A. 
Except as otherwise provided in this Section, new or expanded development activities may be permitted in the Critical Area Buffer in Intensely Developed and Limited Development Areas provided that it can be shown:
1. 
That they are water-dependent;
2. 
That the project meets a recognized private right or public need;
3. 
Adverse effects on water quality, and fish, plant, and wildlife habitat are minimized; and
4. 
That, in so far as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Critical Area Buffer.
B. 
Except as otherwise provided in this regulation, new or expanded development activities may not be permitted in those portions of the Critical Area Buffer which occur in Resource Conservation Areas.
New, expanded, or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas designated as Special Buffer Management Areas by the County and approved by the Critical Area Commission. Such facilities shall be subject to the requirements set forth in Sections 9-7.01 and 2-8.07. [Amended 8-8-2006]
A. 
Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Critical Area Buffer in Intensely Developed Areas.
B. 
These facilities may be permitted within the Critical Area Buffer in Limited Development Areas and Resource Conservation Areas provided that:
1. 
Adequate sanitary facilities exist;
2. 
Service facilities are, to the extent possible, located outside the Critical Area Buffer;
3. 
Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result;
4. 
Areas for passive recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Critical Area Buffer within Resource Conservation Areas, if service facilities for these uses are located outside of the Critical Area Buffer.
5. 
Disturbance to natural vegetation is minimized.
Water-dependent research facilities or activities operated by State, federal, or local agencies, or educational institutions, may be permitted in the Critical Area Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Critical Area Buffer.
Commercial water-dependent fisheries facilities including, but not limited to, structures for crab shedding, fish off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations, and fisheries activities, are permitted in the Critical Area Buffer, in Intensely Developed, Limited Development, and Resource Conservation Areas.