23.02.04.07

.07 Nonwater-Dependent Projects on a Pier.

A. This regulation does not apply to nonwater-dependent projects located on State tidal wetlands in Prince George’s County.

B. The Board may issue an individual license authorizing a nonwater-dependent project on a pier if:

(1) The project is on a pier constructed on or after January 1, 2013, and meets the following criteria:

(a) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

(b) The pier is not attached to residential, institutional, or industrial property;

(c) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;

(d) Is located in either:

(i) An intensely developed area, where the project is authorized under the local jurisdiction’s Critical Area program by a program amendment on or after July 1, 2013; or

(ii) 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;

(e) Is approved by the local planning and zoning authority;

(f) Allows or enhances public access to State tidal wetlands;

(g) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(h) Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height;

(i) Is up to 1,000 square feet in total area;

(j) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(k) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area;

(2) The project is on a pier in existence on or before December 31, 2012, and meets the following criteria:

(a) Satisfies all of the requirements under §B(1)(a)—(i) of this regulation; and

(b) If the project has a temporary or permanent roof or covering, it can be no more than 1,000 square feet in total area; or

(3) The project is for a small-scale renewable energy system and meets the following criteria:

(a) Involves installing or placing a small-scale renewable energy system that is permitted as a secondary or accessory use;

(b) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;

(c) Is located in either:

(i) The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under the local jurisdiction’s Critical Area program or by a program amendment on or after July 1, 2013; or

(ii) 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;

(d) Is approved by the local planning and zoning authority;

(e) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(f) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area.

C. A license issued under §B(3) of this regulation may include installing or placing a:

(1) Solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:

(a) 4 feet above or 18 inches below the deck of the pier; or

(b) 1 foot beyond the length or width of the pier;

(2) Solar energy system attached to a piling if there is only one solar panel per boat slip;

(3) Solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(4) Closed–loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channel ward encroachment of the pier;

(b) Deleteriously alter long shore drift; or

(c) Cause significant individual or cumulative thermal impacts to aquatic resources; or

(5) Wind energy system attached to a pier if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is 12 feet or less;

(b) The rotor diameter of the wind turbine is 4 feet or less; and

(c) The setbacks of the wind energy system from the nearest property line and from the channel ward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

D. Existing Nonwater-Dependent Projects on a Pier.

(1) A nonwater-dependent project on a pier, where the project was in existence on or before June 30, 1989, may continue to be used.

(2) A nonwater-dependent project added to a pier on or after July 1, 1989, may continue to be used if it was added in compliance with a wetlands license issued under the law applicable at the time.

(3) The Board may issue an individual license authorizing an alteration or expansion of an existing nonwater-dependent project on a pier if the final project complies with the requirements of §B of this regulation.