A. 
The provisions of this article apply to those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer.
B. 
The provisions of this article are not applicable to:
(1) 
A private pier that:
(a) 
Is installed or maintained by a riparian landowner; and
(b) 
Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under § 113-74; or
(2) 
A non-water-dependent project covered under COMAR 27.01.13.
C. 
The requirements of COMAR 27.01.02 apply to this article.
The following standards shall apply to new or expanded development activities associated with water-dependent facilities:
A. 
In accordance with the Natural Resources Article of the Annotated Code of Maryland, § 8-1808.3, permitted development in the Buffer is limited to the minimum lot coverage necessary to accommodate each water-dependent facility or activity.
B. 
New or expanded development activities may be permitted in the Buffer in the Intensely Developed Areas and Limited Development Areas if it can be shown:
(1) 
That the facility or activity is water-dependent.
(2) 
That the facility or activity meets a recognized private right or public need.
(3) 
That adverse effects on water quality, fish, plant and wildlife habitat are first avoided, or if unavoidable, minimized.
(4) 
That, as far as possible, a non-water-dependent project associated with the water-dependent facility or activity is located outside the Buffer.
(5) 
Impacts to fish, wildlife, or plant habitat are avoided, or if unavoidable, minimized.
(6) 
Mitigation is provided at a minimum ratio of 1:1 based on the square footage of canopy coverage removed.
C. 
Except as otherwise authorized in this section, a water-dependent facility or activity is prohibited in the Buffer of the Resource Conservation Area.
D. 
The placement of dredged material in the Buffer or a portion of the Critical Area that has been designated as a Habitat Protection Area is prohibited, except as necessary for:
(1) 
A beneficial use approved by the Board of Public Works or the Department of the Environment, such as:
(a) 
Backfill for a shoreline stabilization measure.
(b) 
Use in a nonstructural shoreline stabilization measure, including a living shoreline.
(c) 
Beach nourishment.
(d) 
Restoration of an island.
(e) 
The creation, restoration, or enhancement of a wetland, or a fish, wildlife, or plant habitat.
(f) 
Any other approved beneficial use.
(2) 
Placement in an area that was approved for the disposal of channel maintenance dredged material before June 11, 1988.
A. 
The City of Crisfield shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The City of Crisfield shall work with appropriate state and federal agencies to develop a plan for the approval of an area suitable for the location of a new or expanded water-dependent facility or activity.
B. 
The following siting factors shall be considered when evaluating proposals for new or expanded water-dependent facilities:
(1) 
The impact on the water body upon which the water-dependent facility or activity is proposed that would result from the approval of that location, including:
(a) 
Alteration of an existing water circulation pattern or salinity regime;
(b) 
Adequacy of area flushing characteristics;
(c) 
Necessity of, and proximity to, a dredging operation; and
(d) 
Interference with the natural transport of sand.
(2) 
Disturbance to:
(a) 
An oyster harvest area, as defined in COMAR 08.02.04.11;
(b) 
An area covered in a current aquaculture lease, as defined in the Natural Resources Article of the Annotated Code of Maryland, § 4-11A-01;
(c) 
A harvest reserve area, as designated under the Natural Resources Article of the Annotated Code of Maryland, § 4-1009.1;
(d) 
An oyster sanctuary, as established in COMAR 08.02.04.15A; and
(e) 
Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;
(3) 
Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and
(4) 
The avoidance or, if unavoidable, the minimization of:
(a) 
Disturbance to:
[1] 
A wetland;
[2] 
Submerged aquatic vegetation;
[3] 
A habitat of threatened or endangered species or species in need of conservation;
[4] 
In accordance with COMAR 26.08.02.04-1, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed; and
[5] 
A nontidal wetland of special state concern, as set forth in COMAR 26.23.01.01 and 26.23.01.04, and COMAR 26.23.06.01.
(b) 
Adverse impact on water quality that would result from the facility or activity, such as nonpoint source runoff, sewage discharge, or other pollution related to vessel maintenance.
New, expanded or redeveloped industrial or port-related facilities or activities and the replacement of these facilities or activities may be permitted only in those portions of Intensely Developed Areas that have been designated as Modified Buffer Areas as described in this chapter and are subject to the provisions set forth in this chapter.
A. 
In addition to meeting the requirements of §§ 113-70 and 113-71:
(1) 
A new or expanded commercial marina or related commercial maritime facility or activity may be permitted in the Buffer of an IDA or LDA;
(2) 
A redeveloped or expanded commercial marina or related commercial maritime facility or activity may be permitted in the Buffer of an RCA; or
(3) 
A new commercial marina or related commercial maritime facility or activity may be permitted in the Buffer of an RCA, only if it is publicly owned and meets all the requirements of § 113-75.
B. 
The City of Crisfield shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:
(1) 
The requirements of COMAR 26.08.04.09 and, as applicable, COMAR 26.24.04.03; and
(2) 
The stormwater, wastewater, noncontact cooling water discharge, and any other applicable requirements of the Department of the Environment.
A. 
In addition to meeting the requirements of §§ 113-70 and 113-71, new or expanded community piers or other community boat-docking and storage facilities may be permitted in the Buffer if:
(1) 
The owner or operator of the pier or facility:
(a) 
Does not offer food, fuel, or other goods and services for sale in the buffer or on the community pier; and
(b) 
As applicable, complies with the requirements of COMAR 26.24.04.03.
(2) 
The pier or facility is community-owned and established and operated for the benefit of the residents of a plated and recorded riparian subdivision.
(3) 
The pier or facility is associated with a residential project approved by the City for the Critical Area and consistent with all state requirements and program requirements for the Critical Area.
(4) 
Disturbance to the Buffer is the minimum necessary to provide a single point of access to the pier or facility.
(5) 
If community piers are provided as part of a new residential project, private piers in the development are not allowed.
B. 
The number of slips authorized at a pier or facility shall be the lesser of Subsection B(1) or (2) below:
(1) 
One slip for each 50 feet of shoreline in a residential project in the Intensely Developed and Limited Development Areas, and one slip for each 300 feet of shoreline in a residential project in the Resource Conservation Area; or
(2) 
A density of slips to plated lots or dwellings within a residential project in the Critical Area according to the following schedule:
Table 113.74. Number of Slips Permitted
Plated Lots or Dwellings in the Critical Area
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
A. 
In addition to meeting the requirements of §§ 113-70 and 113-71, public beaches or other public water-oriented recreation or education areas or activities may be permitted in the Buffer of:
(1) 
An Intensely Developed Area; or
(2) 
A Limited Development Area or a Resource Conservation Area, provided that:
(a) 
Adequate sanitary facilities exist;
(b) 
Sanitary and service facilities are, to the extent possible, located outside the Buffer;
(c) 
Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result; and
(d) 
Disturbance to natural vegetation is first avoided or, if unavoidable, minimized.
B. 
Areas for public passive outdoor recreation, such as nature study, and hiking, hunting, and trapping, and for education, may be permitted in the Buffer within a Limited Development Area or a Resource Conservation Area if sanitary and service facilities for these uses are located outside of the Buffer.
The following types of aquaculture and fishery facilities and activities may be permitted in the Buffer of an IDA, LDA, or RCA:
A. 
A shore-based facility or activity necessary for a commercial aquaculture operation;
B. 
A commercial water-dependent fishery facility or activity, including a structure for crab shedding, a fish off-loading dock, and a shellfish culture operation; and
C. 
A facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.