Maryland Natural Resources Section 8-1808.1

      (a)      This section is intended to establish conditions for development in the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area in addition to those established in criteria of the Commission. However, in the event of any inconsistency between the criteria and the provisions of this section, this section shall control.

      (b)      The growth allocation for a local jurisdiction shall be calculated based on 5 percent of the total resource conservation area in a local jurisdiction:

            (1)      In the Chesapeake Bay Critical Area at the time of the original approval of the local jurisdiction's program by the Commission, not including tidal wetlands or land owned by the federal government; or

            (2)      In the Atlantic Coastal Bays Critical Area at the time of the original approval of the local jurisdiction's program by the Commission, not including tidal wetlands or land owned by the federal government.

      (c)      When locating new intensely developed or limited development areas, local jurisdictions shall use the following guidelines:

            (1)      New intensely developed areas should be located in limited development areas or adjacent to existing intensely developed areas;

            (2)      New limited development areas should be located adjacent to existing limited development areas or intensely developed areas;

            (3)      Except as provided in paragraph (5) of this subsection, no more than one-half of the expansion allocated in the criteria of the Commission may be located in resource conservation areas;

            (4)      New intensely developed or limited development areas to be located in the resource conservation area shall conform to all criteria of the Commission for intensely developed or limited development areas and shall be designated on the comprehensive zoning map submitted by the local jurisdiction as part of its application to the Commission for program approval or at a later date in compliance with § 8-1809(g) of this subtitle; and

            (5)      In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, if the county is unable to utilize a portion of the growth allocated to the county in paragraphs (1) and (2) of this subsection within or adjacent to existing intensely developed or limited development areas as demonstrated in the local plan approved by the Commission, then that portion of the allocated expansion which cannot be so located may be located in the resource conservation area in addition to the expansion allocated in paragraph (3) of this subsection. A developer shall be required to cluster any development in an area of expansion authorized under this paragraph.

      (d)      (1)      Subject to the conditions under paragraphs (2) and (3) of this subsection, if a 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, as the jurisdiction's local program considers appropriate.

            (2)      A local jurisdiction's program may not utilize the growth allocation from another critical area unless the growth allocation remaining in either critical area is insufficient to allow approval of a growth allocation proposal associated with a program amendment for which the local program seeks commission approval.

            (3)      A local jurisdiction's program may not transfer more than 150 acres of growth allocation to another critical area.

      (e)      (1)      Except as authorized under paragraph (2) of this subsection, in calculating the 1-in-20 acre density of development that is permitted on a parcel located within the resource conservation area, a local jurisdiction:

                  (i)      Shall count each dwelling unit; and

                  (ii)      May permit the area of any private wetlands located on the property to be included, under the following conditions:

                        1.      The density of development on the upland portion of the parcel may not exceed 1 dwelling unit per 8 acres; and

                        2.      The area of private wetlands shall be estimated on the basis of vegetative information as designated on the State wetlands maps.

            (2)      (i)      Within a resource conservation area, a local jurisdiction may consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit for the purpose of the density calculation under this subsection if the additional dwelling unit:

                        1.      A.      Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit;

                        B.      Does not exceed 900 square feet in total enclosed area; and

                        C.      Is served by the same sewage disposal system as the primary dwelling unit; or

                        2.      A.      Is located within the primary dwelling unit;

                        B.      By its construction, does not increase the amount of impervious surface already attributed to the primary dwelling unit; and

                        C.      Is served by the same sewage disposal system as the primary dwelling unit.

                  (ii)      The provisions of this paragraph may not be construed to require a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling unit for the purpose of the density calculation under this subsection.

                  (iii)      An additional dwelling unit meeting all the criteria under subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not be subdivided or conveyed separately from the primary dwelling unit.

            (3)      (i)      Each local jurisdiction shall:

                        1.      Maintain records of all building permits issued under this subsection for additional dwelling units considered part of a primary dwelling unit; and

                        2.      Provide this information on a quarterly basis to the Commission.

                  (ii)      Beginning on November 1, 2004 and annually thereafter, the Commission shall report, subject to § 2-1246 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee, the House Environmental Matters Committee, and the Joint Committee on the Chesapeake and Atlantic Coastal Bays Critical Area regarding the construction of additional dwelling units considered part of a primary dwelling unit under this subsection.

            (4)      The provisions of this subsection:

                  (i)      Apply to density calculations only; and

                  (ii)      May not be construed to authorize a local jurisdiction to grant a variance, unless the variance is granted in accordance with the requirements of § 8-1808(d) of this subtitle.