[Amended 8-8-2006]
The usable waterway area is the area enclosed by the harbor line, shoreline and lateral lines. It is defined and regulated to prevent one property owner from infringing upon the rights of another.
The lateral lines separate adjacent usable waterway areas, and are determined by bisecting the angles formed by the shoreline at property corners. The following procedures shall be followed to determine the location of lateral lines:
A. 
Prepare a scale drawing plot plan showing the applicant's property and all adjacent waterfront properties within a 200-foot radius of the shoreline owned by the applicant (See Figure A).
B. 
On the scale drawing, add the shorelines and harbor lines as shown on the appropriate Zoning Map for Harbor Lines.
C. 
Intersect all property lines with the shoreline (Points A, B, C, D, E, F, on Figure A).
D. 
From the applicant's property line-shoreline intersections (Point D, E, on Figure A) intersect a 200-foot radius with the shoreline (Points 1 and 2 on Figure A).
E. 
From the applicant's property, connect all property line-shoreline points, ending at points 1 and 2 with straight lines (D to C, C to B, B to 1, E to 2 on Figure A).
F. 
Bisect the angle formed by these straight lines and extend the lines bisecting the angle from the shoreline to the harbor line. These are the lateral lines (B-G, C-H, D-l, E-J on Figure A).
G. 
If a marine facility is proposed within 50 feet of a lateral line, the plot plan shall be prepared by a Registered Engineer, Landscape Architect or Registered Land Surveyor.
The usable waterway must be determined for all properties having a pair of lateral lines as shown on the applicant's drawing. For an acceptable usable waterway area, the following conditions (See Figure A) must be met:
A. 
If any pair of lateral lines extended to the harbor line results in a distance of 25 feet or more on the harbor line (Lines G-H, H-I, I-J) these lines and the harbor and shore lines define the usable waterway area for the applicant.
B. 
If any pair of lateral lines extended to the harbor line results in a harbor line segment (G-H, H-I, I-J, Figure A) of less than 25 feet, the lateral lines are unacceptable and shall be modified in accordance with Section 9-5.03.
C. 
If any pair of extended lateral lines intersect before reaching the harbor line, the lateral lines are unacceptable and shall be modified in accordance with Section 9-5.03.
009 9_5.02 Fig A.tif
FIGURE A - DETERMINATION OF LATERAL LINES
009 9_5.02 Fig B.tif
FIGURE B - DETERMINIATION OF LATERAL LINES
When lateral lines are amended in accordance with the following requirements, the amended lateral line(s), the harbor line and the shoreline shall define the usable waterway area for the property.
A. 
Where a conflict occurs as outlined in Section 9-5.02, the lateral lines shall be modified as shown on Figure B. A line shall be moved toward the shoreline and parallel to line D-E, (Figure B) until a 25-foot clearance is obtained (Line N-O, Figure B).
B. 
Two additional lateral lines N-P and O-Q will be drawn perpendicular to line N-O from points N and O to the harbor line. The lines D-N-P, E-O-Q are the new lateral lines for the applicant's parcel and the adjoining properties.
C. 
For all amended lateral lines, construction will be limited to the area enclosed by the shoreline, the lateral lines (D-N, O-E) and the imaginary clearance line N-O (Figure B). This procedure will insure adequate clearances for adjacent piers.
D. 
When a lateral line restricts the amount of useable waterway area, the lateral line may be amended if a plat is prepared by a Registered Engineer, Landscape Architect or Registered Land Surveyor, indicating the purpose of the plat and depicting the amended lateral line(s), along with the appropriate recording forms. The plat shall be recorded in the land records of Calvert County with signatures of all the owners of the lots or parcels affected by the change and the Secretary to the Planning Commission.
A. 
Harbor Line Setbacks - Any piers, "T" heads, "L" heads, mooring piles, mooring and/or anchorages must be set back at least 10 feet from the harbor line to assure that no moored vessel or permanent or temporary obstruction extends beyond the harbor lines.
B. 
Fuel Dock Setback - Docks used to provide a fueling station for vessels shall be set back a minimum distance of 20 feet from the harbor line. A clear space of 200 feet by 20 feet shall be provided for parallel berthing at "T" or "L" head fuel docks.
C. 
Lateral Line Setback - No marine facility, permanent or temporary, shall be located within 25 feet of a lateral line. No vessel shall be moored so as to cause an obstruction within 10 feet of a lateral line.
D. 
Adjacent Property Owners Agreement - The lateral line setback may be reduced if a plat is prepared by a Registered Engineer, Landscape Architect or Registered Land Surveyor, indicating the purpose of the plat and depicting the reduced lateral line setbacks, along with the appropriate recording forms. The plat shall be recorded in the land records of Calvert County with signatures of all the owners of the lots or parcels affected by the change and the Secretary to the Planning Commission.