Code of Maryland Regulations
Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Subtitle 01 - CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
Chapter 27.01.12 - Variances
Section 27.01.12.06 - After-the-Fact Variance Procedures
Universal Citation: MD Code Reg 27.01.12.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted structure or other development activity, until the local jurisdiction;
(1) Issues a notice of violation; and
(2) Assesses an administrative or civil penalty for the violation.
B. A local jurisdiction may not issue a permit, approval, variance, or special exception to legalize a violation of this subtitle unless an applicant has:
(1) Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, §
8-1808(c)(1)(iii) 14-15 and (2)(i), Annotated Code of Maryland;
(2) Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and
(3) Performed the abatement measures in the approved plan in accordance with the local Critical Area program.
C. If a local jurisdiction denies the requested after-the-fact variance, then the local jurisdiction shall:
(1) Order removal or relocation of any structure; and
(2) Order restoration of the affected resources.
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