§ 16-104. Nonwater-dependent projects located on State or private wetlands
West's Annotated Code of MarylandEnvironmentEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Environment, § 16-104
§ 16-104. Nonwater-dependent projects located on State or private wetlands
(a) This section does not apply to a nonwater-dependent project located on State or private wetlands in Prince George's County.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, the Board of Public Works may not issue a license to authorize a nonwater-dependent project located on State wetlands.
A. An intensely developed area and the project is authorized under a program amendment to a local jurisdiction's critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or
A. The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under a program amendment to a local jurisdiction's critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or
(c)(1) Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law, the Secretary may not issue a permit to authorize a nonwater-dependent project located on private wetlands.
Credits
Added by Acts 1989, c. 794. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 55, § 1. Renumbered from Natural Resources § 9-104 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995; Acts 1996, c. 110, § 1, eff. Oct. 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2008, c. 208, § 1, eff. June 1, 2008; Acts 2008, c. 209, § 1, eff. June 1, 2008; Acts 2013, c. 492, § 1, eff. July 1, 2013; Acts 2019, c. 236, § 1, eff. Oct. 1, 2019; Acts 2019, c. 237, § 1, eff. Oct. 1, 2019.
MD Code, Environment, § 16-104, MD ENVIR § 16-104
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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