Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

Final Regulations

Recently Adopted Regulations in Title 27

On Monday, June 9, 2014 the Commission adopted the following changes to COMAR regarding Growth Allocation.

27.01.02.01 Definitions.

Added a definition of a 300-foot setback to provide clarity.

27.01.02.06 Growth Allocation-Minimum Local Program Requirements.

Combined and organized general existing statutory and regulatory growth allocation provisions, including provisions for the initial calculation of growth allocation, and included a provision which confirms local jurisdictions’ enforcement authority for certain components of growth allocation projects.

27.01.02.06-1 Growth Allocation Submittal Requirements.
27.01.02.06-2 Environmental Report.

The two regulations listed above are existing regulations, which are currently numbered as 27.01.02.05-1 and 27.01.02.05-2, respectively. The existing text from these regulations was renumbered as 27.01.02.06-1 and 27.01.02.06-2, respectively, in order to fit chronologically within the proposed Growth Allocation regulations draft.  No substantive changes were made to the text.

27.01.02.06-3 Requirements for New Intensely Developed Areas and Limited Development Areas.

This regulation contains all of the existing statutory standards and factors that the Commission must use when reviewing a growth allocation application for approval.  Additionally, a new standard that requires growth allocation applications to comply with the Sustainable Growth & Agricultural Preservation Act of 2012 is included in order to clarify that growth allocation applications must first meet this Act’s requirements before they can be processed for growth allocation review by the Commission.

Also, a definition of “consistency with a jurisdiction’s comprehensive plan” is provided within this regulation.

27.01.02.06-4 Deduction of Growth Allocation Acreage.

This regulation contains provisions that set the parameters for how many acres must be deducted from a local jurisdiction’s growth allocation reserves for a growth allocation project.  In particular, this regulation sets out when the full acreage of a parcel must be deducted as opposed to the number of acres within a growth allocation envelope.  A definition of “growth allocation envelope” is included within this regulation.

Any questions can be sent to Amber Widmayer
E-mail: Amber.Widmayer@maryland.gov