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26.22.01.00.htm 26.22.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 22 COASTAL FACILITIES REVIEW Chapter 01 Coastal Facilities Review Authority: Environment Article, §14-503, Annotated Code of Maryland
26.22.01.01.htm 26.22.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Coastal area" means all that land and water lying within Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Harford, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, including the waters of the Chesapeake Bay, and waters lying seaward to the State's territorial jurisdiction.2) "Construction" means a
26.22.01.02.htm 26.22.01.02. 02 Statement of Purpose.. These regulations are promulgated to establish procedures governing applications for the construction of facilities in the coastal area and to provide for the comprehensive review and evaluation of coastal facilities applications.
26.22.01.03.htm 26.22.01.03. 03 General Procedure.. A. A person may not construct, or cause to be constructed, a facility in the coastal area unless he first obtains a permit pursuant to these regulations.B. If an application is, in the determination of the Secretary, substantively modified after the review process begins, the application, as modified, shall be processed and evaluated in accordance with these regulations.C. Facilities for which on-site construction, excluding site preparation, h
26.22.01.04.htm 26.22.01.04. 04 Contents of Application.. A. A person proposing to construct a facility in the coastal area shall file a written application with the Department.B. The application shall contain the information set forth in this regulation.. C. The application shall contain the applicant's name and business address, and the name, title, and business address of the person or persons authorized to act on behalf of the applicant for the purposes of the application.D. The application shall
26.22.01.05.htm 26.22.01.05. 05 Application Distribution.. A. The applicant shall furnish at least 12 copies of the application to the Department.. B. The copies shall be distributed as follows:. 1) Three copies shall be forwarded to each county and incorporated municipality in which the facility is to be located;2) Six copies shall be retained by the Secretary and distributed to State agencies;. 3) Two copies shall be placed on open file in public buildings in the county in which the project is
26.22.01.06.htm 26.22.01.06. 06 Local Certification.. A. An application may not be processed further until the county in which the facility is to be located or in which the pipeline is to terminate has certified to the Secretary one of the following:1) All local land use classifications including zoning, variances, special exceptions, or conditional uses necessary for the location and operation of the facility have been o2) The county has postponed certification pending completion of the statement; or.
26.22.01.07.htm 26.22.01.07. 07 Statement.. A. Once an application has been received and reviewed by State agencies, the Secretary has received the comments of the State agencies, and the county in which the proposed facility is proposed to be located has either certified its approval or stayed certification, the Secretary, after consulting with the applicant, appropriate governmental agencies, and interested parties, shall select appropriate parties to prepare an economic, fiscal, and env
26.22.01.08.htm 26.22.01.08. 08 Public Review.. A. The Department shall make the statement available for public review, and shall distribute the statement as provided by Regulation .05 of this chapter.B. Within 60 days of completion of the statement, the Department shall hold at least one public hearing in the county in which the facility or any part of it is to be located. The purpose of the hearing is to solicit the views of the public concerning the permit application. Comments prepared by the
26.22.01.09.htm 26.22.01.09. 09 Permit Evaluation.. A. After receiving advisory comments and recommendations, but not later than 90 days following the completion of the public hearing, and after local certification pursuant to Regulation .06A(1) D(1) or D(2) of this chapter, the Secretary shall grant, grant conditionally, or deny the permit.B. Secretary's Decision.. 1) In making his decision, the Secretary shall consider the application, the statement, the advisory comments, the public hea
26.22.01.10.htm 26.22.01.10. 10 Duration of Validity of a Permit.. A. Plans and specifications in the permit and conditions imposed by a permit shall remain in full force and effect so long as the proposed facility, or any portion of it, is in existence unless the permit is modified. A permit is subject to suspension and revocation for violation of its terms and conditions or for violations of the Coastal Facilities Review Act.B. A permit shall be valid authority to begin construction of a facility wi
26.22.01.11.htm 26.22.01.11. 11 Fees.. The applicant shall bear the cost of processing an application and the cost of preparing a statement, according to the following schedule:A. All applications shall be accompanied by an application fee of $500, which shall be retained by the Department and used to cover initial application processing costs. Processing costs shall be computed at the rate of $15 per man-hour. Costs in excess of $500 shall be billed to the applicant on a monthly basis. An applica
26.22.01.9999.htm 26.22.01.9999. Administrative History Effective: April 13, 1977 (4:8 Md. R. 641). Regulations .06 and .07 amended effective February 10, 1978 (5:3 Md. R. 138) ―. Chapter recodified from COMAR 08.13.03 to 26.22.01, June 1996.
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