Current through Register Vol. 51, No. 19, September 20, 2024
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, the following items in the plan:
(a) Policies;
(b) Timing of the implementation of the plan;
(c) Timing of development;
(d) Timing of rezoning; and
(e) Development patterns; or
(2) For a growth allocation application that is not to be located in a priority funding area, the following items in the plan:
(a) All of the items under §A(1) of this regulation;
(b) Land uses; and
(c) Densities or intensities.
B. Except as authorized under Regulation .03B(2) of this chapter, a new intensely developed area shall be at least 20 acres.
C. Except as provided in §D of this regulation, a local jurisdiction may not use more than 1/2 of its total allotted growth allocation acreage to convert a resource conservation area into a new limited development area or a new intensely developed area.
D. A local jurisdiction may use a standard that varies from §C of this regulation if:
(1) The local jurisdiction is a municipal corporation; or
(2) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester Counties,
(a) The county is unable to utilize up to 1/2 of its total allotted growth allocation acreage;
(b) The alternative standard is consistent with the county's adopted comprehensive plan;
(c) The Commission has approved the alternative standard as part of the county's program; and
(d) The county requires an applicant for growth allocation to cluster development in the growth allocation area.
E. A local jurisdiction shall use the following standards when locating new intensely developed areas or limited development areas:
(1) Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;
(2) Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;
(3) Locate in a manner that:
(a) Minimizes impacts to a habitat protection area as defined in COMAR 27.01.01.01;
(b) Optimizes benefits to water quality; and
(c) Minimizes impacts to the defined land uses of the resource conservation area;
(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, 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) For a growth allocation application for a residential subdivision, comply with the requirements and procedures under Environment Article, §
9-206, Annotated Code of Maryland, and Land Use Article, Title 1, Subtitle 5, and §5-104, Annotated Code of Maryland.
F. A local jurisdiction may use a standard that varies from §E(1) and (2) of this regulation if:
(1) The alternative standard is consistent with the local jurisdiction's adopted comprehensive plan; and
(2) The Commission has approved the alternative standard as part of the local program.
G. When reviewing a map amendment or refinement involving the use of growth allocation, the Commission shall consider the following factors:
(1) Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;
(2) For a new intensely developed area, whether the development will:
(a) Be served by a public wastewater system;
(b) Have an allowed average density of at least 3.5 units per acre, as calculated under State Finance and Procurement Article, §5-7 B-03(h), Annotated Code of Maryland;
(c) For a new intensely developed area that is greater than 20 acres, be located in a priority funding area; and
(d) Have a demonstrable economic benefit to the area;
(3) For a new limited development area, whether the development will:
(a) Be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
(b) Complete an existing subdivision;
(c) Expand an existing business; or
(d) Be clustered;
(4) The use of existing public infrastructure, where practical;
(5) Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species, and species in need of conservation that may be located on-site or off-site;
(6) Impacts on a priority preservation area, as defined under Agriculture Article, §
2-518, Annotated Code of Maryland;
(7) Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
(8) Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.
H. The Commission shall ensure that the provisions of this regulation have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.
