§ 8-1808.3. Stormwater runoff requirements
West's Annotated Code of MarylandNatural ResourcesEffective: July 1, 2008
Effective: July 1, 2008
MD Code, Natural Resources, § 8-1808.3
§ 8-1808.3. Stormwater runoff requirements
(a)(1) This section applies notwithstanding:
(b) Lot coverage in the buffer may not exceed the minimum amount necessary for water-dependent facilities, regardless of the critical area classification or the size of the parcel or lot, except:
(c) This section controls over any other requirement concerning lot coverage limitations in limited development areas and resource conservation areas in the critical area.
(d)(1) Except as otherwise provided in this subsection for stormwater runoff, lot coverage is limited to 15% of a parcel or lot.
(4) Unless otherwise restricted by a local jurisdiction, lot coverage in a subdivision approved after December 1, 1985, in the Chesapeake Bay Critical Area or after June 1, 2002, in the Atlantic Coastal Bays Critical Area may not exceed 15%. However, the total lot coverage on an individual lot one acre or less in size may exceed 15%.
(e) This section does not apply to a trailer park that was in residential use on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area.
(f) A local jurisdiction may allow a property owner to exceed the lot coverage limits provided in subsection (d)(2) and (3) of this section if the following conditions exist:
(5) The property owner performs on-site mitigation as required by the local jurisdiction to offset potential adverse water quality impacts from the new development activities that contribute to lot coverage, or the property owner pays a fee to the local jurisdiction in lieu of performing the on-site mitigation.
(g) All fees collected by a local jurisdiction under subsection (f)(5) of this section must be used to fund projects that improve water quality within the critical area consistent with the jurisdiction's local critical area protection program.
(h)(1) In this subsection, “legally developed” means that all physical improvements to a property:
(i) A local jurisdiction may grant a variance from the provisions of this section in accordance with the provisions of this subtitle, regulations adopted by the Commission concerning variances as part of local program development set forth in COMAR 27.01.11, and notification of project applications set forth in COMAR 27.03.01.
Credits
Added by Acts 1986, c. 604. Amended by Acts 1990, c. 6, § 2; Acts 1990, c. 648; Acts 1991, c. 177; Acts 1992, c. 550; Acts 1993, c. 5, § 1; Acts 1996, c. 10, § 21, eff. April 9, 1996; Acts 1996, c. 410, § 1, eff. Oct. 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2002, c. 433, § 1, eff. June 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2008, c. 119, § 1, eff. July 1, 2008.
MD Code, Natural Resources, § 8-1808.3, MD NAT RES § 8-1808.3
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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