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
E. 
The facilities satisfy the requirements of § 14:1-34 of this Chapter 14:1.
[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
(2) 
The Board of Appeals may grant a variance from the provisions of this section in accordance with Part 7 of this Chapter 14:1.
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. 
In addition to the provisions of § 14:1-42 of this Chapter 14:1, new or expanded commercial marinas and related facilities may be permitted in the Buffer in IDA and LDA development areas, provided that:
(1) 
New or existing marinas shall meet the sanitary requirements of the Department of the Environment as provided in COMAR 26.04.02; and
(2) 
New marinas shall establish a means of minimizing the discharge of bottom wash into tidal waters.
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;
(3) 
Is located in:
(a) 
An intensely developed area; or
(b) 
An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic coastal bays;
(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
(a) 
Is located on a pier that was in existence on or before December 31, 2012;
(b) 
Satisfies all of the requirements under Subsection B(1) through (6) of this paragraph; and
(c) 
If applicable, has a temporary or permanent roof structure or covering that is up to 1,000 square feet in total area.