
[(iii)] (c) Maintain hydrologic
processes and water quality[.];
[(d)] (2)
Prohibition on the location of a development activity if that development or
any related activity would cross or affect a stream, unless there is no
feasible alternative[.];
[(e)] (3) If the
location of a development activity is authorized under [§C(1)(d)] §C(2) of this regulation, the
design and construction of the development activity so as to:
[(i)]
(a) —[(iii)] (c) (text unchanged)
[(iv)] (d)
Minimize the adverse water quality and quantity impact of stormwater[.];
[(f)] (4) All
development sites shall incorporate a wildlife corridor system that connects
the largest undeveloped, or most vegetated tracts of land within and adjacent
to the site in order to provide continuity of existing wildlife and plant
habitats with offsite habitats. The wildlife corridor system may include
habitat protection areas identified in
COMAR 27.01.09. [Local jurisdictions] A local jurisdiction
shall ensure the maintenance of the wildlife corridors by requiring the
establishment of conservation easements, restrictive covenants, or similar
instruments through which the corridor is preserved by public or private
groups, including [homeowners] homeowner associations, nature trusts, and other
organizations[.];
[(2)] (5) For
the cutting or clearing of trees in [forests] forest and
developed woodland areas which are associated with current or planned
development activities in the limited development area, [all
jurisdictions] a local
jurisdiction shall:
(a) Require that the developer
consider the recommendations of the [Forestry Programs and the Fish,
Heritage and Wildlife Administration of the] Department of Natural
Resources when planning development on forested lands;
(b) [Provide regulations]
Require that development activities be designed and implemented to
minimize destruction of woodland vegetation; and
(c) Provide protection for forests
and developed woodlands identified as habitat protection areas in COMAR
27.01.09[.];
[(3)] (6) For
the alteration of forest and developed [woodlands] woodland
areas in the limited development area, [the] a local
jurisdiction shall apply all of the following criteria:
(a) The total acreage in forest and
developed [woodlands] woodland within a jurisdiction in
the Critical Area shall be maintained or, preferably, increased;
(b) (text unchanged)
(c) If a developer is authorized to
clear more than 20 percent of a forest or developed [woodlands] woodland
on a lot or parcel, the developer shall replace the forest or developed [woodlands]
woodland at 1.5 times the areal extent of the forest or developed [woodlands]
woodland cleared, including the first 20 percent of the forest or
developed [woodlands] woodland cleared;
(d) A developer may not clear more
than 30 percent of a forest or developed [woodlands] woodland
on a lot or parcel, unless the local jurisdiction:
(i)—(ii)
(text unchanged)
(e) If a developer is authorized to
clear any percentage of forest or developed [woodlands] woodland
from forest use under [§C(3)] §C(6) of this regulation,
the remaining percentage shall be maintained through recorded, restrictive
covenants or similar instruments[.];
[(4)](7) [In
addition] For forest and woodland development, a local [jurisdictions]
jurisdiction shall adhere to all of the following criteria [for
forest and woodland development]:
(a) [Local programs] A
local program shall make provision for surety to be provided by owners or
developers in an amount acceptable to the local jurisdiction and suitable to
assure satisfactory replacement as required by [§C(3)] §C(6)
of this regulation;
(b) Local permits or approvals
shall be required before forest or developed woodland is cleared;
(c) Forests and developed woodlands
which have been cleared before obtaining a local permit or approval, or
that exceed the maximum clearing allowed in [§C(3)] §C(6)
of this regulation shall be replanted at three times the areal extent of the
cleared forest and developed woodlands;
(d) If the areal extent of the site
limits the application of [§C(3)] §C(6) and [(4)(c)]
(7)(c) of this regulation, a local jurisdiction may develop alternative
provisions or reforestation guidelines [may be developed by the local
jurisdiction, if they are consistent] that:
(i) In
accordance with the intent and requirements of COMAR 27.01.05, [to]
conserve the forest and developed woodland resources of the Critical Area; [alternative
provisions may] and
(ii) May include fees-in-lieu
provisions if the fee is adequate to ensure the restoration or establishment of
an equivalent forest or developed woodland area;
(e) (text unchanged)
(f) All forests designated on
development plans shall be maintained, to the extent practicable,
through conservation easements, restrictive covenants, or other protective
instruments;
(g) (text unchanged)
(h) The afforested area shall be
maintained as forest cover through easements, restrictive covenants, or other
protective instruments[.];
[(5)](8) [Development]
Disturbance on [slopes equal to or greater than] a
slope measuring at least 15 percent, as measured before [development]
disturbance, shall be prohibited unless the [project] disturbance
is the only effective way to [maintain or improve the stability of]
stabilize the slope and is consistent with the policies in §B of this
regulation[.];
[(6)] (9) A
local jurisdiction shall limit lot coverage on a parcel in accordance with all
of the following maximums:
(a)—(b) (text unchanged)
(c) In the case of a growth
allocation award:
(i) (text
unchanged)
(ii) 15 percent of the acreage
proposed for growth allocation deduction[.]; and
[(7) Local jurisdictions shall
allow for modifications in road standards to reduce potential impact to the
site and Critical Area resources, where the reduced standards do not
significantly affect safety.
(8) Development may be allowed]
(10) A local jurisdiction may authorize development activity on soils
having development constraints if [it] the jurisdiction
includes mitigation measures that [adequately]:
(a) Adequately address the
identified constraints; and [that will]
(b) Will not have significant
adverse impacts on water quality or [plant, fish, or wildlife] fish,
wildlife, or plant habitat.
D. In [developing their
Critical Area programs, the local jurisdictions shall refer to all of the
following complementary existing State laws and regulations:
(1) For soil erosion and sediment
control, management measures shall be consistent with the requirements of
Environment Article, §§4-101—4-116, Annotated Code of Maryland, and COMAR
26.17.01; and
(2) For stormwater runoff, stormwater
management measures shall be consistent with the requirements of Environment
Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02] addition
to the general environmental protection criteria required under §C of this
regulation, a local jurisdiction shall require that a developer incorporate all
of the following criteria, as applicable to each development activity in a
limited development area:
(1) For a habitat protection area:
(a) Criteria as provided in §C(5)(c)
of this regulation and in COMAR 27.01.09; and
(b) Prohibition on the location of
a road, bridge, or utility in any portion of the Critical Area designated as a
habitat protection area under COMAR 27.01.09, unless there is no feasible
alternative; and
(2) For a water-dependent facility
or activity, criteria as provided in COMAR 27.01.03.
.05 Resource Conservation Areas.
A. Resource conservation areas are
those areas characterized by nature-dominated environments [(that is]
such as, wetlands, forests, or abandoned fields[)],
and resource-utilization activities [(that is] such as,
agriculture, forestry, fisheries activities, or aquaculture[)]. [These
areas] This land classification shall have at least one of the
following features:
(1)—(2) (text unchanged)
B. In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall follow all of these policies
when addressing resource conservation areas:
(1) (text unchanged)
(2) Provide adequate breeding,
feeding, and wintering habitats for [those] wildlife populations
that require the Chesapeake [Bay, its] and Atlantic Coastal
Bays, their tributaries, or coastal habitats in order to sustain [populations
of those] their species;
(3) Conserve the land and water
resource base that is necessary to maintain and support land uses such as
agriculture, forestry, fisheries activities, and aquaculture; [and]
(4) Conserve the existing developed
woodlands [and forests], forests, and riparian areas for
the water quality benefits that they provide;
(5) Promote agricultural and
conservation easements;
(6) Encourage tax incentives or
other incentive or disincentive programs that promote the continuation of
agriculture, forestry, and natural habitats; and
(7) Consider cluster development,
transfer of development rights, maximum lot size provisions, and any other
means likely to maintain the land area necessary to support the protective uses.
C. In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following criteria for
resource conservation areas:
(1) Land use management practices
shall be consistent with the policies and criteria for habitat protection areas
in COMAR 27.01.09, the policies and criteria for agriculture in COMAR 27.01.06,
and the policies and criteria [on] for forestry in COMAR
27.01.05[.];
(2) [Agricultural and
conservation easements shall be promoted in resource conservation areas.
(3) Local jurisdictions are
encouraged to develop tax or other incentive/disincentive programs to promote
the continuation of agriculture, forestry, and natural habitats in resource
conservation areas.
(4)] Land within the resource
conservation area may be developed for residential uses at a density not to
exceed one dwelling unit per 20 acres. A local jurisdiction [may]:
(a) Shall calculate and track
density rights that are to be recorded on a subdivision plat; and
(b) May not authorize a
variance to the maximum density of one dwelling unit per 20 [acres.
Within this limit of overall density, minimum lot sizes may be determined by
the local jurisdiction. Local jurisdictions are encouraged to consider such
mechanisms as cluster development, transfer of development rights, maximum lot
size provisions, and/or additional means to maintain the land area necessary to
support the protective uses.] acres;
[(5)] (3)
Existing industrial and commercial facilities, including those that directly
support agriculture, forestry, aquaculture, or residential development not
exceeding the density specified in [§C(4),] §C(2) of this
regulation, shall be allowed in resource conservation areas[.];
[(6)] (4)
Additional industrial or commercial facilities may not be located in the
resource conservation area unless the use is authorized by a local program[.];
[(7)] (5)
Institutional facilities may not be located in the resource conservation area
unless the use is authorized by a local program[.];
[(8)] (6) A
commercial, institutional, or industrial solar energy generating system may be [permitted]
authorized in accordance with COMAR 27.01.14[.];
[(9)] (7) [Local
jurisdictions] A local jurisdiction shall develop a program to
assure that the overall acreage of forest and woodland within [their]
its resource conservation areas does not decrease[.];
[(10)] (8)
Development activity within the resource conservation area shall be consistent
with the criteria for limited development areas in Regulation .04 of this
chapter[.]; and
[(11)] (9)
Limitations on lot coverage on a parcel shall be in accordance, as
applicable, with the following maximums:
(a)—(b) (text unchanged)
D. [Nothing in this regulation
shall limit the ability of a participant in the Agricultural Easement Program
to convey real property impressed with such an easement to family members
provided that no such conveyance will result in a density greater than 1 dwelling
unit per 20 acres] Notwithstanding any other provision of law, a
participant in an agricultural easement program may convey real property
impressed with an agricultural easement to a family member, if the conveyance
will not result in a density greater than one dwelling unit per 20 acres.
.06 Growth Allocation — Minimum Local
Program Requirements.
A. A local jurisdiction shall
calculate its growth allocation based on 5 percent of the total resource
conservation area in its [critical area] Critical Area at
the time of original approval of the local jurisdiction’s program by the
Commission, excluding:
(1)—(2) (text unchanged)
B.—C. (text unchanged)
D. If a local jurisdiction has within
its territorial limits an area that is subject to the Chesapeake Bay Critical
Area program and an area that is subject to the Atlantic Coastal Bays Critical
Area program, the growth allocation for that jurisdiction may be utilized
within either [critical area] Critical Area in accordance
with Natural Resources Article, §8-1808.1(d), Annotated Code of Maryland.
E. (text unchanged)
.06-1 Growth Allocation Submittal
Requirements.
A. The Commission may not accept for
processing a growth allocation request unless all of the following are provided
at the time of submittal:
(1)—(5) (text unchanged)
(6) For the following resources, as
appropriate for the project site and each government agency, a preliminary
review and comment from the Department of the Environment, Department of
Natural Resources, Maryland Historical Trust, and U.S. Army Corps of Engineers
regarding:
(a)—(c) (text unchanged)
(d) [Plant and wildlife
habitat] Wildlife and plant habitats and waterfowl staging and
concentration areas;
(e)—(g) (text unchanged)
(7)—(8) (text unchanged)
B. The conceptual site development
plan and environmental features map required under §A(3) and (4) of this
regulation shall each include:
(1)—(15) (text unchanged)
(16) A delineation of the buffer [as
measured from the mean high water line of tidal waters or the landward boundary
of a tidal wetland or a tributary stream];
(17)—(18) (text unchanged)
(19) [Unless the Commission
determines an otherwise acceptable period of time, a] A
field-delineated location and description of the extent of a nontidal wetland,
including the buffer from that nontidal wetland, that is [less]:
(a) In accordance with the
provisions of COMAR 26.23.01; and
(b) Unless the Commission
determines an otherwise acceptable period of time, less than 2 years old[,
including the 25-foot buffer from that nontidal wetland];
(20)—(28) (text unchanged)
.06-2 Environmental Report.
A. The environmental report required
under Regulation .06-1A(5) of this chapter shall include all of the
following:
(1)—(14) (text unchanged)
B.—C. (text unchanged)
.06-3 Requirements for New Intensely
Developed Areas and Limited Development Areas.
A. Definition. In §§E, F, and G(1) of
this regulation, “consistency with” or “consistent with” a jurisdiction’s
adopted comprehensive plan means that a standard or factor will further, and
not be contrary to:
(1) For a growth allocation
application that is to be located in a priority funding area, in accordance
with State Finance and Procurement Article, §§5-7B-02 and 5-7B-03, Annotated
Code of Maryland, all of the following items in the plan:
(a)—(e) (text unchanged)
(2) For a growth allocation
application that is not to be located in a priority funding area, all of the
following items in the plan:
(a)—(c) (text unchanged)
B.—D. (text unchanged)
E. [A] Except as
authorized under §F of this regulation, a local jurisdiction shall use all
of the following standards when locating new intensely developed areas or
limited development areas:
(1)—(3) (text unchanged)
(4) Locate a new intensely developed
area or limited development area in a resource conservation area at least 300
feet [beyond the landward boundary of tidal wetlands or tidal waters]
landward from the mean high water line of tidal waters or from the landward
boundary of a tidal wetland, unless the local jurisdiction proposes, and
the Commission approves, alternative measures for enhancement of water quality
and habitat that provide greater benefits to the resources; and
(5) (text unchanged)
F. (text unchanged)
G. When reviewing a map amendment or
refinement involving the use of growth allocation, the Commission shall
consider all of the following factors:
(1)—(8) (text unchanged)
H. (text unchanged)
.07 Grandfathering.
A. After program approval, local
jurisdictions shall [permit] allow the continuation, but
not necessarily the intensification or expansion, of any use in existence on
the date of program approval, unless the use has been abandoned for more than 1
year or is otherwise restricted by existing local ordinances. If any existing
use does not conform with the provisions of a local program, its
intensification or expansion may be [permitted] authorized
only in accordance with the variance procedures outlined in COMAR 27.01.12.
B. Local jurisdictions shall
establish grandfather provisions as part of their local Critical Area programs.
Except as otherwise provided, local jurisdictions shall [permit the
types of land described in the following subsections to be developed]
allow the development of the types of land described in the following
subsections in accordance with density requirements in effect prior to the
adoption of the local Critical Area program, notwithstanding the density
provisions of this [chapter. A local jurisdiction shall permit a]
chapter:
(1) A single lot or parcel of
land that was legally of record on the date of program approval to be developed
with a single family dwelling, if a dwelling is not already placed there,
notwithstanding that [such development] the single family
dwelling may be inconsistent with the density provisions of the approved
local program[.];
[(1)](2) (text
unchanged)
[(2)](3) Any
legal parcel of land, not being part of a recorded or approved subdivision,
that was recorded as of December 1, 1985, and land that was subdivided into
recorded, legally buildable lots, where the subdivision received the local
jurisdiction's final approval prior to June 1, 1984, [provided that]
if:
(a) (text unchanged)
(b) [If any such]
The land has received a building permit subsequent to December 1, 1985 but
prior to local program approval, and is located in a resource conservation
area, then the acreage of that land shall be [counted by the
local jurisdiction against the growth increment permitted in that area]
deducted from the total growth allocation allotted to the local jurisdiction
under [COMAR 27.01.02.06] Regulation .06 of this chapter,
unless the Commission determines at the time of program approval that steps had
been taken to conform the development to the criteria in this subtitle insofar
as possible;
[(3)](4) [Land]
In accordance with Natural Resources Article, §8-1813, Annotated Code of
Maryland, land that was subdivided into recorded, legally buildable lots,
where the subdivision received the local jurisdiction's final approval between
June 1, 1984 and December 1, 1985; and
[(4)] (5) Land
that was subdivided into recorded, legally buildable lots, where the
subdivision received the local jurisdiction's final approval after December 1,
1985, [provided that either development] if:
(a) Development of any such
land conforms to the criteria in this subtitle[, or the area of the land
is counted by the local jurisdiction against the growth increment permitted];
or
(b) The acreage of that land is
deducted from the total growth allocation allotted to the local jurisdiction
under Regulation .06 of this chapter.
C. For purposes of implementing this
regulation, a local jurisdiction shall have determined, based on land uses and
development in existence on December 1, 1985, which land areas fall within the
three types of [development areas] land classifications
described in this chapter.
D. (text unchanged)
.08 Lot Consolidation and
Reconfiguration.
A. Definition.
(1) In this regulation, the following
term has the meaning [indicated] stated.
(2) [Defined Term—Conforming]
Conforming.
(a) (text unchanged)
(b) "Conforming" does not
include a parcel or lot:
(i) (text
unchanged)
(ii) That is in the [Resource
Conservation Area] resource conservation area and is less than 20
acres.
B.—C. (text unchanged)
D. A local jurisdiction shall include
in its local Critical Area program specific, written procedures and
requirements for the consolidation and reconfiguration of any legal parcels of
land and recorded, legally buildable lots that demonstrate how the proposed
consolidation or reconfiguration:
(1) Will, to the extent possible:
(a) (text unchanged)
(b) Conserve or create additional or
enhanced fish, wildlife, and plant [habitat] habitats; and
(c) (text unchanged)
(2) (text unchanged)
E. (text unchanged)
F. A local jurisdiction may not
approve a proposed parcel or lot consolidation or reconfiguration unless the
local jurisdiction makes written findings that:
(1)—(6) (text unchanged)
(7) The proposed consolidation or
reconfiguration provides:
(a) (text unchanged)
(b) Benefits to fish, wildlife, and
plant [habitat] habitats that are clearly identified; and
(8) (text unchanged)
G. Final Written Decision or Order.
(1) (text unchanged)
(2) [After] Within
10 business days after the issuance of a final written decision or order [is
issued], the local jurisdiction shall send to the Commission a
copy of the decision or order and, if applicable, the approved development plan
[within 10 business days by U.S. mail to the Commission's business
address].
H.—I. (text unchanged)
27.01.03 Water-Dependent
Facilities and Activities
Authority: Natural Resources
Article, §§8-1808(d) and 8-1808.3, Annotated Code of Maryland
.02 Policy.
In developing and updating its
Critical Area program, a local jurisdiction shall provide design and locational
criteria to assure that a water-dependent facility or activity has minimal
individual and cumulative impact on water quality and fish, wildlife, and plant
[habitat] habitats in the Critical Area.
.03 General Criteria.
In developing and updating its
Critical Area program, a local jurisdiction:
A. (text unchanged)
B. Except as otherwise provided in
this chapter, may approve a water-dependent facility or activity in the buffer
of an intensely developed area or a limited development area if:
(1)—(2) (text unchanged)
(3) Adverse impacts on water quality
and fish, wildlife, and plant [habitat] habitats are first
avoided or, if unavoidable, minimized; and
(4) (text unchanged)
C.—E. (text unchanged)
.04 General Requirements for the
Location of Water-Dependent Facilities or Activities.
A.—B. (text unchanged)
C. In developing the plan required
under §B of this regulation, a local jurisdiction shall document how each of
the following siting factors is accorded due consideration:
(1)—(3) (text unchanged)
(4) The avoidance or, if [unavoidable]
avoidance is not possible, the minimization of:
(a) Disturbance to:
(i)—(iii)
(text unchanged)
(iv) In accordance with [COMAR
26.08.02.04-1] COMAR 26.08.02.04-2, a water body identified by
the Department of the Environment as a Tier II, high quality water body and its
watershed; [and]
(v) In accordance with COMAR
26.08.02.04-3, a water body identified by the Department of the Environment as
a Tier III, outstanding natural resource water body and its watershed; and
(vi) A nontidal wetland of
special State concern, as set forth in COMAR 26.23.01.01 and .04,
and COMAR [26.23.06.01] 26.23.06;
and
(b) Adverse impact on water quality
that would likely result from the facility or activity, such as nonpoint source
[runoff] pollution, sewage discharge, or other pollution
related to vessel maintenance.
27.01.05 Forest and Woodland
Protection
Authority: Natural Resources
Article, §§8-1806 and 8-1808(d), Annotated Code of Maryland
.01 Policies.
In developing [their] and
updating its Critical Area [programs, local jurisdictions] program,
a local jurisdiction shall follow all of these policies in regard to
forest and developed woodland protection:
A.—B. (text unchanged)
C. Provide that the removal of trees
associated with development activities [shall be] is minimized
and, where appropriate, [shall be] mitigated; and
D. Recognize that forests are a
protective land use [and should] to be managed [in
such a manner] so that maximum values for [wildlife,]
water quality, wildlife, timber, recreation, and other resources [can
be] are maintained, recognizing that, in some cases, these uses
may be mutually exclusive.
.02 Criteria.
In developing [their] and
updating its Critical Area [programs, local jurisdictions] program,
a local jurisdiction shall use all of the following criteria:
A. Where forests or developed
woodlands occur within a local [jurisdictions] jurisdiction,
the local [jurisdictions] jurisdiction shall develop a
forest preservation plan as part of [their] its Critical
Area program. These plans are to be developed in cooperation with the [Forestry
Programs and the Fish, Heritage and Wildlife Administration of the]
Department of Natural Resources and other appropriate agencies.
B. (text unchanged)
C. Where forests or developed
woodland occur within the local jurisdiction's Critical Area, local policies
and programs for tree cultural operations in the Critical Area shall include
all of the following:
(1) A forest management plan shall be
required for all timber harvesting occurring within any 1-year interval and
affecting 1 or more acres in forests and developed woodland in the Critical
Area. The plans shall be prepared by a registered professional forester and be
reviewed and approved by [the Forestry Programs and the Fish, Heritage
and Wildlife Administration of] the Department of Natural Resources
through the [District Forestry Boards] district forestry
boards and the project forester, and filed with an appropriate designated
agency within their local jurisdiction. Plans shall include measures to protect
surface and ground water quality and identify whether the activities will
disturb or affect habitat protection areas as identified in COMAR 27.01.09, and
incorporate protection measures for these areas as specified by the local
jurisdictions. To provide for the continuity of habitat, the plans shall
address mitigation through forest management techniques which include
scheduling size, timing and intensity of harvest cuts, afforestation, and
reforestation.
(2) A sediment control plan shall be
required for all harvests of at least 5,000 square feet [or more]
of disturbed area in the Critical Area, including harvesting on agricultural
lands. This plan shall be developed according to the State guidelines entitled:
"Standard Erosion and Sediment Control Plan for Forest Harvest
Operations." The operations shall be implemented in accordance with
specifications set out by [the Forestry Programs and the Fish, Heritage
and Wildlife Administration of] the Department of Natural Resources[,]
and enforced by the Department of Natural Resources or the local jurisdictions.
(3) The cutting or clearing of trees
within the [100-foot Buffer] buffer, as described in COMAR
27.01.09, shall be in accordance with that chapter.
27.01.06
Agriculture
Authority: Natural Resources
Article, §8-1808(d), Annotated Code of Maryland
.02 Policies.
In developing and updating its
Critical Area program, a local jurisdiction shall follow these policies when
addressing agriculture:
A. (text unchanged)
B. Recognize that agriculture is a
protective land use that should be properly managed so that it minimizes its
contribution to pollutant loadings to the Chesapeake and Atlantic [coastal
bays] Coastal Bays and their tributaries.
.03 Criteria.
A.—B. (text unchanged)
C. Each agricultural protection plan
developed under §B of this regulation shall:
(1) Consist of:
(a)—(b) (text unchanged)
(c) A program to maintain
agricultural land in agricultural use and to protect water quality and plant
and wildlife [habitat] habitats, which shall at least include:
(i)—(iii)
(text unchanged)
(2) (text unchanged)
27.01.07 Surface Mining in the
Critical Area
Authority:
Natural Resources Article, §8-1808(d), Annotated Code of Maryland
.02 Policies.
In developing and updating its
Critical Area program, a local jurisdiction shall ensure that due consideration
is accorded to:
A. When locating a surface mining
activity, avoidance or, [in the alternative] if unavoidable,
minimization of:
(1)—(2) (text unchanged)
B. (text unchanged)
.03 Criteria.
In developing and updating its
Critical Area program, a local jurisdiction shall:
A. (text unchanged)
B. Designate each portion of the
Critical Area that is unsuitable for surface mining and prohibit surface mining
in those locations, including:
(1)—(2) (text unchanged)
(2) An area where highly erodible
soil exists; and
(3) An area that is within 100 feet [immediately]
landward from the mean high water line of tidal waters, from
the landward boundary of a tidal wetland,
or from the edge of [a] each bank of a tributary stream,
unless:
(a)—(b) (text unchanged)
C.—D. (text unchanged)
27.01.08
Natural Parks
Authority:
Natural Resources Article, §8-1808(d), Annotated Code of Maryland
.03 Criteria.
In developing [their] and updating its Critical
Area [programs, local jurisdictions] program, a local
jurisdiction shall use all of the following criteria:
A. [Local jurisdictions]
A local jurisdiction shall identify areas within [their] its Critical
Area where natural parks could be established, and consider conserving these
features through acquisitions, easements, designation, or other appropriate
means. Parks should not be chosen to preserve only natural curiosities, but
they should be planned to include examples of coastal ecosystems that are found
within the jurisdiction, each with its geological and biological resources
intact. Park boundaries should be based on biological necessity rather than
administrative convenience.
B. [Any plans] Plans
developed for the use of parks should recognize that all natural terrain has a
finite capacity to tolerate human disturbances and, therefore, [should
give utmost attention to limiting] should limit the number of
park visitors in any park at any one time or in the course of a season.
27.01.09 Habitat Protection Areas
in the Critical Area
Authority: Natural Resources
Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of
Maryland
.01 Buffer.
A.
(text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(5-1) “Ecosystem” means a more or
less self-contained biological community together with the physical environment
in which the community’s organisms occur.
(6)—(8) (text unchanged)
(9) ["Landward edge"
means the limit of a site feature that is farthest away from a tidal water,
tidal wetland, or tributary stream.] Repealed.
(10)—(19) (text unchanged)
(20) ["Upland
boundary" means the landward edge of a tidal wetland or a nontidal
wetland.] Repealed.
C. Policies. In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following
policies with regard to the buffer:
(1) Provide for the removal or
reduction of sediments, nutrients, and potentially harmful or toxic substances
in runoff entering the [Bay and its] Chesapeake and Atlantic
Coastal Bays or their tributaries;
(2)—(5) (text unchanged)
D. (text unchanged)
E. Buffer Standards.
(1)—(2) (text unchanged)
(3) Except for the buffer widths
under §E(5)—(7) of this regulation and based on existing field conditions, a
local jurisdiction shall require the measurement of a buffer of at least 100
feet [landward from]:
(a) [The] Landward
from the mean high water line of tidal waters;
(b) [The edge] From
the landward boundary of [each bank of a tributary stream]
a tidal wetland; and
(c) [The upland boundary of a
tidal wetland] From the edge of each bank of a tributary stream.
(4) To calculate the buffer widths
under §E(5)—(7) of this regulation, a local jurisdiction shall require the
measurement of the buffer [landward] from the points specified
under §E(3) of this regulation.
(5) If a local jurisdiction grants
final local approval for a subdivision or a site plan in [the Resource
Conservation Area] a resource conservation area on or after July
1, 2008, the local jurisdiction shall require:
(a) A buffer of at least 200 feet
landward from the mean high water line of tidal waters or from
the landward boundary of a tidal wetland; and
(b) (text unchanged)
(6) (text unchanged)
(7) If a buffer is contiguous to a
steep slope, a nontidal wetland, a nontidal wetland of special State concern
under COMAR [26.23.06.01] 26.23.06, a hydric soil, or a
highly erodible soil, a local jurisdiction shall expand the buffer width
required under §E(3) or (5)(a) of this regulation and shall calculate the
extent of that expansion in accordance with all of the following
requirements:
(a) (text unchanged)
(b) [A nontidal wetland of
special State concern to include the wetland and its regulated 100-foot buffer;
(c)] In accordance
with COMAR 26.23.01.01B;
(i)
A nontidal wetland [that is not a nontidal wetland of special State
concern,] to [the] its upland boundary [of
the nontidal wetland]; and
(ii) A nontidal wetland of special
State concern to include the wetland and its regulated 100-foot buffer; and
[(d)] (c) A
highly erodible soil on a slope less than 15 percent or a hydric soil, to the
lesser of:
(i) The
landward [edge] boundary; or
(ii) (text unchanged)
(8) (text unchanged)
.01-1 Buffer Establishment.
A. Applicability.
(1) The requirements of this
regulation are applicable to:
(a) A development or redevelopment
activity that occurs on a lot or parcel that includes a buffer [to tidal
waters, a tidal wetland, or a tributary stream] if that development or
redevelopment activity is located outside the buffer; and
(b) The approval of a subdivision
that includes a buffer [to tidal waters, a tidal wetland, or a tributary
stream].
(2)—(3) (text unchanged)
B.—D. (text unchanged)
.01-2 Mitigation and Planting
Standards.
A. Applicability. The requirements of
this regulation are applicable to a development or redevelopment activity that
occurs on a lot or parcel that includes a buffer [to tidal waters, a
tidal wetland, or a tributary stream] when that development or
redevelopment activity is located inside the buffer.
B.—S. (text unchanged)
.01-3 Buffer Management Plans.
A. (text unchanged)
B. A local jurisdiction shall require
an applicant proposing a development activity to submit a buffer management
plan if:
(1) (text unchanged)
(2) Disturbance to the buffer will
result from the issuance of an authorization, including a:
(a)—(g) (text unchanged)
(h) Permit or other approval by
a local health department for the installation, repair, or replacement of a
septic system.
C.—D. (text unchanged)
E. A local jurisdiction may not issue
a permit or other approval for a development activity under Regulation
.01-1 or .01-2 of this chapter unless the local jurisdiction has approved the
buffer management plan submitted under §C of this regulation.
F.—J. (text unchanged)
.01-6 Agricultural Activities.
A. (text unchanged)
B. Agriculture is authorized in the
buffer, if, as a minimum agricultural best management practice, a vegetated
filter strip of at least 25 feet, measured landward from the mean high water
line of tidal [waters or tributary streams or from the edge of tidal
wetlands] waters, from the landward boundary of a tidal wetland, or
from the edge of each bank of a tributary stream, whichever is [further]
farther inland, is established, and if:
(1)—(2) (text unchanged)
(3) The filter strip is maintained
until the landowner is implementing, under a soil conservation and water
quality plan, a program of agricultural best management practices for the
specific purposes of improving water quality and protecting [plant and]
wildlife [habitat] and plant habitats, and if the portion
of the soil conservation and water quality plan being implemented achieves the
water quality and habitat protection objectives of the filter strip;
(4) The feeding or watering of
livestock does not occur within 50 feet [of] measured landward
from the mean high water line of tidal [water and tributary streams
or from the edge of tidal wetlands] waters, from the landward
boundary of a tidal wetland, or from the edge of each bank of a tributary
stream, whichever is [further] farther inland;
(5)—(6) (text unchanged)
.01-7 Tree Clearing and Timber
Harvesting.
A. [The] In
accordance with all of the following requirements, the buffer shall be
managed to achieve or enhance the functions stated in Regulation .01 of this [chapter.
Cutting or clearing of trees within the buffer shall be prohibited except that
commercial harvesting] chapter:
(1) Except as authorized under §A(2)
of this regulation, a person may not cut or clear trees within the buffer; and
(2) The commercial harvesting
of trees [by selection or by the clearcutting of loblolly pine and tulip
poplar] may be [permitted to within 50 feet of the landward edge
of the mean high water line of tidal waters and perennial tributary streams, or
the edge of tidal wetlands] authorized if:
(a) The commercial harvesting is
by:
(i)
Selection cutting; or
(ii) The clearcutting of loblolly
pine or tulip poplar;
(b) The cutting or clearing is at
least 50 feet:
(i)
Landward from the mean high water line of tidal waters;
(ii) From the landward boundary of
a tidal wetland; and
(iii) From the edge of each bank
of a tributary stream;
[(1)](c) [This] The cutting does
not occur in the habitat protection areas described in COMAR [27.01.09.02,
.03, .04, and .05] 27.01.09.02.—05; and
[(2)] (d) The
cutting is conducted [pursuant to] in conformance with the
requirements of COMAR 27.01.05 and in conformance with a buffer management plan
prepared by a registered, professional forester and approved by the [Forestry
Programs and the Fish, Heritage and Wildlife Administration of the]
Department of Natural Resources.
B. The buffer management plan
shall be required for all commercial harvests within the buffer, regardless of
the size of the area to be cut, and shall contain the following minimum
requirements:
(1)—(3) (text unchanged)
C. Commercial harvesting of trees, by
any method, may be [permitted] authorized up to the edge
of each bank of an intermittent [streams provided that] stream
if the cutting is conducted [pursuant to] in conformance
with the requirements of [§A(1)] §A(2)(c) of this
regulation.
.02 Nontidal Wetlands.
The provisions of COMAR 26.23.01
apply to nontidal wetlands in the Critical Area. A person conducting a
regulated activity within nontidal wetlands in the Critical Area shall obtain a
permit or other authorization from the Department of the Environment.
Nothing in this regulation may be interpreted as altering any requirements for
development activities set out in this subtitle.
.03 Threatened and Endangered Species
and Species in Need of Conservation.
A.—B. (text unchanged)
C. Criteria. In developing and
updating its Critical Area program, a local jurisdiction shall use all of
the following criteria:
(1) Protection of the habitats of
threatened and endangered species and species in need of conservation in
cooperation with the expertise of the Department of Natural Resources and other
appropriate public agencies and private [organizations.] organizations;
and
(2) (text unchanged)
.04 Plant Habitat and Wildlife
Habitat.
A. (text unchanged)
B. Policies. In developing and
updating its Critical Area program, a local jurisdiction shall use all of
the following policies:
(1) Conserve [plant and]
wildlife and plant habitats in the Critical Area;
(2) Protect [plant and]
wildlife and plant habitats that tend to be least abundant or which may
become less abundant in the future if current land use trends continue;
(3) Protect [plant and]
wildlife and plant habitats which are required to support the continued
presence of species protected under the provisions of Natural Resources
Article, Title 8, Subtitle 18, Annotated Code of Maryland, and this title;
(4) Protect [plant and]
wildlife and plant habitats which are determined to be locally
significant habitats; and
(5) (text unchanged)
C. Criteria. In developing and
updating its Critical Area program, a local jurisdiction shall use all of
the following criteria:
(1) Include a [plant and]
wildlife and plant habitat protection program as an element of its
Critical Area program. Each program shall be developed using the expertise of
the Department of Natural Resources, the U.S. Fish and Wildlife Service, other
appropriate agencies, and adjacent jurisdictions[.];
(2) Ensure that each [plant
and] wildlife and plant habitat protection program consists of:
(a) Identification of the following [plant
and] wildlife and plant habitats in the Critical Area:
(i)—(iii)
(text unchanged)
(iv) Forests utilized as breeding
areas by forest interior dwelling birds and other wildlife species, such as
relatively mature forests within the Critical Area of at least 100 acres
[or more,] or forest connected with these breeding areas;
(v) Other areas which may in the
future be identified by State and federal agencies as important [plant
or] wildlife or plant habitat;
(vi) Other [plant and]
wildlife and plant habitats determined to be of local significance; and
(vii) Designated natural heritage
areas[.];
(b) Programs to conserve or protect
the [plant and] wildlife and plant habitats identified in
§C(2)(a) of this regulation[. Program objectives should] that
include:
(i) The
establishment of buffers for nesting sites of colonial nesting water birds so that
these sites are protected from the adverse impacts of development and from
disturbance during the breeding season[.];
(ii) The location of new
water-dependent facilities so as to prevent disturbance to sites of
significance to wildlife, such as aquatic staging and concentration areas for
waterfowl[.];
(iii) Protection measures, including
a buffer where appropriate, for other [plant and] wildlife and
plant habitats identified in §C(2)(a)(v) of this regulation[.];
(iv) Protection and conservation of
forests required to support wildlife species identified in §C(2)(a)(iii) and
(iv) of this regulation by developing management programs which have as their
objective the conservation of wildlife that inhabit or use the areas. The
programs should assure that development or the clearing or cutting of trees is
conducted so as to conserve riparian habitat and forest interior dwelling birds
and their habitat. Management measures may include incorporating appropriate
wildlife protection elements into forest management plans, cluster zoning, or
other site design criteria which provide for the conservation of [plant
and] wildlife and plant [habitat] habitats.
Measures may also include soil conservation plans that have [plant and]
wildlife and plant habitat protection provisions appropriate to the
areas identified in §C(2)(a)(iii) and (iv) of this regulation and incentive
programs which use the acquisition of easements and other similar techniques[.];
(v) When development or cutting or
clearing of trees occurs in a forest, a requirement that, to the extent
practicable, corridors of existing forest or woodland vegetation be maintained
to provide effective connections among wildlife habitats[.]
(vi) The protection of [plant
and] wildlife and plant habitats considered to be locally
significant habitats[.] habitats; and
(vii) The protection of a natural
heritage area from alteration resulting from development or cutting or clearing
so that the structure and species composition of the area are maintained[.];
and
(c) The determination of the
existence and extent of [plant and] wildlife and plant
habitats and the development of appropriate protection measures for these
habitats shall result from a cooperative effort among a local jurisdiction,
public agencies, and private organizations.
.05 Anadromous Fish Propagation
Waters.
A. [Definition.
"Anadromous fish propagation waters" means those streams that are
tributary to the Chesapeake Bay where spawning of anadromous species of fish
(e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or
has occurred. The streams are designated by the Tidewater Administration. For
purposes of this regulation, "streams" refers to designated
anadromous fish propagation waters within the Critical Area]
Definitions. In this regulation, the following terms have the meanings indicated:
(1) “Anadromous fish propagation
waters” means a tributary stream of the Chesapeake Bay or the Atlantic Coastal
Bays that has been designated by the Department of Natural Resources as waters
in which the spawning of an anadromous species occurs or has occurred.
(2) “Stream” means anadromous fish
propagation waters in the Critical Area that have been designated by the
Department of Natural Resources.
B. Policies. In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following
policies with regard to anadromous fish:
(1)—(3) (text unchanged)
C. Criteria.
(1) In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following criteria:
(a) The installation or introduction
of concrete riprap or other artificial surfaces onto the bottom of natural
streams shall be prohibited unless it can be demonstrated that water quality
and fisheries habitat can be improved[.];
(b) Channelization or other physical
alterations which may change the course or circulation of a stream and thereby
interfere with the movement of fish shall be prohibited[.];
(c) [Local jurisdictions]
A local jurisdiction shall develop policies and programs for avoiding
adverse impacts of any activities occurring on those portions of any watershed
within the Critical Area which drain into anadromous fish spawning [steams]
streams. These policies and programs shall address at least the
following objectives:
(i) (text
unchanged)
(ii) [Maintain or, if
practicable, improve] Improve or, if improvement is not possible,
maintain water quality and habitat in streams;
(iii) (text unchanged)
(iv) [Maintain or, if
practicable, increase] Increase or, if an increase is not possible,
maintain the natural vegetation of the watershed[.]; and
(d) [Local jurisdictions are]
Each local jurisdiction is encouraged to adopt [land-use] land
use policies and programs in watersheds outside the Critical Area to
minimize the impacts of any activities on anadromous fish spawning streams.
(2) In developing [their]
and updating its Critical Area [programs, local jurisdictions]
program, a local jurisdiction shall use all of the following complementary
State [laws] statutes and regulations:
(a) Environment Article, Title 5,
Subtitle 5, Annotated Code of Maryland;
(b) [The] In
accordance with COMAR 26.17.04.05, the construction or placement of dams or
other structures that would interfere with or prevent the movement of spawning
fish or larval forms in streams shall be prohibited. If practical, the removal
of existing barriers shall be effected [(COMAR 08.05.03.05).];
[(b) Local jurisdictions]
(c) A local jurisdiction shall assure that the construction, repair, or
maintenance activities associated with bridges or other stream crossings or
with utilities and roads, which involve disturbance within the [Buffer]
buffer or which occur instream, as described in COMAR [08.05.03.11B(5)]
26.17.04.11B(5), shall be prohibited between March [1] 15
and [May] June 15, inclusive; and
(d) Any other applicable State
statute or regulation.
27.01.10 Directives for Local
Program Development
Authority: Natural Resources
Article, §§8-1806, 8-1808(c)(d), and 8-1811, Annotated Code of Maryland
.01 [Criteria] Program Elements Required.
In developing [and],
updating, and implementing its Critical Area program, a local
jurisdiction shall use all of the following general program criteria:
A. The minimum standards of the
program elements set forth under Natural Resources Article, §8-1808(c),
Annotated Code of Maryland, shall be applicable;
B. In accordance with all
of the following requirements, each jurisdiction shall inventory or map, or
both, or identify the most recently completed inventory or map, or both, of a
federal or State agency in order to monitor the natural resources and
resource-based uses located within its Critical Area:
(1) The inventory shall include:
(a)—(h) (text unchanged)
(i) [Plant
and wildlife] Wildlife and plant habitats;
(j)—(k) (text unchanged)
(2) Mapping of resources and
resource-based uses listed under [§A(1)] §B(1) of this
regulation shall be at a scale that is relevant to the local jurisdiction and
of sufficient detail to assess the potential impacts of proposed land use
changes on the quality and quantity of local water resources and on local
wildlife and plant habitats[.];
[B.] C. The
mapping of intensely developed, limited development, and resource conservation
areas shall be in accordance with Natural Resources Article, §8-1807, Annotated
Code of Maryland, and COMAR 27.01.02[.];
[C.] D. [Local]
Each local permitting and approval [processes] process
shall be coordinated so that cumulative impacts of regulated activities can be
readily assessed[.];
[D.] E. [Local
jurisdictions] Each local jurisdiction shall maintain records of
the area of land that converts from resource conservation area to intensely
developed or limited development areas and that converts from limited
development areas to intensely developed areas[.];
[E.] F. The
local program document shall, if applicable, include[, but not be
limited to]:
(1)—(4) (text unchanged)
(5) [A water-dependent
facilities] In accordance with COMAR 27.01.03, a planning process
[for identifying] to identify suitable areas[.]
for water-dependent facilities and activities;
[F.] G. [Jurisdictions]
Each local jurisdiction shall review and revise local ordinances, plans,
programs, and regulations that are inconsistent with the intent of the policies
and criteria in this subtitle. At a minimum, and if applicable, the review and
revisions shall include:
(1) Comprehensive [or master]
plans;
(2) (text unchanged)
(3) Comprehensive solid waste plans
and any other [health/environment-related plans and ordinances, for
example, regulation for] health or environmental ordinances, plans,
programs, and regulations, such as septic system placement;
(4)—(6) (text unchanged)
(7) Growth management ordinances[.];
[G.] H. The
local program document shall include a statement of the local agencies
involved, their responsibilities and their coordination with each other and
appropriate State, federal, or private organizations[.];
[H.] I. [Local jurisdictions] Each
local jurisdiction shall demonstrate that [the] its
local [regulations and programs] ordinances, plans, programs,
and regulations proposed to meet the criteria in this regulation are
enforceable[.]; and
[I. Each jurisdiction shall
attempt to establish cooperative arrangements with adjacent jurisdictions and
with State and federal agencies concerning the policies and objectives for
lands within and adjoining the jurisdiction's Critical Area.
J. Local jurisdictions are encouraged
to apply protection measures similar to those contained in their Critical Area
program to land disturbances beyond the Critical Area boundary in an effort to
protect or enhance water quality and to conserve plant and animal habitats of
the Critical Area.
K. Local jurisdictions are encouraged
to establish a program that provides tax benefits to landowners who wish to
donate conservation easements, and consider other financial incentives as
provided for in Maryland State law, and are encouraged to identify other
appropriate protection measures which may include: acceptance of donations,
acquisition of easements, or fee simple purchase. Funding mechanisms for this
protection may include, but not be limited to, federal and State programs,
local bonding authority, or donations from private organizations.
L. Local jurisdictions are encouraged
to establish an education program as a means by which landowners in the
Critical Area may be informed of the intent of the law, the status of the local
program, and sources of additional information and assistance.
M. The establishment of buffer areas
around sites of special significance (that is, habitat protection areas) is not
intended to restrict or affect, beyond any existing local, State, or federal
laws or regulations or on private land, any private restrictions, such
activities as noncommercial passive recreation (for example, hiking and nature
photography), educational pursuits, scientific observation, or hunting,
trapping, or fishing.
N. The program] J. Each
local jurisdiction shall require that all project approvals [shall
be] are based on findings that [projects are]
each project is consistent with the following goals of the Critical Area
Law and Program, as stated in Natural Resources Article, Title 8, Subtitle
18, Annotated Code of Maryland, COMAR Title 27, and any local program provision
approved by the Commission:
(1) Minimize adverse impacts on water
quality that result from pollutants [that are] or stormwater
discharged from structures [or conveyances or that have runoff from],
conveyances, or surrounding lands;
(2) Conserve fish, wildlife, and
plant [habitat]habitats; and
(3) (text unchanged)
[O. Counties and
municipalities within their political boundaries are encouraged to develop
their Critical Area protection programs cooperatively so that programs can be
developed more efficiently and so that common land use objectives can be
realized.]
.02 Policies.
A. Each local jurisdiction is
encouraged to establish:
(1) Cooperative arrangements with
adjacent jurisdictions and with State and federal agencies concerning the
policies and objectives for lands within and adjoining the jurisdiction’s
Critical Area;
(2) A program that provides tax
benefits or other financial incentives available under State or local law to
landowners who donate conservation easements, that identifies appropriate land
protection measures including acceptance of donations, acquisition of
easements, or fee simple purchase, and allows for funding mechanisms that
include federal and State programs, local bonding authority, or donations from
private organizations; and
(3) An education program as a
means by which landowners in the Critical Area may be informed of the intent of
the law, the status of the local program, and sources of additional information
and assistance.
B. Each local jurisdiction is
encouraged to apply protection measures similar to those contained in their
Critical Area program to land disturbances beyond the Critical Area boundary in
an effort to protect or enhance water quality and to conserve wildlife and
plant habitats of the Critical Area.
C. Counties and municipalities
within their political boundaries are encouraged to develop their Critical Area
protection programs cooperatively so that programs can be developed more
efficiently and so that common land use objectives can be realized.
27.01.11 Directives for Updating
Critical Area Maps
Authority: Ch. 119, Acts of 2008, §§1—4
.04 Mapping Methodology for the
Assessment of Physical Features.
A. Using the source information under
Regulation .03 of this chapter, the Department and the Commission shall
digitize the shoreline and the [edge of tidal wetlands] landward
boundary of a tidal wetland.
B.—F. (text unchanged)
G. The Department and the Commission,
in collaboration with a local jurisdiction, shall maintain the Critical Area
layer of the Statewide Base [map] Map.
H. Each map of the Critical Area
layer of the Statewide Base [map] Map shall include:
(1)—(4) (text unchanged)
.05 Mapping Methodology for Critical
Area Classifications.
A. The Department, the Commission,
and the local jurisdiction shall:
(1) In accordance with the standards
under Regulation .04 of this chapter and in cooperation with the Department of
the Environment, review the digitized shoreline and the landward [edge]
boundaries of tidal wetlands that are indicated on the working draft
map;
(2)—(4) (text unchanged)
B.—J. (text unchanged)
.06 Process for Approval of an
Updated Critical Area Map.
A. Upon completion of a local
jurisdiction’s review of a working draft map, including its proposed [critical
area] Critical Area classifications for all areas newly included
in the Critical Area, the Department and the Commission shall incorporate all
necessary revisions and prepare a summary draft map for the local jurisdiction.
B. The Department and the Commission
shall deliver to the local jurisdiction a summary draft map of that
jurisdiction’s Critical Area that:
(1) Identifies the shoreline and
landward [boundary] boundaries of tidal wetlands by use of
the most recent aerial imagery or the best available aerial imagery of
comparable scale; and
(2) (text unchanged)
C.—E. (text unchanged)
F. Upon the completion of all public
hearings and the comment period, the local jurisdiction shall amend its local
Critical Area program by approving all elements of the summary draft map,
including;
(1) The shoreline and landward [boundary]
boundaries of tidal wetlands;
(2)—(3) (text unchanged)
G.—I. (text unchanged)
27.01.12
Variances
Authority: Natural Resources
Article, §§8-1806 and 8-1808, Annotated Code of Maryland
.06 After-the-Fact Variance
Procedures.
A. A local jurisdiction may not
accept an application for a variance to legalize a violation of this subtitle,
including an unpermitted or otherwise authorized structure or other
development activity, until the local jurisdiction[;]:
(1)—(2) (text unchanged)
B.—C. (text unchanged)
.07 Variance Appeals.
A. (text unchanged)
B. An appeal may be filed by:
(1) (text unchanged)
(2) The [Chairman]
Chair, even if the [Chairman] Chair was not a party to
or is not specifically aggrieved by the action or decision.
C. A local jurisdiction may not issue
a permit or any other type of authorization for the activity that was
the subject of the variance application until the applicable 30-day appeal
period has elapsed.
27.01.14 Renewable Energy Generating
Systems
Authority: Natural Resources Article,
§§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland
.03 General Provisions.
A. On or after April 1, 2021, a local
jurisdiction may authorize:
(1)—(2) (text unchanged)
(3) A small residential accessory
solar energy generating system in the buffer or in a modified buffer area if:
(a)—(b) (text unchanged)
(c) [Provided mitigation]
Mitigation is required at a 1:1 ratio.
B. (text unchanged)
C. A local jurisdiction may authorize
a major and minor solar energy generating system in a modified buffer area in
accordance with a local Critical Area program [provided] if
the project is located over existing legally developed lot coverage as
described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.
D.—F. (text unchanged)
.05 Criteria for a Major Solar Energy
Generating System in the Resource Conservation Area.
A. (text unchanged)
B. Except for access allowed in
accordance with Regulation .04C of this chapter and in accordance with the
provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest
clearing within 300 feet [beyond the] landward [boundary]
from the mean high water line of tidal [waters or tidal
wetlands] waters, from the landward boundary of a tidal wetland,
or from the edge of each bank of a tributary stream.
C.—H. (text unchanged)
.06 Planting Plan Requirements.
A. Based on the constraints and
opportunities presented by a project area, a local jurisdiction shall select
from the following options to address the requirements for a planting plan in
Regulation [.04D] .04E and F of this chapter:
(1) Plant on-site in one of the
following planting areas:
(a) The area within 300 feet [beyond
the] landward [boundary] from the mean high water line
of tidal [waters or tidal wetlands] waters, from the landward
boundary of a tidal wetland, or from the edge of each bank of a
tributary stream;
(b)—(c) (text unchanged)
(2) If a local jurisdiction has in
place an agreement with the Commission:
(a)—(b) (text unchanged)
(c) Create, restore, or enhance a
nontidal wetland that results in habitat and water quality benefits [provided]
if it is authorized by the [Maryland] Department of the
Environment; or
(d) (text unchanged)
(3) (text unchanged)
B.—E. (text unchanged)
Subtitle
02 DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY
PROGRAMS
27.02.01
General Provisions
Authority: Natural Resources
Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of
Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) "Afforestation" [means
the establishment of a tree crop on an area from which it has always or very
long been absent, or the planting of open areas which are not presently in
forest cover] has the meaning state in Natural Resources Article, §5-1601
(b), Annotated Code of Maryland.
(1-1)—(2) (text unchanged)
(3) "Anadromous fish" [means
fish that travel upstream (from their primary habitat in the ocean) to
freshwaters in order to spawn] has the meaning stated in COMAR 27.01.01.01.
(4)—(5) (text unchanged)
(6) [Buffer.
(a)] "Buffer" [means
an area that:
(i) Based
on conditions present at the time of development, is immediately landward from
mean high water of tidal waters, the edge of each bank of a tributary stream,
or the landward boundary of a tidal wetland; and
(ii) Exists or may be established in
natural vegetation to protect a stream, tidal wetland, tidal waters, or
terrestrial environment from human disturbance.
(b) "Buffer" includes an
area of:
(i) At
least 100 feet, even if that area was previously disturbed by human activity;
and
(ii) Expansion for contiguous areas,
including a steep slope, hydric soil, highly erodible soil, nontidal wetland,
or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01]
has the meaning stated in COMAR 27.01.01.01.
(6-1)
“Chair” has the meaning stated in COMAR 27.01.01.01.
(7) "Clearcutting" [means
the removal of the entire stand of trees in one cutting with tree reproduction
obtained by natural seeding from adjacent stands or from trees that were cut,
from advanced regeneration or stump sprouts, or from planting of seeds or
seedlings by man] has the meaning stated in COMAR 27.01.01.01.
(7-1) “Clearing” has the meaning stated in COMAR 27.01.01.01.
(7-2) "Climate" means a
long-term trend in weather that extends over multiple decades.
[7-2)] (7-3)
(text unchanged)
(8) "Cluster development" [means
a residential development in which dwelling units are concentrated in a
selected area or selected areas of the development tract so as to provide
natural habitat or other open space uses on the remainder] has the
meaning stated in COMAR 27.01.01.01.
(8-1)—(9) (text unchanged)
(10) ["Commercial
harvesting" means a commercial operation that would alter the existing
composition or profile, or both, of a forest, including all commercial cutting
operations done by companies and private individuals for economic gain] has
the meaning stated in COMAR 27.01.01.01.
(11) "Commission" [means
the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays] has
the meaning stated in COMAR 27.01.01.01.
(12) (text unchanged)
(13) [Critical Area.
(a)] "Critical Area"
[means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays
Critical Area except areas excluded under Natural Resources Article,
§8-1807(d), Annotated Code of Maryland.
(b) "Critical Area"
includes:
(i) The
initial planning area of the Chesapeake Bay Critical Area consisting of all
waters of and lands under the Chesapeake Bay and its tributaries to the head of
tide as indicated on the State wetlands maps, and all State and private
wetlands designated under Environment Article, Title 16, Annotated Code of
Maryland;
(ii) The initial planning area of the
Atlantic Coastal Bays Critical Area consisting of all waters of and lands under
the coastal bays and their tributaries to the head of tide as indicated on the
State wetlands maps, and all State and private wetlands designated under Title
16 of the Environment Article;
(iii) Except in accordance with
§B(13)(b)(iv) of this regulation, all water and land areas within 1,000 feet
beyond the landward boundaries of State or private wetlands and the heads of
tides designated under Environment Article, Title 16, Annotated Code of
Maryland;
(iv) All water and land areas within
1,000 feet beyond the landward boundaries of State or private wetlands as shown
on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the
process of transition from reliance on the State wetlands maps to the Statewide
base maps has occurred and these maps were approved by the Commission; and
(v) Modification to these areas
through inclusions or exclusions proposed by local jurisdictions and approved
by the Commission as specified in Natural Resources Article, 8-1807, Annotated
Code of Maryland] has the meaning stated in COMAR 27.01.01.01.
(13-1)—(14) (text unchanged)
(15) "Developed woodlands" [means
an area of trees or an area of trees and natural vegetation that is
interspersed with residential, commercial, industrial, institutional, or
recreational development] has the meaning stated in COMAR 27.01.01.01.
(16) ["Ecosystem"
means a more or less self-contained biological community together with the
physical environment in which the community's organisms occur.]
(17) (text unchanged)
[(17-1)] (18)
(text unchanged)
[(18) "Excess stormwater
run-off" means all increases in stormwater resulting from:
(a) An increase in the lot coverage
on the site, including all additions to buildings, roads, and parking lots;
(b) Changes in permeability caused by
compaction during construction or modifications in contours, including the
filling or drainage of small depression areas;
(c) Alteration of drainageways or
regrading of slopes;
(d) Destruction of forest; or
(e) Installation of collection
systems to intercept street flows or to replace swales or other drainageways.]
(19)—(21) (text unchanged)
(22) "Forest management" [means
the protection, manipulation, and utilization of the forest to provide multiple
benefits, such as timber harvesting, water transpiration, wildlife habitat, etc] has the meaning stated in COMAR 27.01.01.01.
(23) ["Forest
practice" means the alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational, or water
quality values] “Habitat protection
area” has the meaning stated in COMAR 27.01.01.01.
(24) "Highly erodible [soils"
means those soils with:
(a) Slopes greater than 15 percent;
or
(b) A K value greater than 0.35 and
with slopes greater than 5 percent] soil” has the meaning stated in
COMAR 27.01.01.01.
(25) "Hydric [soils"
means soils that are wet frequently enough to periodically produce anaerobic
conditions, thereby influencing the species composition or growth, or both, of
plants on those soils] soil” has the meaning stated in COMAR 27.01.01.01.
(26) ["Hydrophytic
vegetation" means those plants cited in "Vascular Plant Species
Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are
described as growing in water on a substrate that is at least periodically
deficient in oxygen as a result of excessive water content (plants typically
found in wet habitats).] Repealed.
(27) (text unchanged)
(28) ["Land
clearing" means any activity that removes the vegetative ground cover] “Landward
edge” has the meaning stated in COMAR 27.01.01.01.
(29) (text unchanged)
(29-1)
Major Development.
(a)
“Major development” means development on a scale that may cause:
(i) Statewide, regional, or interjurisdictional
environmental or economic effects in the Critical Area; or
(ii)
Substantial impact on the Critical Area program of a local jurisdiction.
(b)
“Major development” includes:
(i) An airport, power plant, major solar energy generating
system, wastewater treatment plant, highway, port, regional utility
transmission facility, prison, hospital, public housing project, public beach,
and an intensely developed park and recreation facility; and
(ii)
A development or project authorized by the Public Service Commission under a
Certificate of Public Convenience and Necessity.
(30) (text unchanged)
(31) "Mean high water line"
[means the average level of high tides at a given location] has
the meaning stated in COMAR 27.01.01.01.
(31-1)
“Minor development” means development of a reduced scale that:
(a)
Causes environmental or economic consequences that are largely confined to the
immediate area of the parcel of
land on which the development is located;
(b)
Is consistent with the local Critical Area program;
(c)
Does not substantially affect the Critical Area program of the local
jurisdiction; and
(d)
Is not considered by the Commission to be major development.
(32) ["Natural Heritage
Area" means any communities of plants or animals which are considered to
be among the best Statewide examples of their kind, and are designated by
regulation by the Secretary of Natural Resources.
(33) "Natural vegetation"
means those plant communities that develop in the absence of human activities.
(34)] "Natural
features" [means components and processes present in or produced by
nature, including, but not limited to, soil types, geology, slopes, vegetation,
surface water, drainage patterns, aquifers, recharge areas, climate, flood
plains, aquatic life, and wildlife] has the meaning stated in COMAR 27.01.01.01.
(33)
“Natural heritage area” has the meaning stated in COMAR 08.03.08.01, as
designated in COMAR 08.03.08.10.
(34)
“Natural vegetation” has the meaning stated in COMAR 27.01.01.01.
(35) "Nonpoint source
pollution" [means pollution generated by diffuse land use
activities rather than from an identifiable or discrete facility. It is
conveyed to waterways through natural processes, such as rainfall, storm
runoff, or ground water seepage rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by "end-of-pipe"
treatment, but rather, by changes in land management practices] has the meaning stated in COMAR 27.01.01.01.
(36) "Nontidal wetland" has
the meaning stated in [COMAR 26.23.01.01] Environment Article,
§5-901, Annotated Code of Maryland, and as applied by the Department of the Environment.
(37) "Offsets" [means
structures or actions that compensate for undesirable impacts] has
the meaning stated in COMAR 27.01.01.01.
(38)—(39) (text unchanged)
(40) ["Physiographic
features" means the soils, topography, land slope and aspect, and local
climate that influence the form and
species composition of plant communities.
(40-1)] (text unchanged)
[(40-2)] (40-1)—(41)
(text unchanged)
(42) "Public water-oriented
recreation" [means shore-dependent recreation facilities or
activities provided by public agencies which are available to the general
public] has the meaning stated in COMAR 27.01.01.01.
(43) (text unchanged)
(44) "Redevelopment" [means
the process of developing land which is or has been developed] has
the meaning stated in COMAR 27.01.01.01.
(45) "Reforestation" [means
the establishment of a forest through artificial reproduction or natural
regeneration] has the meaning stated in Natural Resources Article, §5-1601,
Annotated Code of Maryland.
(46) "Riparian habitat" [means
a habitat that is strongly influenced by water and which occurs adjacent to
streams, shorelines, and wetlands] has the meaning stated in COMAR
27.01.01.01.
(46-1)—(46-2) (text unchanged)
(47) ["Seasonally flooded
water regime" means a condition where surface water is present for
extended periods, especially early in the growing season, and when surface
water is absent, the water table is often near the land surface.] Repealed.
(48) "Selection" [means
the removal of single, scattered, mature trees or other trees from uneven-aged
stands by frequent and periodic cutting operations] has the meaning
stated in COMAR 27.01.01.01.
(48-1) (text unchanged)
(49) ["Significantly eroding areas" means areas that erode 2
feet or more per year.] Repealed.
(50)—(52) (text unchanged)
(53) State and Local Agency Actions.
(a) (text unchanged)
(b) "State and local agency
actions" [includes] include:
(i) The
issuance of a Certificate of Public Convenience and Necessity by the Maryland
Public Service Commission that results in development within the Critical Area;
and
(ii) (text unchanged)
(c) "State and local agency
actions" do not include [the following]:
(i) Actions
required or specifically provided for by the Critical Area criteria, including
construction or installation of structures or measures [pursuant to
implementing] in order to implement
approved stormwater management, grading, or sediment control plans, and the
construction or installation of structures or measures on farms in order to
implement approved soil conservation and water quality plans;
(ii) (text unchanged)
(iii) Dredging of any waterway in the
Critical Area that is conducted [pursuant to] in accordance
with applicable State and federal laws, rules, and regulations.
(54) "Steep [slopes"
means slopes of 15 percent or greater incline] has the meaning stated
in COMAR 27.01.01.01.
(55) ["Threatened
species" has the meaning stated in COMAR 27.01.01.01.] “Stormwater”
has the meaning stated in COMAR 27.01.01.01.
(56) ["Topography"
means the existing configuration of the earth's surface including the relative
relief, elevation, and position of land features.] Repealed.
(57) ["Transitional
habitat" means a plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary that
separates aquatic and terrestrial areas.]
(58) "Transportation [facilities"
means anything that is built, installed, or established to provide a means of
travel from one place to another] facility” has the meaning stated in
Transportation Article, §3-101, Annotated Code of Maryland.
(58-1) “Tree” has the meaning
stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(59) (text unchanged)
(60) "Utility transmission [facilities"
means fixed structures that convey or distribute resources, wastes, or both,
including, but not limited to, electric lines, water conduits, and sewer lines]
facility” has the meaning stated in COMAR 27.01.01.01.
(61)—(63) (text unchanged)
[(63-1) "Waterfowl
staging and concentration area" has the meaning stated in COMAR
27.01.01.01.
(63-2) "Wetland migration
area" means an area that will likely be suitable for future wetland
establishment in response to a change in sea level.]
(64) [Wildlife Corridor.
(a) "Wildlife corridor"
means a habitat area that is necessary to connect areas, on a seasonal basis or
longer, that are used by an animal or plant species for:
(i) The
survival and reproduction of the species; and
(ii) The maintenance or increase of
the essential genetic and demographic connections of its population.
(b)] "Wildlife
corridor" [includes a habitat protection area, as defined under
COMAR 27.01.01.01, and a wetland migration area, as defined under §B(63-1) of
this regulation] has the meaning stated in COMAR 27.01.01.01.
(65) (text unchanged)
27.02.02 State and Local Agency
Actions Resulting in Minor Development [of Local Significance] on
Private Lands or Lands Owned by Local Jurisdictions
Authority: Natural Resources
Article, §8-1814, Annotated Code of Maryland
.01 [Definition] Definitions.
["Local
significance" means development of a minor scale which:
A. Causes environmental or economic consequences
that are largely confined to the immediate area of the parcel of land on which
the development is located;
B. Does not substantially affect the
Critical Area program of the local jurisdiction; and
C. Is not considered by the
Commission as major development as defined in COMAR 27.02.04]
A. In this chapter, the following
terms have the meanings indicated.
B. “Major development” has the
meaning stated in COMAR 27.02.01.01.
C. “Minor development” has the
meaning stated in COMAR 27.02.01.01.
.02 Criteria.
A. [Development of local
significance] Minor development 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. (text unchanged)
C. If the Commission determines that [the]
a proposed development project 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] project in accordance with the provisions of COMAR 27.02.04.
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.—E. (text unchanged)
27.02.03 General Approval of
State and Local Agency Programs Which Result in Minor Development [of
Local Significance] on Private Lands or Lands Owned by Local Jurisdictions
Authority:
Natural Resources Article, §8-1814, Annotated Code of Maryland
.01 Definition.
In this chapter, “minor development” has the meaning stated in COMAR 27.02.01.01.
[.01] .02 Criteria.
A. Rather than obtaining
certification for an individual project or action, as provided in COMAR
27.02.02, a State or local agency may seek a general approval from the
Commission for a program or class of activities that will result in minor development
[of local significance] in the Critical Area[, such as
forest management plans and soil conservation and water quality plans].
B.—D. (text unchanged)
E. The Commission may revoke a
general approval with 90 days notice to the affected
State or local agency, if the Commission finds that the agency has failed to
follow the process described in §B(3)[, above] of this
regulation.
F. (text unchanged)
27.02.04 State or Local Agency
Actions Resulting in Major Development on Private Lands or Lands Owned by Local
Jurisdictions
Authority:
Natural Resources Article, §8-1814, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Major development” [means
development of a scale that may cause State-wide, regional, or
inter-jurisdictional, environmental or economic effects in the Critical Area,
or which may cause substantial impacts on the Critical Area program of a local
jurisdiction. This development includes airports, power plants, major solar
energy generating systems, wastewater treatment plants, highways, regional
utility transmission facilities, prisons, hospitals, public housing projects,
public beaches, and intensely developed park and recreation facilities, and any
development or project authorized by the Public Service Commission under a
Certificate of Public Convenience and Necessity] has the meaning
stated in 27.02.01.01.
(2) (text unchanged)
.02 Criteria.
A.—F. (text unchanged)
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 Critical Area Commission
or [the Commission Chairman] its Chair shall:
(1) (text unchanged)
(2) Provide comments on the Critical
Area impacts to the Power Plant Research Program of the Department of
Natural Resources and request the comments be incorporated as recommended
conditions to the Public Service Commission; and
(3) (text unchanged)
H.—I. (text unchanged)
27.02.05
State Agency Actions Resulting in Development on State-Owned Lands
Authority:
Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814,
Annotated Code of Maryland
.01 General Provisions.
A. Definitions.
(1) (text unchanged)
(2) Terms Defined.
[(a) “Intensely developed
area” has the meaning stated under COMAR 27.01.02.03.
(b) “Limited development area” has
the meaning stated under COMAR 27.01.02.04]
(a) Intensely Developed Area.
(i)
“Intensely developed area” has the meaning stated in Natural Resources Article,
§8-1802(a), Annotated Code of Maryland.
(ii) “Intensely developed area”
includes the provisions of COMAR 27.01.02.03.
(b) Limited Development Area.
(i)
“Limited development area” has the meaning stated in Natural Resources Article,
§8-1802(a), Annotated Code of Maryland.
(ii) “Limited development area”
includes the provisions of COMAR 27.01.02.04.
(c) (text unchanged)
[(d) “Resource conservation
area” has the meaning stated under COMAR 27.01.02.05]
(d)
Resource Conservation Area.
(i) “Resource conservation area” has the meaning stated in
Natural Resources Article, §8-1802(a), Annotated Code of Maryland.
(ii)
“Resource conservation area” includes the provisions in COMAR 27.01.02.05.
(e) (text unchanged)
(f) “Wetland migration area” has
the meaning stated in COMAR 27.01.14.01.
B.—F. (text unchanged)
.03 Criteria for Development by a
State Agency on State-Owned Land.
A. (text unchanged)
B. When a State agency proposes
development on State-owned land in the Critical Area, the agency:
(1)—(2) (text unchanged)
(3) Shall, to the maximum extent
practicable:
(a) Incorporate and maintain a
wildlife corridor system, including all habitat protection areas near the
development project, so as to connect the largest, most vegetated tracts of
land within, adjacent to, or near the development project and provide continuity
of existing wildlife and plant [habitat] habitats with
other off-site habitat areas;
(b)—(d) (text unchanged)
(e) Increase or, [in the
alternative] if an increase is not possible, maintain the total
acreage of forest cover in the Critical Area; and
(f) (text unchanged)
(4)—(8) (text unchanged)
(9) Shall demonstrate to the
Commission that:
(a) (text unchanged)
(b) The development identifies and
incorporates climate resilient practices in order to avoid or, [in the
alternative] if avoidance is not possible, minimize environmental
and structural damage associated with a coastal hazard, an extreme weather
event, sea level rise, and other impacts; and
(10) (text unchanged)
C.—D. (text unchanged)
E. A State agency may locate:
(1) Development on a site where the
project would cross or impact a stream if:
(a) (text unchanged)
(b) The agency designs, builds, and
maintains the development project so as to:
(i) Prevent
or, [in the alternative] if prevention is not possible,
accommodate an increase in flood frequency and severity that is attributable to
the development project;
(ii)—(v) (text unchanged)
(2) A road, bridge, or utility in a
habitat protection area if:
(a) (text unchanged)
(b) The agency designs, builds, and
maintains the road, bridge, or utility so as to:
(i) (text unchanged)
(ii) Avoid or, [in the
alternative] if avoidance is not possible, minimize negative
impacts on fish, wildlife, [aquatic life,] plants, and
their habitats; and
(iii) (text unchanged)
F.—G. (text unchanged)
.03-1 Development in an Intensely
Developed Area.
A.—D. (text unchanged)
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 water quality or fish,
[plant, and wildlife habitat or water quality] wildlife, and
plant habitats in the Critical Area only if the facility or development is
located in an intensely developed area.
(2) (text unchanged)
.03-2 Development in a Limited
Development Area.
A.—B. (text unchanged)
C. For development proposed on
State-owned land that is in a limited development area, a State agency:
(1) (text unchanged)
(2) On a slope measuring at least 15
percent, as measured before development, may not propose a [development
project] disturbance, unless the [project] disturbance is the only
effective way to [improve or, in the alternative, maintain the stability
of] stabilize the
slope;
(3)—(4) (text unchanged)
D. (text unchanged)
.04-1 Water-Dependent Facilities and
Activities — General Criteria.
An agency proposing development on
State-owned land or responsible for the administration of a water-dependent
facility or activity located on State-owned land:
A. (text unchanged)
B. Except as otherwise provided under
Regulations .04 through .04-3 of this chapter, may develop a water-dependent
facility or activity in the buffer if:
(1)—(2) (text unchanged)
(3) Adverse impacts on water quality
and fish, wildlife, and plant [habitat] habitats are first
avoided or, if unavoidable, minimized; and
(4) (text unchanged)
C. May not place, or approve the
placement of, dredged material in the buffer or a portion of the Critical Area
that has been designated as a habitat protection area, except as necessary for:
(1) A beneficial use approved by the
Board of Public Works or the Department of the Environment, such as:
(a)—(d) (text unchanged)
(e) The creation, restoration, or
enhancement of a wetland[,] or a fish, wildlife, or plant
habitat; or
(f) (text unchanged)
(2) (text unchanged)
D. (text unchanged)
.04-2 Water-Dependent Facilities and
Activities — General Location Requirements.
A. (text unchanged)
B. An agency proposing development on
State-owned land or responsible for the administration of a water-dependent
facility or activity located on State-owned land shall document how each of the
following siting factors is accorded due consideration:
(1)—(3) (text unchanged)
(4) Avoidance or, if [unavoidable]
avoidance is not possible, minimization of:
(a) Disturbance to:
(i)—(iii)
(text unchanged)
(iv) In accordance with COMAR [26.08.02.04-1]
26.08.02.04-2, a water body identified by the Department of the
Environment as a Tier II, high quality water body and its watershed; [and]
(v) In accordance with COMAR
26.08.02.04-3, a water body identified by the Department of the Environment as
a Tier III, outstanding natural resource water body and its watershed; and
[(v)](vi) A
nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01
and .04, and COMAR [26.23.06.01] 26.23.06; and
(b) Adverse impact on water quality
that would likely result from the facility or activity, such as nonpoint source
[runoff] pollution, sewage discharge, or other pollution
related to vessel maintenance.
.06 Forest and Woodland Protection.
A. [Definitions.
(1) "Developed woodlands"
means those areas of 1 acre or more in size which predominantly contain trees
and natural vegetation and which also include residential, commercial, or
industrial structures and uses.
(2) "Forests" means
biological communities dominated by trees and other woody plants covering a
land area of 1 acre or more.] Repealed.
B. Criteria. The agency administering
State-owned lands on which timber harvesting is planned shall use all of
the following criteria:
(1) A forest management plan shall be
required for all timber harvesting occurring within any 1-year interval and
affecting at least 1 acre [or more in forests] of
forest and developed woodland in the Critical Area. The plans shall be
prepared by a registered professional forester and be reviewed and approved by [the
Forestry Programs and Fish, Heritage and Wildlife Administration of] the
Department of Natural Resources. Plans shall include measures to protect
surface and ground water quality, identify whether the activities will disturb
or affect habitat protection areas as identified in Regulations .09—13 of this
chapter, and incorporate protection measures for these areas. To provide for
the continuity of habitat, the plans shall address mitigation through forest
management techniques which include scheduling size, timing and intensity of
harvest cuts, afforestation, and reforestation[.];
(2) A sediment control plan shall be
required for all harvests of at least 5,000 square feet [or
more] of disturbed area in the Critical Area, including harvesting on
agricultural lands. This plan shall be developed according to the guidelines
established by the [Maryland] Department of Natural Resources.
The operations shall be implemented in accordance with specifications set out
by the local soil conservation district and [the Forestry Programs and
Fish, Heritage and Wildlife Administration of] the Department of Natural
Resources[.] ; and
(3) The cutting or clearing of trees
within the [100-foot Buffer] buffer, as described in
Regulation .09 of this chapter, shall be in accordance with that regulation.
.07 Agriculture.
A. Applicability. The provisions of
this regulation do not apply to an agricultural activity that is conducted for
an experimental purpose on State-owned land in the Critical Area if:
(1) (text unchanged)
(2) The experimental activity is
approved by the [Maryland] State Department of Agriculture
and the University of Maryland.
B. (text unchanged)
.08-2 Surface Mining — Policies.
When surface mining occurs on
State-owned land, the agency administering the land shall ensure that due
consideration is accorded to:
A. When locating a surface mining
activity, avoidance or, [in the alternative] if avoidance is
not possible, minimization of:
(1)—(2) (text unchanged)
B. (text unchanged)
.08-3 Surface Mining — Criteria.
When surface mining occurs on
State-owned land, the agency administering the land shall:
A. Designate each portion of the
Critical Area that is unsuitable for surface mining and prohibit surface mining
in those locations, including:
(1)—(2) (text unchanged)
(3) An area that is within 100 feet [immediately]
landward from the mean high water line of tidal waters, from
the landward boundary of a tidal wetland, or from the edge of [a]
each bank of a tributary stream, unless:
(a)—(b) (text unchanged)
B.—D. (text unchanged)
.09 Buffer.
A. (text unchanged)
B. Criteria. In planning or proposing
development on State-owned lands, the agency proposing the development shall
use all of the following criteria:
(1) [The] In
accordance with the requirements of COMAR 27.01.09.01E(3)—(7), the agency
shall measure the buffer at least 100 feet [landward from the];
(a) Landward from the mean
high water line of tidal waters[,];
(b) From the landward boundary of
[tributary streams, and tidal wetlands.] a tidal wetland; and
(c) From the edge of each bank of
a tributary stream;
(2) Development activities, including
structures, roads, parking areas, and other lot coverage areas, mining and
related facilities, and septic systems, are not authorized in the buffer,
except for those necessarily associated with water-dependent facilities or
activities as defined in Regulation .04 of this chapter[.];
(3) The buffer shall be maintained in
natural vegetation, but may include planted vegetation where necessary to
protect, stabilize, or enhance the shoreline[.];
(4) Agriculture is authorized in the
buffer, if, as a minimum agricultural best management practice, a vegetated
filter strip of at least 25 feet, measured landward from the mean high water
line of tidal [waters or tributary streams or from the edge of tidal
wetlands] waters, from
the landward boundary of a tidal wetland, or from the edge of each bank of a
tributary stream, whichever is [further] farther
inland, is established, and if:
(a)—(c) (text unchanged)
(d) The feeding or watering of
livestock [does not occur within] occurs at least 50
feet [of] landward from the mean high water line of tidal [water and tributary
streams or from the edge of tidal wetlands] waters, from the landward
boundary of a tidal wetland, or from the edge of each bank of a tributary
stream, whichever is [further] farther inland;
(e) (text unchanged)
(f) Agricultural activities,
including the grazing of livestock, do not disturb stream banks, tidal
shorelines, or other habitat protection areas covered, as applicable, in this
regulation or in Regulations .10—.13 of this chapter[.];
(5) The [Buffer] buffer
shall be managed to achieve or enhance the functions stated in COMAR [27.01.09.01B(1)—(5)] 27.01.09.01C. [Cutting
or clearing of] A person may not cut or clear trees
within the [Buffer shall be prohibited] buffer, except that:
(a) Commercial harvesting of trees [by
selection or by the clearcutting of loblolly pine and tulip poplar] may
be [permitted to within 50 feet of the landward edge of the mean high
water line of tidal waters and perennial tributary streams, or the edge of
tidal wetlands, provided that the]
authorized if:
(i) The commercial harvesting is by selection cutting or by
the clearcutting of loblolly pine or tulip poplar;
(ii)
The cutting or clearing is at least 50 feet landward from the mean high water
line of tidal waters, at least 50 feet from the landward boundary of a tidal
wetland, and at least 50 feet from the edge of each bank of a tributary stream;
(iii)
The cutting does not occur in the habitat protection areas described in
Regulations .10—.13 of this [chapter, and that the] chapter;
(iv)
The cutting is conducted [pursuant to] in conformance with
the requirements of Regulation .06 of this chapter[,] and in
conformance with a [Buffer] buffer
management plan prepared by a registered, professional forester and approved
by [the Forestry Programs and the Fish, Heritage and Wildlife
Administration of] the Department of Natural Resources[.];
(v)
The buffer management plan [shall be] is required
for all commercial harvests within the [Buffer]buffer, regardless of the size of the area to be [cut,
and shall contain the following minimum requirements:] cut;
[(i)
That disturbance] (vi) Disturbance
to stream banks and shorelines [shall be] is avoided;
[(ii) That the] (vii)
The area disturbed or cut [shall be replanted,] is replanted or allowed to
regenerate in a manner that assures the availability of cover and breeding
sites for wildlife, and reestablishes the wildlife corridor function of the [Buffer]
buffer; and
[(iii)] (viii) [That
the] The cutting [may] does not involve the creation
of logging roads and skid trails within the [Buffer.] buffer;
(b) Commercial harvesting of trees,
by any method, may be [permitted] authorized up to the edge of each bank of
an intermittent [streams provided that] stream if the cutting is conducted [pursuant to] in conformance with the
requirements of [§B(5)(a),]
§B(5)(a)(iii) of this regulation[.];
(c) Cutting of trees or removal of
natural vegetation may be [permitted] authorized where
necessary to provide access to private or government piers, or to install or
construct a [shore erosion protection device or measure,] shoreline stabilization measure
or a water-dependent facility or activity, [providing] if the [device,] pier, measure, [or] facility, or activity has
received all necessary State and federal permits[.];
(d) Individual trees may be removed
which are in danger of falling and causing damage to dwellings or other
structures, or which are in danger of falling and thereby causing the blockage
of streams, or resulting in accelerated shore erosion[.];
(e) Horticultural practices may be
used to maintain the health of individual trees[.];and
(f) Other cutting techniques may be
undertaken within the [Buffer] buffer and under the advice and guidance of the [Maryland
Departments] State Department
of Agriculture and the Department of Natural Resources, if necessary to
preserve the forest from extensive pest or disease infestation or threat from
fire[.];
(6) When agricultural use of lands
within the area of the [Buffer] buffer ceases and the
lands are proposed to be converted to other uses, the [Buffer]
buffer shall be established. In establishing the [Buffer]
buffer, management measures shall be undertaken to provide forest
vegetation that assures the [Buffer] buffer functions as
set forth in the policies stated in COMAR [27.01.09.01B(1)—(5).]
27.01.09.01C;
(7) The agency shall expand the [Buffer]
buffer beyond 100 feet to include contiguous, sensitive areas, such as
steep slopes, hydric soils, or highly erodible soils, whose development or
disturbance may impact streams, wetlands, or other aquatic environments. In the
case of contiguous slopes of 15 percent or greater, the [Buffer]
buffer shall be expanded 4 feet for every 1 percent of slope, or to the top
of the slope, whichever is greater in extent[.]; and
(8) The agency may request [an
exemption] from the Commission[,] a modification of
[certain portions of] the Critical Area[, from the Buffer]
buffer requirements if it can be sufficiently demonstrated that the
existing pattern of development in the Critical Area prevents the [Buffer]
buffer from fulfilling the functions stated in COMAR [27.01.09.01B(1)—(5)]
27.01.09.01C. If [an exemption] a modification is
requested, the agency shall propose other measures for achieving the water
quality and habitat protection objectives of the policies. [An exemption
shall also be requested from the Commission if the Buffer area is proposed to
be used for industrial and port-related water-dependent facilities, water-use
industries, and the intake and outfall structures of power plants and sewage
treatment plants.]
.10 Nontidal Wetlands.
The provisions of COMAR 26.23.01
apply to nontidal wetlands in the Critical Area. A person conducting a
regulated activity within nontidal wetlands in the Critical Area shall obtain a
permit or other authorization from the Department of the Environment.
Nothing in this regulation may be interpreted as altering any requirements for
development activities set out in this subtitle.
.11 Threatened and Endangered Species
and Species in Need of Conservation.
A. (text unchanged)
B. Criteria. When planning or
proposing development on State-owned lands within the Critical Area, the agency
proposing the development shall use all of the following criteria:
(1)—(3) (text unchanged)
.12 [Plant Habitat and] Wildlife
Habitat and Plant Habitat.
A. (text unchanged)
B. Criteria. When planning or
proposing development on State-owned lands within the Critical Area, the agency
proposing the development shall use all of the following criteria [for
plant and wildlife habitat]:
(1) With the assistance of the
Department of Natural Resources, identify the following [plant and]
wildlife and plant habitats that may be affected by the development:
(a)—(c) (text unchanged)
(d) Forest areas utilized as breeding
areas by forest interior dwelling birds and other wildlife species, such as
relatively mature forested areas within the Critical Area of at least
100 acres [or more,] or forest connected with these areas;
(e) Other areas which may in the
future be identified by State and federal agencies as important [plant
or] wildlife or plant habitat; and
(f) (text unchanged)
(2) The agency shall develop
protection measures for the [plant and] wildlife and plant
habitats identified [above] under §B(1) of this regulation
as follows:
(a) Establish buffer areas for
colonial nesting water bird [(heron, egret, tern, and glossy
ibis)] nesting sites so that these sites are protected from the adverse
impacts of development activities and from disturbance during the breeding
season[.];
(b) Provide that new water-dependent
facilities or activities, as defined in Regulation .04 of this chapter, are so
located as to prevent disturbance to sites of significance to wildlife such as
historic[,] aquatic staging and concentration areas for waterfowl[.];
(c) Provide protection measures
including a buffer area, if appropriate, for other [plant and]
wildlife and plant habitat sites identified in §B(1)(e) of this
regulation[.];
(d) Protect and conserve those
forested areas required to support wildlife species, as identified in
§B(1)(c) and (d) of this regulation, by developing management programs which
have as their objective[, conserving] the conservation of wildlife
that inhabit or use the areas. The programs [should] shall
assure that development activities[,] or the clearing or cutting
of trees which might occur in the areas[,] is conducted so as to
conserve riparian habitat[,] and forest interior wildlife
species[,] and their habitat. Management measures may include
incorporating appropriate wildlife protection elements into forest management
plans[,] and cluster development or other site design criteria
which provide for the conservation of wildlife habitat[.];
(e) Require to the extent practical
that[,] when development activities[,] or the
cutting or clearing of trees[,] occurs in forested areas,
corridors of existing forest or woodland vegetation are maintained to provide
effective connections between wildlife habitat areas[.]; and
(f) Protect natural heritage areas
from alteration due to development activities or cutting or clearing so that
the structure and species composition of the [Areas] areas are
maintained.
.13 Anadromous Fish Propagation
Waters.
A. [Definition.
"Anadromous fish propagation waters" means those streams that are a
tributary to the Chesapeake Bay where spawning of anadromous species of fish
(for example, rockfish, yellow perch, white perch, shad, and river herring)
occurs or has occurred. The streams are designated by the Tidewater
Administration of the Department of Natural Resources. For purposes of this
regulation, "streams" refers to designated anadromous fish
propagation waters within the Critical Area]Definitions. In this
regulation, the following terms have the meanings indicated.
(1) “Anadromous fish propagation
waters” means a tributary stream of the Chesapeake Bay or the Atlantic Coastal
Bays that has been designated by the Department of Natural Resources as waters
in which the spawning of an anadromous species occurs or has occurred.
(2) “Stream” means anadromous fish
propagation waters in the Critical Area that have been designated by the
Department of Natural Resources.
B. Criteria. When planning or
proposing development on State-owned lands within the Critical Area, the agency
proposing the development shall use all of the following criteria:
(1) The agency shall, with the
assistance of the Department of Natural Resources, identify whether the
development will occur in the watersheds of anadromous fish spawning streams[.];
(2) If the development will occur in
those watersheds, all of the following measures shall be used:
(a) The installation or introduction
of concrete riprap or other artificial surfaces onto the bottom of natural
streams shall be prohibited unless it can be demonstrated that water quality
and fisheries habitat can be improved[.];
(b) Channelization or other physical
alterations which may change the course or circulation of a stream and thereby
interfere with the movement of fish shall be prohibited[.];
and
(c) The agency shall develop measures
for avoiding adverse impacts of any activities occurring on those portions of
any watershed within the Critical Area which drain into anadromous fish
spawning streams. These measures shall address at least the following
objectives:
(i) (text
unchanged)
(ii) [Maintain, or if
practicable, improve] Improve or, if improvement is not possible,
maintain water quality in streams;
(iii) (text unchanged)
(iv) [Maintain, or if
practicable, increase] Increase or, if an increase is not possible,
maintain the natural vegetation of the watershed[.]; and
(3) State agencies shall [also]
use all of the following complementary State [laws] statutes
and regulations:
(a) Environment Article, Title 5,
Subtitle 5, Annotated Code of Maryland;
(b) [The] In
accordance with COMAR 26.17.04.05, the construction or placement of dams or
other structures that would interfere with or prevent the movement of spawning
fish or larval forms in streams shall be prohibited. If practical, the removal
of existing barriers shall be effected [(COMAR 08.05.03.05).];
[(b)] (c) The
agency shall assure that the construction, repair, or maintenance activities
associated with bridges, or other stream crossings or with utilities and roads,
which involve disturbance within the [Buffer] buffer or
which occur instream, as described in COMAR [08.05.03.11B(5)]
26.17.04.11B(5), shall be prohibited between March [1] 15
and [May] June 15, inclusive; and
(d) Any other applicable State
statute or regulation.
.15 Solar Energy Generating Systems.
A. Definitions.
(1) In this regulation and in
Regulations .15-1 through .15-3 of this chapter, the following [words]
terms have the meanings indicated.
(2) Terms Defined.
(a)—(b) (terms defined)
(c) “Modified buffer area” has the
meaning stated in COMAR 27.01.01.01.
(d) “Planting plan” has the
meaning stated in COMAR 27.01.14.01.
[(d] (e)—[e]
(f) (text unchanged)
[(f) “Wetland migration area”
has the meaning stated in COMAR 27.01.14.01.]
B. (text unchanged)
C. General Provisions
(1)—(2) (text unchanged)
(3) A State agency may locate a solar
energy generating system in a modified buffer area [provided] if
the project is located over existing, legally developed lot coverage as
described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.
(4) Except for a regulated activity
that is authorized by the [Maryland] Department of the
Environment in accordance with COMAR 26.23.02, a State agency may not locate a
solar energy generating system:
(a)—(b) (text unchanged)
.15-1 General Criteria for a Solar
Energy Generating System.
A. (text unchanged)
B. The area of a solar panel shall
not count as lot coverage and:
(1) For a minor solar energy
generating system, the solar panel [is] shall be:
(a) (text unchanged)
(b) Elevated above the ground and the
area under the solar panel [is] shall be maintained as an
area of existing grass, established grass, or other natural vegetation; and
(2) For a major solar energy
generating system the solar panel [is] shall be:
(a) (text unchanged)
(b) Elevated above the ground and the
area under the panel [is] shall be maintained in
accordance with the planting plan requirements of Regulation .15-3 of this
chapter as:
(i)—(iii)
(text unchanged)
C. (text unchanged)
D. Except when a project area is in
an intensely developed area, a State agency shall minimize the clearing of
forest and developed woodlands and may not exceed the following
standards:
(1)—(2) (text unchanged)
E.—J. (text unchanged)
.15-2 Criteria for a Major Solar
Energy Generating System in the Resource Conservation Area.
In addition to the requirements of
Regulation .15-1 of this chapter, a State agency may locate a solar energy
generating system in the resource conservation area if a State agency:
A. Except for access allowed in
accordance with Regulation .15-1C(2) of this chapter and in accordance with the
provisions of Regulation .07 of this chapter, restricts forest clearing within
300 feet [beyond the] landward [boundary] from
the mean high water line of tidal [waters or
tidal wetlands] waters, from the landward boundary of a tidal wetland,
or from the edge of each bank of a tributary stream; and
B. (text unchanged)
.15-3 Planting Plan Requirements.
A. Based on the constraints and
opportunities presented by a project area, a State agency shall select from the
following options to address the planting plan requirements of Regulation [.15-1D]
.15-1E and F of this chapter:
(1) Plant on-site in one of the
following planting areas:
(a) The area within 300 feet [beyond
the] landward [boundary] from the mean high water line
of tidal [waters or tidal wetlands] waters, from the landward
boundary of a tidal wetland, or from the edge of each bank of a
tributary stream;
(b)—(c) (text unchanged)
(2) (text unchanged)
B.—D. (text unchanged)
27.02.06 Conditional Approval of
State or Local Agency Programs in the Critical Area
Authority:
Natural Resources Article, §8-1814, Annotated Code of Maryland
.01 Criteria.
A. (text unchanged)
B. In order to qualify for
consideration by the Commission for conditional approval, it shall be shown by
the proposing or sponsoring agency that the project or program has all of
the following characteristics:
(1) (text unchanged)
(2) That the project or program
otherwise provides substantial public benefits to the Chesapeake [Bay]
and Atlantic Coastal Bays Critical Area Program; and
(3) (text unchanged)
C.—D. (text unchanged)
E. The Commission shall approve,
deny, or request modifications to the request for conditional approval based on
all of the following factors:
(1)—(2) (text unchanged)
(3) The extent to which the project
or program, including any mitigation measures, provides substantial public
benefits to the overall Chesapeake [Bay] and Atlantic Coastal
Bays Critical Area Program.
F. (text unchanged)
27.02.07
Commission Review, Decision Process, and Time Frames
Authority:
Natural Resources Article, §8-1814, Annotated Code of Maryland
.01 Types of Development.
The Commission shall receive and
review proposals for development by local and State agencies, including [consistency]:
A. Consistency certifications
as described in COMAR 27.02.02.02B[, requests];
B. Requests for general
approval as described in COMAR 27.02.03.01B[, proposals];
C. Proposals for major
development as described in COMAR 27.02.04.02C[, proposals];
D. Proposals for development
on State-owned lands as described in COMAR 27.02.05[,];
and [requests]
E. Requests for conditional
approval as described in COMAR 27.02.06.
.02 Additional Critical Area
Requirements for a Certificate of Public Convenience and Necessity.
In accordance with COMAR 20.79.01, an
applicant for a Certificate of Public Convenience and Necessity shall include
within its environmental review document or on a site plan all of the
following information:
A.—C. (text unchanged)
D. Field determination of the [100-foot]
buffer [and, when applicable, expanded buffer for hydric soils, highly
erodible soils, and steep slopes] in accordance with all provisions
in COMAR 27.01.09.01;
E. [When applicable, the
300-foot setback from tidal waters, tidal wetlands, and tributary streams in
accordance with COMAR 27.01.14.05B;
F.] The identification and
location of habitat protection areas in COMAR 27.01.09.03—.05;
[G.] F. [The identification and location of
existing forest and developed woodlands acreage] Field determination
of forest within 300 feet beyond the landward boundary of tidal waters or a
tidal wetland, or the edge of each bank of a tributary stream in accordance
with COMAR 27.01.14.05B;
[H.] G.—[J.]
I. (text unchanged)
[K.] J. For a
project [or] on locally owned land or privately owned
lands, calculations demonstrating compliance with the Critical Area stormwater
pollutant reduction requirements of COMAR 27.01.02.03;
[L.] K.—[N.]
M. (text unchanged)
.02-1 Review Procedures.
A. For the purpose of reviewing the
development proposals listed in Regulation .01 of this chapter, and in
accordance with Regulation .03 of this chapter, the Commission may
establish panels, [pursuant to Regulation .03 of this chapter,]
or it may undertake reviews by the full Commission.
B. The Commission may seek public
comment on proposals for development and may hold public hearings for this
purpose, except that any proposed development that adversely affects the
growth allocation of a local jurisdiction, as described in COMAR 27.01.02.06,
shall require a public hearing.
C. If appropriate, public hearings
shall be held in the local jurisdiction in which the proposed development would
be located. If the development is located in, or would affect, more than one
jurisdiction, the [Chairman] Chair shall decide in which
of the jurisdictions the hearing [should] will be held.
D. (text unchanged)
E. For purposes of reviewing an
application for a Certificate of Public Convenience and Necessity in the
Critical Area, all of the following apply:
(1) In accordance with Public
Utilities Article, 3-106, Annotated Code of Maryland, the [Chairman]
Chair may request to become a party in a proceeding before the Public
Service Commission and shall provide notice to the Critical Area Commission;
and
(2) The [Chairman] Chair
shall review an application in accordance with COMAR 27.02.04.02G.
F. The [Chairman] Chair
may refer an application to the Commission for review, including for:
(1)—(2) (text unchanged)
G. The [Chairman] Chair
shall refer to the Commission an application for a State or local major solar
energy generating system in the Critical Area in the resource conservation
area.
.03 Panels.
A. The [Chairman] Chair
may appoint a panel of the Commission to review any of the development
proposals listed in Regulation .01[, above,] of this chapter
and to make recommendations to the full Commission concerning approval, denial,
or conditioning of the proposal. The panel shall consist of five Commission
members to be appointed by the [Chairman] Chair.
B. A panel may conduct public
hearings on a proposal for development in accordance with the provisions of
Regulation .02B, C, and D[, above] of this chapter. The
panel shall keep and provide to the full Commission a record of the
proceedings.
C. The panel shall make its
recommendations on the proposal known to the full Commission, which shall make
the final determination by majority vote of approval, disapproval, or
conditional approval within the time frames stated in Regulation .04[,
below] of this chapter.
D. The cabinet secretary, or that
secretary's designee, of the State department or agency which is the sponsor of
the proposed development, may not sit on the panel considering that agency's
proposed development. If a local project is the subject of this regulation, the
local elected or appointed official from the subject jurisdiction, who also
sits as a [Commissioner] Commission member, may not sit on
the panel appointed to consider that proposed development.
.04 Time Frame for Commission Review.
A. The Commission shall notify the
agency proposing development of its decision to approve, deny, or approve with
conditions the proposal in the time frames shown in [Regulation
.04B(1)—(5), below] §B of this regulation. [Failure to
make this notice shall permit] If the Commission fails to provide
this notice, the development [to] may proceed as
proposed without further Commission comment or approval.
B. The Commission shall give notice
of its decision to the proposing agency within the number of days of
receipt of the development proposal as specified below:
(1) A minor development
proposal [of local significance] and the local certification as
provided in COMAR 27.02.02.02B: 30 days;
(2) A determination that a minor development
proposal [of local significance] is major development that
requires Commission review under the [provision] provisions
of COMAR 27.02.04: 15 days;
(3)—(4) (text unchanged)
(5) A proposal for development on
State-owned lands as provided for in COMAR 27.02.05: 30 days, except that when
the development will result in adverse effects on any local jurisdiction's
growth allocation, the Commission shall be afforded 90 days in which to notify
the sponsoring agency of its decision; and
(6) (text unchanged)
C. Certain development projects of
substantial complexity and potential adverse impact on the Critical Area may
require additional time for review than provided for in §B[, above]
of this regulation. In these cases, the Commission shall notify the
sponsoring agency within 15 days of receipt of the development proposal of the
expected time frame needed to review the proposal. The additional time afforded
to the Commission for review may not exceed 60 days beyond that provided in §B[,
above] of this regulation, unless expressly agreed to by the
proposing agency.
D. Certain development projects, in
order to be undertaken, may require Commission review and approval within a
time frame less than that provided in §B[, above] of this
regulation. In these cases, the [Chairman shall be authorized to]
Chair may approve, deny, or condition the request for development and
shall notify the full Commission and any affected local jurisdiction of [his]
this decision within 15 days.
27.02.08
Appeals
Authority:
Natural Resources Article, §8-1814, Annotated Code of Maryland
.01 State Agency Appeals of Local
Denials of Certification.
A. [Pursuant to] In
accordance with COMAR 27.02.02, for minor State development
proposals [which are of local significance only, and] which occur
on private lands or lands owned by local jurisdictions, the sponsoring agency
shall provide to the Commission the local jurisdiction's certification of
consistency with the local Critical Area program. Local denial of the
certification may be appealed to the Commission by the sponsoring State agency
under the following provisions:
(1) The State agency sponsor whose
certification has been denied by the local jurisdiction may file an appeal of
the denial with the Commission within 30 days of the receipt by that State
agency of official notice of denial[.];
(2) The [Chairman] Chair
shall, within 15 days of receipt of a notice of State agency appeal, appoint a
panel of five [Commissioners] Commission members to hear
and make recommendations to the full Commission concerning the appeal[.];
(3) The panel shall meet within 30
days of its appointment, shall hear a presentation by the State agency which
has been denied certification, and shall, within 30 days of its meeting or at
the next scheduled Commission meeting, whichever is later, make its
recommendations known to the full Commission[.];
(4) In considering the matter of
local certification, the panel and the Commission shall utilize as criteria the
relevant portions of the approved local Critical Area program, and may not
substitute their judgment for that of the local certifying authority. If, on
the other hand, it appears that the local certifying authority has failed to
apply its own program criteria in a rational and reasonable manner[,]
or has been arbitrary and capricious in the application of those criteria to
the proposed development, the panel may recommend, and the Commission by
majority vote may act, to certify the proposed development. The Commission's
final decision shall be in writing[.]; and
(5) (text unchanged)
.02 Appeals from Commission
Disapproval of Proposed Development.
A. [Pursuant to] In
accordance with COMAR [27.02.03.01A] 27.02.03.01F,
27.02.04.02E, and [27.02.05.02D] 27.02.05.02G, a State or
local agency whose proposal for development has been disapproved by the
Commission may appeal the disapproval to the full Commission for
reconsideration, within 30 days of receipt of the Commission's decision.
B.—C. (text unchanged)
Subtitle
03 PROJECT APPLICATIONS
27.03.01 Notification of Project
Applications
Authority:
Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of
Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) Application.
(a) "Application" means [whatever]
initial forms, documents, plats or other materials, including buffer management
plans, that are officially submitted to [the] a local
authority for [the]:
(i) The
approval of subdivision plats, consolidations, reconfigurations, site plans,
grading permits, or rezoning [(including the consideration of
areas within floating zones), the], which may include consideration
of an area within a floating zone; or
(ii) The issuance of
zoning permits, special exceptions, or conditional use permits.
(b) "Application" includes
substantial changes to the items in §B(1)(a)[,] of this
regulation.
(c) "Application" does not
include [those] materials submitted for the approval of building
permits.
(2) [Buffer.
(a)] "Buffer" [means
an area that:
(i) Based
on conditions present at the time of development, is immediately landward from
mean high water of tidal waters, the edge of each bank of a tributary stream,
or the landward boundary of a tidal wetland; and
(ii) Exists or may be established in
natural vegetation to protect a stream, tidal wetland, tidal waters, or
terrestrial environment from human disturbance.
(b) "Buffer" includes an
area of:
(i) At
least 100 feet, even if that area was previously disturbed by human activity;
and
(ii) Expansion for contiguous areas,
including a steep slope, hydric soil, highly erodible soil, nontidal wetland,
or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01]
has the meaning stated in COMAR 27.01.01.01.
(3) ["Business unit"
means a nonresidential building used for office space, wholesale, or retail
marketing.]
(4) "[Chairman]Chair"
[means the Chairman of the Critical Area Commission for the Chesapeake
and Atlantic Coastal Bays] has the meaning stated in COMAR
27.01.01.01.
(5) "Commission" [means
the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays] has
the meaning stated in COMAR 27.01.01.01.
(6) [Critical Area.
(a)] "Critical Area” [means
the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area
except areas excluded under Natural Resources Article, §8-1807(d), Annotated
Code of Maryland.
(b) “Critical Area” includes:
(i) The
initial planning area of the Chesapeake Bay Critical Area consisting of all
waters of and lands under the Chesapeake Bay and its tributaries to the head of
tide as indicated on the State wetlands maps, and all State and private
wetlands designated under Environment Article, Title 16, Annotated Code of
Maryland;
(ii) The initial planning area of the
Atlantic Coastal Bays Critical Area consisting of all waters of and lands under
the coastal bays and their tributaries to the head of tide as indicated on the
State wetlands maps, and all State and private wetlands designated under
Environment Article, Title 16, Annotated Code of Maryland;
(iii) Except in accordance with
§B(6)(b)(iv) of this regulation, all water and land areas within 1,000 feet
beyond the landward boundaries of State or private wetlands and the heads of
tides designated under Title 16 of the Environment Article;
(iv) All water and land areas within
1,000 feet beyond the landward boundaries of State or private wetlands as shown
on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process
of transition from reliance on the State wetlands maps to the Statewide base
maps has occurred and these maps were approved by the Commission; and
(v) Modification to these areas
through inclusions or exclusions proposed by local jurisdictions and approved
by the Commission as specified in Natural Resources Article, §8-1807, Annotated
Code of Maryland] has the meaning stated in COMAR 27.01.01.01.
(7) "Development" [means
any construction, reconstruction, modification, extension, or expansion of
buildings or structures, land excavation, land clearing for nonagricultural or nonforestry purposes, land improvements, or any combination
of these. The activities shall materially affect the condition or use of dry
land, land under water, or any structure] has the meaning stated in
COMAR 27.01.01.01.
(8) (text unchanged)
[(9) "IDA" means
those properties that were designated by the local jurisdiction and approved by
the Critical Area Commission as intensely developed areas.
(10) "LDA" means those
properties that were designated by the local jurisdiction and approved by the
Critical Area Commission as limited development areas.]
(9) Intensely Developed Area.
(a) “Intensely developed area” has
the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of
Maryland.
(b) “Intensely developed area”
includes the provisions of COMAR 27.01.02.03.
(10) Limited Development Area.
(a) “Limited Development Area” has
the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code of
Maryland.
(b) “Limited Development Area”
includes the provisions of COMAR 27.01.02.04.
(10-1) “Local approving authority”
means the department or unit of a local jurisdiction that implements the local
Critical Area program.
(10-2) “Minor development” has the
meaning stated in COMAR 27.02.01.01.
(11) ["RCA" means
those properties that were designated by the local jurisdiction and approved by
the Critical Area Commission as resource conservation areas] “Redevelopment”
has the meaning stated in COMAR 27.01.01.01.
(12) ["Residential
use" means the use of a structure by one or more persons for the purpose
of maintaining a common household. The cooking or sanitary facilities of the
structure are only for the use of the occupants of the structure] Resource
Conservation Area.
(a) “Resource conservation area”
has the meaning stated in Natural Resources Article, §8-1802(a), Annotated Code
of Maryland.
(b) “Resource conservation area”
includes the provisions in COMAR 27.01.02.05.
(12-1) (text unchanged)
(13) ["Subdivision"
means the division of a parcel of land into two or more lots for the purpose of
transfer of ownership or for development. This includes subdivision pursuant to
Natural Resources Article, §8-1808.2, Annotated Code of Maryland, and the
creation of a condominium regime pursuant to Real Property Article, §11-101 et
seq., Annotated Code of Maryland] Subdivision.
(a) “Subdivision” has the meaning
stated in Land Use Article, §1-101, Annotated Code of Maryland.
(b) “Subdivision” includes the
division of a parcel under Natural Resources Article, §8-1808.2, Annotated Code
of Maryland, and the creation of a condominium regime under Real Property
Article, Title 11, Annotated Code of Maryland.
(14) (text unchanged)
.02 Application Requirements.
A. The [applicant or]
local approving authority shall electronically submit a [copy of
a] local application and any required supporting material to the
Executive Director for all categories set forth in Regulation .04 of this
chapter.
B. [The application shall be
accompanied by a completed cover sheet on a form to be developed by the staff
of the Commission. This form shall be revised by the staff at any time with the
approval of the Chairman or the Executive Director.
C.] The [Chairman] Chair
or Executive Director may, at any time, request additional information from [either]
the local approving authority [or the applicant] if it is
necessary for accurate evaluation of the proposed action.
[D.] C. Once an
application [is] has been submitted to the Executive
Director [pursuant to these] in accordance with the regulations
of this chapter, the [Chairman] Chair, Executive
Director, and staff may, after notifying and obtaining approval of the property
owner, inspect the subject property.
[E.] D. After
receipt of [a copy of] an application [from the applicant
or the local approving authority], the Commission shall send written
notice of receipt to [the applicant and to] the local approving
authority before the close of the fifth business day. A failure of the
Commission to send a timely notice shall render [§F] §E of
this regulation inapplicable as to that application.
[F.] E. The
local approving authority may not process an application which has been [sent]
submitted to the Commission for notification until it has received
notice of receipt from the Commission. [To expedite this process, the
local jurisdiction may telephone the Commission to verify receipt of any given
application.] Any action of the local approving authority in violation
of this section shall be void.
.03 Notice Requirements for State
Agency and Local Agency Development.
A. The requirements of this
regulation do not apply to development that a State agency or local agency
proposes in the Critical Area if:
(1) As provided under COMAR 27.02.02,
the development is:
(a) A State agency action that
results in minor development [of local significance] on
private lands or lands owned by a local jurisdiction; or
(b) A local agency action that
results in minor development [of local significance] on
private lands or lands owned by a local jurisdiction;
(2) The development is included in a
general approval, as provided under COMAR 27.02.03 [or 27.02.05.02F];
or
(3) (text unchanged)
B. — D. (text unchanged)
.04 Categories of Applications [of
Which the Commission Wishes to Receive Notification] to be Submitted to the Executive Director.
A. Developments, Subdivisions, and
Site Plans Requiring Project Approval.
(1) The local approving authority
shall [send copies of applications for all developments, subdivisions,
and site plans] electronically submit to the Executive Director each
application for a development, subdivision, and site plan that is located
wholly or partially within the [critical area] Critical Area,
except those specified in §A(2)[,] of this regulation.
(2) The following types of
developments, subdivisions, and site plans are exempted from §A(1)[,]
of this regulation, if the proposed development, subdivision, or site plan does
not result in a physical disturbance to the buffer:
(a) The following developments,
subdivisions, or site plans that would occur wholly or partially within [the
IDAs] an intensely developed area:
(i) (text
unchanged)
(ii) A structure which is necessary
to a single family dwelling unit which may include[, but is not limited
to,] a pool, garage, porch, shed, or tennis courts;
(iii) Development in which the land
disturbance does not exceed 15,000 square feet; and
(iv) Subdivisions resulting in [10
lots or less,] up to ten lots or [10 dwelling units or
less] up to ten dwelling units;
(b) The following developments,
subdivisions, or site plans that would occur wholly or partially within [LDAs]
a limited development area:
(i) Those
listed in §A(2)(a)(i)—(iii)[,] of this
regulation; and
(ii) A subdivision resulting in up
to three lots [or less which] that does not affect the
local jurisdiction's growth allocation; and
(c) Developments, [Subdivisions]
subdivisions, or site plans occurring wholly or partially within [RCAs]
a resource conservation area for
which the land disturbance does not exceed 5,000 square feet.
B. [Rezoning, Including
Floating Zones. The local approving authority shall submit a copy of all
initial and subsequent applications for rezoning and floating zones that would
occur wholly or partially within the critical area.
C. Special Exceptions, Conditional
Uses, or Zoning Variances. The local approving authority shall submit a copy of
all applications for special exceptions or conditional uses which allow
industrial, commercial, institutional, nonresidential, or multifamily uses that
would occur wholly or partially within an LDA or an RCA.
D. Variances. The local approving
authority shall submit a copy of all applications for variances from the local
critical area program.
E. Buffer Management Plans. The local
approving authority shall submit a copy of the proposed major buffer management
plan and the approved major buffer management plan for those categories of
applications in §A(1) of this regulation and for critical area variances.
F. Shore Erosion Control Plans. The
local approving authority shall submit a copy of the approved buffer management
plan in accordance with COMAR 26.24.04.01-3A(4) and COMAR 27.01.09.01-3B.
G. Major and Minor Solar Energy
Generating Systems. The local approving authority shall submit a copy of any
application for a major or a minor solar energy generating system that would
occur wholly or partially in a limited development area and resource
conservation area in accordance with COMAR 27.01.14 and COMAR 27.02.07, and a
copy of the final approved application for a major solar energy generating
system.] Other Applications. The local approving authority shall
electronically submit to the Executive Director:
(1) Each initial and subsequent
application for a rezoning or a floating zone that would occur wholly or
partially within the resource conservation area or would result in a change to
the Critical Area land classification;
(2) Each application for a special
exception or a conditional use that would allow industrial, commercial,
institutional, nonresidential, or multifamily uses to be located wholly or
partially within a limited development area or a resource conservation area;
(3) Each application for a
variance from the local Critical Area program; and
(4) In accordance with COMAR
27.01.14 and COMAR 27.02.07, each application for a major or minor solar energy
generating system that would be located wholly or partially in a limited
development area or a resource conservation area.
C. Approvals. The local approving
authority shall electronically submit to the Executive Director:
(1) Each final approval of a major
solar energy generating system; and
(2) In accordance with COMAR
27.01.04.03 and 27.01.09.01-3, for each category of application under §A(1) of
this regulation and for each Critical Area variance application;
(a) Each approved major buffer
management plan; and
(b) As applicable, each approved
Commission form entitled “Shoreline Stabilization Measure Buffer Management
Plan.”
ERIK FISHER
Chair
Critical Area Commission for the Chesapeake
and
Atlantic Coastal Bays
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 08 PROPERTY AND CASUALTY
INSURANCE
31.08.03 Notices of
Cancellation, Nonrenewal, Premium Increase, and Reduction in Coverage
Authority: Insurance Article, §§2-109, 27-601.2, 27-613 and 27-614,
Annotated Code of Maryland
Notice of Proposed Action
[24-147-P]
The Acting Insurance Commissioner proposes to amend Regulations .04,
.05, .07, and .08 under COMAR 31.08.03 Notices of
Cancellation, Nonrenewal, Premium Increase, and Reduction in Coverage.
Statement of Purpose
The purpose of this action is to amend COMAR 31.08.03 Notices
of Cancellation, Nonrenewal, Premium Increase, and Reduction in Coverage to
align requirements under COMAR Title 31.08.03 and requirements under the
Insurance Article that pertain to the delivery of certain notices (notices of
cancellation, nonrenewal, reduction of coverage, and premium increase) to
policyholders and the processes that policyholders must follow to protest actions
proposed in such notices. More specifically, the regulation specifies how a
carrier may deliver these notices via electronic means and better clarifies
when an insured must sign a protested notice in order for it to be considered
duly filed.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jessica Blackmon, Administrative Law
Clerk, Maryland Insurance Administration, 200 St Paul Place Suite 2700
Baltimore, MD 21202, or call 410-468-2019, or email to
insurancerereview.mia@marylang.gov. Comments will be accepted through December
2, 2024. A public hearing has not been scheduled.
.04
Procedure and Requirements Regarding Cancellation or Nonrenewal.
A notice of cancellation or nonrenewal sent by an insurer to its
insured in accordance with Insurance Article, §§ 27-601.2 and 27-613, Annotated Code of Maryland, shall be sent by
certified mail, delivered to an
electronic mail address at which the insured has consented to receive mail, or
posted to an electronic network with a separate notice to the insured directed
to the electronic mail address at which the insured has consented to receive notice
of the posting. [and shall, in] In
addition to the [statutory] information required [in the notice of cancellation
or nonrenewal] under §27-613, the notice shall include the following
on the first page of the notice in 12-point bold type:
IMPORTANT
"Right of Protest"
The "Right of Protest" does not apply to
cancellation or nonrenewal due to nonpayment of premium.
You
may protest the action proposed by this notice as provided under Insurance
Article, § 27-613, Annotated Code of Maryland by mail, facsimile, or electronically to the Insurance Commissioner.
You must file your protest within thirty
(30) days after this notice was sent to you in order for your protest to be
considered by the Insurance Commissioner. [For your protest to be duly
filed] If you send your protest by mail
or facsimile you, the named insured, must sign a copy of this notice and send
it to:
Insurance Commissioner
Maryland Insurance Administration
200 St. Paul Place
Suite 2700
Baltimore, Maryland 21202
Fax Number 410-468-2307
[within thirty (30) days after this notice was mailed to
you. If your protest is not filed within the thirty (30) days, it cannot be
considered by the Insurance Administration. Instead of mailing or faxing the
signed notice you] You may file your
protest [online via the Maryland Insurance Administration's website
(www.insurance .maryland.gov)] electronically
by uploading a copy at the following link:
https://enterprise.insurance.maryland.gov/consumer/ConsumerPortalWelcomePage.aspx
Your timely filed protest stays the action proposed by this
notice. Accordingly, your insurance policy will remain in effect with the same
coverages and premium that applied on the [mailing date of the] date this notice was sent to you until a determination is made by the Insurance
Commissioner. In order to keep your policy in effect, however, you must timely
pay any authorized premium due or becoming due before the determination is
issued.
The Insurance Commissioner will determine whether your
protest has merit. You will then be notified in writing whether the proposed
action is disallowed or your protest is dismissed.
If the protest is dismissed, you then have the right, within
thirty (30) days after the [mailing] date on
which the Commissioner sends you [of] the determination, to request a
hearing.
If you request a hearing, you will be notified in writing of
the time and place of the hearing at least ten (10) days before the hearing.
The Insurance Commissioner shall order the insurer to pay reasonable attorney
fees incurred by you for representation at the hearing if the Insurance
Commissioner finds that: (1) the actual reason for the proposed action is not
stated in the notice or the proposed action is not in accordance with §27-501
of the Insurance Article, the insurer's filed rating plan, its underwriting
standards, or the lawful terms and conditions of the policy related to a
cancellation or nonrenewal; and (2) the insurer's conduct in maintaining or
defending the proceeding was in bad faith or the insurer acted willfully in the
absence of a bona fide dispute.
I protest the action proposed by the insurer.
My reasons for protesting the action are:
__________________________________________________________________________
[Signed] Signature
(Named Insured) – required if protest
submitted by mail or fax: __________________________ Date: _____________
Insured’s Daytime Phone Number: __________________________
Insured’s Email Address:
__________________________________
.05 Procedure and Requirements Regarding a
Reduction in Coverage.
A
notice of reduction in coverage sent by an insurer to its insured in accordance
with Insurance Article, §§ 27-601.2 and 27-613, Annotated Code of Maryland, shall be delivered to an
electronic mail address at which the insured has consented to receive mail,
posted to an electronic network with a separate notice to the insured directed
to the electronic mail address at which the insured has consented to receive
notice of the posting, or sent by one of the following first-class mail tracking methods: certificate
of mail or electronic mail tracking
system used by the United States Postal Service. [and
shall, in] In addition to the [statutory]
information required [in the notice of reduction in coverage] under §27-613, the notice shall
include the following on the first page of the notice in 12-point bold type:
IMPORTANT “Right of Protest”
You
may protest the action proposed by this notice as provided under Insurance
Article, § 27-613, Annotated Code of Maryland by mail, facsimile, or electronically to the Insurance Commissioner.
You must file your protest within thirty
(30) days after this notice was sent to you in order for your protest to be
considered by the Insurance Commissioner. [For your protest to be duly
filed] If you send your protest by mail
or facsimile you, the named insured, must sign a copy of this notice and send
it to:
Insurance Commissioner
Maryland Insurance Administration
200 St. Paul Place
Suite 2700
Baltimore, Maryland 21202
Fax Number 410-468-2307
[within thirty (30) days after this notice was mailed to
you. If your protest is not filed within the thirty (30) days, it cannot be
considered by the Insurance Administration. Instead of mailing or faxing the
signed notice you] You may file your
protest [online via the Maryland Insurance Administration's website
(www.insurance .maryland.gov)] electronically
by uploading a copy at the following link:
https://enterprise.insurance.maryland.gov/consumer/ConsumerPortalWelcomePage.aspx
Your
timely filed protest stays the action proposed by this notice. Accordingly,
your insurance policy will remain in effect with the same coverages and premium
that applied on the [mailing date of the] date this notice was sent to you until a determination is made by the
Insurance Commissioner. In order to keep your policy in effect, however, you
must timely pay any authorized premium due or becoming due before the
determination is issued.
The
Insurance Commissioner will determine whether your protest has merit. You will
then be notified in writing whether the proposed action is disallowed or your
protest is dismissed.
If
the protest is dismissed, you then have the right, within thirty (30) days
after the [mailing] date on which the Commissioner sends you [of] the determination,
to request a hearing.
If
you request a hearing, you will be notified in writing of the time and place of
the hearing at least ten (10) days before the hearing. The Commissioner shall
order the insurer to pay reasonable attorney fees incurred by you for
representation at the hearing if the Commissioner finds that: (1) the actual
reason for the proposed action is not stated in the notice or the proposed
action is not in accordance with § 27-501 of the Insurance Article, the
insurer's filed rating plan, its underwriting standards, or the lawful terms
and conditions of the policy related to a reduction in coverage; and (2) the
insurer's conduct in maintaining or defending the proceeding was in bad faith
or the insurer acted willfully in the absence of a bona fide dispute.
I protest the action proposed by the insurer.
My reasons for protesting the action are:
__________________________________________________________________________
[Signed] Signature
(Named Insured) – required if protest
submitted by mail or fax: ____________________ Date:
________________________
Insured’s Daytime Phone Number: __________________________
Insured’s Email Address: __________________________________
.07 MIA Form 1006-A.
Note: The updated form will appear at the end of the Proposed Action on
Regulations section of this issue of the Maryland
Register.
.08 MIA Form 1006-B.
Note: The updated form will appear at the end of the Proposed Action on
Regulations section of this issue of the Maryland
Register.
JOY Y. HATCHETTE
Acting Insurance
Commissioner
