Home Table of Contents

§ 8-1813. Findings required for plat approvals, zoning amendments and variances

West's Annotated Code of MarylandNatural Resources

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 18. Chesapeake and Atlantic Coastal Bays Critical Area Protection Program (Refs & Annos)
MD Code, Natural Resources, § 8-1813
§ 8-1813. Findings required for plat approvals, zoning amendments and variances
In general
(a) From June 1, 1984, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in § 8-1807(a) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:
(1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and
(2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.
Findings required by local jurisdiction
(b) On or after June 1, 2002, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in § 8-1807(b) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:
(1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and
(2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.
Additional information requirements
(c) With regard to any application for project approval described in subsection (a) or (b) of this section, a local approving authority shall require any additional information from an applicant as is necessary in order to make the findings required by subsection (a) or (b) of this section.
Effectiveness of section
(d) This section shall remain in effect in a local jurisdiction until such time as an approved program becomes effective.
Application of section
(e) This section does not apply to any application in the Chesapeake Bay Critical Area initially filed prior to March 1, 1984, or any application in the Atlantic Coastal Bays Critical Area filed prior to June 1, 2002.

Credits

Added by Acts 1984, c. 794. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 55, § 1; Acts 2002, c. 433, § 1, eff. June 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003.
MD Code, Natural Resources, § 8-1813, MD NAT RES § 8-1813
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document