New or expanded water-dependent facilities may
be permitted in the Buffer, provided it can be shown that:
A.
They are water-dependent;
B.
The project meets a recognized private right or public
need;
C.
The adverse effects on water quality and fish and
wildlife habitat are minimized;
D.
Non-water-dependent structures and operations associated
with water-dependent projects or activities are located outside the
Buffer, insofar as possible; and
[Amended 6-5-1998 by Ord. No. 98-05]
A.
In addition to the provisions of § 14:1-42 of this Chapter 14:1, new or expanded community marinas and other noncommercial boat docking facilities may be permitted in the Buffer, provided that:
(1)
Where a community pier is proposed for a subdivision
finally approved after June 29, 1988, the number of slips shall be
the lesser of:
(a)
One slip for every 50 feet of shoreline in subdivisions
in IDA and LDA development areas and one slip per 300 subdivisions
in RCA development areas; or
(b)
A density of slips to platted lots or dwellings
in the subdivision according to the following schedule:
|
Platted Lots or Dwellings
in the Critical Area
|
Number of Slips
| |
|---|---|---|
|
Up to 15
|
1 for each lot
| |
|
16 - 40
|
15 or 75%, whichever is greater
| |
|
41 - 100
|
30 or 50%, whichever is greater
| |
|
101 - 300
|
50 or 25%, whichever is greater
| |
|
Over 300
|
75 or 15%, whichever is greater
|
B.
Where a community pier is proposed for a subdivision
finally approved after June 29, 1988, the following conditions and
restrictions shall apply:
(1)
No food, fuel or other goods and services shall be
offered for sale;
(2)
Sanitary facilities shall be provided that meet the
requirements of the Department of the Environment as provided in COMAR
26.04.02;
(3)
The community pier shall be for the benefit of the
residents of a platted and recorded subdivision only;
(4)
Disturbance to the Buffer is the minimum necessary
to provide a single point of access to the community pier; and
(5)
Private piers and launching facilities in the new
subdivision shall be prohibited.
A.
B.
In addition to the provisions of § 14:1-42 of this Chapter 14:1, expanded commercial marinas and related facilities may be permitted in the Buffer in RCA development areas, provided that:
(1)
Existing marinas shall meet the sanitary requirements
of the Department of the Environment as provided in COMAR 26.04.02;
(2)
Existing marinas shall establish a means of minimizing
the discharge of bottom wash into tidal waters; and
(3)
It is sufficiently demonstrated that the expansion
will not adversely affect water quality and that the proposed expansion
will result in an overall net improvement in water quality at or leaving
the site of the marina.
Subject to the provisions of § 14:1-42 of this Chapter 14:1, new, expanded or redeveloped industrial or port related water-dependent facilities may be permitted in Buffer exemption areas within IDA development areas. Otherwise new, expanded or redeveloped industrial or port related water-dependent facilities may not be permitted in the Buffer.
A.
Public beaches and 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 Buffer in IDA development areas.
B.
Public beaches and 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 Buffer in LDA and RCA development areas, provided that:
(1)
Adequate sanitary facilities exist;
(2)
Service facilities are, to the extent possible, located
outside the Buffer;
(3)
Permeable surfaces are used to the extent practicable,
if no degradation to groundwater would result;
(4)
Disturbance to natural vegetation is minimized; and
(5)
Areas for passive recreation, such as nature study
and hunting and trapping, and for education may be permitted in the
Buffer in RCA development areas if service facilities are located
outside the Buffer.
Water-dependent research facilities or activities
operated by state, federal or local agencies or educational institutions
may be permitted in the Buffer, if non-water-dependent structures
and facilities associated with the facility are, to the extent possible,
located outside the 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 may
be permitted in the Buffer in all development areas.
[Added 5-14-2024 by Ord. No. 24-01]
A.
Except as provided in Subsection B of this section and notwithstanding any other provisions of the law, Queen Anne's County may not issue a building permit or any other approval to authorize a nonwater-dependent project constructed or established on state or private wetlands within the critical area.
B.
Queen Anne's County may issue a building permit or any other
approval to authorize a nonwater-dependent project on state or private
wetlands within the critical area if the project:
(1)
Involves a commercial activity that is permitted as a secondary
or accessory use to a permitted primary commercial use;
(2)
Is not located on a pier that is attached to residentially,
institutionally, or industrially used property;
(4)
Allows or enhances public access to state wetlands;
(5)
Does not expand beyond the length, width, or channelward encroachment
of the pier on which the project is constructed;
(6)
Has a height of up to 18 feet unless the project is located
at a marina; and
(7)
Is up to 1,000 square feet in total area; or
