Md. Code, Nat. Res. § 8-1806

Current with changes from the 2024 Legislative Session
Section 8-1806 - Powers of the Commission
(a) The Commission has all powers necessary for carrying out the purposes of this subtitle, including the following:
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article, to adopt and amend regulations as authorized under this subtitle for the administration and enforcement of the State and local programs;
(2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and
(3) To contract for consultant or other services

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(b) Regulations adopted or amended under subsection (a)(1) of this section shall:
(1) Establish comprehensive standards and procedures for:
(ii) Modified buffer areas;
(iii) Impacts of shoreline stabilization activities on the buffer;
(x) Development in the critical area, with respect to:
1. Clearing, grading, and construction activity;
2. Clustering to promote conservation of natural site features;
3. The transfer of development rights;
4. Flexibility for redevelopment;
5. Stormwater management;
6. Application of the 10% pollutant reduction rule;
7. Forest and developed woodlands protections;
8. Clearing of natural vegetation;
9. Lot coverage standards;
10. Commission review of local provisions for lot consolidation; and
11. The exclusion of State tidal wetlands from calculations of density, forest and developed woodlands protections, limitations on clearing natural vegetation, and lot coverage standards;
(xiv) Directives for local program development and implementation, with respect to:
4. Reporting requirements, including accounting of fee in lieu funds;
(xv) In consultation with the Department of the Environment, surface mining in the critical area;
(xvi) The application for and processing of a variance, with respect to:
6. Notice of a variance decision;
(xvii) Assessing and adapting the critical area for climate resiliency;
(xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature-based features; and
(xix) Environmental justice and equity initiatives that:
1. Address disparate impacts of development; and
2. Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and

(c) The members of the Commission who reside in the Atlantic Coastal Bays Watershed shall serve on any committee established under subsection (a)(4) of this section.

Md. Code, NR § 8-1806

Amended by 2024 Md. Laws, Ch. 424,Sec. 1, eff. 10/1/2024.