Maryland coastal zone management program a partnership for balanced action

[From the U.S. Government Printing Office, www.gpo.gov]

ARYtAN D
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STAL
J7 ZONE
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ANAGEMENT
a@,U,,,GRAM

A. PARTNERSHIP FOR BALANCED ACTION

TABLE OF CONTENTS

Page
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . 1

Chapter I: Program Implementation Framework . . . . . . . . . . . . 15

Program Authorities . . . . . . . . . . . . . . . . . . . . . . 15
Existing Organizational Structure . . . . . . . . . . . . . . . 18
Implementation . . . . . . . . 35
Conflict Resolution . . . . . . . . . . . . . . . . . . . . . 47

Chapter II: Maryland's Coastal Zone Boundary . . . . . . . . . . . . 49

Legislative Requirements . . . . . . . . . . . . . . . . . . . 49
The Maryland Coastal Zone Boundary . . . . . . . . I I . . . 50

Chapter III: Appropriate Land and Water Uses . . . . . . . . . 57

Legislative Requirements . . . . . . . . . . . . . . . . . . . 57
Goals and Objectives of Maryland's Coastal Zone Management
Program . . . . . . . . . . . . I . . . . . . . I . I . @ . . 58
Determining Appropriate Land and Water Uses in the Coastal
Zone . . . . . . . . * ' ' ' ' ' ' * * * ' * ' ' ' * ' * ' 58
d Pol 7
General Objectives an icies . . . . . . . . . . . . . 59
Implications of Each Activity, or Use of Concern . . . . . . . 65

A. Coastal Waters . . . . . . . . . . . . . . . . . . . 68

1. Recreational Boating . . . . . . . . . . . . . . . 69
2. Commercial Shipping (oil Spill Containment and
Prevention) . . . . . . . . . . . . . . . . . . 77
3. Dredging and Disposal of Dredged Material . . . . 83
4. Activities Associated with Living Aquatic Resources 89
5. Ocean Dumping . . . . . . . . . . . . . . . . . . 95
6. OCS Oil and Gas Exploration, Production and
Transportation . . . . . . . . . . . . . . . . . 100

B. Intertidal Areas . . . . . . . . . . . . . . . . . . 105

1. Use of Beach Areas . . . . . . . . . . . . . . . . 106
2. Activities in Tidal Wetlands . . . . . . . . . . . 110

C. Shoreland Areas . . . . . . . . . . . . . . . . . . 117

1. Activities in Areas Undergoing Significant Shore
Erosion . . . . . . . . . . * * * ' * ' * " ' ' 118
2. Activities in Coastal Tidal and Non-Tidal Flood Plains125
3. Activities in Non-Tidal Wetlands . . . . . . . . . 130
4. Use of Agricultural Lands . . . . . . . . . . . . 138
5. Use of Forested Lands . . . . . . . . . . . . . . 144
6. Channelization (and Small Watershed Projects) 151

Page

7. Activities Associated with the Provision of
Sufficient Recreational, Open Space and Natural
Areas . . . . . . . . . . . . . . . 157
8. Activities Affecting Coastal, Historical, Cultural
and Archeological Resources . . . . . . . . . . . 167
9. Shoreland Activities Generally . . . . . . . . . . 172

D. Major Facilities . . . . . . . . . . . . . . . . . . 183

1. Onshore OCS/Oil/Natural Gas Facilities . . . . . . 187
2. Electric Generating Facilities . . . . . . . . . 194
3. Ports . . . . . . . . . . . . . . . . . . . . . . . 201
4. Industrial Parks . . . . . . . . . . . . . . . . . 210
5. Mineral Extraction Facilities (Sand and Gravel) . . 218
6. Large-scale Residential Facilities . . . . . . . . 224
7. Sewage Treatment Facilities . . . . . . . . . . . . 229
8. Land Transportation Facilities . . . . . . . . . . 239

Chapter IV: Geographic Areas of Particular Concern . . . . . . . . . . 248

Legislative Requirements . . . . . . . . . . . . . . . . . . . . 248
The State Critical Areas Program . . . . . . . . . . . . . . . . 249
GAPC's and State Critical Areas . . . . . . . . . . . . . . . . . 252
Resource Protection Areas . . . . . . . . . . . . . . . . . . 253
Hazard Prone Areas . . . . . . . . . . . . . . . . . . . . . . 256
Developmental Critical Areas . . . . . . . . . . . . . . . . 256
Areas for Preservation and Restoration . . . . . . . . . . . . 257
Priority of Uses in GAPC's . . . . . . . . . . . . . . . . . . . 258

Chapter V: Local Government Involvement . . . . . . . . . . . . . . . 261

Legislative Requirements . . . . . . . . . . . . . . . . . . . . 261
operational Role of Local Governments . . . . . . . . . . . . . . 262
The Baltimore Metropolitan Area Study . . . . . . . . . . . . . 266
A Local Regional Response to Coastal Zone Management
Program Development

Chapter VI: State and Federal Interactions . . . . . . . . . . . . . . 276

State-Federal Consultation . . . . . . . . . . . . . . . . . . . 276
The National Interest and Uses of Regional Benefit . . . . . . . 281
Federal Consistency . . . ... . . . . . . . . . . . . . . . . . . 290

Chapter VII: The Public Role in Coastal Zone Management . . . . . . . 314

Public Information: Keeping the Public Aware of Coastal Zone
management Activities . . . . . . . . . . . . . . . . . . . . . 314
Public Participation in Coastal Zone Management Activities . . . 316
Public Inovlvement in Coastal Project Assessment . . . . . . . . 320
Accountability to the Public for Coastal Zone Management
Activities . . . . . . . . . . . . . . . . .. . . . . . . . . . 322
Appeals of Public Policy Decisions Regarding Coastal Zone Manage-
ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323

Page

Chapter VIII: Legal Authority . . . . . . . . . . . . . . . . . . . . . 325

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Land and Water Use Regulation . . . . . . . . . . . . . . . . . . 326
Resolution of Conflicting Use . . . . . . . . . . . . . . . . . . 357
Authority to Acquire Interests in Land and Water . . . . . . . . 361
Networking Authority . . . . . . . . . . . . . . . . . . . . . . 366
Uses of Regional Benefit . . . . . . . . . . . . . . . . . . . . 379
Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

LIST OF TABLES

Table E2ae

Status of County Planning and zoning . . . . . . 32

1-2 Coastal Resources Advisory Commission . . . . . . . 37

II-1 Coastal Zone Management Boundary Areas of Focus . . 54

111-2 Activities/Uses of Concern in the Coastal Zone . . . 67

IV-1 Geographic Areas of Particular Concern - Manage-
ment Authorities . . . . . . . . . . . . . . . . 251

VI-1 National Interest Considerations in Maryland's
Coastal Zone Management Program . . . . . . . . . 283

VI-2 Uses of Regional Benefit in Maryland's Coastal
Zone Management Program . . . . . . . . . . . . . 289

VI-3 State Agencies Which May Participate in Major
Consistency Reviews . @ . . . . . . . . . . . . . 292

VI-4 Federal Consistency Matrix Diagram . . . . . . . . . 294

VI-5 Federal Licenses and Permits Subject to Consis-
tency Review . . . . . . . . . . . . 299

VI-6 Federal Assistance Programs Subject to Consistency 309

LIST OF FIGURES AND MAPS

Page

Figure I-1 Organization of Coastal Zone Management Program . . . 19

Figure 1-2 Department of Natural Resources . . . . . . . . . . . 23

Figure 1-3 organization of the Department of State Planning 25

Figure 1-4 Maryland Department of Health and Mental Hygiene,
Environmental Health Administration . . . . . . . . . 27

Figure 1-5 Initiating the Project Evaluation Process . . . . . . 40

Figure 1-6 Full Project Evaluation . . . . . . . . . . . . . . . 43

Map 1: Maryland Coastal Zone Management Program: Boundary

Map 2: Maryland Coastal Zone Management Program: Excluded
Federal Lands

Map 3: Coastal Boundary: Area of Focus, Anne Arundel County

Map 4: Coastal Boundary: Area of Focus, Baltimore County and
City

Map 5: Coastal Boundary: Area of Focus, Baltimore City Inset

Map 6: Coastal Boundary: Area of Focus, Calvert County

Map 7: Coastal Boundary: Area of Focus, Caroline County

Map 8: Coastal Boundary: Area of Focus, Cecil County

Map 9: Coastal Boundary: Area of Focus, Charles County

Map 10: Coastal Boundary: Area of Focus, Dorchester County

Map 11: Coastal Boundary: Area of Focus, Harford County

Map 12: Coastal Boundary: Area of Focus, Kent County

Map 13: Coastal Boundary: Area of Focus, Prince George's
County

Map 14: Coastal Boundary: Area of Focus, Queen Anne's
County

Map 15: Coastal Boundary: Area of Focus, Somerset County
J

Page

Map 16: Coastal Boundary: Area of Focus, St. Mary's County

Map 17: Coastal Boundary: Area of Focus, Talbot County

Map 18: Coastal Boundary: Area of Focus, Wicomico County

Map 19: Coastal Boundary: Area of Focus, Worcester County

Figure III-1 Transportation Systems Planning Process . . . . . . . 247

Figure VI-1 Flow Diagram of OCS Plan Consistency Review . . . . . 307

Figure VI-2 Federal Consistency Review Through Clearinghouse 312

EXECUTIVE
SUMMA

Ml
RY

The Coastal Zone - A Timeless Resource

Times have changed since the prehistoric predecessors of Modern Man roamed
what is now the State of Maryland. The land and water were both enemy and provider
to these primitive people, who foraged, hunted, and fished to wrest a subsistence
living from the wild abundance of the natural resources around them.

Times have changed. The land is no longer an obstacle to our cars, trucks,
mining equipment, and construction machinery. The water is no longer an obstacle
to our recreational boats, our cargo vessels, and our off-shore oil rigs. And
vast expanses are no longer obstacles to our jumbo jets.

Human beings are now largely in control over the fate of their own environment,
and they are in control over the fate of the other living species with which they
share that environment.

Times have changed. But something has remained unchanged from prehistory to
the present day: the desirability and importance of land close to the water. The
fertility and accessibility of coastal lands attracted our prehistoric ancestors, as
evidenced by the fact that there are in Maryland an average of two prehistoric
sites for every mile of shoreline. In fact, two-thirds of all the known archeological
sites in the State's coastal counties are located within 200 feet of the water.

Today, the coastal zone is of no less importance. Maryland's port facilities
provide nearly a quarter of a million jobs, and directly contribute $1@ billion to
the State's economy - 11% of the entire gross state product. The coastal zone is
literally the heartbeat of the State: 90% of the power which keeps Maryland's
cities and towns lighted, warm, and functioning is generated in the coastal zone.

People are still flocking to the coast. Nearly three quarters of Maryland's
entire $1.2 billion tourist trade is in the coastal zone, and many of those who
come initially for a visit return later as permanent residents. The 1970 census
showed that 76% of Maryland's total population lived in the coastal zone, and
projections indicate that this percentage will increase to 85% by 1980.

Thus, Maryland's coastal zone is perhaps the single most vital factor in
the State of Maryland's economic well-being, energy production, recreational
activity, and population growth.

But the resources of Maryland's coastal zone are not infinite. As more
people flock to the State's shores, as more industry brings more economic activity
to the area, as more facilities and services are required to meet the needs of
increased populations, the State's coastal resources can be stretched beyond their
capacity, upsetting the delicate balance of inter-relating circumstances which
have made Maryland's coastal zone so desirable for centuries. In fact, the
horizon of the coastal zone's capacity to absorb random growth may already be
in sight. In the years between 1908 and 1968, some 200,000 acres of wetlands were
lost through erosion. The State's harvests of striped bass have been fluctuating
wildly, from a low of 314,000 pounds in 1933, to a high of over five million
pounds in 1961, dwindling again to less than two million pounds in 1976. While
Maryland led the nation in oyster harvests in the 1880's with annual harvests of
between eight and fifteen million bushels, recent harvests have been less than
211 million bushels.

Man is no longer foraging, hunting, and fishing along Maryland's coastal
zone with primitive tools and in limitless abundance. With technological
sophistication, he now has the capacity to alter the land, to construct immense
residences and industries, to dig for fuel at unimaginable depths under the water,
and inadvertently to alter or eliminate the very resources that have made the
coastal zone the vital asset that it is.

The Development of the Maryland Coastal Zone Management Program

The Federal Act

Recognizing the value and the precarious position of the nation's coastal
resources, the federal government passed the Coastal Zone Management Act of 1972.
Through this Act, federal assistance was provided to coastal states to develop
and administer management programs which "preserve, protect, develop, and, where
possible, restore our coastal resources". It is this Act which has made possible
the development of the Maryland Coastal Zone Management Program.

Basic Premises, Goals and Objectives

Because of its desirable location, richness in resources, and natural
beauty, Maryland's coastal zone has attracted a broad diversity of industries,
activities, and interests. It was recognized at the outset of the development
of the Maryland Coastal Zone Management Program, that to be totally effective, a
management program would have to balance these widely divergent activities and
interests, taking into account the capacity of coastal resources to accommodate
them. It was recognized that the coastal zone could in fact accommodate a wide
variety of activities, and that the management program should strike a balance
between preservation, conservation, and utilization, in order to provide the
greatest possible benefit for the greatest number of Maryland's citizens.

Given that the coastal zone contains diverse areas of particular scenic,
scientific, geologic, hydrologic, biological, recreational, or ecosystem
maintenance importance, the need to establish priorities for the use of different
areas was clearly perceived. Four criteria were articulated as basic necessities
in the evaluation of the compatibility between a coastal activity and the area in
which it occurred. Any activity would be considered on the basis of the degree
to which it: 1) preserved the quality of the State's coastal resources and
the natural character of its shoreline, 2) required or was enhanced by a shoreline
location, 3) resulted in long term benefits, and 4) was consistent with state
interests and met needs expressed in a local comprehensive plan.

Second, it was recognized that certain areas are particularly vulnerable
to natural hazards such as erosion and flooding, and should therefore receive
special attention, It was also recognized that certain activities such as the
siting and operation of major facilities (e.g., power olants) may degrade coastal
resources significantly unless special attention is given to siting'and operating
them in a manner compatible with surrounding coastal resources.

Third, a basic premise of the development of Maryland Coastal Zone Management
Program was the recognition that no area or activity should be considreed in
isolation, that national, state, and local interests should therefore be considered,
and that the cooperation of federal, state'and local agencies, under the leadership
of the Maryland Department of Natural Resources, would be necessary for implementa-
tion of an effective Coastal Zone Management Program.

Finally, it was recognized that federal and state funds would have to be
provided to state and local government agencies to implement fully the Coastal
Zone Management Program.

It took three years to develop the Maryland Coastal Zone Management Program
from these basic considerations and premises. In the first year, a thorough
examination of past and present management efforts in coastal areas was undertaken.
Inventories of coastal resources were taken. Significant coastal issues were
identified and studied, and efforts were begun to establish the means of ongoing
public participation in the Program. In the second year of development, a study
of onshore development associated with Outer Continental Shelf activities was
begun, and a comprehensive plan for disposal of dredge spoil was drafted. The
inventory of coastal resources was completed, and an analysis of existing institu-
tions and legal authorities relevant to management of coastal areas was undertaken.
In the third year, the framework for public participation was completed, and
through regional coordinators placed with local governments, local involvement
in the determination of goals and objectives was obtained. other technical studies,
such as the Recreational Boating Study and the Upland Natural Areas Study, were
also conducted to generate additional data needed for the development of the
comprehensive Coastal Management Program.

The result of this three-year process was a coastal zone management program
which is comprehensive in scope, and which takes into account not only coastal
resources and activities, but also all existing authorities regarding the various
aspects of these diverse resources and activities in the coastal zone.

Specific goals and objectives for the Maryland Coastal Zone Management
Program were developed. With their roots in the Program's basic considerations
and premises, these goals and objectives have specific application to the various
coastal uses and activities addressed by the Program, and they are reinforced by
the strength of legislation which already exists. Thus, the validity and efficacy
of these goals and objectives are not dependent upon the enactment of new
legislation.

Program Content: Federal Thresholds

Perhaps the best way to summarize the content of the Maryland Coastal Zone
Management Program is in terms of the federal thresholds on which the Program
will be evaluated by the federal government. Seven thresholds were established
by the federal Office of Coastal Zone Management, which reviews each state's
coastal zone management program against these thresholds to determine whether
or not the program will receive federal support for implementation.

THE MARYLAND COASTAL ZONE MANAGEMENT PROGRAM'S GOALS AND OBJECTIVES

GOAL 1: Preserve and Protect Coastal Re sources

OBJECTIVES:

(1) To protect, maintain, and where feasible improve air quality
in the State's coastal-zone in order to protect public health,
safety, and welfare, and the quality of the State's environmental
resources.-

(2) To protect, maintain, and improve the quality of the State's
tidal waters for propagation of wildlife, fish and aquatic
life, and for human use and enjoyment.

(3) To protect coastal aquatic areas of significant resource
value and where possible, restore presently degraded areas
potentially significant resource value, such as viable
oyster bars and clam beds, important fish migratory pathways,
spawning, nursery and feeding areas, and wintering and resting-
areas for migratory birds.

(4) To protect, maintain, and where feasible restore the integrity
(@T the tidal wetlands of the State.

(5) To protect coastal terrestrial areas of significant resource
value-areas having scenic, scientific, geologic, hydrologic,
biological or ecosystem maintenance importance - such as non-
tidal wetlands, endangered species habitat.-significant wildlife
habitat, and wintering and resting areas of migratory birds.

(6) To promote the protection and wise management of productive
coastal agricultural and forested areas through cooperation with
programs of the local Soil Conservation Districts, the
Agricultural Lands Preservation Foundation, the Maryland
Department of Agriculture, the Maryland Forest Service, qpd the
Department of State Planning.

(7) To protect coastal cultural, historical, and archeological
resources.

(8) To promote increased recreational opportunities in shoreland
areas, to promote increased public access to tidal waters, and
to assure that these occur in a manner which protects the
quality of coastal resources and which maintains public health
and safety.

GOAL 2: To Protect the Public Interest, Safety and Welfare in Natural Hazard Areas

OBJECTIVES:

(9) To give priority to non-structural management techniques for
controlling tidal and riverine flood hazards, including the
use of flood plains for open space uses such as agriculture,
forestry and recreation, in order to lessen the danger to life-
and property, and to minimize adverse effects on biological
resources and water quality.

(10) To promote the use of shoreline setbacks and to restrict
development in high risk erosion areas in order to reduce
erosion-caused danger to life and property and to minimize the
cost to the public and private sectors.

(11) To promote the use of shore erosion control techniques, where
necessary, in a manner which provides long-term protection,
minimizes adverse effects on natural systems (both biological
and physical), and avoids damage to adj .acent property owners.

(12) To restrict development in other natural hazard areas such as
steep slope and high water table areas to reduce the danger to
life and property and to prevent adverse environmental impacts.

GOAL 3: To Locate Necessary Major Facilities only in Appropriate Coastal Areas
so that Environmental Quality is Maintained

OBJECTIVES:

(13) To encourage the inland siting of facilities which are not
shoreline dependent, and to encourage the location of necessary
shoreline-dependent activities in shoreline areas where
adverse social, economic, and environmental impacts can be
minimized.

(14) To encourage the location of necessary new coastal facilities
whether industrial, commercial or residential, in already
developed areas capable of accommodating additional development,
in areas suitable and planned for redevelopment, or in areas
determined by scientific study to be environmentally and
economically suitable for development.

(15) To discourage the location of major new or expanded facilities
on or immediately adjacent to Resources Protection Areas or
Hazard Prone Areas.

(16) To ensure the viability of Maryland's port areas, and to
ensure that their development is carried out in an environmentally
sound manner.

(17) To encourage the wise use of coastal mineral resources,
with due regard for protection of the environment, and to
encourage sequential multiple use of mineral lands where
mineral extraction is deemed appropriate.

GOAL 4: To Promote Appropriate Methods of Use of Coastal Areas in Order to Prevent
Deterioration of Coastal Resources

OBJECTIVES:

(18) To promote use of the State's coastal resources to mee@
social and economic needs in an environmentally compatible-
manner.

(19) To ensure consideration of the carrying capacity of air, land-
and water resources (both surface and groundwater), and the
conservation of coastal natural areas in state and local
regulatory decisions concerning coastal developments.

(20) To ensure that adequate water, sewer, and transportation
services are provided before new coastal developments are
ap roved by state and local governmental agencies.

(21) To ensure.that adequate consideration is given to social,
economic, and environmental impacts in government decisions
concerning the siting of public facilities in coastal areas,
pa ticularly those involving transportation and waste treatment
facilities.

(22) To ensure the incorporation of storm water management measures
in state and local regulatory programs that would require
runoff from a development site,, to maintain, to the maximum
extent possible water quality and quantity conditions that
.2revailed naturally.

(23) To j2romote the maintenance of natural buffers along, and natural
drainage ways feeding to, coastal tributaries and estuarine
waters, to minimize adverse environmental effects of coastal
develoj2ments and activities.

(44) To identify environmentally suitable methods of dredging and
di�-
posal of dredged material (including beneficial use of dredged
material) to meet long-term needs resulting from navigational
projects, state and local governmental projects, and major
private projects, and to oppose the use of methods found to
be environmentally unsuitable.

(25) To prevent the filling of the State's tidal waters unless there
is no feasible alternative and the proposed project is in
accordance with the goals, objectives and policies of the Coastal
Zone Management Program.

(26) To op2ose the dumping into ocean waters off the State of Maryland
of any material which would adversely affect human health,
welfare or amenities, the marine environment, ecological systems,
or resources of economic value.

(27) To ensure the use of thorough assessments of probable energy
costs and benefits, positive and negative economic effects,
probable social and environmental impacts, and the value of the
public resources involved, as the basis for decisions on the
development and production of Outer Continental Shelf resources.

(20) To ensure that the coastal counties, if affected by development
related to energy facilities, obtain sufficient financial and
technical assistance to adequately plan for and cope with the
social, economic or environmental impacts of such development.

(29) To ensure that hazardous substances are utilized and disposed
of in a manner which .2revents any toxic, lethal or sublethal
effects to plant, aquatic or animal life, which prevents any
adverse effect upon human health, and which prevents disposal
of the substances into terrestrial or aquatic ecosystems.

GOAL 5: To Promote Intergovernmental Coordination and Public Participation in
Coastal Zone Management Program Development and Implementation.

OBJECTIVES:

(30) To undertake studies and inventories, where needed, to provide
the most complete and accurate information base possible for
all levels of government and the public to use in management
decisions and activities affecting coastal resources,

(31) To encourage the analysis of possible impacts on energy
production and consumption, both natural and man-induced
as part of management decisions concerning coastal resources
and activities.

(32) To ensure the establishment of repositories of coastal zone-
related documents, reports, and materials which are easily
accessible to the general public in each of the coastal counties.

(33) To promote standardization of techniques and compatibility
of federal, state and academic research efforts in the
State's coastal areas.

(34) To ensure coordination and use of existing state and local
gov rnment programs to achieve the CZMP's objectives.

(35) To ensure interstate coordination of plans for the management
of resources which are shared with neighboring states such as
migratory aquatic species.

(36) To ensure the review of state and local governmental programs,
and those of the local Soil Conservation Districts, in order to
identify possible modifications needed to facilitate achievei@e-nt
of coastal zonemanagement goals, objectives, and policies.

(37) To promote coordination of state and local governmental programs
with those of federal agencies and neighboring states to
further the goals of the Coastal Zone Management Program, and
to minimize duplication of efforts, conflicting actions, and
regulatory permit processing delays.

(38) To provide adequate representation of the interests of the
State of Maryland in federal decisions regarding the exploration,
development and production of Outer Continental Shelf Resources.

(39) To provide full opj2ortunity for participation by relevant
federal, state, and local government agencies, concerned
organizations and the general public, in development and
implementation of the Coastal Zone Management Program.

Boundaries

Each state's coastal zone management program must identify the specific
boundaries of their coastal zone, both inland and seaward. Maryland's coastal
zone boundary extends seaward to Maryland's three-mile jurisdiction in the
Atlantic Ocean, and inland to the inland boundaries of the counties bordering
the Atlantic Ocean, Chesapeake Bay, and the Potomac River up to the District
of Columbia. Thus, the counties of Anne Arundel, Baltimore, Calvert, Caroline,
Cecil, Charles, Dorchester, Harford, Kent, Prince George's, Queen Anne's,
Somerset, St. Mary's, Talbot, Wicomico, and Worcester are included in Maryland's
Coastal Zone, as is the City of Baltimore.

Within each of these 17 boundaries, an "Area of Focus" has been identified
for special attention. The Area of Focus in each locality has been established
in cooperation with the local government, and in most cases coincides With the
100-year flood plain bordering the State's tidal waters. This two-level geographical
distinction (described in detail in Chapter II) simply reflects the greater
probability of activities in coastal shorelands having a direct and significant
effect upon coastal waters6

Land and Water Uses

The federal Act requires the State to identify uses of land and water in
the coastal zone which are permissible, but which have direct and significant
impacts upon coastal waters. The Act requires States to develop guidelines on
these uses, and to ensure that local coastal regulations are not without undue
restriction of uses which are of regional benefit.

As a result of the inventory and analysis which was made of known activities
and uses in the coastal zone, three basic criteria were developed to identify
which of the many uses should be classified as "Uses and Activities of Concern"
to the State's Coastal Zone Management Program:

1) The activity must have a discernible impact upon coastal resources;

2) The impact must be direct; and

3) The impact must be significant.

"Impact" is defined in this context as documentable change in any factor
relevant to the maintenance of a coastal resource. An impact is "direct" when
there is a documentable, casual relationship between the activity and the impact
on the coastal resource. An impact is considered to be "significant" when
a) it is broad in geographical scope, b) it affects a critical resource of concern
to the State, c) it potentially violates State environmental standards, or d) it
potentially conflicts with State economic, fiscal, land use, transportation, or
water quality plans.

In addition to the nature of the use or activity itself, consideration has
been given to the specific area in which it occurs - coastal waters, intertidal
areas, shoreline areas, or areas within the inland boundaries of coastal counties.
Uses and activities in the first three areas are most likely to have direct and
significant impacts upon coastal waters, and most of the Program's attention
therefore focuses largely on them. There are, however, significant exceptions,
such as the siting and operation of major industrial facilities, whose size and
method of operation will probably have an impact upon coastal waters, regardless
of their specific location within the Coastal Zone.

- 9 -

Based on these criteria, the uses and activities listed below were
identified as Uses or Activities of Concern to the Coastal Zone Management
Program. Each of the uses and activities is dealt with in detail in Chapter III,
and relevant goals and objectives are listed for each. The goals and objectives
cited are drawn into sharper focus in specific policies, and management procedures
reflecting these goals, objectives, and policies are specified in detail, with
references to the relevant legal authorities.

This document has been designed to facilitate reference to any of these
individual activities or uses, each of which is dealt with in a self-contained
section of Chapter III, the backbone of this document, complete with references
to goals, objectives, policy, management procedures, and legislative authorities.
Background information is also provided on the existing situation and issues regarding
the use or activity. Thus, anyone desiring a complete perspective on the Maryland
Coastal Zone Management Program's treatment of a specific Use or Activity of
Concern can simply remove the section of Chapter III from the rest of the document.

USES AND ACTIVITIES OF CONCERN TO THE MARYLAND COASTAL
ZONE MANAGEMENT PROGRAM

A. -Activities Occurring in Coastal waters

1. Recreational Boating
2. Commerical Shipping (Oil Spill Containment and Prevention)
3. Dredging and Disposal of Dredged Material
4. Activities Associated with Living Aquatic Resources
5. Ocean Dumping
6. OCS Exploration, Production and Development

B. Activities Occurring in Intertidal Areas

1. Use of Beach Areas
2. Activities in Tidal Wetlands

C. Activities Occurring in Shoreland Areas

1. Activities in Areas with Significant Shore Erosion
2. Activities in Coastal Tidal and Non-Tidal Flood Plains
3. Activities in Non-Tidal Wetlands
4. Use of Agricultural Lands
5. Use of Forested Lands
6. Channelization (and Small Watershed Projects)
7. Activitdes Associated with the Provision of Sufficient Recreational,
Open Space, and Natural Areas
8. Activities Affecting Coastal Historical, Cultural, and Archeological
Resources
9. Shoreland Activities in General

D. Major Facilities in The Coastal Zone

1. Onshore Outer Continental Shelf/Oil/Ndtural Gas Facilities
2. Electric Generating Facilities
3. Ports
4. Industrial Parks
5. Mineral Extraction Facilities
6. Large-scale Residential Facilities

- 10

7. Sewage Treatment Facilities
8. Transportation Networks

Geographical Areas

This threshold of the federal Act requires State Programs to identify
areas of particular concernin the Coastal Zone and to make special designations
where required to restore or preserve these areas.

Accordingly, the Maryland Coastal Zone Management Program has identified
"Geographical Areas of Particular Concern", which will be managed through the
State's Critical Areas Program. Geographical Areas of Particular Concern
(see Chapter IV) will include Resource Protection Areas (tidal wetlands,
upland natural areas, productive and agriculture land, archeological and historic
sites, and aquatic sensitive areas), and Developmental Critical Areas (power plant
sites, facility sites related to activities on the Outer Continental Shelf,
sites for heavy industry, large-scale residential projects, large marinas and
ports, and mineral extraction areas).

Public and Government Involvement

A State's program is required by this federal threshold to include the
participation of federal, state, and local governments, as well as other relevant
public or private interests.

Maryland's Coastal Zone Management Program has established the Coastal
Resources Advisory Committee, composed of representatives from state, federal, and
local governments, and representatives from the private sector (public interest,
industrial, and commercial). This group will be involved in all project
evaluations, will ensure a fair assessment of all projects, and will prevent
any single interest group from exerting disproportionate leverage in any aspect
of the Program.

State-Federal Interaction

States are required to obtain federal involvement in the development
and implementation of a coastal zone management program, and.federal agencies
are required (through "federal consistency") to abide by guidelines of the
state's management program in any projects which they may undertake in the
coastal zone.

The Maryland Coastal Zone Management Program itself has been developed with
full involvement and cooperation of the federal government, as described in
Chapter VI. When the Program is approved and fully implemented, all relevant
federal agencies will be involved in project evaluations or other actions, and all
federal activities in the coastal zone (such as development projects, federal
assistance programs, licenses and permits, and Outer Continental Shelf activities)
will be required to conform to the policies of the Maryland Coastal Zone Management
Program.

organization and Authorities

These federal thresholds require state programs to show how the state
plans to control uses of land and water in the coastal zone, and to document
that the state agency administering the program has the authority to do so.

The inventory and analysis of Maryland's legislative authorities
concluded that the State of Maryland, through the Department of Natural Resources
and other state agencies, has ample authority to implement and enforce the Maryland
Coastal Zone ManagementProgram.

The fact that Maryland's Coastal Zone-Management Program has based its
recommendations upon already existing state legislation should not be taken to
mean that the Department of Natural Resources will not recommend new legislation
to meet future needs. However, at the present, to the extent that problems have
been identified and are understood, and to the extent that a technical basis
for making valid decisions exists, there is sufficient authority in the State
of Maryland to satisfy the requirements of the federal Coastal Zone Management
Act. Maryland has a broad variety of statutes controlling development of
activities within the coastal zone, statutes which can be interpreted in the
context of the policies and objectives of the Maryland Environmental Policy Act.
Furthermore, the Maryland Courts have recognized that police powers may be used
broadly to protect the natural resources of the state. Thus, by law, Maryland
has adequate control over its coastal resources.

Authority to acquire interests in lands and waters is vested primarily
within the Department of Natural Resources. The state owns all lands and waters
below mean hig4 tide, and the Department of Natural Resources may acquire land
for purposes related to recreation, fishery, wildlife, conservation and power
plant siting. other state agencies may act to preserve historical sites and
agricultural land.- In addition, many land acquisition programs are financed by
special funds. Thus, the State of Maryland can, with legislation which already
exists, carry out its Coastal Zone Management Program.

Through the process of project evaluation, Maryland's Coastal Zone Management
Program will implement the concept of "networking" to draw together the organizations
and legal authorities which have jurisdiction over one or another aspect of a
coastal zone activity. The Coastal Zone Management Program's project evalua-tion
process will enable the consolidated review and evaluation of all major
projects proposed in the coastal zone. This process will result in a net saving
of time and money to both the applicant and the regulatory agencies. As soon as
a major project with the potential for significant impacts is proposed in the
coastal zone, the Coastal Zone Unit will draw together appropriate government
agencies, other interested parties, and the applicant, to identify issues implicit
in the proposal, and to select a team to evaluate the proposal. The Coastal Zone
Unit is the staff component of the Department of Natural Resources vested with
the responsibility for implementing the Coastal Zone Management Program.

In the evaluation process, the on-site and off-site cumulative impacts of
the proposed project will be identified and examined. Based on the findings of
that evaluation, each of the regulatory agencies involved will formulate its
decision, and through this process, the efficiency, scope, and depth of decisions
should be superior to what would be possible in an otherwise fragmented process.

- 12

Thus, through the project evaluation process, the Coastal Zone Management
Program will identify and combine the diverse issues related to a specific coastal
activity"(or combination of activities). It will then draw together a network
of the various agencies, statutes, and private interests relevant to the issues
at hand, and will combine these diverse inputs into a single coherent focus on
the coastal activity. The Energy and Coastal Zone Administration of the
Department of Natural Resources will have responsiblity for the leadership in
this process, with the participation of other units of the Department of Natural
Resources, the Departments of State Planning, Agriculture, Economic and Community
Development, Health and Mental Hygiene, and Transportation, the State Public
Service Commission, the State Board of Public Works, the coastal zone counties,
municipalities, and the Soil Conservation Districts serving them.

In addition to the evaluation of specific projects in the coastal zone,
the Maryland Coastal Zone Management Program will entail the ongoing review
of regulatory and management programs relevant to the coastal zone. Thus, the
Program will entail the built-in mechanism to ensure that the State's
legislative and organizational authoritie's will have the flexibility to keep
current with the needs and pressures of changing times.

Significance of the Marylafid Coastal Zone Management Program

The Maryland Coastal Zone Management Program offers the citizens of
Maryland a comprehensive program which addresses the broad spectrum of public
and private needs and resources associated with the coastal zone. It provides
the method, the orghhizational framework, and the legal strength to balance the
many pressures on the coastal zone, so that development, economic progress, and
preservation of valuable natural resources can be accomplished in a reasonable
manner, without the over-exertion of one influence at the expense of another -
without the exploitation of natural resources which can lead to their eradication,
and without, on the other hand, the halting of economic growth and development .

The Maryland Coastal Zone Management Program brings the interests of local,
state, and federal governments, the interests of industry and commerce, and the
interests of the public at large, into the coastal zone management process itself,
through the Coastal Resources Advisory Committee and the networking concept.

The Maryland Coastal Zone Management Program, through the project evaluation
process, gives substance to the networking concept and prevents potentially harmful
activities from taking place unnoticed, by requiring their comprehensive re@riew
with the participation of the various public and private interests likely to be
affected beneficially or adversely.

The Maryland Coastal Zone Management Program recognizes the need and
provides the means for financial assistance to government agencies seeking to
alleviate or prevent adverse impacts on coastal resources.

And, finally, the Maryland Coastal Zone Management Program is the first
comprehensive, consolidated policy statement on the State's most economically
and aesthetically valuable resource: the coastal zone. With its foundations in
existing state and federal law, and with the built-in participation of public and
private interests, the Program respresents not a tentative collection of hopes for
the future, but rather a solid program with roots in the present, and with the
flexibility to meet the challenges and changing circumstances of the future.

- 13 -

Times have changed, and times will continue to change. But the implementation
of the Maryland Coastal Zone Management Program can ensure that the State's most
aesthetically beautiful, recreationally active, naturally fertile, commercially
viable, and economically significant resource - the Coastal Zone - can survive
the stressesof the present and the uncertainties of the future. In the centuries
since our prehistoric predecessors roamed the coastal zone, the vital importance
of our coastal resources has not diminished. By involving and drawing into
focus the diverse government agencies, private interests, and legal authorities
relevant to the coastal zone, the Maryland Coastal Zone Management Program
represents a Partnership for Balanced Action to preserve and enhance the value of
the State's irreplaceable coastal resource, for present and future generations.

F C APTER I
OVERALL IMPLEMENTATION FRAMEWORK

I
K

1. OVERALL IMPLEMENTATION FRAMEWORK

I. Introduction: Program Authorities

Coastal zone management in Maryland will be the combined and coordinated
exercise of all existing and future land and water management authorities of
several governmental units of the State. The Coastal Zone Unit's inventory
and assessment of laws and the agencies which administer them reveals that
six executive departments, two independent agencies, 16 counties, Baltimore
City, and several municipalities already exercise considerable regulatory
authority over Maryland's coastal zone with regard to land and water use.

To the extent that problems have been identified, are understood, and a
sufficient technical basis for decision-making exists, there is sufficient
authority in Maryland (1) to carry out the Program proposed in this document,
(2) to satisfy the requirements of Section 306 of the federal Coastal Zone
Management Act, and (3) to tackle the State's top priority coastal resource
management problems. All-encompassing coastal zone management legislation
would duplicate existing state-wide management programs.1

The authorities requirements of the federal Coastal Zone Management Act
include the following:

Section 306(c)(7) of the federal Coastal Zone Management Act requires that:

"Prior to granting approval of a management program submitted
by a Coastal State, the Secretary shall find that... the state
has the authorities necessary to implement the program, including
the authority required under subsection (d) of this section."

Section 306(d) requires that:

"the state, acting through its chosen agency or agencies,
including local governments, areawide agencies designated
under Section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966, regional agencies, or interstate
agencies, has authority for the management of the coastal
zone in accordance with the management program. Such authority
shall include power -

(1) to administer land and water use regulations, control
development in order to ensure compliance with the
management program, and to resolve conflicts among
competing uses; and

1This Chapter is intended to present the framework of the Program, and thus
summarizes both the federally mandated requirements for program authority and
organization, and the State -laws, regulationsand procedures that respond to
those requirements. A more complete legal analysis of the authorities of the
Program is found in Chapter ,IiII.

_ 15 -

(2) to acquire fee simple and less than fee simple interests
in lands, waters and other property through condemnation
or other means when necessary to achieve conformance with
the management program." 40
Chapter VIII contains an inventory of relevant constitutional provisions,
legislation, amendments, regulations, and judicial decisions, as required by
the Act, Section 305(b)(4). It also documents that the State and local govern-
ments have fully adequate powers of acquisition.

Section 306(e)(1) requires that an approvable management program provide for:

it any,one or a combination of the following general techniques
for control of land and water uses within the coastal zone:

(1) State establishment of criteria and standards for
local implementation, subject to administrative review
and enforcement of compliance;

(2) Direct state land and water use planning and regulations; or

(3) State administrative review for consistency with the
management program of all development plans, projects,
or land or water use regulations, including exceptions
of variances thereto, proposed by any state or local
authority or private developer, with power to approve or
disapprove after public notice and an opportunity for
hearings."

Chapter III,"Appropriate Land and Water Uses" further describes the laws
and techniques which can be used to manage each appropriate land and water use.
Discussion provided in that chapter identifies the management technique - i.e.,
state standards for local review, direct state planning and regulation, or state
administrative review - employed by each law cited.

Section 305(b)(3) of the Act requires a management program to include
Ilan inventory and designation of areas of particular concern with the coastal
zone". The Act further states that a management program shall include "broad
guidelines on priority of uses in particular areas." (Section 305(b)(5)).

ChapterIV outlines Maryland's approach to Geographic Areas of Particular
Concern and the management techniques available through the State Critical Areas
Program.

While at present, sufficient authorities are available to allow state and
local governments to carry out a comprehensive program for management of coastal
resources, these separate authorities must be fitted together through coordination
of state and state-local programs. The Coastal Zone Unit identified stumbling
blocks that prevented coherent operation of a coastal zone program based on
the cooperative exercise of a combination of authorities:

1. No clear statement of policies and priorities for coastal zone
management had been assembled and officially endorsed.

2. Most permitting programs are designed to look at only one aspect
of coastal impact.

3. Duplicative or overlapping evaluations often cause delays in
permit letting for beneficial projects.

4. There is often disagreement on which inventories or studies
constitute the best and most recent information on which to base
management decisions.

5. There is no point of responsibility for assessing cumulative
impacts of various permit actions.

6. Not all local comprehensive plans recognize existing state
performance standards.

7. State programs often demonstrate unfamiliarity with local management
priorities, problems, and plans.

This program document, particularly this chapter and Chapter ITIdescribe
how Maryland's Coastal Zone Management Program overcomes these obstacles, through
establishing or clarifying objectives and policies, and through coordinating and
broadening the regulatory review process for coastal projects, under the
auspices of an Executive Order of the Governor and Memorandum of Understanding
between the Executive Departments involved in the program.

The next section of this Chapter addresses the organizational framework for
implementing a Coastal Zone Management Program. Measures being taken or proposed
to overcome the problems identified will be detailed. These measures include
four implementation tools: (1) committing all program participants to a set of
goals, objectives, and policies, (2) enhancing intergovernmental coordination
in carrying out the Program, (3) providing for comprehensive review of all
major activities in the coastal zone, and (4) assuring consideration of
cumulative impacts in coastal management decisions. The Chapter concludes with
a discussion of' conflict resolution mechanisms.

Il. Existing Organizational Structure

The federal Coastal Zone Management Act requires that the State be organized
to implement its coastal management program (Section 306(c)(6)). In addition,
the State Program must include:

"...a description of the organizational structure proposed to
implement the management program including the responsibilities
and interrelationships of local, areawide, state, regional and
interstate agencies in the management process." (Section 305(b)(6)).

The Program must also identify the single state agency designated to receive and
administer federal grants, and the lead agency for program implementation.

The chart on the following page (Figure I-1) shows the overall organizational
structure of Maryland's Coastal Zone Management Program, consisting of six state execu-
tive departments, two additional agencies, 16 counties, Baltimore City, and the
municipalities within the coastal zone, and the soil conservation dis@r'icts which
serve each coastal county. Within this network of state and local agencies, the
Department of Natural Resources is the lead agency for program implementation.
The roles of each state and local program participant are described below.

A. The State Role: Executive Departments and Agencies

In general, the role of state government in the Maryland Coastal Zone
Management Program is to manage resource use either directly, or through setting
and reviewing standards for local implementation. Any activity related to water
quality or appropriation, or any activity which uses lands directly associated with
state waters (submerged land, tidal wetlands, 100-year rive'rine flood plains,
Chesapeake Bay beaches to the mean high tide, and Atlantic beaches to the dune
line) are regulated directly by the State. Direct planning and regulatory activities
of the State also include impact evaluation and/or siting of major facilities
(power plants, coastal oil facilities, sewage treatment plants, port facilities,
marinas, surface mining operations, and highways). With the exception of coastal
oil facilities and surface mining operations, the State may acquire sites specifically
for these uses. In certain other types of resource management activities, the
State has, or is in the process of promulgating, standards and guidelines for
local implementation. These activities include grading and sediment control, storm
water management, the designation and management of State Critical Areas, the
management of historic districts and scenic rivers (the Patuxent, the Severn, the
Wicomico, and the Pocomoke), and comprehensive watershed flood management. Each
of these state programs is carried out or overseen by one of six executive departments
or one of two independent agencies.

The executive branch in Maryland is organized in secretariats. While an
executive department may consist of several administrations, divisions, or bureaus,
each of these units is responsible to one secretary, who in turn is responsible
to the Governor and is a member of the Governor's cabinet. Each executive
department functions as a cohesive unit. The secretary in charge of the department
is responsible for:

- 18

ORGANIZATION OF COASTAL ZONE MANAGENT PROGRAM
GOVERNOR
LBOARD OF PUBLIC WORKS --

STATE SECRETARIES
DOT DOA DHMH DNR DSP PSC
I j DECD

ENERGY &
COASTAL ZONE
ADMINISTRATION-

ADVISORY
ACADEMIC
CRAC
COASTAL INSTITUTIONS
ZONE
MANAGEMENT
> PROGRAM FEDERAL
STATE AGENC I ES AGENCIES

_j
w 9
9 ci 9
0 6 w 0
z w 0 w 0 id cs
z 0 0 0 w
0 ::i w t.; w w
2 w w cm 0
0 b w
E b >_j . w 0 2
At cc w z L2WE]
x 0 Ir 0
(L
w ui !or L 1-c I

- establishing policy to be followed by the agencies, offices and
other units of state government within his Department;

- efficient and orderly administration of the Department;

- comprehensive planning of programs and services within the
jurisdiction of his Department;

- reviewing and approving the plans of all units of state government
within his jurisdiction;

- the budget of his office and other units within his jurisdiction;

the organization of his office, and recommendations to the Governor
for changes in the organization and placement of units of state
government within his jurisdiction;

creation of citizen advisory bodies he deems necessary for the
operation of his Department;

advising the Governor of any modification, abolition, and transfer
of advisory bodies within his jurisdiction;

- counseling and advising the Governor on any matters assigned to
the Department; and

- carrying out the Governor's policy in matters assigned to the
Department.

The Governor is responsible for the orderly and efficient operation of
the executive branch. Any conflicts which arise between principle departments
of the executive branch are ultimately settled by the Governor's office. The
Governor is responsible for preventing overlap in duties and responsibilities
between departments by transferring agencies between departments,issuing orders
clarifying the duties of departments, or creating interdepartmental task forces
when necessary (Article 41, Section 15C (1971)).

The Governor will issue an Executive order which formalizes the
structure of the Coastal Zone Management Program within the Executive BrancH-.
The Executive Order accomplishes the following:

a. It formalizes the goals,objectives and policies of the Program;

b. It formalizes the administrative processes project evaluation
and program review - of the Program;

C. It requires all executive departments and agencies to participate
in and support the Program;

d. It establishes certain responsibilities in the Department of
Natural Resources consistent with the Department's legislative
mandate;

- 20

e. It ensures gubernatorial oversight of the Program; and

f. It encourages local participation in the Program.

1. Department of Natural Resources

The Department of Natural Resources is the agency designated (by letter
of the Governor of Maryland to the Director of the Federal office of Coastal
Zone Management, March 12, 1973) as the single agency to receive and administer
the Coastal Zone Management Administration Grants. The Secretary of Natural
Resources is authorized to:

"...apply for, accept, and administer for the State any federal
funds or appropriations of money for any purpose which may be
hereinafter made out of the federal treasury by any Act of the
Congress." (Natural Resources Article, Section 1-104(c)(1974)).

The Department is also the lead agency for implementation. The Coastal
Zone Unit within the Department provides-the staff to support the Program,
including the federally prescribed duties of a lead agency in applying for and
administering federal coastal zone management funds, reporting periodically
to the federal Office of Coastal Zone Management on implementation of the Program,
and coordinating consistency reviews of federal actions.

Duties of the Department of Natural Resources include stewardship of the
State's waters, fish and wildlife, forest, minerals, and recreational resources.
The Secretary who heads the Department is responsible for:

"...the development of coordinated policies for the preservation
conservation, enhancement, wise use and perpetuation of the natural
resources of the State. He is responsible for the efficient
coordination of all natural resources activities of the State
including the settlement of conflicts which arise among units
within the Department of Natural Resources." (Natural Resources
Article, Section 8-203(b)(1974)).

The Department may acquire by condemnation land, earth, gravel, stone,
timber, material, or any improvement when necessary to carry out any legisla-
tive act or advance forestry, parks, recreation, or the work of the Department.
The Department has a board of review consisting of seven members appointed by
the Governor which hears appeals on any decision of the Secretary or unit
of the Department, subject to administrative review.

21 -

The following units within the Department of Natural Resources are
responsible for land and water use management programs:

Water Resources Administration (WRA)

Energy and Coastal Zone Administration (E&CZA)

Maryland Environmental Service (MES)

Maryland Environmental Trust (MET)

Capital Programs Administration (CAP)

Maryland Geological Survey (MGS)

Wildlife Administration (MWA)

Fisheries Administration (MFA)

Forest Service (MFS)

Park Service (MPS)

Doat Act Advisory Committee (BAAC)

Natural Resources Police (NRP)

Maryland Membership of Interstate Commissions

The Secretary of Natural Resources will issue a Secretarial order which
will formally establish the responsibilities of the various agencies of the
Department in the implementation of the Coastal Zone Management Program. The
order will spell out procedures for agency participation in project evaluation,
program review, and federal consistency reviews. (Figure 1-2 is an organizational chart
of. DNR).
2. Department of State Planning

The Department of State Planning (DSP) functions as the Governor's principle
planning department and serves all state and local agencies in an advisory,
consultative, and coordinating capacity on state planning matters. While DSP
powers are largely advisory, it has many responsibilities which give it great
influence on a variety of state and local government activities. It uses its
advisory influence to produce a balanced and integrated program for development
and use of the State's resources. Because of this overview and coordinating role,
DSP will be involved in project evaluation and program review on a regular basis.

The Department is presently preparing plans for the development of the State,
including a state Land Use Plan. Once formalized, these plans will serve as a
framework for the development, planning, and regulatory activities of all units
of State government.

FIGURE 1-2

Department of Natural Resources

-0 Secretariat

L
Legal Board of Revie Advisory Board Boards & Trusts

Publ Consumer General
Services ces Admini stration
Extension Service ic Information I I I
Regional Activities Maryland Conservationist Registration and Titling Fiscal Administration
Recreational Services Sportfishing Regional Service Centers Personnel Administration
Library Equal Employment
Opportunities
Data Processing Services
Mail and Printing
Maryland WBoard of Capital Pro
Environmental Trust ell Drillers Administr

Keep Maryland Beautiful Licensing Land Planning
Program Open
Waterway Impro
Shore Erosion C-

Wildlife Park Natural Water Maryland Energy and yland
Admin Admin. Service Service Resources Resources Environ. Coastal Geological
I I Police Force Admin. Service Zone Admin. Survey
Fisheries Forest Mar

Shellfish Forest Wildlife State Park State Forest Marine Enforcement Project Power Plant Hydrogeology
Tidewater Waterfowl Management Operation Enforcement Permits and Development Siting & Hydrology
Finfish Upland Wildlife Forest Fire Inland Certification Design and Coastal Zone Environmental
Inland Furbearers & Control Enforcement Technical Construction Management Geology
Fisheries Marine Mammals Roadside Tree Services Operations & Bureau of Coastal and
Non-Game & Protection Estuarine
7Land nion
PIan g
Prog ram op. n
Wat erw ay Im pro
Sh.re Ero s, nC

Endangered Species Technical Water Resource Maintenance Mines Geology
Environmental Review Forestry & Planning Energy Archaeology
Land Management Reforestation Policy Office
& Technical
Services

The Department of State Planning is responsible for preparation of the
State's Capital Budget. It reviews all departments' capital improvements
proposals for inclusion in the State Capital Budget, and assists all departments
in preparation of short- and long-term capital improvements plans. The
Department of State Planning also administers the A-95 Clearinghouse, establishes
official population projecti6ns, and develops the Maryland Automated Geographic
Information System (MAGI).

The major role of DSP in coastal zone management will be implementation
of the two programs assigned to it by the State Land Use Act of 1974. These
programs are the State Critical Areas Program (which will be the means of
designation and management of Geographic Areas of Particular Concern within
the coastal zone), and the review of local planning and zoning activities to
determine when state intervention in land use decisions is necessary.

Because of the major role DSP plays in coastal zone management, the staffs
of DSP and the Coastal Zone Unit have worked closely in the development of the
Coastal Zone Management Program. Points of agreement on program implementation
have been formalized in a Memorandum of Understanding between the Secretaries of
DSP and DNR (see Appendix H) and include:

Points of Agreement

a. Goals and objectives of the Coastal Zone Management Program.

b. operation of the program within the framework of plans for the development
of the State.

c. The procedure for Coastal Zone Unit participation in the process
of Critical Area designation.

d. Department of State Planning intervention in local land use
decisions concerning coastal resources upon request by Department
of Natural Resources.

e. Plan and permit review by Department of State Planning using
coastal zone management program goals and objectives.

f. Data management and the Maryland Automated Geographic Information
System.

g. Cooperation between regional employees and Department of State
Planning and county-employed coastal technical assistants.

Figure 1-3 shows the organization of the Department of State Planning.

3. The Department of Health and Mental Hygiene

The Department of Health and Mental Hygiene (DHMH), has an extremely
wide range of responsibilities. As with DNR, all administrations of DHMH
answer to the same Secretary. All the responsibilities of DHMH which pertain
to coastal zone management, however, are located within one DHMH administration
the Environmental Health Administartion (EHA).

FIGURE 1-3

Organization of The Department of State Planning

Governor
J
Assistant Attorney Secretary State Planning
General Commission

Deputy
Secretary

General
Administration

Regional Capital Comprehensive
and Research Improvement State
Local Program Planning
Planning Programs

State
Clearinghouse

The Environmental Health Administration (EHA) shares responsibility for
the State's water quality with WRA of the Department of Natural Resources. The
Environmental Health Administration administers sewage treatment facility
construction grants authorized by P,L. 92-500 (federal Water Pollution Control
Act Amendments of 1972) and the State's sewage treatment construction funds,
in conjunction with DNR and DSP. It is responsible for overseeing the county
water and sewerage planning process, establishing standards for individual water
and sewerage facilities, and permitting the construction of water and sewage
treatment facilities and individual additions to water and sewerage systems.
Department of Natural Resources and EHA have exchanged a series of letters which
establish procedures for the sewage treatment planning, funding, and permitting
process. The relationship between DNR and EHA is also spelled out in the
State's Continuing Planning Process for water quality.

The Environmental Health Administration is also responsible for the State's
shellfish sanitation program, and determines when certain areas should be closed
to shellfish harvesting. The Department of Natural Resources then enforces the
closures. Department of Natural Resources and EHA have established a Memorandum
of Understanding on the running of the shellfish planning program. Additionally,
EHA is responsible for the State's air quality and noise regulation programs.

A Memorandum of Understanding between EHA and DNR on coastal zone management
is being negotiated, and will address the following points:

a. Exercise of EHA's authorities consistent with the Coastal Zone
Management goals, objectives and policies to the extent allowed
by its legislative mandates.

b. Incorporation of air quality standards into the Coastal Zone
Management Program, and involvement of EHA in project evaluations
when air quality matters are concerned.

C. Incorporation of water quality standards into the Coastal Zone
Management Program, and involvement of EHA in project evaluation
when water quality, sewage treatment and refuse disposal are
concerned.

d. Environmental Health Administration review of county water sewerage,
and solid waste disposal plans for consistency with the goals,
objectives, and policies of the Program.

e. Consistency of sewage treatment water funding priorities and
construction with the goals, objectives and policies of the Coastal
Zone Management Program.

f. Participation of EHA in federal consistency reviews as appropriate.

Figure 1-4 shows the organization of the Environmental Health Administration.

FIGURE 1 -4

Maryland State Department of Health and Mental
Hygiene, Environmental Health Administration

Office of the Director

Bureau of Air Quality Bureau of Bureau of
and Noise Control Sanitary Engineering Food and Drugs

Division of Construction Division of
Division of Engineering Division of Grants Unit Division of Compliance
Air Water and Food and
Monitoring Sewerage Control Enforcement

Division of
Program Division of Division of
Division of Planning Division of Solid Waste Division of Drug
Compliance and Analysis Generall Control Milk Control
Sanitation Control

Division of Division of
Planning Product
and Division of Safety
Compliance Radiation
Control

4. The Department of Transportation

The Maryland Department of Transportation (MDOT) has within its jurisdiction
two administrations which carry out major activities in the coastal zone. The
State Highway Administration (SHA) is responsible for the State's primary road
system and has extensive long-range highway planning responsibilities. It should
be noted that all construction of highways by SHA requires grading and sediment
control approval by WRA, as well as other permits involved in bridge or other
stream bed alterations, or wetlands filling. Another unit of the Department of
Transportation is the Maryland Port Administration (MPA) which was created for
the purpose of improving existing port facilities and creating new port facilities
when the public interest so requires. The Maryland Port Administration is involved
in promoting and maintaining th_e Port of Baltimore and in developing other small
port facilities in the State. Again, port development activities supported by
MPA which involve dredging or filling require wetlands licenses and/or permits.

The Department of Transportation has established an Action Plan which details
the procedure by which transportation projects are identified, given funding
priority, and routed and designed. The Plan provides for full participation of
citizens, local governments and state agencies. While MDOT was required to
establish this process only for highway planning, it has also committed itself
to applying the process to all modes of transportation (highway, port, aviation,
rail, and mass transit).

A Memorandum of Understanding between MDOT and the Department of Natural
Resources will cover the following points:

a. Support of Coastal Zone Management goals, objectives,and policies
in the transportation planning and construction processes through
continued liaison between CZU and the MDOT comprehensive planning unit.

b. Methods by which project evaluation is carried out within the
framework of the Action Plan and participation of DNR in that
process.

c. Recognition of the consolidated Transportation Program as an expression
of the State's priorities for transportation funding, provided
that projects therein meet State socio-economic and environmental
standards and policies.

d. Recognition of the need for maintenance and enhancement of the
State's ports,particularly the port of Baltimore, and the need
for proper planning, design and implementation of port related
facilities to minimize disruption of valuable environmental coastal

resources.

e. Participation of MDOT in federal consistency reviews where transportation
matters are involved (which will include, but not be limited to,
all instances where roads cross navigable waters, and where commercially
important channels are dredged).

- 28

5. The Department of Economic and Community Development

The Department of Economic and Community Development (DECD) was created to
promote the economic and cultural welfare of the people of Maryland. The Department
investigates and assembles information on the industrial opportunities and economic
resources of the State, and encourages new industrial enterprises, expansion of
existing businesses, and recreational and tourist development.

Important to implementation of the Coastal Zone Management Program are:
(1) the assistance given by DECD to local governments in economic and community
development planning, (2) acquisition and development of industrial park sites,
and (3) the activities of the Maryland Historical Trust, DECD and DNR have
developed a draft Memorandum of Understanding which will address the following
major points:

a. Support of the Coastal Zone Management Program goals, objectives and
policies in the Department of Economic and Community Development's
promotional activities, programs for sustained economic development,
and historic preservation activities.

b. Participation of DECD in the project evaluation process and
recognition of the process as a means of resolving potential conflicts
or making necessary trade-offs between environmental and economic
goals for the coastal zone.

C. Participation of DECD in federal consistency reviews when matters
of social, economic, or fiscal impacts of projects are involved.

d. Department of Economic and Community Development assistance to DNR
in developing and implementing its Coastal Energy Impact Program.

The Department of Economic and Community Development has also accepted a
major role in establishing the State Development Plan. The State Development
Plan is mandated in Article 88C and is the responsibility of the Department of
State Planning. These two departments have developed a draft Memorandum of
Understanding which clarifies their roles in development of the plan.

6. Department of Agriculture

The Secretary of Agriculture nas general supervision, direction, and control
of the provisions of the agricultural laws and "...generally of all matters in
any way relating to the fostering, protection and development of the agricultural
interest of the state," (AG Article Section 2-104(1974)). The important functions
of the Departmen't of Agriculture in coastal zone management include the regulation
of pesticides, the preservation of productive agricultural land, and management
of soil erosion problems.

Since the relationship of the Department of Agriculture and the Department
of Natural Resources in the regulation of pesticides, hazardous substances and
sedimentation is defined in the relevant legislation, it has not yet been
determined if a Memorandum of Understanding is necessary, A Memorandum may be
desirable to ensure the interests of the Department of Agriculture -are fully
represented in the program.
2.9

'7. Independent Agencies

Two agencies which are not in these departments but which have coastal zone
management responsibilities are the Public Service Commission and the Board of
Public Works. The Public Service Commission comprises the Department of Public
Utilities and is responsible for regulating common carriers and utility companies,
including licensing of electric power plants. Its members are appointed by the
Governor. In conjunction with the Power Plant Siting Program in the Department of
Natural Resources, the Public Service Commission cannot license a power plant until
it receives a recommendation on the site by the Power Plant Siting Program.

The Board of Public Works, consisting of the Governor, the Comptroller and
the Treasurer of the State, is responsible for approving all disposition of state
lands (including state wetlands). The Board of Public Works is responsible for
approving expenditures of all sums appropriated through state loans, and funds
appropriated for capital expenditures (except roads, bridges, and highways).

8. Maryland Council on the Environment

The Maryland Council on the Environment was created by an Executive
Order of the Governor. The Council consists of the Governor and the Secretaries
of Natural Resources, State Planning, Health and Mental Hygiene, Agriculture, and State.
The Council may appoint additional ex officio members. The Council's mandate
is to coordinate all the State's activities relating to the quality of the State's
environment.

B. The Local Role

1. Planning and Zoning

Resource management planning and decisions made at the state level often
have wide-reaching land-use ramifications. Nevertheless, the actual assignment
of specific types of land use to specific areas, which we know as zoning, is and
should remain the province of local governments in Maryland. State involvement
in local land use decisions is required only when these decisions would produce
an adverse impact on the State's natural resources, would interfere with the
orderly operation of state-wide programs and furtherance of state policies, or
would have implications to land and water uses in other jurisdictions. State
participation in such decisions will occur through the intervention technique
authorized in Article 88C, Section 2(q) of the State Code.

state administrative review of local development plans, zoning ordinances
and variances, and special exceptions thereto for consistency with the state
coastal management program,is carried out by the Department of State Planning.
The Department of Natural Resources and other departments assist DSP in this process.
Disapproval of local decisions will result in intervention. Further explanation
of the intervention technique, and how it can be used to meet the federal Coastal

Zone Management Act authorities requirement, is provided later in this Chapter,
and in Chapter VIII. The full text of the guidelines for intervention in local
land use decisions promulgated by the Department of State Planning are provided
in Appendix E.

Maryland's local governments (counties and municipalities) are divided
into three categories: chartered, non-chartered, and code. All have a similar,
extensive degree of planning and zoning powers, Chartered counties are given
an express grant of the State's police power (delineated in Article 24, Section 5).
They may thus pass their own ordinances (so long as these do not conflict with
state laws) and the State General Assembly may not pass a law specific to them.
In effect, then, chartered counties have the most procedural freedom.

Non-chartered counties and municipalities exercise their planning and
zoning powers pursuant to Article 66B, which spells out the relationship between
comprehensive planning and zoning and certain procedures to which the county must
adhere.While code counties may pass some ordinances in the manner of chartered
counties, they derive their planning and zoning authority from Article 66B.

The following are the coastal chartered, non-chartered, and code counties:

Chartered Non-Chartered Code

Anne Arundel Calvert Kent
Baltimore Caroline Worcester
Harford Cecil
Prince George's Charles
Talbot Dorchester
Wicomico Queen Anne's
Somerset
St. Mary's

Baltimore City is a municipality, but has a special charter. Its planning
and zoning authority are spelled out in the State Code in Article 66B, Sections
2.01 to 2.11, and in the City Charter. Because of its size and importance,
Baltimore City, like the counties, serves as a functional unit of the State for
the implementation of state programs.

Table I-1 shows the date of the most recent comprehensive plan, the zoning
ordinance, and the subdivision regulations of each coastal county apd Baltimore
City. It should be noted that many counties also have building codes. Consistent
with the comprehensive plan must be the water, sewerage, and solid waste disposal
plans of the county which show the staged development of servicing over a 10-year
period. These plans - which must also conform to state level water supply and
water quality planning - form the basis for evaluation of permits for construction
of new hookups or facilities by the Environmental Health Administration.

TABU, I --- I

STATUS OF COUNTY PLANNING AND ZONING

subdivision Building P&Z Budget
County Plan Zoning Regulations Code Staff. -FY 76

Anne Arundel, 1972 1971 1969 x 48 $ 642,090

Baltimore City 1973 1971 1971 x 129 2,206,413

Baltimore County 1972 1974 1972 x 70 1,179,029

Harford 1969 1957 1959 x is 224,054

Prince George's 1964 1949 1961 x 117 2,184,520

Calvert 1974 1967* 1972* x 4 97,491

Charles 1974 1974 1974 x 7 97,000

St. Mary's 1974 1974 1974 7 '168,366

Caroline 1967* 1967* 1972 2 31,760

Cecil 1974 1962* 1976 x 5 72,473

Kent 1975 1975 1975 4 31,870

Queen Anne's 1965* 1964* 1965* 5 54,665

Talbot 1973 1974 1974 4 39,900

Dorchester 1974 1975 1972 6 75,072

Somerset 1975 1971 + 4 32,950

wicomico 1962 1968 1957 x 10 133,127

Worcester 1976 1965* 1967* 5 70,113

*Readopted in 1974

+Currently in adoption process

- 32

The coastal zone boundaries, goals, objectives and policies, and geographic
areas of particular concern are all guidelines for local governments' coastal zone
management activities. Local governments will be asked to review all planning,
zoning and other regulatory actions for consistency with the Coastal Zone
Management Program. When actions occur that appear inconsistent with these
guidelines, the Coastal Zone Unit (through project evaluation or program review)
will determine whether the action is inconsistent, and will seek a consistent
solution. When no consistent solution can be negotiated, the Coastal Zone Unit
will request other state agencies with pertinent regulatory responsibility to
enforce the guidelines of the Program. if this approach is not feasible, the
Coastal Zone Unit will ask the Department of State Planning to intervene on
behalf of the Program. The Department of State Planning has agreed to do
this in the Memorandum of Understanding with the Department of Natural Resources.
Further discussion of the local role in implementing the program will be found
in Chapter V.

2. State Intervention in Local Decisions

The intervention authority is stated in Article 88C Section 2(q):

The Department of State Planning shall have the right and
authority to intervene in and become a party to any admini-
strative, judicial, or other proceeding in this State concerning
land use, development or construction. Upon intervention, the
Department shall have standing and all rights of a party in
interest or aggrieved party, including all rights to apply for
judicial review and appeal. In addition, it may file a formal
statement of environmental or economic impact expressing the
views of the Department and any other unit of the State govern-
ment. The right of intervention in any administrative, judicial
or other proceeding in this State may be exercised only in
accordance with applicable rules of procedure and law as they
relate to the proceeding. The Department and the governing
bodies of the local subdivisions shall establish procedures
for notification of the Department of applications for zoning,
permits, or authority to use, develop, or construct upon land
which involves more than a local impact and is of substantial
State or regional interest.

While the intervention regulations (see Appendix E for full text) make clear
that intervention does not constitute a direct veto power, the technique does
give the State a reasonable and rational mechanism for injecting the State's
concerns into the decision making process. Further, the Department of State
Planning will be able to initiate an administrative or judicial appeal of a
decision if it feels that the state viewpoint is not adequately taken into
account.

- 33 -

Intervention would mean little in a state in which local governments
did not carry out an active planning and zoning process, since there simply
would not be appropriate land use proceedings in which to intervene. This 40
situation, however, is not the case in Maryland. All coastal counties have
a comprehensive zoning plan and zoning ordinance which covers 100 percent of
their land area. Zoning ordinances are backed up by subdivision regulations
in all coastal counties. Comprehensive plans, as well as individual zoning
decisions, are subject to Department of State Planning review. The intervention
process thus is designed to support and take advantage of a strong, existing
planning and zoning system.

An example of the use of the intervention procedure is found in the Otter
Point Creek case. The Harford County League of Women Voters requested state
assistance in a case involving a large-scale development which had potential
for serious impact on Otter Point Creek marsh. Based on a report by the Coastal
Zone Unit on the values of the marsh and the potential impact of the development,
the Department of State Planning decided to intervene in the case. Specifically,
it entered into the review of a decision by Harford County to allow a higher
density of subdivision than was originally approved. The Department of State
Planning also worked with the Department of Natural Resources to develop the
State's position on the Corps of Engineers permit for the development and the
associated state water quality certification. As a result of the intervention,
the housing development was redesigned to move a portion of the development out
of non-tidal marsh and flood plain areas, to institute stricter controls on
vegetation between the development and the marsh. As a result of the developer's
agreement to these changes, intervention proceedings were dropped. (See Appendix
E for full text of pleas).

The intervention procedure's greatest advantage, however, is that it can
be used to prevent state-local conflicts, rather than simply to react to such
conflicts. For example, if an area was zoned for high density development on
a county zoning map but was within the boundary of wetlands, the county would be
notified of this inconsistency with state law and policy through intervention.
Whether or not the county zoning map reflected the wetlands boundary, the
development would be generally unacceptable under the Wetlands Law. On the other
hand, if all county zoning maps did reflect wetlands boundaries, the time, effort,
and expense that went into a development proposal and its state level review could
be saved.

C. Soil Conservation Districts

Each coastal county has a corresponding local soil conservation district
within the Department of Agriculture. Each district commission consists of five
Soil Conservation District supervisors, appointed by the State Soil Conservation
Committee. A soil conservationist is assigned to the district by the U.S. Soil

Conservation Service. Under the State Sediment Control Law, the Soil Conservation
Districts must approve sediment control plans before local governments may
issue construction permits.

A major function of the district is to give farmers assistance in developing
conservation plans for their farms. In addition, the districts may adopt
and use regulations, subject to the Secretary of Agriculture's approval, to help
conserve soil, water, other natural resources, and wildlife. At present, however,
districts have found it necessary only to adopt advisory guidelines. The districts
are playing a major role in the implementation of Phase II Water Quality Plans
(non-point source pollution planning pursuant to Section 208 of the federal Water
Pollutions Control Act Amendments of 1972).

The desirability of memorandum of Understanding between DNR nad the various
coastal Soil Conservation Districts is under consideration. Since several units
of DNR (notably the Water Resources Administration, the Forest Service, and the
Wildlife Administration) have already established such Memoranda with the Districts,
a set of Coastal Zone Managmeent Memorandum may be redundant. The Coastal Zone Unit
will continue to explore means of ensuring coordination with the Districts, and
among other DNR units, which would not add unduly to the Districts' administrative
burdens.

III. Implementation

Four mechanisms will be used to ensure that all government units use their
coastal management authorities to carry out the State's Coastal Zone Management
Program. First, a consolidated set of goals, objectives, and policies for coastal
zone management in Maryland have been promulgated (these are listed in the Executive
Summary). These goals, objectives, and policies will be formalized through an
Executive Order and through Memoranda of Understanding between the lead agency
for coastal zone management - the Department of Natural Resources - and other
government units. Secondly, an advisory group - the Coastal Resources Advisory
Committee -- has been established to represent local governmental program
participants, citizens and special interest groups. Third, a procedure has been
established by which individual proposals for projects which affect the coastal
zone can be comprehensively evaluated for consistency with the state program.
Fourth, a method for evaluating programmatic policies and decisions which influence
coastal resources management has been established.

A. Goals, objectives And Policies

The goals, objectives, and policies enumerated in Chapter III are consistent
with policy statements in Maryland Law and Regulations and result from consensus
of all interests and units of government with concerns and expertise in coastal
zone matters. These goals and objectives will be formalized through the following
process:

- 35 -

1. Certification of the Program by the Governor.

2. Formalization of the goals, objectives, and policies in an Executive
Order of the Governor.

3. Establishment of memoranda uf Understanding between Department of
Natural Resources and each participant executive departmentl on
(1) the participant department's role in implementing the goals,
obejective, and policies, (2) the participant department's role in
project and program evaluation, and (3) the interaction of specific
programs of the department with coastal zone management.

4. Establishment of work agreements between the Department of Natural
Resources and each county, which describe the tasks the local
jurisdictions propose to accomplish in support of the goals and
objectives including activities which assure compatible local and
state plans, programs, management policies, and other joint actions
relating to the coastal zone.

B. Coastal Resources Advisory Committee

The Coastal Resources Advisory Committee has been formed to represent all
participants in the Coastal Zone Management Program. The government of each
coastal county and the Mayors of Baltimore City and ocean City are represented
on this Committee. The counties and the five regional citizen advisory
groups each have chosen one citizen representative to the Committee.
In addition, many interests groups are represented as voting members. Repre-
sentatives of each of the six state executive departments, each of the federal
agencies with coastal zone management responsibilities, and academic institutions
provide non-voting technical support.

The Coastal Resources Advisory Committee was constituted in June, 1977.
The membership represents the organizations with responsibilities relating to
coastal area management and are able to function in the implementation of an
approved and operational program.

The Committee provides a forum where entities involved in coastal resource
activities can be kept aware of program actions and present their views on proposed
program proposals. While the various interests represented on the Committee may

lNo Memorandum of Understanding is anticipated with the Public Service
Commission or the Board of Public Works. The criteria these agencies must use.
in approving licenses for power plants and state wetlands alterations is defined
by state law in such a way that it supports the proposed coastal zone management
program. Further, these agencies must rely on the evaluation and recommendations
of the Department of Natural Resources in making licensing decisions. See
Annotated Code of Maryland, Department of Natural Resources, Article Section
9-305 et seq., and Article 78A, Section 54.

- 36 -

TABLE 1-2

coastal Resources Advisory Committee

Appointed by Secretary Coulter Appointed by
Local Governments

State Agencies Special Groups Local Representatives

Department of Agriculture Bethlehem Steel Corporation Anne Arundel 2
Department of Economic & Community Development Chesapeake Bay Foundation Baltimore 2
Department of Health & Mental Hygiene Chesapeake Bay Yacht Club Association Calvert 2
Department of State Planning Chesapeake Research Consortium Caroline 2
Department of Transportation (Md. Port Admin.) citizen regional representatives (5 at-large) Cecil 2
Department of Transportation (other units) Delmarva Advisory Council Charles 2
Lt. Governor's Office Delmarva Power & Light/Baltimore Gas & Electric Dorchester 2
Maryland Boat Act Advisory Committee and PEgCO (1 at-large) Harford 2
Maryland Environmental Trust Home Builders Association of Maryland Kent 2
Izaak Walton League Prince George's 2
Federal A&@ @ies League of Women Voters of Maryland Somerset 2
Maryland Association of Counties St. Mary's 2
Department of Agriculture Maryland Association of Realtors Talbot 2
Department of Commerce Maryland Association of Soil Conservation Dist. Wicomico 2
Department of Defense Maryland Bankers Association Worcester 2
Energy Research & Development Administration Maryland Chamber of Commerce Baltimore City 2
Environmental Protection Agency Maryland Conservation Council Ocean City 2
Department of Housing & Urban Development Maryland Farm Bureau
Federal Energy Administration Maryland Petroleum Association
Federal Power Commission Maryland Watermens' Association
General Services Administration Maryland Wetlands Committee
Department of Health, Education & Welfare Maryland Wildlife Federation
Department of the Interior Regional Planning Council
Nuclear Regulatory Commission Tri-County Council of Southern Maryland
Department of Transportation

Academic Institutions

Applied Physics Laboratory (JHU)
Center for Environmental & Estuarine Studies (UM)
Chesapeake Bay Center for Environmental Studies (Smithsonian)
Chesapeake Bay Institute (JHU)
University of Maryland Graduate School September, 1977

n6t always he in total agreement, the Committee's role as a regular communication
channel ensures that they will be provided an opportunity to have their views
considered and that they will be aware of the technical, environmental, and
economic bases for decisions.

The Committee also provides a framework for formal public involvement and
for coordination with local governments. Without the support of the public and of
local governments which are aware of, have helped shape, and support the implemen-
tation of a Coastal Zone Management Program, there is little chance such a program
will ever survive or effectively serve the public interest.

The Committee shall play an intensive advisory role in program implementation,
primarily through the efforts of subcommittees and task forces. Each should have
a broad composition containing representatives of State agencies, local governments,
special interests, and citizen's groups. Among the specific areas that the Committee,
and the smaller groups it creates, may address include: (1) the Project Evaluation
process, including the procedures and criteria that should be used in designating
and evaluating projects; (2) the identification of coastal problems requiring further
research and analytical studies for resolution; (3) the overall allocation of the
Program's technical and financial resources; (4) Federal Consistency review; and
(5) the implementation of the Coastal Energy Impact Program that was established by
the 1976 Coastal Zone Management Act Amendments.

C. Project Evaluation

At present, four types of major facilities - power plants, OCS/oil/natural
gas facilities, land transportation facilities, and sewage treatment facilities
are subject to a comprehensive review process in which all impacts are considered
in the decision-making process to approve, disapprove, or conditionally approve a
facility. The purpose of the project evaluation process is,to ensure that a
similar comprehensive review is undertaken on other projects likely to have a
significant impact on coastal resources. It should also enhance participation
and communication in the existing comprehensive reviews of power plants, OCS/oil
and natural gas facilities, and sewage treatment plants. The process will not
relocate decision-making in various agencies, nor will it require that regulatory
or funding agencies exceed their statutory authority. It will ensure that all
relevant factors are fully evaluated and that the activities of the various
planning regulatory and enforcement agencies involved are coordinated before decisions
are made.

1. Procedures for Initiating the Project Evaluation Process

In order to initiate the project evaluation process, a systematic procedure
for alerting the Coastal Zone Unit to possible projects for evaluation must be
established. Thus the Coastal Zone Unit will utilize the following sources of
notification:

a. Counties: Counties will notify the Coastal Zone Unit of proposals for
major facilities as described in Chapter III, "Land and Water Uses", and
for other projects within the Coastal Zone which have potential for
direct and significant impact on coastal resources. The type of activi-
ties likely to have such a potential are described in Chapter III. To
accomplish such notification of the Coastal Zone Unit, the existing noti-
fication procedures already established by the counties with the regional
staff of the Department of State Planning will be utilized to the greatest
extent possible. In most counties, the Coastal Zone Management Program

38 -

fas funded a technical assistant to work for the county on coastal zone
matters. This person could assist the county in identifying projects
for possible evaluation.

b. Department of State Planning - As part of its duties mandated by its
enabling legislation and the State Land Use Act of 1974, the Department
of State Planning reviews zoning amendment applications, variances,
special exceptions, comprehensive plans, subdivision approvals, and
other land use actions of greater than local concern.

The methods and subjects of notification will be worked out with
the Department of State Planning's regional staff, which screens these
proposals and notifies the Departments' State office of any project
which may involve conflict with state policies and plans, or which may
involve interjurisdictional disputes. As noted above, projects of con-
cern to the Coastal Zone Program could be identified at the regional
staff review level and forwarded to the Coastal Zone Unit. Procedures
will also be established with the State office to ensure that the Coastal
Zone Unit is notified of all proposed projects in the coastal counties
for which the Department of State Planning is considering intervention.

The Department of State Planning is also responsible for the State
capital budget and program and the State Clearinghouse process. By
these procedures, it can identify and inform the Coastal Zone Unit of
any projects that are potentially in conflict with the policies of the
Coastal Zone Management Program. In accordance with the Memorandum of
Understandirig it signed with the Department of Natural Resources in
February, 1977, the Department of State Planning has agreed to establish
such notification procedures using both its regional and its State staffs.

c. Other State Agencies - The other state agencies fund, undertake, and
permit projects in the coastal areas of the State. Through Memoranda
of Understanding (and for other units of the Department of Natural
Resources, Secretarial Order) procedures will be established for these
agencies to submit projects to the Coastal Zone Unit that entail the
potential for direct and significant impact on coastal resources. Types
of projects likely to have such impacts are described in Chapter III.

d. Federal Agencies - Federally conducted or funded projects appropriate for
project evaluation will be identified through the State Clearinghouse
process. Federally licensed or permitted activities will be identified
through referral procedures spelled out in Chapter III, or will be
established upon mutual agreement of the federal agencies and the Coastal
Zone Unit.

e. Other Sources - Requests for project evaluation will be accepted from
individual citizens, interest groups, other State agencies, and local
governments, and will be reviewed by the Coastal Zone Unit for possible
project evaluation.

2. Determining Applicability

The level of involvement of the Coastal Zone Unit in the evaluation of a project
will depend upon the nature of the project and the scope of the existing regulating
procedures. As shown in Figure 1-5, the project evaluation process undertaken by
the Coastal Zone Unit will consist of the following steps:

- 39 -

FIGURE 1-5

INITIATING THE PROJECT EVALUATION PROCESS

OTHER LOCAL DEPARTMENT FEDERAL
STATE GOVERNMENTS DSP OF STATE STATE AGENCIES
AGENCIES REGIONAL PLANNI N G CLEARING
STAFF HOUSE

REVIEW TO DETERMINE IF
PROJECT IS APPLICABLE

NOT APPUCABLE RELEVANT
FOR CZ U
ANALYSIS NO PROJECT EVALUATION
INDICATED

POSSIBLE PROJECT
EVALUATION INDICATED

INITIAL INFORMATIONAL
MEETING BY CZU CRAG
REVIEW a OR OTHER AGENCY
COMMENT

BY CZU TO

APPROPRIATE
AGENCY

NO CZU FU LL CRAC
ACTION PROJECT
OTHER
",,,N@@FF
REVIEW T1

OJ ECT

NECESSARY EVALUATION TASK FORCE

a. Upon notification of a proposed project, the Coastal Zone Unit will
review the project and decide (usually within 30 days) if it is appli-
cable for Coastal Zone Unit consideration.

b. If it is decided that the project is of Coastal Zone Management concern,
the project will be reviewed for possible conflicts with Coastal Zone
Management Program objectives/policies.

C. If a possible conflict with the Program's objectives or policies is
found, the Coastal Zone Unit will undertake (usually within 30 days)
one of the following actions:

i. Further review of the project and comment to the appropriate
regulating agency on the aspects of the proposed project about
which the Coastal Zone Unit has relevant information from its
studies or from other sources.

ii. Convene a meeting of relevant State and local agencies, and/or
attend a meeting held by a State or local agency, to obtain
more information on the project and to determine if coordina-
tion of governmental efforts is needed because of involvement
of more than one unit of government. After these meetings,
the Coastal Zone Unit may decide that (1) no further involve-
ment is appropriate, (2) comments on certain aspects should
be made to the relevant regulating agencies, or (3) a full
project evaluation is necessary and the project should be
submitted to CRAC for its consideration as described below.

iii. Immediately submit the matter to CRAC because a full project
evaluation is called for.

d. The full project evaluation process is described below. This level
of evaluation would be automatic for all major facilities as defined
in Chapter III. Included in such a designation are OCS/oil/natural
gas facilities, power plants, ports, industrial parks, mineral extrac-
tion facilities, large-scale residential developments, sewage treat-
ment facilities, and transportation facilities. In many cases, such
as those involving power plants, sewage treatment plants, public ports,
and transportation facilities, other governmental agencies may take
the lead, with the Coastal Zone Unit participating as described in
Chapter III and the respective Memoranda of Understanding. In such
cases, coastal zone management concerns will be incorporated into
existing environmental evaluation and review procedures (including
the time period allowed for review).

A full project evaluation will also be undertaken, after consultation with
the Coastal Resources Advisory Committee, on projects (1) upon request from other
state agencies or local units of government, (2) upon determination by the Coastal
Zone Unit staff that a full project evaluation is necessary to ensure a comprehen-

41 -

review of the project to determine its consistency, or (3) upon request from
citizens or interest groups, provided that the Coastal Zone Unit agrees that
a full project evaluation is needed to assure consistency with the program's
goals and objectives.

All requests for project evaluation will be subject to one of the above levels
of review, and the rationale for choosing the level of review selected will be
documented. The undertaking of a project evaluation will be timed so that the
results will be available to relevant state and local decision-makers.

3. Procedures for a Full Project Evaluation (See Figure 1-6).

a. After notification has been made that a coastal project is proposed
and an initial determination has been made by the Coastal Zone Unit
that a full project evaluation is warranted, the project will be
submitted to CRAC for its consideration. If CRAC indicates that its
involvement is warranted, a task force will be established immediately
to aid the Coastal Zone Unit in the project evaluation. A meeting of
the CRAC task force will then be held on possible issues that should
be considered. The Coastal Zone Unit, at appropriate points during
the project evaluation, will also meet with the CRAC task force to
obtain their comments.

b. A technical round-table meeting will be convened for technical repre-
sentatives of relevant governmental units and the applicant (if he
desires to participate). The purpose of such a meeting will be to
determine:

i. The issues which need evaluation.

ii. The information required by various approving authorities.

iii. The methods to be used to evaluate the project.

iv. The inhouse information-gathering and analysis that each
participating agency will undertake.

v. Additional information that will be required through
contractual studies.

The Coastal Zone Unit will send to the CRAC task force a summary of the
results of the meeting for their review and comment.

C. Following the round-table meeting, the Coastal Zone Unit will initiate
the technical analysis of the project, which will consist of:

i. Gathering information on the nature and extent of the
proposed project and the characteristics of the area in
which it is to be undertaken. Appropriate maps and other
existing sources of information will be used.

FIGURE 1-6

FULL PROJEGT EVALUATION

czu CRAC
TASK FORCE

TECHNICAL R0UNDTABLE MEETING
WITH CZUT APPLICANT AND
REGULATORY AGENCIES

ISSUES TO BE ADDRESSED & LONG TERM ISSUES
AND ,CRAG PROGRAM REVIEW
DATA REQUIREMENIS RECOMMENDATIONS

STATE GATHERS CONSUL-TANT
INFORMATION.

CZU EVALUATES

COMPREHENSIVE
REPORT

NOTIFY
+-COMMENTS a RECOMMENDATIONS

CzU

AGENCIES SECRETARY

HEARING
R
OR
EC DS

ii. Necesary contractual studies.

iii. Analysis of alternatives with the project, without the project,
and with modification of the project.

iv. Incorporation of the results of analysis by the other
government agencies.

V. Quantification of the impacts, wherever possible, associated
with each of the alternatives.

d. Upon completion of a project evaluation, the findings of the project
evaluation will be brought by the Coastal Zone Unit to CRAC for its
recommendations. The findings and recommendations will be submitted
to the Secretary of Natural Resources and the relevant regulatory
agenciles for their action,

4. Public Information Activities Related to Project Evaluation

The Coastal Zone Unit will try to keep all interested parties aware of the
projects which are being evaluated.

a. Counties will be notified of all projects impacting their jurisdiction
which the Coastal Zone Unit is going to evaluate.

b. All projects subject to a full evaluation will be listed and
briefly described (location, type of activity) in the Maryland
Register.

C. The minutes of the meetings of the Coastal Resources Advisory
Committee will briefly describe the status of project evaluations
underway and the recommendations of the Committee regarding projects
proposed by the Coastal Zone Unit for project evaluation. Anyone
can request to be put on the mailing list to receive copies of these
minutes.

d. Project evaluation activities will be reported in the Coast and Bay
B lines.

e. Means of further dissemination of this information will be explored
with the Department of Natural Resources' office of Public Information.

D. Program Review

In addition to evaluating the impacts of large construction projects on a
case by case basis as described under Project Evaluation, the Coastal Zone
Management Program will review existing programs and procedures dealing

- 44 - 0

with coastal resources and activities for their consistency with the Coastal Zone
Management Program. The impact of new programs and procedures concerned with
coastal resources will also be reviewed. The types of actions that fall into this
category include:

1. Proposed legislation affecting coastal resources and activities.

2. Issuance of new or amended regulations for any of the laws cited in
this document (e.g., wetlands, water quality standards, State Critical
Areas program).

3. Development of plans on which substantial future resource management
decisions will be based (e.g., River Basin or 208 plans, trans-
portation plans, state development plans).

4. Development of local comprehensive plans, annual comprehensive plan
updates, and comprehensive rezoning based upon the comprehensive
plan.

5. Patterns of decision-making on small, individually insignificant
projects which cumulatively have severe, adverse impacts on coastal
resources.

The purpose of such reviews is to create a forum in which all program par-
ticipants can (1) define conflicts or potential conflicts between programs or
actions and the goals, objectives and policies for coastal resource management,
(2) identify conflicts or inconsistencies between programs involving coastal
resources and activities, or different state agencies, or state and local govern-
mental agencies, (3) determine whether the conflicts arise from lack of technical
information, and if so, call on the Coastal Zone Unit to supply such technical
information, and (4) make formal proposals for administrative or legislative
remedies, if necessary.

One of the most important roles of the Coastal Zone Unit in program reviews
will be to determine the cumulative impacts of individual projects, and to identify
when such actions begin to have major adverse impacts on natural systems or on
economic and social well-being, both in localized areas and in the Chesapeake Bay
and Atlantic coastal bays system. As this point is reached, the Coastal Zone Unit
will work with other governmental units to ensure that consideration of cumulative
impacts are given sufficient weight in the decisions of state and local government.
In order to provide the information base needed to undertake such evaluation, the
Coastal Zone Unit will work with r6levant goverment agencies regulating or funding
coastal activities, to establish project tracking systems which would contain the
information on the type of project proposed, its location, and action taken on it.

Program review will take place at two levels. The first level will involve
cooperative efforts among the Coastal Zone Unit, other state agencies, and/or
local governments to resolve inconsistencies and policy differences 'between the
Program's goals and objectives and state or local governmental programs.
The technical assistants working with local governments, funded by the Program,

will provide needed staff support to enable local governments to participate in
such reviews. In these situations, cooperative work efforts between the Coastal
Zone Unit and state agencies and/or local governments should be sufficient to
resolve the conflicts. An example of this type of review would be review and
modification of local zoning ordinances and state regulatory policies, to ensure
that compatible criteria are used at state and local level for the siting of
marinas and associated recreational boating facilities.

The second level of program review would involve situations in which there
are major policy conflicts between program objectives, or in which inadequacies
in existing programs are identified which need legislative or significant.admini-
strative remedy. For example, the question of providing adequate protection to
non-tidal wetlands, while allowing reasonable use of coastal areas for agricultural
practices, residential development, may require review.

. A program review will be initiated upon determination of a programmatic
inconsistency by the Coastal Zone Unit, upon request for assistance by other state
agencies or local governments, and upon presentation of issues for programmatic
conflicts by citizens, organizations, and other interested groups. Proposals for
program reviews will be brought to CRAC for its advice. Since the first type of
review will involve an agreed-upon approach to resolution of the problem, the
review effort will be more informal, with a commitment to implement the review
results at both the state and local level by appropriate agencies. In the case
of the second type of review involving significant policy differences and possible
program changes, a more formalized approach will be necessary.

As with project reviews, the first step will be a meeting of all appropriate
agencies to discuss (1) the nature of the conflict or inadequacy, (2) specific
issues the review should address,'and (3) information that may be needed to resolve
the issues. The Coastal Zone Unit, with the assistance of appropriate agencies,
will then undertake a detailed study of the issue, and will prepare a report de-
scribing the issues involved, possible alternatives for resolution, and their
ramifications. Such alternatives may involve legislative action or significant
changes in administrative regulations.

The report containing the Unit's findings will be submitted to the CRAC for
its review. The Unit's report containing suggested actions will be forwarded to
the Secretary of Natural Resources and other governmental bodies. They will then
take action to resolve the issues (including seeking new legislation if needed).

IV. Conflict Resolution

Each of the implementation tools described - goals, objectives, and
policies, the Chesapeake Bay and Coastal Zone Advisory Commission, the project
review process, and program review - are designed to enhance coordination and
resolve potential conflicts before they appear. Whenever, in the process of
project evaluation or program review, intergovernmental conflicts arise that
cannot be resolved through those procedures, the following resolution mechanisms
will be employed:

A. State-Local Conflicts

The Department of State Planning will be asked to intervene in any
irresolvable conflict between the actions of state agencies or local governments
and the goals and objectives of the Coastal Zone Management Program. While
the final decision to intervene resides with the Secretary of State Planning,
the Department of State Planning has agreed to use Coastal Zone Management Program
goals and objectives in making determinations on when to intervene, and to
honor requests of the Department of Natural Resources for intervention,
Information deVeloped as part of project evalua'tion or program review will be
entered into the hearing record involved. The Coastal Zone Unit will develop
any additional technical information necessary to support the intervention
by the Department of State Planning.

B. Intradepartmental Conflicts

Any conflict that arises between the Coastal Zone Unit and another agency
of the Department of Natural Resources, which cannot be resolved at the staff
or administrative level, will be referred to the Secretary's office for resolution,
based on the Secretary's interpretation of the goals and objectives of the
Coastal Zone Management Program.

C. Interdepartmental Conflicts

Conflicts which arise between the Department of Natural Resources and
other state departments in the implementation of the Program which cannot
be resolved at the staff level or through remedies proposed by the Coastal
Resources Advisory Committee, will require cabinet level negotiation.
If the Secretaries or the Governor deem it appropriate, the Maryland Council on
the Environment can be convened to consider the problem. The Department of
State Planning may be requested to use its intervention option and to compile
a complete record on the administrative proceeding in question. The Governor,
as head of the Executive Branch, making use of the Program's goals, objectives,
polices, and the interdepartmental agreements reached in support of the Program,
will be the final arbiter of any interdepartmental conflict.

47 -

D. State-Federal Conflicts

State-federal conflicts can be minimized through continuing active partici-
pation of federal agencies in the program, through membership in the Coastal
Resources Advisory Committee, and through participation in project evaluation
and program review. Disagreements which arise over the conduct of federal
activities or the exercise of federal authorities in Maryland's coastal zone will
be resolved through mediation by the Secretary of Commerce as spelled out in NOAA
regulations 15 CFR 930 subpart G (as proposed in 42 FR August 29, 1977).

C APTER I I

MARYLANDIS COASTAL ZONE BOUNDARY

II. MARYLAND'S COASTAL ZONE BOUNDARY

Legislative Requirements

The federal Coastal Zone Management Act (P.L. 92-583) requires that each
state program include "an identification of the boundaries of the coastal zone
subject to the management program" (Sec. 305(b)(11)). The Act's definition
of "coastal zone" includes:

the coastal waters (including the lands therein and
thereunder), strongly influenced by each other and in proximity
to the shorelines of the several coastal states, and includes
transitional and intertidal areas, salt marshes, wetlands, and
beaches. The zone extends ... seaward to the outer limit of
the United States territorial sea. The zone extends inland from
the shorelands only to the extent necessary to control shorelands,
the uses of which have a direct and significant impact on coastal
waters. Excluded from the coastal zone are lands, the use of
which is by law subject solely to the discretion of or which is
held in trust by the Federal Government, its officers or agents"
(Sec. 304 (a) ) .

Coastal waters are defined as "... those waters, adjacent
to the shorelines, which contain a measurable quantity or per-
centage of sea water, including, but not limited to, sounds, bays,
lagoons, bayous, ponds, and estuaries" (Sec. 304(b)).

Based on the Coastal Zone Management Act of 1972 and the regulations pro-
mulgated under the Act, the federal Office of Coastal Zone Management has stated
that the following areas,at a minimum, must be included within the coastal
boundary:

1. All the coastal waters of a state extending from the State's three-
mile jurisdictional limit inland to include the waters of the State
containing a reasonable quantity or percentage of seawater.

2. Areas which are subject to periodic inundation by the tides, as well
as adjacent areas where ecological systems are neither intertidal
nor upland in nature, but which are distinctly affected by the
pressure of tidal waters. These areas are termed transitional and
intertidal areas.

3. Salt marshes and wetlands where the vegetation and wildlife are
dependent upon the periodic inundation of tidal saltwater.

4. Beaches at least up.to the line of vegetation, where identifiable.

5. Upland areas to the extent necessary to control shorelands, the uses
of which have a direct and significant impact on the coastal waters.

of these five areas, the State exercises direct control over three. The
tidal waters of the State and the lands lying beneath are held in trust and
managed by the State. This authority, provided by the Wetlands Act, extends
to the spring or seasonal high tide line in the case of vegetated wetlands,
and therefore includes all the State's tidal wetlands. Beaches up to the Mean
High Water (MHW) line also fall under the Wetlands Act. In addition, Atlantic
Coast beaches are regulated directly by the State, in cooperation with Wor-
cester County, through the Beach Erosion Control District. The remaining areas,
beaches above the MHW line and upland areas, are regulated by county compre-
hensive zoning, with state reviews and possible intervention. Activities in
these areas are also subject to the numerous state performance standards
implemented by State and local government programs.

The areas which must be excluded from the coastal zone are federally owned
lands, and the ocean waters of the United States beyond the State's three-mile
jurisdictional limit. However, the Act provides that activities in such areas
which may have an impact on the State's coastal zone should be consistent with
the Program. Thus, the State maintains an interest in some activities in these
areas. Excluded federal lands are identified on the maps following this chapter.

Finally, the regulations advise that "The area (included in the coastal zone
boundary) must not be so extensive that a fair application of the management
program becomes difficult or capricious, nor so limited that lands strongly in-
fluenced by coastal waters and over which the management program should reasonably
apply, are excluded" (Sec. 923.11(b)(1)). The procedure developed for identifying
the coastal zone management boundary is fully described in Appendix A.

The Maryland Coastal Zone Boundary

Maryland is defining the management boundary of the Coastal Zone Program as
the inland boundary of the counties bordering the Atlantic Ocean, Chesapeake Bay
and the Potomac River, as far as the municipal limits of Washington, D.C. This
includes each of the following local jurisdictions: Anne Arundel, Baltimore City,
Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Harford, Kent, Prince
George's, Queen Anne's, Somerset, St. Mary's, Talbot, Wicomico and Worcester
(see Map 1). This boundary encompasses all the areas whose inclusion is required
by the federal Office of Coastal Zone Management. Seaward in the Atlantic Ocean,
the coastal zone boundary extends to the limit of Maryland's three-mile juris-
diction.

In addition, within each of these 17 local jurisdictions an "Area of Focus"
is identified as a geographic guideline for program implementation. The "Area
of Focus"'-is generally based on the 100-year flood, 'plain bordering the tidal waters of
the State. This two-level boundary reflects the fact.that.activities taking place
on the shorelands bordering Maryland's coastal waters (the lands included within
the Area of Focus) have a greater likelihood of having a direct and-significant
impact on these water than activities taking place elsewhere. This concept has
already been established in Maryland law. Activities occurring in or adjacent
to the waters of the state are more often subject to regulation than activities

- 50 -

occurring further inland. Two examples of this regulation are the Wetlands Act of
1970 and the Watershed Management Act of 1976. The Area of Focus represents the
way the CZU has administratively incorporated this concept into the CZM Program.

The overriding factor in usinq the 100-year flood nlain was hydroloaic.
The 100-year flood plain contains all areas which drain directly into the tidal
waters of the state, all tidal wetlands, all beaches, and with the addition of
bluff areas, the Area of Focus also encompasses all significant coastal hazard-
prone areas. In addition, the local governments are required to develop water-
shed management plans for the 100-year flood plain area to address flood control
and water quality issues.

The Area of Focus in each jurisdiction has been defined in cooperation with
each of the local governments. The Area of Focus proposed for each of the Counties
and municipalities in the coastal zone is described in Table II-1 and is shown
on the maps concluding this chapter.

Differences between the delineation of Areas of Focus in each county are due
to differences in physiography or development pressures among these counties.
The suburban counties of the metropolitan Baltimore region, for example, requested
a wider Area of Focus because of the intense growth pressures in that area. In
southern Maryland, where there are high bluffs along the Bay and Potomac River and
the flood plain is extremely narrow, an additional setback is included. In counties
where a county planning or zoning district corresponds to or slightly exceeds the
flood plain, the boundary of such a district is used at the request of the county
government. Where contour lines or setdistances from the shoreline are cited, these
distances generally correspond to the 100-year flood plain.

The Area of Focus extends seaward to the extent of the State's jurisdiction
in tidal water. Thus, it includes the Maryland portion of the Chesapeake Bay,land
the ocean coastal waters as far as the three-mile limit.

The significance of the Area of Focus designation is the relationship to the
project evaluation procedures described in Chapter I. The Area of Focus repre-
sents the geographic threshold beyond which only major facilities will be subject
to full project evaluation, unless special circumstances warrant this consideration
(See Chapter IIIfor delineation of major facilities). Within the Area of Focus,
the Coastal Zone Unit will be notified of all projects which may have a potential
for significant impact on the State's coas@_al waters or which may be inconsistent
with the goals and objectives of the Coastal Zone Management Program. This
notification requirement will apply to any projects that require state and/or local
approval, as described in Chapter I. Local governments, with the aid of technical
assistants funded by the Coastal Zone Management Program, are expected to have
primary responsibility for identifying those projects within the Area of Focus will
need impact evaluations.

The other aspects of the Coastal Zone Management Program that will receive
special consideration in the Area of Focus are Geographic Areas of Particular
Concern (ChapterIV),, the Coastal Zone Unit's role in intervention proceedings
(Chapters I, VI and VIII), and technical assistance provided to counties (Chapter
V).

In an Area of Focus,all sites designated by the Department of State Planning
as State Critical Areas will also he termed Geographic Areas of Particular Con-
cern (GAPC). Each State Critical Area outside an Area of Focus will be considered
separately for GAPC designation. As the Coastal Zone Unit considers which areas
to recommend as State Critical Areas, the Unit will generally limit its considerations to
sites within the Area of Focus. However, the Unit will consider all sites where
major facilities (as defined in ChapterIII) are concerned, whether or not they
are in an Area of Focus.

The first priority for Coastal Zone Unit participation in intervention pro-
ceedings will be given to cases within the Area of Focus. However, the Coastal
Zone Unit will consider involvement in any intervention proceeding occurring in
the coastal counties, if there is a conflict with the Coastal Zone Management Pro-
gram's goals and objectives. This will also apply to any technical assistance
to counties (over and above the staff position to be funded in each county). Also,
projects within the Area of Focus will receive first consideration for provision of funds.

If a proposed project is located outside the boundary of the coastal counties
but may have a significant impact on the waters within the coastal zone, then
the Coastal Zone Unit will be involved in evaluation of that project as it relates
to impacts on coastal resources. In addition, the Coastal Zone Unit will review
all state programs as described in Chapter I that may have an impact on coastal
resources, to ensure that they are consistent with the Coastal Zone Management
Program's goals and objectives, even though the programs may cover an area broader
than the official boundaries of the Coastal Zone.

The Coastal Zone Management Program's two-level boundary has several practical
advantages. Through the inclusion of the entire area of each coastal county in
the coastal zone, implementation of the Coastal Zone Management Program can be
adapted to existing administrative and legislative bodies, and consistency can
be maintained with the boundary of the State's Coastal Facilities Review Act.
Additionally, the federal consistency provision of the federal Coastal Zone
Management Act (Chapter VI) can be.applied uniformly throughout a county, and
all areas such as tidal wetlands, transitional areas, and intertidal areas, which
are required to be included in the coastal zone, will be contained in the coastal
zone boundary.

The primary reason for designating Areas of Focus is to allow state and local
governments to focus their efforts on the areas where they are most needed to
solve coastal problems, since it is in these areas their projects and activities
are most likely to have a significant impact on the State's coastal resources.
The Area of Focus designation facilitates application of the management program
by defining the geographical area where the majority of issues related to the
coastal zone arise.

The criteria used to delineate Areas of Focus for Anne Arundel County,
Baltimore County, the City of Baltimore, and Harford County, are somewhat
different from those used in more rural counties of the State. Because these
counties are more urban than other coastal counties and face many unique problems,
they have been separated. In addition to the location of the 100-year flood

- 52-

plain, other factors considered in these jurisdictions where the 20-foot contour
interval, a 1,000 yard setback, shoreline industrial and residential sections,
and areas where coastal site-specific issues have been identified. The actual
Area of Focus for each of these counties and the City of Baltimore reflects the
unique problems faced by each jurisdiction (see attached maps). The coastal
zone planning process for determining the boundaries in these counties described
in more detail in Chapter V.

The Area of Focus designation presented with this application for each of
the coastal counties is considered preliminary until final flood hazard areas
have been mapped for each county and all the Coastal Zone Management Program
processes are operating. Before final Area of Focus designations are made,
they will be reviewed by local governments and presented to the public and to
the Coastal Zone Advisory Committee to ensure that each area included is adequate
to meet the goals and objectives of the Coastal Zone Management Program.

TABLE II-1

Coastal Zone Management Boundary

Areas of Focus

Anne Arundel County 1

The Planning Study Area as developed by the Baltimore
Metropolitan Coastal Area Study.

Baltimore City1

The Planning Study Area as developed by the Baltimore
Metropolitan Coastal Area Study.

Baltimore County1

The Planning Study Area as developed by the Baltimore
Metropolitan Coastal Area Study.

Calvert County

100-year flood plain; bluff areas; and areas of critical
state concern adjacent to the county's tidal waters.

Caroline County

100-year flood plain.

Cecil County

Final determination still in progress. Area of focus will
be defined as a fixed distance from Mean High Water. This distance
is tentatively set at 250 feet, but is subject to change until the
county zoning ordinance is adopted.

Charles County

The 100-year flood plain plus a setback of 1,000 feet in
bluff areas.

1See Chapter V.

- 54

Dorchester County

No preliminary boundary established due to insufficient
information. A final line will be established at a later date
based on the 100-year flood plain delineation now in progress.

Harford Countyl

The Planning Study Area as developed by the Baltimore
Metropolitan Coastal Area Study.

Kent County

The 100-year flood plain.

Prince George's County

The 100-year flood plain plus an additional extension
of 1,000 feet inland in locations with high bluffs.

Queen Anne's County

The 100-year flood plain or 1,000 feet from Mean High
Water, whichever is less,

St. Mary's County

Corresponds to the Waterfront Protection District as
shown in the Comprehensive Plan for St. Mary's County.

Somerset County

The 100-year flood plain or the 20-foot contour interval,
whichever is narrower.

Talbot County

The area within 1,000 feet of the Mean High Water line
or the 100-year flood plain, whichever is less.

55 -

Wicomico County

The 100-year flood plain, upstream on the Wicomico River
to Salisbury city limits.

Worcester County

0
The 100-year flood plain for St. Martin's River, the ocean bays,
the ocean shoreline and the Pocomoke River to Pocomoke City. On the
Pocomoke River above Pocomoke City, flood prone areas as indicated
by muck and alluvial soils and areas with slopes greater than 10% which
border tidal waters.

MAP

MARYLAND
COASTAL ZONE MANAGEMENT
PROGRAM BOUNDARY

.................. ............

LEGEND

C E C. 1, L
4 A R F 0 R D

X. . ........ ...... .
Boundary

. ..... ...
....... Line

A L T
R E
...........
...........
/ ..........

.................
X

..........

.. ............ ..
X ........ ........
........................ ....................
....................................

... .............
................. .............. _&I 0

.......... ............
.......... ....
W--@L ...........

.......... ......

X.
....... vp

.... NJ.
MD.
........... z

T ...
L B 0
VA.

to,

....... . . . . .
..... .....
..........

I c 0 m
c 0

0
IN
3 ml
/* OFF
S E . T

'wv
W. VA.

z A

MAP 2

MARYLAND
COASTAL ZONE MANAGEMENT
PROGRAM
EXCLUDED FEDERAL LANDS

PINNIMANIA

LEGEND
c E c I 1@ 60/09
A 64/01
H I R F
69/ 2 Federal Lands*
68
Go Federal Lands
vo
04 84/06 00/ Owning Authority Code
VO?
1, OT 'VO? /00 Real - Properity Number
5 08
54/0 Coastal Zone Boundary
09 W%AAAAAAAA,%%%
F's
59/05 6 T
% 57/1 48
40/ 1 4 1
91
4 7 51 5 T
6 0 83/03 6W02
04
53/07 of/as
66/19 08 SCALE

MILIES
1, k

7/11 3/10 67/
6
P
C-1 MO. NJ.
rl 0.
06 W. VA.
15WO5 0
5
WOO
A

VA.
63/IT
a If 2
52/24@
06
66/fs
53 4 52/01,
GCVI7 2--' j - 50/08 6/0 .12
14 3/1
1414 652/26 :z
!-S*-1 . ? 1- 55
.50/07 W 5
Wavoei7---.
7@r)/10 *Each dot indicates the location of
Federal Lands and does not ap-
50/13
r --2:
proximate actual acreage.
54,

:V03
55/12 3
6
of

r)51osC
t
5/02
ev
5

61/ 6 6
55/06'

55/07
f5/0'
4 F T
v0s
6
6 0/0'@t

of
4@
P7/0'

3
695 CO 648 2

let

61/08
(46)

BALTiMORE
FRIENDSHIP
176 INTERNATIONAL
AIRPORT Rock Pt
39'10'- 0
0
176 W

S. (,D5 Severn
Bodkin Pt
3'

Mar land Ci

W
cm
Q
D o'bW i n s 1

5z
%
'10 Mountain Pt
76* X
xxe.:
a u enE
%--- .....

.0.

61/19
424

. ... ......
S indy Pt

39'00'- Staples
Comers

3 .:. if 0 6 H c: k.tt Pt
2
.%
J3,11
2/09

.. .......
424 53
MAP 3 00 23
ANNE ARUNDEL COUNTY, MARYLAND Davidsonv
52/24
214 Big I
Thomas Pt

61/21

COASTAL ZONE
@6A
BOUNDARY H- 50/25
'z'
Z5

AREA OF FOCUS
,-3
38*50'- v
408

i. . . . . . . . . .
TIDAL 1W S
Greenock
AREA OF FOCUS y
FEDERAL LANDS 259 76-30

258
Run Br rracys
L ruling

..........
4 Creek tts it

Scale 1:
1 0 1 2 3 4 Was > I
76o4O'

2
2

Cr C N

MAP 4
BALTIMORE COUNTY AND CITY

PENNSYLVANIA

YORK COUNTY
WASON AND DIX6N LINE COASTAL ZONE
Ahjj C' T,
Marylan 439 BOUNDARY
Line
41
4b

AREA OF FOCUS

39*4W--
PR 7TTY'BOY
0 RES
Par to. TIDAL LIMITS Fw@
Whit. AREA OF FOCUS EM
Hall 138 FEDERAL LANDS
IF IF 13Y

83
13 138
-01 137 Hereford

45 Mmk@@ Scale 1:253,440
Amadia 1 0 1 2 3 4 Miles
(Upperco P 0) 88 25 & I , I I I i I I I
-xiencoe
0@01 s urg Butler
128
91
hoenix Jackson@ffle
39'3W-- 14b .165

140 a
(30) Cockeysyille LOCH RA VEN 147
VOIR C"
83 n143
"129 King- Ile
D
25 95
,(45)
130 (BLuthe W-'\-,
R VOIR Red lw ngs Mills B-an 1A 67
.ms
48 Perry Hall

W TO

MOT
e4. k@ ORod,@ger.
ikesville Rdand e
al 129 542 5

vverlea
ite 95
39*20@--
125 0
w a"
RD 5 5 car 11
Island,
70N
76 50' 40
TE /76 20'
A@. I

. ....... . .
Miller Island CIO
U6 K.
lethorDe Hart Island
Lan
HARP-

nA 60
95 6 40,

4'r? 0 W CREEK
8 69/04
L - - - - - - - - - - - 76 31
BALTIMORE CITY IN ERT MA

M'AP 5
BALTIMORE CITY INSET

COASTAL ZONE
BOUNDARY

AREA OF FOCUS

TIDAL LIMITS
AREA OF FOCUS
FEDERAL LANDS

56
0 4SO
150
151
55/03

Dundalk
oo
. . . ......

..................................
48
54/19 55/0,r#,V

10
co HA

Sparrows
4Q
/04
Point 01
RO
V2 BA

...........................

/b .30'

ANNE

,@'ha@ n

260
MAP 6
0 COUNTY
Dunkirk CALVERT COUNTY, MARYLAND
Owing,
Nort h Beac 55/05

armonN I
Che.-peake
Beach

Sunderland'
lie Chlf
Beach -38-40'
62
65/02 @z
o-er COASTAL ZONE
irlboro 4 171
@Io BOUNDARY
261

Hunti own
1@-- Plurn Poi AREA OF FOCUS

521
TIDAL LIMITS Fel
AREA OF FOCUS
FEDERAL LANDS

z Dares
2

PRINCE
FREDERIC
rA Barstow 4

506 Governor Run 38o 30' Sca o 1 190,080
509 1 0 1 2 1 4 Mi
___/(@H64 4 Li L i. I I I

St. Leonard

cal-rt
14

76 '40'
264

@'llvil
Broomes
Island Lusby

61/03

4917
ppeal

er Cher ry Hill

X
-38o2O'

76 o 30' sSolo n,

75045',

302

75'501 Marydel

302

Mt Zion

39oO5'-
Q: 311
IT Hende son
313 MAP 7
CAROLINE COUNTY, MARYLAND

312

ridgetown Goldsboro

4
75 15'
39,00- ") F I
Oakland
COASTAL ZONE
Greensboro BOUNDARY

AREA OF FOCUS
Ridgely

dnA TIDAL LIMITS
A
38o55' -rim RE 13fo' AREA OF FOCUS
M11sboro ape, FEDERAL LANDS

................. Burrsvill

ek
DENTON

Griffin
I D-1 Sca e 1:
1 0 1 2 3 4 M les
Andersontown
16
38o5O' cl@
Williston Hickman
Lak@

Williston'
Irv 'oricord. 404
. ... ... .

Harmony

Smithville
'orners 31

76-nn,
C7,'

yard
38o45'- Bethlehem Grove
331

Nichols

Preston
318

331

e era a urg
C I
pta

313

38
'40

577

PENNSYLVANIA PENNSYLVANIA
YORK 76* 10' 76',00' 75 50'
CO1 NTY LANCASTER COUNTY CHESTER COUNTY

Jk
Fair Hi
V,
CIA-

274 1

zi..

!h-y Rift
coNow-o olm \rI
0 274 d.-i-
4m

S
N

R-h
2011
211
n 275 279
-k ELKTDN

7
.,th at (D Irk
64/01
0
213

Garrett lsta,d

C,,k
6

285
carpenter P-t 54/04 A Ch-
0)

8
R@d Pi.,
C,

C-k

I
MAP 8 p"t
CECIL COUNTY, MARYLAND C.y-
213
5 03
%
Ha,k P- 6,1A I C
07

T-ke
40 Poirt
01 CI-I 13-1,
282 CH

COASTAL ZONE "I C k W.r-k
BOUNDARY 8

G,o- 54/05
AREA OF FOCUS Po"t

SA.3SA@Yts

TIDAL UMTrS----f:w:]--
AREA OF FOCUS
FEDERAL LANDS

SEE TABLE 111-1

Scale 1:
0 1 2 1 4 Miles

MAP 9
CHARLES COUNTY, MARYLAND COASTAL ZONE
BOUNDARY

Scale 1: 190,080 3 4 M les AREA OF FOCUS
1 0 1 1

TIDAL LIMITS
AREA OF FOCUS

.................. 0
FEDERAL LANDS

22 %
38 40' Q)

77 *00'
_GE(@F@GES 76150'

00
210 % 50/07
7 7 10'

Wld-
R-d 55/1

B-town
k ......... St Ch.fl..
(22) 5/ 8
oLd W111- R- U 5 G
55/()?- 1@ S ET
wwt@
229
P,

CD)
425
Marbury
X' A
53/01
\",450/13
X- %.....% ..
224
_jz

H,gh@ill,
A@
A PLATA

4,1-

B.] Alt
N..j-
@k,
425

N@
2

55/03

12 N-burg

GrE@OfRtG 257
,oRG

ul
61/04
POTOMAC

KING
INSET

N A T-pk-i&

3'1
Pat=ent 76@40'

174

1 231

CAROLINE COUAr

16 75'45'
76015' 331 1
313

illiarnsburg U)

Cook Hurlock Finchville
Point Secretary 392 , 'P 392
Lecomp\te I %A
Tri Bay 76oOO' - Marks
ppe OUNTY
Bay
/
5'0 Rhodesdale
4-
>
CAMBRIDGE - 7
X3

R ids Grove
611 09 50
"Q James Riv, ire
Island 33 -A
380301
16
335
Vienn. 50
611

Bucktown
Taylors land

Vee
:@oe. Drawbridge'
01
Black-ate-
chicq acomico

336

335 Sav nnal,,
Robbi a L.

Lakesville

Barren la@
Island 6

Wroten Wingate
C5
Island Elliott

Toddvill

Ho )er
op

,t@) island Bishops Hea
61/05

38015'
Richland Lower
Point Hooper Crocher n
Island Tangier
10 Sound Z-
Bloodsworth
Isla 61
e. 4@ MAP 10
DORCHESTER COUNTY, MARYLAND
55/02 55/p r
Ada. DO
IslancIV
Holland
-H-olland COASTAL
I s I a n WK-i t. I
BOUNDARY

AREA OF FOCUS

Scale
1 ... 0 1 2 3 4 Miles TIDAL LIMITS
AREA OF Focus
1:280,684 FEDERAL LANDS

SEE TABLE 111-1

PENNSYLVANIA LANCASTER
0 76-130' MASON AND DIXON LINE YORK COUNTY '61 761* 20' COVNTY
24 136
Norrisville Whiteford belp
0 Cleek N
136

1@ Pylewill
creek 76 0 10'

creek
39 40'- e 623
136 CoAfOWING
43
23 ittle 440 - DAm
Shawsville 1 Darlington

creek
.zy.
- 165 1b)
146 Jarrettsville
age o 01 Lapidum
23

to
95
Level
I orest HW
152

136

155
Churchvill]e

Up zz 46
per 4@1 'i

146

152 BEL AIR
165
Run -j,

..........
IOUs
P Benmn
24
39*30'- 61/08
5043
55/0
o66/04
Atkiss

............ ......
. . ........
- -----------
ff.$X.Q:;a ..... . %%.
.......... . .
%%
% .
975 %%

7
. .... .... . ......
%%%
MAP 11
HARFORD COUNTY AREA, MARYLAND
%
%

%
':Xx e
COASTAL ZONE
BOUNDARY ....... ... %%
ex

..........
AREA OF FOCUS

..........
X@%e%ex

TIDAL LIMITS
. .. ........
AREA OF FOCUS
FEDERAL LANDS
..........
...........

Scale 1: 190,080
1 0 1 2 3 4 Wles

COUNTY

6 0
IV 53/0
CENTREVILLE

SCALE
APPROXIAATE
Z15
1 2 Zi 4. MILES

6T/01
CHESTERTOWN'

MAP 12
KENT COUNTY, MARYLAND

00-Avv ME-
TAL Z
BOUNDARY

AREA OF FOCUS

TIDAL LIMITS EWJ
AREA OF FOCUS
FEDERAL LANDS

Ro kV Gor?e
mervotr

A-&I) CO
198
Laurel
Bea, r

197
IN&C 0

xl@
212

5 3
MAP 13
PRINCE GEORGES COUNTY, MARYLAN
D

.-N.N@

495 o ...... Bowie

Adelphi -39000'
193 3
.%%
Langley Park e r
College X
P
rk
ark
X UOM. on
ae 45B
. q0
Carro Ito
hillun,4
02 H Y'a 6 6/2- 11@1 1. 11
t7'
r ladensb--
COASTAL ZONE 450
G narden
BOUNDARY
301

Faii mount >
AREA OF FOCUS He h-
TG@dolp Kolbes Hardesty
Village 214 1-u-

TIDAL LIMITS
495
AREA OF FOCUS
4
FEDERAL LANDS 5 ,ip" Di trict
WV06 Heights 131-
ul a 'ore stville
ct3i
/Hiller' 6 10 -38'50'
Haight:
ingside C
Scale 1: 190,080 UPPER ARLBOR
B5 a
0 4 Miles G ssmano
mp e
Oxon Hill .11a
Camp
N 4

z
0 - Clinton @55 02

> ,Ouse

"'elc
elten.h.
Z@ 5 26
@(D
ottingh
W'07 Naylor

Lway
Bra
Danville
%

381
X..
301 AS 8040'
Ace keek

L
matta-" >
'reek ST TE 1@@
210 tt
77'001
76150'

CO 382

Aquasco

Eagle
381 Harbo

MAP 14
QUEEN ANNES COUNTY, MARYLAND
c ett
McGinnes C rners

Catl
E'inglill.o 30111 A
<
Dudley Sudle will
orners
COASTAL ZONE se Poin'
BOUNDARY

300
. . .. ... ...
AREA OF FOCUS k@j
Ba
Church Hill
%p'

cl"
TIDAL LIMITS QH) 301
AREA OF FOCUS
FEDERAL LANDS

@Burrisvffle ngleside,
405
Scale 1: 190,080 405
11 0 1 2 1 4 Miles (-@Orsica Haydiln,
ark

Hope
,,,nsv,lle
CENTRE ILLE 4005
301

j
304

h@
39oOO'
53
own
50
,t Narrows
S arr

ichael
h
..I

ye
--J/

Wil oughby
BAY P"So' 76@001 Anne
J'j"d

. ... . . . ..

'20'
76
761 0'

COASTAL ZONE MAP 15
BOUNDARY
SOMERSET COUNTY, MARYLAND
AREA OF FOCUS

TIDAL LIMITS
AREA OF FOCUS
FEDERAL LANDS

1@2cb Ice
Scale 1 190,080 Eden

1 0 1 2 1 4 Miles
CREEK
CIO

0
CIO Widgeon i*.
-38015,

0
Cr@,k
362 akville-
RIVR
Long PRINCESS ANN 'N@ 388
I cri!-En@!
0 363
0 i 10'
010
Peggy
Bost@n.
Swamp

Ernanu I
Church
al IslaQ

4@ Twiggs. RI
P t
Cokesbury
DAArl
j-
F, ars Green 11

Cost n
Q64
S(
Rui

ingstori
Sheepshead
Pt HA R
Is ND
KEDGES STRAITS 75035'
61/05
t'jG 66
Fog Pt c-- Flatcap e0c,
67/01

h, r0l'
. . . . . . . . . .

61/07

ap Pt 5
-- -VIRGINIA
V060 75145'
zsi@

37'55'

ACCOMACK
75155'

MAP 16
N ST. MARYS COUNTY, MARYLAND

COASTAL ZONE
BOUNDARY

AREA OF FOCUS

76 40'

5
Q TIDAL LIMITS
:38'330'- AREA OF FOCUS
FEDERAL LANDS
Charlotte
Hall
6
e
/Marke

s@ili
C) Me anic Scale 1:253,440
76,50 236 1 0 1 2 3 4 Miles

5
23

241
k
. . . . .... . 76 30'
anza
. . . . ... . . .. . . M r
P
238

Chapt ico Q@) z
U12

38 20' Clements

45
238
55/08
LEONARDTOWN

.. .............. I
55/02

55/0

Lexingto
5 Far
.4b

-A
C)/
St Catierine
island
Coh.n, ", ................. 55/06
CC Point
. ... .. . .. ...
4@ Clements
0
Island
St Marys
PO TO-VA C
McKav 6/07
'R1 'ER Beach . . .... ... .... 76 20,

f
.2"
38' IV
WEST
MoRELAN, W.

VIRGINIA 1 161/0 uley
Point

7
'4t
PO
row
..........

53/01

MAP 17
TALBOT COUNTY, MARYLAND

COASTAL ZONE
BOUNDARY

AREA OF FOCUS

TIDAL LIMITS
AREA OF FOCUS 1 0 SCALE IN MILES 3 4
FEDERAL LANDS

CO
Mills 76100,

404

cr
bbi
Inq

pton

76ol0l
I , EAST 662
EASTERN BAY
Cordova
Tilghman tj
Point
LgWOO

tt,
Lewisto
Claibo Woodian
38o5O'- Hambleton 1 @P662
Pt 309

nvi e Matt

76o 0
0/1

Poplar Jefferson
w
Sherwo 331

lizms
Goat I
Coache; A 333
V Hamuleton
Al-

Neav
Tilghma umptown

Nelson C
t
Tilghman c@
Island P4 AN
Nelso Hambleton
Royston P S@

"oWl-

Blackwalnut Pt BenoniPt rucevil
-381401

t
6V04

c
055/06
\H o 11 Pt

..... . . . . .

MAP 18
WICOMICO COUNTY, MARYLAND

COASTAL ZONE
BOUNDARY

...............
@0 AREA OF FOCUS
.11%., ................

n
ningo
cr TIDAL LIM
ITS EU
.............
-30, AREA OF FOCUS
...........
'-,-,@,kring Grove FEDERAL LANDS
F5-R
DEI@AWARE

467 SUSSEX C UNIT

Delmar

I
........ . .
50 Melson
Aace Br

j
I
L-ward Ni,cl
He@bron
cf, 5)
Marshall Poi cr
347

Jto)l
Cc

joh,
CV Walsto Parsons urg
346
i@l'- TII'40RE:

Atico

349 LISBURV 350 Shavox
11 Catchpenn:
10K;
Royal Oak Q19)
@v
...... . . . . . .
VV eupq-l . . . . . . . . . .
Hatcr 'w n@n N Wango
11" Fruitland
P it

N;!

trinity

U3
w RCESTER
COUNTY %

c I
. . . .. ... . ...
Roaring
Point

I@o
Watervie%

/Stump Point Mollies Point
TEJ

MAP 19
WORCHESTER COUNTY, MARYLAND

COASTAL ZONE
BOUNDARY

AREA OF FOCUS

DEIAWARE
TIDAL LIMITS 75@20' 75o 10'
SUSSEX COUNTY
AREA OF FOCUS
113
R7 ishopville
FEDERAL LANDS Careytown

B
Nurth Ocean City
Ar
/Ule Showelll
@v
346

50 346 OF
Scale 1:253,440 z
1 0 4 Miles k, SRA

'
'm
m Ocean City
VR
(4
C 66/02
Q 271)
38*20'-
528
Berlin

74 Libertytown
75-3b' WjC6m1C0 Ainepi@ @""ach
hiton
Afz@j 0 6/01
uk p" ta

le Newark

A@
&

NEWPOR
IN th Ch
urn
Furnace kou-
South Pt
e-

In
futeburg
SN HIL
,jiter Br
38* 10'-

m i

66/01
oxiron

13
ocomoke City p-
Cr JOHNSON
U16
Stockton bb) 14)
371 IVIIIIS I
4" W-m-

eaverda reek
Welbourne UNTY
12

...................
38' 01 XCCOMNCK
I-aGIN I

F C APTER I I I
APPROPRIATE USES OF LAND& WATER

/I A

4I'll

w@,

III. APPROPRIATE LAND AND WATER USES

Legislative Requirements

The federal Coastal Zone Management Act of 1972 requires a state's
Coastal Zone Management Program to define permissible uses of land and water
within the coastal zone which have direct impact on coastal waters (Section
305(b)(2)). The Act further requires that a state's program include "broad
guidelines on priority of uses in particular areas, including specifically
those uses of lowest priority". Methods for meeting these requirements
are described in detail in Section 306 of the federal regulations.

Section 923.12 of the regulations requires that: "States must develop
policies and procedures by which uses determined to be subject to the
management program willbe permitted, conditioned, modified and/or prohibited".
moreover, policies and procedures must be based on the following types of
analyses:

1. Capability and suitability of resources to accommodate existing,
projected, or potential uses.

2. Environmental impacts on coastal resources.

3. Compatibility of inland and alternative locations.

4. Evaluation of inland and alternative locations. .

5. Coastal dependency of various uses, and other social and economic
considerations (Section 923.12(c)).

Particular attention must be paid to determining use priorities in
Geographic Areas of Particular Concern (GAPC's) (Chapter V).

In addition, the 1976 Amendments to the Coastal Zone Management Act
require that the State develop:

- A definition of the term "beach" and a planning process for the protection
of, and access to, public beaches and other public coastal areas of
environmental, recreational, historical, aesthetic, ecological, or
cultural value.

- A planning process for energy facilities likely to be located in, or
which may significantly affect the coastal zone, including, but not
limited to, a process for anticipating and managing the impacts from
such facilities.

- A planning process for (a) assessing the effects of shoreline erosion
(however caused), a:nd (b) studying and evaluating ways to control, or
lessen the impact of such erosion, and to restore areas adversely affected
by such erosion. (Section 305(b))

A two-pronged approach has been followed to meet the Act's requirements
to identify appropriate land and water uses in Maryland's coastal zone.

1. Policy Base

A sound policy base for determining appropriate land and water uses
has been established. With input from state agencies, local governments, and
the general public, goals and objectives for coastal resources and activities
have been developed as a framework for cooperative efforts by state and local
management agencies implementing Maryland's Coastal Zone Management Program.
From these goals and objectives, more detailed policies were developed for
each coastal Use of Concern. These policies are based on existing State laws,
and citations of statutes have been provided for each policy.

2. Coastal Resources

Inventories of significant natural and man-made coastal resources have
been taken, the capabilities of coastal resources to support various uses
have been analyzed, and the impacts of uses on the natural environment have
been assessed.. These efforts provide the technical base needed to identify
appropriate coastal uses and areas that should be designated Geographic Areas
of Particular Concern, and are described at appropriate points in this
Chapter and Chapter IV.

Goals and Objectives of Maryland's Coastal Zone Management Program

The purpose of the Coastal Zone Management Program's goals, objectives, and
policies, is to guide program implementation and to maintain the consistency of all
projects permitted, funded, or undertaken in the State of Maryland. As described
in Chapter II, Maryland's Coastal Zone Management Program will be implemented by
the coordinated exercise of state and local governmental programs that have management
resposibilities in the coastal zone. The Coastal Zone Management Program's goals
and objectives have been reviewed by state agencies, local governments, and the
general public, to ensure that they fully address Maryland's coastal zone management
concerns, and to ensure that they provide a basis for coordinated exercise of
state and local government programs, and federal programs through the federal
consistency provisions of the Act.

A complete list of these goals and objectives appears in the Executive
Summary of this document.

Determination of AppropriateLand and Water Uses in the Coastal Zone

Three criteria have been used to deterraine which uses are of concern to
this Program: (1) the use must have an "impact" on coastal resources, (2) the
impact must be "direct", and (3) the impact must be "significant". For the
purposes of this determination, "impact" has been defined as a documentable change
in any factor relevant to the maintenance of a coastal resource. That impact is
considered "direct" when there is a documentable causal relationship between the
uses or activity generating the impact, and its effect on coastal resources. An
impact is considered to be'tignificant" if (1) it is broad in geographical scope,
(2) it affects a critical coastal resource of concern to the State, or (3) it is
of sufficient magnitude to be potentially in conflict with State environmental
standards or potentially conflicts with State economic, fiscal, land use, trans-
portation, or water quality plans.

Consideration has also been given to the likely location of the use
within the coastal zone: coastal waters, intertidal areas, shoreline areas,
or areas within the inland boundaries of the coastal counties. Most of the
40 Program's attention focuses on activities occurring within the first three
areas, since it is here that activities are most likely to have a direct and
significant impact on coastal waters. Principal exceptions are major facilities,
whose size and operation are likely to have an impact on coastal waters no
matter where they are located within the coastal zone.

While the coastal studies, inventories, and analyses provide the technical
basis for determining uses of concern and their appropriateness in each area
throughout the coastal zone, Program goals, objectives, and policies provide
the policy basis.

General Objectives And Policies

Certain of the objectives and policies of the Coastal Zone Management
Program listed below apply generally to all coastal uses and activities of concern
to the Program. Some of the policies set forth are generally applicable to the
activities of all State agencies, including those concerned with coastal resources
and activities. Also noted are policies which apply generally to the actions of
the Department of Natural Resources, and thus are relevant to the management
of coastal resources and activities. Several of the general objectives listed
below are also noted in discussions of particular coastal zone activities to which
they are particularly relevant.

General Objectives

(1) To protect, maintain and where feasible, improve air quality in the
State's coastal zone in order to protect public health, safety and
welfare and the quality of the State's environmental resources.

(2) To protect, maintain, and improve the quality of the State's tidal
waters for propagation of wildlife, fish and aquatic life, and for
human use and enjoyment.

(3) To protect coastal aquatic areas of significant resource value and,
where possible, restore presently degraded areas of potentially
significant resource value, such as viable oyster bars and clam beds,
important migratory pathways, spawning, nursery and feeding areas for
fish and wintering and resting areas for migratory birds.

(4) To protect, maintain, and where feasible restore the integrity
of the tidal wetlands of the State.
(5) To protect coastal terrestrial areas of significant resource 10
value-areas having scenic, scientific, geologic, hydrologic,
biological or ecosystem maintenance importance, such as non-
tidal wetlands,endangered species habitat, significant wildlife
habitat, and wintering and resting areas for migratory birds.

(6) To promote the protection and wise management of productive coastal,
agricultural and forested areas through cooperation with programs
of the Local Soil Conservation Districts, the Agricultural Lands
Preservation Foundation, the Maryland Department of Agriculture, the
Maryland Forest Service, and the Department of State Planning.

(7) To protect coastal cultural, historical, and archeological resources.

(18) To promote use of the State's coastal resources to meet social and
economic needs in an environmentally compatible manner.

(19) To ensure consideration of the carrying capacity of air, land and
water resources (both surface and groundwater), and the conservation
of coastal natural areas in state and local regulatory decisions
concerning coastal developments.

(20) To ensure that hazardous substances are utilized and disposed of in
a manner which prevents any toxic, lethal or sublethal effects to
plant, aquatic or animal life; which prevents any adverse effect
upon human health. and which_,2revents disposal of the substances into
terrestrial or aquatic ecosystems.

(3b) To undertake studies and inventories, where needed, to provide the
most complete and accurate information base possible for all levels
of government and the public to use in management decisions and
activities affecting coastal resources.
(31) To encourage the analysis of possible impacts of energy production
and consumption,both natural and non-induced, as p t of management
decisions concerning coastal resources and activities.

(32) To ensure the establishment of repositories of coastal zone-related
documents, reports, and materials which are easily accessible to
the general public in each of the coastal counties.

(33) To p@omote standarization of techniques and compatibility of federal,
state and academic research efforts in the State's coastal areas.

(34) To ensure coordination and use of existing state and local goverment
programs to achieve the Coastal Zone Management Program's objectives.

(35) To ensure interstate coordination of plans for the management of resources
which are shared with neighboring states, such as migratory aquatic species.

(36) To ensure the review of state and local governmental programs, and those
of the Soil Conservation Districts, in order to identify possible
modifications needed to facilitate achievement of coastal zone management
goals and objectives.

(37) To promote coordination of state and local governmental programs with
those of relevant federal agencies and neighboring states to further
the goals and objectives of the Coastal Zone Management Program, and to
minimize duplication of efforts, conflicting actions, and regulatory
permit processing delays.

(38) To provide adequate representation of the interests of the State of
Maryland in federal decisions regarding the exploration, development
and production of Outer Continental Shelf Resources.

(39) To provide full opportunity for participation by relevant federal, state,
and local government agencies, concerned organizations, and the general
public, in development and implementation of the Coastal Zone Management
Program.

General Policies Applicable To All State Agehcies

In enacting the Maryland Environmental Policy Act, (Natural Resources
Article, Section 1-301 et seq.), the Maryland Legislature identified the
following policies to b@e-iollowed by all State agencies in all their actions,
including those relating to coastal resources and activities:

1. The protection, preservation, and enhancement of the state's diverse
environment is necessary for the maintenance of the public health and
welfare and for the continued viability of the economy of the state, and
is a matter of the highest public priority.

2. All state agencies must conduct their affairs with an awareness that they
are stewards of the air, land, water, living and historic resources, and
that they have an obligation to protect the environment for the use and
enjoyment of this and all future generations.

3. Each person has a fundamental and inalienable right to a healthful
environment, and each person has a responsibility to contribute to the
protection, preservation, and enhancement of the environment;

4. It is the continuing policy of the state to cooperate with the federal
government, other state governments, the District of Columbia, the political
subdivisions of the state, and other concerned public and private
organizations and individuals, in a manner calculated to protect, preserve,
and enhance the environment.

5. The determination of an optimum balance between economic development and
environmental quality requires the most thoughtful consideration of
ecological, economic, developmental, recreational, historic, architectural,
aesthetic, and other values.

6. Beneficial environmental effects of proposed actions can be identified
and measures can be devised to obtain these benefits, if environmental
evaluations are made a part of the decision-making process of the state.

7. Adverse environmental effects of proposed actions can be anticipated,
minimized, and often eliminated if environmental evaluations are made
a part of the decision-making processes of the state.

8. Environmental effects reports can facilitate the fullest practicable
provision of timely public information, understanding, and participation
in the decision-making processes of the state.

9. The General Assembly has an obligation to the people of Maryland to review
and evaluate proposed appropriations, other proposed legislation,
and the conduct of the state agencies in carrying out the policy set forth
in this subtitle.

All laws, rules and regulations of the State are to be interpreted and
administered in accordance with these policies (Natural Resources Article,
Section 1-302). The Maryland Environmental Policy Act also requires all
State agencies to.identify, develop,and adopt methods and procedures to
assure that:

1. Environmental amenities and values are given appropriate consideration
in planning and decision-making along with economic and technical
considerations.

2. Studies are undertaken to develop and describe appropriate alternatives
to present policies, programs, and procedures that involve significant
adverse environmental effects or unresolved conflicts concerning uses
of available resources.

3. Planning and decision-making involving environmental effects are under-
taken with the fullest practicable provision of timely public information
and understanding,and in coordination with public and private organizations

- 62

and individuals with jurisdiction by law, special expertise, or
recognized interest. (Natural Resources Article, Section 1-303)

Several other general policy statements are set forth by the Natural
Resources Article. Although these statements appear within the enabling
legislation of the Department of Natural Resources, all state programs must
be conducted in a manner consistent with these policies:

1. Because the quality of the waters of this state is vital to the public
and private interests of its citizens,and because pollution constitutes
a menace to public health and welfare, creates public nuisances, is harmful
to wildlife, fish and aquatic life, and impairs domestic, agricultural,
industrial, recreational, and other legitimate beneficial uses of water,
and because the problem of water pollution in this state is closely related
to the problem of water pollution in adjoining states, it is state public
policy to improve, conserve, and manage the quality of the waters of the
state and to protect, maintain, and improve the quality of water for public
supplies, propagation of wildlife, fish and aquatic life, and domestic,
agricultural, industrial, recreational, and other legitimate beneficial
uses. Also, it is state public policy to provide that no waste is
discharged into any waters of this state without first receiving necessary
treatment or other corrective action to protect the legitimate beneficial
uses of this state's waters, and to provide for prevention, abatement, and
control of new or existing water pollution. The department shall cooperate
with the agencies of other states and the federal government in carrying
out these objectives. (Natural Resources Article, Section 8-1402)

2. Forests, streams, valleys, wetlands, parks, scenic, historic and recreation
areas of the state are basic assets. Their proper use, development, and
preservation are necessary to protect and promote the health, safety,
economy, and general welfare of the people of the state. It is the policy
of the state to encourage the economic development and use of its natural
resources for the improvement of local economy, for the preservation of the
natural beauty, and for the promotion of the recreational and leisure interest
throughout the state. (Natural Resources Article, Section 8-102)

3. Forests, timberlands, woodlands, and soil resources of the state are basic
assets, and the proper use, development, and preservation of these resources
are necessary to protect and promote the health, safety, and general welfare
of the people of the state. It is the policy of the state to encourage
economic management and scientific development of its forests and woodlands to
maintain, conserve, and improve the soil resources of the state,so that an
adequate source of forest products is preserved for the people. Floods and soil
erosion must be prevented and the natural beauty of the state must be preserved.
Wildlife must be protected, while the development of recreational interest is
encouraged and the fertility and productivity of the soil is maintained. The
impairment of reservoirs and dams must be prevented, the tax rate preserved,
and the welfare of the people of the state sustained and promoted. Where
these interests can be served through cooperative efforts of private forest
landowners, with the assistance of the state, it is the policy of the state
to encourage, assist, and guide private ownership in the management and fullest
economic development of privately owned forest lands. Where these public

63 -

interests cannot be served and adequately protected under private
ownership, it is the policy of the state to acquire control of, and
title to these lands as rapidly as the financial resources of the
state permit. (Natural Resources Article, Section 5-602)

Policies Generally Applicable To The Actions Of The Department Of
Natural Resources

The following policies apply generally to the actions of the Department
of Natural Resources and guide its actions with regard to activities in
the coastal zone:

1. The Secretary is responsible for the development of coordinated policies
for the preservation, enhancement, wise use, and perpetuation of the
natural resources of the state. He is responsible for the efficient
coordination of all activities regarding the natural resources of the state,
including the settlement of conflicts that may arise among units within the
Department of Natural Resources. (Natural Resources Article, Section 1-104)

2. The Department of Natural Resources shall be responsible for planning,
development, management, and conservation of the Chesapeake Bay and any
other tidal waters, including their shore line and bottom, and any
resources associated with these waters. Also, the Department may:

a. Plan and develop public recreational facilities in or on the
waters of the Chesapeake Bay and other tidal waters.

b. Assist other state units to plan public recreational facilities
for the Chesapeake Bay and other tidal waters.

C. Cooperate with other units to carry out measures to protect tidal
waterfront and waterways of the state against erosion and
deposit.

d. Act for the state to develop further navigation aids and improvement
of waterways in the Chesapeake Bay and other tidal water areas
of the state.

(Natural Resources Article, Section 8-203(c))

3. The Secretary shall take every necessary step to enact appropriate
intergovernmental agreements with other states to preserve the optimal
state of the Chesapeake Bay,through organization of an interstate body
to plan, manage, coordinate, and enforce the proper use of the Chesapeake
Bay, so that every user of the bay area can obtain maximum advantage of the
bay. (Natural Resources Article, Section 8-204)

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4. The Department of Natural Resources shall exercise to the fullest extent
possible the state's responsibility for its water resources, by planning
and supervising multiple development and conservation of the waters of
the state for the state's best interests and benefit. It shall develop a
general water resources program which contemplates proper conservation and
development of the waters of the state, in a manner compatible with multiple
purpose management of each watershed or aquifer, or any other appropriate
geographical unit. The program shall recognize and be consistent with func-
tions of other state units. The department shall be guided by the program
in the performance of its duties. (Natural Resources Article, Section
8-203(b))

Implications Of Each Activity On Use Of Concern

The remainder of this chapter discusses the uses and activities in the
coastal zone that are of concern to the Coastal Zone Management Program.
The uses or activities of concern for each area of the coastal zone are listed
in Table III-1, in order of their discussion in this chapter. Each discussion
consists of the following components:

1. Situation - The nature of the Use or Activity of Concern is described,
the extent of its occurrence in the coastal zone is indicated, and the
implications of the Use to coastal resources are discussed.

2. Issues - The Coastal Zone Management Program's objectives applicable
to the situation created by the Use or Activity of Concern under discussion
are listed, and the issues which must be addressed by investigations and
decisions are delineated.

3. Policies - State policies regarding the Use or Activity of Concern are
articulated, consistent with the identified Coastal Zone Management
Program's objectives.

4. Implementation - Government agencies principally responsible for coastal
management and/or regulations of the Use of Concern are listed as "Lead
Agencies".

5. Management Procedures - The means through which the Coastal Zone Management
Program's objectives will be met, and through which the relevant policies
will be applied to the Use or Activity of Concern, are explained. Partici-
pating government agencies are cited and their role is explained.

6. The Coastal Zone Unit's Role - The role of the Coastal Zone Unit applying
the "networking" concept is specified, particularly as it related to Project
Evaluation and Program Review.

7. Authorities - Finally, all relevant statutory authorities, management
techniques, and responsible agencies are listed.

Thus, each section on a particular Use of Concern is a brief, self-
contained, complete discussion of the present situation and issues which need
attention in Maryland's coastal zone, and the means through which that situation
and those issues will be addressed by the Coastal Zone Management Program through
the networking of existing governmental programs and the statutes on which they
are based.

In addition, the requirements of the 1976 amendments concerning planning
for shorefront access and preservation, shore erosion, and energy facilities are
addressed by the policies, management procedures and Coastal Zone Unit actions
discussed in the sections on Use of Beach Areas, Activities Associated with the
Provision of Sufficient Recreational, Ope Space and Natural Areas, and Activities
Affecting Historical, Cultural and Archeological Resources; on Activities in
Areas with Significant Shore Erosion; and on Onshore OCS/Oil/Natural Gas Facilities
and Electric Generating Facilities.

TABLE III-1

ACTIVITIES/USES OF CONCERN IN THE

COASTAL ZONE

A. Activities occurring in Coastal Waters

1. Recreational Boating
2. Commercial Shipping (oil Spill Containment and Prevention)
3. Dredging and Disposal of Dredged Material
4. Activities Associated with Living Aquatic Resources
5. Ocean Dumping
6. OCS Exploration, Production and Development

B. Activities occurring in Intertidal Areas

1. Use of Beach Areas
2. Activities in Tidal Wetlands

C. Activities Occurring in Shoreland Areas

1. Activities in Areas with Significant Shore Erosion
2. Activities in Coastal Tidal and Non-Tidal Flood Plains
3. Activities in Non-Tidal Wetlands
4. Use of Agricultural Lands
5. Use of Forested Lands
6. Channelization (and Small Watershed Projects)
7. Activities Associated with the Provision of Sufficient Recreational,
Open Space and Natural Areas
8. Activities Affecting Coastal Historical, Cultural and Archeological
Resources
9. Shoreland Activities in General

D. major Facilities In The Coastal Zone

1. Onshore OCS/Oil/Natural Gas Facilities
2. Electric Generating Facilities
3. Ports
4. Industrial Parks
5. Mineral Extraction Facilities
6. Large-Scale Residential Facilities
7. Sewage Treatment Facilities
8. Land Transportation Facilities

67 -

VITIES OCC@URRI
IN C WAiTERS
AL

cc
A-CTI NG
OAuST-AL

A. COASTAL WATERS

The Coastal Zone Management Program focuses on the following activities
occurring in the State's coastal waters, which are of concern because of their
economic importance to the State and their impact on water quality and aquatic
resources:

1. Recreational Boating

2. Commercial Shipping (Oil Spill Containment and Prevention)

3. Dredging and Disposal of Dredged Material

4. Activities Associated with Living Aquatic Resources

5. Ocean Dumping

6. OCS Oil and Gas Exploration, Production and Transportation

RECREATIONAL BOATI14G

Situation

Recreational boating in Maryland is not only a popular pastime for the
state's citizens, it is also a bay-related economic factor second in impact
only to the Port of Baltimore itself. In 1970, approximately $220 million was
spent in Maryland on recreational boating. At present, over 127,000 registered
boats cruise the state's waters, and this number is climbing at a annual rate of
9%.

The rapidly increasing popularity of recreational boating has given rise
to an inter-related sequence of problems, which necessitate strengthened management
efforts, thorough technical analyses, and creative solutions. Demand for marine
facilities already exceeds the capacity of existing facilities. Thus, increasing
numbers of Maryland's registered boats are trailered boats, which in turn have
heightened pressures on existing launch facilities. This shortage of boating
facilities is further exacerbated by a lack of sites for new facilities due to the
high cost of waterfront land, intense competition for the available land, and
increasing state and local restrictions on marine development.

Another problem resulting from increased recreational boating is the adverse
effect upon the environment. Boating can increase shoreline erosion and
turbidity levels. Discharge of human wastes and other pollutants can degrade
water quality. Further investigations are necessary to assess thoroughly the
significance of these adverse impacts and the best means to minimize them. In
addition, safety and congestion problems have developed on some rivers heavily
used for recreational boating.

Issues

This situation necessitates that state and local governments coordinate their
activities and regulatory actions, with federal cooperation and consistency, to
meet objectives identified in the Coastal Zone Management Program:

(2) To protect, maintain, and improve the quality of the State's
tidal waters for propagation of wildlife, fish and aquatic
life, and for human use and enjoyment.

Investigations and regulatory procedures must consider whether or not a
proposed action will:

- Provide new areas of access to recreational boating which are
environmentally and socio-economically acceptable.

- Create adverse impacts on state or private tidal wetlands or other
aquatic resources.

- Cause water quality problems, such as turbidity.

- Create or aggravate shore erosion.

- Decrease safety, increase congestion, or interfere unnecessarily
with existing boating or other recreation activities.

- Would change the character of the water body on which they are
proposed to be located.

- Cause inappropriate placement of mooring buoys.

- Provide for adequate navigation aids and maintenance of navigational
channels.

- Require changes in speed limits or the establishment of restricted
and prohibited areas.

Policies

1. To foster the development, use, and enjoyment of the waters of Maryland,
the Department of Natural Resources, in cooperation with other government
agencies, will develop plans; will conduct educational programs, will
improve waterways by deepening channels, acquiring and developing access
areas, and clearing waterways of debris; will adopt regulations to promote
safety; and will designate and mark channels. (Natural Resources Article,
Sections 8-702, 8-703)

2. State funds will not be awarded for the siting of boating facilities in
locations which would cause congestion, jeopardize safety, necessitate
excessive dredging, interfere with other types of recreational activities,
or entail any adverse impact on water quality or aquatic resources. (Natural
Resources Article, Sections 1-302, 8-703, 8-707; DNR Regulations Section
08.05.04.02)

3. Location of a boating facility in the lower portions of a tidal tributary,
where there is better flushing and access to open water and less need for
dredging, is preferable and encouraged over a location in the headwater
areas. Similarly, the development of boating facilities within the upper
reaches of existing artificial (canal) systems is discouraged. (Natural
Resources Article, Sections 1-302, 1-303, 8-703, 9-102, DNR Regulations
Section 08.05.04.02)

- 70 -

4. The following criteria will be used (in addition to impacts on State and
private wetlands, aquatic resources, and navigation) in establishing regulations
(including revised regulations on wetlands, boating use, boat waste discharge,
and mooring buoys) and in making State and federal permit decisions on
recreational boating activities. The potential for creating or aggravating:
(1) congestion and safety problems, (2) turbidity or other adverse water quality
impacts, (3) shore erosion problems, (4) other adverse environmental impacts,
(5) interference with recreational and commercial fishing, and (6) interference
with other types of recreational activities. (Natural Resources Article,
Sections 1-302, 1-303, 4-202, 8-703f 9-102f 9-501; federal Water Pollution
Control Act Amendments of 1972 Sections 402, 404)

5. Regarding projects undertaken to obtain riparian access, the public policy of
the State is to preserve wetlands and protect water quality while providing for
the riparian land owners right of access to navigable waters. Thus:

a. Where reasonable access for a riparian property owner can be provided directly
from fast land, creation of a channel through vegetated wetlands, filling
for access, or extension of a channel inland shall be prohibited.

b. Where access is to be provided to a subdivision or other multi-home development
of community, a centralized boating access channel is preferable to multiple
piers or channels. For isolated single family dwellings, a pier from fast
land to open water shall normally fulfill the right of responsible riparian
access.

C. The ownership of land bordering upon tidal waters does not carry with it the
automatic right to create channels to extend boat access.

(Natural Resources Article, Sections 1-302, 9-102, 9-202f 9-306; pending
revised DNR wetlands regulations)

6. All waters of the State shall be protected for use as water contact recreation,
for fish, other aquatic life and wildlife. Additional protection shall be given
for shellfish harvesting and recreational trout waters and waters worthy of
protection because of their unspoiled character. (Natural Resources Article,
Sections 8-1402,.8-1405; pending revised DNR water quality registration and
titling)

7. Boats shall be operated:

a. In observance of State regulations regarding boating registration and titling.

b. In observance of the Inland Rules of the Road set forth in Coast Guard
pamphlet USCG-169 dated May 1, 1977.

C. In observance of speed limits and restricted skiing areas, as set forth
in DNR Regulations 08.04.04.03 and 08.04.04.04.

d. In avoidance of any fishing net lawfully placed and marked.

e. With engines muffled in accordance with State noise standards.

f. Without motors in State wilalands (unless allowed because of traditional use).

- 71

g. In accordance with other rules and regulations that may be established
by the State to protect public safety and welfare, water quality or
aquatic resources.

(Natural Resources Article, Section 8-704(b), pending DNR mooring buoy
regulations)

B. The location of buoys for the mooring of boats will be consistent with State
policy if the mooring location is not:

a. In designated private or public shellfish areas.

b. In cable-crossing areas.

c. In navigational channels or in other places in which general navigation
would be impeded or obstructed.

d. In any public ship anchorage.

e. Interfering with the operation of or access through any bridge.

f. Within 200 yards of a public or private commercial bathing beach.

g. Impeding or obsrructing the riparian access of adjacent property owners.

h. Hindering the orderly access to or use of the waterways by the general public.

(Natural Resources Article, Section 8-704(b) pending DNR mooring buoy regulations)

9. moorings are to be marked and maintainea in accordance with federal regulations
and such additional requirements as may be imposed by state regulations.
(Natural Resources Article, Section 8-704(b); pending DNR mooring buoy regulations)

10. It shall be consistent with State policy for local governments to establish
additional ordinances and regulations to address problems associated with
recreational boating facilities and activities, providing they are consistent
with State rules and regulations. (Natural Resources Article, Section B-703,
8-707; Article 25, Section 5; Article 66B)

Implementation

Lead Agencies

1) Provision of recreational access - Waterway Improvements Section of
Capital Programs Administration

2) Regulations of recreational boating activities - Marine Division
of Natural Resources Police

3) Regulation of the location of recreational boating facilities

72 -

Federal: U.S. Army Corps of Engineers
(participating agencies: EPA,
U.S Fish & Wildlife Service,
National Marine Fisheries Service)

State: Water Resources Administration
(participating agencies: Md.
Fisheries Administration, Md.
wildlife Administration, Department
of State Planning, other State
and local agencies as relevant)

Local: County Planning and Zoning Offices

4) Regulation of boat discharges

Federal: EPA (participating agencies: U.S.
Coast Guard)

State: Water Resources Administration,
Environmental Health Administration

Management Procedures

1. Provision of recreational access. The Waterways Improvement Fund
administered by the Capital Programs Administration may be used to construct water-
ways (clear debris, dredge channels, establish navigation aids, etc.), evaluate
water-oriented recreation needs, and develop comprehensive plans for waterways
improvements. The Department of Natural Resources (DNR) may enter into agreements
with the federal government, any municipality, or other political subdivision of
the State, or any private agency, to share the cost of any development, construction,
or improvement of waterways or facilities determined to have beneficial value to
the boating public.

2. Regulation of recreational boating activities. The Marine Division of
the Natural Resources Police enforces recreational boating regulations established
under the provisions of the Boating Act by the Department of Natural Resources
in conjunction with the Boating Advisory Committee.

3. Regulation of the location of recreational boating facilities. The
location of recreational boating facilities is regulated by the Section 10 Permit
Program of the U.S. Army Corps of Engineers and the Wetlands Permit/License/
Water Quality Certification programs of the Water Resources Administration. These
regulatory programs are described in more detail in the section Activities occurring
in Tidal Wetlands. In addition, the location of recreational boating facilities
is regulated at the local level by Maritime zoning regulations and building permits.

4. Regulation of boat discharges. The Water Resources Administration is
currently identifying sensitive areas of the State's tidal waters where no discharge
of human wastes from recreational boats will be allowed, in accordance with the
provisions of the 1972 Federal Water Pollution Control Act Amendments. Regulations
requiring pump-out facilities at marinas are presently under review by the
Environmental Health Administration of the Department of Health and Mental Hygiene.

- 73

Coastal Zone Unit Role

Pr ject Evaluation

The Coastal Zone Unit will be involved in the regulatory process for
recreational boating facilities of 50 or more slips in accordance with project
evaluation procedures. Proposed.projects will be reviewed for possible conflicts
with the Coastal Zone Management Program.

Projects involving less than 50 slips are considered not likely to have
significant impacts unless they involve alteration of vegetated wetlands or
other special consequences, in which case they would be considered for project
evaluation in accordance with relevant criteria.

Program Review

The Coastal Zone Unit will participate in efforts to address the following
cumulative problems associated with recreational boating activities:

1. Recreational boating access: In conjunction with the Waterway
Improvements Program, the Coastal Zone Unit will use the results
of the Study Recreational Boating on the Tidal Waters of Maryland
and other relevant sources of information to identify areas in
which day-use boating facilities can be located in an environmentally
acceptable manner. The Coastal Zone Unit will also cooperate with
the Waterway Improvements Program to provide needed navigational
aids and channel maintenance.

2. Boat discharges: The Coastal Zone Unit will assist the Water Resources
Administration and the Environmental Health Administration to develop
programs relating to waste discharges from recreational boats.

3. Safety and congestion factors: In conjunction with the Water Resources
Administration, the U.S. Army Corps of Engineers, and local units
of governments, the Coastal Zone Unit will refine the results of
the Study entitled Recreational Boating on the Tidal Waters of Maryland
to identify specific areas in which safety and congestion factors
are of major concern, and to develop measures to address these problems.
Initial attention will be focused on the Magothy and Middle Rivers,
on which large new marinas are proposed.

4. Shore erosion: In response to House Joint Resolution 40, the Coastal
Zone Unit will initiate an analysis of the impacts of boat wakes on
Shore Erosion. If boat wakes are proven to have a significant effect,
the Coastal Zone Unit will work with the Marine Division of the
Natural Resources Police in the establishment of speed limitations and
other measures to minimize such effects.

74 -

5. Mooring buoys: With the participation of relevant units of government
and the Coastal Resources Advisory Committee, the Coastal Zone Unit
will develop regulations concerning the registration of mooring buoys,
taking into account such problems as infringement on navigational
channels, trespass on the property of riparian property owners, and
interference with recreational use of waterways.

Cumulative Impacts

As noted in the Section Activities Occurring in Tidal wetlands, the Coastal
Zone Unit will cooperate with the WRA and the U.S. Army Corps of Engineers on
the establishment of an information base on all projects requiring Wetlands Permits
and Water Quality Certification to make cumulative impact evaluations possible.
In addition, the Coastal Zone Unit, in conjunction with other government agencies,
will undertake studies of the cumulative impacts of such projects on water quality,
wetlands, aquatic resources, shore erosion, recreation, and the character of the
water body.

Local Governmental Efforts

The Coastal Zone Unit will assist local governmental efforts in developing
revised comprehensive plans, ordinances, and regulations to address effectively
problems with location of recreational boating facilities, and to ensure consistency
with State regulatory programs.

AUTHORITIES RELATING TO RECREATIONAL BOATING

a. Congestion/Shore Erosion/Water Quality

Statutory Authority Controlling Mechanism Agency

Wetlands Law Direct State Planning and DNR (WRA)
Natural Resources Article Regulation
(Art. NR) , Title 9

State Boat Act Direct State Planning and DNR (BOAC-Boating
Art. NR, Section 8-701 Regulation Advisory Committee)
et seg. (Marine Policy)

Rivers and Harbors Act State Water Quality Certifi- Federal: U.S. Army
Section 10 cation and Federal Corps of Engineers
Federal Water Pollution Consistency State: DNR (WRA)
Control Act Amendments
of 1972, Section 404

County Comprehensive zoning Local Planning and Regulatory/ Local: Planning and
Authority with State State Intervention Zoning offices
Intervention Authority, State: DSP
Art. 66B and Art. 25 Sec. 5
W; Art. 88C Sec. 2(q)

b. Access

Statutory Authority Management Technique Agency

Waterways Improvement Fund Direct State Planning, State DNR (CAP - Capital
Art. NR,Sections 8-707, and/or Local Acquisition Programs
8-708, 8-709, 8-716, 8-723 and Development Administration)

Program Open Space Direct State Planning, State DNR (CAP)
Art. NR, Section 5-901 and/or Local Acquisition
at seq. and Development

COMMERCIAL SHIPPING (OIL SPILL CONTAINMENT AND PREVENTION)

Situation

The Port of Baltimore, a vital economic asset to the State of Maryland and
to the nation, is the major center of commercial shipping in Maryland. Each
year the port generates more than $1.5 billion, 11.7 percent of the Gross State
Product. In addition to the money injected into the State's economy by the
industrial, commercial and transportation complex which constitutes the Port,
jobs are provided for approximately 249,000 Marylanders.

Several aspects of commercial shipping are of concern to the Coastal
Zone Management Program: (1) the maintenance of adequate navigational channels,
(2) the disposal of dredged material, (3) shore erosion aggravated by boat wakes,
(4) the maintenance of the overall viability of the Port of Baltimore, (5) the
establishment of a navigational safety system, and (6) the possibility of oil
spills. The first and second concerns are discussed in the Section Dredging
and Filling Activities. The fourth concern is discussed in the Section Ports.
Shore erosion conditions are addressed by federal agencies having navigational
authority over and, at least in part, by the proposed Boat Wake Impact Study.
The remainder of this subsection discusses the State's approach on the remaining
concerns.

Oil pollution control is of significant concern to the State, since 1,148
reported oil spills from all sources including commercial shipping occurred in
1974, 2,115 in 1975,and 2,133 in 1976. While many spills were in the 5-10 gallon
range, at least 11 of these spills were in excess of 1,000 gallons, and the
largest was 135,000 gallons. Additionally, in the annual report of the Oil
Disaster, Containment, Cleanup and Contingency Program of WRA, it is conservatively
estimated that 10 million gallons of waste oil and 3.5 million gallons of oil
bilge and ballast waters are disposed of annually within the borders of Maryland.

Within the Chesapeake Bay, large oil spills have potentially serious impact
on waterfowl, wetlands, benthic communities, and shoreline property within a
few hours of the spill. Similarly, the discharge of toxic materials transported
on the Chesapeake Bay can have adverse impacts on aquatic resources.

The establishment of a navigational traffic system to monitor vessel traffic
on the Bay is needed to reduce the possibility of collisions in the Bay, and thus
aid in the prevention of oil spills and the release of toxic materials. In
addition, the feasibility of alternative methods of transporting oil, such as
pipelines, should be investigated as means to reduce the potential of oil
pollution in the Chesapeake Bay and its tributaries.

Issues

This situation requires that state and local governments coordinate their
activities and regulatory actions, with federal government cooperation and
consistency, to meet the following objectives of the Coastal Zone Management Program:

(2) To protect, maintain, and improve the quality of the State's tidal
waters for propagation of wildlife, fish and aquatic life, and
for human use and enjoyment.

(16) To ensure the viability of Maryland port areas-and to ensure that
their development is carried out in an environmentally sound manner.

(29) To ensure that hazardous substances are utilized and disposed of in
a manner which prevents any toxic, lethal or sublethal effects to
plant, aquatic or animal life, which prevents any adverse effect
upon human health, and which prevents disposal of the substances
.into terrestrial or aquatic ecosystems.

Management actions and regulatory procedures must:

a. Establish procedures and methods for the safe handling, transfer
and storage of oil to minimize damage from oil spills, and to
reduce the possibility of spills.

b. Establish the best possible oil spill contingency plans to minimize
the impacts of oil spills when they do occur.

C. The establishment of procedures and methods for the handling,
transfer, storage, and disposal of toxic materials.

d. Ensure the conservation and effective utilization of oil resources
to meet state energy needs.

Policies

1. The Department of Natural Resources shall act for the State to develop needed
navigational aids and improvements on waterways on the Chesapeake Bay and
other tidal waters of the State. (Natural Resources Article, Section 8-203)

2. The Maryland Port Administration may:

a. Provide for the preservation of navigation and the protection of
public health within its territorial jurisdiction, by such means
as the establishment of lines beyond which piers, bulkheads, wharves,
pilings, structures, obstructions, or extentions may not be made or
extended and by the construction, maintenance and repair of such
structures.

b. Establish regulations covering the handling of dangerous materials,
the anchoring and moving of watercraft, and the discharge of refuse
or similar material into navigable waters, in order to foster and
facilitate navigation and prevent injury to persons or property.

c. Make surveys or charts of navigable waters within its territorial
jurisdiction and ascertain the depth and course of the channels of
these waters. (Transportation Article Section 6-206)

78 -

3. No person may discharge, or cause to be deposited into the waters of the
State, oil or other matter containing oil or bilge or ballast water which
will pollute these waters, or which will violate the water quality standards
of the State.

4. Any person discharging or permitting the discharge of oil into the waters
of the State from a land-based installation, from vehicle in transit, or
from a vessel, ship or boat of any kind, must report the incident immediately
to the appropriate Federal authority and to the Administration, and must
remain available until clearance to leave is given by the appropriate
officials. (Natural Resources Article, Section 8-1410(b), Water Resources
Administration Rules and Regulations, Section 08.05.04.07)

5. No one may engage in any commercial or industrial operation involving
methods, facilities, standards, and devices for transfer, handling, transport
storage, separation, removal, treatment, or disposal of oil or other unctuous
substances, unless he has obtained a permit from the Department of Natural
Resources indicating that the activities are in conformity with the prescribed
rules and regulations to prevent pollution of the State's waters. (Natural
Resources Article 8-1405, 8-1413, DNR Regulation 08.05.04.07)

6. The Department of Natural Resources and the Maryland Port Administration, in
conjunction with the U.S. Coast Guard, shall develop and implement a program
to prevent or respond to emergency oil spillsincluding requiring bonds for
vessels transporting oil products and requiring persons responsible for oil
spills to provide adequate compensation. (Natural Resources Article 8-1405,
8-1406, 8-1408, 8-1410, B-1411, 8-1415, 8-1417; DNR Regulation 08.05.04.07)

7. All new facilities involved with the handling, storage, transfer, or processing
of petroleum or natural gas products must be located where the potential
for adverse impacts on aquatic resources is minimized, and must be built
in a manner which assures compliance with state water quality standards.
(Natural Resources Article, Section 6-508)

8. Generally, the use of pipelines will be encouraged for the transporting
ashore of any petrochemicals produced in the Atlantic Outer Continental
Shelf Area. (Natural Resources Article, Sections 1-302, 1-303, 6-502, and
6-508)

IM121ementation

Lead Agencies

State: Water Resources Administration - Oil Disaster, Containment,
Cleanup, and Contingency Program.

Energy
Policy
office: Energy and Coastal Zone Administration - development of State
energy policy relating to energy needs, use, distribution and
conservation.

Federal: U.S. Coast Guard - navigational safety, oil spill containment
and cleanup in U.S. waters.

Management Procedures

Oil Handling Permits - The prevention of oil spills is a continuing effort
of WRA, and is carried out in accordance with the requirements of WRA Regulation
08.05.04.07. To ensure that all users of oil are capable of preventing oil
pollution, state law requires WRA permits for use, handling and storage, disposal,
and transfer of oil. The requirements for a permit include meeting specific standards
in the regulations and contingency plans for coping with an accidental spill. Thus,
the State's approach to the problem of oil spills is to regulate the handling,
storage and use of oil products, to minimize the possibility of oil spills, and to
insure that contingency plans are made (at the facility level and at the state
level) to respond effectively to oil spills if they should occur.

Oil Disaster, Containment, Cleanup, and Contingency Program - The Department
of Natural Resources (WRA) is responsible for cleanup of discharges and spills.
However, the Department can collect compensation fees for the cost incurred.
Private individuals may not receive compensation for cleanup costs. Persons
responsible for oil spills are liable to "any person" for damages to property
caused by the spill. A Maryland Oil Disaster Containment Cleanup and Contingency
Fund of up to $1 million is maintained from license fees for terminal facilities
(the fee varies with the size of the facility). Compensation fees paid by dischargers
replenish this fund.

Investigation of all oil spills in state waters is the responsibility of
the Enforcement Division of WRA. The Maryland Port Administration is responsible
for development of a program to respond to emergency oil spills in the Baltimore
Harbor. WRA is responsible for development of a similar program in other waters
of the State.

The objectives of the Oil Disaster, Containment, Cleanup and Contingency
Program are:

1. To institute prompt measures to stop the discharge and to restrict
and contain the spread of spilled oil.

2. To make equipment and supplies readily available for the containment
and cleanup of oil spills.

3. To apply techniques and procedures to cleanup and dispose of spilled
oil.

State Response to Open Water Spills - Since the U.S. Coast Guard requires
eight to twelve hours to respond from its Elizabeth, N.C. base to an open water
spill in Maryland, WRA has been developing the ability to respond immediately
(within the hour) to any open water spill on the Chesapeake Bay or other state
waters. An Ad Hoc Committee representing the Maryland Port Administration, the
Maryland Environmental Service, WRA, the Maryland Wildlife Administration, the
Maryland Fisheries Administration, the Maryland Petroleum Association (representing
the State's oil industry), the Baltimore County Fire Department, the Baltimore
City Bureau of Operations and Fire Department, the U.S. Coast Guard, and the U.S.
Fish and Wildlife Service, was formed to address the problem of quick deployment
for open water spills. As a result, the Oil Permits Section of WRA has acquired
equipment, and has developed a contingency plan for open water spills. A report
documenting the plan is near publication.

In late 1976, WRA and the U.S. Coast Guard conducted separate, successful
demonstrations of their ability to respond to open-water oil spills.

Oil Transport Policy - Although to date there is no formal state policy on
oil tanker traffic in the coastal zone, Maryland did join with the other stat es
of the Mid-Atlantic Governors' Coastal Resources Council to seek a condition on
the lease sale (No. 40) of Outer Continental Shelf (OCS) tracts, requiring that,
wherever feasible and preferable, pipelines will be used to transport ashore any
petrochemicals produced from those tracts. Pipelines have a considerably better
record than tankers for transporting petrochemicals without spill.

Where oil tankers are being used, the State is considering the range of
possible actions to protect the coast from tanker-related oil disasters.
Navigational improvements (such as maintaining a safe channel depth, improving
the piloting system, and establishing a vessel traffic system) may reduce the
potential for oil spills and the discharge of toxic materials, The recent
incorporation of the Energy Policy office into the Energy and Coastal Zone
Administration will help the State to develop a policy on energy, its transport
and distribution within the State.

Hazardous Substances Transport - In addition to its general responsibilities
relating to oil pollution and navigation, the U.S. Coast Guard is responsible for
regulating the transport of dangerous materials (including toxic materials) on
the Chesapeake Bay. As described in the Section Shoreland Activities in General,
the Department of Natural Resources is responsible for regulating the storage and
disposal of hazardous substances, including toxic materials.

Coastal Zone Unit Role

Project Evaluation

Proposals for the construction or expansion of all facilities involved
with offlanding, transfer, or intermediate processing of oil and natural gas
products will be subjected to a full project evaluation in accordance with the
provisions of the Coastal Facilities Review Act for which the Coastal Zone Unit
has responsibility.

- 81

Program Review

The Coastal Zone Unit will:

1. Work with WRA to refine oil spill contingency measures, including
use of oil-spill trajectory models, and to determine likely dispersion
patterns of oil spills.

2. Work with the Energy Policy office to develop policies on the wise
use and conservation of oil resources.

3. Work with the U.S. Coast Guard, the U.S. Army Corps of Engineers, and
the State of Virginia to establish vessel traffic systems in the
Chesapeake Bay as a measure to reduce the probability of oil spills
or discharges of toxic materials from vessels.

4. Work with appropriate government agencies to investigate the feasibility
of alternatives to commercial shipping for transporting oil.

AUTHORITIES RELATING TO COMMERCIAL SHIPPING (OIL SPILLS)

Statutory Authority Management Techniques Agency

General powers relating to Direct State Planning and DNR
Chesapeake Bay & Shorelines Regulation
Art. NR, Section 8-203

Oil Pollution laws Direct State Planning and DNR (WRA)
Art. NR, Section 8-1405 Regulation
1406, 1410, 1411, 1417
Regulation 08.05.04.07
(1974)

Federal Water Pollution Federal Consistency Federal: U.S.
Control Act Amendments Coast Guard, EPA
of 1972, Section 311 State: DNR (E&CZA)

Coastal Facilities Review Act Direct State Planning and DNR (E&CZA)
Art. NR, Section 6-501 Regulation
et seq.

Dangerous Cargoes Transport Federal Consistency Federal: U.S.
Coast Guard
State: DNR (E&CZA)

Hazardous Substances Disposal Direct State Planning and DNR (WRA)
Act, Art. NR, Section 1413.2 Regulation

82 -

DREDGING AND DISPOSAL OF DREDGED MATERIAL

Situation 40

In the past, dredged material resulting from the maintenance and improvement
of federally maintained harbor channels has been disposed of in open water sites.
The Maryland Board of Public Works, whose responsibility it is to designate such
sites, is the only state organization authorized to acquire and dispose of submerged
State lands. Adverse impacts on shellfish beds from disposed dredged material were
officially recognized by the Baltimore District Corps of Engineers in 1902. Through-
out the years, watermen and environmentalists have objected to open water disposal,
and the last deepening of the C&D Canal (1966-1968) brought complaints from watermen
that mounds of sediment were interfering with drift netters working near the area
of disposal. As a result of opposition to open water disposal, the Commission on
Submerged Lands of the State Board of Public Works, in 1968, made the following
recommendations to the Governor and the Board:

1. That in 1969, the State make available funds for the study,
planning, and construction of a spoil containment area in the
vicinity of Baltimore Harbor.

2. That, pending completion of the spoil containment area, dredging
in Baltimore Harbor be severely limited, and that spoil from those
projects approved be deposited at Pooles Island Deep.

3. That a westward extension of the Kent Island Dump site be approved,
as proposed by the Baltimore District Engineer, to receive non-
contaminated spoil dredged outside Baltimore Harbor. This action
was recommended by an ad hoc committee of estuarine experts only
after consideration of the best available environmental information.
This information indicated that the probable environmental effects
of disposing in the designated expansion area would be insignificant.

These recommendations resulted in the limitation of dredging in Baltimore Harbor
to critically needed projects, and led to the selection of Hart-Miller Islands as
a diked containment facility for the dredged material from the proposed deepening
of the southern approach navigational channel to Baltimore Harbor to 50 feet.

Dredging operations will potentially generate 155 million cubic yards (mcy)
of dredged material over the next 20 years, 140 mcy of which will result from
Federal, State, and private dredging activities in Baltimore Harbor and the
Chesapeake and Delaware (C&D) Canal and approaches. That total includes a federal
program for deepening the Harbor approaches from 42' to 50',

Existing containment sites along the C&D approach channel in Maryland
currently have a total of 8.9 million cubic yards of acceptable capacity. The
current maintenance dredging backlog associated with the C&D channel is 10 million
cubic yards (cmy). Baltimore Harbor containment sites (privately owned) have a
potential capacity of 2 to 4,mcy. Eight potential containment sites have been
evaluated for development by the State. In 1977, three of these sites were recommended
for development by the State Department of Transportation in a report to the
Maryland House of Delegates Subcommittee on Law Enforcement and Transportation.
Together these sites will provide approximately 30 mcy capacity.

83 -

The proposed Hart-Miller Islands Diked Containment Area is designed to
accommodate 52 mcy, including 42 mcy produced by dredging the Congressionally
authorized 501 channel for Baltimore Harbor.

In summary, existing containment capacity is insufficient to meet spoil
disposal needs for the next 20 years.

Issues

In order to meet the.needs of the next 20 years and beyond, a dredging
management plan must be developed which uses an acceptable combination of
alternative methods to dispose of dredged material, in a manner consistent with
the following objectives of the Coastal Zone Management Program:

(2) To protect, maintain, and improve the quality_of the State's tidal
_@;_a_ters for propagation of wildlife, fish and aquatic life, and for
human use and enjoyment.

(3) To protect coastal aquatic areas of significant resource value and
where possible restore presently degraded areas_of potentially
significant resource value, such as viable oyster bars and clam
beds; important migratory pathways, spawning, nursery and feeding
areas for fish; wintering and resting areas for migratory birds.

(4) To protect, maintain, and where feasible restore the integrity of
tidal wetlands.

(16) To ensure the viability of Maryland's port areas and to ensure that
their development is carried out in an environmentally sound manner.

(24) To identify environmentally suitable methods of dredging and dredged
material spoils disposal (including beneficial use of dredged material),
to meet long-term needs resulting from navigational projects, state
and local governmental projects, and major private projects, and to
oppose the use of methods found to be environmentally unsuitable.

To develop a management plan for dredged material disposal the following
requirements must be met:

- Economic and environmental effects of deepening the southern approach
channel to Baltimore Harbor must be investigated..

- Acceptable sites for the disposal of dredged material from projects
associated with the maintenance of navigation channels and Baltimore
Harbor must be provided.

- Beneficial alternatives for the disposal of dredged material must be
investigated.

- Procedures among State and federal agencies for the scheduling and
implementation of maintenance and improvement of navigational channels
must be coordinated.

- Biological, chemical and physical impacts of dredging and disposal
operations must be ascertained.

- Methods for the selection of alternative disposal sites must be developed.

Policies

1. Dredging or filling will not be permitted in state or private wetlands
without state approval. (See Section Activities occurring in Tidal Wetlands
for conditions under which dredging and filling will be allowed). (Natural
Resources Article, Sections 9-202 and 9-306)

2. No dredged material containing designated hazardous substances shall be
disposed of in any manner that would lethally or sublethally affect
terrestrial or aquatic ecosystems. (Natural Resources Article, Section
8-1413.2, Department of Natural Resources Rules and Regulations, Section
08.05.05)

3. A system must be devised to minimize undesirable cumulative impacts of
dredging, disposal, and related activities in the coastal zone. (Natural
Resources Article, Sections 1-302, 8-1413.1 and 8-1601)

4. Continued intensive monitoring of large dredging projects, particularly
those involving disposal of material in open water, is required. (Natural
Resources Article, Section 8-1413.1)

5. The development of a method for choosing spoil disposal sites which is
acceptable to state and federal regulatory agencies, is necessary for use
by counties, municipalities, and other local dredging interests. (Natural
Resources Article, Sections 1-302, 1-303, 8-1413.1 and 8-1601)

6. No material dredged from Baltimore Harbor shall be disposed of in an
unconfined manner in the open water portion of Chesapeake Bay, or the tidal
portions of its tributaries outside of Baltimore Harbor. (Natural Resources
Article, Section 8-1602)

7. The proposed Hart and Miller Island diked disposal facility for material
dredged from the federal channels in Baltimore Harbor and its approaches is
required. (Natural Resources Article, Sections 1-302, 1-303, and 8-1601)

8. Further selection and development of the most feasible of the potential
containment sites identified in Baltimore Harbor is required. (Natural
Resources Article, Sections 1-302, 1-303, and 8-1601)

- 85 -

9. The economic and environmental feasibility of alternative uses of dredged
material, such as transport to an inland reclamation site or production of
lightweight aggregates,must be determined as part of the development of a
long-term dredged material disposal plan. (Natural Resources Article,
Sections 1-302, 1-303, and 8-1601)

10. Adequate notification of proposals for navigational channel maintenance and
improvement must be provided to the State by the U.S. Army Corps of Engineers,
and the responsibility of the various State agencies involved in such projects
must be clearly defined. (Natural Resources Article, Sections 1-101, 1-104,
1-302, 1-303, 8-1402, 8-1405, 8-1413.1, 8-1601, 9-102, 9-202; Transportation
Article 2-103, 6-102, 6-204, 6-206)

Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineers

State: Department of Natural Resources (WRA); Department of Transportation
(MPA); Department of General Services, Board of Public Works

Management Procedures

The U.S. Army Corps of Engineers has the responsibility for improving and
-maintaining navigation channels. The Philadelphia District has responsibility for
the C&D Canal and its approach channel down to the Tolchester Point, and the
Baltimore District has responsibility for channels in the remainder of the State's
waters. While the Philadelphia District's responsibilities include provision of
disposal sites, the Baltimore District's do not. The Department of Transportation,
the Department of Natural Resources and the State Board of Public Works have
responsibilities to develop the State's position on proposed Corps'operations, and to
carry out activities relating to such projects.

The State has recently taken action to clarify the responsibilities of
state agencies involved in such projects. In a letter from Acting Governor
Blair Lee to the Baltimore District, the Maryland Department of Transportation
was designated as the lead agency to carry out the State's responsibility for
the Federal Baltimore Harbor Channel Project. The Department of Natural Resources
will be responsible for evaluating disposal alternatives, monitoring dredging
operations and initiating research efforts.

In addition, the Water Resources Administration and the Baltimore Ditrict
of the U.S. Army Corps of Engineers have initiated discussions on the need for a
process in which the Corps would notify the State early of schedules for channel
maintenance and improvement, so that the State has adequate time to choose the
best disposal alternatives.

Such discussions are taking place under the aegis of the newly formed
Chesapeake Bay Dredged Material Disposal Committee. Agreements reached with the
Baltimore District should provide a model for implementation with the other
districts.

As described in more detail in the Section Activities Occuring in Tidal Wetlands
and in Appendix G, the State Wetlands Permit/License/Water Quality Certification
Program and the U.S. Army Corps of Engineers Section IO/Section 404 Permit Program
are the principal programs regulating dredging and filling activities in the
State's waters. Policies and procedures addressing potential impacts of dredging
and filling activities in tidal wetlands, aquatic resources, etc., are described
in the Section Activities occurring inTidal Wetlands, Living Aquatic Resources, etc.

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit will assist the Water Resources Administration to
establish program coordination and review procedures. With regard to specific
projects, the Coastal Zone Unit will be involved in project evaluations associated
with major facilities, and will assist the Water Resources Administration in
investigation of potential secondary impacts of dredging projects such as
hydrologic changes offsite degradation of aquatic resources, etc.

Program Review

With financial support of the Coastal Zone Management Program, the Water
Resources Administration has conducted a study of dredging and disposal of dredged
material. The results of the study, which addresses shortand long-term disposal
options, regulatory mechanisms, administrative procedures, and monitoring activities
are documented in the report, '.'Management Alternatives for Dredging and Disposal
Activities in Maryland's Waters". The recommendations of the.studY are providing
the basis for action by the Department of Natural Resources, particularly in
clarifying the roles of the various governmental agencies to effect more coordinated
solutions to dredging and dredged material disposal problems.

The Coastal Zone Unit will assist the Water Resources Administration in
carrying out the recommendations of the report, including further study of
unresolved aspects of the problem, such as identifying acceptable dredged material
disposal sites. The Coastal Zone Unit will also assist the Water Resources
Administration in ensuring the input of all interested parties in decisions regarding
disposal options for specific projects, particularly those involving open water
disposal.

AUTHORITIES RELATING TO DREDGING AND THE DISPOSAL OF DREDGED MATERIAL

Statutory Authority Management Technique Agency

Wetlands Law Direct State Planning and DNR (WRA) BPW
Art. NR, Section 9-306 Regulation

Monitoring of Chesapeake Direct State Planning and DNR/DHMH
Bay Dumping Regulation
Art. NR, Section 8-1413

Baltimore Harbor Dredged Direct State Planning and DNR (WRA)
Spoil Overboard Dumping Regulation
Prohibition
Section 8-1601-16105

Rivers and Harbors Act of Federal Consistency/State Federal: U.S, Army
1899, Section 10 Water Quality Certification Corps of Engineers
State: DNR (WRA)

Federal Water Pollution Federal Consistency/State Federal: U.S. Army
Control Act Amendments Water Quality Certification Corps of Engineers
of 1972, Section 404 State: DNR (WRA)

88 -

ACTIVITIES ASSOCIATED WITH LIVING AQUATIC RESOURCES

Situation

Living aquatic resources in the coastal environment are a major part of
Maryland's recreational and commercial life and livelihood. The tremendous tonnage
of fish and shellfish commercially harvested from Maryland waters has been known
for many years, and recently there has been evidence to suggest that the size
of recreational harvest is double that of the commercial catch. In addition,
many of the migratory species found in the Bay, such as the highly desired striped
bass, are only parts of much larger populations which may span the entire east
coast. The extent of harvest pressure, in the Bay and offshore, exerts severe
stresses on the resources of fisheries in Maryland's coastal zone.

Additionally, agricultural run-off, excess sewage, storm water run-off,
and industrial discharges have had measureably adverse effects upon fisheries
in the Chesapeake Bay and its tributaries.

The extent of stress on the living resources in Maryland's aquatic coastal
environment is not fully known for several reasons. First, there has often been
inadequate basic data of the aquatic biota. Second, there is currently no method
which adequately detects changes in the health and integrity of the biota in
Maryland's coastal zone.

Issues

This situation requires a coordinated effort of state and federal agencies
with academic and research institutions, actively working to eliminate present
information and management deficiencies in accordance with objectives of the Coastal
Zone Management Program:

(2) To protect, maintain, and improve the quality of the State's
tidal waters for propagation of wildlife, fish and aquatic
life, and for human use and enjoyment.

(3) To protect coastal aquatic areas of significant resource value,
and where possible, restore presently degraded areas of potentially
significant resource value, such as viable oyster bars and clam
beds, important migratory pathways, spawning, nursery and feeding
areas for fish, and wintering and resting areas for migratory birds.

(4) To maintain, protect, and where feasible restore the integrity
of the tidal wetlands of the State.

- 89

(25) To ensure that hazardous substances are utilized and disposed of
in a manner which prevents.any toxic, lethal or sublethal effects
to plant, aquatic or animal life, which prevents any adverse
effect upon human health, and which prevents disposal of the
substances into terrestrial or aquatic ecosystems.

(33) To promote standardization of techniques and compatibility of
federal, state and academic research efforts in the State's
coastal areas.

(35) To ensure interstate coordination of plans for the management of
resources which are shared with neighboring states, such as
migratory aquatic species.

In the development of a comprehensive fisheries management plan for the
biota of the Chesapeake Bay and the seaside bays, the following issues must be
addressed:

- Recognition of the concept that the various parts of the Cheapeake
Bay, such as river tributaries and embayments, interact to form
an integrated environmental system, and that use of any part of
the system affects the entire system.

- The standardization of data collection procedures in order to ensure
that sufficient information is obtained to evaluate resource
abundance and the effect of various harvest practices.

- Determination of the magnitude of the recreational harvest of finfish
and shellfish, in order to assess the total impact of harvesting
practices on living aquatic resources.

- The development of physical, chemical and/or biological sampling
procedures that adequately measure changes in the quantity and health
of living aquatic resources in the Chesapeake Bay.

- The development of procedures to resolve conflicts between the many
uses of the coastal environment, procedures which are based upon
evaluation of all aspects of the ecosystem--hydrological, biological,
ecological, social, and economic.

- The development of programs that naturally and/or artificially enhance
finfish and shellfish populations.

- The development of a better understanding of the relationship between
living aquatic resources and their biological environment.

- The development of interstate mechanisms for the management of aquatic
resources that cross state boundaries.

90 -

Policies

1. Management plans for the conservation and preservation of the living
aquatic resources of Maryland's coastal areas will be developed and
implemented. (Natural Resources Article, Section 4-202, Section 4-602,
Section 8-203)

2. Programs for conservation and restoration of (state and federally recognized)
endangered or threatened species will be developed and implemented to insure
their continued existence. (Natural Resources Article, Section 4-210, 4-2AO4)

3. The Department of Natural Resources shall acquire title to or control of areas
of water or land in the state, as necessary to protect, propagate, or manage
fish as state fish refuges. (Natural Resources Article, Section 4-401)

4. The commercial and recreational harvest of hard shell clams, soft shell clams,
crabs, oysters, finfish, and lobsters shall be regulated so that the size of
the population of the particular species involved will not fall below the
level necessary to provide the optimum sustained yield. (Natural Resources
Article, Sections 4-401 et seq., 4-601 et seq., 4-701 et seq., 4-801 et seq.,
4-901 et seq., 4-1008 et seq., 4-1021 et seq., 4-1032 et seq.)

5. Measures will be taken to increase the productivity and utility of the state 's
natural oyster bars. (Natural Resources Article, Section 4-207, 4-1103)

6. No activity will be permitted that impedes or prevents the free passage
of any finfish, migratory or resident, up or down stream. (Natural Resources
Article, Section 4-501)

7. Dredging through an oyster bar or clam bed which causes adverse impacts
to the aquatic resource located on the bar or bed will not be permitted.
(Natural Resources Article, Section 1-302, 1-303, 8-802, 9-102, 9-202)

8. No activity to appropriate or use state waters in a manner which will adversely
affect living aquatic resources will be permitted. (Natural Resources Article,
Section 8-802)

9. Improvement, conservation, and management of living aquatic resources shall
be carried out cooperatively by state and federal agencies. (Natural Resources
Article, Section 8-1402)

10. No substance classified as a designated hazardous substance (DNR Reg. 08.05.05)
shall be disposed of in any manner that would cause lethal or sublethal
alterations to the aquatic ecosystem. (Natural Resources Article, Section
8-1413.2)

11. It is State policy to improve, conserve and manage the quality of the State's
waters for the propagation of wildlife, fish and wildlife resources. (Natural
Resources Article, Section 8-1402)

12. No material dredged from Baltimore Harbor shall be disposed of in an unconfined
manner in the open water portion of Chesapeake Bay or the tidal portions of its
tributaries outside of Baltimore Harbor. (Natural Resources Article, Section
8-1602)

Implementation

Lead Agencies

Maryland Fisheries Administration (aquatic resources generally)

Maryland Wildlife Administration (migratory birds)

Manageme t Procedures

The Fisheries Administration for the State of Maryland has primary
responsibility for development and administration of rules, regulations and
management practices for fish and shellfish communities within Maryland's coastal
zone. By legislative mandate, Maryland has a "public fishery". This has been
interpreted to mean public access to any available resource. Because the finfish
community has been naturally plentiful, management practices have been directed
at providing spawning opportunities. Because of the significant fluctuation
in abundance of shellfish over the years, management practices have
attempted to provide an adequate harvestable population, primarily by intensive
seeding efforts. other shellfish management practices have included seasonal
harvesting restrictions and limits on the size and sexual maturity of shellfish
allowed to be harvested.

The Fisheries Administration also provides information on possible impacts
of proposed projects permitted by the State on fish and shellfish resources.
Particular attention is given to projects requiring wetlands permits.

The Maryland Wildlife Administration has responsibility for protecting
wintering and resting areas of migratory birds, through review and comment on
relevant projects or activities through the establishment of regulations on hunting
and other activities, and through the cooperative programs with federal agencies
concerned with protecting migratory bird species.

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit's role in evaluating projects affecting aquatic
resources is described in detail in Chapters on specific activities.

Program Review

Maryland's Coastal Zone Unit will cooperate with the Coastal Resources
Commission of Virginia, the agencies of both states, and the National Marine
Fisheries Service, to develop comprehensive fishery management plans. These
management plans will cover the general fishery biota of the Chesapeake Bay
and the seaside bays as well as certain specific species. Negotiations are
underway with the State of Virginia on the establishment of a bayside aquatic
resource management systenvin accordance with the provisions of Section 309
of the Coastal Zone Management Act.

92 -

The Coastal Zone Unit is also interfacing with interstate groups concerned
with management of the aquatic resources, such as the Northeast States Federal
Management Board, the Atlantic States Marine Fisheries Commission, the National
Shellfish Sanitation Program, the Oyster Institute of North America, and the two
River Basin Commissions mentioned above.

Within the State, the Coastal Zone Unit is working closely with the Maryland
Fisheries Administration, the Shellfish Advisory Board, the Maryland Water
Resources Administration, and other intrastate agencies to develop and implement
aquatic resource management programs. The Fisheries Administration has the major
authority and responsibility for management of aquatic resources, and is the primary
agency working with the Coastal Zone Unit to develop and implement management plans
for finfish and shellfish populations.

In order for effective aquatic resource management plans to be developed,
implemented and maintained, better information is needed on the abundance and
harvest of finfish and shellfish. The Coastal Zone Unit will work with state and
federal agencies, as well as with research institutions, to standardize data
collection, procedures, and sampling methods which realistically reflect the living
aquatic resources of the coastal environment.

Because the Chesapeake Bay is a unified system, decisions on particular
activities should be based on assessments of the possible effects on the entire
system. Through its project evaluation and technical assistance, the Coastal
Zone Unit will promote the concept of the Bay as an integrated system, and will
demonstrate a rational, integrated method of analysis based on evaluations of
the hydrological, geological, ecological, social, and economic factors relating
to each situation.

A handbook has been prepa red by the Coastal Zone Management Unit in which
various resource areas of finfish and shellfish have been mapped. The intent
of this handbook is to focus the attention of local decision-makers on the
dependency that finfish and shellfish have on Maryland's aquatic environment. It
is also intended to serve as a reference book for these decision-makers in
determining if further review of a proposed activity is warranted because of
potential adverse affects on living resources.

AUTHORITIES RELATING TO LIVING AQUATIC RESOURCES

Statutory Authority Management Technique Agency
State Critical Areas Program State Standards for State and DSP
Art. 88C, Section 2(b)(3) Local Implementation
Regulation 16.00.02

State Boat Act Direct State Planning and DNR (BQAC,
Art. NR, Section 8-701, Regulation Marine Police)
8-703, B-704

Water Quality Program Direct State Planning and DNR (WRA)
Art. NR, Section 8-1401 Regulation DHMH (EHA)
et seq. Regulations
08.05.04.01 et seq.
Art. 43, Section 394(a)

Wetlands Law Direct State Planning and DNR (WRA)
Art. NR, Title 9 Regulation

Chesapeake Bay Dumping Direct State Planning and DNR (WRA)
Art. NR, Section Regulation DHMH
8-1413.1, 8-1601 et seq.

Sediment Control Law State Standards for Local DNR
Art. NR, Section 8-1101 et seq. Implementation
Regulation 08.05.03.01 56
Attorney General Op.'s 478 (1971)

Commercial and Sport Harvesting Direct State Planning and DNR (Maryland
Art. NR, Title 4, Subtitles Regulation Fisheries
7, 8, 9, 10 Administration)
MFA

Endangered Species of Fish Con- Direct State Planning and DNR (MFA)
servation Act, Art. NR, Section Regulation
42AO1 et seq.

Fish Refuges Direct State Planning and DNR (MFA)
Art. NR, Section 4-401 et seq. Regulation

Oyster and Clam Culture Direct State Planning and DNR (MFA)
Art. NR, Section 4-1101 et seq. Regulation

Federal Water Pollution Control Federal Consistency Federal: U.S.
Act Amendments of 1972 Environmental
Section 312(f)(3) Protection
Agency
State: DNR (WRA)

Hazardous Substances Disposal Act Direct State Planning and DNR (WRA)
Art. NR, Section 8-1413.2 Regulation

Construction In Or Obstruction Of Direct State Planning and DNR (WRA)
Free-Flowing Rivers or Non-tidal Regulation
Waters Including the 100-year
Floodplain

94 -

OCEAN DUMPING

Situation

The State of Maryland is concerned about the environmental and economic
impacts of the ocean dumping of municipal and industrial wastes at the Cape May
dumpsite, located approximately 35 miles off the Maryland/Delaware line. EPA
studies have shown that heavy metals contained in these wastes have accumulated on
the ocean bottom, and in the muscle and viscera of bottom-dwelling organisms.
Living fecal coliform bacteria, indicators of the presence of disease causing agents,
have been detected in shellfish collected in and near the sewage sludge dumpsite.
Changes in the composition of the bottom-dwelling community have been observed in
a 100-square-mile area covered with sewage sludge. Large numbers of rock crabs
from the dumpsite area have been observed with a blackened'gill condition caused
by sludge particles.

The federal Food and Drug Administration has already prohibited shellfishing
along 142 square miles of ocean bottom around the Cape May site, and is considering
expanding the area of closure. The Maryland Fisheries Administration estimates
the dockside value of the shellfish within the existing area of closure at $2 million.
The fact that the prevailing currents carry the ocean dumped wastes towards the
Maryland coastline may result in an additional economic impact on the Ocean City
tourist industry. It is even possible that the publicity associated with ocean
dumping off the coast of Maryland may cause tourists to vacation elsewhere.
This impact could have potentially serious consequences to the economy of Maryland's
coast.

No industry or municipality in Maryland uses ocean dumping as a waste
disposal technique. The Cape may dumpsite has been used since 1973, mainly by
the cities of Camden, N.J., and Philadelphia, PA., and by E.I. Du Pont de Nemours
titanium dioxide plant in Edgemoor, Delware. Prior to 1973, a site located 12
miles off the mouth of Delaware Bay was used by these dumpers. Presently, the
only user of the Cape May dumpsite is the City,of Philadelphia. As a result of
testimony by the State of Maryland and other parties at ocean dumping hearings,
Du Pont and the City-of Camden have moved to a dumpsite located 90 miles offshore,
off the edge of the continental shelf (referred to as DWD 106). Maryland does
not support ocean dumping at DWD 106, but prefers its use to the Cape May site if
ocean dumping is necessar-y at all.

ocean dumping of industrial and municipal wastes is regulated by the federal
Environmental Protection Agency pursuant to Title I, Section 102 of the Marine
Protection, Research and Sanctuaries Act of 1972 (also referred to as the Ocean
Dumping Act). EPA Region III is directly responsible for ocean dumping off the
Coast of Maryland. Progress toward achieving the goals of the Ocean Dumping Act
was minimal in the Mid-Atlantic region until the summer of 1975, when the Maryland
Attorney General's office became actively involved. Since Maryland became
involved, the following progress has been achieved with regard to the three major
dumpers using the Cape May site:

- 95

- under the court order, the City of Camden must discontinue ocean
disposal of sewage sludge by December, 1977; and is presently
using site DWD 106.

-Du Pont must phase out the ocean disposal by the end of 1978, and
is presently using DWD 106.

-The City of Philadelphia is under an implementation schedule leading
to a phase out by 1981, but continues to dump at the Cape May site.

Issues

There is a basic conflict between the industries and municipalities who have
used ocean dumping to their economic advantage, and those who are concerned with
the public health, the health of the continental shelf's ecosystem, and the economic
loss to offshore fisheries and to tourist industries of coastal resorts. This
situation requires that State and local governments coordinate their activity and
regulatory actions, with Federal government cooperation and consistency, to meet
the following objective of the Coastal Zone Management Prograra:

(26) To prevent dumping into ocean waters off the State of Maryland
any material which would adversely affect human health, welfare
or the marine environment, ecological systems, or resources
of economic value.

Investigations and regulatory procedures must address the following concerns:

- Availability of alternative disposal or recycling techniques that are
environmentally and socially acceptable.

- Timing of the implementation of alternative methods.

- Severity of the ecological impacts of ocean dumping.

- Desirability of the locations of the existing ocean dumpsites.

Policies

1. It shall be inconsistent to dump material which may adversely affect Maryland
waters or coastal resources in the Atlantic Ocean within three miles of
Maryland's coastline. (Natural Resources Article, Section 1-101, 1-104,
8-1402, 9-202)

2. The state shall actively participate in federal proceedings on ocean dumping
in order to obtain early phase out of ocean dumping activities. (Marine
Protection, Research and Sanctuaries Act: 33 USC Section 1401 et seq.; federal
rules and regulations pertaining to Ocean Dumping: 40 CFR M--227; Federal
Administrative Procedures Act 5 USC Section 560; Natural Resources Article
Sections 1-101, 1-104, 1-302, 1-303, B-208, 8-1402)

96 -

3. It is the policy of the State of Maryland that the Ocean Dumping of materials
which may adversely affect Maryland waters shall be consistent with the following:

a. The process for selecting alternative disposal methods for waste materials
should include a consideration of recycling techniques that will yield
useful end products. For example, Du Pont has developed a process to
recycle their acid wastes (from titanium dioxide production) to produce
a product that they will sell at a pr ofit by 1980. Sewage sludge can
also be treated in several ways to create soil conditioners.

b. When potentially harmful contaminants (e.g., heavy metals, disease
causing organisms) cannot be removed from waste or recycled materials,
then disposal or application techniques must provide for control over
the fate of those contaminants.

C. The applicant for an ocean dumping permit must demonstrate that his
proposed actions are in compliance with the Ocean Dumping Act and the
rules and regulations promulgated by EPA pursuant to the Act (40 CFR
220-227, 330 SC 1401 et -seq.).

d. Where ocean dumping-is the only feasible alternative, dumping should be
permitted only at previously used sites and at the site where the least
environmental impact, threat to the public health, and loss of fishery
resources is anticipated.

e. Where an ocean dumping permit must be granted, it must contain, as a
condition of compliance, a detailed schedule of deadlines leading to
the implementation of an alternative disposal method and the total
phase-out of ocean dumping by the earliest date feasible.

f. Both research and monitoring must be conducted at each ocean disposal
site, and must be coordinated with all other scientific programs in the
Mid-Atlantic Bight. Both studies shall continue until all disposal
activities are terminated, and until adverse impacts are dissipated or
stabilized.

(Natural Resources Article, Sections 1-101, 1-104, 1-302, 1-303, 8-208, 8-1402)

Implementation

Lead Agencies

Federal: EPA (general regulation of ocean dumping)
U.S. Corps of Engineers (regulation of,ocean disposal
of dredged material)
U.S. Coast Guard (enforcement)

- 97

State: Attorney General's office (participating agencies - Coastal
Zone Unit, Water Resources Administration, Fisheries
Administration)

Local: Ocean City

Management Procedures

Federal Agencies:

EPA regulates ocean dumping pursuant to Title 1 Section 102 of the marine
Protection, Research and Sanctuaries Act of 1972. EPA staff promulgate rules and
regulations, conduct permit hearings,develop criteria for evaluating permit
applications, issue dumping permits, assess permit violations, conduct research
and monitoring activities, and make annual status reports to Congress. The
Department of Commerce conducts research on long-range and short-term ecological
effects of ocean dumping, pursuant to Title II of the Marine Protection, Research
and Santuaries Act. The U.S. Coast Guard is responsible for surveillance and
enforcement, and provides platforms at sea for research activities. The Army Corps
of Engineers regulates the ocean disposal of dredged materials pursuant to Title I,
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972.

State Agencies:

The Marine Protection, Research and Sanctuaries Act requires EPA to consult
with interested states in considering permit applications for ocean dumping. The
Federal Administrative Procedures Act also gives Maryland standing to participate
in these proceedings.

The Maryland Attorney General's Office is the lead agency for representing
the State's interest in ocean dumping and provides legal counsel. The Coastal
Zone Unit provides technical support on the environmental impacts of ocean
dumping, and assists in the development of other types of technical information.
The Water Resources Administration and Maryland Environmental Service provide
expertise in alternative disposal methods. The Fisheries Administration pr ovides
information on offshore fisheries. Testimony given by the State at ocean dumping
hearings has urged the adoption by EPA of the above policies in the administration
of the ocean dumping provisions of the Marine Protection, Research and Sanctuaries
Act.

Local Government:

Mayor Harry Kelly of Ocean City, Maryland, has long represented the interests
of beach resort communities threatened by pollution of ocean waters,,and is well
known as an opponent of ocean dumping.

Coastal Zone Unit Role

Project Evaluation

Coastal Zone Unit staff assist in research and monitoring activities, develop
technical evidence showing the degree of impact at and near the dumpsites, assist
in demonstrating the feasibility of alternative waste disposal and utilization
techniques, and provide information and testimony at the request of the Attorney
General's Office.

- 98 -

Program Review

The Coastal Zone Unit and Attorney General's office will pursue all available
alternatives to effect a timely phase-out of all ocean dumping off Maryland's coast.
Such actions may stimulate EPA to focus additional effort toward the task of clearly
defining a national policy on ocean dumping.

AUTHORITIES RELATING TO OCEAN DUMPING

Statutory Authority Management Technique Agency

Marine Protection, Research and
Sanctuaries Act 330SC �1401 et seq.

Title I. Section 102: Federal Consistency EPA
(Planning & Regulation)

Title I. Section 103: Federal Consistency Corps of
(Planning & Regulation) Engineers

Title I. Section 107: Federal Consistency U.S. Coast
(Enforcement & Surveillance) Guard

Title II Federal Consistency Dept. of
(Research) Commerce
(NOAA)

Ocean Dumping Rules and Public Hearings, Adjudicatory State Agencies
Regulations (40 CFR 222-2@7): Hearings, Appeal to
Administrator of EPA

Administrative Procedure Act Public Hearings, Adjudicatory State Agencies
(5 USC Section 560-et seq.) Hearings, Appeals to
Administrator of EPA

General Responsibilities of the Direct State Control DNR
Department of Natural Resources
Natural Resources Article,
Sections, 1-101, 1-404

Granting of Wetlands Licenses Direct State Control DNR/BPW
Natural Resources Article,
Section 9-202

OCS OIL AND GAS EXPLORATION, PRODUCTION AND TRANSPORTATION
48 Situation

Faced with a steadily increasing demand for petroleum products and a diminishing
store of domestic oil and gas resources, the federal government initiated, in
December of 1974, an ambitious oil and gas leasing program for submerged lands
on the entire continental shelf of the United States. Previously, offshore oil
and gas development had evolved as an extention of exploration and production
activities occurring in adjacent onshore areas. In contrast, the new federal
program calls for the leasing of large expanses of submerged lands in frontier
areas -- areas where no previous leases have been sold -- including the North
Atlantic, Mid-Atlantic, South Atlantic, and areas off Alaska.

Concern has arisen because existing federal laws, rules and regulations,
and management techniques, simplify the process of moving offshore from existing
onshore production areas, and fail to address the unique problems associated with
the new development of frontier areas.

The frontier area of principal concern to Maryland is called the Baltimore
Canyon Trough. It is located due east of New Jersey and the Delmarva Peninsula.
The Baltimore Canyon Trough is a submerged geological depression extending 300 miles
parallel to the coastline from Long Island to the vicinity of Cape Hatteras.
Geophysical data indicates significant potential for the discovery of oil and gas.
In the Trough there are geological features that could provide a hydrocarbon
reservoir and trap; the actual presence of a hydrocarbon source, however, is not
certain. The U.S. Geological Survey estimates that as much as 0.4 to 2.6 billion
barrels (bbl) of crude petroleum and from 2.6 to 12.8 trillion cubic feet (tcf)
of natural gas may be discovered ultimately and produced over a 25-year period. The
possibility remains, however, that there are no recoverable hyrdocarbons in the
mid-Atlantic OCS at all.

Coastal states in frontier areas share the need for: 1) state participation
in the OCS development process, 2) availability of information to the states for
planning, and 3) adequate scientific research. Early in 1974, the State of Florida
persuaded the U.S. Department of Interior (DOI, responsible for leasing offshore
lands) to establish an OCS Advisory Board (OCSAB) composed of representatives
appointed by the governors of coastal states. The purpose of the Board was to
provide state input and information exchange. Later, a second advisory board -
Environmental Studies Advisory Committee (OCSESAC) - was created to provide DOI
with technical advice. The original OCSAB retained responsibility for policy issues.
The OCSESAC is presently being restructured. Mid-Atlantic coastal states (New York,
New Jersey, Delaware, Maryland and Virginia) have coordinated policy development
with each other, through the Mid-Atlantic Governor's Coastal Resources Council (MAGCRC).

To date, one lease sale (sale #40) has taken place in the Mid-Atlantic region --
529,466 acres were leased under the bonus bid system for $1.1 billion. Additional
sales (49 and 59) are scheduled for February 1979 and August 1981. Sale #40 had
been invalidated by the U.S.. District Court for failure to comply with the National
Environmental Policy Act, but the District Court decision was reversed on August 25,
1977 by the U.S. Court of Appeals. It is estimated that exploratory drilling on
tracts leased in Sale #40 will begin by the end of 1977.

100 -

The goal of the Mid-Atlantic states' cooperation has been to insure that
offshore exploration proceeds in an orderly fashion in accord with a national energy
policy, with provision for state involvement, with sufficient concern and safeguards
for the environmentand for the economic and social structure of the affected
coastal states.

Issues

This situation requires that the State work with other coastal states and
federal agencies to meet the following objectives of the Coastal Zone Management
Program:

(27) To ensure the-use of thorough assessments of the probable energy
benefits, the positive and negative economic effects, the probable
social and environmental impacts, and the value of the public
resources involved as the basis for decisions on the development
and production of OCS resources.

.(38) To provide adequate representation of the interests of the State o-f
Maryland in federal decisions regarding the exploration, development,
and production of Outer Continental Shelf Resources.

Investigations and regulatory actions must address the following issues:

- Level of involvement and degree of influence of the states in policy
and management decisions concerning OCS development activities.

-Availability of essential information from federal agencies and from
industry for state and local government planning for onshore and near-
shore impacts.

-Timing of the availability of the data generated by the DOI Environmental
Studies Program relative to the rest of the OCS development process, and
the mechanisms by which information generated by the Environmental Studies
Program enters the decision-making process of the Secretary of DOI.

- Design of environmental studies to meet state and local governments'
needs in planning for onshore and nearshore impacts, and the needs of
industry in planning for safety and environmental protection.

Policies

1. The State of Maryland will actively participate in 'federal governmental
proceedings concerning OCS developments to ensure that the State's interests
are adequately considered. (Natural Resources Article 1-101, 1-104)

2. Maryland supports the federal leasing initiative, while seeking safeguards
to ensure that pollution of its coast is prevented, and that onshore support
operations neither disrupt local communities nor disregard State plans, policies
and programs. Maryland seeks involvement in the administration of OCS lands to
ensure that the safest, cleanest technologies are always employed on the
Atlantic OCS. (Natural Resources Article, Sections 1-302, 1-303, 6-501 et se_q

101

3. It is the position of the State of Maryland that separate Environment Impact
Statements must be drafted on the exploration and production phases of OCS
Development in order to ensure that adequate consideration is given to all
relevant concerns,and that adequate steps have been taken to address those
concerns. (Natural Resources Article, Sections 1-104, 1-302, 1-303, 8-203,
8-1402; Proposed Amendments to the Federal OCS Lands Act of 1953)

4. Since exploration and exploitation of the mineral resources of the Outer
Continental Shelf will have significant impacts on Maryland as well as on
other affected States, and in recognition of both the State and national
interest in the effective management of the marine, coastal, and human environ-
ments, it is the policy of the State of Maryland that the following factors
be recognized in federal decisions regarding OCS exploration and development:

a. The State of Maryland may require assistance in protecting its coastal
zones and other affected areas from any temporary or permanent adverse
effects of such impacts; and,

b. The State of Maryland is entitled to participate, in order to protect its
interests, in federal policy and planning decisions relating to explora-
tion for, and development and production of, mineral resources of the
Outer Continental Shelf. (Natural Resources Article, Sections 1-104,
1-302, 1-303, 8-203, 8-1402; Proposed Amendments to the Federal OCS Lands
Act of 1953)

5. It is the policy of the Stdte of Maryland that the right and responsibility of
the State of Maryland to preserve and protect its human, marine, and coastal
environments through such means as regulation of land, air, and water uses,
through safety regulations, and through regulation of related development and
activity, be recognized in federal decisions regarding OCS developments. (Natural
Resources Article, Sections 1-104, 1-302, 1-303, 6-501 et seq., 8-203, 8-1402;
Proposed Amendments to the Federal OCS Lands Act of 1953)

6. operations in the Outer Continental Shelf must be conducted in a safe manner
by well-trained personnel using technology, precautions, and techniques
sufficient to prevent or minimize the likelihood-of blowouts, loss of well
control, fires, spillages, physical obstruction to other users of the waters
or subsoil and seabed, or other occurrences which may cause damage to the
environment or property, or which may endanger life or health. (Federal OCS
Lands Act of 1953; Natural Resources Article, Sections 1-104, 1-302, 1-303,
8-203, 8-1402)

Implementation

Lead Agencies

Federal: U.S. Department of Interior

State: Governor's office (Participating Agencies Maryland Geological
Survey, Coastal Zone Unit)

102 -

Management Procedures

Federal Agencies:

Under the OCS Lands Act of 1953, the Department of Interior is charged with
administering the mineral development of the Outer Continental Shelf. With regard
to hydrocarbons DOI: 1) selects areas for leasing; 2) supervises geological and
geophysical exploration; 3) meets environmental protection requirements of the
National Environmental Policy Act; 4) evaluates resources to determine the resource
sale price; 5) conducts competitive bidding for the resources; 6) supervises
exploratory drilling and production activities on awarded leases to assure
environmental protection; 7) supervises resource conservation and safety measures;
and monitors environmental conditions. These activities are carried on primarily
by two agencies of the Department: the Bureau of Land Management and the Geological
Survey.

State Agencies:

The leadership for OCS-related issues is provided by the Governor's Office.
A member of the Governor's staff represents the Governor on the DOI-OCS Advisory
Board, and on the Mid-Atlantic Govrnor's Coastal Resources Council. The Director
of the Maryland Geological Survey represents the Governor on the DOI-OCS Environmental
Studies Committee, and works closely with the U.S. Geological Survey. Staff support
to the Governor's Office is provided by the MGS, CZU and DSP. Staff capabilities
include technical expertise in oceanography, economics, and petroleum engineering.
Special consultation is provided by Frank Clark, the originial Chairman of the
DOI-OCS Advisory Board.

The passage of the proposed Amendments to the OCS Lands Act of 1953 will allow
the State to ensure that its interests are adequately represented in decisions
regarding the exploration and development of OCS resources.

The State presently has authority over pipelines from OCS developments once
they enter State waters. As discussed in the Section on Onshore OCS/Oil/Natural
Gas Facilities, the siting of pipelines in State waters is regulated under the
provisions of the Coastal Facilities Review Act administered by the Coastal Zone Unit.

Coastal Zone Unit Role

Project Evaluation

CZU staff attend DOI-OCS Advisory Board meetings, DOI-OCS Environmental Studies
Committee meetings, and MAGCRC meetings- CZU staff represent Maryland at OCSESAC
subcommittees to design baseline studies and to assess*modeling capabilities. CZU
has participated in the design of the Mid-Atlantic OCS baseline studies conducted
by the Virginia Institute of Marine Sciences (VIMS), and represents Maryland at
progress report meetings held at the VIMS lab. CZU staff provides economic and
oceanographic technical support to the Governor's office. Pre-leasing and post-
leasing decision points in which states may participate include:

103

pre-leasing: geology-geophysics exploration permit, area selection and
schedule preparation, call for nominations, tract selection, preparation
of stipulations, notices to lessee, final decision on sale;

post leasing: exploratory permit plan, operating orders, notices to
lessees, stipulations, EPA effluent guidelines, USGS regulations,
development plan, development phase EIS, special stipulations, pipeline
right-of-way request, DOT stipulations and regulations on pipleines.

Program Review

CZU, in cooperation with the Governor's Office, will ensure that OCS oil and
gas exploration, production, and transportation in the Mid-Atlantic proceeds in an
orderly manner with sufficient safeguards to provide protection from adverse economic,
social and environmental impacts.

AUTHORITIES RELATING TO OCS OIL AND GAS EXPLORATION, PRODUCTION AND
TRANSPORTATION

Statutory Authoritv Management Technique Agency

OCS Lands Act of 1953 Federal Consistency DOI
(43 USC 1331) (Planning & Regulation)

OCS Lands Act of 1953 Federal Consistency U.S. Coast Guard
(43 USC 1331) (Planning & Regulation)

OCS Lands Act of 1953 Federal Consistency State Agencies
(43 USC 1331) and CZM Act (State Involvement) (particularly
of 1972 DNR & DSP)

Maryland Environmental Policy Act State involvement in Federal State Agencies
(Art. NR, Section 1-301 et seq.) Proceedings; Direct State (particularly
Planning and Regulation DNR & DSP)

Coastal Facilities Review Act Direct State Planning and DNR (E&CZA)
(Art. NR, Section 8-501 et seq.) Regulation

Wetlands Law Direct State Planning and DNR (WRA)
Art. NR, Title 9 Regulation

- 104 -

I I*B.

ACTIVITIES OCCURRING
IN INTERTIDAL AREAS

-Ai

B. INTERTIDAL AREAS

Intertidal areas are transition areas between tidal waters and coastal
shorelands. Two types of use of these areas are of concern to the Coastal Zone
management Program:

1. Use of Beach Areas

2. Activities in Tidal Wetlands

105

USE UF BEACH AREAS

Situation

The only extensive beach areas in Maryland lie along its Atlantic coastline
on Fenwick and Assateague Islands. Although there are small beach areas along
the shores of the Chesapeake Bay and the tidal portions of the Potomac River and
its tributaries, only a limited number of areas are open to public use. Thus, for
all its miles of coastline, Maryland has limited beach access along its Chesapeake
Bay and Potomac River shoreline. To meet the requirements of Section 305(b)(7), a
beach has been defined as a gently sloping shore area of the Atlantic Ocean, Chesapeake
Bay or other tidal waters covered by sand or similar material, and washed by waves
or tides.

Issues

This situation necessitates that state and local governments coordinate their
activities and regulatory actions, with federal government cooperation and
consistency, to meet the following objectives of the Coastal Zone Management Program:

(5) To protect coastal terrestrial areas of significant resource
value--areas having scenic, scientific, geologic, hydrologic,
biological or ecosystem maintenance importance, such as non-tidal
wetlands, endangered species habitat, wildlife habitat, and
wintering and resting areas for migratory birds.

(8) To promote increased recreational opportunities in shoreland
areas, to promote increased public access to tidal waters, and
to assure that these occur in a manner which protects the 10
qua ity of coastal resources and which maintains public health
and safety.

State and local governmental actions relating to beach access and protection
must address the following issues:

1. Possible adverse impacts on the stability or integrity of
Assateague Island, or on the beaches and dunes of Fenwick
Island caused by the burial of sewage outfalls, pipelines,
or similar facilities.

2. The effectiveness or potentially adverse impacts of erosion
control measures on beach areas and littoral ecosystems.

- 106

3. The preemption of beach areas (ocean or bay) for present or future
recreational use by other proposed uses.

4. Increased priority to the acquisition of beach areas in State and
local outdoor recreation programs.

Policies

1. With the exception of beach erosion, sediment control, storm control, and
maintenance projects approved by both the Department of Natural Resources and
the Worcester Soil Conservation District, it is State policy to prohibit the
construction or placement of permanent structures east the dune line along
Maryland's Atlantic Coast. (Natural Resources Article, Section 8-1105.1)

2. Activities which will adversely affect the integrity and natural character of
Assateague Island will be inconsistent with the State's Coastal Zone Management
Program, and will be prohibited. (Natural Resources Article, Section 1-302,
8-1105.1, 5-201)

3. Dredging, filling, and other activities which adversely affect the integrity
of beach areas on Chesapeake Bay and its tributaries will be inconsistent with
the State's Coastal Zone Management Program, and will be prohibited. (Natural
Resources Article, Section 9-102, 9-202)

4. It is state policy to acquire additional beach areas and to provide additional
beach access on Chesapeake Bay and its tributaries as part of the State's
Outdoor Recreation Program. (Natural Resources Article, Section 5-903, Maryland
Out@loor Recreation and Open Space Plan - Action Plan III page 9)

Implementation

Lead Agencies: Department of Natural Resources,
Capital Programs Administration,
Water Resources Administration

Management Procedures

Maryland's entire 31-mile Atlantic coastline has been preserved for public
access and use. Public access to and use of the Ocean City beach area on Fenwick
Island has been protected by the Atlantic Coastal-Beach Erosion Control District
Act of 1975 which restricts construction seaward of the dune line.

Permits for beach erosion control carried out by Ocean City are subject to
annual review by the committee of representatives of the Wetlands Permit Section
of WRA, The Maryland Geological Survey, and the Shore Erosion Contral Program.
A few lots in Ocean City adjacent to the dune line have been acquired in order to
enforce the ban on construction east of the dune line. Lots are acquired only if
the land owner is deprived of all reasonable use of his land and could thus claim
that an unconstitutional taking of property without compensation had occurred.

107 -

The coastline on Assateague Island is either in Assateague State Park or
Assateague National Seashore, except for a small portion at the north end of
the Island which the federal government is acquiring. Amendments to the "Assateague
National Seashore Act" deleted plans for a road extending the length of the
Island, and authorized development of a comprehensive plan for the Seashore which
will maintian its natural character.

Along Chesapeake Bay and its tributaries there are presently nine state park
areas (St. Clements Island, Point Lookout, Calvert Cliffs, Sandy Point, Jonas Green,
Gunpowder, Elk Neck, Mattapeake, and James Island State Park) which have beaches.
There are also a few local shoreline park areas which have beaches. Efforts to
provide additional recreational opportunities in beach areas are part of the
State's overall effort to increase recreational, open space, and natural areas
statewide.

Coastal Zone Unit Role

Project Evaluation

All activities involving grading, land clearing, or other disturbances to
the Atlantic Coast Beaches will be subject to project evaluation. Proposals
involving pipeline, sewage outfalls and similar facilities will receive particular
attention, since building on beach areas is prohibited, and since other surface
activities involving shore erosion, storm control and maintenance currently undergo
a comprehensive review by an interagency group. Activities involving Assateague
National Seashore will be undertaken on a cooperative basis with the National
Park Service, since the Seashore is Federal land and is thus excluded under the
provisions of the Coastal Zone Management Act of 1972.

Activities that affect beach areas proposed for acquisition will be
evaluated for their compatibility with those areas' recreational purposes.
Activities affecting beach areas which need wetlands or Corps of Engineers permits
will be evaluated for their potential adverse effect on the stability or integrity
of the beach areas and the littoral ecosystem.

Program Review

The Coastal Zone Unit will cooperate with the Capital Programs Administration
which administers land acquisition programs for recreational, environmental, and
open space purposes, to give higher priority to the acquisition of shoreline areas.
The Coastal Unit's efforts in this regard would be bolstered if funds were made
available under Section 315(2) of the Coastal Zone Management Act as amended.

- 108

AUTHORITIES RELATING TO USE OF BEACH AREAS

Statutory Authority Controlling Mechanism Agency

Beach Erosion Control District Direct State Planning and DNR (CAP)
Act Regulation
Art. NR, Section 8-1105.1

Program Open Space Direct State Planning and DNR (CAP)
Art. NR, Section 5-906 State and/or Local
Acquisition and Development

Wetlands Law Direct State Planning and DNR (WRA)
Nat. Res. Article Regulation
Title 9

Rivers and Harbors Act State Water Quality Federal, U.S.
Section 10 Certification and Federal Army Corps of
Consistency Engineers

Federal Water Pollution
Control Act Amendments of DNR (WRA)
1972, Section 402

109

ACTIVITIES OCCURRING IN TIDAL WETLANDS

Situation

Wetlands play a key role in Maryland's estuarine environment, providing
basic nutrients in the food chain and habitat for many fish and wildlife species,
helping to protect water quality, inhibiting flooding to control shore erosion.

Prior to 1970, protection of Maryland's tidal wetlands was limited, and
controls over dredging and filling of wetlands were primarily based on con-
sideration of the effects of navigation rights rather than on ecological impact.
Inadequate protection resulted in the loss of an estimated 23,777 acres of wetland
area between 1942 and 1967. There is still considerable pressure to alter tidal
wetlands.

Issues

This situation necessitates that state and local governments coordinate their
activities and regulatory actions, with federal government cooperation and con-
sistency, toward the objective identified in the Coastal Zone Management Program:

(4) To protect, maintain, and where feasible, restore the integrity
of the State's tidal wetlands.

Investigations and regulatory procedures must consider whether or not a
proposed action:

- Actually necessitates wetlands alternation.

-Can be met through alternatives that do not involve wetlands alteration.

-Will have adverse impacts on the productivity of the wetlands; wildlife
habitat, fisheries, and shellfisheries.

-Is water-dependent.

-Creates a public benefit.

-Involves upland activities which will directly affect the productivity
and integrity of adjacent wetlands.

-Contributes to adverse cummulative effects of minor wetlands alterations.

110

Policies

General

1. All tidal wetlands are Geographic Areas of Particular Concern. (Natural
Resources Article, Section 9-102)

2. In granting, denying or limiting any wetlands permit or license, the
State shall consider the effect of the proposed work on the public health
and welfare, marine fisheries, shellfisheries, wildlife, economic benefits,
the protection of life and property from flood, hurricane and other natural
disasters, and the public policy set forth in Section 9-102 of the Natural
Resources Article to protect wetlands and prevent their despoliation and
destruction. (Natural Resources Article, Section 9-202, 9-306)

3. Dredging and filling of tidal wetlands, either state or private, is
allowed only to the extent necessary to provide reasonable riparian access,
to provide necessary shore erosion control, or to carry out necessary
water-dependent activities, the public benefit of which clearly outweighs
any harm done. All activities allowed on State or Private wetlands shall be
undertaken in such a manner as to minimize adverse environmental effects.
(Natural Resources Article, Sections 1-302, 9-102, 9-201, 9-306)

Hunting, Fishing, Trapping, Etc.

1. The dredging of seafood products by any licensed operator, harvesting of
seaweed, mosquito control and abatement as approved by the Department of
Agriculture, improvement of wildlife habitat approved by.the Department
of Natural Resources, and maintenance of drainage ditches approved by the
appropriate Soil Conservation District do not require a state wetlands
license. (Natural Resources Article, Section 9-202)

2. The following are lawful uses of private wetlands:

a. Conservation of soil, vegetation, water, fish shellfish and
wildlife.

b. Trapping, fishing, and catching shellfish if otherwise legally
permitted. (Natural Resources Article Section 9-303)

Riparian Access
The public policy of the State is to preserve wetlands and protect 40
water quality while providing for the riparian land owner's right of access
to navigable waters. Thus,

1. Whenever reasonable access can be provided directly from fast land,
creation of a channel through vegetated wetlands, filling for access,
or extending access inland with artifical channels shall be prohibited.

2. In those cases where access is to be provided to a subdivision or
other multi-home development or community, a centralized boating
access channel or pier is preferable to multiple piers or channels.
In the case of isolated single family dwellings, a pier from fast
land to open water shall normally fulfill the right of reasonable
riparian access.

3. The ownership of land bordering up on tidal waters does not carry
with it the automatic right to create channels to extend boat access.

(Natural Resources Article, Sections 1-302, 9-102, 9-202, 9-306; pending
revised DNR wetlands regulations)

Shore Erosion Control

The policy of the State is to preserve wetlands while allowing the
riparian owner to exercise his right to protect his shore against documented
erosion. (Natural Resources Article, Sections 9-102, 9-201, 9-303(4)) (See
also the Section on Activities Occurring in Areas Undergoing Significant
Shore Erosion)

Water Dependent Activities

Dredging and filling is allowed only for water-dependent activities on
State or Private wetlands, and the filling of State or private wetlands for
the purpose of creating fast land is generally considered contrary to the
public interest. Water-dependent facilities, such as boat facilities, are
those which cannot function in an area away from the shoreline. Non-water
dependent facilities include (but are not limited to) restaurants and
businesses, residences, apartments, motels, hotels, trailer parks, parking lots,
officies, spoil and dump sites, lagoons for sewage orindustrial waste,
industries and factories, storage areas for small boats, recreational areas
requiring filling above tidal level such as athletic fields, parking areas
and picnic areas. In those cases where the public interest justifies approval

- 112

of projects involving the filling of Private or State wetlands, including
those involving the creation of fast land, approval may be considered if the
following conditions are satisfied (Natural Resources Article, Sections 1-302,
1-303, 9-102, 9-202, 9-306; pending revised DNR wetlands regulations):

- The project cannot feasibly be.undertaken on an adjacent or
nearby fast land location.

- It is not feasible to provide the project's intended service
by an alternative means not involving the filling of wetlands.

- The creation of fast land shall occur only in those areas
adjoining existing fast lands.

- No ecologically productive submerged wetlands, such as finfish
and shellfish spawning and habitat areas, shall be destroyed.

- Fill utilized for the creation of fast land shall be obtained
from a land-based source and not dredged from adjacent Private
or State wetlands.

- The creation of fast land shall not obstruct navigational channels,
adversely affect the public's use of the waters of the state,
including the public's right to navigation and fisheries, significantly
affect major current patterns, or significantly alter the existing
contour of the shoreline.

- In all projects involving the filling of State wetlands, compensation
for fast land created in the public domain shall generally be provided
to the State in an amount determined by the State Board of Public
Works. (See Board of Public Works v. Larmar Corp. 262 Md. 64,
277A2d.427 (1971))

Construction and Maintenance of Drainage Ditches

Drainage ditches for mosquito control or agricultural drainage are
generally allowed if they conform to the drainage standards and specifications
of the Soil Conservation Service, if they are approved by the Department
of Agriculture, and if they are constructed to minimize adverse environmental
impacts. Construction of ditches and seeps on Private wetlands for the
purpose of allowing irrigation water to flow to fast land are permitted
if they are constructed in a minimally disruptive manner. (Natural Resources
Article, Sections 1-202(d), 9-303)

113

Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineers

State: Water Resources Administration and Board of Public Works

Participating Agencies

Federal: U.S. Fish and Wildlife
National Marine Fisheries Service
Environmental Protection Agency

State: Maryland Fisheries Administration
Maryland Wildlife Administration
Department of State Planning
other state and local agencies as relevant

Management Procedures

All activities occuring on tidal wetlands except trapping, hunting, fishing,
shellfishing, the cultivating and harvesting agricultural or horticultural
products, and minor agricultural and drainage maintenance projects, are regulated
by the state wetland permits and licenses and Water Quality Certification programs.
Each proposed activity is evaluated by the Water Resources Administration with
the assistance of relevant state agencies, for its impacts on the wetlands, water
quality, wildlife habitat, fisheries, and shelifisheries. Larger projects are
given a comprehensive review through participation of any federal, state and local
agency with a special expertise or concern. The policies noted above are the .
criteria utilized by the Wetlands Section of the Water Resources Administration in
permit decisions, and the Water Resources Administration is in the process of
formalizing them into regulations.

Whenever possible, the State's wetlands programs are coordinated with the
Corps of Engineers, Section 10 and Section 404 permit programs. To further
coordination, the Department of Natural Resources has established an agreement
with the U.S. Corps of Engineers to undertake, to the maximum extent feasible,
joint site reviews and hearings on projects falling under the jurisdiction of both
agencies. The Corps has also established general permit procedures for the use of
riprap for shore protection, the replacement of bulkheads, and the installation
of piers and mooring piles. Under these procedures, their approval will automatically
be granted if specified criteria are met and the State approves the project, except
in special circumstances.

These permit procedures greatly reduce delays in Corps approval of routine
projects, and allow special attention to be given to projects with special
circumstances. Since the State participated in developing the criteria, most
projects that meet the criteria will also receive prompt state approval, although
the State reserves the authority to disapprove projects wherever necessary.

- 114

Coastal Zone Unit Role

Project Evaluation

The existing permit program generally gives adequate protection to tidal
wetlands. In FY 1976 only 1.5 acres of vegetated wetlands and 45 acres (36 acres
dredging, 9 acres filling) of open waters were altered by projects permitted by
WRA. The Coastal Zone Unit will participate in the review of projects requiring
the dredging or filling of a 1/4 acre or more of wetland because of the signi-
ficance of their potential impacts. (See also sections on Dredging and Filling,
Recreational Boating, marinas and Activities occurring in Areas Undergoing
Significant Shore Erosion.)

Program Review

As described in Chapter IV,all tidal wetlands will be designated Geographic
Areas of Particular Concern, and will be protected by existing programs. In the
case of wetland areas which, due to their particular value, warrant special pro-
tection, designation as State Critical Areas for preservation will be souqht.
These efforts will be aided by the Tidal Wetlands Study undertaken by the
Coastal Zone Unit, which provides detailed information on wetland vegetation
types, their location, extent and value.

In addition, the Coastal Zone Unit will:

1. Cooperate with other State and federal agencies involved with review
of wetland permits to establish mutually acceptable evaluation criteria
and expeditious permit procedures.

2. Cooperate with WRA and U.S. Army Corps of Engineers on the establishment
of an information base for all projects undertaken in wetlands areas,
so that cumulative impact evaluations can be undertaken.

3. Cooperate with WRA and the U.S. Army Corps of Engineers to incorporate
consideration of cumulative and long-term impacts into the existing
permit processes.

4. Cooperate with local governments to modify, where necessary, local
planning, zoning and regulatory programs to insure consistency with
State policies.

5. Encourage, in cooperating with appropriate governmental agencies,
the use of buffer zones between upland developments and wetlands.

6. Encourage the preservation of wetlands through the use of easements
(and acquisition where appropriate).

115 -

AUTHORITIES RELATED TO TIDAL WETLANDS

Statutory Authority Management Technique Agency

Wetlands Law Direct State Planning and DNR (WRA)
Art. NR, Title 9 Regulation

Federal Water Pollution Federal Consistency Federal: U.S.
Control Act Amendments Stat'e Water Quality Army Corps of
of 1972, Section 404 Certification Engineers
Rivers and Harbors Act State: DNR (WRA)
of 1899, Section 10

116

I l*c.

ACTIVITIES OCCURRING

Aa Aft
Ab

- -------- -

Ar)
HORELAND ARE

C. SHORELAND AREAS

The land areas of greatest concern to the Coastal Zone Management Program
are the shoreland areas adjacent to tidal waters, since use of these areas
entail the greatest probability for direct and significant impacts on tidal
waters. Uses of these areas have been separated into the following categories:

1. Activities in Areas Undergoing Significant Shore Erosion

2. Activities in Coastal Tidal and Non-Tidal Flood Plains

3. Activities in Non-Tidal Wetlands

4. Use of Agricultural Lands

5. Use of Forested Lands

6. Channelization (and Small Watershed Projects)

7. Activities Associated with Provision of Sufficient Recreational,
open Space and Natural Areas

8. Activities Affecting Coastal Historical, Cultural, or Archaeological
Resources

9. Shoreland Activities Generally

117

ACTIVITIES IN AREAS UNDERGO114G SIGNIFICANT SHORE EROSION

Situation

Areas undergoing significant shore erosion make up a sizeable portion of
Maryland's Coastal Zone. Approximately 140 miles of Maryland's tidal shoreline
lose four feet or more every year. Shore erosion is a natural process which
contributes to littoral transport of material necessary to maintain beach areas.
However, use of waterfront property may be hindered by high erosion rates, and
conversely, activities on the Bay and its shoreline often aggravate shore erosion.
Sediments from shore erosion may cover valuable oyster lands and fill tidal creeks
and inlets. Inappropriate use.of shoreline areas may upset natural processes and
may even endanger human life and property.

Issues

This situation requires that State and local governments coordinate
their activities and regulatory actions, with federal government cooperation
and consistency, to meet the following objectives of the Coastal Zone Management
Program:

(10) To promote the use of shoreline setbacks and to restrict development
in high risk erosion areas in order to reduce erosion-caused danger
to life and property and to minimize the cost to the public and
private sectors.

(11) To promote the use of shore erosion control techniques where necessary,
in a manner which provides long-term protection, minimizes adverse
effects on natural systems (both biological and physical), and avoids
damage to adjacent property owners.

The planningi scientific investigations and regulatory actions undertaken
to meet shore erosion problems must address the following issues:

- Identification of high-risk erosion areas and development of
appropriate management measures for those areas.

- Effect of individual structures on wetlands, water quality, and
aquatic resources.

- Possible aggravation of shore erosion by placement of shore erosion
structures on only a portion of a beach.

- Cumulative effects of shore erosion control structures and methods
on wetlands, water quality, and aquatic resources.

- Cumulative impact of shore erosion on the sediment budget of the
entire Bay and of localized areas.

- Adequacy of shore erosion structures both cumulatively and individually.

- Possible aggravation of natural shore erosion by land-based agricultural
and conservation practices.

118

Policies

1. The Department of Natural Resources shall:

a. Develop and implement a public education program on shore and
bank erosion, its causes and effects, the locations where it is a
problem, and steps to control it.

b. Provide technical assistance to individual property owners,
municipalities, and counties having specific shore and bank erosion
problems.

C. Design, or cause to be designed, shore erosion control structures,
including vegetative cover, in shore erosion control districts, and
on state-owned lands, and supervise design and erection of shore
protective devices financed by the State Erosion Control Construction
Loan Fund. (Natural Resources Article, Section 8-1002)

2. Financial assistance for shore erosion control projects from the Shore
Erosion Construction Loan Fund will be based on the following factors:
(1) the cost of the project, (2) the threat to existing structures from
shore erosion, (3) the severity of the erosion, (4) the number of property
owners affected by the erosion, (5) and the length of the eroding shoreline.
In general, financial assistance will be available only in cases where
existing structures are endangered by severe erosion problems. (Natural
Resources Article, Section 8-1003 and 8-1004)

3. Because of their possible detrimental effect, shoreline protective structures
shall not be approved or recommended for approval in the following cases,
unless there is no alternative means to achieve a necessary public benefit,
the need for which significantly outweighs the potential harm of the proposed
project:

a. Where marshland will be filled or otherwise destroyed.

b. Where surface drainage channels will be filled or occluded.

c. Where navigation will be adversely affected.

d. Where unique or rare and endangered flora or fauna will be affected.

e. Where important historical or archeological sites will be adversely
affected.

f. Where oyster bars or clam beds in adjacent open waters will be affected.
(Natural Resources Article, Sections 1-302, 9-102, and 9-306, pending
revised wetlands regulations)

119 -

4. Shore erosion control measures shall be undertaken in a manner that has the
minimum adverse effect upon the ecological, economic, hydrological, aesthetic,
historical, and recreational values in the area. (Natural Resources Article,
Sections 1-302, 9-102, 9-202, and 9-306)

5. Where site conditions permit, the use of a sloping bank stabilized with
vegetation, with or without riprap, is encouraged as an economical solution
which preserves the natural conditions. (Natural Resources Article, Sections
8-1002 and 9-306)

6. The construction of bulkheads or other shore protection measures shall include
only filling necessary to ensure the effectiveness of the structure, and shall
be located at the mean high water line, or not further channelward than needed
for proper tie-back emplacement, or in cases of a steep bank or cliff, no
further channelward than needed to obtain a stable slope. (Natural Resources
Article, Sections 9-202 and 9-306)

7. Where shore protection is needed and marsh exists in front of an applicant's
land, it shall be provided by a structure placed behind the marsh or by a
low-level riprap or similar structure placed at the seaward edge of the
marsh, so that normal tidal flow into the marsh will be maintained. (Natural
Resources Article, Sections 1-302, 9-120, and 9-306; pending revised Wetlands
regulations)

8. Permits or licenses shall not be granted for protective structures or filling
unless adequate provision is made for drainage from inland areas. The
construction of bulkheads and other protective structures shall involve
only such filling as is necessary for the effective operation of the shore
protection work, and shall not be used for the creation of fast land from
wetlands unless: 1) the proposed activity is water-dependent, and 2) the
filling complies with other wetland policies (see Activities occurring in
Tidal Wetlands). (Natural Resources Article, Sections 9-102, 9-202, and
9-306)

9. Dredging for fill for the efficient operation of shore erosion control work
shall be allowed only where 1) access to deposit land source material.is not
feasible or costs are excessive, and 2) the project is determined not to
have an extended or permanently adverse environmental impact. Dredging seaward
of an existing bulkhead will alter the graduated bottom depth that helps
dissipate wave energy. If dredging is used for fill, adequate compensation
may be required by the state for this material. Examples of cases where
dredging to obtain backfill material may be permitted are:

a. Where a steep bank or cliff exists and the nearshore water depths are
shallow, so that trucking-in or barging-in fill material is not feasible.

b. Where large trees or buildings prevent trucking-in fill material.

In both situations, however, if grading is to be done, trucking-in fill
material usually becomes feasible. The fact that dredged material may be
less expensive than trucked-in fill is not a justification for dredging.
(Natural Resources Article, Sections 1-302, 9-202, and 9-306; pending
revised Wetlands regulations; Board of Public Works vs. Lamar Corp.,
277A2d427, 202 Md. (1971))

- 120

10. Shore protection measures must satisfy the following criteria regarding
quality and performance:

a. No material that contains or will create pollutants shall be used in
shore erosion control.

b. Junk metal, tires, tree stumps or other such material that is not
part of an approved interlocking structure shall not be used in
any shore protection measures.

C. If jetties or groins are used, they must be designed at a minimum
length and height to serve the purpose intended, and must be placed
only in locations not harmful to-navigation or to nearby land. Such
work shall be approved only if it does not interfere with public
access, create adverse sand transport patterns or adversely disturb
the aquatic ecosystem. (Natural Resources Article, Sections 1-303,
8-1402, 9-102, and 9-103 pending revised Wetland regulations)

11. In the development of comprehensive plans, zoning ordinances, subdivision
regulations and other plans and regulations regarding shoreline areas,
future development should be directed away from high risk erosion areas,
and consideration should be given to reserving such areas for open space
purposes through acquisition and other measures. In addition, a setback
consisting of a natural buffer shall be required in such areas. The width
of these buffers shall be based upon the erosion rate, the anticipated
useful life of shoreline buildings, and the geologic, hydrologic, topographic
and climatic characteristics of the areas in which they are located.
(Natural Resources Article, Sections 1-302, 1-303, 8-1002, 8-9AO2, HUD
Flood Insurance Program Regulations, Section 1910.5)

Implementation

Lead Agencies

1. Technical and Financial Assistance

State: Shore Erosion Control Section - Capital Programs
Administration (Participating agencies: Maryland
Geological Survey, Water Resources Administration)

Local: Planning offices may be involved in large projects
or projects involving public land. Also, Shore
Erosion Control Districts may be formed within a
county by adjacent land owners with county consent.

121

2. Regulation of Shore Erosion Control Measures

Federal: U.S. Army Corps of Engineers (Participating agencies: Fish
and Wildlife Service, National Marine Fishery Service,
Environmental Protection Agency); HUD Flood Insurance Program

State: Water Resources Administration (Participating agencies: Shore
Erosion Control Section, Maryland Geological Survey)

Local: Local governments may nominate areas with shore erosion
problems to be designated State Critical Areas)

Management Procedures

1. Technical and Financial Assistance - The Shore Erosion Loan Fund,
administered by the Shore Erosion Control Section of the Capital Programs
Administration (Department of Natural Resources) provides no-interest or
low-interest loans to community or private property owners in need of shore
protection. The fund is maintained by annual appropriations of approximately
one million dollars by the General Assembly, and by repayment of loans through
a special real estate tax levied by the State on private property benefitting from
shore erosion control projects. The fund establishes priorities based on the
rate of erosion, proximity of a structure to the eroding shoreline, the length
of the eroding shoreline, and the number of property owners affected by the
erosion. At the present level of funding, loans are generally given only in
cases in which existing buildings are threatened by shore erosion. The fund
designs and oversees construction and maintenance of the projects it finances.
Perhaps more important, any property owner can obtain technical assistance
from the program on the most appropriate method of protecting his property from
shore erosion.

.2. Regulation of Shore Erosion Control Measures - All shore erosion
structures are regulated by Corps of Engineers Section 10 permits and State
Wetlands licenses or permits. These agencies review the proposed structures
for effects on wetlands, water quality, and aquatic life, adjacent property,
and navigation.

Under State law, property owners may undertake measures to protect their
land from shore erosion and to reclaim fastland that they can prove has been
lost because of shore erosion since 1972. This right will be recognized in the
administration of the above policies regarding the location and construction of
shore erosion control measures. Those policies are the criteria presently
utilized by the Wetlands Section of the Water Resources Administration in permit
decisions on applications for shore erosion control measures. The Water Resources
Administration is formalizing them into regulations.

3. Regulation of Activities Ocurring in Areas Undergoing Significant Shore
Erosion - The Water Resources Administration is responsible for state assistance
and oversight of local government efforts to meet the requirements of the HUD
Flood Insurance Program.

122

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit will review all developments proposed for shoreline
areas which have an erosion rate of 4 ft/yr or greater, to insure that the
erosion hazard has been met adequately by use of a setback or other shore erosion
control method.

Program Review

Technical Assistance:

The Coastal Zone Unit will assist ongoing efforts to provide technical
assistance to communities and private property owners. One such effort has been
the development of a manual on shore erosion measures, produced cooperatively by
the Coastal Zone Unit, other units of the Department of Natural Resources, the
U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the Chesapeake
Research Consortium.

Regulation of Activities occurring in Areas Undergoing Significant Shore Erosion:

The Department of Housing and Urban Development (HUD) Flood Insurance
regulations require coastal communities to initiate shoreline setback regulations
or to undertake other appropriate shore erosion measures to minimize the danger
to human life and property from shore erosion. The Coastal Zone Unit will work
with local communities and with the Water Resources Administration (the State
agency responsible for administration of the flood insurance program) to develop
management programs that will meet the HUD requirements. The CZM unit will also
assist local governments who wish to strengthen management efforts in areas sufferin
from severe erosion, by requesting they be designated State Critical Areas and
Geographic Areas of Particular Concern.

Research on Shore Erosion Problemst

Several of the projects that have been undertaken by the Coastal Zone Unit
will provide baseline information needed to address shore erosion concerns. The
mapping of historic shore erosion data and shore erosion structures on U.S.C.S.
7-@" quad scale maps, along with the tabulating of data by county and water body,
provides a regional perspective of the problems of shore erosion protection.
Aspects of the Chesapeake Bay Earth Science Study regarding development of a
sediment budget of the Bay should indicate where shore erosion causes major
sedimentation problems.

In addition, the Maryland Geological Survey has for a number of years taken
detailed shore erosion measurements at points throughout the coastal zone, to
obtain information on yearly variations of shore erosion correlated with storms
and other events that may contribute to shore erosion.

123 -

This information can be used to identify areas having significant shore
erosion problems. Additional information on such areas can be obtained from
the U.S. Army Corps of Engineers (Chesapeake Bay Study - Future Conditions Report).

These sources of information can serve as a base for research projects
to determine accurately the effectiveness and impact of shore erosion protection
(structural and non-structural) in different areas along Maryland's coastline.
Funding is presently being sought from the Environmental Protection Agency's
Chesapeake Bay Research Program to undertake further research.

AUTHORITIES RELATING TO ACTIVITIES IN AREAS
UNDERGOING SIGNIFICANT SHORE EROSION

Statutory Authority Controlling Mechanism Agency

Wetlands Law Direct State Planning and DNR (WRA)
Art. NR, Title 9 Regulation

Rivers and Harbors Act Federal Consistency/State Federal: U.S.
of 1899, Section 10 Water Quality Certification Corps of
Engineers
State: DNR (WRA)

Shore Erosion Control Program Direct State Planning and DNR (CAP)
Art. NR, Sections 8-1101 Funding
et seq-

HUD Flood Insurance Local Implementation with DNR (WRA)
Program State Overview

124

ACTIVITIES IN COASTAL TIDAL AND NON-TIDAL FLOOD PLAINS

Situation

The danger to life and property associated with flooding in Maryland's
coastal counties is a major concern to Maryland's Coastal Zone Management
Program. millions of dollars of damage to public and private property was
caused on Maryland's oceanfront by a major storm on Easter 1962. Tropical
storm Agnes in 1972 killed 17 people, and inflicted more than $110 million
worth of damage on land and $134 million damage to fishing and related
industries on Chesapeake Bay. Hurricane Hazel in 1954 and a similar but more
severe storm in 1933 inflicted major damage on Maryland's coastal areas including
tidal flood plains on the Eastern Shore.

The impact of such storms is magnified by building on and development
of floodplains, which increases the magnitude and frequency of serious flooding
problems. Such development may also adversely effect valuable biological
resources found in flood plain areas.

Issues

This situation necessitates that state and local governments coordinate
their activities and regulatory actions, with federal cooperation and
consistency, to meet the following objectives of the Coastal Zone Management
Program:

(9) To give priority to non-structural management techniques for
controllingtidal and riverine flood hazards, including the
use of flood plains for open space uses such as agriculture,
forestry and recreation, in order to lessen the danger to life
and property, and to minimize adverse effects on biological
resources and water cLuality.

Planning and regulatory procedures, including necessary inventories and
analyses,must determine whether a proposed project will:

- Take place in a tidal or non-tidal flood plain.

-Cause increased flooding upstream or downstream.

-Create or aggravate danger to life or property.

-Cause adverse impacts on water quality.

-Cause adverse impacts on the biological resources of coastal tidal
and non-tidal flood plains.

125

Policies

1. Projects in coastal tidal and non-tidal flood plains which would create
additional flooding upstream or downstream, or which would have an adverse
impact upon water quality or other environmental factors, are contrary to
state policy. (Natural Resources Article, Sections 1-302, 1-303, 8-9AO2;
pending revised watershed permit regulations)

2. The alteration of the cross-section of any non-tidal stream or body of
water, including the 100-year flood plain, is in general, contrary to
state policy. (Natural Resources Article, Section 8-801, 8-803; pending
revised watershed permit regulations)

3. In general, no construction of residential, industrial, commercial buildings
or other structures shall not be permitted within the 100-year flood plain
of any non-tidal stream of body of water. (Natural Resources Article, Section
8-801, 8-803; pending revised watershed permit regulations)

4. Before construction of any project planned or financed by the State, the
Department of Natural Resources shall determine whether the project creates
surface water runoff which may cause or add to flooding hazards on-site or
downstream. Department of Natural Resources will take into consideration
natural conditions, existing storm drainage, future development of the watershed
and flood control structures.

If the Department determines that any flooding hazard will be created by
a project, and that the hazard cannot be eliminated by natural features,
the Department shall require storm water management and/or retention measures
to be included in the project.

Such projects shall also meet the requirements of the Flood Control
Watershed Management Act. (Natural Resources Article, Section 8-9HOl et seq.
8-90S, 8-9AO6)

5. Dredging channels,is generally the least preferable means of accomplishing
stormwater and flood control management. (Natural Resources Article, Section
1-302, 1-303, 8-801, 8-303, 8-1101; Maryland Interim Watershed Management
Policy Nov. 1977)

6. In the development and implementation of flood plain management programs,
including the adoption of rules and regulations by local governments to
meeting the requirements of HUD flood insurance regulations and the Flood
Control Watershed Management Act of 1976 (Section 8-9AO1 et seq.), all new
or expanded developments (residential, commercial, and industrial) in a
100-year tidal flood plain shall be restricted to minimize danger to life and
property, to prevent increased flooding, and to insure against adverse effects
on water quality biological resources, or other environmental factors. Decisions
regarding whether an activity will be. allowed in the 100-year tidal flood
plain will be based on the following factors:

- 126

a. The availability of alternate locations for the activity.

b. The permanence of the activity.

C. The effect of the activity on planned development of the area adjacent
to it.

d. Whether good husbandry practices common to normal and efficient
agricultural production will be followed.

e. Whether adequate drainage will be provided

f. Whether support systems for the activity,such as water and sewerage
facilities, road, and other utilities, will be adequately flood-proofed.

g. Whether the activity will increase the surface water elevation of the
100-year flood event.

h. Whether all permanent structures associated with the activity will be
flood-proofed to withstand a 100-year flood.

i. Other relevant factors.

(Natural Resources Article, Sections 8-9AO2, 8-9AO5)

6. The Department of Natural Resources and local units of government shall
coordinate activities undertaken to meet the provisions of Flood Control/
Watershed Management Act (Natural Resources Article, Section 8-9A01 et seq.)
with those undertaken to meet the requirements of all related programs
including the national flood insurance program, the sediment control program,
and the State water pollution control and abatement programs. (Natural
Resources Article, Section 8-9A05)

7. The Department of Natural Resources shall provide technical assistance to
subdivisions in the interpretation of flood information and the drafting
of local regulatory measures for flood control and watershed management.
(Natural Resources Article, Section 8-9AO4)

ImplementatiOD

Lead Agencies: Water Resources Administration and Local Governments

Management Procedures

There are four programs in the State that delineate coastal tidal and
non-tidal flood plains and regulate activities occurring in them: the Federal
HUD Flood Insurance Program, the State Watershed Permit Program (construction
or objection of the 100-year riverine flood plain), Flood Control Measures in
the State Construction Projects Act, and the Flood Control and Watershed Management
Act of 1976.

127

The Water Resources Administration of the Department of Natural Resources
helps local governments meet the requirements of the federal HUD Flood
Insurance Program, which requires local governments to enforce regulations on
flood plain development in exchange for guaranteeing flood insurance to
communities meeting the program's requirements.

The Water Resources Administration also administers a permit program for
all projects proposed in the 100-year riverine flood plain. No project is allowed
which would create additional flooding upstream or downstream, or which would have
an advere impact on water quality. Moreover, it is stated in the program's
regulations that the filling or reduction of flood plains or cross sections of
non-tidal streams and surface water is considered to be generally against the
State's interest. The regulations require that all permit applications for such
operations must be accompanied by a hydraulic calculation of the effects of such
a reduction or filling, as well as the expected benefits. The regulations for
this permit program, called the watershed permits program, are being revised to
document explicitly the criteria for permit decisions. These criteria are
reflected in the policies noted above.

in addition, in accordance with the Flood Control Measures in State
Construction Projects Act of 1976, the Water Resources Administration reviews
all projects constructed or financed by the State, to insure that they create
no surface water run-off which may cause or add to on-site or downstream flooding
hazards.

Finally, the Flood Control Watershed Management Act of 1976 establishes a
program of comprehensive management of 100-year tidal and non-tidal plains, for
the purposes of "preventing and alleviating flood threats to life and health,
reducing private and public economic losses, and to the extent possible, pre-
serving of the biological values associated with their land and water resources".
Areas of flood-hazard concern will be defined by the Department of Natural
Resources. Rules and regulations on activities within such areas are to be
adopted by local governments, based on the recommendation of the Department and
subject to its approval in the case of interjurisdictional watersheds.
Implementation of this Act will be coordinated with implementation of the HUD
Flood Insurance Act and other related programs to avoid duplication of effort
and to ensure compatability between the two programs.

In delineation of the 100-year flood plains, priority has been given to
riverine flood plains where the danger from flooding is greater than in other
areas. Increased attention is now being given to coastal flood plains.

Coastal Zone Unit Role

Project Evaluation

The existing procedure for permit reviews adequately addresses the first
four issues. Thus, the Coastal Zone Unit's involvement in review of projects
applying for watershed permits will be directed to ensuring that sufficient
consideration is given to protection of the biological values of flood plains.
The Coastal Zone Unit will be notified of all projects requiring watershed
management permits which involve landscaping or filling of more than 1 acre, or
which require any construction in the flood plain.

128

Program Review Procedure

The Coastal Zone Unit will assist the Water Resources Administration and
local governments in carrying out the provisions of the Flood Control and
Watershed Management Act of 1976, by providing assistance in the delineation
of coastal flood plains, the identification of biological values in coastal
flood plains, and the development of rules and regulations to meet the Act's
requirements. Two pilot projects are underway which can be models for similar
projects in other coastal areas. A cooperative effort is underway among the
Coastal Zone Unit, the Water Resources Administration, Dorchester County, and
the HUD Flood Insurance Program to delineate Dorchester County's coastal flood
plain and to develop regulations for activities on it. This cooperative method
and its results should be applicable to other counties, particularly low-lying
Eastern Shore Counties. A second pilot project is a cooperative effort among
the Coastal Zone Unit, the Water Resources Administration, and Wicomico County,
to develop a watershed management program on Wicomico River tributaries which
meet the requirements of the Coastal Zone Management Act, the Flood Control-
Watershed Management Act of 1976, and the 208 Water Quality Program. It is
expected that the technical approach and management methods developed will be
applicable to other low-lying watersheds on the Eastern Shore, where watershed
management concerns other than flooding per se are dominant.

AUTHORITIES RELATING TO COASTAL TIDAL AND NON-TIDAL FLOOD PLAINS

Statutory Authority Management Techniques Agency

Construction in or obstruction Direct State Planning and DNR (WRA)
of free flowing rivers and Regulation
non-tidal waters including
the 100-year flood plain
Art. NR, Section 8-803

Flood Control and Watershed State Standards for Local DNR (WRA)
Management Act of 1976 Implementation
Art. NR, Section 8-9AO1 et seq.

Flood Control Measures in State Direct State Planning and DNR (WRA)
Construction Projects Regulation
Art. NR, Section 8-905

Federal Flood Insurance Program Federal Consistency Federal: U.S.
Dept. of
Housing and
urban Develop-
ment
State; DNR (WRA)

129

ACTIVITIES IN NON-TIDAL WETLANDS

Situation

Non-tidal wetlands play an integral role in coastal ecosystems, providing
valuable wildlife habitat and food, particularly to waterfowl and fur-bearing
animals. Many types of rare or unique plant species are found in these wetlands.
They also play an important hydrologic role as buffers, by moderating the
effects of storm water run-off, by providing aquifer recharge areas, and by
filtering out sediments and pollutants contained in these waters.

Because of their natural value, non-tidal wetlands are of significant
concern to coastal zone management. Drainage projects for increased agricultural
production, filling for creation of construction sites for residences and
other urban projects, filling for road, bridge, or utility crossings, and upland
projects which modify the volume, velocity and quality of runoff, are all
examples of alterations; which may destroy the natural value of non-tidal wetlands.

All non-tidal wetlands are presently under federal (Army Corps of Engineers)
or State (Water Resources Administration) jurisdiction. Regulations alone,
however, fall short of a comprehensive management program preserving the
integrity of these areas, and more information is needed to establish this more
comprehensive program.

Wetland areas that are within the 100-year flood plains of rivers are
regulated both by the state watershed permit and by the U.S. Army Corps of
Engineers Section 10/404 permit systems. General permits have been issued by
the Corps of Engineers for use of wetlands above the "headwaters" of a stream
(the point where the median flow is less than five cubic feet/sec). Projects
involving the filling of the uphill fringe of the flood plains of streams that
drain less than 400 acres are exempt from state watershed permits. Wetlands
associated with water bodies of less than ten acres, which are not part of a
tributary system, are also subject only to the requirements of the .Corps of
Engineers' general permits. It is not known whether these areas not subject to
individual permit requirements constitute a significant portion of the state's
non-tidal wetlands, and thus it is not known whether they play an important
ecosystem role.

An inventory of information, on location, size, vegetation types, and
wildlife habitat values is not generally available to permit administrators
in areas that are subject to individual permit requirements. Similarly, this
information is not available for use by local governments in their programs of
watershed management and flood control planning. Lack of inventories and maps
may lead to confusion among land owners, administrators, and enforcement
officers regarding where permits are actually required. However, the U.S. Army
Corps of Engineers is initiating an effort'to delineate the areas under their
authority beginning on the Eastern Shore.

-130

Issues

This situation necessitates that state and local governments coordinate
their activities and regulatory actions, with federal government cooperation
and consistency, toward the following goals and objectives of the Coastal Zone
Management Program:

(5) To protect coastal terrestrial areas of significant resource
value -- areas having scenic, scientific, geologic, hydrologic,
biological or ecosystem maintenance importance, such as endangered
species habitat, significant wildlife habitat, and wintering and
resting areas for migratory birds.

(9) To give priority to non-structural management techniques for
controlling tidal and riverine flood hazards, including the use
of flood plains for open space uses such as agriculture, forestry
and recreation, in order to lessen the danger to life and property,
and to minimize adverse effects on biological resources and water
quality.

(23) To promote the maintenance of natural buffers along, and natural
drainage ways feeding to, coastal tributaries and estuarine waters,
to minimize adverse environmental effects of coastal developments
and activities.

Investigations and regulatory procedures must consider whether or not a
proposed action:

- Involves an area that is of significant value for general wildlife
habitat, food chain production, nesting, spawning, rearing, or resting
sites for aquatic and land species (particularly for migratory birds,
anadromous fish, and endangered species).

- Adversely affects such an area in any way.

- Destroys or degrades the hydrologic role of a wetland area mitigating
flood and storm water impacts, maintaining the integrity of other
wetlands in the watershed, or serving as a recharge area.

- Can feasibly and practically be undertaken elsewhere, in a non-wetland
area.

- Is designed to prevent avoidable destruction of wetlands and to minimize
unavoidable destruction.

- Involves hazardous or toxic wastes or fill mate@ial.

- Contributes significantly to a public benefit (such as maintenance of
a strong agricultural community, or provision of necessary pipeline
and public utility corridors)

131

Policies

1. The alteration of the cross section of any non-tidal stream or body of
water, including the 100-year flood plain is, in general, contrary to state
policy. (Natural Resources Article, Section 8-801, B-803; pending revised
DNR watershed permit regulations)

2. It is in the public interest to preserve the biological values of the land
and water resources of the 100-year flood plain. (Natural Resources Article,
Section 8-801, 8-9AO2)

3. As part of the State flood management program, the Department of Natural
Resources and local governments shall undertake cooperative efforts to
provide for comprehensive watershed management and for the biological and
environmental quality of the watersheds of the State. (Natural Resources
Article, Sections 8-801 and 8-9AO2)

4. The Department of Natural Resources is responsible for the conservation and
management of the state's wildlife, wildlife resources, fish, fish resources,
and aquatic life including (1) the acquisition of areas as wildlife management
areas, wildlife refuges, and fish refuges that are necessary to protect,
propagate or manage fish or wildlife, (2) the aquisition of non-tidal
wetland areas which warrant preservation, (3) the undertaking of fish
restoration projects in accordance with PL81-681 (The Dingell-Johnson Act)
and wildlife restoration projects in accordance with PL75-415 (The Pittman-
Robertson Act); and (4) the undertaking, in conjunction with other state
agencies, of programs necessary for the conservation and protection of non-
game threatened or endangered wildlife, plants, and fish, including the
acquisition of land or aquatic habitat or interests therein. (Natural
Resources Article, Sections 1-302, 1-303, 4-202, 4-405, 4-406, 4-2AO6,
5-207, 5-801, 5-805, 5-902, 10-202, 10-208, 10-209, 10-801, 10-805, 10-2AO6)

5. The filling and dredging of non-tidal wetland areas of biological and/or
hydrological value within the 100-year flood plain will not be permitted,
unless no feasible alternative for accomplishing a necessary public.good
exists and measures are taken to minimize adverse environmental impacts.
(Natural Resources Article, Section 1-302, 1-303 8-801, and 8-803; pending
revised watershed permit regulations)

6. All biologically and hydrologically significant non-tidal wetland areas
should be given high priority for designation as Areas of Critical State
Concern for conservation or preservation. (Natural Resources Article,
Sections 1-302 and 1-303; Article 88C Section 2(b)(3))

7. Dredging channels is generally the least preferable means of accomplishing
storm water and flood control management. (Natural Resources Article,
Sections 1-302, 1-303, 8-801, B-803, and 8-1101; Maryland Interim Watershed
Management Policy, Nov. 1977)

- 132

8. Agricltural drainage shall be permitted only to the extent it provides
substantial agricultural benefits, and shall be carried out in ways which
minimize environmental damage. Each project must meet the following
requirements:

- There must be a demonstrated need for the project.

- The lower end of the system must be as far upstream as possible..

- Good conservation practices must be used during construction.

- Sediment transport must be minimized through sound conservation practices.

- Construction must not occur during spawning time.

- Provisions must be made for continued maintenance.

- Environmental impacts must be considered.

(Natural Resources Article, Sections 1-302, 1-303, 8-801, 8-803, 8-1402
8-1405; Maryland Interim Watershed Management Policy, Nov. 1977)

The following policies guide the administration of U.S. Army Corps of
Engineers Section 10/404 permit program and further define what activities
are appropriate for non-tidal wetland areas in Maryland.

9. Proposed activities and development involving the discharge of dredged or
fill material in or affecting the nation's waters and wetlands shall:

a. Involve the minimum possible amount of discharge into wetlands or the
waters of the United States with any amount of discharge avoided
wherever possible.

b. Avoid preventable significant damage to fish, wildlife and/or other
environmental resources.

C. Avoid jeopardizing the continued existence of threatened or endangered
species, or destroying or modifying the habitat of those species
determined to be critical in accordance with the federal Endangered
Species Act.

d. Avoid disruptions of fish spawning and nursery areas. Dredging and
disposal operations should be scheduled to avoid interference with fish
spawning cycles and to minimize interference with migration patterns and
routes.

- 133 -

e. Avoid restricting or impeding the movement of aquatic species indigenous
to the waters, hampering the passage of normal or expected high flows,
or causing the relocation of the waters (unless the primary purpose of
the fill is to impound waters). If the discharge creates an impoundment
water, adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow must be minimized.
Discharges into breeding and nesting areas for migratory waterfowl must
be avoided.

f. Avoid (individually or cumulatively with other developments on a water-
way or group of related waterways) unnecessarily destroying, damaging,
or degrading fish, wildlife, naturally functioning aquatic and wetland
ecosystems and/or the dependent human satisfaction,

((40 CFR 230.5(b)) 40 FR 41295-6 September 5, 1975; 40 FR 55813-17
December 1, 1975; (33 CFR 323.4(b)) 42 FR 37146 July 14, 1977)

Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineers (Participating Agencies: EPA,
U.S. Fish and Wildlife Service, National Marine Fisheries
Service)

State: WRA (Participating Agencies: Wildlife and Fisheries Administrations)

Management Procedures

Regulation of construction within non-tidal wetlands fall under the
jurisdiction of the U.S. Army Corps of Engineers and the Water Resources
Administration. Non-tidal wetlands in Maryland are under the jurisdiction of
the Corps of Engineers' federal permit systems governing the discharge of
dredged and fill material pursuant to Section 404 of the Federal Water Pollution
Control Act Amendments of 1972. From a national perspective, the degradation
or destruction of aquatic resources by filling operations is considered the most
severe adverse environmental impact of activities subject to permit by Section 404.
The Corps of Engineers and the federal agencies involved in review of 404 permits
have developed complete regulations in the issuance and review of permits (40 FR
55810, December 1, 1975; 40 CFR 231, 40 FR 41292, September 5, 1975; 33 CFR
323, 42 FR 37144, July 19, 1977).

While all wetlands fall within the Section 404 permit system, the Corps of
Engineers has issued a nationwide permit for projects in wetlands that are
associated with streams above the headwaters (i.e., above that point where the
average flow is less than five cubic feet per second), and for those projects
associated with bodies of water of ten acres surface area or less. In
Maryland, the point where the average flow is less than five cubic feet per
second has been determined to be equivalent to the point at which the stream's
drainage area is less than 5 sq. miles. under this nationwide permit, projects
must meet the following criteria:

134

1. No discharge of dredged or fill material will destroy a threatened
or endangered species as identified under the Endangered Species Act,
or endanger the critical habitat of such species.

2. All discharge will consist of suitable material free from toxic
pollutants in other than trace quantities.

3. The fill created by the discharge will be properly maintained to
prevent erosion and other non-point sources of pollution.

4. The discharge will not occur in a componentofthe National Wild
and Scenic Rivers System, or in a component of the Maryland Scenic
Rivers System.

Individual permits can be required in these areas presently subject to
general permit, upon the request of the Administrator of EPA.

The Corps may also issue general permits for minor and temporary work
including the following activities:

Dredged or fill material placed as backfill or bedding for utility
line crossings (provided there is no change in construction bottom
contours).

The repair, rehabilitation, or replacement of any previously authorized,
currently serviceable fill, or of any currently serviceable fill
discharged prior to the requirement for authorization.

Such work must not be located near a public water supply intake or
occur in a shellfish area, or disrupt the movement of indigenous species
of aquatic life.

All other activities involving fill will be subject to individual permit from
the Corps of Engineers with review by the U.S. Fish and Widllife Service and
the Environmental Protection Agency. A water quality certification from the
State will also be necessary, whose review procedure will be essentially the
same as that associated with Corps permits for tidal wetlands (see the Section
Activities Occurring in Tidal Wetlands)

Permits are required from the State Water Resources Administration for any
work which alters the cross section of any non-tidal stream or other body of
water. one purpose for this permit is to prevent alterations of flood plains
from increasing flood hazards upstream or downstream. The permit process
does, in addition, provide the opportunity to review proposed projects for
impacts in water quality, wildlife habitat, and other biological resources.
Non-tidal wetlands not associated with riverine flood plains are not covered
by this permit system.

135

Activities not requiring permits include the following.

1. Agricultural drainage systems with limited drainage areas.

2. Placement of land fill along the uphill fringe of flood plains of
small non-tidal streams with drainage areas of less than 400 acres,
provided that adequate measures are taken to avoid adverse impacts on
water quality.

3. Storm drainage systems draining less than 400 acres, built by or
under permit from a county or city which drain small areas.

other agencies of DNR and of other departments may participate in the review
of these permits. The Wildlife Adminstration and the Fisheries Administration
are routinely involved.

As noted in the section on Activities in Tidal and Non-Tidal Flood Plains,
the requlations for this permit program are being revised to document explicitly
the criteria used to make permit decisions. These criteria are reflected in the
policies noted above.

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit will be involved in the regulatory process for
activities involving alteration of non-tidal wetlands (in accordance with the
project evaluation procedures described in Chapter I in the case of all projects
in areas of value identified in the Upland Natural Areas Study, or projects in
which more than @ acre of land is proposed for alteration. Proposed projects will
be reviewed for possible conflicts with the Coastal Zone Management Program,
particularly for possible adverse impacts on areas of high biological values.
CZU will provide data'on the impact to biological resources of proposed activities,
and will place the value of particular non-tidal wetlands in a statewide
perspective. Whenever it appears that substantial impact to any significant
non-tidal wetlands area may occur, a,full project evaluation will be undertaken
to make recommendations to the Secretary of Natural Resources on appropriate
State action and on the federal consistency decision on Section 404 permits
involved. Projects involving less than 1/4 acre are considered not likely to
have significant impacts by themselves unless they involve substantial permanent
alternation or other special consequences.

Program Review

Cumulative Impact:

CZU, in conjunction with the Corps of Engineers and the Water Resources
Administration, will ensure that all permit data is entered into appropriate data
systems (such as the RAMS data base and the WRA Query system) and made available
to CZU. CZU will initiate studies to determine the rate at which non-tidal wetlands
are lost, and the impact of various developmental activities on the viability of
these areas. The results of such studies will indicate whether modifications
are needed for existing regulation programs to adequately protect non-tidal wetlands.

136 -

State Critical Areas:

Areas of significant resource value will be identified and suggested to
counties as state critical areas for conservation or preservation,

Data Base:

CZU will assemble all information presently available on non-tidal wetlands
in Maryland's coastal zone and provide it to all permit administrators. In
addition, CZU will work with other governmental agencies to acquire additional
information needed on the nature, location, and extent of non-tidal wetlands in
Maryland.

Permit Coordination:

In cooperation with the Water Resources Administration, State regulatory
mechanisms will be examined and revised where necessary to enable the state to
accept delegation of the Corps of Engineers permit responsibility, if appropriate
changes are made in federal law and regulations. In lieu of delegation,
refinement of existing Memoranda of Agreement with the U.S. Army Corps of
Engineers will be undertaken to insure close coordination of State and Federal
efforts regarding non-tidal wetlands.

AUTHORITIES RELATING TO NON-TIDAL WETLANDS

Statutory Authority Management Technique Agency

State Critical Areas Program State Standards for Local DSP
Art. 88C, Section 2(b)(3) Implementation

Construction in or obstrucrion Direct State Planning and DNR (WRA)
of free-flowing rivers on non- Regulation
tidal waters including the 100-
year flood plain
Art. NR, Section 8-803

Flood Control and Watershed State Standards for Local DNR (WRA)
Management Act of 1976 Implementation
Art. NR, Sections 8-9AO4 et'seS[.

Non-Game and Endangered Species Direct State Planning and DNR (MWA, CAP)
Conservation Act Regulation/Habitat
Art. NR, Section 10-2AO5 et seg. Acquisition

Federal Water Pollution Control Federal Consistency/State Federal: U.S.
Act Amendments of 1972 Water Quality Army Corps of
Section 404 Certification Engineers
State: DNR (WRA)

137 -

USE OF AGRICULTURAL LANDS

Situation

Much of Maryland's coastal zone is rural. In Maryland's coastal counties,
over one million acres of land, divided among more than 10,000 farms, are
committed to agricultural uses. Agriculture is a major contributor to the coastal
economy, as well as to.the coastal character and scenic beauty. Increasing
suburbanization and demand for second home development, however, is consuming much
of Maryland's productive agricultural land. Conflicts have arisen between
agricultural activities and coastal activities dependent on the aquatic environment.
Farming has been identified as a potential contributor to non-point source
pollution in several studies, including the River Basin Plans developed by WRA
in accordance with 1972 Water Pollution Control Act Amendments. Conflicts also
arise between farmers wishing to maintain or increase the drainage of agricultural
land through stream channelization, and groups representing fish and wildlife
interests.

Issues

This situation necessitates that state and local governments coordinate
their activities and regulatory actions, with federal government cooperation
and consistency, to fully implement existing agricultural preservation programs,
to develop accurate and adequate information on environmental impacts of
agricultural activities, and to meet the following objectives of the Coastal
Zone Management Program.

(6) To promote the protection and wise management of productive
coastal agricultural and forested areas through cooperation
-with programs of the local Soil Conservation Districts, the-
Agricultural Lands Preservation Foundation, the Maryland Department
of Agriculture, the Maryland Forest Service, and the Department
of State Planning.

(18) To promote use of the State's coastal resources to meet social
and economic needs in an environmentally compatible manner.

(30) To undertake studies and inventories, where needed, to provide
the most complete and accurate information base possible for all
levels of government and the public to use in management decisions
and activities affecting coastal resources.

(36) To ensure the review of state and local governmental programs, and
those of the Soil Conservation Districts, in order to identiLy
possible modifications needed to facilitate achievement of coastal
zone management goals and objectives.

Investigations and regulatory procedures must consider:

- Whether or not a proposed facility or development will affect
agricultural land in production.

- What impact, if any, agricultural practices such as erosion control
measures and the use of agricultural chemicals, will have on water
quality and aquatic life.

- 138 -

The impact of land use plans and regulations on the viability of
existing farms.

Policies

1. It is State policy to preserve agricultural land and forest land in order
to provide sources of agricultural products for the citizens of the state,
to control the urban expansion which is consuming agricultural land and
woodland of the State, to curb the spread of urban blight and deterioration,
and to protect agricultural land and woodland as open space land, A
principal preservation mechanism shall be the establishment of agricultural
districts and the acquisition of agricultural land preservation easements.
(Agriculture Article, Section 2-501 et seq,)

2. It is State Policy to provide for the conservation of the soil,water and
related resources, and for the control and prevention of soil erosion, in
order to preserve natural resources, control floods, to prevent impairment
of dams and reservoirs, to assist in maintaining the navigability of rivers
and harbors, to preserve wildlife, to protect the tax base, the public lands,
and the health, safety and general welfare of the people of the State, and to
enhance their living environment. (Agriculture Article, Section 8-802)

3. It is State policy that to conserve soil resources and to control and prevent
soil erosion, it is necessary that land-use practices contributing to soil
waste and soil erosion be discouraged and discontinued. Appropriate, soil-
conserving, land-use practices should be adopted and carried out. (Agriculture,
Article, Section 8-102(c))

4. It is State policy that a soil conservation district constitutes a political
subdivision of the State and that it exercises public powers. in carrying
out the responsibilities of a district, district supervisors are authorized
to:

a. Conduct surveys, investigations, and research relating to the character
of soil erosion, the preventive and control measures needed; disseminate
information concerning preventive and control measures; conduct soil
conservation and soil erosion control demonstration projects within the
district, and provide financial and other assistance to land owners for
erosion control and prevention operations.

b. Carry out preventive and control measures within the district, including
engineering operations, cultivation methods, and growing of vegetation,
changes in land use, and similar measures on State owned or controlled
land, with the cooperation of the agency administering and having
jurisdiction over them, or any other land withj7n the district, with the
cooperation of the owner.

C. Develop comprehensive plans for conserving soil resources and controlling
and preventing soil erosion within the district, including the specification
of engineering operations, cultivation methods, the growing,of vegetation,
cropping programs, tillage practices, and changes in land use; and encourage
their adoption by land owners within the district.

139 -

d. Approve or disapprove plans for clearing, grading, transportation, or
otherwise distributing soil pursuant to Section 8-1104(a) of the Natural
Resources Article, and to adopt general criteria and specific written
recommendations concerning the control of erosion and siltation of
pollution associated with these activities.

e. Adopt rules and regulations governing land use in the district in order
to conserve soil and prevent and control soil erosion. Such regulations
may require necessary engineering operations, including the construction
of terraces and other necessary structures; observance of particular
methods of cultivation such as contour cultivating and planting, planting,
of water-conserving and erosion-preventing plants, trees, and grasses;
forestation and reforestation;observation of specific cropping programs
and tillage practices; and retirement from cultivation of any highly
erosive area on which erosion may not be controlled adequately if it
is cultivated.

f. Provide for other means, measures, operations, and programs that may
assist conservation of soil resources and prevent or control soil
erosion in the district, with due regard to the legislative findings
set forth in Section 8-102.

(Agriculture Article, Sections B-306 and 8-307)

5. It is State policy that no one may discharge any liquid, gaseous or solid
substances in such concentration which, when applied, discharged, or deposited.
in the waters of the state may exert a poisonous effect detrimental to man
or to the propagation, cultivation or conservation of animals, fish or other
aquatic life. (Natural Resources Article, Section 8-1405, Department of
Natural Resources Rules and Regulations, Section 08.05,04.01 and 06)

6. It is State policy to set rules and regulations regarding the sale, offer,
use, or storage of pesticides (including herbicides) and other articles
which constitute a water quality problem, in order to protect public health,
saf ety and welf are and to protect present and f uture use of the waters f or
public water supply, the propagation of fish and other aquatic life and
wildlife, recreational purposes, and agricultural, industrial, and other
legitimate uses. The Department of Natural Resources shall defer this
responsibility to the Department of Agriculture, as long as it regulates these
uses adequately. (Natural Resources Article, Section 8-1405, Department of
Natural Resources Rules and Regulations, Section 08.05.04.08; Agriculture
Article 5-204 and 5-209)

7. It is State policy that the Water Resources Administration regulate agricul-
tural waste discharge in order to prevent the waters of the State from falling
below water quality standards. (Natural Resources Article, Section 8-1413)

140

Implementation

Lead Agencies

State: Department of Agriculture (control of pesticides, agricultural lands
preservation) Water Resources Administration (non-designated area
208 efforts, control of toxic substances) Department of State
Planning (review of projects for consistency with State policies
and programs) Department of Taxation and Assessment (regulation
of agricultural land assessment)

Regional: Regional Planning Council - 208 efforts in Baltimore region
Council of Governments - 208 efforts in Washington region

Local: Soil conservation districts (development of four conservation plans,
regulation of farming practices)

Management Procedures

Preservatioft of Agricultural Land:

The Maryland Agricultural Land Preservation Foundation of the Department
of Agriculture has the authority to establish agricultural districts
and to acquire easements in order to preserve agricultural land. In addition,
Maryland State Law requires that the assessment of lands (including timberlands)
actively devoted to agricultural use shall be based on that use and not on its
value if subdivided.

The Department of State Planning takes into consideration the State
policy to preserve agricultural land when reviewing residential and other devel-
opments for consistency with state plans, programs and policies.

Conservation of Soil Resources:

The District Soil Conservation Supervisors provide overall guidance and
support to local groups and individuals for the purpose of conserving soil and
related resources. one of their major responsibilities is to work with individual
farmers to develop conservation plans to minimize soil erosion and other
adverse impacts on water quality and other environmental factors.

Pesticides:

Water Resources Administration requires permits for the use of any toxic
material by any private, public or commerical operation that applies, discharges
or deposits the material to the waters of the state.

The Department of Agriculture controls the distribution and use of
pesticides and herbicides.

Point and Non-Point Sources:

Water Resources Administration reguires discharge permits for those
agricultural activities that result in a definable discharge of waste or waste
water to the waters of the state. A definable discharge may be from either
a point or non-point source, and must be of such quantity and frequency that it
can be identified and related to the source by flow, constituents or other

- 141

means. Waste management plans developed by District Conservationists must be
approved by the Water Resources Administration in accordance with the February 10,
1975, Policy Memorandum of Agriculture Operations.

The Water Resources Administration, Baltimore Regional Planning Council and
the Washington Council of Governments are currently engaged in water quality
planning efforts to determine what agricultural activities may be non-point sources of
pollution, and to determine the magnitude of that pollution.

Coastal Zone Unit Role

Project Evaluation

Project Evaluation and Program Review - Agriculture in general is considered
compatible with the CZMP. Project evaluations will not be done on specific
agricultural operations or practices, with exception of channelization projects and
small watershed projects pursuant to P.L. 566. All project evaluations
involving shoreland uses (see Sections other Shoreland Activities, Industrial,
Parks, Sewage Treatment Plants, Activities occurring-in Tidal-and Non-Tidal
Flood Plains etc.) will consider the impacts of these uses on the viability of
existing farms.

Program Review

The Coastal Zone Unit willprovide technical data and other resources to
the 208 planning agencies. CZU will maintain close contact with the Water
Resources Administration's Planning Section, the Soil Conservation Districts,
and the designated Metropolitan 208 agencies, to prevent duplication of effort.
Best management practices developed through the 208 planning efforts will be
incorporated into the CZMP. The CZU will also continue its involvement in the
Delmarva River Basins Study in order to develop a long range plan for agricultural
needs on the peninsula.

142

LEGAL AUTHORITY

Statutory Authority Management Technique Agency

Ag. Land - Md. Ag. Land State & Local planning and Md. Land Presev.
Presev. Found. acquisition Found.
Ag. Art. Sec. 2-501 to 515

Soil Conservation State Soil Con-
Ag. Art. Sec. 8-101 to 310 servation Commit.
& local Soil
conserv. Dist.

Ag. Land Assessment Direct State Regulation Dept. of Assess-
Art. 81, Sec. 19 ments & Taxation

Md. Pesticide Reg. & Labeling Direct State Regulation Dept. of Ag.
Ag. Art., Sec. 5-101 to 211

Water Poll. Control & Abatement Direct State Regulation DNR (WRA)
N.R. Art. B-1413

Water Poll. Cont. Act State, regional & local DNR (WRA), RPC
Amends. of 1972, Sec. 208 planning COG, Soil Conserv.
District

State Land Use Act State & Local Planning and DSP
review of projects for
consistency with State
policy & programs

Poll. Control & Abatement Direct State Regulation DNR (WRA)
Nat. Res. Art., Sec. 8-1405
and 8-1413

143 -

USE OF FORESTED LANDS

Situation

The importance of timber products, and the value of private and public
forests as natural buffers, wildlife habitat, and recreational areas,
necessitate sound management of woodlands. Most of Maryland's 1,535,000
acre coastal forest area is privately owned, and is under the owner's care
and management. However, others also influence the uses of private forest
lands, such as the forest product industry, recreationists, public agencies,
as well as the public interest at large. There are four state forests totalling
approximately 20,000 acres in the state's coastal zone: Doncaster State Forest
in Charles County, Elk Neck State Forest in Cecil County, Wicomico State
Forest in Wicomico County, and Pocomoke State Forest in Worcester County. These
forest areas must serve a variety of purposes: timber products, wildlife
habitat, watershed protection, and activities such as hiking, camping, hunting,
and fishing.

Issues

State and local agencies must coordinate their activities and regulatory
actions with federal government cooperation and consistency to meet the
following objective of the Coastal Zone Management Program:

(6) To promote the protection and wise mana2ement of productive
coastal agricultural and forested areas through cooperation
with programs of local Soil Conservation Districts, the
Agricultural Lands Preservation Foundation, the Maryland
Department of Agriculture, and the Maryland Forest Service, and
the Maryland Department of State Planning.

State and local programs and regulatory actions must consider whether
or not a proposed forestry practice or proposed non-forestry activity.on
forested land will:

-Have adverse effects on water quality.

-Adversely alter the value of the area in providing wildlife
habitat, watershed protection, water quality buffer zone, or
natural beauty to coastal areas.

-Is consistent with the policies for the Coastal Zone in which it
occurs in the case of State forests.

-Is consistent with forestry board guidelines in the case of
private forests.

144

Policies

1. Forests, timberlands, woodlands and soil resources of the state are basic
assets and the preservation of these resources is essential. It is the
policy of the state to encourage economic management and scientific
development of its forests and to conserve and improve soil resources to
preserve an adequate source of forest products. (Natural Resources Article,
Section 5-602, Agricultural Article, Section 2-501)

2. Where the objectives of the state can be achieved through cooperative efforts
of private landowners, with the assistance of the state, it is the policy of
the state to encourage and assist the private owernship and management of
forest lands. Where private ownership cannot achieve the objectives of the
State, it is the state's policy to acquire forested lands as rapidly as the
financial resources of the state permit. (Natural Resources Article, Section
5-602)

3. It is state policy to protect woodland areas through its agricultural land
preservation efforts which include the establishment of agricultural districts
and acquisition of agricultural easements. (Agricultural Article, Section
2-501 et seq.)

4. It is the state's policy to comprehensively manage state-owned forests in
order to provide for the following activities: watershed protection, wildlife
protection, hiking and general recreation, natural beauty appreciation,
wilderness protection, protection of significant natural, historical or
archeological features, and timber harvesting. In undertaking such
comprehensive management, the following practices shall be followed:

a. All harvesting activities shall be regulated by permit after a thorough
review of possible impacts. Clear-cutting shall not be conducted in
areas of aesthetic, watershed, wildlife or recreational value.

b. Practices shall be undertaken to insure the maintenance of healthy
populations of animal life.

C. Carrying capacity limits on recreational uses will be established
when needed to protect resources or to maintain the quality of
recreational experience.

d. All activities are to be undertaken in a manner which minimizes
the potential for water, air or noise pollution, including the use
of alternative areas if necessary.

e. Protection shall be given priority over development where proposed
activities would not adequately protect remaining resources.
Natural methods shall be favored over artifical protection methods
for forests, watersheds, or floodplains.

145 -

f. Aesthetics will be given full consideration in the planning and
implementing of all forest operations.

g. Forest management goals and policies will be applied to resolve
potential conflicts in the various forest zones. Resolution will
entail an examination of the conflicts between natural values and
wood fiber values. Consideration will be given to all potential
locations of each conflicting use in the forest, and to the
possibility of meeting the needs of the conflicting uses in other
forests. (Natural Resources Article, Section 5-102, 5-207, 5-602;
Maryland Forest Service Handbook)

5. The Department of Natural Resources shall establish Forestry Districts to
guide the use of private woodlands and forests. The powers and duties of
the district board shall include (but not be limited to) efforts to:

a. Promote priva'te forestry by assisting landowners in forest management,
tree planting, conservation and development of tree crops, and
protection of forests from fires, insects, and diseases.

b. Assist private owners of forest land with advice on construction
of flood control measures, seeding and planning of waste slopes,
abandoned or eroded lands, and development of wildlife by planting
trees, bushes, and shrubs which produce food or cover.

C. Enter into forest conservation and management agreements with land-
owners within its county or district for a specified permit of years.

d. Cooperate with other government agencies to achieve forest conservation,
better forest growth and public education on forest conservation and
management measures.

e. Develop comprehensive forest management plans for conservation of
soil resources and for control and prevention of soil erosion within
the county or district.

f. Promulgate safeguards for proper forest land use, such as those intended to:

W Provide for adequate restocking, after cutting, of trees of
desirable species and condition.

(ii) Provide for reserving, for growth and subsequent cutting, a
sufficient growing stock of thrifty trees of desirable species
to keep the land reasonably productive.

(iii) Prevent clear-cutting, or limit the size of a tract to be clear-cut
in areas where clear-cutting will seriously interfere with
protection of a watershed, or in order to maintain a suitable
growing stock to insure natural reproduction. However, any rule
dealing with clear-cutting shall establish a procedure by which

- 146

any operator of forest land may secure a permit to clear-cut
particular lands upon proof that he has a bona fide intention
to devote the land to use other than forest use; that the lands
are appropriate for the proposed use; and that devoting the
lands to the new use will not seriously interfere with the
protection of the watershed.

(Natural Resources Article, Section 5-606)

6. The Department of Natural Resources, upon request, shall assist other
state units, counties towns, corporations, and individuals preparing
plans for park, recreation and natural area acquisition and development,
acquisition of multiple-use areas, including protection of watersheds, and
the management and replacement of trees. (Natural Resources Article, Section
5-201)

7. In order to promote conservation of forest resources, it is State policy
to allow land owners with five or more acres to place their land under
the forest conservation and management program. (Natural Resources Article,
Section 5-302)

8. The Department of Natural Resources, shall promote a program of roadside
tree planting, maintenance, and control to obtain beneficial road
stabilization, visual aesthetics, and buffers for agricultural and open
areas. (Natural Resources Article, Section 5-402, 5-602)

Implementation

Lead Agencies

State: Maryland Forest Service

Local: Forest District Boards

Management Procedures

The Maryland Forest Service has the primary responsibility for managing
activities in State Forests.

Activities in private forest lands are guided by the action of Forest District
Boards composed of members appointed in the area by the Maryland Forest Service.
The duties of the District Boards are, in general, to promote private forestry by
providing technical assistance in forest growth appraisals, to coordinate the
forest management activities of all levels of government, and to receive and
decide on proposed work plans for cutting forest lands. 'District Boards have the
power to enter any woodland in performance of their duties, to hold conservation
meetings and demonstrations, and to enter into agreements with private landowners.
The District Boards cooperate with other government agencies to achieve better
forest growth, to promulgate forest conservation measures, to develop comprehensive
forest management plans, and to enforce DNR rules and regulations con'Cerning forest
management. In addition, the District Board may develop, adopt after a local
hearing, and enforce as power of law, any of their own rules and regulations for
proper forest land use. However, they prefer to obtain voluntary cooperation in
the adoption of policies similar to those adopted for State Forests. Through a
Memorandum of Understanding with the Soil Conservation Districts, woodland conserva-
tion nractices are incorporated into the conservation form plans of those

- 147 -

cooperating in the district, along with erosion control and sediment reduction
measures.

The Districts strongly promote voluntary compliance with the standards
contained in Interim Guidelines Standards, and Specification for Soil Erosion
and Sediment Control for Forest Harvest.Operation (March 1977), with the
understanding that if voluntary measures are ineffective, mandatory regulations
will be adopted. In every case, a state permit is required for timber operations
in 100-year floodplain.

The Maryland Forest Service also operates the following programs relevant
to coastal woodlands:

1. Forest Conservation and management Program

The purpose of this program is to encourage people "to keep
or develop lands for productive woodland purposes, to prevent floods
and the wasting of soil (and) to provide open and wooded areas for
the use and enjoyment of residents and sojourners".

The Program enables any owner of five or more acres of forest
to enter into a contract with the Department of Natural Resources.
The owner agrees to use his land in a manner consistent with the
purposes of the program for a specified time. In return, the owner
is granted an exemption from an increase in assessed valuation of
the land during the contract period.

A full market valuation of the tract is made at the termination
of the contract, at the time of harvest. or at the time of conveyance
to a new owner who does not assume the obligations of the contract.
If the new valuation is greater than the old, a new tax bill is
computed by allocating the increased value in approximately equal
annual increments from the date of the contract to its termination,
mutliplying by the tax rate for the respective year. This additional
tax then becomes immediately due and payable.

2. The Forest Improvement Program

This program is designed to re-establish loblolly pine stands
on cutover tracts, and the revegetation of coal strip areas. These
projects are self-supporting in that landowners and coal operators
pay the cost of such work, which is carried on under the supervision
of local forestry personnel.

3. Roadside Tree Program

The Department of Natural Resources is authorized to plant trees
along roadsides, to regulate the care of roadside trees, and to establish
nurseries for the propagation of roadside trees. A permit from the
Department is required before any person may cut down or trim a roadside
tree.

148

4. Forest Protection

The Forest Service is responsible for the control and suppression
of wild fires, insects, and disease and for the enforcement of forest
laws, rules, and regulations.

The Forest Service also licenses all primary forest product
operators. Licensed operators are obliged by law to follow certain
practices for harvesting timber and to provide for restocking and
future forest-growing conditions. In order to promote more effective
enforcement of good forestry practices, the Forest Service is adopting
regulations whereby owners who adopt forestry management plans will not
be required to apply for Water Resources Administration permits for
logging operations. All others would continue to be required to obtain
permits. In district conservation plans and permits for forestry
operations which move substantial amounts of sediment, the Forest Service
is also incorporating requirements into annual licensing procedures.
Under these requirements, information on proposed actions, including
proposed sediment control measures, would be submitted with the annual
license application. Forest operations would be then regulated by a
general permit, with regulatory attention focused on problem areas and
areas of special values.

5. Water Quality Impact Studies

The Forest Service is working with the Water Resources Administration
and the regional governments responsible for determining the effects
of forestry practices or water quality through the 208 Program.

Coastal Zone Unit Role

Project Evaluation

Project evaluation on forestry practices is not anticipated. However,
the values of forested areas will be considered in all project evaluations
on developmental activities (see the Sections Shore Erosion Control, Activities
in Flood Plains, Activities in Non-Tidal Wetlands, Onshore OCS/Oil/Natural Gas
Facilities, Electric Generating Facilties, Industrial Parks, Mineral Extraction
Facilties, Large-Scale Residential Developments, and Transportation Networks).

Program Review

1. The Coastal Zone Unit will maintain close contact with agencies responsible
for non-point source pollution planning under the Federal Water Pollution
Control Act Amendments of 1972, to insure that all relevant factors concerning
forestry management practices are considered.

2. The Coastal Zone Unit will work with the counties and with the Maryland
Department of State Planning, to consider significant coastal forested
areas, particularly those identified in its Upland Natural Areas Study,
for designation as State Critical Areas.

149 -

AUTHORITIES RELATING TO THE USE OF FORESTED LANDS

Statutory Authority Management Technique Agency

State Forest Direct State Planning and DNR, Maryland
Natural Resources Article, Regulation Forest Service
Section 5-201 (MFS)

Forest Conservation and Direct State Planning and DNR (MFS)
Management Regulation
Natural Resources Article,
Section 5-301 et seq.

Forest Conservancy Districts State Assistance Program DNR (MFS)
Natural Resources Article, State Guidelines for
Section 5-601 et seq. Local Implementation

Forest Protection Direct State Planning and DNR (MFS)
Natural Resources Article, Regulation
Section 5-608 to 5-610,
5-701 et.seq.

Road-side Tree Program Direct State Planning and DNR (MFS)
Natural Resources Article, Regulation
Section 5-401 et seq.

State Critical Areas Program State Standards for Local DSP
Article 88C, Section 2(b)(3) Implementation

150

CHANNELIZATION (AND SMALL WATERSHED PROJECTS)

Situation

Channelization, the modification of natural stream channels, is a method
which is used in Maryland to increase the productivity of agricultural land, and
in the past, to reduce the frequency of damaging floods. Channelization includes
the following alterations of natural stream courses: 1) riprapping or lining of
channel, 2) clearing of obstructions and accumulated bedload material, 3) widening,
4) deepening, and 5) realignment of existing channels. The effect of these
modifications is to move water off the land at an increased rate and volume, thus
reducing the potential for damage by flooding. Channelization can also lower
the existing water table adjacent to the modified channels, increasing the
permeability and, in turn, the productivity of the soil. Channel modifications
have been an integral part of agricultural drainage in Maryland. Frequently,
channel modifications are part of small watershed projects which also may include
impoundments or reservoirs for flood control, sediment control, and recreation.

several environmental problems are often associated with the use of
channelization. Deterioration of water quality is one such problem, and the
protection of water quality is of primary concern. After channelization, water
which formerly remained on the land or in the soil is transported into aquatic
systems. Agricultural chemicals (i.e., fertilizers, pesticides, and herbicides)
are transported along with surface and ground waters into aquatic systems, where
they may pose a hazard to the health of the aquatic ecosystem. Construction of
channel modifications creates large amounts of suspended sediment, and removal
of stream bank vegetation during construction can result in increased sedimentation
as well as increased water temperatures. Improper channel bank stabilization and
channel maintenance can also cause sedimentation in aquatic systems. The resulting
impairment of water quality can interfere with the spawning of fish and the growth
of beneficial aquatic vegetation. The location of channel modifications and
impoundments often involves non-tidal wetlands, particularly on the Eastern Shore.
Activities in these wetlands can reduce or destroy the valuable functions of
wildlife habitat, sediment entrapment, and groundwater recharge.

Issues

Careful project planning and the development of alternatives to channelization
and impoundments are needed to avoid the associated environmental problems. Planning
and regulatory efforts by federal, state, and local governments should be consistent
with the following objectives of the Coastal Zone Management Program:

(5) To protect coastal terrestrial areas of significant resource-
value-areas having scenic, scientific, geologic, hydrologic,
biological or ecosystem maintenance importance, such as non-
tidal wetlands, endangered specieshabitat, significant wild-
life habitat, and wintering and resting areas for migratory
birds.

151

(6) To promote the protection and wise management of productive coastal
agricultural and forested areas through cooperation with programs
of the local Soil Conservation Districts, the Agricultural Lands
Preservation Foundation, the Maryland Department of Agriculture,
the Maryland Forest Service, and the Department of State Planning.

(9) To give priority to non-structural management techniques for controlling
tidal and riverine flood hazards, including the use of flood plains
for open space uses such as agriculture, forestry and recreation, so
as to lessen the danger to life and property and minimize adverse effects
on biological resources and water quality.

(23) To promote the maintenance of natural buffers along, and natural
drainage ways feeding to, coastal tributaries and estuarine waters to
minimize adverse environmental effects of coastal developments and
activities.

Project planning and review and regulatory procedures need to take into
consideration whether or not a proposed project will:

- Degrade existing water quality of streams and associated water bodies.

-Create detrimental sedimentation during or after proposed channel
alterations.

-Interfere with the spawning of anadromous fish.

-Create adverse impacts on non-tidal wetlands, forests, and associated
aquatic systems.

-Create adverse impacts on water quality in the watershed due to increased
agricultural activity.

Policies

1. The Department of Natural Resources is responsible for conservation and
management of wildlife, wildlife resources, fish, fish resources and aquatic
life within the State. (Natural Resources Article, Sections 4-202, 10-202)

2. The Department of Natural Resources will cooperate with federal, state,and
local agencies in water resources projects and projects affecting the waters
of' the state, including approved projects under PL 566 (the federal Watershed
Protection and Flood Prevention Act). (Natural Resources Article, Section 8-903)

3. It is the public policy of the State (taking into account varying ecological,
economic,developmental, recreational, and aesthetic values) to preserve tidal
wetlands, including tidal waters to the seaward limit of the State's
jurisdiction, and to prevent their despoliation and destruction. (Natural
Resources Article, Section 9-102, 9-202)

4. It: is in the public interest to preserve the biological values associated
with the land and water resources of the 100-hundred year flood plain. (Natural
Resources Article, Sections 8-801 and 8-9AO2)

- 152

5. The filling and dredging of non-tidal wetland areas of biological and/or
hydrological value within the 100-year riverine flood plain will not be
permitted, unless no feasible alternative for accomplishing a necessary
public good exists and measures are taken to minimize adverse environmental
impacts. (Natural Resources Article, Sections 1-302, 1-303, 8-801, and
8-803; pending revised watershed permit regulations)

6. Wherever possible, non-structural measures to reduce flood hazard and
increase agricultural drainage will be utilized. (Natural Resources
Article, Sections 1-302, 1-303, 8-801, 8-803 and 8-9AO2; Maryland Interim
Watershed Management Policy, November 1977)

7. Channelization in areas where adverse impacts would be created upon water
quality, aquatic resources, non-tidal wetlands, and wildlife habitat is
generally not consistent with State policy. (Natural Resources Article,
Sections 1-302, 1-202, 8-801, 8-803, and 8-9AO2; Maryland Interim Watershed
Management Policy, November, 1977)

B. Dredging channels is generally the least preferable means of accomplishing
storm water and flood control management. (Natural Resources Article,
Sections 1-302, 1-303, 8-801, 8-803, and 8-1101; Maryland Interim Watershed
Management Policy, November, 1977)

9. Agricultural drainage shall be permitted only to the extent it provides
substantial agricultural benefits, and shall be carried out in ways which
minimize environmental damage. Each project must meet the following guidelines:

- There must be a demonstrated need for the project.

- The lower end of the system must be as far upstream as possible.

-Good conservation practices must be used during construction.

-Sediment transport must be minimized through sound conservation practices.

-Construction must not occur during spawning time.

-Provisions must be made for continued maintenance.

-Environmental impacts must be considered.

(Natural Resources Article, Sections 1-302, 1-303, 8-801, 8-803, 8-1402,
8-1405; Maryland Interim Watershed Management Policy, November, 1977)

10. The natural values of affected floodplain forests and non-tidal wetlands
will be considered in the siting of impoundments and these areas be will
avoided if possible. Such impoundments shall provide a minimum flow release
for downstream users. (Natural Resources Article, Sections 1-302, 1-303,
8-801, 8-803, and 8-9AO2)

153 -

Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineers, SCS (PL 566 Projects)

State: Water Resources Administration

Management Procedures

Agricultural Drainage

The President's Executive Orders on Environmental Protection issued May 24, 1977
address wetlands and federal activities affecting them:

"Each agency.shall provide leadership and shall take action to
minimize the destruction, loss or degradation of wetalnds, and to
preserve and enhance the natural and benefitical values of wetlands
in carrying out the agency's responsibilities..."

"Each agency, to the extent permitted by law, shall avoid
undertaking or providing assistance for new construction located in
wetlands unless the head of the agency finds (1) that there is no
practicable measures to minimize harm to wetlands which may result
from such use."

The U.S. Army Corps of Engineers regulates by permit, dredge and fill activities
occurring in the floodplains of streams below the headwaters (i.e., below that
point where the average flow is less than five cubic feet per second) (Section
404, Federal Water Pollution Control Act Amendments, 1972). This program is
described in the Section on Activities occurring in Non-Tidal wetlands.

The Soil Conservation Service is presently operating under Conservation
Planning Memorandum 15, issued on May 5, 1975, by the Soil Conservation Service
Office, USDA, Washington, D.C., which states that the SCS would avoid construction,
including channelization, in wetlands of Type 3 through 20 as described in the
U.S. Fish and Wildllife publication, Circular 39.

The Water Resources Administration coordinates all review and comment
between the agencies within the Department of Natural Resources both on Federally
sponsored projects and projects submitted to them and federal agencies for
approval. Project proposals which are evaluated include small watershed projects
under PL 566, which are sponsored by the Soil Conservation Service (SCS) and the
lcoal organizations.

Routinely involved DNR agencies are the Wildlife Administration, the
Fisheries Administration, and the Coastal Zone Unit. The U.S. Fish and Wildlife
Service is also involved in review and comment of project proposals, and more
recently, in the initial planning of the project. With PL 566 watershed projects,
DNR involvement begins with the issuance of a Preliminary Investigation by the
SCS and the local district organization, and continues through the completion of
an environmental impact statement on the project.

- 154

The Water Resources Administration also administers several permit programs
vhich may affect channelization proposals. These include:

1. Regulation, by permit, of any construction or repairs to dams or
obstructions to the 100-year flood plain or rivers. All permit
applications for such operations must be accompanied by a hydraulic
calculation of the effects of any reduction or'filling, as well as
summary of the expected benefits. (See Section on Activities occurring
in Tidal and Non-Tidal Floodplains

2. Wetlands permits - regulatory procedures are described in the Section on
Activities Occurring in Tidal Wetlands.

3. Water Quality Certification - Under Section 401 of the Federal Water
Pollution Control Act (P.L. 92-500; 86 Stat. 816, 33 USC 1411), any
applicant for a federal permit to conduct an activity which may result
in a discharge into navigable waters is required to obtain a certification
from the State that the discharge will comply with the application
water quality standards. The certification also pertains to the subsequent
operation of the facility.

other agencies of DNR and other departments may participate in
the review of these permits.

Channelization for Storiiawater and Flood Control Management Purposes

Because of associated adverse impacts, the State is discouraging channelization
for stormwater and flood control management purposes. The Department of Natural
Resources is administratering its planning and regulatory programs accordingly.

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit will be involved in the regulatory process for activities
involving channelization, in accordance with the project evaluation procedures
described in Chapter I. CZU will be involved with all projects in areas identified
to be of value in the Upland Natural Areas Study, and projects in which more
than 1/4 acre of land area is proposed for alteration. Proposed projects will be
reviewed for possible adverse impacts on areas of high biological value. CZU
will provide data on the impact to biological resources of proposed activities
and will place the value of particular natural areas in a state-wide perspective.
Whenever it appears that substantial impact to any significant natural areas
may occur, a full project evaluation will be initiated I@o make recommendations to
the Secretary of Natural Resources on appropriate State action and on federal
consistency decisions on Section 404 permits.

Projects involving less than 1/4 acre are considered not likely to have
significant impacts by themselves unless they involve substantial permanent
alterations or other special consequences.

155 -

Proqram Review

Cumulative Impact:

CZU, in conjunction with the Corps of Engineers and the Water Resources
Administration, will ensure that all permit data is entered into appropriate data
systems (such as the RAMS data base and the WRA Query system) and made available
to CZU. CZU will continue to participate in the development and completion of
the Delmarva River Basins Study (Type IV) along with the Soil Conservation Service,
the U.S. Fish and Wildlife Service, and other DNR agencies. The Study will
identify priority areas which should not be affected and will coordinate SCS
planning efforts and state agency review and comment.

State Critical Areas:

Significant areas will be identified and suggested to counties as state
critical areas for conservation or preservation.

Data Base:

CZU will assemble all information presently available on non-tidal wetlands
in Maryland's coastal zone and will make this information available to all permit
administrators.

AUTHORITIES RELATING TO CHANNELIZATION

Statutory Authority Management Technique Agency

State Critical Areas Program State Standards for Local DSP
Art. 88C, Section 2(b)(3) Implementation

Construction in or obstruction of Direct State Planning and DNR (WRA)
the 100-year flood plain of free- Regulation
flowing rivers and non-tidal
waters
Art. NR, Section 8-803

Non-Game and Endangered species Direct State Planning and DNR (MWA, CAP)
Conservation Act Regulation
Art. NR, Section 10-2AO5

Wildlife Management Direct State Planning and DNR (Wildlife
Art. NR, Section 10-202 Regulation Administration)

Fishery Management Direct State Planning and DNR (MFA)
Art. NR, Section 4-202 Regulation

Wild & Scenic Rivers Act Direct State Planning and DNR (CAP)
Art. NR, Sections 8-401 & 8-410 Regulation

WetlarLds Law Direct State Planning and DNR (WRA)
Art. NR, Title 9 Regulation

Forest: Protection Direct State Planing and DNR (MFS)
Art. NR, Section 5-608 to Regulation
5-61.0, 5-701 et seq.

Federal Water Pollution Control Act Federal Consistency/State Federal: U.S
Amendments of 1972 Section 404 Water Quality Certification Army Corps of
Engineers

- 156 -

ACTIVITIES ASSOCIATED WITH THE PROVISION OF SUFFICIENT RECREATIONAL,
OPEN SPACE AND NATURAL AREAS

Situation

The population in Maryland's coastal zone has increased greatly within
the last decade. Increased leisure time, purchasing power, and the desire to
escape congested living for outdoor relaxation and recreation has had a
significant impact on the coastal zone. Many people have chosen to live in
or very near shoreland areas and find employment in these areas. Many more
have chosen to live on or very near shoreland areas, commuting distances of
an hour or more to and from work in order to enjoy evenings of recreation in
coastal areas. Still others, employed and residing in metropolitan areas such
as Baltimore, Washington, York, and Wilmington seek recreation in Maryland's
coastal zone on weekends and holidays.

Accompanying the rapid rise in population has been an increasing need
to protect open space and natural areas, in order to provide sufficient wildlife
habitat, to maintain wildlife populations, and to meet the increasing demands
for passive recreation opportunities and "wilderness" experiences.

However, the state parks, forests, natural environmental areas and wild-
life management areas in Maryland's coastal counties adjacent to the State's
tidal waters comprise only a small fraction of Maryland's shoreline. To meet
the demands noted above, additional recreational and natural areas adjacent
to or near the Maryland's shoreline are needed. The State is in the process
of acquiring one such area, the 2,700 acre Wye Island, to ensure that it is
maintained as one of Maryland's last undeveloped islands.

Issues

This situation requires that state and local governments coordinate their
activities and regulatory actions, with federal cooperation and consistency,
to meet the following objectives of the Coastal Zone Management Program.

(5) To protect coastal terrestrial areas of significant resource-
value-areas having scenic scientific, geologic, hydrologic,
biological or ecosystem maintenance importance - such as non-
tidal wetlands, endangered species habitat, and wintering and
resting areas for migratory birds.

(8) To promote increased recreational opportunities in shoreland areas,
and tidal waters and to assure that these occur in a manner which
protects the quality of coastal resources and public health and
__.@afety_

State and local government action relating to the provision of coastal
recreational, open-space, and natural areas must address the following issues:

The identification of areas worthy of protection as coastal recreational
areas, open space, or natural areas (including wildlife management areas
and wildlife refuges).

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- The type of coastal recreational and natural areas most needed.

- The identification of areas that could meet those needs.

- The level of activity consistent with the carrying capacity of areas
acquired as coastal recreational and natural areas.

- The protection of areas identified as valuable for coastal recreational,
environmental or open space until acquisition can take place.

Policies

1. The Department of Natural Resources is responsible for conservation and
management of wildlife and wildlife resources of the State. (Natural
Resources Article, Section 10-202)

2. It is state policy a) to conserve species of wildlife for human enjoyment,
for scientific purposes., and to insure their perpetuation as viable
components of their ecosystems, b) to protect threatened and endangered
plant and wildlife species by prohibiting the taking, possession, trans-
portation, exportation, processing, sale, offer for sale, or shipment
within this State of endangered species, and by carefully regulating these
activities with regard to the threatened species, and c) to establish
programs, including the acquisition of land or aquatic habitat or interests
therein, necessary for the conservation of non-game threatened or endangered
species of wildlife or plants. (Natural Resources Article, Sections 10-2AO2
and 10-2AO6)

3. The Department of Natural Resources shall, in the name of the State, purchase
and manage lands suitable for state parks, scenic preserves, historic
monuments, parkways, state recreational areas, forest culture, forest reserves,
watershed protection, water conservation, open space, the protection,
propagation or management of wildlife resources, and hunting. (Natural
Resources Article, Sections 5-207, 5-901 et @eq., to 10-208, 10-2AO1 et.seq.,
10-801)

4. The Department of Natural Resources shall establish a state wildlands
system on state-owned lands, which shall be administered for the use and
enjoyment of the people of Maryland, in a manner that will leave them
unimpaired for the future use and enjoyment as wildlands, will provide
for their protection and preservation of their wildland character, and will
promote the gathering and dissemination of information regarding their
use and enjoyment as wildlands. (Natural Resources Article, Section 5-1203)

158

5. It is State policy to protect, though a scenic and wild rivers program,
those rivers of Maryland (or portions of them) and related adjacent land
areas that possess outstanding resources of scenery, fish, wildlife, and
other valuable recreation resources of existing and potential benefit to
the citizens of the State. The Program, to be administered by the Department
of Natural Resources, shall provide for wise management of resources on the
land and preservation of their scenic, agricultural, and wild qualities.
Development will be limited to fishing, hunting, hiking, horseback riding,
natural and geological interpretation, scenic appreciation, and other
activities in which the general public can appreciate and enjoy the value
of these areas as scenic and wild rivers in a setting of natural solitude.

Before specific plans for use and development of water and related land
resources are approved, including construction of improvements, diversions,
roadways, crossings, channelizations, locks, canals or other features which
change the character of a river or waterway or destroy its scenic value,
full consideration and evaluation of the river as a scenic and wild resource
shall be given.

A dam or other structure impeding the natural flow of a scenic and wild
river may not be constructed, operated, or maintained, and channelization
may not be undertaken without the specific approval of the Secretary of
the Department of Natural Resources.

Every State unit shall recognize the intent of the Scenic and Wild
Rivers Program and take whatever action is necessary to protect and enhance
the scenic and wild qualities of the designated rivers. The Department shall
utilize the scenic and wild rivers system and all related information to assist
and cooperate with any other State and local unit which exercises jurisdiction
and authority over land use planning and management. (Natural Resources
Article, Section B-401 et seq.)

6. It is State policy to make funds available to local governments for the
acquisition of outdoor recreation and open space areas and for the development
of recreational facilities. The acquisition and development of land for
recreation purposes with such funds shall be consistent with local comprehensive
plans, and shall meet a need in whole or part identified in the State Outdoor
Recreation Plan. (Natural Resources Article, Section 5-904 et seq.)

7. The Department of Natural Resources, upon request, shall assist other state
units, counties, towns, corporations, and individuals in preparing plans
for acquisition and development of park recreation and natural areas,
acquisition of multiple-use areas including protection of watersheds,
management, and replacement of trees woodlots, and,timber tracts. (Natural
Resources Article, Section 5-201)

- 159 -

8. It is the State policy to encourage land owners to make their land available
to the public for recreational use by limiting their liability towards
persons using their land in accordance with Natural Resources Article, Section
5-1101 et seq.

9. It is the State policy to:

a. Sponsor, assist, conduct, or otherwise cause to be undertaken,
comprehensive programs of research and education pertaining to
the aesthetic, natural, health and welfare, scenic, or cultural
qualities of the state environment, including the provision of
financial grants to public and private agencies, organizations,
and persons engaged in consulting and other special participation
in these programs; and to

b. Acquire property or any interest therein which is natural, environmental,
aesthetic, scenic, or cultural significance, or of significance to
the health and welfare of the public.

(Natural Resources Article, Sections 3-201 and 3-203)

10. The recreational and conservation policies of the State of Maryland shall:

a. Encourage low intensity recreation on open tracts such as flood
plains, wooded areas, steep slopes, and other significant natural
features, provided proper safeguards are established to protect
local environment.

b. Encourage the use of utility easements as outdoor recreation and
open space areas.

c. Encourage the use of scenic easements of land as a visual part of
open space and outdoor recreation.

d. Explore the recreation potential of water bodies, agricultural
research centers, and wildlife management areas.

e, Acquire title to or control of land with conservation or
recreation value, before encroaching development and rising
land values preclude this possibility.

f. Provide public access to estuaries, the Chesapeake Bay, and every
major river in Maryland.

g. Analyze surplus state and federal properties to determine whether
they can be used for recreation.

h. Provide corridors for limited recreation uses such as bicycling,
hiking, and others which relate to streams, shorelines and unique
resource and historic areas.

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i. Emphasize county and local development of community parks and
school/park complexes to maximize local recreational opportunities.

j. Control land use adjacent to parks and major scenic or historic
sites to prevent encroachment and to preserve the surrounding
aesthetics.

k. Protect free-flowing streams and rivers, and carefully evaluate
proposed impoundments.

1. Encourage the preservation of submerged lands for wildlife and fish
habitats.

M. Control shoreline development along the Bay and the ocean through
state and local legislation.

n. Develop and implement a state-wide river and stream preservation
program.

0. Encourage the recreational use of the Chesapeake Bay by acquiring
public access points, particularly at the confluence of stream
valleys and the bay.

p. Preserve outstanding natural and scenic areas, and irreplaceable
historic sites and structures, and incorporate them into an open
space system.

q. Utilize excessive slopes, flood plains, poorly drained lands and
other unique natural resources as major sources of open space.

r. Continue to emphasize nature interpretation and nature-oriented
facilities.

S. Emphasize the acquisition of development rights where feasible in
rural areas, along stream valleys, bay and river or ocean shorelines,
and discourage development imcompatible with the recreation
opportunities associated with these resources.

t. Continue implementing legislation and protection programs for the
Chesapeake Bay and inland wetlands, with emphasis on appropriate
land development regulations, conservation zoning, land donations
and purchase of development rights in lieu of outright acquisition.

U. Regulate and preserve all islands in the bay and all rivers wherever
feasible for conservation and limited recreation use.

V. Create more wildlife sanctuaries and management areas in places
that provide areas of unusual flora and fauna,

w. Encourage stewardship through the development of State and local
policies and guidelines on tax abatements, tax credits, and special
assessments for privately held open space.

161 -

X. Utilize scenic or conservation easements, purchase and leaseback
agreements and subdivision regulations.

y. Preserve the best agricultural lands and geologic resource areas
for continued production, or preservation as rural landscape.

Z. Encourage the use of both public and private lands for outdoor
recreation, including the purchase of public recreation rights
and scenic easements to expand opne space beyond publicly owned
land, and the provision by land owners of recreational opportunities
for the public under multiple-use income-producing arrangements.

aa. Establish an interconnecting system of trails for walking, hiking, and
bicycling along the ocean beaches, bays, estuaries, rivers and streams,
linking activity centers. (Article 88C Natural Resources Article,
Section-5-901 et @-; Maryland Outdoor Recreation and Open Space Plan,
Phase III-Action Plan pp 9-10)

Implementation

Lead Agencies

State: Capital Program Administration - Administration of Program
Open Space, Land Planning Services

Other
Agencies: Department of State Planning - Development of State Outdoor
Recreation Plan in conjunction with Capital Programs
Administration and other units of government Maryland
Environmental Trust - conservation easement program

Management Procedures

Maryland's approach to providing sufficient public access for recreational
boating purposes and protection for agricultural and forested lands has been
described in previous sections.

The State receives some money from federal funding programs available
to all States - the Land and Water Conservation Fund, (for general open space
acquisition) Dingell-Johnson Fisheries Restoration Fund, (for fish restoration
and management projects) and the Pittman-Robertson Wildlife Restoration Fund,
(for wildlife restoration projects). In addition, the State has funding
available from its Program Open Space (POS), administered by the Capital Program
Administration of the Department of Natural Resources. Funding for the program
is derived from a 0.5 percent state title transfer tax and the scale of State
bonds. POS appropriations for FY 1970 - 1978 have totalled $173,600,000.

To the extent that federal funds are available, Program open Space funds
are used to match acquisition grants from the Land and Water Conservation
Fund. This money can also be used with Waterway Improvement funds when
development includes facilities of benefit to the boating public on the State's
navigable waters.

162

One half of the total funds available under Program Open Space are to
be used by the Department of Natural Resources and the St. Mary's City Commission.
This money is to be used for land acquisition projects only. Matching money
from the Land and Water Conservation Fund can be used either for acquisition
or for development. All proposed state acquisition projects must be submitted
in advance to'the General Assembly. A portion of the state share of the fund
is to be used for making grants to the City of Baltimore for city park acquisition
or development. All Baltimore City projects are to be reviewed by DNR. Project
costs are to be reviewed by the State Board of Public Works.

The other half of the funds available under Program Open Space will be
appropriated by the General Assembly to assist local governing bodies in
acquisition and development projects. A committee appointed by the Governor
will determine the annual apportionment formula based primarily on current and
10-year projected population figures, as well as transfer tax revenues. Local
projects must be evaluated by DNR and sent to the Department of State Planning
for Clearinghouse review and comment. If DNR approves the project, and if it
falls within annual apportionment limits, it will be sent to the State Board
of Public Works for commitment of funds. All local projects for a given year
must be submitted to DNR and DSP in advance as part of an annual program.

Of the money available under Program Open Space for local governmental
units, one half must be used for land acquisition (except in Baltimore, where
local funding is available in addition to money provided directly from the State
share). Local acquisition projects may be funded up to 100% by State funds,
or by a combination of State and federal funds. The other half of the local
share can be used for 'acquisition and/or development. The State will supplement
federal money so that 75 percent of the total project cost is funded.

in order to qualify for funding under Program Open Space, all local projects
must be part of a comprehensive, local recreation plan. In addition, all
state and local projects must be consistent with the recommendations in the
@jarvland Outdoor Recreation and open Space Plan developed by the Department of
State Planning in conjunction with the Capital Programs Administration and other
relevant government agencies. In the past, local governments have concentrated
their efforts on the acquisition and development of intensive recreational areas
such as tennis courts, ball fields, basketball courts, and neighborhood parks,
rather than larger passive recreation and natural areas. Recently, a few
counties have begun to acquire the latter as part of recreation and open space
efforts.

Program Open Space also includes an advance option and purchase fund, so
that options on critical land can be obtained in advance of purchase. This fund
is part of the State portion of POS funds.

The process of selecting sites to be considered for state acquisition with
both Land and Water Conservation and Program Open Space,funds is conducted by
the Capital Programs Administration (Land Planning Services Division). The
same process is used for selecting and acquiring areas as state parks, forests,
natural environmental areas, and wildlife management areas. The process is not

163 -

rigidly defined, but essentially consists of staff review of potential sites
recommended by other DNR agencies, state legislators, local governments, and
the general public. The staff of the Land Planning Services Division also
identifies sites for consideration on the basis of its review of resource
inventories such as the Chesapeake Bay: Inventory of Potential Shoreline Access,
Recreation and Open Space Areas, Upland Natural Areas Study, Wetlands
Vegetation Study, and Maryland outdoor Recreation and Open Space Plan, and its
state-wide analysis of land acquisition needs.

other programs and processes relating to land acquisition in Maryland
include those involving the State Scenic and Wild Rivers Program, the claiming
of federal surplus lands, and those associated with the Nature Conservancy,
Wetlands Acquisition Fund, and the Maryland Environmental Trust.

The purpose of the Wild and Scenic Rivers Program, administered by the
Land Planning Services Division, is to protect those rivers in Maryland (or
portions of them) and adjacent land areas possessing outstanding scenery,
fish, wildlife, and other valuable recreational attributes. Nine rivers,
including five in the Coastal Zone (the Anacostia, the Patuxent, the Pokomoke,
the Severn, and the Wicomico in Charles County), are presently included in the
system.

In addition to preparing management plans for each of these rivers with
the assistance of an advisory board,-the Land Planning Services Division is
responsible for (1) taking inventory of all other rivers in the state; to
identify additional rivers for possible inclusion in the system, (3) reviewing
permit applications relating to the use and development of the water and land
resources of scenic rivers. Local governments have the principal direct
responsibility for implementing the management programs for the rivers included
in the system, and state agencies carrying out their management responsibilities,
are required to take whatever action is necessary to protect the qualities of
the rivers.

The availability of federal surplus lands is announced through the A-95
Clearinghouse process. The Maryland Department of State Planning reviews the
positions of state and local government agencies regarding the claiming of the
available surplus lands and makes recommendations to the U.S. General Services
IIkdministration, which is responsible for disbursing surplus lands. The Nature
Conservancy, a private conservation organization which makes funds available
for land acquisition, works in close cooperation with Program Open Space. The
Wetlands Acquisition Fund is derived from the transfer of license to state-owned
wetlands, and it used for the purchase of privately owned wetlands.

The Maryland Environmental Trust is a semi-autonomous unit, administratively
located in DNR. The purpose of the trust is to conserve and improve the State's
environment, including its land, water, air, wildlife, scenic, and open space
resources. Through educational and other media, the Trust encourages the
motivates the populace of the State, and promotes continuing interest, in
perpetuating the aesthetic, natural, scenic, and cultural qualities of the
State's environment.

- 164

In addition, the Trust: (1) acquires and maintains properties of
aesthetic, scenic, cultural value or of value to the public health and welfare,
by gift, purchase, or bequest, (2) receives appropriations, gifts, or bequests
to carry out its purpose, (3) cooperates with and assists state, federal, and
local governmental agencies, private or public foundations, and individuals,
to further the purposes of the Trust, and (4) promotes the establishment of local
committees to work with the Trust to further its objectives at the local level.
The Trust presently has an extensive program to acquire conservation easements
on areas with significant environmental value. This conservation easement
program helps to conserve farmland, woodlands, stream cooridors, unique or rare
natural areas, or other kinds of open space, by arranging non-development
agreements with private landowners. The Trust is responsible for easements on
5,305 acres in 13 counties and Baltimore City, most of its in the Coastal Zone.
Most notable are three miles and 1,680 acres of Potomac River frontage in
Charles County, 1,182 acres on the Chesapeake Bay in Kent and Queen Anne's
Counties, and 300 acres along tributaries of the Little Choptank River in
Dorchester County. The majority of M.E.T.'s acreage has been acquired in the
past year.

Even with the variety of land acquisition programs in the State, acquisition
of new shoreland areas is likely to be limited under present sources of funding.
The State has a backlog of funding needs associated with completing the
acquisition of already authorized parks, wildlife management areas, etc. Funds
provided under Section 315(b) of the 1976 Coastal Zone Management Act Amendments
would encourage the State to place higher priority on the acquisition of
additional shoreland areas, by the State and possibly by local units of government.

Coastal Zone Unit Role

project Evaluation

All projects proposed for areas within the takelines of proposed state
recreational, parkland, and natural areas, and all zoning, rezoning, and
special expections for such areas will be subject to the project evaluation
process, to determine how that value for parkland purposes can be maintained
until acquisition can take place.

Program Review

The Coastal Zone Unit will work with the Land Planning Services section of
Capital Programs Administration to identify suitable shoreland areas for
acquisition as recreational open space and natural areas.

The Coastal Zone Unit will work with Capital Programs Administration and
local governments to insure that greater priority is given to acquisition of
coastal recreational, open space, and natural areas with Program Open Space funds.

The Coastal Zone Unit will work with local governments and the Department
of State Planning to insure that appropriate zoning is maintained or enacted
for areas proposed for acquisition in coastal recreational and open space areas.

165

The Coastal Zone Unit will work with the Department of State Planning,
local governments, the Maryland Environmental Trust, Capital Programs Adminstration,
the Maryland Forest Service, the Maryland Wildlife Administration, and other
relevant government units and private organizations to identify coastal areas
of significant natural resource value and to develop programs to protect them
which may involve less than full fee acquisition.

AUTHORITIES RELATING TO PROVISION OF SUFFICIENT RECREATIONAL ACCESS

Statutory Authority Management Technique Agency

State Outdoor Recreation Plan Direct State Planning DNR (CAP) DSP
Art.. NR, Section 5-906, Art. 88C

Program Open Space Direct State Planning and DNR (CAP)
Art. NR, Sections 5-901 to Acquisition
5-906 State and/or Local Acquisi-
tion and Development

Conservation Easement Program Direct State Acquisition DNR (MET)
Art. NR, Section 3-203

Public Recreation on Private Land State Assistance to Aid DNR (CAP)
Art. NR, Sections 5-110 et seq. Private Activity

Acquisition of Wildlife Areas State Acquisition DNR (CAP)
Art NR, Sections 10-208,
10--2AO1, et seq., 10-801

Acquisition of Forest Park Areas State Acquisition DNR (CAP)
Art. NR, Section 10-208,
10--2AO1 et seq., 10-801

State Wildlands Direct State Planning and DNR (CAP)
Art. NR, Section 5-1203 Management

Endangered Species Direct State Planning and DNR (CAP and
Art. NR, Section 10-2AO1 et seq- Management Md. Wildlife
Administration)

Scenic and Wild Rivers Program State Planning with State DNR (CAP)
Art. NR, Section 8-401, et seq. and Local Implementation

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ACTIVITIES AFFECTI14G COASTAL HISTORICAL, CULTURAL AND ARCHEOLOGICAL
RESOURCES

Situation

The coastal zone of Maryland, particularly that of Cheapeake Bay and
its tributaries, is especially rich in archeological and historical resources.
Archeological findings, thus far, indicate that Paleo-Indians lived in the
area around 10,000 B.C., when what is now Chesapeake Bay was an extension of
the Susquehanna River. With glaciers on the wane climate and food supplies
changed, and the cultural and racial characteristics of these early occupants
developed and diversified. Although their living areas changed in response
to a multitude of factors, these early residents were hunters and gatherers,
and spent much time along the water. Much remains to be learned in this field
of prehistory, since little effort has been expended to date in archeological
study.

Recorded history indicates that the shores of Maryland may have been
visited by European explorers as early as 1498, when John Cabot sailed along
the eastern shore of what is now Worchester County. Between then and 1634, when
the first permanent settlement was established at what is now St. Mary's City,
explorations were made throughout the shoreline by various Europeans. It
is known that the Virginia Company established trading posts, as well as food-
producing fields and orchards on Kent Island, and at the mouth of the Susquehanna
River, prior to settlement of St. Mary's City. The first structures used by
the Europeans were provided by the Indians, and were used for dwelling and
worship. The structural materials used at the time have not withstood the rigors
of climate and time, and much of this early history remains to be learned.

Water transportation and seafood production have shaped the development
of Maryland. Settlements spread over the Eastern Shore, and on the Western
Shore as far as the mountains, largely by way of water, which afforded the
easiest mode of transportation. Water transportation continued to be a critical
factor in the development of the new land and it was not until after 1950 that
the population spread out of the tidewater region.

Although tangible reminders of our past can still be found in villages,
isolated remanents of plantations, mill communities, centers of religous
activity, educational institutions, and urban centers, our historic resources
have been increasingly obliterated by the rigors of climate, fires, and urban
development.

167

Issues

In order to preserve the remaining elements of Maryland's cultural
and aesthetic heritage, both for enjoyment by the citizens of Maryland and
for the benefits that their scientific study will yield, State and government
agencies must coordinate their activities and regulatory actions, in cooperation
with those of federal governmental agencies, to meet the following objective
of the Coastal Zone Management Program:

(7) To protect coastal cultural, historical, and archeological
resources,

In planning public projects, and in reviewing private projects in coastal
areas, the following elements must be considered so that historical, cultural,
and archeological resources can be protected adequately:

- The existence of known cultural, historical, and archeological
resources in the proposed development site.

-The likelihood of yet undiscovered cultural, historical, and
archeological resources in the proposed development site. .

-Determination of the value of cultural, historical and archeological
resources likely to be affected by the proposed project, and the
development of mitigating measures to minimize such impacts.

-The establishment of procedures for salvage, and for archeologic and
historic analysis of resources before development occurs, in cases
where unavoidable impacts would occur in the absence of viable
alteratives to the proposed development.

- Determination of whether the value of the cultural and archeological
resources in question warrants full fee requisition on purchase of
easements in order to assure adequate protection.

Policies

1. State agencies are required to conduct their affairs with an awareness
that they are stewards of air, land, water, living and historic
resources. (Natural Resources Article, Section 1-302)

2. The Division of Archaeology of the Maryland Geological Survey in the
Department of Natural Resources shall, in cooperation with other government
agencies both in state and out-of-state, preserve and protect the State's
archaeological resources and further archaeological knowledge through research,
education, excavation projects, and the retrieval and preservation of
significant objects, both generally and in conjunction with public construction
projects, and through regulation of archaeological activities on state owned
or controlled lands (Natural Resources Article, Section 2-703)

- 168

3. It is State policy to protect and preserve historical, archaeological, and
scientific information, and to protect objects found on privately owned
lands in the state. Archaeological excavations on privately owned lands
are discouraged except when approved by the State archeologist. (Natural
Resources Article, Section 2-301)

4.- Historic areas of the State are considered basic assets, and their proper
use and preservation through State action, including acquisition, promotion
of action by others, and educational activities, are necessary to protect
and promote the health, safety, economy, and general welfare of the people
of the State. (Natural Resources Article 5-102, 5-207; Article 41,
Section 181E)

5. Local governments may establish historic districts in accordance with the
provisions of Article 66B Section 8.01 et seq. to preserve structures of
historic and architectural value. (Article 66B; Section 8.01 et seq.)

Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineering (consideration of
archeological, historical and cultural values in
Section 1.1404 permit decision)

State: Division of Archaeology, Maryland Geological Survey
(promotion of archeological knowledge, review of
state projects, conduct of archeological research)

Maryland Historical Trust (review of Federal and
State funded and permitted projects; acquisition
of properties of historical (including archeological),
cultural, and aesthetic value; maintenance of State
Register, nomination of properties, to Federal
Register)

State Planning (critical areas programs)

Local: Establishment of historic district nomination of areas
for state critical areas designation

169

Management Procedures

The State Archeologist of the Maryland Geological Survey cooperates
with professional and amateur archeologists in Maryland, promotes
archeological knowledge and interest, maintains artifacts, records and maps
site surveys (conducted in-house or reported by amateurs, collectors, or other
interested citizens). He acts as technical advisor in contracts for
archeological investigations, and reviews field work, reports, and final
recommendations.

In addition, the State Archeologist reviews state-initiated projects
for their archeological resources, conducts archeological preservation and
restoration projects associated with State projects, and promotes
archeological knowledge in Maryland. He also furnishes from his records
generalized information to the Corps of Engineers, the Department of Natural
Resources, the Maryland Historic Trustand the Department of State Planning,
for use in reviewing the potential impact of proposed projects on archeological
resources.

The Maryland Historical Trust conducts a continuing survey and inventory
of the state's historic sites, for use in nominating sites for the Maryland
Historic Sites Inventory, and for the National Register of Historic Places,
maintained by the National Park Service, U.S. Department of Interior.
(P.L. 89-665)

The Maryland Historical Trust also reviews all construction and development
projects which require federal or state permits or funding, for their impact on
historic and archeological resources. It protects sites of historical, cultural,
and archeological importance,by suggesting mitigation procedures, by undertaking
full fee acquisition or purchase of easements, by funding preservation and
restoration projects, and by carrying out an extensive educational program.

The U.S. Army Corps of Engineers has a staff archeologist, and considers
impacts on known historical and archeological resources in its Environmental
Impact Statements, and in its permit decisions.

The Department of State Planning administers the State Critical Areas
Program, in which historical and archeological sites may be designated.

Local governments participate by nominating areas for designation as
State Critical Areas, and by establishing historical districts. There are
twenty five local committees in the Maryland Historical Trust program that
broaden the Trust's influence and assist in projects affecting their areas.
Each county of the State has a committee, in addition to those of Baltimore
and Annapolis, that undertake their own projects in addition to their advisory
role to the Trust.

170

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit has funded and participated in a study to expand
existing data on archeological resources in Maryland's coastal zone. In
addition to identifying a large number of archeological sites, this study
provides basic information for estimating the likelihood of additional
significant archaeological resources in shoreline areas. The unit will give
full consideration to the protection of historical, cultural, and archeological
resources in project evaluations of proposed shoreline development, and in
regulation of coastal activities.

The Unit will work with the Maryland Historical Trust and the State
Archeologist to insure that known archeological sites, or sites that have
a potential of singificant resources, as identified in the Archeological
Resources Management Study, are given consideration in Federal, State and
local governmental decisions.

Program Review

The Unit will work with other government agencies to expand information
on the state's historical, cultural and archeological resources, so that these
resources can be fully appreciated by government and private interests in their
activities.

AUTHORITIES RELATED TO CULTURAL, HISTORIC ARCHEOLOGICAL RESOURCES

Statutory Authority Manaqement Technique Agency

Maryland Historical Trust Easement Acquisition DECD (MHT)
Art. 41 Sections 181A et seq.

Historic Zoning State Standards for Local DECD (MHT)
Art. 66B, Sections 8.01 to 8.13 Implementation DSP

Archeological Resources Law Direct State Planning and DNR (CAP)
Art. NR, Sections 2-301 et seq- Regulation

Purchase of Lands DNR (CAP)
Art. NR, Section 5-207

171 -

SHORELAND ACTIVITIES IN GENERAL

Situation

In previous sections of this chapter, shoreland activities have been
discussed that are of Coastal Zone Management concern because of their particular
characteristics, or because of the characteristics of thelir geographic location.
In addition, shoreland activities in general may be of concern of their
sic[nificant contributions to the cumulative impact of similar activities in
the same area, because of their consistency with the carrying capacity of the
area in which they are proposed to be located, because of lack of adequate water,
sewer, and transportation service$, or because of offsite impacts such as air
pollution emissions, noise emissions, point discharge into coastal waters,
sedimentation, stormwater runoff and other non-point pollution.

Issues

To respond to these concerns, State and local governments must coordinate
their activities and regulatory actions, with federal cooperation and consistency,
to meet the following objectives of the coastal zone management program:

(1) To protect, maintain, and where feasible improve air quality in
the State's coastal zone in order to protect public health, safety,
and welfare, and the quality of the SZate's environmental resources.

(2) To protect, maintain, and improve the quality of the State's tidal
waters for propagation of wildlife, fish and aquatic life, and for
human use and enjoyment.

(5) To protect coastal terrestrial areas of significant resource value-
areas having scenic, scientific, geologic, hydrologic, bioloaical or
ecosystem maintenance importance, such as non-tidal wetlands, endangered
species habitat, significant wildlife habitat, and wintering and
resting areas for migratory birds.

(18) To promote use of the State's coastal resources to meet social and
economic needs in an environmentally compatible manner.

(20) To ensure that adequate water, sewage, and transportation services
are provided before new coastal developments are approved by state
and local governmental agencies.

(21) To ensure that adequate consideration is given to social, economic,
and environmental impacts in government decisions concerning the
siting of public facilities in coastal areas, particularly those
involving transportation and waste treatement facilities.

(22) To ensure the incorporation of storm water management measures in
state and local regulatory programs that would require runoff from
a development site to maintain, to the maximum extent possible, water
quality and quantity conditions that prevailed naturally.

- 172 -

(23) To 1@romote the maintenance of natural buffers along, with natural
drainage ways feeding to, coastal tributa-r-iesand esutuarine waters
to minimize adverse environmental effects of coastal developments
and activities.

(29) To ensure that hazardous substances are utilized and diposed of in
a manner which prevents any toxic, lethal or sublethal effects to
plant, aquatic or animal life, which prevents any adverse effect
upon human health, and which prevents disposal of the substances
into terrestrial or aquatic ecosystems.

Planning and regulatory activities concerning shoreland developments
first must consider whether a proposed development:

- would have adverse impacts upon water quality, aquatic areas of
significant resource value, tidal and non-tidal wetlands, significant
wildlife habitat areas, archeological sites, or historic sites;

-would occur on productive agricultural or forest land, or affect
agricultural production on neighboring farms;

-would have adverse impacts on a State Critical Area designated for
preservation or conservation, or its buffer area;

-would be located where it would create danger to life and property
or where it would create or aggravate off-site hazards due to flooding,
shore erosion or other natural hazards.

If the proposed activity involves any of these effects, then policies
and procedures described previously will be applied.

In addition,shoreland developments must be reviewed in consideration of
the following factors,which relate to minimizing off-site impacts,and which
ensure that the carrying capacity of areas are not exceeded:

-Strict application of air and water quality, waste water disposal,
sediment and stormwater, and other standards in development plans;

-Consistency with State development plans, State water quality river
basin plans, and local comprehensive plans, water and sewer plans,
and zoning;

-Service by adequate facilities -- including water supply, waste treat-
ment and transportation;

-Adequacy of sediment and stormwater measures, both structural and
non-structural, to minimize off-site impacts.

Policies

1. It is state policy to maintain that degree of purity of air resources which
will protect the health, general welfare, and property of the people of
the State. (Article 43, Section 690)

- 173 -

2. It is State policy that @he people of the State have the right to an
environment free from noise which may jeopardize their health, general
welfare, and property, or which degrades the quality of life. Therefore,
environmental noise standards should be established to protect public health
and the general welfare with an adequate margin of safety based on knowledge
of the adverse effects of excessive noise, including temporary or permanent
hearing loss, interference with sleep, oral communication, work, or other
activities, adverse physiological responses or psychological distress, adverse
effects on animal life, devaluation or damage of property, and unreasonable
interference with the enjoyment of life or property. (Article 43, Section
822, and 828)

3. It is State policy that no construction of any plant, building or structure,
and no appropriation or use of any water of the State can begin unless an
appropriatepermit has been issued by the Water Resources Administration,
based upon submittal of satisfactory proof by the applicant that the granting
of the permit will not violate water quality or jeopardize its natural
resources, by overdrawing water supplies, or by other unacceptable configurations.
(Natural Resources Article, Section 8-802)

4. It is State policy to improve, conserve, and manage the quality of the
waters of the state and to protect, maintain, and improve the quality of
Water for public supplies, for propagation of wildlife, for fish and aquatic
life, and for domestic agricultural, industrial, recreational, and other
legitimate beneficial uses. It is also State policy,to provide that no waste
is discharged into any waters of this State without first receiving necessary
treatment or other corrective action to protect the legitimate beneficial uses
of this State's waters, and to provide for prevention, abatement and control
of new or existing water pollution. (Natural Resources Article, Section 8-1402)

All domestic sewage shall be disposed of by an approved method of collection,
treatment, and effluent discharge that meets the requirement that it does not
cause pollution of the ground surface, ground water, bathing area, lake, pond,
watercourse, or tidewater, or create a nuisance. (Natural Resources Article,
Section 8-1402; Article 43, Section 387C, Department of Health and Mental
Hygiene Rules and Regulations, Section 10.03.27.47)

5. County water and sewer plans shall provide for the orderly expansion and
extension of community and multi-use water supply systems, community and
multi-use sewerage systems and solid waste disposal systems, in a manner
consistent with all applicable county and local comprehensive land use plans.
Sizing and staging of facilities construction shall also be consistent with
these plans. Adequate facilities shall be provided for to prevent the dis-
charge of untreated or inadequately treated sewage or other liquid waste and
to ensure that treatment, recovery, or disposal of solid wastes complies with
State laws relating to air pollution, water pollution, and land use.
(Article 43, Section 387C)

6. No building permit, subdivision plan, map or plat, providing for individual
or community water supply or sewerage system, or for solid waste acceptable
facilities, shall be allowed if it is not in conformance with a county water
or sewer plan. Thus:

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a. No building permit shall be approved (i) where existing facilities are
inadequate to serve the proposed development, taking into consideration
all other existing and approved developments in the service area, or (ii)
which will cause facilities for conveyance, pumping, storage or treatment
of water, sewage or solid waste to be overloaded.

b. No subdivision plat shall be approved in areas where facilities for
conveyance, pumping, storage, or treatment of water, sewage, and solid
waste to serve the proposed development, (i) would not be completed in
time to serve the development, or (ii) if completed, would not be adequate
to serve the development without overloading of the facilities.

(Article 43, Section 387C)

7. In order to prevent soil erosion and sediment transport from polluting and
despoiling state waters to such a degree that fish, marine life, and
recreational use of the waters are affected adversely, the Department of
Natural Resources shall establish criteria and procedures for the counties
and the local soil conservation districts to implement soil and shore
erosion control.programs. These procedures may provide for departmental
review and approval of major grading, sediment, and erosion control plans.
(Natural Resources Article, Section B-1101)

8. It is the policy of the Water Resources Administration.(a) to minimize loss
of life and property from flood damage by promoting State and local programs
which prevent the development of new damageable pioperty, (b) to assist in
the development and construction of sound, cost-effective flood control
structures, (c) to implement a storm water management program which will
effectively prevent an increase in the magnitude and frequency of flood flows,
thus preventing and increase in flood hazard, (d) to maintain the integrity
of the natural stream channel geometry, and (e) to encourage the design and
implementation of storm water management systems which minimize the entrainment
of pollutants and/or provide a reasonable degree of control of storm water
before runoff reaches the stream system. Flood control structures are considered
the least desirable of the available management methods of handling runoff-
related problems. (Natural Resources Article, Title 8, Subtitles 8, 9, 9A,
11, and 14, 56 Attorney General Opinions 478 (1971); Maryland Interim
Watershed Management Policy (November, 1977))

9. Storm water runoff collection, storage and/or conveyance systems should
simulate as closely as possible the features and functions of the natural
drainage system which are largely free of capital, energy, and maintenance
cost. The system selected should strike a balance among capital costs,
operations and maintenance costs, public convenience, risk of significant
water-related damage, pollution prevention, fish and ,,iildlife habitat
preservation, environmental protection or enhancement and other community
objectives. when engineering a site for a storm water management, two overall
concepts must be considered: (a) perviousness of the system should be
maintained or enhanced, and (b) the rate of runoff should be slowed. Methods

175

which tend to reduce the volume of runoff are preferred over methods which
tend to increase the volume of runoff. When considering possible solutions,
preference should be given to vegetation and porous systems over non-vegetative
or impervious choices. (Natural Resources Article, Title 8, Subtitles 8,
9, 9A, 11 and 14, 56 Attorney General opinions 478 (1971); Maryland Interim
Watershed Management Policy (November, 1977))

Implementation

Lead Agencies

State: Department of Health and Mental Hygiene (Air Quality, Noise
Control, Sewage Plant Contruction, Review of Water or Sewer
Plans)

Water Resources Administration (water appropriation, water
quality, sediment and stormwater control, non-point pollution
control, hazardous substances control)

Department of State Planning (review of local plans and
regulations; development of General Development Plan)

Regional: Council of Governments (non-point pollution planning)
Regional Planning Council

Local: Soil Conservation District's (sediment control)

Local Planning and Zoning Offices (development of comprehensive plans,
zoning ordinances, and other regulations)

Management Procedures

The principal focus of coastal zone management efforts with regard to
shoreland activities, in addition to the concerns discussed in previous sections,
is to ensure that they have minimal adverse offsite impacts, and that they do
not overwhelm (singly or cumulatively) the carrying capacity of the area in
which they are located. The management procedures used by State and local
governments to address such concerns are summarized below. The legal authorities
on which such procedures are based at both the state and local level are described
in detail in Chapter VIII "Legal Authority".

Local Governments:

Most factors related to shoreland activities are only of local interest,
and are addressed by local governments through comprehensive plans, zoning, and
regulation of activities, and developments within their boundaries. All of
Maryland's counties have, in fact, developed comprehensive plans, zoned all the
land within their boundaries, and established regulations to address particular
problems. They are also required to develop water and sewer plans to direct services
to developments within their jurisdictions. Thus, local governments in Maryland
have a substantial planning and regulatory infrastructure for addressing problems
associated with coastal resources and activities. The State becomes involved in

- 176

local land use decisions where such decisions would produce an adverse impact on
the State's natural resources, unduly tax the State fiscal resources or public
services, would interfere with the orderly operation of state-wide programs and
furtherance of state policies, or would have implications to land and water uses
in other jurisdictions.

Department of State Planning:

The Department of State Planning has the responsibility to review local
developmental plans, zoning ordinances, variances, and special exceptions for
consistency with state policies and interests. It may intervene in local
decisions to represent State interests, on its own initiative or upon the request
of another State agency, local government or interested person, in accordance
with the intervention procedures authorized by Article 88C, Section 2(g). The
Department of State Planning is also responsible for State plans to coordinate
development in the State. Included in these plans will be recommendations for
the most desirable patterns of land use within the State. These plans are to be
developed with the cooperation and advise of appropriate federal, state, regional,
and local government agencies.

Environmental Health Administration (Department of Health and Mental Hygiene:

The Environmental Health Administration administers sewage treatment facility
construction grants authorized by P.L. 92-500 (federal Water Pollution Control
Act Amendments of 1972) and the state's sewage treatment construction funds, in
conjunction with DNR and DSP. It is responsible for overseeing the county water
and sewerage planning process, establishing standards for individual water and
sewerage facilities, and permitting the construction of water and sewage treatment
facilities, and individual additions to water and sewerage systems. The activities
of EHA with respect to the regulation of water and sewerage facilities is further
described in the Section on Sewage Treatment Facilities.

The Environmental Health Administration is also responsible for the State's
air quality and noise control, and solid waste disposal regulatory programs.

The State's Air Quality and Noise Control Programs are administered by the
Bureau of Air Quality and Noise Control (BAQNC) of the Environmental Health
Administration of the Department of Health and Mental Hygiene.

BAQNC is organized into four divisions: Air Monitoring and Surveillance,
Program Planning and Evaluation, Compliance, and Engineering. The Planning
Division inventories and computerizes registered sources of air pollution, and
uses this information in air quality planning and impact assessment. The
Engineering Division regulates point sources of air pollution and provides technical
assistance to applicants attempting to meet emission standards. The Compliance
Division reinforces regulatory actions by inspecting and evaluating industrial
sources of pollution, and by coordinating legal actions with the Attorney General
and county health departments. The Monitoring Division operates an automated
monitoring system to determine air quality, and to establish a Pollutant Index for
the Baltimore Region and the Metropolitan Washington Council of Governments.

177 -

All existing air pollution sources in the State must be registered with
the Bureau. Major sources require annual operations permits, and new sources
must obtain a permit prior to the onset of construction.

There is little room for discretion in the administration of air quality
permits. After regional standards have been determined, applicants must demonstrate
that they can comply with the standard. Because the sole ground for permit denial
is noncompliance with the emission standards, the flexibility in the program lies
in the planning process by which standards are determined. Presently, Maryland's
standards are more stringent than the minimum Federal standards promulgated by EPA.
Visual emissions, for example, are strictly prohibited. Emissions standards have
been established for the entire State, segmented into seven air quality regions.

Noise emission standards, first issued in August, 1975, vary with time
of day and with type of land use zone (residential, commercial, industrial).
County and municipal governments are required to identify the State's sound level
limits on all zoning maps, comprehensive plans, and other appropriate documents.

To the maximum extent possible, local agencies will enforce noise standards.
The State's Noise Regulation Program responds to complaints from individuals or
units of local government about noisy conditions. Compliance is encouraged by
stiff fines and flexible variance allowed by the regulations. When violations are
detected, a schedule of compliance is negotiated.

The siting of sanitary landfills and refuse disposal sites, the handling
and. transfer of solid waste, and the disposal of sludge, are regulated by the
Bureau of Community Health Protection of the Environmental Health Administration.
Solid waste disposal sites must be consistent with county solid waste plans. State
evaluation does not begin until local approval has been secured. The State
approval process for sanitary landfills involves the Water Resources Administration,
the! Maryland Geological Survey, and any other interested agencies, The State
conducts an environmental suitability analysis to determine whether the use of
the site and the mode of operation poses any threat to public health and safety
of water resources. Land-use questions such as the effect of the landfill on
neighbo ring land values are resolved at the local level. Usually, only one out
of four sites are acceptable to the State.

The Department of Natural Resources:

The Department of Natural Resources is responsible for a variety of programs
to minimize the offsite impacts of shoreland development and to ensure that the
carrying capacity of coastal resources is not exceeded by shoreland developments.
These programs are described below.

Water Quality:

Control of direct discharges to tidal waters is basic to Maryland's approach
to minimizing offsite impacts of shoreland activities. under Maryland law, it is
illegal for any person to discharge pollutants into Maryland's waters without a
permit from the Water Resources Administration (WRA) of the Department of Natural
Resources. A permit is also required from WRA before anyone can "construct, install,
modify, extend, alter, or operate any industrial, commercial, or recreational
facility or disposal system, or any state-owned treatment facility, or any other

- 178

outlet or establishment, the operation of which would result in or be capable
of causing a discharge of pollutants into the waters of the state". (Natural
Resources Article, Section 8-1413) A permit issued under Maryland's water quality
permit program also qualifies a federal National Pollution Discharge Elimination
System (NPDES) permit.

To ensure the effective administration of this program, WRA has established
a computer system in which information concerning water quality conditions (obtained
from an extensive sampling program) and the status of permits are stored for ready
access, so that permit decisions on the proposed discharge area can be made based
on as much information as possible. The Water Resources Administration is also
undertaking a water quality modeling system to determine cumulative impacts of
discharges into tidal waters, and the relative contribution of point and non-point
discharges to water quality problems. The Water Resources Administration is also
responsible for issuing water quality certifications in conjunction with U.S. Army
Corps of Engineers Section 10-1404 permits.

Non-Point Pollution:

Detailed examination of sources and the control of non-point pollution in
Maryland's waters is proceeding with grants provided under Section 208 of the Water
Quality Amendments of 1972. Two regional agencies, the Baltimore Regional Planning
Council and the Washington Council of Governments have been designated to develop
208 plans for their regions. These two regions include the coastal counties
of Harford, Baltimore, Anne Arundel, Prince George's and Baltimore City. The
remainder of the state is non-designated, and the 208 plan for it is being
developed by the Water Resources Administration. This project consists of the
following tasks:

1. setting of priorities for investigation of water quality problem
areas;

2. inventory and projections for population, land use, environmental
parameters, etc.;

3. assessment of pollution loads from point and non-point sources;

4. development of alternatives management strategies;

5. development of alternative segment analyses and impact assessment tools;

6. selection of appropriate segment analysis and impact assessment tools;
and

7. final plan preparation.

The final 208 Water Quality Management Plans must integrate and build upon the
work done in local comprehensive sewer and water plans, the 303(e) water quality
management plans, the 201 facilities plans, Md. Environmental Service regional
plans (where available) and other state planning efforts that affect'water quality.
The State Steering Committee for Water Quality Management, which is composed of
respresentives of state and federal agencies, local governments, and citizen
representatives, coordinates these water quality efforts.

179 -

Water Appropriations:

A permit is required from WRA before anyone may use or appropriate any
surface or underground waters within the State. Before it approves a permit,
WRA must receive satisfactory proof that the proposed use will not violate Maryland
water quality standards, overdraw the water supply, or have other adverse impact on
the State's natural resources. In accordance with a legislative mandate, WRA
has developed a statewide water supply management plan to evaluate and implement
projects to satisfy projected water supply needs. The plan is used as an
information base to review not only individual projects but also county and water
supply plans, to identify deficiencies,and to evaluate alternatives to correct
such deficiencies.

Hazardous Substances

The Department of Natural Resources was given the responsibility by the
Hazardous Substances Disposal Act for designating and regulating the use of
hazardous substances.

Anyone operating a facility for the disposal of a designated hazardous
substance must receive a permit from DNR. If the facility operator must also
obtain a permit for refuse disposal from the Department of Health and Mental
Hygiene, he need not get two permits. DNR conditions are simply incorporated into
the Department of Health and Mental Hygiene permit conditions. Anyone who
transfers hazardous substances to a disposal facility must receive a certification
and have his vehicle certified by DNR.

The Water Resources Administration sets fees for permits, based on the
potential threat that hazardous substances may present to the environment, the
costs of monitoring the disposal operation, and the costs of developing the.programs.
Fees for permits, certification, or permit renewal are retained in a Hazardous
Substance Control Fund, which is used for emergency removal and mitigation of
hazardous substances, and for monitoring and control of hazardous substances.

SedimE@ntation/Stormwater Management:

Sedimentation, the most pervasive type of non-point source of pollution,
has been a focus of Maryland's attention for several years. The Water Resources
Administration and the County Soil Conservation Districts have developed criteria
to determine appropriate methods to control soil erosion and sedimentation.
According to state law, these methods must be adopted and implemented by county
and municipal governments, with the assistance of Soil Conservation Districts.
Before someone may begin any land clearing, construction, or development, he must
obtain a permit from the appropriate county, based on approval of his sediment
control plans by the soil conservation district. Projects undertaken by a state
or federal agency, or projects undertaken on state-owned land, must be approved
directly by WRA. The Water Resources Administration also has a continuing
responsibility for administrative review of local programs, to assure their
effective implementation.

180

According to the Attorney General's interpretation in 1971 of the Sediment
Control Act, State and local governments have the authority to include stormwater
management measures into sediment control ordinances. The Water Resources
Administration is now in the process of developing policy and criteria for storm-
water management, to be incorporated into the sediment control regulatory process
at both state and local levels. In addition, several countieg.have recently
passed stormwater management ordinances. Local Soil Conservation Districts may
also include stormwater management requirements in their policies and procedures
for review and approval of sediment control. Increased attention to this effort
has been spurred by passage of the Flood Control Measures for State Projects Act
of 1976, which requires incorporation of stormwater management or retention
measures into any project, constructed or funded by the state, which has the
potential of causing additional flooding.

Increased emphasis on maintaining natural features of a development site
(such as natural buffers and natural drainageways) as a valuable supplement to
man-made measures for sediment control and stormwater management, has become part
of the State's efforts to refine state and local sediment control programs and to
incorporate stormwater management concerns into such programs.

Coastal Zone Unit Role

Project Evaluation

Shoreland activities will be subjected to the project evaluation process in
accordance with referral mechanisms established with other state agencies, local
governments, and the Department of State Planning regional personnel (as discussed
in Chapter I and in previous sections). Developments will be analyzed to determine
if the relevant concerns have been addressed adequately. To complement the efforts
described in previous sections, the Coastal Zone Unit will work with local
governments and the Department of State Planning to resolve any outstanding issues,
utilizing intervention procedures only after other alternatives have been tried.
Issues subject to State or federal regulatory authority will be brought to the
attention of appropriate authorities for action.

Program Review

1. As described in more detail in the chapter on Local Government Involvement,
the Coastal zone Unit will provide technical and financial assistance to
local governments, to enable them to address problems associated with coastal
resources and activities, and to incorporate coastal zone policies into their
comprehensive plans, regulations, and zoning ordinances.

The Baltimore Metropolitan Coastal Area Study undertaken by the Coastal
Zone Unit, local governments in the area, the Regional Planning Council, the
Department of State Planning, the Department of Transportation, and the
Department of Economic and Community Development, has been a prototype effort
to ensure coastal zone management concerns are integrated into on-going local
planning and regulatory efforts.

181 -

2. As information becomes available on measures to control non-point pollution
and on mechanisms to ensure that the carrying capacity of areas are not
exceeded, the Coastal Zone Unit will work with the Water Resources Administration,
the Department of State Planning and local units of government, to incorporate
such information into local planning and regulatory activities.

3. Coastal Zone Unit will initiate the development of a data system recording
the location, size, and other factors of all subdivisions and other developments
in the area of focus, in order to determine the pattern, rate and cumulative
impacts of shoreline developments occurring within them.

AUTHORITIES RELATING TO SHORELAND ACTIVITIES IN GENERAL

Statutory Authority Management Technique Agency

Water Quality Permits Direct State Planning and DNR (WRA)
Art. NR, Section 8-1413 Regulation

Air Quality Program Direct State Planning and DHMH (EHA)
Art. 43, Section 690 et seq. Regulation

Noise Control Direct State Planning and DHMH (EHA)
Art. 43, Section 824 Regulation

Water Ap propriation Permit Direct State Planning and DNR (WRA)
Art. NR, Section 8-801 B-802 Regulation

Hazardous Substances Disposal Direct State Planning and DNR (WRA)
Act Regulation
Art. NR, Section 8-1413.2

Sediment Control Law State Standards for Local DNR (WRA)
Art. NR, Section 8-1101, et seq. Implementation
interpreted by 56 Att'y Gen.
Op's 478 (Ap. 6, 1971)

DSP General Authority/ Review of Local Plans and DSP
Intervention Procedures Decisions with State
Article 88C Intervention

182

MAJOR FACILITIES
IN THE L ZONE

V@ J@
111 A
COASTA

D. MAJOR FACILITIES

The Maryland Coastal Zone Management Program will give particular
attention to the siting and operation of major facilities such as sewage
treatment facilities, energy facilities, and transportation facilities. In
the non-shoreland portions of the coastal zone, they will be the primary
concern of the Program.

Specific Legislative Requirements

Several of the requirements of the Coastal Zone Management Act and the
regulations issues pursuant to it, pertain specifically to such facilities:

National Interest: Section 306(c)(8) of the federal Coastal
Zone Management Act requires that the State's Coastal Zone
Management Program give "adequate consideration of the national
interest involved in planning for, and in the siting of, facilities
(including energy facilities in, or which significantly affect,
such state's coastal zone) which are necessary to meet requirements
which are other than local in nature". With regard to such
facilities, the State must give consideration to any applicable
interstate energy plan or program. "Adequate consideration of
the national interest" means that Maryland must consider such
facilities in a national context, and must not arbitrarily exclude
or unreasonably restrict them without good and sufficient reasons.

The Coastal Zone Management Program Administrative Rules and
Regulations (Section 923.15) list a number of facilities which are
other than local in nature, the siting of which may therefore be
national interest. These include (but are not limited to): energy
production and transmission facilities, mineral resource lands and
facilities, interstate transportation networks, and sewage treatment
plants. Considerations of national interest have been integrated
into Maryland's procedure for taking inventory of coastal resources
and identifying existing or potential uses based upon analyses of
resource suitability and impact.

Energy Facilities Planning: Section 305(b)(2) of the Act requires
that a State's Coastal Zone Management Program include:

"A planning process for energy facilities likely to be
located in or which may significantly affect, the coastal
zone, including, but not limited to, a process for
anticipating and managing the impacts from such facilities."

183

- Uses of Regional Benefit: Section 306(c)(2) requires that a state's
Coastal Zone Management Program include a method for ensuring that
local land and water use regulations within the coastal zone do not
unreasonably restrict or exclude uses of regional benefit.

To meet these requirements, Maryland's Coastal Zone Management Program's
approach has been to ensure that state and local goverments:

1. make decisions on the location and operation of major facilities
based on best available information and methods concerning land
and water resource capability and economic suitability.

2. Use the project evaluation-process (see Chapter I) to ensure that
decisions regarding major facilities are made in the most objective
manner possible, taking into account existing economic, social and
natural conditions.

For the purposes of the Program, the term "major facilities" includes
any development meeting one or more of the following criteria:

1. A facility which may be needed to meet the national or state
interest (as defined by law).

A facility that is required to service or support another
facility which may be needed to meet the national or state
interest.

3. A public facility which represents a major investment of public
funds, and whose effectiveness may be seriously affected by its
location.

4. A facility which may have or create direct and significant
economic, evironmental, social, and fiscal impacts upon the
citizens of Maryland.

The following types of facilities meet the criteria described above and
are subject to various state authorities. All have been identified by the
Coastal Zone Management Act of 1972 and the regulations issued pursuant to
it as having implications which are larger than local in scope. The siting
of these facilities may entail issues of national interest.

1. OCS-Related/Oil/Natural Gas Facilities

a. pipelines
b. intermediate production terminals
c. processing plants (for liquid natural gas)
d. refineries
e. storage facilities
f. operation bases
g. fabrication yards

184

2. Electric Generating Facilities

a. fossil-fuel plants
b. nuclear-fuel plants
C. transmission lines

3. Ports

4. Industrial Parks, particularly those used by;

a. primary metal production industries
b. chemical and allied product industries
C. food and kindred product industries
d. stone, clay, glass product industries

5. Mineral Extraction Facilities

6. Large-scale Residential Facilities

7. Sewage Treatment Facilities

8. Land Transportation Facilities

The Major Facilities Study was undertaken by the Coastal Zone Unit to
develop an information base to enable state agencies and local governments
to make better decisions regarding the siting and operation of the first
six types of such facilities. The latter two types are the subject of study
by state agencies, as described in the last two sections of this chapter.
The purpose of the major Facilities Study is to identify:

1. Areas within Maryland's coastal counties in which the natural
and socio-economic environments are suitable for major facilities.

2. Areas where expansion or increased use of existing sites can
take place without significant adverse impacts.

3. A method for evaluating the potential impacts of proposed
major facilities and alternative development strategies.

Identification of such areas will enable state and local units of
government to evaluate development proposals for compatibility with their
long-range objectives, alternatives to the proposed development, and potential
economic, fiscal, social, and environmental impacts.

The process of identifying such areas has involved the following steps:
(1) development of an inventory of the relevant operating characteristics of
each major facility, (2) regional screening to identify areas with high
potential (from a natural, social, economic, and environmental standpoint)
for suitable sites for such facilities, and (3) development of a method for
resolving conflicts associated with the siting and operation of major facilities.

185

The results of the study will be used:

1. By local governments to identify areas for designation as State
Critical Areas.

2. By the Power Plant Siting Program to identify potential power
plant sites.

3. By the Department of Economic and Community Development to
identify priority development areas to receive funding under
the Maryland Industrial Land Act.

4. By the Maryland Port Administration in its port development
programs.

The remainder of the,subsections on Major Facilities describe, for
each type of facility, the factors of concern to the Coastal Zone Management
Program. Relevant program objectives and policies are specified, appropriate
authorities are listed, and the Coastal Zone Unit's role in project
evaluation and program review is described. The regulatory authorities and
management procedures described in the previous sections, particularly the
Section Shoreland Activities in General, also apply to decisions on the siting
and operation of major facilities.

186

ONSHORE OCS/OIL/NATURAL GAS FACILITIES

Situation

The United States Department of Interior is leasing tracts of the nation's
Outer Continental Shelf (OCS) to increase domestic production of oil and gas.
The resulting increase in exploration, development and production of offshore
petroleum resources is likely to affect a number of communities along the
Atlantic Coast. Lease sales affecting Maryland are lease sale 40, held in
1976, lease sale 49, scheduled for February 1979, and lease sale 59, scheduled
for August 1981.

The location, types, numbers, characteristics, and timing of onshore
support and processing operations for Atlantic OCS energy activities are
triggered by offshore events and activities related to OCS exploration,
development, and production. Significant (economically viable) discoveries
of oil and gas reserves may create the need for several types of onshore
facilities -- including fabrication yards, service bases, pipeline facilities,
various types of production terminals, refineries, auxiliary industrial
facilities, gas treatment plants, and marine terminals. Each type of facility
is associated with a different, sometimes overlapping, phase of the OCS
development process, and each has varying economic (e.g., labor, income),
environmental, and social effects on existing community conditions.

At present, it is not known how much oil and gas exists off Maryland's
coast. There have been only a few deep exploratory wells in the Baltimore
Canyon Region (the OCS Resource Province off the coast of Maryland, Delaware,
and New Jersey). The U.S. Geological Survey estimates that as much as 0.4
to 2.6 billion barrels (bbl) of crude petroleum and from 2.6 to 12.8 trillion
cubic feet (tcf) of natural gas may be discovered and produced over a 25-year
period. The possibility also remains, on the other hand, that there are no
recoverable hydrocarbons in the Mid-Atlantic OCS.

Both the search for and production of offshore oil and gas is fraught
with uncertainty. Many factors not clearly understood include:

1. The mix of oil and gas present.
2. Where and when it will be found.
3. Its quantity.
4. Its means of extraction and transport to shore.
5. Where and how it will be processed.

187

All of these factors are initially unpredictable, except within broad
limits. They become clear only gradually, as each oil and gas field is
proven to be economically viable and is actually brought into production.

In the lease sale #40 area, exploratory drilling, the first step in
OCS development, will begin by the end of 1977. Estimates for offshore
activities must be made to anticipate onshore consequences, and strategies
must be developed to prepare to deal with them.

Most recent studies indicate that the need for expanded or additional
refinery capacity is minimal. Studies conducted by the American Petroleum
Institute, the Bureau of Land Management, and the Office of Technology
Assessment see no need for increasing refinery capacity as a result of new
discoveries of oil and gas in the Atlantic region. Any demand for new or
expanded refineries will result from increases in demand (energy consumption)
rather than as a consequence of identifying new sources of supply. In the
short term, Atlantic petroleum resources would simply substitute for more
expensive foreign sources of oil and gas. However, the demand for oil and
related products is projected to exceed refinery capacity over the next
quarter century. Therefore, in the long run, new or additional refinery
capacity will probably be needed in the Atlantic Coast region.

Maryland has been preparing for potential development of oil and gas
resources on the OCS for over two years. The Coastal Facilities Review Act
was passed by the Maryland General Assembly in 1975. Rules and Regulations
for that Act were promulgated by Maryland in 1976.

Technical studies have also been undertaken,. Studies completed or
underway include:

1. Maryland Outer Continental Shelf Development of State and Local
Powers to Manage Onshore Impacts of offshore Development; August,1976.

2. Identification and Analysis of Mid-Atlantic onshore OCS Impacts;
January, 1976.

3. The Maryland Major Facilities Study; October, 1977.

Maryland is also cooperating with federal agencies in the review and
analysis of multi-state and national OCS studies including:

1. onshore Facilities Related to offshore Development

New England River Basin Commission - RALI Project

2. Development and Testing of a Set of Methodologies to Assess Selected
Onshore Impacts of Offshore Petroleum and Gas Development

National Science Foundation, office of Coastal Zone Management,
Bureau of Land Management

- 188

The Maryland Major Facilities Study is of particular importance. It
provides means whereby Maryland may interact with oil and gas organizations
on siting and site evaluation. Areas displaying least negative environmental
constraints and maximum economic opportunities for OCS onshore facilities
have been identified, and will be published as part of the Major Facilities
reports.

Issues

State and local governments must coordinate their activities and regulatory
actions concerning the siting and operation of major facilities, with federal
government cooperation and consistency, to meet the following objectives of
the Coastal Zone Management Program:

(13) To encourage the inland siting of facilities which are not
shoreline dependent, and to promote the location of only
necessary shoreline-dependent activities, in shoreline areas
where adverse social, economic, and environmental impacts can
be minimized.

(14) To encourage the location of necessary new coastal facilities,
whether industrial, commercial or residential, in already developed
areas capable of accommodating additional development, in areas
suitable and planned for redevelopment, or in areas determined
by scientific study to be environmentally and economically
suitable for development.

(15) To discourage the location of major new or expanded facilities
on or immediately adjacent to Resource Protection Areas or
Hazard Prone Areas.

(27) To insure the use of thorough assessments of probable energy
benefits, positive and negative economic effects, probable
social and environmental impacts, and the value of the public
resources involved, as the basis for decisions on the development
and production of Outer Continental Shelf resources.

(28) To insure that coastal counties, if affected by development
related to energy facilities, obtain sufficient financial and
technical assistance to adequately plan for and C'ope with the
social, economic and environmental impacts of such development.

(38) To provide adequate representation of the interests of the
State of Maryland in federal decisions regarding the exploration
and development of Outer Continental Shelf resources.

189

Investigations and decisions must consider whether or not:

- Studies utilize sound, state-of-the-art methodology.

- Adequate environmental, socio-economic data, and data regarding
OCS exploration, production and development are available.

- Lack of data delays decisions.

- Recommendations conform with all applicable state and Federal
environmental statutes and regulations.

- Recommendations would mitigate significant environmental and
socio-economic impact.

- Recommendations resolving conflicts, where attainment of State
and Federal standards or prevention of significant impact is not
in question, are developed with an appropriate balance between
economic cost and environmental benefit.

- Adequate coordination is maintained with agencies and organizations
affected by siting decisions, in order that their concerns may
be factored into studies and recommendations in a timely manner.

- The public has ready access to information and the opportunity to
provide input and feedback on issues of concern,

policies

1. Facilities covered by the provisions of the Coastal Facilities Review
Act (CFRA)are subject to comprehensive state review prior to permit
decisions on their siting, construction, and operation within Maryland.
CFRA facilities are defined as:

- Pipelines carrying crude oil or natural gas ashore from offshore
sources.

- Intermediate production terminals or refineries.

- Crude oil storage facilities; natural gas transmission, processing
or storage facilities; operation bases; or fabrication yards.

- 190

2. No CFRA facility certification will be granted in a coastal county unless:

a. The facility meets all applicable air, water, noise, and solid waste
laws of the State.

b. The facility conforms with county or local land use planning, and
with the official county or local comprehensive zoning map, the
State Development Plan, and the State Coastal Zone Management Program.

C. The facility would have no significant adverse effect upon the natural
environment of the area, its scenic or natural beauty, its rare or
irreplaceable natural resources, or its unique historic sites.

d. The facility would not be located or constructed so that adverse
effect upon the public health, safety, or welfare would result.

e. The facility would not pose an undue burden on the water supply of
the site or region.

f. The facility would not contribute to undue environmental degradation
or resource exhaustion.

g. The facility would have no adverse affect upon areas identified and
designated as State Critical Areas.

h. The facility would not impose a burden on existing State regional
or county public facilities beyond their respective capacities.

i. New public facilities, if required as a result of the construction
and operation of the facility:

1. Would be completed in time to serve the facility, or

2. Would be adequate to serve the facility without causing
over-loading or the public facilities.

j. There are fewer undesirable environmental, economic, fiscal, and
cultural consequences in its proposed location than in other
locations.

(Natural Resources Article 6-508)

Implementation

Lead Agency: Energy and Coastal Zone Administration

191 -

Management Procedures

The location of oil, natural gas, and OCS-related facilities in the
State's coastal counties is regulated by the Coastal Facilities Review Act
(CFRA), and is administered by the E&CZA in conjunction with other state
agencies and local units of government. Facilities covered under this Act
include natural gas facilities, pieplines, intermediate oil production terminals
or refineries, oil and gas storage facilities, operation bases, and fabrication
yards. These facilities must receive certification from the Department of
Natural Resources before construction may begin. The Secretary of Natural
Resources is required to designate someone to draft an environmental, economic,
and fiscal statement on the proposed facility, to be used to determine whether
to issue the permit. The Secretary also receives advisory comments from the
Secretaries of State Planning, Health and Mental Hygiene, Economic and Community
Development, and Transportation.

The CFRA specifies that, before the State can process a permit application
including the impact statement, the county where the facility is to be located
(or where the pipeline is to terminate) must certify that all appropriate local
approvals will be granted or that it wishes to stay its decision. If there is
no local government action within 60 days after notice of application appears
in the Maryland Register, the Department of Natural Resources may assume that
the local government has stayed its decision and may proceed. However, the
Secretary of Natural Resources may not issue a CFRA permit until the local
government certifies its approval of the project.

The review of pipelines presents a special case, since in many cases
pipelines may be able to cross Resource Protection Areas, such as tidal wetlands,
with minimal adverse impacts, if proper installation procedures are followed
s.
objective #14 may not be applicable in the case of certain pipeline proposal'

In addition, it should be noted that Baltimore City is presently exempted
from the provisions of the Coastal Facilities Review Act However, facilities
constructed within its boundaries are still subject to all other applicable federal,
state and local regulations.

Coastal Zone Unit Role

Project Evaluation

The Coastal Zone Unit has been designated as the state agency to carry out
the comprehensive review of onshore OCS/oil natural gas facilities required by
CFRA. Such reviews will constitute detailed project evaluations.

Program Review

The Coastal Zone Unit will help local governments plan for and cope with
the consequences of coastal petroleum and natural gas facilities, with technical
information from such sources as the Major Facilities Study, and with funds from
the Coastal Energy Impact Program.

- 192

The Coastal Zone Unit will also work with those federal agencies
which have responsibility for review and approval of the siting, construction,
and operation of onshore OCS/oil/natural gas facilities, to insure that the
State's interest is represented and considered in their actions.

AUTHORITIES RELATED TO ONSHORE OCS/OIL/NATURAL GAS FACILITIES

Statutory Authority Management Technique Agency

Coastal Facilities Review Act Direct State Planning and DNR (E&CZA)
(Natural Resources Article, and Regulation
Section 6-501 et seq.)

193 -

ELECTRIC GENERATING FACILITIES

Situation

Additional fossil fuel and nuclear power plants will be needed in the
future, in spite of the successful implementation of energy conservation
programs by individuals, and by commercial and industrial establishments.
Realistic projections of demand growth, approximately 5% per year, indicate
that Maryland will require an additional 11,000 megawatts of generating capacity
by 1992. Assuming that the size of future power plants is equivalent to 2,400
megawatts for nuclear plants (two 1,200 megawatt units) and 1,600 megawatts for
fossil plants (two 800 megawatt units), as many as 5 nuclear power plants or
7 fossil fuel plants (or combination of both) will be needed by 1992.

Because the production and transmission of energy are potentially major
contributors to environmental degradation, decisions regarding energy policy
alternatives require comprehensive environmental analysis. In the production
and distribution of electricity, conflicts between environmental constraints,
citizen preferences, and socio-economic issues relating to power plant siting
have been widely publicized. Recognizing the understandable controversy surrounding
efforts to increase the production of electric power, the State of Maryland
established a Power Plant Siting Program (PPSP) in 1971. The enabling legislation,
which specifies that the surcharge which funds PPSP will expire in 1985, was
structured to ensure that future demands for electric power would be met at
reasonable cost, while stimultaneously ensuring that the natural and socio-economic
environments would be protected. The law provides for the development of a
sound public policy framework for resolving conflicts among various interest
groups, by providing scientifically sound information for decision-makers. In
P
addition to predicting the impact of proposed new generating units, assessing the
impact of existing generating facilities, and acquiring alternate sites for needed
generation, scientific information gaps are being filled by a long-range, stably-
funded, and well-designed reasonable program.

Utility plans for constructing and operating new power plants determine
the number and location of utility-owned sites to be studied by the Site
Evaluation segment and the Impact Assessment segment of the program. For the
past several years, utility plans have been subject to fluctuation, due in part
to changes in energy demand patterns, utility financing problems, and regulatory
uncertainty. These fluctuations are continuing. Applications have been submitted
to NRC for Douglas Point (construction permit) and Perryman (early site review).
The Brandon Shores plant will come on-line in 1980. Also requiring evaluations
are other utility-owned coastal sites listed in the utilities' 10-year plans:
Sollers Point and Northwest (BG&E), Canal Site and Seneca Point (Philadelphia
Electric). In addition, Delmarva Power and Light Company is undertaking studies
to identify a site on the Eastern Shore in 1977.

194

The Power Plant Siting Program, through its Site Acquisition segment,
is also in the process of identifying a suitable site on the Eastern Shore in
1977. When this site is acquired, it will be banked for utilization by Delmarva
Power and Light Company to meet either immediate or long-range needs.

A major external influence on State activities is exerted by the evolution
of State and Federal laws and regulations. State air quality standards have
been revised. State water quality regulations are being revised, requiring
studies to determine if cooling towers must be retrofitted. New EPA regulations
for Prevention of Significant Deterioration require new techniques for predicting
and measuring long-range air pollutant dispersion. Inclusion by the NRC of 14 C
in its predictions of radioactive materials release by power plants may require
� new radioactive dose model for Calvert Cliffs. NRC regulations have established
� new procedure, Early Site Review, which allows site suitability to be determined
prior to a construction permit application. Legislation enacted by the 1977
General Assembly requires that PPSP work with local governments to determine
transmission line routes from State-owned sites to the existing transmission grid.

The effect of State and Federal laws and regulations created a need to
expand impact prediction and assessment from a site perspective to a regional
scale. Areas of regional study currently include aquatic impact, hydrologic
modeling, long-range transport of air pollutants, socio-economic impact modeling,
and regional-based site selection techniques.

Issues

This situation requires that state and local governments, with federal
cooperation and consistency, develop accurate and adequate information for
decisions related to the environmental and socio-economic impact of existing
and proposed power plants, to ensure adequate electric power on reasonable
schedules at reasonable costs with a minimum depreciation of the quality of
Maryland's environment, consistent with the following objectives of the Coastal
Zone Management Program:

(13) To encourage the inland siting of facilities which are not
water de2endent, and to encourage the location of water
dependent facilities in shoreline areas where adverse social,
economic, and environmental impacts can be minimized.

(14) To encourage the location of new coastal facilities, both
industrial and residential, in already developed areas
capable of accommodating additional development, in areas
suitable and planned for redevelopment, or in areas determined
by scientific study to be environmentally and econmically
suitable for development.

(15) To discourage the location of major new facilities on or
immediately adjacent to Resource Protection Areas or Hazard
Prone Areas.

195 -

(28) To ensure that coastal counties, if affected by devti__ORM_(@@t
related to energy facilities, obtain sufficient financial
and technical assistance to cope adequately with the
social,economic or environmental impacts of such deveLqpm4@@n.

(37) To promote coordination of state and local governmental
programs with those of relevant federal agencies and neighboring
states to minimize duplication of efforts, conflicting actions,
and regulatory permit processing delays.

Investigations and decisions must consider whether:

-Studies utilize sound, state-of-the-art methodology.

-Environmental, socio-economic, and power plant data are adequate.

-Need for additional data unnecessarily delays decisions.

-Recommendations conform with all applicable State and Federal
environmental statutes and regulations.

-Recommendations would mitigate significant environmental and socio-
economic impacts.

-Recommendations resolving conflicts, where attainment of State
and federal standards or prevention of significant impact is not
in question, are developed with an appropriate balance between
economic cost and environmental benefit.

-Adequate coordination is maintained with agencies and organizations
affected by siting decisions, in order that their concerns may be
factored into studies and recommendations in a timely manner.

-members of the public have ready access to current information and
the opportunity to provide input and, feedback on issues of concern.

-Procedures for improving the siting process, such as joint State@
federal hearings, early site review, and delegation of environmental
decision-making from federal to state agencies,have been investigated.

1,olicies

1. It is the State's policy to ensure that adequate electric power is
provided on reasonable schedule, at reasonable costs and with the least
possible depreciation of the quality of Maryland's environment. (Natural
Resources Article, Section 3-304).

- 196

2. In reviews of applications for certificates of public convenience and
necessity, the following criteria will be considered in evaluating power
plant sites and transmission lines. (Natural Resources Article, Section 3-304):

a. The recommendations of local governments and state agencies;

b. Present and future power demands;

c. Impact upon system stability and reliability;

d. Economic impact (including fiscal and employment impacts and impacts
on public services); irretrievable commitments of resources;

e. Environmental impact on air and water quality;

f. Impact upon wetland areas;

g. Impact upon fish and wildlife resources and habitats;

h. Radiological impacts;

i. Noise impacts;

j. Aviation safety;

k. Potential impacts on aesthetics and on historic and archeological sites;

1. Potential impacts on public open space, recreational, and natural areas; and

m. Potential impacts on state critical areas.

3. Power plants shall be sited, constructed, and operated in a manner which
minimizes their impacts on tidal wetalnds, aquatic resources, terrestrial
resources, significant wildlife habitat, public open space, recreational, and
natural areas, air and water quality, and the public health, safety, and welfare.
(Natural Resources Article, Sections 1-302, 1-303, 3-301 et seq., 8-1402,
8-1405, 8-1413, 9-102, 9-202, and 9-306)

4. A certificate of public convenience and necessity will not be granted to any
facility which would violate federal or state air or water quality standards.
(Natural Resources Article, Sections 1-103, 3-304, 8-1413, Article 78, Section
54A, 54B, 57 Attorney General Opinions 439 (1972))

5. The State will utilize its power plant monitoring and research programs to
determine how power plants affect human health and welfare and the vitality
of the State's natural resources. (Natural Resources Article, Section 3-303,
3-304)

6. The State will identify, evaluate and acquire 4 to 8 power plant site.
(Natural Resources Article, Section 3-305)

Implementation

Lead Agencies: Power Plant Siting Program
Public Service Commission

197

Management Procedures

State Agencies

The Maryland Power Plant Siting Program (PPSP) is an interdepartmental
program involving six State Departments - Agriculture, Economic and Community
Development, Health and Mental Hygiene, Natural Resources, Planning, and
Transportation - with DNR as lead agency. The five Departments are represented
on all advisory committees. PPSP staff coordinate studies with other Departments.
Special arrangements are made as needed. For example: PPSP and DSP jointly
administer a study forecasting long-term electric energy demand. A PPSP staff
member is responsible for liaison with Bureau of Air Quality and Noise Control
(BAQNC) location at BAQNC offices, to facilitate communication. A PPSP staff
member works in DHMH's Environmental Laboratory, where radiological data
analysis equipment,purchased by PPSP and DHMH,is centrally housed. PPSP
coordinates the official recommendations from all six state Departments, which
are provided to the Public Service Commission at its public hearings on
certificates of public convenience and necessity for power plants. Communication
(primarily regarding technical information) is also maintained with the Energy
Policy office (EPO). Statewide energy policy programs being developed by
EPO and the Coastal Zone Management Program will provide useful frameworks for
the results of PPSP studies.

Local Government

Local governments are represented on the Power Plant Siting Advisory
Committee (PPSAC). Public meetings on PPSP studies are arranged in cooperation
with local governments. PPSP provides information from its studies to local
governments and solicits input from them, particularly on sites of local interest.
Prior to issuance of a Certificate of Public Convenience and Necessity, the PSC
considers recommendations from local governing bodies and representatives as
part of the formal public hearing process. When a state-owned site is acquired,
the county government is-requested to establish an Interim Use Advisory Committee,
which. makes recommendations on interim uses of the site to PPSP.

Citizen Groups

Citizen groups are represented on PPSAC and the Environmental Research
Guidance Committee (ERGC). Public meetings are held on site-specific studies
to inform the public and to obtain input from them. All information developed
by PPSP is available to the public.

Coordination of Government Agencies and outside organizations

1. Advisory Committees:

a. Power Plant Siting Advisory Committee (PPSAC):

This independent committee is composed of representatives
of State and local agencies, utilities, citizens group, and other
institutions. It periodically reviews PPSP activities and advises
the Secretary of DNR on policy matters.

- 198

b. Environmental Research Guidance Committee (ERGC):

This committee is composed of experts familiar with research
on environmental and socio-economic impacts, It advises PPSP on
technical aspects of the program's research element,

c. Major Facilities Study Steering Committee (MFSSC):

This ad hoc committee,composed of representatives of state and
local agencies, citizens groups, and industry, advises PPSP and
the Coastal Zone Unit of E&CZA on their joint study of major facility
siting in Maryland's Coastal Zone. PPSP will use this study as a basis
for acquiring a power plant site on the Eastern Shore.

2. Federal Agencies

a. Specific Licensing Proceedings:

PPSP represents Maryland in NRC licensing proceedings and
provides technical support to other state agencies, particularly
the Water Resources Administration and the BAQNC, in their dealings
with federal agencies such as EPA and the U.S. Army Corps of Engineers
on air and water quality licensing matters.

b. General Licensing Considerations:

PPSP is actively involved with the Federal/State Siting
Coordinating Committee, which seeks to identify and implement means
for improving the licensing and permitting process. As a result of this
Committee's work, Maryland became the first state to hold a joint
hearing with the NRC on a proposed nuclear power plant at Douglas Point.

C. Technical Information Exchange:

PPSP conducts research projects jointly funded by federal
agencies (e.g., the Chalk Point Cooling Tower Project jointly
funded by PPSP, ERDA, EPA, and EPRI). Technical consultation
prior to and during licensing proceedings is conducted between
PPSP technical contractors, federal contractors, and staff, to
identify issues of mutual concern, resolve potential conflicts,
and exchange data.

i99

COaLStal Zone Unit Role

Project Evaluation

Working relationships have been established between Coastal Zone Unit
and PPSP (sister units of the E&CZA) regarding the evaluation of power
plants. For example, potential power plant sites on the Eastern Shore are
being identified as part of the Major Facilities Study.

The Power Plant Siting Program will also incorporate certain concerns
in its project evaluations to permit comprehensive analysis of the conflicts
between economic cost and environmental benefit in the siting, construction,
and operation of power plants. These include:

1. Considering inland sites for electric generating facilities
as part of the Regional Screening Method for selecting candidate
power plant sites.

2. Considering the trade-offs between constructing new facilities or
expanding electric generating facilities at existing sites in the
evaluation of PSC Ten-Year Plan.

3- Encouraging beneficial, multiple use of new coastal power plant sites.

Program Review

The Coastal Zone Unit will assist local governments to plan for power
plant siting, construction, and operation, by providing funds for technical
assistance to develop programs that mitigate secondary growth impacts of
such facilities. Funds earmarked by the Coastal Zone Management Program for
local governments will be used. Coastal Energy Impact Program (CEIP) funds
may also be requested for financing- necessary improvements in public services,
and for replacing or restoring environmental or recreational areas lost to the
pourer plant. Priorities for funding CEIP requests will be subject to
evaluation by the Coastal Zone Unit with the assistance of CRAC.

AUTHORITIES RELATING TO ELECTRIC GENERATING FACILITIES

Statutory Authority Management Technique Agency

Power Plant Siting Act Direct State Planning and DNR (E&CZA)
(Natural Resources Article, Regulation
Section 3-301 et seq.)

- 200

PORTS

Situation

The ports of Maryland, including Baltimore, Cambridge, and Salisbury,
constitute major economic enterprises that serve the needs of major import,
export, and regional waterborne commerce of Maryland and the nation. other
ports such as Piney Point and Cove Point are single purpose ports. Directly and
indirectly, they provide a substantial number of jobs and income to the State.

The port of Baltimore contains a mix activities related to waterborne commerce,
such as public marine terminals operated by the Maryland Port Administration,
private marine-oriented industries such as Bethlehem Steel and Sea-Land, railroad
and road on-off loading centers, and agricultural processing operations such as
the Amstar sugar refinery.

The port of Cambridge, developed with public funds by the Maryland Port
Administration, serves-the agricultural industry on the Eastern Shore. Salisbury
Port is a privately developed and operated port area which receives refined oil
products, agricultural products and dry bulk goods. Piney Point is a single
purpose post, receiving and storing refined oil products for use in Southern
Maryland. Cove Point is a single purpose port for receiving and processing liquid
natural gas.

Existing port areas in the state, as well as proposed future port areas,
are currently being studied to determine what types of new port-related activities
might be stimulated by new port facilities. Baltimore Harbor is Maryland's
largest single economic entity as well as the largest, most diversified port.
Project studies on expansion and development of port facilities to meet present and
future port needs in Baltimore Harbor are underway. Studies investigating the
feasibility of a commercial port at Crisfield are also underway. There are already
two existing ports on the Eastern Shore. The potential facility at Crisfield would
have to compete with them for the limited markets for the Eastern Shore imports
and exports. However, there is increasing support for the concept of a regional
port complex involving Crisfield, Cambridge, and Salisbury. Based on the results
of the studies underway, the State of Maryland will determine if development of
port facilities at Crisfield is economically advantageous to the local and state
interests. The studies will also recommend implementation alternatives.

Port development can have major environmental consequences, especially in
relatively undisturbed areas. The considerable dredging required to create and
maintain navigation channels can modify the hydrology of a harbor, result in
salinity variations, degrade existing aquatic resource values, and create a
disposal problem. The problems associated with dredging and maintaining navigational
channels and the State's approach to resolving them is described in the Section
on Dredging and Dredged Material Disposal. In@addition, ports that handle oil
products involve risks of oil and/or liquid natural gas spills. Ports also have
landside impacts, since a port generates a large volume of heavy truck traffic
and usually spurs intensive industrial and urban developments.

201

Other factors of concern to the State of Maryland relating to port
development and operation include the following:

1. Factors relating to port technology and environmental conditions
that involve complicated port development procedures;

2. Corp of Engineers operations, budgets, and inflationary pressures
that have reduced the amount of dredging possible at a constant
funding level;

3. Mini-landbridge operations which cause diversion of containerized
cargo from one port to another, with part of the cost absorbed
by the ship operator;

4. Hazardous substances, vessel traffic control systems, and operations
of deepwater terminals;

5. The lack of a clearly defined, national policy for water resource
development and water transportation;

6. Methods of ensuring optimal allocation of the limited capital
available to port development; and

7. Corp of Engineers adoption of regional and programmatic approaches
to port dredging projects.

Issues

This situation necessitate s that state and local governments coordinate
their activities and regulatory actions with federal government cooperation
and consistency, to meet the objectives identified in the Coastal Zone Management
Program:

(13) To encourage the inland siting of facilities which are not
shoreline dependent, and to encourage the location of necessary
shoreline-dependent activities in shoreline areas where adverse
social, economic, and environmental impacts can be minimized.

(14) To encourage the location of necessary new coastal facilities,
whether industrial, commercial or residential, in already
developed areas capable of accommodating additional development,
in areas suitable and lanned for redevelopment, or in areas
determined by scientific study to be environmentally and
economically suitable for development.

(15) To discourage the location of major new or expanded facilities or
immediately adjacent to Resource Protection Areas or Hazard
Prone Areas.

(16) To ensure the viability of Maryland's port areas, and to ensure
that their development is carried out in an environmentally sound
manner.

- 202

(20) To ensure that adequate water, sewer, and transportation services
are provided before new coastal developments are approved by state
and local governmental agencies.

(24) To identify environmentally suitable methods of dredging and
disposing of dredged material, including using dredged material
beneficially, to meet long-term needs resulting from navigational
projects, state and local governmental projects, and major private
projects, and to oppose the use of methods found to be environmentally
unsuitable.

(25) To prevent the filling of the State's tidal waters unless there
is no feasible alternative and the proposed project is in accordance
with the goals and objectives of the Coastal Zone Management Program.

(29) To ensure that hazardous substances are utilized and disposed of in
a manner which prevents aa toxics, lethal, or sublethal effects
to plant, aquatic or animal life, which prevents disposal of the
substance into terrestrial or aquatic ecosystems.

Investigations and regulatory procedures must consider whether or not a
proposed action will:

- Provide needed port capacity and improvements in an environmentally
suitable and economical manner.

- Create adverse impacts on state and private tidal wetlands or aquatic
resources.

- involve excessive dredging and disposal of dredged material,

- Cause water quality problems such as oil spills.

- Create or aggravate shore erosion problems adjacent to navigation
channels.

- Decrease safety or increase congestion, and interfere with existing ship
traffic.

- Provide for adequate and safe navigation aids and maintenance of
navigation channels.

- Necessitate additional data, thus delaying regulatory decisions.

- Utilize sound, state-of-the-art methods, and to adequate environmental
socio-economic data in all studies.

203

- Conform with all applicable State and Federal environmental statutes
and regulations.

- Mitigate significant environmental and socio-economic impact.

- Maintain adequate coordination with agencies and organizations affected
by siting decisions, so that their concerns may be factored into studies
and recommendations in a timely manner.

- Ensure that the public has ready access to current information, and
the opportunity to provide input and feedback on issues of concern.

Policies

1. Maryland will plan, develop, maitain, operate, and regulate - in cooperation
with local jurisdictions and as a supplement to the facilities and services
provided by private enterprise - a transportation system which adequately
meets the need for movement of people and goods while: supporting local,
regional, state and national goals; providing for and facilitating a pattern
of physical development which can be effeciently served by transportation;
preserving the unique qualities of Maryland's historical and natural resources;
maintaining fiscal integrity, and strengthening the economy of Maryland. In
order to develop and operate such a transportation system, Maryland will develop
and maintain a continuing comprehensive and integrated transportation planning
process, including a State Master Plan for Transportation. (Transportation
Article, Section 2-103; Maryland Transportation Action Plan)

2. The development of port facilities in existing port areas by the private
sector is in the public interest. However, private operators in port areas
have a responsibility to provide modern port and harbor facilities suited to
the public that they serve. Therefore, if private facilities are inadequate
or inadequately operated at any time, the Maryland Port Administration may
construct and operate any supplementary public facilities that are required
-to meet the public interest. (Transportation Article, Section 2-103)

3. In carrying out its duties, the Maryland Port Administration may acquire,
construct, reconstruct, rehabilitate, improve, maintain lease, repair, and
operate port facilities within its territorial jurisdiction, including the
dredging of ship channels and turing basins and the filling and grading of
land. It may designate the location and character of all port facilities and
improvements and regulate all matters related to the location and character
Of these facilities and improvements. However, the Maryland Port Administration
must comply with all local planning and development regulations, state and
federal standards to the same extent as a private commercial or industrial
-enterprise. (Transportation Article, Section 6-204, 6-501)

204

4. The expenditure of public funds requested for port construction and operation,
including the dredging of ship channels and turning basins, and the filling
and grading of land, will be evaluated on the bases of a) existing and
projected business conditions, freight rates and port services, b) physical
surveys of channel conditions and structures, c) need for port facilities
to develop, improve, and more speedily handle'commerce, d) economic impact
of these funds on existing public facilities, e) beneficial effects of the
project on the environment f) measures such as monitoring, maintenance, and
replacement that might minimize potential adverse environmental effects and
maximize potential beneficial environmental effects; and g) reasonable
alternatives to the project that might have fewer adverse environmental
effects or greater beneficial environmental effects (including the alternative
of no action). Loans to local subdivisions for the acqdisitionorconstruction
of port facilities shall be based on such considerations. (Transportation
Article, Sections 6-204, 6-307; Natural Resources Article Section 1-302, 1-303)

5. Location and regulation of private port facilities necessary to service OCS
exploration, deve*lopment, and production will be evaluated pursuant to the
Coastal Facilities Review Act. (Natural Resources Article, Section 6-501)

6. The Governor shall ensure that state interests are adequately represented in
federal decisions regarding deep-water port applications. The State's
position shall be based upon a comprehensive analysis of the proposed project
by the Department of Natural Resources, subject to review by the State
Legislature. The following factors shall be considered in the development
of the state's position:

a. Environmental factors including: the effect on the marine environment;
the effect of land-based developments related to deepwater port
development; the effect on human health and welfare; and the effect
on the state's Coastal Zone Management Program under Sections 307(A) and
(B) of the Federal Coastal Zone Management Act of 1972.

b. Economic, social and cultural factors.

C. Impacts on existing and future state and local public facilities and
services.

d. Evidence presented at public hearings held within the State, either
required under the Federal Act or conducted by the State.

e. The findings of any statement prepared pursuant to Section 6-506 of
the Coastal Facilities Review Act, and the status of any permit action
pursuant to that Act.

f. Views of all interested state, county and local governments.

(Natural Resources Article, Section 3-501 et seq.)

205

7. Baltimore Harbor is the State's primary maritime commercial and industrial
center. Consequently, new privately operated port facilities designed to
open new areas of the coastal zone will be discouraged unless a port-
related development is necessary to serve a specific necessary industrial
use requiring water access. (Transportation Article Section 2-403, 6-102,
6-204, 6-606; Natural Resources Article, Section 1-302, 1-303, 8-203, 8-1402,
8-1405, 9-102, 9-202, 9-306)

8. Commercial port facilities must be adequately sited, constructed and
operated pursuant to a) local comprehensive plans, zoning ordinances,
and performance contracts, b) all applicable air, water, noise and solid
waste laws of Maryland, c) the Maryland Coastal Zone Management Program,
d) the State Development Plan, e) the State Critical Areas Program, and
f) the Coastal Facilities Review Act. Commercial port facilities which
cause congestion problems, safety problems, excessive dredging, adverse
impacts on water quality and aquatic resources are not consistent with the
public interest. (Transportation Acticle Section 2-103, 6-102, 6-204,
6-206, 6-304, 6-305, 6-309; Natural Resources Article, Section 1-302, 1-303,
6-501 et seq., 8-203, 8-1402, 8-1405, 9-102, 9-202, 9-306)

Implementation

Lead Agencies:

Maryland Port Administration (development and operation of public
ports, assistance to provide ports as appropriate)

Water Resources Administration (water resources regulations)

Coastal Zone Unit (port facilities associated with onshore OSC
facilities)

Maiiagement Procedures

Public Ports

The Maryland Port Administration of the Maryland Department of Transportation,
conducts all public facility planning, acquisitions, construction, and
operation. General procedures for conducting Maryland Port Administration
activities are outlined in Maryland's Transportation Action Plan. The Action
Plan calls for comprehensive master planning, systems planning, and project
planning prior to the acquisition or construction of a public port facility.
opportunities for involvement at all stages of the planing process are provided
to all other state agencies and affected local subdivisions.

After plans are completed, additional public and agency review is afforded
at permit review stages. Permits and licenses requiring local approval, and
related to water quality, wetlands, and Corps of Engineers Section 10-1404
authority will be addressed at this stage.

206

Local and Private Ports

Local governments may sponsor local studies for private port development.
40 if public funds are utilized, public input and review procedures are incorporated
into study implementation. If private funds are utilized, a port project is
not subject or review until it is brought forward for local zoning, and state,
and federal permits. Local governments may also apply to the Maryland Port
Administration for funds to acquire or construct port facilities. When a port
project is brought forward, it will be reviewed by the Department of State Planning
for consistency with provisions of the State Land Use Act of 1974. Private port
projects are also regulated by local governments, and require issuance of wetland
licenses/water quality certification and Corps of Engineers Section 10-404
permits. If a port facility is associated with an onshore OCS facility, it is.
subject to a comprehensive review under the provision of the Coastal Facilities
Review Act. However, it should be noted that Baltimore City is presently exempted
from the provisions of the Coastal Facilities Review Act. However, facilities
constructed within its boundaries are still subject to applicable federal, state
and local regulations.

Deepwater Ports

The 1977 State Deepwater Ports Act requires the Governor to submit to state's
position on proposed deepwater ports applications to the Federal Government within
30 days of the last public hearing held on the application, so that the State's
views will be adequately addressed in the federal government's decision on the
application. The Governor is to develop the State's position based upon review
of the application by the Department of Natural Resources, and action will be
taken by the state legislature to confirm or modify his recommendations on the
proposed application.

Coordination with Federal Agencies

Present federal authority over ports and harbors is fragmented among more
than 50 federal organizations. The major federal agencies involved in port
development and operation are the U.S. Army Corps of Engineers, the Maritime
Administration, and the U.S. Coast Guard.

Maryland works with these organizations to ensure that state and federal
actions are properly coordinated.

Coastal Zone Unit Role

Project Evaluation

The procedures outlined in the Maryland Transportation Action Plan provide
for a comprehensive cooperative review of publicly-funded port developments with
the Department of Transportation playing the lead role. The Coastal Zone Unit
will ensure that those issues pertaining to consistency with the Coastal Zone
Management Program are fully considered in the planning phase of such reviews.

207 -

Privately constructed port projects will be subjected to the project
evaluation process as described in Chapter I, to ensure that all Coastal Zone
Management Program goals, objectives and policies are addressed at the earliest
stages of port development. Conducting a unified review with all interested
concerns will assist in timely and efficient permit evaluations. Special
emphasis will be placed on economic justification, site suitability, as well
other environmental and economic impacts of the proposed action.

Private ports where there will be a transfer of oil-related products and
materials will be subject to a full project evaluation as outlined in On
Shore OCS/Oil/Natural Gas Facilities.

The Coastal Zone Unit involvement in Federal port-related projects, such
as dredging of navigation channels and development of vessel traffic system is
described in the Section on Dredging and Dredged Material Disposal and Commercial
Shipping.

Program Review

In establishing working arrangements between the Coastal Zone Unit, the
Maryland Port Administration and the Division of Transportation, Planning,
and Development of the Department of Transportation, local governments, and
private individuals or corporations, the following concerns regarding the siting
construction and operation of port facilities will be addressed;

1. The continued development of state and local planning procedures
that consider a) the overlapping private, local, state and federal
responsibilities associated with harbor and port improvements, b)
Maryland's competitive position relative to other ports in the Mid-
Atlantic service area.and to competitive hinterlands, and c) the scarcity
of waterfront land, especially where other types of urban activities
compete for the same waterfront location.

2. Continued cooperative state and local port planning programs that
address the need for the long-term capital investments in channel
improvements, land acquisition, landward transportation facilities,
terminals, and equipment.

3. Initiation of studies and inventories to improve the existing information
base on port development and management.

4. Use of methods and tools developed as part of the Major Facilities study
to assist public and private organizations plan for and anticipate the
benefits and costs of port development.

- 208

AUTHORITIES RELATED TO PORTS

Statutory Authority Management Technique Agency

Transportation Article Direct State Planning and Maryland Port
Subtitle 6 MPA Regulation Administration

Natural Resources Article Direct State Planning and Maryland Port
Subtitle 3 Regulation Administration
MEPA Department of
Natural Resources

Natural Resources Article Direct State Planning and Department of
Title 9 and Regulation Natural Resources
Wetlands Law (WRA)

Natural Resources Article Direct State Planning and Department of
Subtitle 6 and Regulation Natural Resources
CFRA and Deepwater Ports (E&CZA)

Article 41 State Standards and Funding Department of
Section 330-346 for Local Acquisition Economic and
MILA Community
Development (EDD)

County Comprehensive Local Planning and Department of State
Zoning and Subdivision Regulation/State Inverven- Planning
is Regulations (Article tion
88C, Section 2(q); Article
66B; Article 25, Section
5(d) and Article 88C(q)

Rivers and Harbors Act Federal Consistency/State Federal: U.S. Army
(Section 10) Water Quality Certification Corps of Engineers
Federal Water Pollution State: DNR (WRA)
Control Act Amendments
(Section 404)

209

INDUSTRIAL PARKS

Situation

An industrial park is generally defined as an assembly of land under
one management which provides facilities useful for several kinds of industries.
The development of a park is generally based on a comprehensive plan containing
land use requirements such as:

- Street design which facilitates truck and other traffic.

- Rail and utility layout.

- Proper setbacks, minimum lot size, floor area ratios, and buffer zones.

- Architecture and landscape requirements.

- off-street parking and loading regulations.

The average size of an industrial park in the United States is 312 acres,
although projects in excess of 500 acres are becoming increasingly commonplace
(Urban Land Institute, 1975). Ultimately, the size of an industrial park is
determined by market demand, absorption rate of the development period, the
constraints of available sites, and the nature and extent of government regulations.
A typical industrial park accommodates a variety of uses, including manufacturing,
warehousing and distribution facilities, research and development, and commercial
uses. A broad range of manufacturing activities are locating in industrial
parks, and in fact,most types of manufacturing industries are suitable for
location within an industrial park.

The marketability of the industrial park concept is of great importance
to the local community, and industrial park locations have proven to be extremely
attractive to industry for reasons such as the presence of related or "linked"
industries, the availability of utilities and transport services, the compatibility
of continguous land uses, and the savings resulting from the absence of
traditional start-up costs.

The extent of environmental and socio-economic impact on the area around
an industrial park largely depends upon the size of the park, its resident
industries, and prevailing conditions in the surrounding area.

- 210

The advantages of Maryland's geographical position are widely recognized
by American industry. The State lies at the center of a large multi-state
economic region encompassing the northeast, southeast, and mid-west market
areas. The diversity of Maryland's industry is evidenced by the fact that of
the 451 types of manufacturing industry classified by Standard Industrial
Classification, 363 are located in Maryland, making products as divergent as
apple juice and zinc castings.

Maryland provides industries with a variety of site choices and locations:
Industrial park locations include both urban and suburban settings in such
locales as Baltimore, Cambridge, Salisbury, and Easton. Baltimore, Cambridge,
and Salisbury offer sites for water-oriented industries. Local municipalities
and counties have zoned lands for industry or are establishing industrial
districts on municipally owned land. The City of Crisfield in Somerset County
is currently investigating the feasibility of a port-oriented industrial park
to serve the agricultural industry on the Eastern Shore.

Issues

This situation necessitates that state and local governments coordinate
their activities and regulatory actions, with federal cooperation and consistency
to meet the following objectives of the Coastal Zone Management Program.

(13) To encourage the inland siting of facilities which are not
shoreline dependent, and to encourage the location of
necessary shoreline-dependent activities in,shoreline areas
where adverse social, economic and environmental impacts
can be minimized.

(14) To encourage the location of necessary new coastal facilities,
whether industrial, commercial residential, in already
developed areas capable of accommodating additional development,
in areas suitable and planned for redevelopment, or in areas
determined by scientific study to be environmentally and
economically suitable for development.

(15) To prevent the location of major new or expanded facilities
on or immediately adjacent to Resource Protection Areas or
Hazard Prone Areas.

(16) To ensure the viability of Maryland's port areas, and to ensure
that their development is carried out in an environmentally
sound manner.

211 -

(18) To promote use of the State's coastal resources to meet social
and economic needs in an environmentally compatible manner.

(20) To ensure that adequate water, sewer, and transportation services
are provided before new coastal developments are approved by
state and local governmental agencies.

(34) To ensure coordination and use of existing state and local
governmental programs to achieve the Program's objectives.

Investigations and decisions must take into consideration whether or not:

- Studies utilize sound, state of the art methods.

-Social, economic and fiscal data are adequate.

-All recommendations conform with state and federal environmental
statutes and regulations.

-Adequate public services are available or will be provided.

-All recommendations would mitigate singificant economic disfunctions
and protect fiscal soundness.

-Adequate coordination is maintained with agencies and organizations
affected by siting decisions in order that their concerns may be
factored into studies and recommendations in a timely manner.

- The public has ready access to current information and the opportunity
to provide input and feedback on issues of concern.

Policies

1. It is State policy to provide for the economic welfare of the State's
residents through programs and activities that develop properly the State's
natural resources and economic opportunities. The State promotes and
encourages the location of new industries and buisnesses in Maryland as
well as the expansion of existing industries. (Article 41, Section 258)

2. The acquisition and preservation of industrial sites can best be accomplished
by cooperative programs between the State and its political subdivisions,
including loans to local governments. A decision on a loan to a local
government will be based on the following considerations:

a. Whether the project may reasonably be expected to attract industry
and create new employment opportunities.

b. The amount of benefit, in terms of economic development and employment
opportunities, which the project may reasonably be expected to generate
in relation to similar benefits of other proposed projects, and in the
context of the total funds available for lending.

212

c. Whether the project, as planned, will be in compliance with zoning,
sanitary, and other laws or regulations applicable to the project.

d. whether and to what extent federal or other funds are available or
are likely to become available for the project.

e. The positive and negative effects of the proposed project on the
environment, including environmental effects that are likely if the proposal
is implemented, and effects that are likely if it is not implemented.

f. Measures that might be taken to minimize potential adverse environmental
effects and maximize potential beneficial environmental effects, including
monitoring, maintenance, replacement, operation, and other follow-up
activities.

g. Reasonable alternatives to the proposed action (including the alternative
of no action) that might have fewer adverse environmental effects or more
beneficial environmental effects.

(Natural Resources Article, Section 1-302, 1-303, 1-304 and Article 41,
Section 439, 440, and 441)

4. Industrial parks will be carefully sited and planned to insure compatibility
with surrounding land and water uses, constraints imposed due to standards of
air, noise and water quality, minimization of other environmental impacts, and
provision or availability of adequate water supply, waste water treatment, and
transportation facilities. (Natural Resources Article, Section 1-302, 1-303,
8 1405, 9-102; Article 88C)

5. Industrial park areas identified within state critical areas designated for
utilization purposes will be given priority for state or federal funds used
for acquisition or construction of industrial parks. (Article 88C 2(g);
Article 41, Section 440, 441)

Implementation

Lead Agency: Department of Economic and Community Development

Management Procedures

State Agencies:

Where state or federal funds are involved in the development of the industrial
park, the Department of Economic and Community Developmentacts as lead agency, with
staff -level coordination with the Departments of Natural Resources, State Planning,
Health and Mental Hygiene, and Transportation.

State funding is available for the following sources all administered by
the Department of Economic and Community Development:

Maryland Industrial Lands Act - Local governing bodies and counties can
obtain loans up to $500,000 per project to purchase these lands, which can
then be sold or leased to industries wishing to utilize the land. In addition,
there exists a program to loan local governing bodies funds up to $1,500,000
to finance selected infrastructure costs of industrial parks, including
construction of shell buildings.

- 213 -

MaKyland Industrial Development Financing Authority (MIDFA) - Provides
up to 90% guaranteed mortgages for real estate and 70% for machinery
and equipment. This program is limited to manufacturing, warehousing,
research and development, tourism facilities, corporate headquarters,
and regional office buidlings. Interest may be exempt from income tax
in accordance with Internal Revenue Service regulations.

Industrial Revenue Bonds - 100% financing for real estate, machinery,
and equipment, is possible for manufacturing, warehousing, research and
development facilities, corporate headquarters, regional office buildings
and pollution control facilities. Interest may be exempt from income
tax pursuant to Internal Revenue Service regulations.

Development Credit Corporation (DCC) - Loans for 100% of costs are
possible, although loans are generally made for less than 75%. Any
business or industrial enterprise unable to obtain funds from conventional
sources is eligible. Interest is charged at a rate not more than 4%
in excess of the prevalent prime rate on unsecured commercial loans in
the City of Baltimore.

Maryland Area Redevelopment Act - In designated areas, the State of
Maryland can match the participation of the communities in the financing
of EDA projects to a maximum of 5% of the total cost. The interest
rate charged by the State is limitied to 4%.

Funding assistance for the development of industrial parks is also
a.vailable from federal agencies such as the Economic Development Administration
(EDA); Small Business Administration (SBA & SBIC); and Farmers Home Administration
(FmHA) . 9

The Department of Economic and Community Development considers the following
factors in reviewing applications for state and federal financial assistance
for industrial parks, in addition to the policies stated above:

1. project description - including location, size, slope, geologic
characteristics, current land use, title condition, development
schedule, financing schedule;

2. service inventory - including rail, truck, air, water transportation
needs, utility needs# water, sewerage, and solid waste needs;

3. environmental impact study - including impacts on adjacent properties,
air, land, water, noise impacts;

4. general suitability of the project for incorporation into an industrial
park - including such factors as local industrial absorption over time
analysis of industrial prospects, industrial orientation factors (labor,
markets, resources, amenities) and community attitudes;

214

5. zoning description - including present and anticipated zoning;

6. other laws and regulations which must be enforced - including air
quality, water quality, land use;

7. description of land acquisition plan;

8. appraisal of current market value of land;

9. existing employment coordination;

10. analysis of industrial land supply in the county;

11. analysis of economic impact and feasibility of the proposal;

12. estimated local costs;

13. evidence of a shortage of suitable industrial sites.

Applicants for state funds are instructed to contact appropriate state and
local agencies for input into all aspects of the application, particularly
environmental and economic impacts. Applicants for federal funds must submit
a full EIS as stipulated by NEPA.

The Water Resources Administration and Environmental Health Administration
are involved when the industrial park applicant applies for construction-related
permits and approvals, such as these related to wetlands, flood plain alteration,
water quality, air quality, and water and sewer facilities.

The Department of State Planning reviews both the zoning map and individual
zoning changes from other uses to industrial uses for compatibility with
state plans, programs and policies.

Local Government:

Industrial parks are zoned for use through the County Comprehensive
Planning and Zoning Process. Thus, sites chosen should be compatible with
planned uses of surrounding land, and with the county's schedule for provision
of public water, utilities, sewerage solid waste, and transportation facilities.

Coastal Zone Unit Role

Project Evaluation

All applications to the Department of Economic and Community Development
for funds to assist a local government or municipality defray costs of
industrial land or an industrial park project for these industries will be

215 -

forwarded to the Coastal Zone Unit. Coastal Zone Unit shall determine if
adequate consideration has been given to all economic and environmental
issues in accordance with the project evaluation process described in
Chapter I. Particular attention will be paid to industrial parks involving
industries handling: food and kindred products, chemical and allied products,
stone, clay, and glass products, and primary metals products.

For parcels of land greater than 100 acres, all rezoning or zoning
classification changes allowing any such industries will be subject to project
evaluation process.

Such project review will enable decision makers to consider environmental
as well as economic constraints prior to receiving requests for permits for
the project. Project evaluation will also enable local and state agencies to
consider fully the merits of zoning changes and the optimal allocation of
state funds for@industrial development.

It should be noted that proposals involving individual industries
will be subjected to the project evaluation process if they involve one
of the concerns discussed in previous sections (e.g., porposal location in
tidal or non-tidal floodplain etc.).

program Review

l.. Coastal Zone Unit will encourage counties desiring industrial growth to
make use of the industrial park concept rather than make case-by-case
determinations on every industrial rezoning or zoning change.

2. Coastal Zone Unit and the Department of Economic and Community Development
will assist counties to locate and plan industrial park sites, through the
use of the Major Facilities Study.

216

AUTHORITIES RELATING TO INDUSTRIAL PARKS

Statutory Authority Management Technique Agency

Maryland Industrial Land Act State Standards and Funding DECD (EDD)
(Article 41, Section 440 to for Local Land
446) Acquisition

Maryland Industrial Development State Standards Bonding and DECD (EDD)
Finance Authority and Industrial Funding Local Land
Buildings for Counties and Acquisition
Municipalities (Article 41,
Section 266-)

County Comprehensive @oning and Local Planning and Regulation/ DSP
Subdivision Regulations, DSP State Intervention
review/Intervention (Art. 88C,
Section 2(q); Art. 66B; Art. 25,
Section 5(d) and Art. 88C(2)(q)

State Critical Areas Program State Standards for Local DSP
(Art. 88C, Section 2(b)(3) Implementation

217

MINERAL EXTRACTION FACILITIES (SAND AND GRAVEL)

Situation

Sand and gravel have been defined as "continuously graded, unconsolidated
materials that appear in the earth's surface, generally resulting from the
natural disintegration of rocks".

. Estimates of sand and gravel supply have been made for parts of Maryland's
Coastal Zone. It has been estimated, for instance, that there are 3.6 billion
tons in Southern Maryland. However, there is no published estimate of accessible
sand and gravel deposits which might produce economic yield. In some areas,
notably the metropolitan Baltimore area, there is not such abundance. Many deposits
have been covered by urban and suburban development, and, in some areas,
mining conflicts with other land uses, so that mining is impossible. It is
estimated that a 10- to 15-year supply for general construction does exist
within the State.

However, currently available data on sand and gravel resources is
insuffcient. In areas where there is sand and gravel, the suitability for
mining is dependent on a number of factors, and on-site inspection and core
drilling is usually required.

The Maryland Geological Survey is currently in the process of compiling
information on sand and gravel resources. It is based upon literature review,
field investigations, aerial photographs at 1:20,000 scale, LANDSAT
photographs, and personal communications with operators and mapping geologists.
The end result of this project will be publication of a mineral resources
map for each county. The completion date for this compilation has not been
set. The map for Anne Arundel County was, however, published in December, 1976.

Total combined commercial consumption was more than 12.5 million short ton
16 metric tons) in 1973,valued at close to $30 million. Over 98% of the
sand and gravel used in Maryland in 1973 was transported by truck, and less
than 2% was transported by rail.

There.are approximately 150 active sand and gravel operations involving
extraction sites in Maryland. Extraction sites are locations where sand and
gravel are removed from the earth. Where processing, storage, or loading
facilities are continguous to points of extraction, these facilities are included
in the definition of extraction site. However, there are numerous borrow pits
which are less than one acre in size and are not included in the above estimate.

218

Extraction operations range widely in size. Large companies have central
storage and ancillary facilities of approximately 220 acres served by satellite
feeder pits ranging from 10 to 50 acres. There are also numerous smaller
independent operations with sites of 1 to 75 acres. Depending on the operator
and the market, excavation and processing may be continuous, intermittent, or
temporary.

Three distinct methods of extraction are practiced: dry pit, wet pit,
and dredging of rivers, bays, and oceans. In the dry pit method, sand and
gravel are removed from above the water table. Fifty percent of production in
the United States is from dry pits. The wet pit method is a land operation,
accounting for approximately 35% of the nation's production, by which materials
are removed by dragline or barge-mounted dredges from above and beneath the
water table. Dredging, accounting for 15% of the production in the USA, recovers
sand and gravel from lakes, bays, rivers and estuaries. In some areas of the
country, the depletion of onland supplies of sand and gravel will require the
dredging of offshore supplies in the ocean where large deposits are believed to
be located.

In a typical operation, sand and gravel are processed prior to transport
to the user. Excavated materials are dumped into a hopper. After passing
through separation,screens, gravel and rock are separated and crushed. The
remaining materials are pumped to a hydroseparator and sandscrew separator,
where coarse sand is cleaned and removed. Fine sand is then similarly treated.
The sized, cleaned products are then stored separately, ready for transportation
to the user. Where there is dredging, processing may take place directly on
the dredge, or after pumping to a land-based site.

A by-product of processing is the waste effluent, which is generally treated
in holding ponds where high concentration of suspended solids are removed. Waste
fines may be settled out by detention, or may be treated chemically with flocculating
agents. In many cases, operators are able to maintain closed systems whereby
the processing water is recycled continuously.

Disposal of the sediment,or waste fines from process waters is a serious
problem for many operators. Where available, already disturbed areas such
as those previously mined are used. However, space for disposal is not often
available, and is expensive when it is available. Approximately 90 million tons
of waste fines are generated annually in the United States by sand and gravel
operations, and only a small portion of these wastes can be recovered for productive
use.

Implications of sand and gravel operations to the environment can be
significant, and include:

1. Intrusions of operations into floodplains, causing an increase
in the rate of sedimentation.

219 -

2. The reduction in aquatic and wildlife habitat by stripping and
mining operations.

3. Compatibility of the operations to on-site or adjacent land and
water uses, including reuse of mined areas after shutdown.

Issues

This situation requires state and local governments to develop accurate
and adequate information on the economic supply and demand for sand and
gravel resources, and the environmental impacts of extracting these resources,
to coordinate their activities and regulatory actions, with federal government
cooperation and consistency, to meet the following objectives of the Coastal
Zone Management Program:

(2) To protect, maintain, and improve the quality of the
State's tidal waters for propagation of wildlife, fish and
aquatic life, and for human use and enjoyment

(5) To protect coastal terrestrial areas of significant resource
value-areas having scenic, scientific, geologic, hydrologic
biological or ecosystem maintenance importance such as non-tidal
wetlands, endangered-species habitat, significant wildlife
habitat. and wintering and resting areas for migratory birds.

(14) To encourage-the location of necessary new coastal facilities
whether industrial, commercial or residential, in already developed
areas capable of accommodating additional development, in areas
�iuitable and planned for redevelopment, or in are@Ls determined by
scientific study to be environmentally and economically suitable for
development

(15) To discourage the -location of major new or expanded facilities on
or immediately adjacent to Resource Protection Areas or Hazard
Prone Areas

(17) To encourage the wise usp, of coastal--mineral resources with
due regard fgr protection of the environment, and to require
X-e ahilitation Qf affected land for iaseful purposes where mineral
extraction has been.deemed appropriate.

Investigations and decisions must consider whether or not:

- Studies utilize sound, state-of-the-art methods.

- Environmental data are adequate.

220

- The proposed location and manner of operation conforms with all
applicable state and federal environmental statutes and regulations.

- The proposed manner of location and operation mitigates significant
environmental impacts.

- Adequate coordination is maintained with agencies and organizations
affected by a mining operation, in order that their concerns are
factored into studies and recommendations in a timely manner.

- Members of the public have ready access to current information and
the opportunity to provide input and feedback on issues of concern.

Policies

1. While the extraction of minerals by mining is a basic and essential activity
contributing to the economic well-being of Maryland, mining must be conducted
in a way which minimizes its effects on the surrounding environment. Proper
reclamation of mined land is necessary to prevent undesirable land and water
impacts that are deterimental to the general welfare, safety, beauty, and
property rights of Maryland residents. (Natural Resources Article, Title
7-6AO2)

2. Permits for surface mining opertions will not be granted if:

a. The operation will have an unduly adverse effect on wildlife
or fresh water, estuarine, or marine fisheries.

b. The operator has failed to provide applicable permits from
all State and local regulatory agencies responsible for air
and water pollution and sediment control.

C. The operation will constitute a substantial physical hazard to
a neighboring house, school, church, hospital, commercial or
industrial building, public road, or other public or private
property existing at the time of application for the permit.

d. The operation will havea significantly adverse effect on the
uses of a publicly owned park, forest, or recreation ares existing
at the time of application for the permit.

e. The operator does not posses a valid surface mine operator's license
or is subject of action brought against by the Department of Natural
Resources.

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f. Inadequate consideration has been given to:

1. The effects of the proposed action on the environment, including
adverse and beneficial environmental effects that are reasonably
likely if the proposal is implemented or if it is not implemented.

2. Measures that might be taken to minimize potential adverse
environmental effects and maximize potential beneficial
environmental effects, including monitoring, maintenance,
replacement, operation, and other follow-up activities.

g. Previous experience with similar operations indicates a significant
probability that the operation will result in substantial deposits
of sediment in stream beds or lakes, landslides, or will cause other
water pollution.

(Natural Resources Article, Sections 1-302, 1-303, 1-304, 7-6AO6, 7-6AO7,
,7-6AO9)

3. No surface mining permit will be issued unless it is conditioned upon
compliance with an approved mining and reclamation plan. (Natural Resources
Article, Section 7-6A10)

Implementation

Lead Agency: Water Resources Administration (regulation)
Maryland Geological Survey (conduct of mineral resource surveys)

Management Procedure

State

In order to extract minerals other than coal, a surface mining permit must
be obtained from the Water Resources Administration. When a complete application
for such a permit is received, it is reviewed, approved, or denied within 60 days
in accordance with the above policies. During this review period, the Department
of State Planning reviews the application for zoning and land use consistency. The
comments of other agencies, that may have concerns about the project, such as
the Maryland Fisheries Administration and the Maryland Wildlife Administration are
also requested. Depending on the physical nature of the area proposed for mining,
permits for wetlands, watersheds, or discharge, may also be required. If more
than one permit is necessary, the Water Resources Administration will hold joint
hearings.

The Maryland Geological Survey is responsible for conducting periodic surveys
of the status of mineral extraction sites and for compiling information on sand
and gravel resources generally.

Local Government

Mineral extraction activities.require from a county either a special zoning
district classification, or a special exception to another type of zoning
classification. Department of State Planning reviews county zoning decisions
concerning sand and gravel mining regulations when reviewing zoning ordinances
and maps.

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Coastal Zone Unit Role

Project Evaluation

In order to assist Water Resources Administration in ensuring that
Coastal Zone Management concerns are adequately considered, applications for
permits for surface mining in the coastal zone's floodplain areas, other
environmentally sensitive areas, or other areas in which singificant economic,
social or economic impact may occur, will be subjected to the project evaluation
process described in Chapter I.

Program Review

1. The Coastal Zone Unit will assist the Maryland Geological Survey and other
government agencies to identify areas of significant mineral resource value.

2. Where mining is allowed by county zoning regulations, the Coastal Zone
Unit will work with other units of the Department of Natural Resources
and with units of local government to determine, to the extent possible
with available data, whether mineral resources are present in quantities
which make mining economically feasible, and to determine whether the
minerals can be extracted in a manner which minimizes adverse environmental
impacts.

3. The Coastal Zone Unit will work with the Water Resources Administration to
develop permit and reclamation guidelines which would deter surface mining
in environmentally sensitive or important areas.

AUTHORITIES RELATING TO MINERAL EXTRACTION FACILITIES (SAND
AND GRAVEL

Statutory Authority Management Technique Agency

Surface Mining Act (Natural Direct State Planning and DNR (WRA)
Resources Article, Section Regulation
7-6AO1 et seq.

County Comprehensive Zoning and Local Planning and County Planning
Subdivision Regulations/DSP Regulation/State and Zoning Office
Intervention Intervention DSP
(Art. 88C, Section 2(q);
Art. 66B; Art. 25, Section
5(d))

223

LARGE-SCALE RESIDENTIAL FACILITIES

Situation

The shorelines of the State are increasingly popular locations for
large residential developments, both seasonal and permanent. The construction
of such facilities may cause significant adverse impacts by exceeding the
carrying capacity of areas to support such facilities, by exceeding the capacity
of local communities to provide public services for them, by causing increased
sedimentation and non-point pollution problems, and by disturbing areas
containing valuable natural resources,including wildlife. These residential
facilities may also necessitate the construction of public facilities such
as sewage treatment plants and-highways, which in turn promote more growth.
This situation is addressed in the Sections on Sewage Treatment Plants and
I'and Transportation Facilities.

Issues

This situation necessitates that state and local governments coordinate
-their activities and regulatory actions, with federal government cooperation
and consistency, to meet the following objectives of the Coastal Zone
Management Program:

(2) To protect, maintain, and improve the quality of the State's
tidal waters for propagation of wildlife, fish and aquatic
life, and for human use and enjoyment._

(5) To protect coastal terrestrial areas of significant resource
value-areas having scenic, scientific, geologic,
biological or ecosystem maintenance importance such as non-tidal
wetlands, endangered species habitat, significant wildlife habitat,
in-dwintering and resting areas for migratory birds.

(14) To encourage the location of necessary new coastal facilities,
whether industrial, commercial or residential, in already developed
areas-capable of accommodating additional development, in areas
suitable and planned for redevelopment, or in areas determined by
scientific study to be environmentally and economically suitable
for development.

(18) To promote use of the State's coastal resources to meet social and
economic needs in an environmentally compatible manner.

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(20) To ensure that adequate water, sewer, and transportation services
are provided before new coastal developments are approved by
state and local governmental agencies.

(22) To ensure the incorporation of storm water management measures
in state and local regulatory programs that would require runoff
from a development site, to maintain, to the maximum extent possible,
water quality and quantity conditions that prevailed naturall .

(23) To promote the maintenance of natural buffers along, and natural
drainage ways feeding to, coastal tributaries and estuarine waters
to minimize adverse environmental effects of coastal devel2pments
and activities.

In order to meet these objectives, the following issues must be addressed
in planning and regulating activities concerning large-scale residential
developments in coastal areas:

- Strict application of air and water quality, waste water disposal,
sediment and stormwater, and other standards in development plans;

- Consistency with State development plans, State water quality river
basin plans, as well as local comprehensive plans, water and sewer
plans, and zoning;

- Service by adequate facilities including water supply, waste treatment
and transportation;

- Adequate sediment and stormwater measures, both structural and
non-structural, to minimize off-site impacts;

- Provision of adequate recreational and open space areas;

- Impact on water quality, aquatic resources, tidal and non-tidal
wetlands, significant wildlife habitat areas, archeological sites,
or historic sites;

- Potential for creating danger to life and property, or for creating or
aggravating off-site hazards due to flooding, shore erosion or other
natural hazards;

- impact on a State Critical Area designated for preservation or con-
servation, or on its buffer area;

- Impact on productive agricultural or forest land, or effect on
agricultural production on neighboring farms;

225 -

Policies

1. Large-scale residential development must 1) be consistent with State and
local plans and regulations; 2) minimize impacts on water quality, tidal
and non-tidal wetlands, state critical areas, productive agricultural
or forested lands, and historical/cultural/archeological resources; 3)
avoid creating or aggravating natural hazard conditions; 4) avoid placing
undue burdens on public services or fiscal, economic, or social conditions.
(Article 88C; Article 66B; Article 25; Article 43, Section 387C: Article 45,
Section 882 et seq; Natural Resources Article; Section 1-302, 1-303, 8-9AO4,
B-1101, 8-1103, 8-1104, 8-1402, and 8-1405, 9-102, 9-202, 9-306)

2. It is State policy to utilize the intervention powers of the Department of
State Planning to ensure that large-scale residential developments are
sites, construced and maintained in a manner which fully considers State
.interests. (Article 88C, Section 2(q); Natural Resources Article, Section
.1-101, 1-104, 1-302, 1-303)

Implementation

Lead Agencies

State: Department of State Planning
Department of Health & Mental Hygiene (provision of water
sewer services)

Water Resources Administration (programs concerning water
appropriations from surface and groundwater sources, discharges
into state waters, etc., other state and local agencies may
participate, depending on the issues involved)

Local: Planning Department, Soil Conservation District

Management Procedures

Large-scale residential developments are sited through the planning and
zoning mechanisms of local units of government.

The local planning office also reviews proposals for zoning changes,
amendments, special exceptions, and conditional uses involving residential
development, and makes recommendations to the zoning administrator. Many
counties have special regulations for new towns and planned unit developments.

Local units also play a role in managing residential developments through
subdivision regulations and building code enforcement. In accordance with the
provisions of the State Land Use Act of 1974, the Department of State Planning
reviews zoning changes, amendments, special exceptions, variances, and conditional
uses, which relate to large-scale residential developments as well as to sub-
division approvals. The review is based on consistency with state plans,
programs, and policies.

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The Department of Health and Mental Hygiene (DHMH), in consultation
with DNR and DSP, has the responsibility for approving the construction
of sewage treatment plants and county water and sewer plans. Large-scale
residential developments must be included in county water and sewer plans
before either public or private water supply or sewage treatment systems
can be installed or extended to service them. The Department of Health and
Mental Hygiene has the authority to impose water and sewer moratoria, and to
limit development if circumstances warrant.

off-site impacts of such developments, such as water quality and water
supply degradation, stormwater runoff, and flood plain and wetland encroachment,
can be controlled through the various permit programs described earlier in
this chapter.

Coastal Zone Unit Role

Project Evaluation

All new town proposals in coastal counties, and all PUDS and residential
developments involving 100 acres or 1,000 housing units within 2 miles of a
flood plain or tidal waters, will be subjected to the project evaluation process
described in Chapter I. Such developments will be analyzed to determine if
the concerns noted in the issues section above are adequately addressed. The
Coastal Zone Unit will work with local governments and with the Department of
State Planning to resolve any outstanding issues, and intervention procedures
will be utilized only after other alteratives have been tried. Issues involving
concerns subject to State or federal regulatory authority will be brought to the
attention of the relevant authority for action.

It should be noted that residential development, regardless of size, which
involves one of the concerns addressed earlier (proposed location in tidal or
non-tidal floodplain etc.) will be subject to the project evaluation process.

Program Review

As described in more detail in Chapter V, the Coastal Zone Unit will
provide technical and financial assistance to local governments to enable
them to address the issues involved with large scale residential developments
in their comprehensive plans, water and sewer plans, regulations and zoning
ordinances.

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AUTHORITIES RELATING TO LARGE-SCALE RESIDENTIAL DEVELOPMENTS

Statutory Authority Management Technique Agency

Water Quality Permits Direct State Planning and DNR (WRA)
Art. NR, Section 8-1402, Regulation
8-1405, 8-1413

Water Appropriation Permit Direct State Planning and DNR (WRA)
Art. NR, Section 8-801, Regulation
8-802

Sediment Control (Stormwater State Standards for Local DNR (WRA)
Management Implementation
Art. NR, Section B-1101, et seq.
interpreted by 56 Att'y Gen.
op's 478 (Ap. 5, 1971)

Provision of Water, Sewer and State Standards for Local County Health
Solid Waste Facilities Implementation with Depts. and
Art. 43, Section 387C State Review Planning and
Zoning Offices;
DHMH, (EHA);
DSP, DNR

County Planning and Zoning Review of Local Plans and County Planning
DSP General Authority/ Decisions with State and Zoning
Intervention Procedures Intervention offices, DSP
Art. 88C, Art. 66B, Art. 25,
Section 5

228

SEWAGE TREATMENT FACILITIES

Situation

With increasing frequency, sewage treatment plants are being located with
outlets on Maryland's tidal waters. However, the rate of treatment facility
construction and expansion has not matched the rate of development in Maryland's
coastal zone, and existing facilities are overtaxed and operating at decreased
efficiency. While there is a need to proceed as quickly as possible to meet
the need for new and improved treatment facilities, the situation presents
several concerns to the Coastal Zone Management Program:

1. Conflicts occur between sewage treatment plants and other uses of
tidal waters - particularly the growing and harvesting of shellfish.
Shellfish sanitation regulations require an extensive buffer area
around the outlet point, thus closing the area to shellfish harvesting,
regardless of the level of treatment. on the other hand, evidence
that improperly treated sewage is entering tidal waters can mean
closure of an even greater water area to shellfish harvesting.

2. The potential for sewage treatment plants of large capacity to
promote development is well known. Locating major new sewage
treatment plants in coastal areas may increase high density growth
pressures along the shoreline, where only low density development was
formerly allowable under the health standards regulating installation
of private facilities, particularly septic tanks.

3. Sewage facilities plants have the potential for major water quality
impact beyond the health-related considerations mentioned above.
Oxygen depleting materials, nutrients, and residual chlorine are
the most important components to be considered. The State has
formulated policies regarding removal of these substances and has
issued NPDES discharge permits, based on local area and baywide studies.
The present policies and discharge permits cannot be considered the
final solution to all problems. Only additional research, especially
the monitoring of the water quality,changes effected by the present
policies, will allow clarification of the remaining issues. In
addition, more detailed investigation of alternative methods of sewage
treatment is needed.

4. The physical location of new treatment facilities and their outfalls,
often has impacts on coastal resources such as upland natural areas,
tidal wetlands, and aquatic resources.

Issues

This situation requires that state and local governments coordinate their
activities and regulatory actions, with federal cooperation and consistency
to meet the following goals and objectives of the Coastal Zone Management Program:

229 -

(2) To protect, maintain, and improve the quality of the State's-
tidal waters for propagation of wildlife, fish and aquatic life,
and for human use and enjoyment.

(3) To protect coastal aquatic areas of significant resource value
and where possible, restore presently degraded areas of potentially
significant resource value, such as viable oyster bars and clam
beds; important migratory pathways, spawning, nursery and feeding
areas for fish; and wintering and resting areas for migratory_birds-

(4) To protect, maintain, and.where feasible restore the integrity of
the tidal wetlands of the State.

(5) To protect coastal terrestrial areas of significant resource value-
areas having scenic, scientific, geologic, hydrologic, biological
or ecosystem maintenance importance, such as endangered species
habitat, significant wildlife habitat, and wintering and resting
areas of migratory birds.

(7) To protect coastal cultural, historical, and archeological resources.

(13) To encourage the inland siting of facilities which are not shoreline
dependent, and to encourage the location of necessary shoreline-
dependent activities in shoreline areas where adverse social,
economic, and environmental impacts can be minimized.

(15) To discourage the location of major new or enanded facilities on
or immediately adjacent to Resource Protection Areas or Hazard
Prone Areas.

(18) To promote use of the State's coastal resources to meet social
and economic needs in an environmentally compatible manner.

(19) To ensure consideration of the carrying capacity of air, land and
water resources (both surface and groundwater) and the conservation
of coastal natural areas in state and local regulatory decisions
concerning coastal developments.

(20) To ensure that adequate water, sewer, and transportation services
are provided before new coastal developments are approved by state
and local governmental agencies.

(21) To ensure that adequate consideration is given to social, economic,
and environmental impacts in governmental decisions concerning the
siting of public facilities in coastal areas, particularly those
involving transportation and waste treatment facilities.

Investigations and regulatory procedures relating to sewage treatment
plants must consider:

- The treatment level and technology needed to meet water quality standards.

- 230

- The relationship of effluent discharge to overall stream flow.

- The capacity of the plant and its influence on growth patterns.

- The effect of the sewage treatment plant on availability of shellfish
beds for commercial harvest.

- The direct effect of the plant's construction on sensitive natural
areas such as wetlands or flood plains.

- The cumulative impact of increasing discharge of treated sewage into
tidal water.

- The use of alternative solutions, such as disposal on land, individual
treatment systems, and water conservation.

Policies

1. It is State policy to improve, conserve and manage the quality of the State's
waters for public supplies, propagation of wildlife, fish and aquatic life
and domestic, agriculatural, industrial, recre@ational and other legitimate
beneficial uses. (Natural Resources Art. Section 8-1402; Art. 43,
Section 388)

2. It is State policy to provide that no waste is discharged into any waters
of the state without first receiving adequate treatment to be consistent
with effluent limitations and the maintenance of water quality standards.
(Natural Resources Article, Section 8-1402, 8-1405, and 8-1413)

3. In the proposed formulation of state water quality management plans,including
the designation of scenic areas and sewerage facilities, consideration shall
be given to areas of critical state concern. (Natural Resources Art.
Section 8-1042, 8-1404, 8-1405, Art. 88C)

4. It is State policy not to fund or authorize the construction of sewage
treatment plants which are not consistent with the State's 208 Water
Quality Management Plan. (Art. 43, Section 394; Natural Resources Art.
8-1402, 8-1404, 8-1405)

5. Sewage treatment plants must not be located in tidal or non-tidal wetlands,
or in Areas of Critical State Concern designated for the purpose of
preservation or conservation. (Natural Resources Article, Section 9-101
et seq.; Article 88C, Section 2(b))

6. In order to minimize shellfish bed closures, sewage treatment plant outfalls
must not be located where they impinge upon the commercial harvest of
seafood, unless no feasible alternative exists. (Natural Resources
Article, Sections 1-302, 1-303, 8-1402, 8-1413)

- 231 -

7. Sewage treatment plants must not be located in flood plains unless no
feasible alternative exists. When sewage treatment plants are located
in flood plains, they must be adequately flood-proofed. (Natural
Resources Article, Sections 8-801, 8-803, 8-807) is
8. The effects of treated effluent materials on the aquatic resources of
the Bay must be determined through research. Results of this research
must be used to set water quality and effluent standards and to establish
permit limitations. (Natural Resources Article, Section 8-1405)

9. Plans for new sewage treatment plants must consider the need for advanced
wastewater treatment, nutrient removal, and other alternatives to meet
state water quality standards and effluent limitations. (Natural
Resources Article, Section 8-1402, 8-1405, and 8-1413)

10. Before construction can begin on installation or extension of any system
of water supply, sewerage, or refuse disposal, the project must be approved
by the Department of Health and Mental Hygiene in accordance with the
Department's responsibility to protect public health, safety and welfare.
In addition, the Department of Health and Mental Hygiene shall examine all
existing public water supplies, sewerage systems and refuse disposal
plants, and shall have power tocompletetneir operation in a manner which
shall protect the public health and comfort, or to order their alteration,
extension, or replacement by other structures when deemed necessary. (Article
43, Sections 388 and 394)

11. Each county shall develop water and sewer plans which provide for the
orderly expansion and extension of community and multi-use water supply,
sewerage and solid waste disposal systems. Such plans shall be consistent
with applicable county and local land use plans, and shall consider
related aspects of land use, zoning, population estimates, engineering
and economic factors, and all governmental, industrial, and other plans
for privately owned facilities for water and sewerage at any level. The
construction and operation of water supply systems and sewerage systems
shall not be undertaken unless they are included in water and sewer plans
approved by the Department of Health and Mental Hygiene, after consultation
with the Department of Natural. Resources (on matters pertaining to water
allocation, adequacy of industrial waste treatment, and the effect of proposed
withdrawals and waste discharges on waters of the State), the Department
of State Planning (on the plan's adequacy, including its consistency with
the local master plan), and the Department of Agriculture (on the impact
of water and sewerage service on productive or potentially productive
agricultural land). (Article 43, Section 387C)

12. Sewage treatment plants with significant excess capacity will not be approved
unless they are consistent with the 208 Plan for the service area, and with
population projections of the Department of State Planning. (Federal
Water Pollution Control Act Amendments of 1972, Section 201; Article 43,
Sections 387C, 394)

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13. It must be deomonstrated that any proposed sewage treatment facility
represents the most cost-effective means of meeting established effluent
and water quality goals, recognizing social and environmental considerations.
(Federal Water Pollution Control Act Amendment of 1972, Section 301;
Article 43, Sections 387C, 394)

14. In the development of facility plans for new publicly owned treatment
works, the utilization of land treatment processes to reclaim and recycle
municipal wastewater should be'given first consideration. If a method
that encourages water conservation, wastewater reclamation and reuse is
not recommended, the applicant for construction funds should be required
to provide complete justification for the rejection of land treatment.
(EPA Policy Memorandum, October 3, 1977). (The State is currently in the
process of adjusting its policies to conform with this document.)

15. It is State policy to ensure that sewage sludge is managed and disposed
of in such a way as to protect the public health and the environment from
the hazards associated with this material, due to the presence of pathogenic
organisms, parasites and heavy metals, or other toxic materials which may
have adverse effects on humans or which may contaminate crops, groundwater,
or surface water. No individualcorporation, municipality, county, district,
or institution may engage in collection, handling, burning, storage or
transportation of sewage sludge without first obtaining a permit from
the Secretary of Health and Mental Hygiene (Article 43, Section 394(b);
Department of Health and Mental Hygiene, Regulation 10.03.48)

16. Both the State and its political subdivisions have the legal authority
to restrict access to sewage treatment systems in order to control
growth, so that it is phased with the construction of associated public
services, including sewage treatment facilities and other capital
improvements. (Natural Resources Article, Section 8-1402, 8-1405, 8-1413;
Article 43, Section 387, 394; 60 Op Att'y Gen. 508 (1975))

17. No building permit, subdivision plan, map or plat; providing for individual
or community water supply or sewerage system, shall be allowed which unless
it is in conformance with a county water or sewer pl-dn. Thus:

a. No building permit shall be approved (i) where existing facilities
are inadequate to serve the proposed development, taking into
consideration all other existing and approved developments in the
service area, or (ii) which will cause facilities for conveyance,
pumping, storage or treatment of water, sewage or solid water to
be overloaded.

b. No subdivision plat shall be approved in areas where, taking into
account all existing and approved subdivision plats and building
permits in the service area, facilities for conveyance, pumping,
storage, or treatment of water, sewage, and solid waste to serve the
proposed development would (i) not be completed in time to serve
the development, or (ii) if completed, would not be adequate to
serve the development without causing overloading of the facilities.

(Article 43, Section 387C)

233 -

18. In determining the acceptability of individual sewerage systems, the
Department of Health and mental Hygiene shall consider present and future
population density, lot size, contour of the land, porosity and absorbancy
of the soil, groundwater conditions, community sewer systems and proposed
development. (Article 43, Section 387C)

19. State law on the development and approval of county water and sewer
plans shall not limit or supercede any State, county, or municipal zoning
ordinance, subdivision regulation, building code or the law or regulation
which establish standards that provide greater protection to the public
health, safety and welfare of the community.

Implementation

Lead Agencies

Federal: Environmental Protection Agency

State: Environmental Health Administration, Water Resources Administration,
Department of State Planning

Local: Planning and Zoning offices (participating agencies: local public
works and health agencies)

Management Procedures

Sewage treatment facility planning and implementation is a process that
involves several agencies at each level. Proposed sewage treatment facilities
undergo extensive, comprehensive review, based on their consistency with the
State's continuing Water Quality Planning Process, with local water and sewer
plans, with local comprehensive plans, and with local facility plans. The
facility plan developed for each plant represents alternatives to the planned
facilities, and describes the environmental effects of the planned facility.

The following are Maryland's main planning and regulatory processes:

1. County Water and Sewerage Plans. Each county (in conjunction with
the municipalities within its borders) is required to prepare a document
delineating how it intends to develop sewerage facilities within its jurisdiction,
in accordance with its general development plan. Each water and sewerage plan
contains the designation of recommended discharge points and the delineation
of the areas in the various categories of sewer service priority.

The Environmental Health Administration (EHA) of the Department of Health
and Mental Hygiene reviews these plans for technical and legal accuracy and
adequacy. The Environmental Health Administration may approve a plan only
after it has considered the comments of WRA on the compliance of the water and
sewerage plans with water quality plans, and the comments of the Department of
State Planning on their land use impacts and their relationship to population
projections.

- 234

2. Water Quality Management Plans. The Water Resources Administration
is responsible for Phase I Water Quality Management Plans (pursuant to Section
303(e) of the Federal Water Pollution Control Act Amendments (FWPCA) of 1972)
for the entire State, and for the Phase II plans in the non-designated portions
of the State (pursuant to Section 208 of the FWPCA). The Baltimore Regional
Planning Council and the Washington Council of Governments are responsible for
the Phase II plans in their jurisdictions. The 208 Plans will constitute the
facilities plans, and regulatory efforts will have to be consistent.

3. Facilities Plans. In order for a local jurisdiction to receive
federal funding for improvement or construction of sewage treatment plants, it
must demonstrate to the Environmental Protection Agency that the proposed sewage
treatment facilities are to be provided in an environmentally sound and cost-
effective manner. To do this, a community prepares a facilities plan pursuant
to Section 201 of the FWPCA. The Environmental Health Administration has
overall responsibility in the State foi the preparation of 201 Plans.

The Maryland Environmental Service, an agency of DNR, may act as a
consultant in preparing these plans. Both local governments and the Maryland
Environmental Service canacquire, construct and operate sites for treatment
plants.

Priorities for expenditure of sewage treatment construction funds - both
federal and state - are developed cooperatively by WRA, EHA, and DSP. The
overall responsibility for assigning priorities and administering the funds,
however, lies with the Secretary of Health and Mental Hygiene.

As noted in the policies, the location of treatment of plants must be
in conformance with approved area-wide waste treatment plans (208 plans) and
their discharges must meet State effluent standards.

Serious consideration has been given to land treatment alternatives for
sewage treatment, as the most viable alternative in some areas of the coastal
zone, particularly smaller communities. In accordance with the recent EPA
Policy Memorandum, land treatment processes will be given first consideration
in all cases.

4. Restriction of Access to Sewage Treatment Facilities to Control Growth.
According to an Attorney General's opinion in 1975, the state and its political
subdivisions have the legal authority to restrict access to sewage treatment
plants -- the state through its authority to review county water and sewer
plans and the installation of sewage systems and to issue discharge permits,
and the political subdivisions through their water and sewer plans. Such
limitations shall apply only to proposed sewer mains. They shall not be used
to stop development permanently, but rather to control growth so that it is
phased with the construction of associated public services such as sewage
treatment facilities and other capital improvements. Such restrictions are
to be imposed pursuant to a territorial, regional, or basin plan, and shall
thus not be arbitrary or capricious.

235 -

5. Sludge Disposal. The disposal of sewage sludge either by land
treatment, placement in a sanitary landfill, trenching, or incineration requires
prior approval by the Environmental Health Administration. In addition, 208
Plans developed under the Federal Water Pollution Control Act Amendments of
1972, and county water and sewer plans must include provisions for the diposal
of sludge generated by proposed publicly owned treatment works.

At present, each location for sludge disposal, whether it is placed in
a sanitary landfill or used for agricultural purposes, requires a separate
approval. The State is now developing guidelines for generalized sludge
disposal, based on the type of material that is produced by sludge composting.
This is the result of research by Maryland Environmental Services and the U.S.
Department of Agriculture on the sludge generated by Maryland's Blue Plains
treatment plant.

6. Regulation. Individual sewage systems (e.g., septic systems) are
regulated by local permits based on minimum state standards. No permits may be
issued in areas in which sewerage already exists, is scheduled for completion
within eighteen months or is in the final planning stages.

All sewage treatment construction and associated facilities (e.g., new
sewer lines, hookups, sludge disposal etc.) are regulated by the EHA. No
sewerage construction permit applications are accepted for review unless they
are in conformance with the county plan.

Sewage treatment plants are regulated by both EHA and WRA. The Water
Resorces Administration issues discharge permits, and EHA issues construction
permits. The criterion for these permits is the capability of the treatment
plant to meet the discharge standards. As part of the discharge permit
requirements, municipalities are required to adopt and enforce adequate
industrial discharge pretreatment ordinances if any significant industrial
discharges would be handled by the treatment plant. In addition, the placement
of sewage treatment plant outfalls must be in conformance with both county
plans and state water quality management plans and regulations.

Coastal Zone Unit Role

Project Evaluation

To ensure that all relevant factors are addressed, the Coastal Zone Unit
will participate in the existing review process for the siting and operation
of sewage treatment plants in the following cases:

1. Proposed placement of a sewage treatment plant (a) in, or
adjacent to, a state critical area designated for preservation
or conservation, (b) within a flood plain, or tidal, or non-tidal
wetland, significant wildife habitat area, or (c) with the outfall
discharging into other significant aquatic resources area.

2. Where there is potential for direct hydrological impact on tidal
waters containing shellfish or other significant aquatic resources.

236

3. Where there is potential for significant induced growth in presently
low density shoreline areas.

Program Review

The Coastal Zone Unit will work within the present water quality planning
process to assure that the cumulative impact of increased discharge of treated
sewage effluent into tidal waters will be analyzed including effects on
nutrient levels and shellfish bed closures.

The Coastal Zone Unit will work with local units of government, the Water
Resources Administration, the Environmental Health Administration, and the
Department of State Planning, to identify and resolve discrepancies between
local water and sewage plans and local comprehensive plans, River Basin Plans,
and State programs and policies.

The Coastal Zone Unit will work with local units of government, the Water
Resources Administration, the Environmental Health Administration, and
Department of State Planning to analyze the potential growth-inducement impacts
of sewage treatment plants, and to develop measures to deal adequately with
such potential impacts.

The Coastal Zone Unit, in conjunction with the Fisheries Administration,
will assist the Water Resources Administration in determining the impacts of
chlorine and other residuals of living aquatic resources, and in identifying
areas where the aquatic life is particularly sensitive to discharge.

237

AUTHORITIES RELATING TO SEWAGE TREATMENT PLANTS

Statutory Authority Management Techniques Agency

Federal Water Pollution State and Regional Planning DNR (WRA) and
Control Act Amendments and State Regulation in DHMH (EHA)
of 1972 accordance with Federal
standards

Water Pollution Control and State Planning and DNR (WRA)
Abatement Regulation
Maryland Ann. Code Nat.
Res. Art., Sec. 8-1401 et seq.
Regulation of the Location State Planning and DHMH (EHA)
and Operation of Water, Sewer Regulation
and Solid Waste Facilities
Art. 43, Sec. 386A - 399

Regulation of the Collection State Planning and DHMH (EHA)
and Disposal of Sewage Sludge Regulation
Art. 43, Section 394

EPA Policy Memorandum State, Regional and Local DNR (WRA) and
Oct. 3. 1977 Planning, and State DHMH (EHA)
Regulation in accordance
with Federal Standards

Restriction of Access to Sewage State and Local County Planning
Treatment Systems Regulation and Zoning,
60 Op. Attly Gen. 508 (1975) Health and
Public Works
Departments;
(T)HMH) (EHA)
DNR (WRA)

238

LAND TRANSPORTATION FACILITIES

Situation

In the past 20 years, the development of transportation facilities systems
has played a major role in shaping the uses of Maryland's coastal areas. Belt-
ways, built to aid access to and around central cities, e.g., Washington and
Baltimore, have contributed to the movement of populations from cities to
the suburbs.

Service facilities catering to through traffic have often been developed
along rural interchanges of limited access highways. Businesses in these
locations usually have small local markets and would not be able to support
themselves without the highway. Thus the highway provides economic gain to
the community, and may be a central factor in the community's economy.

In suburban areas around cities such as Baltimore, radial highways and
beltways have drawn businesses and households away from downtown areas, and
have helped create more dispersed housing and employment centers. In general,
the bigger and faster the highway, the larger the impact, if the road provides
access to desirable living and working areas.

If there is easy access to and from the highway - if there are unlimited
curb cuts and all intersections are at grade level - development can occur
along the sides of the highway in a "strip" of stores, restaurants, motels,
gas stations, and apartments. Single-family housing may spread out behind
these strips on the many crossing roads.

If the highway has limited access (such as an interstate highway)
development will occur at interchanges, and cross streets may themselves
become major arteries with their own strip development or office parks. The
highly visible land along the road may be developed through construction of
frontage roads.

Highway projects involve engineering activities associated with the
construction, operation, and maintenance of the highway, such as land clearing
and stripping, the use of herbicides, the application of road salts, and slope
stabilization. These and many other activities may influence both the
terrestrial and aquatic environments of the immediate project areas, and may
have offsite impacts from sedimentation and stormwater runoff.

Proposed highway projects in the coastal zone of major concern include
the Patuxent Freeway in Anne Arundel County and Route 50 improvements between
Kent Island and Easton, and at Vienna, Cambridge, and Salisbury.

Other types of transportation facilities besides highways have significant
implications for coastal resources and activities. In the Baltimore Metropolitan
area, a rapid transit system is under construction in an attempt to alleviate
transportation problems. However, construction of such a system involves
questions of its fiscal impact due to its costs questions of which areas it
should service, and questions of its potential for growth generation.

-239

On the Eastern Shore, railroads are a principal means of transportating
industrial, commercial, and agricultural goods to market. However, with the
reorganization of railroads in the Northeastern United States, the continuation
of some portions of the present railroad system is threatened.

The only large airport facility located in Maryland's coastal zone is
the Baltimore Washington International Airport in Anne Arundel County.
Smaller airport facilities in the coastal zone include Martin Airport in
Baltimore County and those at Cambridge, Salisbury, and Ocean City. Aiport
facilities are generally of coastal zone management concern only when their
construction or expansion may have significant impacts on coastal resources
and activities. The development of adjacent land is also of concern if it
may conflict with noise impact zones.

The Maryland Department of Transportation and local transportation units
have responsibility for planning and promoting all transportation projects,
and have been cooperating on programs and projects for several years. State
and Federal laws and regulations require impact assessments and regional studies
relating to impact on air quality, growth projections, noise levels, and
quantitative and qualitative socio-economic impacts, as well as consideration
of impacts on water quality and environmental resources.

.Issues

State and local governments must coordinate their activities and
regulatory actions, with federal government cooperation and consistency,
to meet the following objectives of the Coastal Zone Management Program:

(15) To discourage the location of major new or expanded facilities
on or immediately adjacent to Resource Protection Areas or
Hazard Prone Areas.

(18) To promote use of the State's coastal resources to meet social
and economic needs in an environmentally compatible manner.

(19) To ensure consideration of the carrying capacity of air, land
and water resources (both surface and groundwater) and the
conservation of coastal natural areas in state and local
regulatory decisions concerning coastal developments.

(20) To ensure that adequate water, sewer, transportation services
are provided before new coastal developments are approved by
state and local governmental agencies.

(21) To ensure adequate consideration is given to social, economic,
and environmental impacts in governmental decisions concerning
the siting of public facilities in coastal areas, particularly
those involving transportation and waste treatment facilities.

- 240

(22) To ensure the the incorporation of storm water management measures
in state and local regulatory programs that would require runoff
from a development site, to maintain to the maximum extent possible
water quality, and quantity-conditions that prevailed naturally.

(34) To ensure coordination and use of existing state and local
governmental programs to achieve the Coastal zone Management
Program's objectives.

Investigations and decisions must take into consideration whether or not:

- Transportation project plans and system studies utilize sound,
state-of-the-art methods.

-Environmental, socio-economic and transportation data are adequate.

-Inadequate data delays regulatory or planning decisions,

-Recommendations conform to all applicable State and Federal
environmental statutes and regulations.

-Adequate coordination is maintained with agencies and organizations
affected by siting decisions so that their concerns may be factored
into studies and recommendations in a timely manner.

-The public has ready access to current information and the opportunity
to provide input and feedback on issues of concern.

-Procedures for improving transportation planning are investigated.

Policies

1. Maryland will plan, develop, maintain, operate, and regulate - in cooperation
with local jurisdictions, and as a supplement to facilities and services
provided by private enterprise - a transportation system which adequately
meets the needs for movement of people and goods while: supporting local,
regional, and state goals; facilitating a pattern of physical development
which can be served efficiently by transportation; preserving the unique
qualities of Maryland's historical and natural resources; maintaining
fiscal integrity; and strengthening the economy of Maryland. In order to
develop and operate such a transportation system, Maryland will develop
and maintain a continuing comprehensive and integrated transportation planning
process, including the creation and promulgation of a State Master Plan
for Transportation. (Article Transportation Section 2-103; Maryland
Transportation Action Plan)

241 -

2. Maryland will follow and implement procedures contained in Policy Procedure
Memorandum 90-4 issued December 20, 1974, by the U.S. Department of
Transportation, Federal Highway Administration, to insure that all relevant
factors and interests are considered in any transportation improvement.
(Article Transportation 2-103; Maryland Transportation Action Plan)

2. In planning for transportation improvements, Maryland will adhere to the
following policies, which are further detailed in the Maryland State
Transportation Plan and the Maryland Department of Transportation
Executive Plan.

a. Transportation services supported by the State of Maryland shall
be based on a comprehensive assessment of the transportation function
they are intended to serve.

b. The State shall assess carefully the social, economic and environmental
impacts of proposed improvements in transportation service and shall
consider the relationships between these impacts, improved service
and the cost of implementation. In developing plans and programs, the
state will consider and document the impact of alternative modes,
locations and operations, through each phase of the decision-making
process. To improve Maryland's ability to anticipate the effects of
proposed actions, a monitoring and evaluation program will be initiated
to determine the actual impacts of facilities and programs.

c. The State will not commit itself to any specific improvement or location
until after completion of detailed evaluations of the transportation,
economic, and environmental effects of alternate improvements and
locations (including the "no-build" alternative, and including the
alternative of improving existing facilities in lieu of new construction).

d. The State will finance only those transportation service improvements
which are consistent with -approved comprehensive transportation plans
and programs.

e. Wherever feasible, the State will meet transportation needs through
improvement of existing facilities rather than through the construction
of new ones.

f. Where needed and appropriate, the Department shall facilitate use of
alternatives to the automobile for interregional travel.

g. The State shall encourage energy-efficient use of all means of
transportation and shall encourage such energy-saving measures as
car-pooling, use of public transportation, bikeways, and traffic
operations improvements.

h. Transportation service improvements shall be planned and designed to
allow for early, continuous and two-way communication with all segments
of the public prior to selection of a course of action. Specific
mechanisms for public involvement shall be established for each major
project prior to undertaking substantial planning activities.

- 242

i. The state shall work with local governments to plan and design
transportation facilities such as airports and major highways, to
protect against adverse noise and air quality impact and to insure
the compatibility of future development.

j. The State shall increase and facilitate accesiability among the
five regions of Maryland and between these regions and other states
and countries.

k. The State supports continuation of essential commuter and rail
freight service in all regions of Maryland.

1. The State shall provide and maintain an efficient, safe Maryland
Primary Highway System linking the State's major population and
industrial centers, recreation sites, and transportation terminals.

M. The State shall promote the development of Baltimore-Washington
International Airport as one of the major domestic and international
air facilities serving the Mid-Atlantic Region.

n. To maintain consistency with State development goals and to enhance
the economic development potential of Maryland, the State shall
promote an appropriate balance between land development and each
component of the interregional transportation system.

0. The State supports private enterprise in maintaining and strengthening
the system of moving goods in Maryland.

(Transportation Article 2-103, Natural Resources Article 1-302, 1-303;
Maryland Preliminary Transportation Plan; Maryland Department of Transportation
Executive Plan)

4. Decisions to proceed with a transportation project will be based on factors
including (but not limited to) the following:

a. Volume as a precent capacity.

b. Construction and operation cost.

C. Accident data.

d. Socio-economic impact.

e. Environmental impact.

f. Contribution to state and local development goals and objectives.

g. Consistent evaluation of all alternatives, including the no-build
alternative.

h. Mitigation measures that can be incorporated into design, construction,
and operation of the project.

(Transportation Acticle 2-103, Maryland Transportation Action Plan)

- 243 -

Implementation

Lead Agency: Department of Transportation

Management Procedures

All transportation facility planning is now subject to a comprehensive
multi-agency planning process described in the Transportation Action Plan
and shown in Figure III-1. All facilities are subject to comprehensive
evaluation both at the systems level and at the project and design levels by
the Department of Transportation. The consolidated Tra nsportation Plan (the
Department of Transportation's five-year capital improvements program), which
is prepared annually, is the result of the system planning effort. Environmental,
social, economic impacts are weighed at all stages.

In the systems planning which is conducted at the State-wide, regional
and local levels, the following factors are considered in accordance with
the above policies:

1. Analysis of goals and constaints forlocal environmental
impact and for implications to economic and social programs
of Maryland.

2. Inventory and collection of statewide physical transportation
data.

3. Analysis and forecasting of demand for modal facilities.

4. Identification and forecasting alternative plans based on such
criteria as:

a. Level of transportation service.

b. Regional community growth and development.

C. Conservation and preservation.

d. Public facilities and services.

e. Community cohesion.

f. Displacement of people, businesses, and farms.

g. Noise, air and water pollution.

h. Aesthetic considerations.

The Planning and Design of individual projects involves the following
steps:

1. Definition of project goals.

244

2. Assessing and gathering project-related data.

3. Refinement of the criteria developed at the systems planning level.

4. Identification and analysis of project alteratives, pursuant to NEPA.

5. Identification and analysis of potential social, cultural and
environmental impacts of proposed projects.

6. Analysis of unresolved issues.

Environmental Effects Reports are required on projects using State
funds. All projects are reviewed through the State Clearinghouse. In
addition, transportation projects will require some permit approvals by the
Water Resources Administration, after consideration of impacts on wetlands,
stormwater runoff generation, water quality and aquatic resources at the project
and design planning levels.

Coastal Zone Unit Role

Project Evaluation

1. The Coastal Zone Unit will assist the Department of Transportation (where
appropriate) in systems planning activities at the statewide, regional
and local levels for the following types of projects:

- Interstate highways;

- Two-lane to four-lane improvements;

- Railroad lines;

- Airports;

- Public ports (See Ports Section); and

- Any roadway serving a peninsula area, or which crosses tidal waters.

The Coastal Zone Unit, in conjunction with other units of the Department
of Natural Resources, will also assist the Department of Transportation in the
conduct of Project Planning activities for the above types of projects.

The purpose of Coastal zone Unit's involvement during these two phases
of transportation planning is to insure that long-term, off-site, and secondary
effects of transportation projects on coastal resources are adequately considered
in the siting and design stages of planning. This will be accomplished through
the participation of Coastal Zone Unit in conjunction with the other units of
the Department of Natural Resources in the Action Plan process.

245 -

2. The Coastal Zone Unit will also enlist the expertise of the Department of
Transportation in the review of other coastal zone projects not directly
related affecting transportation programs, for the purpose of determining
potential impacts such development may have on existing transportation
programs.

Program Review_

The Coastal Zone Unit will review annually the Consolidated Transportation
Program for consistency with the Coastal Zone Management Program in accordance
with the Memorandum of Understanding between the Coastal Zone Unit and the
Department of Transportation, to ensure integration of coastal concerns into
Department.of Transportation actions.

AUTHORITIES RELATING TO LAND TRANSPORTATION FACILITIES

Statutory Authority Management Techniques Agency

Article: Transportation Direct State Planning and MDOT
Titles 2, 5, 6, 8 Regulation

Federal Highway Act 1970 Federal Standards and Rules MDOT
Section 109H followed by State Agency

Water Quality Permits Direct State Planning and DNR (WRA)
Art. NR, Section B-1402, Regulation
B-1405, 8-1413

Air Quality Program Direct State Planning and DHMH (EHA)
Art. 43, Section 690 et seq. Regulation

Noise Control Direct State Planning and DHMH (EHA)
Art. 43, Section 824 Regulation

Water Appropriation Permit Direct State Planning and DNR (WRA)
Art. NR, Section 8-801, 8-802 Regulation

Sediment Control/Stormwater State Standards for Local DNR (WRA)
Management Implementation; State
Art. NR, Section 8-905, 8-110, Regulation of Projects
et seq. interpreted by 56 Att'y funded or undertaken by
Gen. Op's 478 (Ap. 6, 1971) the State

- 246

0 0 0

Figure M- i
TRANSPCRTATION SYSTEMS PLANNING PROCESS

(STATEWIDE, REG16NAL AND LOCAL)

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rosswco allocation 3- 10 rem ' FUNDS ow-
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ORGMIZATIONS

Plan

F C APTER IV
GEOGRAPHIC AREAS OF PARTICULAR CONCERN

------- @cc

IV. GEOGRAPHIC AREAS OF PARTICULAR CONCERN

Legislative Requirements

Those coastal states developing a program responsive to the federal
Coastal Zone Management Act of 1972 must identify geographical areas of
special significance within the coastal zone. Section 305(b)(3) of the
Act requires the management program to include "an inventory and designation
of areas of particular concern within the coastal zone". Section 923.13(a)
of the regulations pursuant to the Act requires that such inventories
include the following:

(1) Areas of unique, scarce, fragile, or vulnerable natural habitat,
physical feature, historical significance, cultural value and
scenic importance;

(2) Areas of high natural productivity or essential habitat for living
resources, including fish, wildlife, and the various trophic levels
in the food web critical to their well-being;

(3) Areas of substantial recreational value and/or opportunity;

(4) Areas where developments and facilities are dependent upon the
utilization of, or access to, coastal waters;

(5) Areas of unique geologic or topographic significance to industrial
or commercial development;

(6) Areas of urban concentration where shoreline utilization and water
uses are highly competitive;

(7) Areas of significant hazard, if developed, due to storms, slides,
floods, erosion, settlement, etc.; and

(8) Areas needed to protect, maintain, or replenish coastal lands and
resources, including coastal flood plains, aquifer recharge areas,
sand dunes, coral and other reefs, beaches, offshore sand deposits,
and mangrove stands.

An additional requirement of the Act regarding Geographic Areas of
Particular Concern (GAPC) states that-the management program shall include
"broad guidelines on priority of uses in particular areas, including specifi-
cally those of lowest priority" (Section 305(b)(5)). The purpose of identifying
a priority of uses is to articulate the State's interest in the preservation,
conservation, and orderly development of specific areas in its coastal zone.

Lastly, Section 306(c)(9) of the Act requires the State to "make provisions
whereby specific areas may be designated for the purpose of preserving or
restoring them for their conservation, recreational, ecological, or aesthetic
values."

248 -

The State Critical Areas Program

Maryland's existing State Critical Areas Program satisfies the requirements
of the federal Coastal Zone Management Act, and is the principal process for
implementing the GAPC element of the State's Coastal Zone Management Program.
As part of this program, areas of special significance within the coastal zone,
as well as the State as a whole, will be identified and designated State Critical
Areas. Carried out by the Department of State Planning (DSP), the Critical Areas
Proc[ram is mandated by the State Land Use Act of 1974 (Article 88C, Section 2(b)(3)),
which gives the Department of State Planning the responsibility to identify-
"...areas of critical State concern, after consultation with and consideration of
recommendations submitted to the Secretary (of the Department of State Planning)
by the local subdivisions". The legislation further states that "Every county
and the City of Baltimore shall make recommendations to the Department (of State
Planning) as to the areas within their respective jurisdictions which should be
designated as being of critical State concern". Guidelines have been established
for use by the local subdivisions in making their recommendations (see Appendix D;
also included in that appendix is a sample critical area recommendation). The
guidelines are also intended for use by citizens, organizations, and units of
state and federal government, in making suggestions to the local governments.

The role of the Coastal Zone Unit is to assist the local gov6rnments and
DSP in identifying coastal areas of critical state concern, by providing technical
information and analysis of the types of areas discussed in this chapter.

The process of designating state critical areas has three stages:
(1) preparation of recommendations by -the local governments; (2) review and
comment on recommendations by appropriate state agencies and other interested
parties; and (3) formal designation of areas by DSP.

Preparation of Recommendations

Local governments solicit suggestions of areas from citizens, organizations,
and units of state and federal government. Broad public participation is encouraged
through the use of citizen advisory groups. A set of draft recommendations is
prepared and presented at public hearings. The final recommendations are adopted
by -the local governments and submitted to DSP. All suggestions received by the
local governments, including those not adopted as recommendations, are to be
submitted.

The recommendations include the following steps: (1) an inventory of areas
by general categories, (2) determining which areas are of critical state concern,
(3) delineation of the boundaries of each specific area or site, (4) a description
of the area in terms of its existing significant features, and (5) an identification
of compatible uses and suggested management techniques. Each of these steps is
described in detail in Appendix D. However, elaboration on step 5 is appropriate
at this point.

In identifying compatible uses, the local governments are to classify recom-
mended areas into one of the following three types of criti6al areas:

(a) "Critical Areas Suitable for Preservation" are areas where most forms
and levels of alteration resulting from human.activity may create

- 249

disturbances which have a high probability of resulting in a significant
adverse impact upon the characteristics of the area, and where strict
management is necessary to retain the area's inherent characteristics
and attributes.

(b) "Critical Areas Suitable for Conservation" are areas where alterations
through various forms and levels of human activities can be accommodated
without signifi6ant adverse impact upon the inherent characteristics
and attributes of the area, if appropriate management practices are
followed.

(c) "Critical Areas Suitable for Utilization" are areas where alterations
through human activity can be accommodated and encouraged, although
there is potential for significant multi-jurisdictional, environmental,
or fiscal impacts, which should be given consideration. Areas which
are desirable for some predetermined use and should be maintained in
their present state to prevent irreversible commitment of the site or
its resources are also included in this type of area.

The intent of the three critical area types is to delineate the nature of the land
use or uses which would be most appropriate in a specific critical area. The
recommendation also includes an assessment of the particular types of land uses
that might be compatible with a designated critical area and adjacent buffer areas.

An important part of the recommendation consists of the proposal of management
techniques, to ensure that the future use or development of the area will be
consistent with its attributes. Recommended management techniques may be carried
out by local, state, or federal government, or by private parties. The sources
of authority for managing a designated critical area include, but are not limited
to, the following:

(a) Local planning and land use regulations: including zoning, subdivision,
related health, sanitation, environmental, housing, and other regulations;

(b) Local acquisition, local tax incentives, or management of property owned
by local government;

(d) State acquisition, state tax incentives, or state management of state-
owned land;

(e) Federal acquisition or federal management of federally-owned land; and

(f) Management by private citizens or organizations.

Table IV-1 lists the sources of authority that are available at the state and local
level to manage those State Critical Areas that will be considered Geographic
Areas of Particular Concern in the Coastal Zone Management Program.

250 -

Table IV-1
Geographic Areas of Particular Concern @ Management Authorities

Type of Area State Management Authorites Local Management Authorities*
Resource Protection Areas
Vegetated Tidal Wetlands State Wetlands Permit Program Comprehensive County Plans

Upland Natural Areas (Includes Watershed Permit Program; State Acquisition; Maryland County Water and Sewerage Plans
Non@tidal Wetlands and Prime Environmental Trust Programs; CZM Act Amendments
Recreation Areas) Implementation (Increased Public Access Grants County Solid Waste Disposal Plans
Provision)
Subdivision Regulations
Productive Agricultural Land Maryland Agricultural Preservation Foundation
Plat Maps
Archeological and Historic Sites Maryland Historical Trust
zoning ordinances
Aquatic Resource Areas State Water Quality Program; State Wetlands Permit
Program; State Boating Regulations; State Zoning Maps
Sedimentation Control Program
Historic Zoning
Hazard Prone Areas
High-risk Shore Erosion Areas HUD-Flood Insurance Program; State Shore Erosion Building Codes
Loan Fund; State Wetlands Permit Program
Sediment Control ordinances
Flood Hazard Areas Watershed Permit Program; HUD-Flood Insurance Sanitary Codes
Program; Flood Control-Watershed Management
Act of 1975 Implementation Land Acquisition
Developmental Critical Areas Property Taxes
Facility Siting Power Plant Siting Program; Coastal Facilities
Power Plant Sites Review Act Implementation; State Air & Water Specific Local Laws Relating
OCS Related Facilities Quality Programs; Coastal Energy Impact Program, to Wetlands, Flood Plains,
Heavy Industry Sites Maryland Industrial Land Act; State Wetlands oil Refineries, Recreation
Large-scale Residential Projects Permit Program Facilities, etc.
Large-scale Marinas

Ports Maryland Port Administration (Transportation Article,
Subtitle 5); State Wetlands Permit Program

Mineral Extraction Areas Surface mining Act of 1975 Implementation

*The management of designated critical areas is primarily the responsibility of the local governments. The local governments have
various authorities or powers which can be used to carry out a management program for a designated Critical Area. This list of
local authorities can be used in any combination to implement a Critical Area designation of any type of area listed.

Recommendation Review

Upon receiving recomm6ndations of critical areas from the local governments,
DSP will distribute them for review and comment to the Coastal Zone Unit, as well
as to other units of state and federal government, local governments, and interested
citizens and organizations. During the review period, the Coastal Zone Unit or
any other agency may recommend additional areas. The local governments will have
an opportunity to review all proposed critical areas prior to the final designations
by DSP.

Formal Designation

After consideration of the comments received on the proposed designations,
DSP will formally designate Areas of Critical State Concern. Upon formal designation,
the local governments will incorporate the critical areas into local plans and
implement the designations where local responsibilities are involved.

If an activity is proposed that is incompatible with a Critical Area designation,
DSP will intervene to ensure compliance with the management plan for the area. The
Department of State Planning has adopted standards of intervention (see Appendix E).
These standards establish a general policy that DSP will not intervene in critical
area proceedings if the local government has adopted afid is implementing a management
plan for the area, consistent with the inherent characteristics which supported
its designation.

The designation of Areas of Critical State Concern is an on-going process.
The initial set of designations will be made in the Spring of 1978. The process
will then take place on an annual basis beginning on July 1, 1979. This is a
recurring process, and information on the coastal zone areas discussed in this
chapter will be provided to the local governments as it becomes available for
future critical area recommendations.

Geographic Areas of Particular Concern
And State Critical Areas

In general, areas designated as State Critical Areas located within the
coastal zone will become Geographic Areas of Particular Concern under the Coastal
Zone Management Program (The exception is tidal wetlands; see discussion on
Vegetated Tidal Wetlands). The majority of the GAPC designations will be located
in the Area of Focus of the Coastal Zone Management Program, where all designated
State Critical Areas will become Geographic Areas of Particular Concern. State
Critical Areas located outside the area of focus will be considered for GAPC
designation on a case-by-case basis. These would mainly consist of major fadility
sites and other areas designated as suitable for utilization (see discussion on
Developmental Critical Areas). Another example of a State Critical Area located
outside the area of focus which may become a GAPC would be a non-tidal marsh area
located at the headwaters of a tributary to the Chesapeake Bay.

In a designated State Critical Area that is also a GAPC, the federal
consistency requirements of the federal CZM Act would apply (see Chapter VI).
Thus, any federal activity that may be proposed in the area must be consistent
with the objectives of the management plan developed for the area as part of the

252 -

Critical Area designation. In State Critical Areas which are not GAPC's, the
federal consistency requirements of the federal Coastal Zone Management Act would
not apply. Thus the GAPC designation is an immediately recognizable identification
of a State Critical Area in which federal consistency under the CZM Act must be
applied.

For the purposes of this document, the Maryland Geographic Areas of Particular
Concern are considered (1) Resource Protection Areas, (2) Hazard Prone Areas, or
(3) Developmental Critical Areas.

Resource Protection Areas

Resource Protection Areas are those coastal "areas of particular concern"
containing resources of biological, recreational, aesthetic, scientific, historical
or cultural importance. Specific areas within this category will be identified,
and will be suggested to the local governments, for their consideration in
preparing recommendations of State Critical Areas suitable for preservation or,
in some cases, conservation. Resource Protection Areas include vegetated tidal
wetlands, upland natural areas, prime recreational areas, productive agricultural
land, areas..of historic and archeological importance,.and aquatic resource areas.

1. Vegetated Tidal Wetlands

The State of Maryland recognizes tidal wetlands for their generic
significance as well as for their site-specific significance. First, all
vegetated tidal wetland areas are considered a generic class of Geographic
Areas of Particular Concern. The management authority applied in this generic
consideration is the State Wetlands Actf which is implemented by Wetlands
Permit Section of the Water Resources Administration. In addition, the
Coastal Zone Unit will focus efforts on identifying a few site-specific vegetated
tidal wetland areas which, due to their inherent natural value, warrant
preservation. When identified, these areas will be suggested to the local
governments and the DSP for reconunendation as State Critical Areas suitable
for preservation.

This approach emphasizes the State's recognition of the values of tidal
wetlands as a whole. This recognition is set forth in the State Wetland's
Act. of 1970, which established the State policy to preserve its tidal wetlands
and. to prevent their despoliation and destruction. To carry out this policy,
the: Act divided the State's wetlands into two types -- State wetlands and
Private wetlands -- and presented a management program for each. State
wet-lands are defined as "all land under the navigable waters of the State
below the mean high tide, which is affected by regular rise and fall of the
tid.e." Private wetlands are "all lands not considered State wetlands bordering
on or lying beneath tidal waters, which are subject to regular or periodic
tidal action and which support aquatic growth". Regarding State wetlands, the Act
makes it unlawful to dredge or fill on these lands unless a license to do so
has; been issued by the State Board of Public Works. The Board bases its decision on
recommendations from the Wetlands Permit Section of the Water Resoruces
Administration. Regulation of activities in private wetlands is achieved
through a permit system of the Wetlands Permit Section.

253

The full text of the Wetlands Act, as well as the order establishing
wetland boundaries and the rules and regulations, is contained in Appendix G.
These regulations are presently being revised to make more explicit the
criteria that the Wetlands Permit Section uses in making recommendations on
activities proposed for private wetlands. The policy guidelines on which
these regulations will be based have also been included in that appendix.

The second aspect of the State's approachto tidal wetlands is based on
the fact that not all wetlands are of equal value. Some areas, due to
significant natural value, warrant special attention which can be achieved
through State Critical Area designation. To assure protection of these areas,
some may be suggested for State or local acquisition.

To aid the State in its wetlands management activities, the Coastal Zone
Unit has undertaken a study to update, refine, and expand information obtained
in a preliminary survey of the State's wetland areas in 1968. Work in progress
includes the mapping of vegetation in the tidal wetlands, an ecological value
assessment of each vegetation type, d vegetation productivity study, and an
information summary that describes the extent in acres of vegetation types for
each major watershed, county, and the State as a whole. The results of this
study will be used by the Wetlands Pemit Section. It will also assist in
determining which wetlands have unique, inherent natural value and thus
deserve designation as state critical areas. The stud)@ is scheduled for
completion in December, 1977.

2. Upland Natural Areas

These areas will be suggested to local governments for recommendation
as State Critical Areas suitable for conservation, or in some cases, preservation.
To assist the local governments and DSP in identifying those upland natural
areas within the coastal zone that are of critical State concern, the Coastal
Zone Ufiit inventoried and field-checked approximately 700 sites. The areas
investigated included non-tidal wetland areas greater than five acres in size,
and forested areas primarily unaffected by human activities. Criteria were
developed to characterize these areas, such as size, site type, vegetation
cover, presence of unique, rare, or endangered plant and animal species,
diversity of wildlife habitat, role as an aquatic buffer, and visual aesthetics.
The Eastern Shore counties were field-checked during the summer of 1975 and the
Western Shore counties were field-checked the summer of 1976. The data obtained
has been computerized, and is available for individual sites.

The Coastal Zone Unit is presently evaluating the sites based on factors
such as inherent natural value, or potential use for wildlife management,
recreation, hunting, commercial forestry, scientific research, and education.
Based on this evaluation, the highest priority areas will be those suggested
to the local governments for recommendations as State Critical Areas.

3. Prime Recreation Areas

There are existing state and local programs, such as the State Program
Open Space, to acquire and maintain areas for recreational purposes. To
supplement the efforts of existing programs, the Coastal Zone Unit, through
its Upland Natural Areas St@idy, will evaluate a natural area'@, potential for
recreational purposes. Thus, some of the upland-natural areas may be suggested
for recommendation as State Critical Areas to be used for recreational public

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access to the Chesapeake Bay.

In addition, a part of the Maryland Outdoor Recreation and Open Space
Plan identified potential outdoor recreation sites in the State. Some of
these @'ites may be recommended for designation as State Critical Areas.
Those located on tidal waters will become Geographic Areas of Particular Concern.

4. Productive Agricultural Land

Because the Maryland General Assembly has declared it state policy to
preserve agricultural land, areas of productive agricultural land may be
recommended by local governments for,designation as State Critical Areas
suitable for conservation. Should areas of productive agricultural land in
the coastal zone be identified by either the Department of Agriculture or
local governments, the Coastal Zone Unit will support the recommendation
of State Critical Area designation for such areas. Any agricultural land
within the coastal counties that is designated as a State Critical Area will
be considered a Geographic Area of Particular Concern in the Coastal Zone
Management Program.

5. Areas of Historical and Archeological Importance

These areas will be suggested for recommendation as State Critical
Areas suitable for preservation or conservation. The activities of the
Maryland Historic Trust fulfill the federal Coastal Zone Management Act
requirement that areas of historical significance be identified in the coastal
,Lone. The Coastal Zone Unit will support the recommendation of historic
sites in the coastal zone for designation as State Critical Areas.

To assist in identifying important archeological sites in the coastal
zone, the Coastal Zone Unit has undertaken a study designed (a) to compile
available information of prehistoric occupation and use of Maryland's coastal
zone, and (b) to assess the importance of environmental factors in determining
areas likely to contain archeological sites. Sites that have been identified
during the course of the study will be mapped. Sites identified within the
area of focus will be suggested for recommendation as State Critical Areas.
If designated, these will become GAPC's.

6. Aquatic Resource Areas

The Coastdl Zone Unit is identifying areas within -the aquatic portions
of Maryland's coastal zone which contribute significantly to water dependent
wildlife, fish and shellfish. These areas provide suitab16 habitat for these
species during some or all phases of the species' life history. Oyster bars,
marshes, and the range of rare and endangered species are examples of these
areas. Some areas may be used only on a seasonal basis while others are used
year-round. Also under consideration are areas which may be suitable for
the development of a fishery resource in a particular area.

255

Identification of these areas is made with existing information such as
sport surveys, commerical catch statistics, interviews, and environmental
reports. Maps are being developed from this review, showing the location of
those areas within Maryland's aquatic coastal ecosystem which provide the
greatest contribution to the living aquatic resource.

The identified aquatic resource areas will be reviewed to determine
which areas are most significant. These will then be suggested to the local
governments and the DSP for recommendation as State Critical Areas.

Information on certain finfish and shellfish resource areas has been
compiled into an aquatic resource handbook. The handbook has been provided
to planning and licensing agencies as a basis for the initial evaluation of
proposed activities within the coastal zone.

Hazard Prone Areas

Hazard Prone Areas, the second category of Geographic Areas of Particular
Concern, are defined as areas which are unsuitable for development due to the danger
of shore erosion, flooding, or other incompatible physical characteristics. Specific
areas identified within this category will be suggested to the local governments, for
their consideration in preparing recom mendations of State Critical Areas suitable for
preservation or conservation. Examples of Hazard Prone Areas include high risk
shore erosion areas, flood plains, steep slopes, and high water table areas.

The two major areas of concern to the Coastal Zone Management Program in
this category are areas of severe shoreline erosion, and flood hazard areas. In
addition,other areas where there is known to be a danger in development due to
incompatible physical characterisitics may be suggested to local governments for
recommendation as State Critical Areas.

1. High Risk Shore Erosion Areas

These areas will be suggested for recommendation as State Critical Areas
suitable for conservation or, in some cases, preservation. To assist the
local governments and DSP in identifying shore erosion areas of critical state
concern, the Coastal Zone Unit has completed a Shore Erosion Mapping Study and an
inventory of existing shore erosion control structures.

The products of the shore erosion mapping study are particularly useful in
identifying areas of severe shoreline erosion. These consist of (a) a series of
maps depicting the historic shorelines of 1845 and 1942 as well as the shoreline
depicted on the particular quadrangle sheet which may vary from 1942 to 1967,
and (b) a second series of quandrangle maps which depict historic shore erosion
rates calculated from the historic shorelines shown on the first series of maps.

2. Flood Hazard Areas

Flood Hazard areas will be suggested as State Critical Areas suitable
for conservation. The primary responsiblity for identifying flood hazard
areas lies with the Water Resources Administration of Department of Natural
Resources. The State Flood Control-Watershed Management Act requires that
rules and regulations be developed governing the activities which occur in
those areas. The Coastal Zone Unit's efforts will concentrate on determining
the environmental characteristics of these areas, to supplement the efforts of
the Water Resources Administration. When the 100-year flood plain areas have

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been identified, the Coastal Zone Unit will concentrate on identifying those
which are most critical from a flood hazard standpoint. These areas will
then be suggested for critical area recommendation by local governments.

Developmental Crifical Areas

Developmental Critical Areas, the third category of Geographic Areas of
Particular Concern, are defined as (1) areas within Maryland's coastal zone that
are identified as suitable for accepting various types of major facilities, and
(2) areas where there is potential for expansion of an existing facility. The
types; of major facilities under consideration inUude Oiiter Continental Shelf
enercry-related facilities, power plants, heavy industry facilities, ports, large-
scale residential projects, large-scale marinas, and mineral extraction facilities.
Specific areas identified within this category will be suggested to the local
governments for recommendations as State Critical Areas suitable for utilization.

To assist the local governments and DSP in identifying developmental areas
of critical state concern, the Coastal Zone Unit, in conjunction with the
Maryland Power Plant Siting Program, has undertaken a study (a) to identify and
assess major facility sites in Maryland's coastal zone for the types of major
facilities mentioned in the preceding paragraph, and (b) to develop methods for
evaluating the social, economic, and environmental impacts of site-specific major
facility proposals. The areas identified will be suggested for State Critical
Area recommendation.

Areas for Preservation or Restoration

This requirement of the Federal Act is also addressed by the State through
its Critical Areas Program. As described in this chapter, areas suitable for
preservation will be identified and designated State Critical Areas as part of
the Critical Areas Program. Examples of such areas may include specific tidal
wetland sites.- upland natural areas, or important historic sites. For some
areas, such as tidal wetlands, if acquisition of a site is deemed necessary,
funds are available for this purpose, e.g., wetlands acquisition fund.

The Maryland Environmental Trust also has the power to acquire property
of aesthetic, scenic, or cultural significance for conservation purposes. Its
conservation easement program helps to conserve farmland, woodlands, stream
corridors, unique or rare natural areas, or other kinds of open space by arranging
non-development agreements with private landowners. The Trust is responsible for
easements on 5,305 acres of land, most of it in the coastal zone. Included are
three miles and 1,680 acres of Potomac River frontage in Charles County, 1,182 acres
on Chesapeake Bay in Kent and Queen Anne's Counties, and 300 acres along tributaries
of the Little Choptank River in Dorchester County.

Regarding areas for restoration, the major efforts are directed toward aquatic
areas and water quality improvement. Areas *ill be identifi 'ed in which water quality
conditions should be maintained or improved to protect or restore important aquatic
resources habitat.

- 257

Priority of Uses in GAPCIs

Because the major implementation mechanisms for GAPC's are the State
Critical Areas Program and the State Wetlands Act, the following discussion
addresses the priorities of uses as they apply to each of these programs.

State Critical Areas

For each designated State Critical Area, guidelines for determining priorities
of uses will be included in the management program. Particular types of land uses
that are compatible with each critical area will be identified. This will ensure
that the future use of each area is consistent with the intent of the critical
area designation.

vegetated Tidal Wetlands

All vegetated portions of tidal wetlands are a generic class of GAPC. Because
the Wetlands Act established the State's policy to preserve its tidal wetlands and
prevent their destruction, th& highest priority is to preserve the integrity of
the wetland ecosystem. As discussed previously,activities in tidal wetlands are
regulated by a permit and licensing program administered by the Water Resources
Administration. Prior to any dredging or filling within tidal wetlands, except
as noted below, a State wetlands license, Private wetlands permit, or Notification
(and subsequent approval) must be obtained from the State.

The following activities are uses of highest priority in tidal wetlands and
do not require a license, permit, or notification to the State, if otherwise permitted
by law:

(a) dredging of seafood products by licensed operators;

(b) harvesting of seaweed;

(c) mosquito control and abatement work, including alterations or modifications
for mosquito control purposes, as approved by the Maryland Department of
Agriculture;

(d) improvement of wildlife habitat approved by the Department of Natural
Resources;

(e) maintenance of agricultural drainage ditches as approved by the appropriate
Soil Conservation District, (Construction of new drainage ditches within
State wetlands requires a State wetlands license);

(f) trapping, hunting, fishing and shellfishing;

(g) cultivation and harvesting of shellfish, including such reasonable
excavation in Private wetlands as normally necessary in conducting
such activities;

(h) cultivation and harvesting of agricultural or horticultural products,
including grazing and haying;

258 -

M construction and maintenance of walkways, foot bridges, duckblinds,
docks, boathouses, boat shelters, and other similar structures,
provided that these structures are built on pilings, so as to permit
the unobstructed flow of the tide and preserve the natural contour
of the pi7ivate wetland;

(j) construction and maintenance of tide gates designed to prevent the
encroachment of salt water into agricultural drainage ditches; and

(k) the repair and maintenance of earthen. dikes around a single residential
dwelling, provided that such work does not involve the extension or
increase in dimension of the existing dike.

The following activities are high priority uses in Private wetlands. A
property owner must notify the Water Resources Administration in writing prior
to commencing any of these types of activities. A determination is then made
as to whether or not a permit is required.

(a) Alterations or modifications which are customary and periiiitted by
existing regulations for the conservation of soil, vegetation, water,
fish, shellfish, and wildlife, including fur-bearing animals;

(b) Improvements necessary to preserve accessto navigable waters, or
to protect Private wetlands against er6sion; provided that any
improvement authorized involving either the dredging or filling of
State wetlands may hot proceed unless a license for filling or
dredging has been issued by the State Board of Public Works; and

(c) Installation and maintenance of underground utilities, provided
that the surface of the wetland is restored-substantially to its
original condition.

Except as noted above, it is unlawful to dredge, fill, remove, or otherwise
alter any tidal wetlands without a State wetlands license or a Private wetlands
permit. Thus, the following types of activities are considered uses of lowest
priority, and are prohibited without a license or permit.

(a) Filling, placement, dumping, or discharging on tidal wetlands
of any loam, peat, sand, gravel, soil, or other similar substance;
or any trash, garbage, debris, junk, or other polluting substance;

(b) Draining, excavating or dredging tidal wetlands or the removal of
any loam, peat, sand, gravel, soil, or other similar substance; and

(c) Performing any act in tidal wetlands in a manner which would destroy
the natural vegetation, substantially alter existing patterns of
tidal flow, or otherwise alter or permit the alteration of the
natural and beneficial character of such wetlands.

259

Except as specifically defined in the law, a riparian owner is not to be
deprived of any right or privilege that he had prior to the passage of the wetlands
Act. In this regard the following guidelines are followed: .

(a) Whenever reasonable access can be provided directly from fast land,
creation of a channel through vegetated wetlands, filling for access,
or extending access inland with artificial channels shall be prohibited..

(b) In those cases where access is to be provided to a subdivision or other
multi-home development or community, a centralized boating access
channel or pier is preferable to multiple piers or channels. In the
case of isolated single family dwellings, a pier from fast land to
open water shall normally fulfill the right of reasonable riparian access.

(c) The ownership of land bordering upon tidal waters does not carry
with it the automatic right to create channels to extend boat access.

It is the general policy of the State to allow dredging and filling on State
or Private wetlands only for water-dependent activities, such as boat facilities,
which cannot function in an area away from the shoreline. The filling of State or
Private wetlands for the purpose of creating fast land is generally considered
contrary to the public interest. Examples, of structures, facilities, and activities
that generally are not appropriate uses of tidal wetlands include (but are not
limited to) commek6ial establishments; residential developments; spoil and dump
sites; lagoong for sewage and industrial waste; industries and factories; storage
areas for boats; and recreational areas requiring filling above tidal level such
as athletic fields, parking, and picnic areas.

260

C APTER V

LOCAL GOVERNMENT INVOLVEMENT

V. LOCAL GOVERNMENT INVOLVEMENT

Legislative Requirements

Section 303(d) of the federal Coastal Zone Management Act, as amended,
requires states to "encourage the participation of the public, of federal,
state, and local governments, and of regional agencies in the development of
coastal zone management programs."

In order to obtain federal approval, a state must demonstrate that:

1) It has developed and adopted a management program for its coastal
zone with the opportunity for full participation by relevant federal
agencies, state agencies, local governments, regional organizations,
port authorities, and other interested parties, public and private.

2) It has coordinated its program with local, area, and interstate plans
applicable to areas within the coastal zone.

3) It has established an effective mechanism for continuing consultation
and coordination between the management agency and local governments,
and with other agencies within the coastal zone, to provide for their
full participation in carrying out the purposes of the Coastal Zone
Management Act.

4) It has held public hearings in the development of the management program.

Specific procedures for continuing consultation and coordination are also
specified in the Act. The management agency is required, before implementing any
decision which might conflict with any local zoning ordinance, to consult with
the local government whose zoning authority would be affected. The local governments
have 30 days to submit comments on a proposed program action. No action is to be
taken during that period unless the local government waives its right to comment.
If comments are submitted to the management agency (the Coastal Zone Unit) within
30 days by any local government, the management agency:

1) is required to consider the comments;

2) is authorized to hold a public hearing on the comments; and,

3) may not take any action within the 30-day period to implement the
management program decision, even if the action is modified on the
basis of comments.

Section 308 of the regulation states, "All public hearings required under
this title must be announced at least thirty days prior to the hearing date. At
the time of the announcement, all agency material pertinent to the hearings,
including documents, studies, and other data, must be made available to the public
for review and study. As similar materials are subsequently devel;3ped, they shall
be made available to the public as they become available to the agency."

261

Regarding the financing of research and training which may be necessary,
Section 310(b) states, "The Secretary may make grants to coastal states to
assist such states in carrying out research, studies, and training required with
respect to coastal zone management."

Operational Role of Local Governments

This chapter describes the operational role of the local governments in the
implementation of Maryland's Coastal Zone Management Program. The procedures for
involving local government which were implemented during the development of the
program are described in Appendix B.

Local governments are expected to become a significant part of the-Program,
by conducting their planning, permitting, and other administrative functions in
a manner that supports the goals and objectives for coastal zone management. Pass-
thoucrh funds are being provided to local governments in order to supplement their
present capabilities and to ensure a greater commitment to their coastal management
responsibilities.

The role of local government in the Coastal Zone Management Program has
six components:

1) Coastal Management Structure for Local Governments

In each of the 17 coastal jurisdictions, elected officials have
selected one or more agencies with planning, administrative, or economic
development responsibilities, to act as lead agency for th6 Program.
This designated lead agency is the principal contact for coastal
management in that jurisdiction, and constitutes a direct link between
local government and all state agencies with coastal responsibilities
at policy and'operation levels. The lead county agency is the recipient
of program funding and manpower assistance as it becomes available for
the local jurisdiction. The designated lead agencies (or individuals)
for each jurisdiction are listed in Appendix B.

The pass-through funds have been made available to the local
jurisdictions on the basis of contractual understandings negotiated
by the lead agencies and the Coastal Zone Unit. The work funded consists
of tasks that the local jurisdictions, with the concurrence of the Coastal
Zone Unit, have proposed to accomplish in support of the Program's goals
and objectives. In negotiating these agreements, priority is given to
activities that assure more compatible local, area-wide, and state plans,
programs, management policies, and other joint actions relating to the
coastal zone.

The agreements recognize and maintain the traditional land use
responsibility of the local governments. They depend on and support
local governments' capability to implement the Program within their
jurisdiction.

262

2) Technical Expertise for Local Management of the Coastal Zone

Some measure of expertise related to coastal matters is present
in the local jurisdictions. However, where the level of expertise of
existing personnel and government services is insufficient to meet
coastal management responsibilities, the pass-through funds may be used
to acquire full-time technical assistants with the requisite knowledge
and experience.

The hiring of a technical assistant strengthens the capability
of local governments to support the goals and objectives of the Coastal
Zone Management Program through their planning, permitting, and
administrative functions. Responsibilities handled by a technical
assistant may include (a) representing or providing staff support to
the local jurisdiction in project evaluations or program reviews, (b)
aiding the local government in reviewing, analyzing, and drafting
management plans for State Critical Area recommendations; and (c)
identifying coastal problems which may require additional assistance,
and providing documentation of these problems to the Coastal Resources
Advisory Committee.

The Coastal Zone Unit supports regional coordination and assistance
for dealing directly with coastal problems, and area-wide agencies
should be considered as sources of technical expertise for local
governments.

3) Financial Assistance to Local Coastal Zone Management Problems

If it is determined that additional funding assistance is necessary
to solve particular coastal problems, financial assistance may be sought
from the CZMP through the Coastal Resources Advisory Committee. The
Committee will review all requests for assistance from local governments,
as well as from other sources, and will rank them according to priorities
for funding. Generally, highest priority for funding will be given to
projects addressing problems which are common to several local governments
and which are vital to the effective management of the coastal resources.
Projects will be funded by the Coastal Zone unit according to these
priorities, and to the extent funds are available.

4) Involvement in Project Evaluation

The CZMP aims to improve the efficiency, timeliness, comprehensive
scope, and credibility of local, state, and federal decisions on
projects proposed for the coastal zone. The mechanism for achieving
this is the project evaluation procedure described in Chapter I.

263 -

Through its review procedure, the designated lead agency of a
local government will identify projects which have potential for serious
impacts in the coastal zone, or that come into conflict with Program
goals and objectives. Where locally screened projects have the
potential for adverse impacts of greater than local concern, the agency
may request a project evaluation. This procedure assures a complete
and timely consideration of the comprehensive impacts of these projects,
by all aff6cted units of government. Local government is not burdened
with additional review, delays, or repetition of effort of the other
local or regional agencies. Although the Coastal Zone Unit is not a
regulatory agency, it will analyze project proposals for consistency
with the Program goals and objectives. When an inconsistency is identified,
the Coastal Zone Unit will notify the responsible authority for appropriate
action.

In addition to assisting local decision makers by providing project
evaluations, the Coastal Zone Unit will continue to provide resource
inventories and technical analyses. Some of the current resource studies
relevant to local planning and decision makifig ificlude:

A. Maryland Upland Natural Areas Study
B. Archeological Resources Management Study
C. Coastal Use Capability Study
D. Recreational Boating on the Tidal Waters of Maryland
E. Management Alternatives for Disposal Activities in Maryland
Waters
F. Shore Erosion Control: A Guide for Waterfront Property Owners
G. Maryland Wetlands Case Maps
H. Historical Shoreline and Erosion Rates Maps
I. Shore Erosion Structures in Maryland: Their Location and
Extent
J. Baltimore Metropolitan Coastal Area Study
K. Major Facilities Study

5) Local Participation in State-Wide Coastal Studies

The CZMP provides local governments with a stronger role in setting
research and study priorities at the state level, because they
will have a voice in future studies conducted by Maryland's Progra:m.
Their membership on the Coastal Resources Advisory Committee and their
participation on special project steering committees guarantee them the
opportunity to participate in setting research priorities and levels of
funding, and in selecting contractors to undertake studies for the Program.
Several local governments have already participated in this way on the
Major Faciliti&s Study.

264

6) Local Involvement in State Coastal Policy

The mayors of Baltimore and Ocean City, the executives and commissioners
of the sixteen coastal counties, or their designees, are members of the
Coastal Resources Advisory Committee. The Committee's present function
is to advise the Secretary of Natural Resources on policy aspects of the
Coastal Zone Management Program for Maryland. After federal approval
of the Program, this body will provide a forum for the local government
representatives, who will:

a. Present local concerns on state-wide actions prior to
policy decisions. Such actions will include:

i. review of Maryland's program grant applications on
a yearly basis before submission to the Department
of Commerce, National oceanic and Atmospheric
Administration;

ii. assisting in the setting of priorities for the
Coastal Energy Impact Program and other
funding programs available to states under the
1976 Amendments to the Act.

b. Ensure that the other participants of the Program fully
recognize and consider local management operations, priorities,
problems, and plans. The following subjects have been
identified by local jurisdictions during program development
as candidates for consideration by the Committee:

1. Federal Water Pollution Control Act programs administered
in the State;

2. The Maryland Flood Plain Insurance Program;

3. The Federal Air Quality Program;

4. Federal and State dredging and disposal projects;

5. State park planning projects.

C. Ensure that changing priorities and programs at the local level
are compatible with and reflected by those of other participants
in the Program.

The Program's structure encourages local governments to initiate
new management procedures, to modify inadequate existing programs, to
update plans, and to monitor or enforce their coastal activities in a
manner that supports the Program's goals and objectives. The method
for implementing and operating this structure is described in Chapter I.

265 -

The Baltimore Metropolitan Coastal Area Study -
A Local-Regional Response to CZM Program Development

Maryland's pilot project for coordinating local government and regional
involvement in coastal resource management is the Baltimore Metropolitan Coastal
Area Study. This study was funded by a demonstration grant from the Department
of Housing and Urban Development (HUD) and is proceeding with support from the
Office of Coastal Zone Management (OCZM). The purpose of the demonstration
project was to define the relationship between comprehensive land use planning
activities carried out by the local jurisdictions and the Regional Planning
Council (RPC), and the concepts of coastal zone management developed by the
State under the Coastal Zone Management Act of 1972. The Study serves as a
means to integrate objectives of HUD land use planning and Coastal Zone Manage-
ment: into local comprehensive planning activities and the Regional General
Development Plan, and as a means to implement coastal zone management goals and
objectives into local governments day-to-day activities such as planning,
permitting, licensing, capital programming, and budgeting. Finally, the study
identified coastal zone management roles and responsibilities appropriate to
each member of the Regional Planning Council and State government.

The Baltimore Metropolitan Coastal Area Study outlines the process and
issues that were addressed during program development for the Baltimore region,
as well as issues that must continue to be evaluated as part of program implementa-
tion through the networking process. The Study, then, serves as an example of
approach that local governments and a regional planning authority (the Baltimore
Regional Planning Council) can use in conjunction with State agencies to evaluate,
discuss, and resolve coastal issues of local and regional concern.

To accomplish the study, the Energy and Coastal Zone Administration drafted
a Memorandum of understanding with the Regional Planning Council. The memorandum
stated that the Energy and Coastal Zone Administration and the RPC agreed to work
together, in cooperation with Baltimore City and Anne Arundel, Baltimore, and
Harford Counties, under a Unified Work Program to develop and coordinate all
activities as required for HUD land use planning and CZM program development
in the coastal area of the Baltimore Metropolitan Region.

To carry out the joint work program, committees were formed to perform,
oversee, review, and approve the end products of the Study:

Task Force

The Task Force is an interagency group of technical personnel, funded with
HUD and OCZM monies, and other personnel from various State agencies with a
direct and continuing interest in the information assembled. This committee
performs tasks specified in the work program and reports to the Technical
Committee. Membership of the Task Force includes representatives from:

Anne Arundel County
Baltimore County
Baltimore City
Harford County
Regional Planning Council Staff
Energy and Coastal zone Administration
Maryland Department of Transportation 41
Maryland Part Administration

- 266

Technical Committee

The Technical Committee is also an interagency group, which prepared the
original work program and memorandum of understanding, and continuously commented
upon and, when necessary, modified t@e work program. Members of the committee
formally review the results of the Task Force's work, and provide commentary
from their own agency's perspective. The Committee is responsible for integrating
elements of Coastal Zone Management Program development, HUD 701 Planning, and
208 Water Quality Planning into the Study.

The Committee also serves as a forum for State, regional, and local
interests to resolve problems regarding use of baseline information in the Work
Program, and to communicate information to government agencies, the Advisory
Committee, and the public. At completion of the Study, the Technical Committee
will be responsible for overseeing the process of endorsement. Membership of
the Technical Committee includes representatives from:

Anne Arundel County
Baltimore County
Baltimore City
Harford County
Maryland Department of Health and Mental Hygiene
Maryland Department of Transportation
Maryland Port Administration
Maryland Department of State Planning
Maryland Department of Economic and Community Development
Energy and Coastal Zone Administration
Regional Planning Council Staff

Coastal Zone Advisory Committee to the Regional Planning Council

The Coastal zone Advisory.Committee consists of members from local govern-
ment, State government, academic institutions, private business, and appointed
public participants. Federal agencies participate as observers. The Advisory
Committee's role is to review and comment on documents prepared by the Technical
Committee, and to provide recommendations to the RPC on coastal policy and related
intergovernmental issues. The Advisory Committee wil also make recommendations
to the RPC regarding the endorsement of the regional coastal zone Study.

In addition to the committees, the local governments in the region have
established a coastal management structure in their planning offices. They have
hired technical personnel to assist State personnel with program development,
identified local coastal problems, and assisted in development of technical
methods for management boundary determination, project evaluation, problem area
determination, and public participation.

The Study Process

The course of action adopted by the Task Force and the supervisory
committees for the overall study consists of three steps. First, coastal problems
are described, recommended solutions are set forth, and commitments are made to
analyze the proposed solutions. Second, the governments and agencies of the
coastal area review the recommendations for endorsement. Third, a follow-up
report is prepared on the outcome of the recommendations and the new commitments
of the study participants to coastal zone management.

The first step of this process has been accomplished in the report "Baltimore

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Metropolitan Coastal Area Study -- An Agenda for Action." It contains a
realistic assessment of what should be done within the Baltimore metropolitan
coastal area to manage coastal related resources and control the use of land.
It is not a 'plan', but rather a set of recommendations on actions to be taken
by the participants in coastal decision-making -- citizens, local governments,
regional groups, and State government.

The first element of the Study is the delineation of the planning boundary.
This process included the identification of issues of concern within the coastal
area. Both general issues, such as the economic vitality of the Port, and site-
specific issues, such as the revitalization of Fells Point, were included.
The mapping of natural and economic features relevant to boundary determination
and the examination of existing shoreline-related land and water activities led
to a determination of a boundary by each jurisdiction.

In Anne Arundel County, the study area consists of the tidal rivers in the
County and their entire watersheds up to the head of tide. The study area also
includes the headwaters of the Severn River. This headwater area was included
because it is a fish spawning area and an undeveloped natural area containing rare
plants. In Baltimore and Harford Counties, the study area consists of the coastal
plain. It includes the tidal rivers and their entire watersheds up to the head
of tide. The study area in Baltimore City contains the shoreline, all land
involved in port-related industrial activity, all marine terminals, all land
recreation areas with shokeline access, and the adjacent residential communities
of Fells Point, Brooklyn, South Baltimore, and Cherry Hill. The study areas in
the four jurisdictions form a continuous boundary.

The second Study element is a framework for understanding the problems of
the coastal area. It consists of a set of management concerns (e.g., the decline
in the ability of coastal waters to perform their natural functions) and a list
of specific geographic areas where these concerns are evident. With this problem
framework as a guide, specific goals and objectives regarding these concerns are
applied.

The third element is the heart ofthe Study. It contains a discussion of each
problem area in the coastal zone and presents recommendations for its management.
The first section, "The Quality of Our Waters", deals with such problem areas as
water quality, shellfish and finfish resources, recreational boating, and
cormercial boating.

Water Quality

The region's coastal waters have been affected by impacts from such
pollution'sources as industrial wastes, failing sewage treatment plants and
collection systems, agricultural runoff and sedimentation, urban stormwater
runoff, and septic system failures.

In addition to identifying specific areas where municipal treatment facilities
should be planned and constructed, study recommendations call for the agencies

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planning facilities to investigate the feasibility of reducing sewage flows
and to examine alternatives to central sewerage systems when studying areas
containing failing septic systems. Also proposed are improved means of
inspection and control of sewerage facility construction and operation, and
a series of steps to provide for stricter control of runoff and better manage-
ment of sediment control programs.

Shellfish and Finfish Resources-

Findings focus on the variety of techniques and participants involved in
shellfish/finfish resource management, the influence of land and water activities
on the Bay's ability to support a productive fishery, and the lack of data with
which to predict fishery production trends. Study recommendations call for
establishment of a fishery management and monitoring network to be sponsored
cooperatively by Maryland and Virginia, and the development of regional guidelines
that ensure consideration of fishery management and production in coastal land
use decisions.

Recreational Boating

Increasing demand for recreational boating opportunities has led to the
intensified use of many regional tributaries, and an increase in shoreline
deterioration, boating accidents, and boater complaints. Boating impacts (e.g.,
fuel leakage, damage to aquatic grasses, wildlife disturbance, disposal of raw
sewage) are most significant in shallow, enclosed waters, areas of poor water
quality, and areas of intense use. Problems of congestion and high accident
rates are evident in nine of the region's ten tidal rivers. To solve these
problems, more information is needed regarding the reasons for boating conflicts,
such as information relating to mooring areas and site specific congestion
problems.

Full realization of the region's recreational boating potential is
hampered by inadequate access to the water, by lack of sufficient shoreline
facilities, by physical obstructions, by restricted waters, and by conflicts
with commercial boating (See Chapter III).

Study recommendations regarding these problems identify areas where
recreational boating facilities could be provided, and demonstrate the need
for improved licensing and safety regulations, the necessity to eliminate
disposal of untreated waste from boats, and the need to increase our practical
understanding of boating congestion and water use conflicts throughout the region.

Commerical Boating

In light of the frequency of major oil spills in, coastal areas throughout
the country, the potential of such an occurrence in Chesapeake Bay is a major
concern. The physical characteristics and sensitivity of this estuary would
indicate that potentially adverse impacts would be economically and ecologically
substantial. While there are many chemical and petroleum-related products stored,
manufactured, or transported on or near the Bay, oil is of particular concern
because its impact on aquatic life is direct and immediate. The key Study recom-
mendation calls for an oil spill risk analysis focusing on oil-related facilities
which handle crude products.

The second section, "The Land/Water Edge", covers such areas as the Port
of Baltimore, water-related employment centers, spoil disposal, wetlands, marinas,
public access, and parkland.

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The Port of Baltimore

]Key concerns in the management of the Port are the limited number of
feasible sites for terminal expansion, the necessity of channel improvements
and associated spoil disposal sites necessary for the Port to maintain its
competitive position, the type of terminal expansion required, and the long-
term question of balancing economic vitality and environmental integrity.
Study recommendations call for means to ensure a significant voice for the
Maryland Port Administration in the use of land adjacent to deep draft channels,
a regular maintenance dredging program, construction of the Hart and Miller
Island spoil disposal facility, the construction of new terminal capacity,
the conversion of certain facilities from break-bulk to container uses, and
timely and consistent Federal and State action on the various permits required
for Port improvements.

Water-Related Employment Centers

Given the limited amount of water-accessible land where significant employ-
ment 'Levels can be generated, the problem of providing jobs and taxes with the
least negative impact on coastal resources is a central concern. There is little
water-dependent employment within the coastal zone, and much of the land with
access to primary channels is now used for storage of such materials as ore and
refined oil. Storage generates very little employment and constitutes an inefficient
use of scarce water-accessible land. Remaining open land with frontage on
access channels must be reserved for water-dependent industries and employment or,
if they cannot be found, industries that are labor-intensive rather than land-
intensive.

Study recommendations deal with such specific land use and transportation
needs as the placement of fill at Port Covington to allow expansion of marine
terminals, the provision of westbound ramps for the Beltway in the Hawkins Point/
Marley Neck area, and the realignment and reconstruction of railyards in the Canton
area to improve their operational efficiency. Areas covered include Fells Point,
Falls Harbor, Locust Point, Canton, Curtis Bay, Hawkins Point, Thoms Cove, and
Anne Arundel, Baltimore, and Harford Counties.

Spoil Disposal

Dredging operations in the region may generate 155 million cubic yards
of spoil material over the next twenty years, 140 million cubic yards of which
could result from Federal, State, and private dredging activities in Baltimore
Harbor and the Chesapeake and Delaware Canal and approaches. Existing and
proposed containment sites will not accommodate the maximum expected dredging
quantities from the Harbor and related channels. The State must clearly establish
its priorities regarding completion of major dredging projects, continuance of
open water disposal, construction of State disposal facilities, and accommodation
of material generated by the private sector in Baltimore Harbor. To this end,
Study recommendations call for investigation of the impacts of and standards for
open water disposal, the construction of inner harbor containment sites with
a capacity of 20 million cubic yards over the next ten years, the provision of
disposal areas for private interests when capacity exceeds the State's needs,
and the immediate drafting of a 20-year schedule for selection, construction,
and use of disposal areas for dredging projects.

Current management roles and regulatory responsibilities for dredging and
disposal operations have led to problems in the following areas: planning
and providing legal assurances for the deepenifig and maintenance of Federal channels

270-

in Baltimore Harbor, responsibility and procedures for open water disposal,
responsibility for long-range disposal facility planning, funding, and construction,
monitoring of non-Federal dredging projects, and the review of project applications.
Study recommendations call for the assignment of management responsibility for
reviewing and scheduling disposal alternatives for major projects to a single
lead agency, extensive monitoring of non-Federal dredging projects, improved
procedures for State-Federal coordination of maintenance dredging and disposal
schedules, the development of guidelines for acceptable disposal methods, and an
investigation of the possibility of controlling water-oriented land use through
regulations of new channel dredging.

Wetlands

Wetlands are a highly productive biomass, a source of nutrients, and an
essential factor in the life cycles of economically important fish and shellfish.
Physically, they control erosion mechanisms and trap sediment. Hydrologically,
they are buffer systems to flood waters. The Maryland Wetlands Act of 1970 seeks
to protect and regulates the use of tidal wetland areas. However, the Wetlands
Act does not afford State protection of non-tidal wetlands.

Study recommendations call for the protection of both tidal and non-tidal
wetlands from the effects of adjacent land use changes, internal alterations,
dredge and waste disposal activities. other recommendations call for a new
compensation policy for fast land created from wetlands, increased fines for
Wetland Act violators, a mandatory buffer zone around wetlands, and investigations
of the feasibility'of creation, of new marsh and the cumulative impacts of
wetland alterations.

Marinas

Marinas, piers, mooring buoys, and boat launching ramps are among the most
common uses of the region's shoreline and adjacent waters. Even so, current
demand for launching ramps exceeds supply, and the demand for slips will exceed
supply by 1990. The contribution of these facilities to the region's economy
and to boating in general is beneficial, but there are are also social and
environmental problems associated with them. For instance fuel leakage and
spills from marina fuel docks and discharges of sewage and fuel from boats
around a marina degrades water quality, and unless the marina is located in an
area well-flushed by tidal currents, the damage to water quality may be long-
lasting. The region's marinas are regulated at the Federal, State, and local
levels, but comprehensive zoning regulations for marinas are in effect only in
Anne Arundel County.

Study recommendations point out the need for better understanding of the
impacts of marinas, piers, and mooring buoys, implementation of marina zoning
regulations, coordination between local, state, and federal agencies evaluating
marina applications, studies investigating the effectiveness of boat pollution
regulations, and alternative waste disposal methods and facilities at marinas.

Public Access To The Shore

Even though the basic right of public access to all coastal tidelands is
firmly grounded in Maryland law, homes, businesses, and industries have often cut
off existing or potential public access to the shoreline, eliminated waterfront
vantage points', used up available road capacity and off-street parking, and
generally precluded the use of the shoreline for recreation. The severity of
this lack of public access in an urban region is addressed in recommendations

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proposing various methods of permanently securing public access, and calling
for multiple, public-oriented uses of major coastal energy and public servi6e
facilities.

Parkland

Coastal park, open space, and recreation facilities are vital to the quality
of life in the region, and their supply is currently extremely limited. Only
eight miles (or less than four percent) of the region's 792-mile shoreline is
in public parkland. Present coastal facilities are overused because regional
demand for most coastal recreation activities exceeds the supply. Recent
increases in State and local parkland acreage and the expansion of recreation
facilities within the region have nearly kept pace with new demands, but the
past supply deficit remains unfilled. Thus, even though the supply of parkland
and recreation facilities has increased, it has not done so at a rate sufficient
to meet existing demands.

study recommendations call for balancing coastal development with adequate
open space and recreation, placing acquisition priority on open space with
maximum shoreline frontage, establishment of Regional Shoreline Park and Coastal
Reserve systems, protection of existing parks from overuse, and increased use
of zoning and subdivision controls to promote provision of open space.

The third section, "Inland Coastal Areas", deals with non-water related
employment centers, land transportation, archeological and historic preservation,
natural areas, agricultural resources, and mineral resources.

Non-14ater Related Employment Centers

Certain employment centers not dependent on a shoreline location have impacts
on the coastal environment. These centers include the 195-Route 40 corridor
in Harford County; the Patapsco Neck, Back River Neck, and Middle River Neck
areas of Baltimore County; the Middle Branch area of Baltimore City; and the
Marley Neck area of Anne Arundel County. Problems facing these areas are described
and guidelines for their future use and development are recommended.

Land Transportation

The transportation stimulus that originally made the region a natural hub
for growth has been outpaced by development in many coastal areas, resulting
in overutilization and congestion. This is particularly evident on coastal
peninsulas where transportation options are naturally limited, in corridors
where a single facility is used for both local and regional traffic, in
residential communities lacking nearby employment opportunities, and in such
bottleneck areas as Annapolis, Parole, and the South River Bridge. Also of
concern are a) the coordination between policies and plans for county growth
and realistic transportation opportunities, b) the special environmental problems
encountered in locating a transportation system in the coastal zone, and c) the
necessity for a well-coordinated regional transportation planning process.

Study recommendations call for growth controls on coastal peninsulas where
the capacity of new or existing transportation facilities must be protected
from overuse, discouragement of residential growth in the Marley Neck/Magothy
River area until alternate transportation links are provided, application of
traffic management techniques in Annapolis (e.g., staggered work hours, parking
restrictions; rather than attempts to accommodate increased traffic flows) and
improvement of access to the Mayo Peninsula to allow future growth. Planning

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recommendations call for local and regional agencies to coordinate closely
their land use policies with the State transportation planning process,
special consideration of the environmental impacts of projects in the coastal
zone, greater representation of MDOT's Modal Administrations in Baltimore City
and Regional Planning Council transportation planning activities, and more
emphasis on funding and the efficient use of existing facilities by coastal
planning groups.

Archeological and Historic Preservation

The many historic, architectural, and archeological sites within the
region's coastal areas provide a significant link with Maryland's past and an
important addition to its educational and cultural resources. Efforts toward
preservation, however, are hindered by the rapid loss of archeological sites
in coastal areas to natural processes, a lack of knowledge about the relative
importance and practical benefits of historic properties in the coastal zone,
and uncertain coordination and support of preservation among government agencies
and private groups. Study recommendations point out the need for consistent
criteria in evaluating historic or archeological significance, a survey of
archeological resources, an expanded public and agency review procedure, and
better public understanding of the implications of preservation.

Natural Areas

There has been substantial destruction of natural areas in the coastal zone.
The loss of these areas can be attributed primarily to the expansion of
residential development and the resulting development of public and private support
services. Significant natural areas have also been lost due to industrial
expansion, including sand and gravel mining operations. Thus, urbanization of
the coastal zone has resulted in the preemption of natural areas for other land
uses. It has also meant an increase in incompatible land uses adjacent to
natural areas, thus reducing their value. The cumulative impact of encroaching
urban land uses upon natural areas seriously threatens the continuation of
their ecological processes. Public benefits from coastal natural areas can only
be assured if they are sufficiently protected from incompatible land uses.

Study recommendations call for specific limitations and controls on
development near significant or fragile natural areas, the adoption of tree
preservation ordinances, and priority acquisition of Natural Environment
Areas and Natural Resources Management Areas within the region's coastal zone.

Agricultural Resources

Vast areas of agriculturally productive coastal land have been lost to urban
expansion. The number of coastal farms in the region has steadily declined for
two decades. The urbanization of the coastal zone has resulted in the location
of subdivisions and homes that fragment agricultural land and ownership patterns,
making many coastal farm operations less economical. Coastal development and
land speculation have rapidly increased the cost of agricultural land and its
tax assessment, thus increasing their operating costs and decreasing their
economic viability. The retention of coastal agricultural land can help guide
the region's future urban growth, reduce costs for public service extensions,
provide beneficial use of land that could be hazardous or inappropriate for
other types of development, and maintain such future land use options as the
extraction of mineral resources.

- 273 -

Study recommendations call for tight zoning restrictions on the use of
agriculturally productive land, the establishment of urban-rural demarcation
lines to discourage rand6m urbanization, taxing policies that encourage
agricultural preservation and discourage land speculation, and subdivision
regulations that discourage the reduction of agricultural parcels to an
unproductive size.

Mineral Resources

Since most of the region's supply of sand and gravel is obtained from
within the coastal zone, the management of this limited resource is of critical
concern. Current management problems include the lack of accurate data on the
availability of coastal mineral resources, land use conflicts caused by urban
expansion into mineral producing areas, the environmental hazards of mining, and
inadequate review procedures for mining permits.

Study recommendations focus on the need for better inventories of
mineral deposits, the establishment of mineral-resource zones, improved
enforcement of local and State mining, grading and sediment control regulations,
and the establishment of watercourse buffers for coastal mineral extraction sites.

The final section, "Growth Pressures and Their Management", proposes planning
techniques to manage future growth in sensitive coastal areas.

Growth Pressures

Policies for urban coastal zone management should be directed toward a
pattern of centralized development for the Baltimore region. This reflects
consideration of a number of alternative future regional development patterns, and
a comparison of their consequences with the goals established for urban coastal
management. The benefits of a centralized development pattern can be found in
air, water, and energy resource use, land resource preservation, public facility
and infrastructure commitments, and economic and fiscal patterns.

Recommended policies include the establishment of an urban/rural boundary,
directing growth to existing communities where support facilities are available,
the establishment of a permanent open space system in urban areas.

Local jurisdictions are to prepare "Coastal Guidance Packages" which determine
how each policy will be implemented in each jurisdiction. These Coastal Guidance
Packages will combine continuing land use planning activities, coastal management
goals and objectives, and recommendations of the Sti-idy in a framework that
includes a description of appropriate land and water uses, management policies
and implementation techniques, applicable performance standards and guidelines,
and Points of consideration that are required for the State's project evaluation
and Program review process. The Coastal Guidance Packages should be prepared by
the local jurisdictions, with technical assistance from Regional Planning Council
staff and the Coastal Zone Unit, and should integrate ongoing adequacy-of-facilities
studies, 208 planning, facilities planning, and comprehensive land use planning
with the coastal zone management program.

The fourth and final element of the Study describes'a three-step pro6edure
for local/state decision-making and action on the findings of the study. The
Coastal Zone Management Act requires specific management policies, legislative
recommendations, and implementation tools at the conclusion of the program
development stage. To this end, this portion of the Study analyzes the local
and state role in coastal zone management and describes@a process by which

- 274 -

each Study participant will examine the recommendations appropriate to its
concerns.

As the first step in the study process, the Baltimore Metropolitan
Coastal Area Study can be used as a guide tracing two years' work to coordinate
action, to build consensus, and to resolve conflicts in the preservation,
conservation, and use of its coastal lands and waters.

The second step in the overall process isthe actual examination of the
recommendations by the participating governments and agencies. The Baltimore
Metropolitan Coastal Area Study will be distributed regionally in November, 1977.
From November through early 1978, participants in the Study will present the
recommendations to policy-making bodies in each local jurisdiction and State
agencies. These policy bodies will evaluate the recommendations and endorse
those that are consistent with their goals and objectives.

The third step is the preparation and distribution of a report describing
the outcome of the Study's recommendations and the new commitments of the
study participants to coastal management. The final report will attempt to
provide this resolution by describing how each jurisdiction and agency acted
on the recommendations directed toward it, and what methods they have
developed to carry them out.

The Coastal Zone Unit will incorporate into the State Program recommendations
approved by Study participants as a result of this review. Incorporation of
recommendations will take place during Maryland's first annual recertification
of the Program. This recertification will occur one year from the date of
approval of the Program by the Federal government. The endorsed recommendations
will be placed in one of three substantive portions of the Program -- policies,
project evaluation, or program review (see Chapter III). Recommendations that
related to State policy, as opposed to local authority, will be added to the
policy sections in Chapter III. Recommendations related to methods for evaluating
projects will be incorporated into,project evdlutation procedures for the
Baltimore Metropolitan Area. Recommendations relating to program review (studies,
cumulative impacts, policy evaluation) will also be incorporated into the
Program after review.

275

C A ER V1

STATE & FEDERAL INTERACTION

I w
w

VI. State - Federal Interactions

The Federal Coastal Zone Management Act and the Maryland Coastal Zone
Management Program establish reciprocal State-federal relationships. The
State has provided, and will continue to pro,@ide full opportunity for federal
involvement in the program. When the program is approved, federal agencies
will be obligated to carry out their activities in a manner which is consistent,
to the maximum extent possible, with the Program.

This chapter explains how (1) the State has consulted with federal agencies
in the course of program development, (2) the State will consult with federal
agencies in the implementation of the program, (3) the national interest in
Maryland's coastal zone has been considered and reflected in the Program's
design and content, and (4) the procedures for federal consistency will operate.

I. State/Federal Consultation

The federal Coastal Zone Management Act, in sections 306(b) and 307(c)(1),
requires that the views of federal agencies principally affected by the program
be adequately considered, and that these federal agencies be granted full
opportunity for participation in the development and adoption of the program.

Federal regulations further require that States:

- Contact each relevant federal agency to develop arrangements
or understandings regarding that agency's participation during
program development;

- Provide for federal agency input on a timely basis;

- Summarize the nature, frequency, and timing of contacts with
federal agencies;

- Evaluate federal comments received during program development;

- Indicate the nature of major federal comments provided during
program development (15 CFR 923.51; 42 FR 43571, August 29, 1977).

A. Federal Participation in Maryland's Coastal Zone Management Program
Development

Maryland's Coastal Zone Unit has maintained open channels of
communication with all interested federal agencies for discussion and
resolution of technical and policy matters. These channels have been
particularly useful in two-way exchanges during the second and third
years of program development. The Coastal Zone Unit has met on numerous
occasions with representatives of the Department of Interior to discuss
OCS matters, has jointly funded a study of the Baltimore region with
the Department of Housing and Urban Development, and has participated
in an FEA-funded contract to assess the ability of middle atlantic
states to manage the onshore impacts of offshore oil development. The
Coastal Zone Unit has also participated in a number of technical studies
sponsored by EPA, has worked closely with environmental officers of
major defense installations on inventories of coastal resources, has
interacted extensively with the Corps of Engineers on such issues as

276

dredging and spoil disposal assessment and policy, and has participated
in Department of Agriculture (SCS) planning programs.

During the second and third years of program development, the
Coastal Zone Unit has worked with the Federal Regional Council's ad hoc
task force on coastal zone management in a successful effort to increase
the participation of federal regional offices in program development.
In addition to a day-long meeting on Maryland's Program, the Federal
Regional Council has sponsored two general sessions to exchange views
with federal agencies, and has inventoried all relevant Region 3 federal
offices to determine their preparedness for, and involvement in, the
program development process.

The Coastal Zone Unit has empha!@ized bilateral contact and
discussion with interested agencies because it believes that each
agency's interests can be understood best and incorporated into the
program development process if they are given individual consideration.
The results of extensive interchange with each relevant federal agency
is catalogued in the worksheets in Appendix F. The worksheets on
federal agencies digest each federal agency's interests in Maryland's
Program and present the Program's response to those interests. Specifically,
the worksheets identify:-

- The agency's designated contact;

- other federal and state agencies which participate in that agency's
program;

- Federal property, under the jurisdiction of that agency, which is
excluded from the coastal zone;

- The statutory authorities of that agency;

- The nature of coordination between that agency and the Coastal Zone
Unit in the development of the program;

- Primary interests of that agency in the Coastal Zone Management Program;

- Permit programs subject to consistency (see also Table VI-5)

- The Coastal Zone Unit response to the federal agency's interpretation
of its'role in the program;

- Means of program coordination with that agency during program implementa-
tation; and

- Excerpts from federal agency letters of comment on the draft Coastal
Zone Management Program, and Coastal Zone Unit responses to those
comments.

During the first 18 months of program development, contacts were
initiated and views exchanged with all interested agencies. Since early
in 1976, the Coastal Zone Unit has initiated more formal coordination,
according to the following timetable:

277

Contact Timetable

MARCH, 1976: Letters were sent to designated contacts, providing
information on the state program and requesting federal
agency views on the topics listed above and summarized
in the worksheets. The Coastal Zone Unit expressed its
willingness to document the exchange of views between
agencies in an agreement on exchange of letters in
support of the Coastal Zone Management Program. Responses
to this initiative were received during April and may.

MAY, 1976: Federal agencies were mailed draft copies of the third
year 305 grant proposal, and request for proprosdl for
the Major Facilities Areas Study. Comments received
from interested agencies contributed to the final version
of these documents.

AUGUST, 1976: Quarterly Report on program development was routed to
all relevant federal agencies.

SEPTEMBER, 1976: Working papers describing the Coastal Zone Unit's
approach to establishing (1) program goals and objectives,
(2) coastal zone boundaries, (3) geographic areas of
particular concern, and (4) authorities and administrative
structure, were routed to federal agencies for review.
These documents and responses contributed directly to the
design of the 306 program.

NOVEMBER, 1976: Federal agencies were sent copies of the Statement of
Work pursuant to the Major Facilities Study, and a paper
describing the "Strategy for the Establishment and Implementa-
tion of a Coastal Zone Management Program for Maryland."
Each federal agency was sent a letter which described the
Coastal Zone Unit's understanding of areas of interaction
between specific federal programs and an implemented state
coastal zone management program. Comments were received
during December and January.

MARCH, 1977- Federal agencies were sent the draft of Maryland's Coastal
Zone Management Program. Response from interested agencies
were received during the spring and summer of 1977. Major
comments on the draft program are summarized below. Responses
to individual comments are found in the worksheets. Federal
comments were addressed or incorporated into this version
of the program document to the maximum extent possible.

OCTOBER, 1977: Federal contacts were invited to appoint designees to
serve as ex officio members of the program's advisory
group, the Coastal Resources Advisory Committee.

278

DECEMBER, 1977: Coastal Resources Advisory Committee members, including
federal designees, received for review the program document
to be submitted to NOAA later in the month.

JANUARY, 1977: Federal agencies received Draft Environmental Impact
Statement for NOAA for review.

JANUARY, 1977 through program approval: Because intergovernmental coordination
is a continuing activity, the Coastal Zone Unit antic'ipates
greater bilateral agency contact in the months leading to
program approval. Meetings to discuss and resolve any
remaining concerns of federal agencies,,and to develop
specific agreements on federal responsibilities in complying
with federal consistency requirements, will be particularly
appropriate during this period.

B. Federal Comments on the Draft Coastal Zone Management Program

Comments on the draft program distributed in March, 1977 were received
during the spring and summer. These comments were applied in the revision
of the program document. The following were major concerns expressed by
federal agencies:

- The goals and objectives were not specific enough to indicate to federal
agencies how State and local agencies will act in support of the
program, and they were not specific enough to provide guidance to
federal agencies seeking to make their actions consistent with the program.

- The program did not sufficiently recognize certain national interests,
i.e., national security, the integrity of the Chesapeake Bay, energy
(oil and gas) production, and transportation.

- The program did not provide for state over-ride over local decisions.
This issue was of concern both to agencies that felt that local govern-
ments might exclude certain facilities with strict environmental standards,
and to agencies on the other hand that felt that local environmental
protection might be too weak.

- The continuing federal role in the program was ill-defined.

- The federal consistency section was not in accord with NOAA regulation.

- The project evaluation process might delay approvals of necessary or
desirable projects, or notification might hot be provided on a timely
basis, thus undermining the process.

In response to these comments and to thoseof other groups, the following
changes and additions have been made:

(1) Policy statements have been added to provide guidance to all
participants in the program. With solid foundations in state or federal
law, these policies are enforceable.

279

(2) A section on national interest has been added to this chapter,
to identify how the program addresses each national interest identified
by the State with the help of federal agenices.

(3) A Chapter on Legal Authorities has been added to demonstrate
how the State meets the authorities' requirements of the Coastal Zone
Management Act (Chapter VIII).

(4) A section on the continuing federal role in the program has
been added to this chapter.

(5) The section on federal consistency has been revised and is
now in complete accord with the most up-to-date NOAA regulations.

(6) The project evaluation process has been further delineated in
Chapter 1.

C. Continuing Federal Involvement during Program Implementation

The design of the Maryland Coastal Zone Management Program depends
upon participation from all levels of government. Federal agencies are
defined as participants in the program and are expected to play a
continuing role in the following activities:

1. The Coastal Resources Advisory Committee (CRAC)

Federal agency representative serve as ex officio members of
CRAC. The role of CRAC is described in Chapter I. CRAC will provide
a forum for federal agencies' participation in the guidance of the
program, and will keep federal representatives informed of major issues
that arise in program implementation.

2. Project Evaluation and Program Review

Federal agencies are expected to participate in project evaluation
and program review whenever a project or program involves the regulatory
authority, or an area of special interest or expertise in the agency.
Participation in project evaluation will provide federal agencies with
the opportunity to express views on the national interest in any aspect
of a particular project.

3. Federal Consistency

Procedures for federal consistency are described in this chapter.
The Coastal Zone Unit and federal agencies may enter into agreements
to further specify how these procedures can be simplified or streamlined.

4. Amendments to the Program

a. Goals, objectives and Policies: As new concerns, issues, or
national interests in coastal management are identified, either
by the State or by the federal government, it may be necessary to
make amendments or modifications to the program. As described
in NOAA Regulations (15 CPR 932, Subparts H and J, 42 PR 43578,
43581, August 29, 1977) amendment or modification to the program
will require federal review. Minor revisions will not require

280

formal federal review, but all federal agency contacts will
be informed of proposed revisions and will be given the opportufiity
to respond directly to the Coastal Zone Unit. Federal agencies
may propose amendments or revisions to the program whenever they
believe that some change in circumstances justifies a change in
goals, objectives or policies.

b. Geographic Areas of Particular Concern: The State Critical Areas
program calls for ongoing review of critical area suggestions
and annual designations. Many State Critical Areas will become
Geographic Areas of Particular Concern. Federal agencies, like
other interested parties, may suggest areas to local governments.
These in turn, will be considered for nomination by the Department
of State Planning. Identifying individual State Critical Areas as
Geographic Areas of Particular Concern will require amendment or
modification of the program, and thus will require federal review
as described in NOAA regulations.

The National Interest and@,Uses of Regional Benefit

Federal agencies, responding to Maryland's Draft Coastal Zone Management
Program, and in earlier correspondence and contact, cited those spe6ific coastal
activities and resources that are considered to be in the National Interest.
Regulait-ions issued by the Office of Coastal Zone Management also list activities
and resources that may be in the national interest (15 CFR 923.52).

These expressions of national interest, covering activities such as power
plant sitifig and operation and resources such as wetlands, have been and will
continue to be considered in the decision-making process by Maryland. The
State recognizes the national interest in activities and resources, and neither
arbitrarily excludes nor unreasonably restricts them. However, Maryland also
recognizes that different national interests may conflict and therefore
considers them collectively, so that decisions regarding them will strike a
balance between resource use and preservation. As a basis for balanced
decision-making, policy statements constituting minimum standards for resource
management are set forth in Chapter III. These policy statements, as they
.relate to national interest, are summarized in Table VI-1 following this discussion.

If, during program implementation, a federal agency disputes Maryland's
application of policies as contrary to the national interest, consultation
and mediation procedures described under "federal consistency" may be followed.

The Maryland Coastal Zone Management Program also recognizes that certain
coastal activities provide services or benefits to citizens of more than one
local unit. Maryland considers those activities of regional benefit to be in
the national interests as well. Maryland must be able to ensure that benefits
derived from such activities are not arbitrarily excluded nor unreasonably
restricted from local land and water use regulation. Table VI-2 lists those
activities which Maryland considers to be of Regional Benefit (See also Chapter VIII) .

During program implementation, the State will continue to consider the
national interest in its decisions. During implementation, Maryland will
take into consideration the following federal policy information, in addition'
to federal/state consultation:

281

1. Presidential policy statements and executive orders relating to energy,
the environment, commerce, and recreation.

2. Future federal laws and regulations.

3. Future statements from federal agencies regarding national interests.

4. Plans, reports and research studies from federal and interstate groups,
(e.g., interstate energy plans, river basin plans).

5. Testimony from federal officials at public hearings.

282

Table VI - 1

National Interest Considerations in Maryland's CZMP

COASTAL ACTIVITIES AND RESOURCES IN
WHICH THERE IS A NATIONAL INTEREST SUMMARY OF APPLICABLE CZMP POLICIES AND CONDITIONS

National-Defense And Federal lands are excluded from CZ Boundary
Aerospace
(military installations, defense Nothing in Program should arbitrarily exclude or
manufacturing, aerospace parts) unreasonably restrict military or aerospace
operations.

In cases where defense manufacturing is a coastal
project all policies of the CZMP apply. In
instances where national security concerns are
paramount, federal consistency mediation pro-
cedures can be utilized by Maryland.

Energy Production and Meeting energy needs is essential to sustain the
Transmission health of Nation. However, energy needs must
(OCS development, onshore be economically, environmentally, and socially
facilities, distribution balanced with other, sometimes conflicting,
facilities, power plants activities in the national interest.
deepwater ports, LNG
facilities) The national public interest in assuring adequate
See "Appropriate Land and facilities for production of energy resources
Water Uses: Major Facilities" requires that State and local governments promptly
and expeditiously assess the impact of those
facilities and determine at the earliest
practicable time, whether to grant necessary
state and local authorizations.

Without adequate planning, the establishment of
oil-related facilities in the coastal area may
have an immediate impact on the environmental,
economic, fiscal, social and cultural well-being
of the people residing in the area where these
facilities are established. Therefore, local
concern should be reflected in decisions on
location of these facilities, and to that end,
county governments should be actively involved in
the planning for the coastal areas. If, however,
the contemplated extent of oil-related facilities
affects environmental, economic, social, and
cultural factors beyond the borders of the
particular subdivision involved, in addition to
involving potential expenditure of State funds
in excess of tax revenues derived from the
facilities, then the State interest and the
national interest become a factor in the
consideration of the location these oil-related
faciliites.

283

Criteria for State decisions for each type
of energy facility are described in existing
State legislation and will be consistent
with objectives for Major Facilities. Generally,
energy projects must meet the following criteria:

a) meets all applicable air, water, noise,
and solid waste laws of Maryland;

b) Represents optimal location from standpoint
of risk to public safety;

c) Represent optimal location from standpoint
of economic and environmental impacts as
compared to other locations;

Serious weight is given to siting power plants
and associated transmission lines via State
authority.

A CFRA certificate issued by the State is
necessary for all OCS petroleum-related
facilities from the 3-mile limit shoreward.

Deepwater Port Projects off Maryland's coast
will be systematically reviewed, *ith the
final approval of the findings by the Maryland
legislature and the Governor.

Recreation - Protecting areas of Maryland's coast for
(National 'Seashore, parks, recreational pursuits is a high priority use.
forests, beaches, recreational
waterfronts - Providing opportunities for recreational
wildlife refuges) use of coastal lands and waters is a high
See Appropriate Land and Water priority use through acquisition of open
Uses: space and forest lands, iimiting beach develop-
- Recreational Boating ment, and maintaining recreational boating
opportunities. However, provision of such
- Use of Beach Areas opportunities must also be balanced with the
- Activities in Tidal Wetlands capacity of the natural area to withstand
recreational development pressures that might
- Activities associated with ultimately degrade the areas amenities.
the Provision of Sufficient
Recreational Open Space and - State forests, parks, and wildlife areas are
Natural Areas managed to protect and conserve inherent
natural attributes.

- Recreational boating facilities are subject to
federal and state review. Placement of
recreational boating facilities which are not water
dependent on state and private wetlands is
discouraged.

284

Interstate Transportation (high- Maryland recognizes need for providing a
ways, air@ports, navigation, balanced, integrated transportation system
ports) serving the movement of persons and goods via
See Appropriate Land and Water air, rail, sea and land modes.
P
Uses:
- Commercial Shipping In the provision of transportation for commercial
shipping, Maryland recognizes the need for
-Activities in Tidal Wetlands strong oil spill laws and contingency planning.

-Ports Ports that contribute to the Maryland's import/
-Transportation Networks export business are a priority use.
-Dredging and Disposal of Port development, including the dredging and
Dredged material filling of wetlands, is considered by Maryland
an the basis of economic need, environmental
impact, and mitigation measures.

Spoil disposal sites are necessary to ensure
timely port-related development in the future.
A permanent rehandling facility within the
Baltimore Harbor is necessary to reduce conflict
of competing uses of Chesapeake Day.

- Highways shall be sited on the basis of com-
prehensive evaluation, including "no build",
of the social, economic, and environmental impacts.

Production of Food and Fiber - Production of food and fiber promoted through
(agriculture, channelization, habitat protection and management at Federal,
forests, living resources) State, and local levels of government.
.See Appropriate Land and Water
Uses: - Use of coastal land and waters for activities
- Use of Agricultural Lands not associated with production of food and
fiber must take into account the potential loss
- Use of Forest Lands of resource area and productive habitat in the
- Living Aquatic Resources decision-making process.
- Channelization - Clam and oyster beds are a valuable resource
area and are protected by State law.

- Endangered animal and plant species will be
protected through development and implemen-
tation of joint federal/state conservation
programs.

- Proper use of forest land will be practiced through
restocking, reservation, and prevention of
clear cutting where appropriate.

- Public Forest lands are manayed-through forest
zoning which permits specific uses in specific
areas of public forests.

285

- Agricultural lands are preserved to provide
sources of agricultural products, to manage
urban expansion, and to maintain open space areas.

- Agricultural management practices aimed at
preventing soil erosion are implemented in
Maryland.

- Channelization in areas where adverse impacts
would be created upon water quality, and wild-
life habitat, is generally not consistent with
the Public Interest.

Preservation of Life and Property - Maryland requires a flood management program
(flood and storm protection shore for every watershed in the State.
erosion)
See Appropriate Land and Water Uses- - Projects that would create additional flooding
upstream or downstream are not in the Public
-Activities Occurring in Non-Tidal Interest.
Wetlands
-Activities Occurring in Coastal Tidal - No projects (residential, commercial, industrial)
and Non-Tidal Flood Plains are permitted inside the riverine 100-year
flood plain of any stream or body of water.
-Activities Occurring in Areas
Undergoing Significant Shore - Shore erosion control measures shall be under-
Erosion taken in a manner that has minimum adverse
effect upon the ecological, economic, hydro-
Channelization logical, aesthetic, hi@torical and
Other Shoreland Activities recreational values in the area.

- Maryland will cooperate with Federal and local
agencies in water resources project affecting
waters of the State including projects under
PL-566.

Historic, Cultural, Archeological Values - Historic areas of Maryland are considered basic
(historic sites, areas of cultural assets; proper use and preservation are
significance, archeological sites) necessary to protect and promote the general
See Appropriate Land and Water Uses: welfare.
- Activities Affecting Coastal
Historical, Cultural, and Archeo- - Historic sites can be registered or acquired,
logical Resources local units may establish historic districts.

- Archeological excavations on private land are
discouraged except when approved by the
State Archeologist.

- Archeological Areas on State lands are controlled
by permit issued by the Maryland Geologic Survey.

286

Mineral Resources Mineral extraction is a basic asset contri-
(sand and. gravel extraction buting to the economic well-being of Maryland.
facilities) However, mining must be conducted so that
See Appropriate Land and Water Uses: adverse environmental effects are minimized.
- major Facilities
To mine sand and gravel in Maryland, a person
must be licensed, obtain a surface mining permit
and prepare a reclamation plan.

Regional Water Treatment Plants Sewage Treatment Plants are necessary to main-
(Sewage Treatment Plants) tain water quality standards existing water
See Appropriate Land and Water Uses: uses.
- Major Facilities
Treatment Plants must not be located in tidal
or non-tidal wetlands, in floodplains, or where
their effluent will impinge upon harvest of
seafood resources.

Before sewage treatment plants are constructed,
county water and sewer plants must be prepared
and must be consistent with the 208 Plan and
population projections for the service area.

Air and Water Quality Air quality shall be protected, maintained, and
See Appropriate Land and Water Uses: where feasible, improved in the State's coastal
zone.
- Recreational Boating
- Commercial Shipping The quality of the State's tidal waters shall be
- Activities Associated with Living protected, maintained and improved.
Aquatic Resources All discharges into State waters and emmissions
- Ocean Dumping into the air require permits and must meet stan-
dards equal to or more stringent than federal
- Major Facilities standards.

Wetlands The tidal wetlands of the State shall be protected,
See Appropriate Land and Water Uses: maintained and where feasible restored.
- Activities in Tidal Wetlands Coastal terrestrial areas of significant resource
- Activities in Non-Tidal Wetlands value, particularly non-tidal wetlands are to be
protected.

All dredging and filling in tidal wetlands and
all filling or channelization within non-tidal
wetlands require State and federal permits.

All tidal wetlands are GAPC's.

287

Barrier Islands
See Appropriate Land and Water Uses: Construction of other than regulated shore
Use of Beach Areas erosion control structures is prohibited in
Activities in Areas with Significant beaches of Atlantic barrier islands.
Shore Erosion Assateague Island is protected in its natural
Activities Associated with the State as a National Seashore and State Park.
Provision of Sufficient Recreational
Open Space and Natural Areas

Endangered Species State law prohibits taking, killing, molesting, or
See Appropriate Land and Water Uses: distributing species on State or federal
- Activities Associated with Living threatened sure or endangered species lists.
Aquatic Resources A program of habitat protection for endangered
- Activities in Tidal Wetlands and non-game species is required by state law.
- Activities in Non-tidal Wetlands

- Use of Forested Lands

- Activities Associated with Provision
of Sufficient Recreational, Open
Space and Natural Areas

Wildlife Refuges - The U.S. Fish and Wildlife Service is to be
See Appropriate Land and Water Uses: involved in all project evaluations which
- Activities Associated with Living relate to projects which could affect refuges.
Aquatic Resources - Tidal wetlands' areas and terrestrial areas
- Activities in Tidal Wetlands of high wildlife value are to be protected.

- Activities in Non-tidal Wetlands

- Use of Forested Lands

- Use of Agricultural Lands

- Activities Associated with Provision
of Sufficient Recreational, Open
Space and Natural Areas

288

TABLE VI-2

Uses of Regional Benefit in Maryland's CZMP

USES OF REGIONAL BENEFIT METHODS OF ASSURING THAT UNREASONABLE RESTRICTIONS
OR EXCLUSION BY LOCAL LAND AND WATER USE REGU-
LATIONS SHALL NOT OCCUR

1. Electric Generating Facilities - State authority to site alternative future power
plants and acquire them without need for local
approvals.

- State authority to approve or deny utility-owned
sites for future electric generating capacity.

2. Transmission Lines - State authority to approve or deny generator
lead routes.

3. Wastewater Treatment Plants - State approval of county water and sewer plang

- State control over all waters of Maryland as
related to q ality, sanitary and physical
iu
conditions.

- State approval of all construction projects
related to Wastewater Treatment Plants.

4. Recreation - State disbursement of Program Open Space Funds,
including Federal dollars for local and state
recreation projects.

- State has power of eminent domain for
recreational land acquisition.

- State has rights to control waters of State for
all uses including water-based recreational uses.

- State has control of beach areas off Atlantic
Coast east of dune line.

5. Transportation Facilities - State disbursement of funds including federal
funds for transportation-related projects such
as roads, ports, rail, and dir ports.

- State has power of eminent domain for land
acquisition for transportation projects.

- Priorities for transportation project planning,
and construction are set by State.

289

Federal Consistency

A. Introduction

Maryland's procedures for federal consistency respond to the intent
of the Coastal Zone Management Act of 1972, as amended, and as specified
in 15 CFR 930 (as proposed in 42 FR 43586; August 29, 1977). The basic
consistency requirement of the Act is that federally conducted or supported
activities which affect the State's coastal zone be consistent, to the
maximum extent practicable, with an approved state management program.
Applicants for federal licenses and permits, state or local recipients
of federal funding, and federal agencies proposing projects and programs,
will be required to determine whether their projects are consistent with
the program. The state generally will be able to prevent actions (with
exceptions as explained in this section and regulations) which are not
consistent with the program.

The purpose of the consistency review is to:

plan for and manage impacts resulting from federal programs;

develop a factual analysis of the effects of a proposed federal
action;

determine consistency by examining the results of that analysis
in the context of the goals, objecf-ives and policies of the Program;

minimize duplication in the performance of agency missions.

Federal consistency procedures should also provide a vehicle for active
federal participation in the Program. Federal agencies should consider
involvement in developing and maintaining a consensus on goals, objectives
and policies for the coastal zone, and excerising authorities in a manner
that supports the agreed-upon goals and objectives of the Program, as a
continuing part of federal participation in the program.

The basis for determining consistency of federal actions with
Maryland's Coastal Zone Management Program will be the goals, objectives
and policies of the Program as stated in Chapter III. The goals, objectives
and policies of the Program, are submitted for federal approval pursuant
to Section 306 of the Act. Derived from extensive public and governmental
interaction, these goals, objectives and policies represent a state-wide
concensus on coastal management philosophies, and strike a balance among
social, economic, and environmental concerns. A consistent action is
generally defined as one which supports or furthers the goals, objectives
and policies of the program.

While in all cases the Coastal Zone Unit will have final responsibility
for consistency determination or response to federal agency consistency
determination, other appropriate state and local agencies will be expected
to assist in the review. In routine cases, the Coastal Zone Unit will
simply make a decision after being advised by the State and/or local
agency which is presently responsible for reviewing the type of action
involved. When the federal action involves substantial effects or is
controversial, a project evaluation will be carried out to review the
proposed action (See Chapter I). If a project evaluation will be carried
out, the federal agency (and any other federal agency normally involved in
the decision process) will be informed immediately and invited to participate.

290

Table VI-3 shows those state and local agencies which may be involved
in reviews of major federal actions. The Coastal Zone Unit will be
responsible for:

- assuring the project evaluation process is carried through in
a timely manner;

- answering questions raised by applicants or federal agencies;

- reconciling different points of view on consistency into a
unified state response, and

- articulating the final state consistency determination (or response).

The product of exhaustive review may be alteration in design and
execution of projects and programs. Disagreements arising from this process
should lend themselves to administrative resolution. Disagreements which
persist to a point at which normal administrative resolution appears
unlikely, may be appealed pursuant to NOAA Regulations, Part 930, subparts
G and H, (42 FR 43607, 43608; August 29, 1977). Whenever beneficial, the
Coastal Zone Unit, in consultation with federal participants, may develop
guidance through memoranda of agreement for means to conduct or support
specific activities in a manner that furthers the goals, objectives and
policies of the Program. The current Memorandum of Agreement between the
Maryland Department of Natural Resources and the Baltimore District of the
U.S. Army Corps of Engineers, which defines the joint processing and
evaluation non-routine (major) project applications for Department of
Army permits and state permits, is an example of the type of guidance
that might be developed.

Initially, federal consistency procedures will apply to all types
of projects outlined in this chapter. After consistency procedures are
i-mplemented, the Coastal Zone Unit, in consultation with the appropriate
federal and state agencies, may wish to narrow the coverage ok these
procedures. More precise definition of actions subject to consistency
may also be handled on an individual basis by memoranda of agreement,
after approval and implementation of the Program.

B. Actions Subject to Consistency

As stated in the federal regulations, federal consistency prodedures
apply to the following types of federal actions which occur in
the coastal zone, or which substantively affect the coastal zone:

a) federal activities, including development projects;

b) identified federal licenses and permits;

c) Outer Continental Shelf activities described in detail in W-S plans.

d) identified federal assistance to state or local governments.

291

TABLE VI-3

State Agencies Which May Participate in
4, Major Consistency Reviews
014@,0
06',
b C,
6 DNR
4@e -4

0
0

C) < U F:4 P4 0 U) U) U) 0
0 U 0 W @r. En a) U P4 N P4 A4
P4 W 1:) 0 W 0 X U U A4 W

Tidal Wetlands x x x x x x x
Nontidal Wetlands x x x x x x x x
Upland Natural Areas x x x x x x x x
Aquatic Resource Areas x x x x x x
Atlantic Beaches x x x x x x x x
Bay Beaches & Boat Access X x x x x x x x
Agricultural Land x x x x x x x x
Historic Sites x x x x x x
Archaeologic Sites x x x x x x x x
Social & Cultural Aspects X x x x x x x
Flood Plains x x x x x x x
Erosion Risk Areas x x x x x x x x
Power Plant Sites x x x x x x x x x x x x
Oil or Natural Gas x x x x x x x x x x x x
Facility Sites
Heavy Industry Sites x x x x x x x x x x
Intensive Residential or X x x x x x x x x x
Commercial
Ports x x x x x x x x x x
Other Transportation x x x x x x x x x x x
Sewage Treatment Plants x x x x x x x x
Living Resources
Aquatic x x x x x x x x x
Terrestrial x x x x x x

Agency Key

CPA Capital Programs Administration
DOA Department of Agriculture
DECD Department of Economic & Community Development
EHA Environmental Health Administration
DSP Department of State Planning
MDOT Maryland Department of Transportation
DNR Department of Natural Resources
MFA Maryland Fisheries Administration
MES Maryland Environmental Services
MGS Maryland Geological Sruvey
MPA Maryland Port Administration
WRA Water Resources Administration
MWA Maryland Wildlife Administration
SCD Soil Conservation District
CzU Coastal Zone Unit
E&CZA Energy and Coastal Zone Administration
MPS Maryland Park Service
EPO Energy Policy Office 292
PPSP Power Plant Siting Program

The State reserves the right to review the consistency determination
on a federal action occurring outside the coastal zone. For this reason,
federal agencies must determine which projects will significantly affect
the state's coastal zone. If a project outside the coastal zone will
significantly affect the coastal zone, the federal agency must provide the
state with a consistency determination.

Table VI-4 summarizes the requirements and procedures that must be
applied to each types of federal action. Specifically, the table indicates
who makes the consistency decision, who must notify the State, and what
the federal agency's responsibilities are.

1. Federal Activities

Federal activities which directly affect the states coastal zone
must be consistent to the maximum extent practicable with the State's
program. Maryland will consider an activity consistent to the maximum
extent practicable if:

(1) the activity does not inherently conflict with the goals, objectives
and policies of the program, (i.e. potential conflicts can be
avoided through proper planning and design); and

(2) of the practicable alternatives available to carry out the
activity, the alternative chosen is the most supportive of
1,
the goals, objectives and policies of the program; and

(3) the project will not cause any violation of standards set by
Maryland law or regulations cited in the program; or

(4) the project is clearly necessary in the interest of national
security and iscarried out in a manner which minimizes conflict
with program goals, objectives, and policies.

As stated above, the scope of this section and criteria for decisions
may be refined and developed through state/federal consultation, then set
out in memoranda of agreement. Except for such written agreements, these
provisions apply to all federal activities that directly affect the
State's coastal zone. Federal regulations 15 CFR 930.32 defined "directly
affect" to mean to:

- cause significant changes in the manner in which waters, lands, or
other coastal zone resources are used;

- significantly limit the range of available uses of coastal zone
resources, or

- cause significant changes in the quality of coastal resources.

Maryland offers the following list of the types of activities which
will, generally, directly affect its coastal zone and which thus require
a consistency determination and notification to the State. This list is
intended to guide federal agencies, and is subject to refinement and
modification based on federal - state consultation during the program
review process.

293

CZMA Section 307(c)(1) & (2) 307(c)(3)(A) 307(c)(3)(B) 307(d)
(Subpart C) (Subpart D) (Subpart E) (Subpart F)
Federal Action Direct Federal Federally licensed Federally licensed Federal assistance
activities includ- and permitted and permitted to State and local
ing development activities activities described governments
projects in detail in OCS
plans_
Coastal Zone Directly affect- "Affecting land "Affecting any land Affecting the
Impact ing the coastal or water uses in use or water use in coastal zone"
zone" the coastal zone" the coastal zone"
Responsibility Federal agency pro- Applicant for Person submitting A-95 Clearinghouse
to notify State posing the action federal license OCS Plan receiving State or
agency or permit local government
application for
Federal assistance
Notification Alternatives chosen Consistency certi- Consistency OMB Circular A-95
procedure by Federal agency fication or certification notification pro-
(subject to NOAA equivalent pro- cedure
regulations) cedure set forth
In CZM Program
Consistency Consistent to the Consistent with Consistent with the Consistent with the
.0
requirement maximum extent the CZM Program CZM Program CZM Program
practicable with
CZM Program
Consistency Made by Federal Made by State Made by State Made by State
determination agency (Review by agency agency agency
State agency)
Federal Federal agency not Federal agency Federal agency may Federal agency may
agency required to dis- may not approve not approve Federal not grant assistance
responsibility approve action license or permit licenses or permits following State
following a following State following State described in detail agency objection
disagreement agency disagree- agency objection in the OCS Plan
ment (unelss judi- following State agency
cially impelled to objection
do so)
Administrative Voluntary mediation Appeal to the Appeal to the Secre- Appeal to the Secre-
Conflict by the Secretary Secretary by tary by person or tary by applicant
resolution applicant or independent Secre- agency or independent
independent Sec- tary review Secretary review
retarial review
(Subpart G) Ll (Subpart H) (Subpart H) (Subpart H)

TABLE VI-4
FEDERAL CONSISTENCY MATRIX DIAGRAM

Actions on Excluded Federal Lands:

- any activity which would cause a discharge as defined by Art. NR, section
B-1401 air pollution as defined by Art. 43, section 69 l(a) or involve
a hazardous substance as defined by Art. NR, section 8-1413.2(a)(2), of
the Annotated Code of Maryland.

- any activity which would lead to a significant non-point source of
pollution to the State's coastal waters.

- the construction of any major facility as defined by the Coastal Zone
Management Program(see Chapter III).

- plans which would cause construction or other activities as described
above, or which would cause a change in population patterns, and thus
to requirements for new major facilities within the coastal zone.

- any activity, such as dredging or building of structures in the flood
plain, which would significantly change drainage patterns, and/or lead
to a significant change in the natural or presently established fresh
water flow regime presently entering the coastal zone from the federal
property.

Actions Seaward of the Coastal Zone:

Outer Continental Shelf leasesi
Designations of Marine Sanctuaries pursuant to the Marine Protection,
Research, and Sanctuaries Act of 1972
Fisheries management Plans

Actions in the Coastal Zone:

- All development projects, such as construction of buildings, recla-
mation projects, channel dredging.

- Major research projects, management studies, or inventories conducted
by the federal agency, that will be used in management decisions con-
cerning Maryland's coastal resources.

- Actions which may significantly alter use patterns and the Chesapeake
Bay or ocean tidal waters, (e.g. designations of special anchorage
areas by the Coast Guard),

- Acquisition or disposition of land, and

- Conducting inventories and making designations of lands for the National
Landmark Program to the National Historic Register.

1whether or not Outer Continental Shelf leases are actions subject to
federal'consistency has not been resolved at the time of printing.

295

Actions Outside (Landward) of the Coastal Zone:

It is difficult to specify which activities outside of the coastal zone
would have an affect on the coastal zone. In general, such actions would
involve or lead to:

- a significant change in the quality, quantity, or termporal pattern
of fresh water entering the coastal zone, (e.g. dams), or

- a major facility in close proximity to the coastal zone which could
result in significant impact on land or water use patterns or air
quality in the coastal zone, and/or cause the construction of other
new facilities within the coastal zone.

Federal agencies must notify the State at the earliest practicable time
of existing or planned federally conducted or supported activities directly
affecting the coastal zone. Notification may be through the State Clearinghouse.
The federal agency may notify the Coastal Zone Unit-directly of all activities,
subject to consistency, which are not submitted to the State Clearinghouse for
review.1 If the federal agency would normally send copies of plans or designs
to other particular state agencies for review, they may send a copy of the
transfer letter and the consistency determination to CZU. Federal agencies
should notify the State of pending actions at least 90 days before the federal
activity reaches a decision stage likely to restrict the use of alternative
measures.2 The notification will,include a determination that:

- the action is and will be undertaken in a manner consistent to the
maximum extent practicable with the program; or

- the action is not or will not be undertaken in a manner consistent
with the management program but, in the view of the federal agency,
necessary and justified because of some circumstances unforseen at the
time of program approval; or

- the action is not consistent, but necessary in the national interest.

Relevant State agencies will review the federal determination of
consistency, and CZU will agree or disagree with the determining within 75 days,
(i.e., 15 days following the end of the Clearinghouse review process) see
Figure VI-2, Section 4. Normally, however, the State's response will be
forthcoming within the 60-day Clearinghouse review. Whenever CZU receives
notification directly from the federal agency, it will forward either a
status report or a response on the consistency review within 45 days of
receipt of notification. The status report will inform the federal agency
of the:

1Agreements among CZU, State Clearinghouse, and individual federal agencies
may be developed to identify the review mechanism for each type of activity.
2The Coastal Zone Unit recognizes that the interests of national security
or another overriding national interest may, in some cases, require a shorter
notification period. I

296

status of the matter

basis for further delay

a-proximate date expected for development of a response.
P

If the activity is determined by CZU to warrant project evaluation, the federal
agency will be informed and invited to participate.

If, after 75 days, the State has not acted on a notification of consistency,
state concurrence with the determination may be presumed. The State will attempt to
include the response or status report with Clearinghouse comments. If, no Coastal
Zone Unit response or status report is included, and one or more reviewers to the
consistency determination, the federal agency should not act until (1) the CZU
responds, or (2) 75 days from the date of notification expire without further contact
from the State. In the latter case, concurrency can be presumed.

2. Activities Requiring a Federal License or Permit

I.kctivities which require a federal license or permit, and which affect land
or water uses in the coastal zone, must be consistent with the program. Maryland
will consider an activity to be consistent if:

(1) The proposed project does not inherently conflict with the goals, objectives
and policies ofthe program (i.e. any potential conflicts can be resolved
-through proper planning and design.

(2) The proposed project, by itself, or in combination with existing projects,
does not cause an unacceptable level of adverse impact as defined by the
P
.olicies.

(3) The project would not by itself, or in addition to existing projects, cause a
'violation of a standard set in a Maryland law or regulation cited in the Program.

"Affecting the coastal zone," is defined by NOAA regulations, section 930.53
with the same intent as "directly affecting the coastal zone" (see part A. above),
except that states may use a more expansive definition of "significantly effect."
Maryland will consider all of the federal permits and licenses listed on Table
VI-5, for activities occurring in the coastal counties to "affect the coastal zone."
In addition, listed permits and licenses for activities outside the coastal zone will
"affect the coastal zone," if:

they apply to activities related to Outer Continental Shelf (OCS)
exploration, development, or production,*

they apply to any other type of development activity on the OCS,*

they apply to a significant change in the quality, quantity or temporal
pattern of fresh water entering the coastal zone, in air quality, or
involve hazardous substances or,

*If reviewed together with an Outer Continental Shelf plan submitted to the
Secretary of Interior (see section 3 below) separate review will not be required.

297

they apply to activities occurring in close proximity to the
coastal zone and would lead to significant impact on land and
water use pattern or on air quality within the coastal zone, or
would lead to requirements for new major facilities within the
coastal zone.

Unlisted permits and licenses will be considered to affect the coastal zone
if they in any way relate to construction within the Area of Focus of the
Coastal Zone.

The federal consistency review procedures described below will apply to
all of the licenses and permits listed on Table VI-5. They will also aPply
to licenses and permits which are unlisted, or which occur outside the coastal
zone if the CZU determines that they will affect the coastal zone, and so
notified the applicant and the federal agency within 45 days of.public notice
of the federal license or permit. After approval of the Program, the list
will be published in the Maryland Register and will be transmitted to all
appropriate federal agencies. This list may be refined pursuant to section
307 of the Coastal Zone Management Act and Part 923 of NOAA regulations.
Furthermore, CZU and federal agencies may, after program approval, develop
memoranda of agreement spelling out conditions under which consistency can be
automatically presumed.

Applicants for listed federal licenses and permits are responsible for
including a certification of consistency with their applications to federal
agencies. Applicants should, as a preliminary matter, seek the views and
assistance of appropriate state agencies (i.e. CZU and/or other appropriate
agency listed on Table VI-5), regarding means of assuring that the proposed
activity complies with, and will be conducted in a manner consistent with, the
Program. Applicants may request the CZU to develop a consistency certification
for them. As a matter of convenience to applicants, federal agencies should
note on their application forms the address and telephone number of the Coastal
Zone Unit. The application should also note the requirements for a consistency
certification.

At the same time that the applicant submits an application to a federal
agency for a license or permit, the applicant will transmit a copy of the application
to the appropriate state agency listed in Table VI-5 and/or the CZU. If the
federal agency as a general rule sends the listed permit or license application
to the appropriate state agency listed on Table VI-5, they should continue this
practice. The CZU requests, however, that when notifications are sent directly
to another agency, that a copy of the cover letter be sent to CZU.

3. Listed Licenses and Permits

The state will place legal public notice of the application and
certification statement in the immediate area of the coastal zone which
may be affected by the activity, and will notify affected units of government.
The notice will include a summary of the application and certification
statement, request for comments, and may, at the State's discretion, include
notice of public hearings on the action. If hearings are scheduled, they
will take place a minimum of 30 days after appearance of the public
notice. Whenever possible, the notices and hearings will be combined with
any state or federal perrhit or license notices or hearings for the same
project.

At the earliest practicable time after the close of the public notice

298

Table VI-5 Federal Licenses and Perrhit Subject
to Consistency Review

State Agency to
Federal Agency Permit Description Citation Assist CZU

DEPART14ENT OF COMMERCE

National Marine Fisheries taking of marine mamals Marine Mammal Protection MFA
Service Act; 16 U.S.C. 1361-1407

DEPARTMENT OF DEFENSE

U.S. Army Corps of Engineers construction of dams or ditches River and Harbor Act of
across navigable waters 1899: Section 9, 33 U.S.C. WRA
401

obstruction or alteration of navigable Id. Section 10, 33 U.S.C. WRA
waters (including structures of the 403
OCS)*

establishment of harbor lines Id. Section 11, 33 U.S.C.
404, 405 WRA and MPA

temprorary occupation of sea wall, bulk-Id. Section 14, 33 U.S.C. WRA
head, jetty, dike, level, wharf, pier 408
or other work built by the U.S.

discharge of dredged spoil into waters Federal Water Pollution WRA
of the U.S.* Control Act of 1972: Section
404, 33 U.S.C. 1344

If reviewed as part of, or in conjunction with, a plan for exploration, development or production of petroleum
resources on the Outer Continental Shelf (OCS), futher consistency review will not be necessary.

S
a t
t

C'
Lion Si
I Fed--er-a- -1--Agency Permit Description Cita-L A St

DEPARTMENT OF DEFENSE
CONT'D Idischarge of dredged spoil into waters Federal Water Pollution WRA
of the U.S.* IControl Act of 1972
Section 404, 33 U.S.C. 1344i
approval of plans for improvements madejRiver and Harbor Act of WRA
under Corps supervision at private 1902: 33 U.S.C. 565
expense

transportation of dredged spoil for the Marine Protection Research,!
purpose of dumping it in ocean waters* Sanctuaries Act of 1972
Section 103, 33 U.S.C. 14131

0
permit for artificial islands and fixed Outer Continental Lands Actl MGS
structures on the OCS* Section 4(f), 43 U.S.C.

DEPARTMENT OF ENERGY regulation of gas pipelines Natural Gas Act: 15 U.S.C. E&CZA (EPO),PSC
717, Natural Gas Act: 15
1 1
U.S.C. 717b, Department of
Energy Organizations Act i

licensing import or export of Natural Natural Gas Act: 15 U.S.C. IE&CZA (EPO),PSC
Gas
,717, Natural Gas Act: 15
U.S.C. 717b, Department of
,Energy Organization Act

allocation of Napthe for SNG production Natural Gas Act !PSC, E&CZA (EPO)
I

prohibition and construction orders Energy Supply and Environ- PSC, E&CZA (EPO)
mental Coordination Act I

State A
Federal Agency Permit Description n J_.SSj S@ r,ZTj
C-4tatio

DEPARTMENT OF INTERIOR ?
Bureau of Land Management approval of OCS pipeline corridor 43 U.S.C. 931(c), 20 U.S.C.i MGS
rights-of-way* 185, also OCS Lands Act
Section 5, 43 U.S.C. 1334

Geological Survey permit to drill 43 U.S.C. 1334 MGS
rights-of-use and easements for con- @Id. MGS
struction and maintenance of pipelines
and associated structures*

0
rights-of-use and easements for con- id. MGS
struction and maintenance of gathering
and flow lines*

Fish and Wildlife Service endangered species permits Endangered Species Act MWA
16 U.S.C. 153a

National Park Service construction of visitor centers on 16 U.S.C. 3; also 16 U.S.C.1 MPS
National Park Service land 459f-11 (Assateague Island
National Seashore)

construction of electric and communica- 16 U.S.C. 5 E&CZA
tion lines across National Park Service (PPSP)
land

Statc 7%c;,,-2nc-y ET',
Federal Agency Permit Description Citation @"'Ssist CZ-,,*,

U.S. DEPARTMENT OF TRANS-
PORTATION

U.S. Coast Guard for construction or modification of 49 U.S.C. 1655 WRA
bridges or causeways in navigable
waters

permits for handling of dangerous 46 U.S.C. 170 WRA
cargo by vessels in U.S. ports

permits for handling of falrrmable or 46 U.S.C. 391(a) WRA
combustable liquids by bulk in U.S.
ports
C

permits for barges over 100 tons as it 46 U.S.C. 395 PPSP/MGS
applies to floating nuclear power
plants and OCS related activities*

deepwater port permits Deepwater Ports Act of 1974 MDOT
33 u.S.C. 1501

approval of airport development project 49 U.S.C. 1716 MDOT
applications

ENVIRONMENTAL PROTECTION permits for underground injection Safe Drinking Water Act WRA
AGENCY section 1421(c)(1), 42
U.S.C. 300h

+Delegation of permit authority to the State is anticipated. When the state assumes primary, federal consistency
review provisions will no longer apply.

state Aa,!@@nc_v_ t07
Federal Agency Permit Description Citation Assist CZU

ENVIRONMENTAL PROTECTION
AGENCY (CONT'D.) permit to operate underground injec- Resources Recovery and 1: WRA
+
tion wells in designated areas Conservation Act of 1976
42 U.S.C. 300h-3

permits for handling and disposal of Resources Recovery and
I WRA
hazardous substances+ Conservation Act of 1976 (parallel State
42 U.S.C. 3257 permit)

approvals under prevention of signifi- Clean Air Act of 1976 EHA
cant deterioration PSD regulations+ Section 110
42 U.S.C. 1857c-5

new source construction/operations Id. Section 111 EHA
permits*+ 42 U.S.C. 1857-6

approvals under National Emission Id. Section 112 EHA
Standards for Hazardous Air 42 U.S.C. 1857c-7
Pollutants (NESHAPS) Regulations

NPDES permits for federal installations Federal Water Pollution WRA
Control Act of 1972
Sections 401, 402
33 U.S.C. 1341, 1342

NPDES permits for discharges into the Id. Section 402, 4103 WRA
contigous zone and ocean waters* 33 U.S.C. 1342, 1343

sludge runoff permits Id. Section 405 WRA
33 U.S.C. 1342, 1343

tate 21.gencv t-o
Federal Agency Permit Description Citation 17-S Assi-cu CZU

ENVIRONMENTAL PROTECTION
AGENCY (CONT'D.) aquaculture Id. Section 318 MFA
33 U.S.C. 1328

FEDERAL ENERGY REGULATORY
COMMISSION ordering interconnection of electric Federal Power Act, Depart- PSC,E&CZA (EPO)
transmission facilities ment of Energy Organization@
Act

certificate of public convenience and Natural Gas Act PSC,E&CZA (EPO), MGS'
necessity for interstate natural gas Section 7
Itransmission, including approval of 15 U.S.C. 717f
W LNG sites
0

NUCLEAR REGULATORY COMMIS- licensing and certification of nuclear Atomic Energy Act of 1954, E&CZA (PPSP)
SION power plants Sections 6, 7, 8, and 10
42 U.S.C. 2133, 5841

comment period (but at maximum within six months of receipt of the applicant's
certification statement), the State will decide whether the proposed listed
license or permit activity complies with, and will be conducted in a manner
consistent with the Program.

The Energy and Coastal Zone Administration will be responsible for
consistency reviews. Table VI-5 shows the state agency which will assist
the CZU in making the consistency determination. This is the State agency
which would normally comment on, or issue similar or concurrent permits
to, the federal license or permit. other state and local agencies may
participate in consistency reviews particularly if the project in question
is in a location or is of a magnitude to warrant a project evaluation.
(See Table VI-3).

If the State's determination has not been forthcoming within six
months of receipt of the applicant's certification statement, then the
State's concurrence shall be conclusively presumed. Notwithstanding the
six month time limit, before 90 days have elapsed in processing the consistency
action, the State shall notify the applicant and the federal agency of the
status of the case, the basis for further delay, and the approximate date
for the issuance of a decision.

During the process of review, if the CZU finds the activity in conflict
with the program, it will consult with the applicant to attempt to agree
on conditions which would make the activity consistent with the program. If
conditions are agreed to, the CZU will note in its consistency determination
that the activity will be consistent if the conditions are placed on the
permit. If agreement cannot be reached during the review period, CZU will
object to the applicants consistency determinati6n.

If the CZU objects to an applicant's consistency certification, it
will notify both the federal agency and the applicant, and describe (1) how
the proposed activity is inconsistent, and (2) alternative measures, if
any, which would make the acf-ivity consistent. CZU will also inform the
applicate of his right to appeal the decision pursuant to NOAA regulations,
Part 930, subpart H, and send a copy of the objection to the Associate
Administrator of NOAA.

Unlisted Licenses and Permits

If, through its monitoring of unlisted licenses and permits through National
Envilroninental Policy Act Statements, State Clearinghouse, or other forums, CZU
determines such a license or permit to have an affect upon the coastal zone, it
will notifythe applicant and the federal agency. Notification will be made wihtin
45 days of the public notice or sooner. once notified, the applicant and federal
agency must comply with the procedures under "listed licenses and permits." The
State's six month review period for the license or permit will begin as of the
date of the original public notice for the license or permit.

3. Outer Continental Shelf (OCS) Activities

Activities occurring on the outer continental shelf off Maryland's shore
which are subject to federal licenses or permits must be carried out in a
manner consistent with the approved Maryland Coastal Zone Management Program.
This includes (1) license and permit activities which are described in detail
in a plan for the exploration, development, or production on the OCS, and
(2) licenses and permits required for activities related to OCS exploration,

305

development, or production. These permits and licenses include:

(1) Those described in detail in OCS Plan submitted to the Secretary of
Interior, such as

- permits to drill (U. S. Geological Survey)

- rights-of-use and easements for construction and maintenance of
structures and platforms on the OCS (U. S. Geological Survey)

- rights-of-use and easements for gathering and flow lines (U. S.
Geological Survey)

(2) OCS-Related Licenses and Permits

- pipeline corridor rights-of-way (Bureau of Land Management)

- permit for artificial islands and fixed structures on the OCS (U.S. Army
Corps of Engineers)

- permit for transport of dredged material (U.S. Army Corps of Engineers

- permits for discharges or emissions pursuant to the Federal Water
Pollution Control Act of 1972 or the Clean Air of 1970 (Environmental
Protection Agency)

- permits to tow barges of over 100 tons (U.S. Coast Guard)

Outer Continental shelf activities related to exploration, development and
production of oil and gas will not inherently conflict with Maryland's program
(See Chapter III, Section D ). What may conflict is the manner in which these
activities are carried out. OCS activities will be considered consistent with
Maryland's Program if:

(1) Environmental baseline studies necessary to determine impact on
coastal lands and waters are carried out;

(2) All safeguards provided for in federal law are stringently applied and
enforced, and

(3) Among the feasible alternatives available for each activity associated
with OCS exploration, development and production, (e.g. alternative
platform design, alternative pipeline corridors), chosen alternatives having
the least adverse impact on coastal lands and waters.

The flow diagram (Figure VI-1) on the following page shows the process by which the
Coastal Zone Unit reviews OCS plans and federal licenses and permits for OCS-related
activities in accord with NOAA Regulations, 15 CFR Sections 930.70 et seq. If
the CZU objects to any of the permits described in the plan, the Secretary of
Interior may not approve the plan, nor can any of the permits described in the
plan be issued, until either (1) the secretary of Commerce finds, on appeal, that
the activity is consistent with the purposes of the Coastal Zone Management Act, or
(2) the applicant files an amended OCS plan and consistency determination to
which the CZU concurs. If the state objects to the consistency determination
for one license or permit for an OCS-related activity, federal agencies may issue
other licenses or permits to which CZU has not objected, and permits and licenses
described in the OCS plan, if CZU has concurred with the consistency determination

306

Figure VI-1 FLOW DIAGRAM OF OCS PLAN
CONSISTENCY REVIEW

OCS PLAN &
RELATED PERMITS
PLUS CONSISTENCY
DETERMINATION

SECRETARY COASTAL PROVIDES
OF ZONE PUBLIC
INTERIOR UNIT NOTICE

REVIEW
CIO PERIOD
lst ROUND
6 MONTHS

SUCCESSIVE
ROUNDS
3 MONTHS
Go
c-
m
0

SECRETARY APPLICANT
OF APPLICANT AMENDS
COMMERCE APPEALS PLAN
Ai@ 1
>C'04,c,
m
0
_4
co

PLAN PROCEEDS THROUGH
FEDERAL APPROVAL
PROCESS

307

for one license or permit for an OCS-related activity, federal agencies may
issue other licenses or permits to which CZU has not objected, and permits and
licenses described in the OCS plan, if CZU has concurred with the consistency
determination on the plan.

The process is meant to provide for one unified state review of all federal
licenses or permits associated with a OCS plan. Then, once the 'plan is approved,
the State will not object to any permits described in or associated with the plan
unless conditions of the permits are subsequently changed. If, however, the
applicant submits the plan for state review separately from the applications for
OCS-realted licenses and permits, each must go through the review process described
in section B. above, separately. (See NOAA regulations, 15 CFR section 930.82).

After the OCS activity described in the OCS plan commences, the state will
have the opportunity to object if the applicant fails substantially to comply
with the plan. If the state believes that an applicant is not in compliance, it
will adhere to the following procedures pursuant to NOAA regulation 930.86.

- CZU will file a claim with the U.S.G.S. and allow a reasonable time for
remedy;

- if the applicant still'fails to complv, CZU or the Governor will file
wkitten objection with the Secretary of Commerce.

If the Secretary of Commerce finds the lessee not in compliance, the lessee
must file an amended plan for review as described above. The lessee and the
Secretary of Interior have the opportunity to submit comments to the Secretary of
Commerce before she makes her finding. If the Secretary of Commerce requires an
amended plan, the les.see must comply with the first plan until the amended plan
is approved.

4. Federal Assistance to State and Local Governments

Federal assistance to state and local governments for projects
affecting the coastal zone may only be granted when such activities are
consistent with the State's approved Coastal Zone Management Program.
Assistance refers to grants, contractual arrangements, loans, subsides,
guarantees, insurance or other forms of financial aid.

Table VI-6 provides a tentative list of federal assistance programs which
will be subject to state review for consistency with the Coastal Zone Management
Program. This list will normally apply only to those activities occurring ih the
coastal zone, although the State will monitor assistance for projects outside the
coastal zone, and will inform the federal agency and applicant on a case-by-case
basis if a federally assisted project outside the coastal zone will be subject
to consistency. This will occur only if the project would have those affects
described under section 1. "Federal Activities, Actions Landward of the Coastal Zone.

All actions requiring notification to the State are presently reviewed under
the auspices of State Clearinghouse. The application should indicate that it is
an action subject to consistency reivew. The following process is outlined in
the flow chart, Figure VI-2. Relevant state and local reviewers will review the
application and indicate in their comments whether or not the action is consistent
with the Program, and state the reason therefore. If all reviewers (which may or
may not include CZU) find the project to be consistent, the application will proceed
to the applicant and the federal agency with an indication that it is consistent
with the program.

308

Table VI-6

Federal Assistance Programs

Subject to Consistency

DEPARTMENT OF AGRICULTURE

10.409 Irrigation, Drainage.,and other Soil and Water Conservation Loans
10.411 Rural Housing Site Loans
10.414 Resource Conservation and Development Loans
10.418 Water and Waste Disposal Systems for Rural Communities
10.419 Watershed Protection Flood Prevention Loans
10.422 Business and Industrial Loans
10.423 Community Facilities Loans
10.424 Industrial Development Grants
10.655 Assistance to States for Tree Planting and Reforestation
10.657 Cooperation in Forest Management and Processing
10.658 Cooperative Forest Insect and Disease management
10.659 Cooperative Production and Distribution of Forest Tree Planting Stock
10.660 General Forestry Assistance
10.901 Resource Conservation and Development
10.904 Watershed Protection and Flood Prevention

DEPARTMENT OF COMMERCE

11.300 Economic Development-Grants and Loans for Public Works and Development Facilities
11.303 Economic Development-Technical Assistance
11.304 Economic Development-Public Works Impact Projects
11.305 Economic Development-State and Local Economic Development Planning
11.308 Grants to States for Supplemental ahd Basic Funding of Titles I, II, and
IV Activities
11.405 Anadromous and Great Lakes Fisheries Conservation
11.406 Commercial Fisheries Disaster Assistance
11.407 Commercial Fisheries Research and Development
11.417 Sea Grant Support
11.500 Construction-Differential Subsidies

DEPARTMENT OF DEFENSE

12.100 Aquatic Plant Control
12.101 Beach Erosion Control Projects
12.106 Flood Control Projects
12.107 Navigation Projects
12.108 Snagging and Clearing for Flood Control
12.110 Planning Assistance to States
12.400 Military Construction, Army National Guard

309

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

14.001 Flood Insurance
14.112 Mortgage Insurance-Construction or Rehabilitation of Condominium Projects
14.115 Mortgage Insurance-Development of Sales-Type Cooperative Projects
14.124 Mortgage Insurance-Investor Sponsored Cooperative Housing
14.125 Mortgage Insurance-Land Development and New Communities
14.126 Mortgage Insurance-Management Type Cooperative Projects
14.127 Mortgage Insurance-Mobile Home Parks
14.128 Mortgage Insurance-Nursing Homes and Related Care Facilities
14.129 Mortgage Insurance-Hospitals
14.203 Comprehensive Planning Assistance
14.207 New Communities-Loan Guarantees
14.218 Community Development Block Grants/Entitlement Grants
14.219 Community Development Block Grants/Discretionary Grants
14.701 Diaster Assistance

DEPARTMENT OF THE INTERIOR

15.201 Leases, Permits, and Easements for Public Works
15.202 Public Land for Recreation, Public Purposes, and Historic Monuments
15.203 Public Land for Rights-of-Way
15.205 Exchange of Public Lands
15.207 Mineral Leasing
15.211 Sale of Isolated Public Lands
15.213 Special Land Use Permits
15.400 Outdoor Recreation-Acquisition, Development and Planning
15.501 Irrigation Distribution System Loans
15.502 Irrigation Systems Rehabilitation and Betterment
15.503 Small Reclamation Projects
15.504 Federal Reclamation Projects
15.600 Anadromous Fish Conservation
15.605 Fish Restoration
15.611 Wildlife Restoration
15.612 Rare and Endangered Species Conservation
15.904 Historic Reservation
15.950 Additional Water Resources Research

DEPARTMENT OF TRANSPORTATION

20.004 Boating Safety-Financial Assistance
20.102 Airport Development Aid Program
20.103 Airport Planning Grant Program
20.205 Highway Research, Planning and Construction
20.214 Highway Beautification-Control of Outdoor Advertising, Control of Junk
yards, Landscaping and scenic enhancement
20.306 Rail Property Acquisition and Modernization Grant Assistance
20.505 Urban Mass Transportation Technical Studies Grants
20.506 Urban Mass Transportation Demonstration Grants
20.600 State and Community Highway Safety
20.700 Gas Pipeline Safety

310

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

24.034 Research and Development in Fossil Energy
24.1035 Research and Development in Energy Conservation

NATIONAL SCIENCE FOUNDATION

47.1036 Intergovernmental Program

WATER RESOURCES COUNCIL

65.001 Water Resources Planning

ENVIRONMENTAL PROTECTION AGENCY

66.001 Air Pollution Control Program Grants
66.005 Air Pollution Control Survey and Demonstration Grants
66.027 Solid Waste Disposal Planning Grants
66.028 Solid Waste Disposal Demonstration Grants
66.418 Construction Grants for Wastewater Treatment Works
66.419 Water Pollution Control-State and Interstate Program Grants
66.426 Water Pollution Control-Areawide Waste Treatment Management Planning Grants
66.433 Underground Water Source Protection-Consolidated Research Grants
66.500 Environmental Protection-Consolidated Research Grants
66.501 Air Pollution Control Research Grants
66.502 Pesticides Control Research Grants
66.504 Solid waste Disposal Research Grants
66.505 Water Pollution Control-Research, Development, and Demonstration Grants
66.506 Safe Drinking Water Research and Demonstration Grants
66.600 Environmental Protection Consolidated Grants-Program Support
66.602 Environmental Protection Consolidated Grants-Special Purpose

311

Figure VI-2 FEDERAL CONSISTENCY REVIEW
THROUGH CLEARINGHOUSE

APPLICANT

SUBMITS APPLICATION

CLEARINGHOUSE

SENDS TO REVIEWERS

ALL REVIEWERS 30 to 60
DAYS

CLEARINGHOUSE

APPLICANT CONSULTATION (Optional) CzU 30 DIAYS

C
I@ORTN OW@ISTENCY
RESOLVED

CZU MAKES
FEDERAL AGENCY FINAL DETERMINATION FINAL
DETERMINATION#

PROCEED stop FEDERAL AGENCY
CANNOTFUND
INCONSISTENT
ys/s
V,9/
1
10,
VL
114;

ACTION

312

If one or more reviewers, in the comments they return to Clearinghouse,
find the project inconsistent, and if the inconsistencies are of minor consequence
and can be removed by simple modification, Clearinghouse will attempt to resolve
the i@sue prior to returning final comments to the applicant. If, however, the
inconsistency cannot be resolved easily, the Clearinghouse will return the comments
to the applicant and simultaneously notify CZU.

This notification will normally be in the form of the summary letter of
comments which is sent to all reviewers, and would be sent to the Clearinghouse
contact of the Department of Natural Resources.

The applicant may then contact CZU and attempt to resolve any inconsistency,
or he may simply forward his application with comments to the federal agency. A
federal agencyupon receipt of an application and attached Clearinghouse comments
indicating inconsistencymay initiate processing of the application, but may not
take final funding action on the application, unless CZU transfers to the federal
agency a final determination of consistency-

For federal assistance programs (as for direct federal activities; see section
A. above) established State Clearinghouse procedures will be used whenever possible.
The Coastal Zone Unit and the State Clearinghouse will work together to clarify
or modify these procedural arrangements for federal consistency reviews as necessary
to facilitate the process. The development of specific agreements on the review process
among CZU, Clearinghouse, and individual federal agencies may prove desirable.

313

APTER Vil,

THE PUBLIC ROLE

IN COASTAL ZONE MANAGEMENT

J L
CC

7@1

VII. THE PUBLIC ROLE IN COASTAL ZONE MANAGEMENT

The role of the public in determining the fate of coastal resources is funda-
mental since the principal responsibility for their protection, development and
conservation falls directly to citizens in their every day activities as users and
landowners. However, because local, state and federal governments have enacted
laws and initiated programs that define and affect the rights of users of coastal
areas, it is in the government sector that much public interest in coastal
management is focused.. The Maryland Coastal Zone Management Program, in particular,
addresses land values, private use of public resources, and public access to
those resources over privately owned land. In this chapter, the Program sets
forth the opportunities for timely public input into significant coastal policies
and other actions of government. It also describes the formal relationships
and functions of coastal government agencies with the public as an important
aspect of documenting comprehensively how coastal management works in Maryland.
Unfortunately, this cannot adequately convey the depth to which these relation-
ships provide for individual property owner, farmer, waterman, or businessman
interests on any particular issue. Therefore, it is important to reaffirm here
that the relationships presented below respond to specific needs and concerns
of the public.

I The public role in coastal zone management entails participation in the ways
existing laws and programs are presently carried out in coastal areas, and
representation in the program review and project evaluation processes which are
innovations of the Program. The Coastal Zone Unit provides support activities
for this public participation, consistent with the following guidelines:

1. To provide information, where existing available information is
insufficient, to enable private users to act in a manner consistent
with current State coastal programs and policies.

2. To clarify existing coastal management programs with regard to
potential conflicts and misunderstandings among competing users of
coastal resources.

3. To disseminate this information in a manner which is understandable to
the groups most likely to be affected.

4. To serve as ombudsman for citizen grievances concerning conflicting
uses of coastal resources.

Public Information: Keeping The Public Aware of Coastal Zone
Management Activities

The Coastal Zone Unit coordinates the distribution of accurate, understandable
information on major coastal policy issues, on programs that affect coastal
resources, and on public and private projects of State-wide concern. The purpose

314

of -this public information is to evoke public awareness of the complexity of major
coastal issues addressed by the government, and to summarize the salient aspects
of -these issues objectively, so that the involvement of an educated public in
subsequent coastal actions will be possible. This process includes:

1. Newsletter. A bimonthly report has been initiated to keep its
readers abreast of significant Program activities and to announce
new developments. It also snyopsizes coastal resource studies
that will be useful to agencies and to the public in their coastal
zone management efforts. The newsletter concentrated on discussions
of the relationship of these studies and program activities to
issues of importance to the citizens of the State. Space in the
newsletter can be reserved for citizens' comments on issues of State--wide
interest. The newsletter presently reaches over 4,000 persons, groups,
government agencies and academic institutions.

2. Distribution of Specific Information. The Coastal Zone Unit produces
fact sheets, action memorandaf study summaries and other special public
education literature pertaining to coastal management. Factual information
.produced by other Program-related agencies may also be publicized and
distributed. This information is sent to the Coastal Zone Unit's list
of active individuals and groups most likely to be concerned with these
issues. In addition, the Unit disseminates information through government
information distribution centers around the State, such as libraries and
local planning offices. Current technical and program information is
provided to the main libraries of coastal jurisdictions. Branch libraries
receive general material periodically, unless specific requests for
additional information are made.

3. Special Public Education Projects. When there are public education
needs which can be met by single actions, the Coastal Zone Unit sponsors
specific projects. These projects may be conducted either by the
Coastal Zone Unit on its own, in cooperation with other public service
agencies, or with private organizations.

For example, the Maryland Cooperative Extension Service, funded
by the Program, will provide handbooks for private property owners and
concerned citizens, to explain how they may comply with existing State
laws regarding coastal zone management, how they can realize the benefits
of these laws, and how they may have a voice in public program actions
in coastal areas.

4. Use of the Media. It is the intent of the Coastal Zone Unit to publicize
sl_gnificant meetings or other events of greater than local concern
occurring in the coastal zone. Contacts have been established with TV and
radio stations, and newspapers, to expand public exposure to program
actions through news releases and special features. The Unit also
encourages liaison between the media and local citizen representatives
to the Coastal Resources Advisory Committee, so that local papers may
regularly report citizens' perspectives on those coastal issues addressed
by the Program. In addition, spot announcements are produced to give the
broadest possible coverage to State-wide issues or special events.

315

5. Expert Spokesmen. The Coastal Zone Unit acts, upon request, as a
coordinator to arrange appearances of knowledgeable speakers at work-
shops, conferences, and special citizen advisory meetings.

6. Public Accessibility to the Government. To meet the need for more direct
public access to coastal management agencies, the Coastal Zone Unit
complements other public information services at the State level.

Additionally, the Unit will man a "hot-line". This toll-free
number to the unit's office will be set up so that citizens can report
problems or seek governmental information from anywhere in the coastal
zone. The hot-line will be used in conjunction with "Direct line", a
vehicle for handling citizens' written inquiries. Direct line is
also a useful means for citizens to ask questions about state actions
in coastal areas, or to propose issues for consideration by the Program.

The Maryland Cooperative Extension Service project will also
serve to link public information services among all affected State
departments. These citizens' guides will package information on
sources of governmental assistance and will be widely distributed.

Finally, the Coastal Zone Unit is working on the establishment of
an information retrieval system, making multi-departmental information on
coastal resources more readily available to citizens and government
agencies.

-Public Participation In CoastalZone Management Activities

Maryland's Program blends new opportunities with existing ways of obtaining
public participation in coastal decisions. Whereas the implementation of the
Coastal Zone Management Program is based on the networking of existing legal
authorities and government agencies, the public participation element combines
existing citizen advisory programs with the public involvement element in coastal
project evaluations. organizational opportunities, consisting of new and
existing citizen advisory bodies at the State, local and regional levels,
provide a forum for citizens and special interest groups to:

- seek consensus on specific controversial coastal management issues;

- evaluate how implementation of various portions of the Program reflect
the needs and values of citizens in coastal areas;

- assure that as the Program is updated the priorities and needs of citizens
are adequately considered;

- discuss how to reach and involve additional individuals and groups
likely to be affected by the Program.

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The following four elements are the backbone of the public participation
component of the Program:

1. Coastal Resources Advisory Committee. In July, 1976, a 60-member
Supplemental Committee was created by the Secretary of Natural Resources,
to bring wider representation to the existing Chesapeake Bay and
Coastal Zone Advisory Commission. The Commission, established by law
as a unit of the Department of Natural Resources, has the duty to advise
the Secretary on rules and regulations which he may adopt. The Committee
evolved as an adjunct to the Commission, ensuring that Maryland's varied
interests would be reflected during Program development.

In June, 1977, the Committee was reconstituted as the Coastal
Resources Advisory Committee. The composition of its membership was
altered to represent more accurately the interests of organizations with
functions related to coastal area management. Individuals representing
local governments, umbrella groups, and important interests within the
State now constitute the voting membership of the Committee. Individuals
representing State and federal agencies and academic institutions provide
technical support on a non-voting basis.

Because its-membership relDresents a,broad-base of government,
interest groups, and the general public, the Coastal Resources Advisory
Committee occupies an important position providing guidance on best uses,
conservation, and preservation of the State's coastal area resources.

The Committee serves as a public forum for the Program, in which
individuals and organizations involved in coastal resources activities
are kept aware of Program actions and present their views on the
Program proposals. The various interests represented on the Committee
may not always be in total agreement with the direction of policy decisions.
However, with the Committee as a regular communication channel, members
are provided an opportunity to have their views integrated with the technical,
environmental and economic bases for decisions.

Another important function of the Committee is to guide Program
implementation. This is accomplished primarily through the efforts of
subcommittees and task forces having a broad composition of representatives
from State agencies, local governments, special interests and citizens-at-
large. The specific areas they address include;

a. The Project Evaluation process, including the procedures and
criteria that should be used in desi@nating and evaluating
projects.

b. The identification of coastal problems requiring further
research and analytical studies for resolution.

C. The overall allocation of the Program's technical and
financial resources.

317

d. Federal Consistency review.

e. The implementation of the Coastal Energy Impact Program
established by the 1976 Coastal Zone Management Act Amendments.

The Committee also provides the framework for formal public involvement
at the State level and for additional coordination between citizens and
their local governments. Citizen representation is provided equal
recognition with that of government officials. Each coastal county,
plus Baltimore and Ocean Cities, has been given the opportunity to
appoint a citizen representative as a voting member of the Committee.
There are, in addition, five at-large citizen representatives elected
from five geographical areas of the State.

Citizen representatives serve several functions. They can be a
valuable information source to citizen bodies appointed by local government,
and to the public at-large. They may also be a conduit through which local
and regional citizen concerns can be carried to the State Committee.
Finally, they can inform their respective local government officials of
citizen viewpoints on coastal.policy matters and other issues.

Although the Coastal Resources Advisory Committee is a broad-based
organization, it cannot be all inclusive. The membership recognizes that
its actions are more credible when it draws on the participation of the
public-at-large for the interest and expertise necessary to make decisions
truly comprehensive. For this reason, when tasks are initiated, the
Committee and the Coastal Zone Unit jointly consider the need for additional
advice.

Complete membership lists for the Chesapeake Bay and Coastal Zone
Advisory Commission and the Coastal Resources Advisory Committee are
included in Appendix C.

2. Local and Regional Committees. In the state's coastal jurisdictions,
elected officials have set up local and regional citizen advisory bodies
to study and make recommendations on coastal management issues. These
committees help shape comprehensive plans, zoning ordinances and local
application of State and federal programs that affect land and water
resources. Existing committees, or others formed in response to special
interests in the Program, are encouraged to; i) review the Program
continually for its impact in their area; ii) include Program elements
in assessing proposed actions at the local and regional level; and iii)
recommend actions to their local governments necessary to preserve
compatibility between their policies and the State Program.

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The Coastal Zone Unit will, upon request, provide technical
information, assist in the review of local or regional plans and
proposed procedures that may have greater than local impact, and provide
additional public information.

Complete membership lists of special local and regional committees
are included in Appendix C.

3. Advisory opportunities Through The Coalition Of Special Interest Groups
And Individuals. In addition to formal citizen advisory bodies, coastal
management agencies receive comments and advice directly from individuals
and special interest groups. The Coastal Zone Unit held at-large regional
citizen meetings during the final year of Program development to facilitate
direct public influence in the Program, without the encumbrance of
additional formal organizations. From these meetings and other sources,
a list of active individuals and groups is maintained.

The list is arranged by localities and issues, and can be made
available to participating local governments or State-wide special
interest organizations for selective use.

Prompt contact with knowledgeable citizens and special interest
groups can also be made by the Coastal Zone Unit or other State agencies
for timely public review and comment.

For issues of a regional nature, the list can be used as a basis
for notification of public information meetings between two or more
local governments, special interest organizations or other levels of
government. These meetings can serve as forums and information gathering
sessions, the results of which may be reported to the Coastal Resources
Advisory Committee for assessment and recommended action.

An example is the series of four fact-finding forums held on the
Patuxent River in early 1977. It was organized by the Coastal Zone Unit
and co-sponsored by several public and private organizations with an
interest in management of the river.

4. Cooperation with Other Public Participation Programs Related to the
Coastal Zone. The Coastal Zone Unit works closely with the public
participation programs of other agencies with an interest in coastal
issues, to facilitate public understanding of the fundamental relationships
between the programs, to improve efficiency by eliminating duplication
of effort, and to provide for the greater productivity of each session.

The purpose of this cooperation, furthermore, is to exceed the
original mandate of each program, by supplementing public participation
activities that are,intrinsic to each, and by supporting the mutual
intent of each citizen advisory opportunity.

319

The two most important areas of cooperation at this time are
the 208 Water Quality Planning Program (co-administered in this state
by the Water Resources Administration, the Regional Planning Council,
and the Washington Metropolitan Council of Governments) and the
Environmental Protection Agency's Chesapeake Bay Program.

Situations in which the Coastal Zone Unit agrees to cooperate with
the 208 Program include the following:

a. Where a problem is raised by the public and brought to the
attention of either staff, and it appears to have relevance
to the other program, this problem is referred by one public
participation coordinator to the other agency coordinator
for consideration and follow-up.

b. Where each program staff is available to meet with public
and advisory groups of the other.

c. Where use of a single newsletter is proposed as an important
means of efficient communication for both programs.

d. Where both staffs coordinate the timing and agenda of meetings
sponsored by their respective programs.

e. Where both public participation program staffs seek to be actively
involved in other programs affecting water quality management,
encouraging similar efficiencies where public education and
participation activities are concerned.

The public participation staffs of the Coastal Zone Unit, the
Water Resources Administration, and the Regional Planning Council are
encouraging similar means of cooperation with the Environmental Protection
Agency's new Chesapeake Bay Program.

Public Involvement in Coastal Project Assessments

Just as there are multi-level agencies and programs which constitute the
formal process of decision-making in coastal activities, there are multiple-level
opportunities for the public to influence these decisions. on the one hand, there
are various existing opportunities to review, evaluate, and testify on proposed
coastal activities. Additionally, there will be unique'opportunities that
complement the Coastal Zone Unit's role as lead agency. The following are some
examples of existing opportunities on the local level, outside the purview of the
Coastal Zone Unit:

1. Planning and zoning commission hearings on variances to existing
ordinances.

2. Public review of certain developmental permits.

3. Local review of proposed State and federal activities.

Every State agency participating in the Program provides opportunities
for public assessment. For example:

320

1. Public hearings on wetlands permits.

2. Public review of proposed State guidelines or major studies, such as
through the Boat Act Advisory Committee to the Secretary of Natural
Resources.

Finally, there are coastal activities which require multi-level review and
evaluation. Examples of combined federal, State and local assessment include:

1. Hearings on major energy facilities, such as power plants.

2. Cooperative planning, review, and funding of proper soil conservation
practices at the local level through the Soil Conservation Service,
Soil Conservation Districts and the Maryland Department of Agriculture.

These opportunities for public assessment are in most cases handled by the
lead agency. The role of the Coastal Zone Unit is to expand public awareness of
these procedures through such needs as citizen guidebooks to regulatory and
planning activities in the coastal zone.

Sometimes, however, these existing procedures are limited in their ability
to offer a comprehensive public review of complex, multi-level coastal proposals.
When the lead agency, the Coastal Zone Unit, and the interested public agree that
additional efforts are needed to achieve a full airing of a proposal, the Coastal
Zone Unit may be able to provide this service.

For example, in mid 1977, the Department of Natural Resources endorsed a
controversial U.S. Army Corps of Engineers' project to maintenance dredge the
western approach channel to the Chesapeake and Delaware Canal and to permit over-
board disposal of spoil. The Coastal Zone Unit supported a public meeting to present
the State's justification for the project, and to discuss the mitigation of possible
adverse impacts. Subsequently, an information packet on the public issues of
concern regarding the project was prepared by the Unit. Background information,
the specifics of the project and its monitoring program were presented. The Packet
was distributed to interested individuals and groups.

The Coastal Zone Unit is primarily responsible for determining Program
consistency of proposed activities affecting the coastal zone. This is to be
accomplished through:

1. Comprehensive project evaluations for major proposals which have the
potential for significant impacts on coastal waters.

2. Procedures for resolving conflicting policies when applied to the
evaluation of coastal related activities.

3. Program review, including identification of research and other funding
priorities, and providing the means for assessing the cumulative impacts
of small coastal projects.

321

The Coastal Resources Advisory Committee provides the main vehicle for
public involvement in project assessment, and complements each of these tasks.
For example:

1. Through the Committee, the Coastal Zone Unit lays out an explicit
role for citizen participation in the Program's Project Evaluation
process. Citizen representation is sought as soon as a project proposed
for the coastal zone is selected for a full review. Citizens participate
with government agencies in identifying key project issues and in
monitoring the evaluation.

2. The participation of the Committee in procedures resolving conflicting
coastal policies will provide the opportunity for greater public
accounting.

3. Committee task forces may be formed for the consideration of major
coastal research projects. Task forces share responsibility with
funding agencies for selection of contractors and delineation of tasks.

The Coastal Zone Unit public participation staff provides support for the
activities undertaken by the Coastal Resources Advisory Committee in project
assessment. On occasion, it may be advantageous for the Unit to request the
assistance of other public participation or education agencies to devise special
projects that will help the Committee assess public opinion.

Accountability To The Public For Coastal Zone Management Activities

All participating program agencies have the responsibility to make public.
the procedures and time schedules upon which they base coastal decisions. For
example, State departmental rules and regulations must allow for interested
individual's views before being promulgated. Questions raised about rationales
or other aspects of significant decisions may be considered for Program Review
through the Coastal Zone Unit's public participation mechanisms. The toll-free
"hot line" and the information retrieval form "Direct line", make it easy for
citizens to reach the Unit or other agencies and to be assured of a prompt answer
to their concerns.

Program responses may take the form of personal telephone calls., written
replies or personal meetings. In some instances, special reports or public
forums may be appropriate. In all cases, a public accounting will be made on
controversial aspects of the issue.

The Coastal Zone Unit has also formulated a policy on formal position
statements submitted by citizens for consideration in Program implementation.
Statements (resolutions, etc.) which are intended to represent the views of
an entire group, such as a local citizens' advisory committee or private
organization, should be duplicated and circulated by mail to all members of that
group. Then, at the group's next meeting, action can be taken to accept, revise,

322

or reject the statement of position. When this process is followed, action taken
by the group is considered by the Coastal Zone Unit to be a fair represnetation of
the views of that group. That is, the appropriate governmental agencies will be
notified, and if the issue is of larger than local concern, the Coastal Resources
Advisory Committee will consider it.

During Program development, formal resolutions were submitted to the Coastal
Zone Unit by the Maryland Conservation Council, and several of the regional citizens'
advisory meetings were sponsored by the Unit. These resolutions were reviewed
and responded to, and have helped shape the management program presented in this
document. Resolutions submitted by the Maryland Conservation Council, representative
of all those received, are reproduced in Appendix C.

Appeals of Public Policy Deci.sions Regarding Coastal Zone Management

When public accounting procedures fail to satisfy the concerns of individuals
or groups, there are procedures for appeal of State actions under the Program.
In such cases, if the individual has standing, he may resort to the administrative
appeals provision of the Natural Resources Article, Section 1-107, which provides
that:

"Any person aggrieved by any decision, action or failure
to act on the part of the Secretary or any unit within
the department of Natural Resources is provided by
subsection 1-106 of this article, and the rules and
regulations adopted pursuant thereto, is entitled to appeal..."

Section 1-106 allows an individual to appeal any departmental decision subject
to judicial review under the Administrative Procedure Act (Article 41 subsection
244, et. seq.) or any other provision of law. Article 41 in turn, provides judicial
review for any person aggrieved by a final decision in a contested case and defines
the term "contested case" as:

%'...a proceeding before an agency in which the legal rights,
duties or privileges of specific parties are required by law
or constitutional right to be determined after an agency hearing."

Administrative appeals before the Department of Natural Resources are basically
similar to appeals before other.state agencies. Once an individual has exhausted
his administrative appeals, he may seek judicial relief.

For citizens and groups without legal standing, the Coastal Zone Unit may be
petitioned in writing on behalf of the State to intervene as an aggrieved party to
the decision through the Department of State Planning's intervention authority.
This procedure is described more fully in Chapters one and eight.

Through the various organizations and procedural methods described in this
chapter, the Maryland Coastal Zone Management Program has sought to provide for
public participation through:

323

1. Information: reports, newsletters, the hot-line, and direct line.

2. Representation: The Coastal Resources Advisory Committee, and public
hearings.

3. Appeal: To the Department of Natural Resources

Thus, the Maryland Coastal Zone Management Program, itself developed with
public participation, fulfills the requirements of the federal Coastal Zone
Management Act and provides for the direct involvement of the public that the
Coastal Zone Management Program is designed to serve.

324

A ER Vill
LEGAL AUTHORITIES or

VIII LEGAL AUTHORITY

I Introduction

This Chapter has been developed in response to Section 305(b)(4) of the
federal Coastal Zone Management Act (See Appendix I) which requires the manage-
ment program for each state to identify the means by which the state proposes
to control land and water uses. This Chapter will demonstrate that the State
of Maryland has sufficient legal authority to implement the goals and objectives
of its coastal zone management program and that the Maryland program complies
with the requirements of Section 306(d) that it have authority:

(1) to administer land and water use regulations, control develop-
ment in order to ensure compliance with the management program,
and to resolve conflicts among competing uses; and

(2) to acquire fee simple and less than fee simple interests in
lands, waters, and other property through condemnation or
other means when necessary to achieve conformance with the
management program.

The principal control technique to be used by Maryland is that specified by
Section 306(e)(1)(B) of the federal act: "Direct land and water use planning and
regulation." Maryland will utilize existing statutes, regulations and common law
in order to achieve direct control. While Maryland does not have comprehensive
coastal zone management legislation, this Chapter will demonstrate that the State
does have the ability and authority to "network" together a large number of regu-
latory authorities in implementing its comprehensive program. There will be a
discussion of Maryland's authority to tie together its diverse legal authorities,
including the use of interagency memoranda of understanding and executive orders.
It should be noted, however, that direct control is not the exclusive implementa-
tion technique which will be used. To a lesser extent Maryland will rely upon
state establishment of criteria and standards for local implementation and state
review of local and private land and water-use decisions.

The discussion of control over land and water uses is arranged according to
the principal administrative agency responsible for implementation and is preceded
by a discussion of the Maryland Environmental Policy Act. A general description
of the purpose and jurisdiction of each department precedes the specific laws which
it administers. Emphasis is placed on regulatory programs because Section 305(b)(4)
requires an inventory of the State's means of control over land and water uses in
the coastal zone. Some cooperative and funding programs are also included, however,
because of their present or potential importance in influencing land and water
management decisions. This inventory consists only of those laws presently in
force, and is in no way a proposal for increased land or water management powers.
It is Maryland's position that no additional authorities are necessary in order to
meet the requirements for program approval. The analysis of land and water use
regulations is followed by sections on conflict resolution, property acquisition
and networking authority. Finally there is a discussion of Maryland's authority
to meet the requirement of Section 306(e)(2) that the program provide a means of
assuring that local land and water use regulations do not unreasonably restrict
uses of regional benefit.

325

II Land and Water Use Regulation

A. The-Maryland Environmental PolicV Act

The Maryland Environmental Policy Act, (Natural Resources Article,
Section 1-301 et seq.) will be an important consideration in the implementation
of Maryland's coastal zone policies. The Act contains two substantive provisions.
First, state agencies are required to prepare "environmental effects reports" for
each proposed state action significantly affecting the quality of the environment.
The term "proposed state action" is defined narrowly to include "requests for legis-
lative appropriations or other legislative actions that will alter the quality of
air, land, or water resources."

The second requirement, as set forth in Section 1-303, mandates all
state agencies to consider the environment in their decision-making processes:

All state agencies, except where existing law
expressly prohibits, shall identify, develop, and
adopt methods and procedures that will assure that:
(1) Environmental amenities and values are given
appropriate consideration in planning and decision-
making along with economic and technical considera-
tions;
(2) Studies are undertaken to develop and describe
appropriate alternatives to present policies, pro-
grams, and procedures that involve significant ad-
verse environmental effects or unresolved conflicts
concerning uses of available resources; and
(3) Planning and decision-making involving environ-
mental effects are undertaken with the fullest
practicable provision of timely public information
and understanding and in coordination with public
and private organizations and individuals with
jurisdiction by-law, special expertise, or recog-
nized interest.

This language will assist in the implementation of Maryland's program in that it
broadens the basis upon which administrative decisions are made. Environmental
:factors must be considered unless an agency's enabling legislation specifically
P
provides otherwise. Adoption of the policies set forth in Maryland's program will
enable the Department of Natural Resources and other state agencies to meet the
.requirements of Section 1-303.

MEPA is also important because of the policy statements which are set
forth in Section 1-302. For example, Section 1-302(b) and (c) provide:

(b) The protection, preservation, and enhancement of
the state's diverse environment is necessary for the
maintenance of the public health and welfare and the con-
tinued viability of the economy of the state and is a
matter of the highest public priority;

326

(c) All state agencies must conduct their affairs with
an awareness that they are stewards of the air, land,
water, living and historic resources, and that they have
an obligation to protect the environment for the use and
enjoyment of this and all future generations.

Section 1-302(k) provides that:

The policies, rules, regulations and public laws of the
State shall be interpreted and administered in accordance
with the policies set forth in this subtitle.

The adoption of these and other policy statements by the General Assembly provides
a general statutory basis for the state's coastal zone management program.

B. The Department of Natural Resources

The Department of Natural Resources (DNR) is the principal state depart-
ment ment charged with the regulation of the State's waters, fish and wildlife,
forest, mineral, and recreational resources. The Secretary who heads the department
is responsible for:

...the development of coordinated policies for the
preservation, conservation, enhancement, wise use
and perpetuation of the natural resources of the
State. He is responsible for the efficient co-
ordination of all natural resources activities of
the State including the settlement of conflicts
which arise among units within the Department of
Natural Resources. (Article NR, Sec. 1-104).

The department is specifically assigned responsibility for:

... planning, development, management, and con-
servation of the Chesapeake Bay and any other
tidal waters, including their shore line and
bottom, and any resources associated with these
waters. (Article NR, Sec. 8-203)c)).

This language is very broad and provides general authority for the state's manage-
ment program.

The Department of Natural Resources is the agency designated (by letter
of Governor Marvin Mandel to Robert Knecht, Director of the federal Office of Coastal
Zone Management, March 12, 1973) as the single agency to receive and administer the
Coastal Zone Management Administration Grants. The Secretary of Natural Resources
is authorized to:

...apply for, accept, and administer for the State
any federal funds or appropriations of money for
any purpose which may be hereinafter made out of
the federal treasury by an Act of the Congress.
(Article NR, Sec. 1-103(c)).

327

The Department may acquire land, earth, gravel, stone, timber,
material, or any improvement by condemnation when necessary to carry out the
purposes of any legislative act or advance the aims of forestry, parks, or
recreation, and the work of the Department (Article NR, Sec.5-208). The Depart-
ment has a board of review (consisting of seven members appointed by the Governor)
which hears appeals on any decision of the Secretary or unit of the Department
subject to administrative review (Article NR Sec.1-106). The Department of Natural
Resources is advised by a Chesapeake Bay and Coastal zone Advisory Commission
(Article NR, Sec. 8-202(b).

The following units within DNR are responsible for land and water use
management programs as described below:

1. Water Resources Administration
2. Energy and Coastal Zone Administration
3. Capital Programs Administration
4. Maryland Environmental Service
5. Maryland Environmental Trust
6. Maryland Geological Survey
7. Wildlife Administration
8. Fisheries Administration
9. Forest Service
10. Park Service
11. State Boat Act
12. Interstate Commissions

1. Water Resources Administration
to: The Water Resources Administration (WRA) is charged with responsibility
... exercise to the fullest extent possible the state's
responsibility for its water resources by planning and
supervising multiple purpose development and conserva-
tion of the waters of the state for the state's best
interest and benefit. It shall develop a general water
resources program which contemplates proper conservation
and development of the waters of the state, in a manner
compatible with multiple purpose management on a water-
shed or aquifer basis, or any other geographical unit.
The program shall recognize and be consistent with
functions of other state units. (Article NR, Sec.8-203(b)).

The following programs-and laws are administered by WRA:

a. Water Appropriation Permits

Maryland's waters are broadly defined as both the
surface and underground waters within the State, in-
cluding a 100-year flood plain. (Article NR,Sec.8-101)).
A permit from WRA is req,.. red before a person may use
or appropriate state waters. (Article NR,Sec.8-802).

328

Use of water for domestic or farm purposes is
exempted from the permit requirement. The Water
Resources Administration must receive satisfactory
proof that the proposed use will not violate Maryland's
water quality standards or jeopardize its natural
resources (Article NR, Sec.8-802). In response to the
requirements of Sec.8-203 (above) and Sec.3-106(d) for
comprehensive 5-year regional or river basin water
supply facility plans, WRA has developed a State
wide Water Supply Management Program. The purpose
of the program is to evaluate and implement water
supply developments to satisfy projected demands
in the State, to identify limitations of local water
supply plans, and alternatives for correcting such
limitations.

b. Flood Plains and Flood Control

The Water Resources Administration regulates, by permit,
the construction or repairs to dams and reservoirs or any
changes in cross section or obstructions to the 100-year
flood plain of rivers. The filling in or reduction of
flood plains or cross sections of non-tidal streams and
surface water is considered to be generally against the
State's interest (WRA regulation .08.05.03.05). These
regulations require all permit applications for such
applications for such operations to be accompanied by a
hydraulic calculation of the effects of such a reduction
or filling, as well as the expected benefits of the
project.

The authority of WRA to delineate a flood plain area
and prescribe water quality standards with implementing
regulations was upheld in 1974 when the Court of Appeals
ruled the standards and regulations were not an uncon-
stitutional taking (A.H. Smith Sand and Gravel Co.
v. Department of Water Resources, 313 A.2d 820, 270 Md.
652 (1975)).

The Flood Control and Watershed Management Act gives
WRA the power to designate interim flood hazard areas
(Article NR,Sec.8-9AO3). Appropriate subdivisions (county
and municipal governments) are to adopt regulations
within the flood control area (Article NR,Sec.8-9AO4(a)).
These regulations must require that any use, or its effects,
are minimized to the most practical extent possible to
protect against danger to life, water quality, or property
from backed up or diverted water, obstructions sweeping
downstream, or construction or alteration within the
flood hazard area, (Article NR, Sec.8-9AO7(b)).

The Water Resources Administration is also to establish
state-wide watershed areas for flood control and planning

329

management (Article NR, Sec.8-9AO5(a)). A state-wide flood
control plan is to be developed by the subdivisions in
cooperation with the Department of Natural Resources,
the Department of State Planning, the Department of
Agriculture, and other appropriate agencies (Article
NR, Sec.8-9AO5(d)). Interjurisdictional plans must be
approved by DNR. The Water Resources Administration
is to review-the plan and recommend changes to the
General Assembly every two years (Sec.8-9AO6(c) and
(d)). The Water Resources Administration may also
request appropriate legal action by the Attorney General
if the subdivisions do not enforce the provisions of
the Act (Article NR, Sec.8-9AO7(b)).

C. Water Pollution Control

Section 8-1405 of the Natural Resources Article gives the
DNR broad authority to control water pollution including
authority to promulgate water quality standards and
effluent limitations and to prescribe conditions to be
set forth in discharge permits. Generally, see regulation
08.05.04.

It is illegal for any person to discharge any pollutant
into Maryland's waters without a permit from WRA (Article
NR, Sec.8-1413(a)). A permit is also required from WRA before
any person may construct, install, modify, or operate any
industrial, commercial, or recreational facility or dis-
posal system, state-owned treatment facility, or any other
establishment, capable of discharging pollutants into the
waters of the State (Article NR, Sec.8-1413(b)). A "pollutant"
is defined as any waste or wastewater discharged from
any publicly owned treatment works or industrial source
and all other substances which will pollute any waters of
the State (Article NR, Sec.8-1401(h)). If WRA determines
that restrictions on access to treatment facilities are
necessary to prevent water pollution, such restrictions
may be included as a condition to the discharge permit
(60 Md. Att'y. Gen. Op. 108 (1975)). Maryland's discharge
permit program has been approved pursuant to the provisions
of the Federal Water Pollution Control Act (33 U.S.C.
Sec.1342(b)) and the Federal permit program has been delegated
to the state.

The Water Resources Administration has general authority
to formulate pollution control regulations concerning oil
storage, transfer, separation, removal, treatment and dis-
posal (Article NR, Sec.8-1405(d)). These regulations have
taken the form of an "Oil Handler's Permit" requirement
(Regulation 08.05.04.07). The owner or authorized operator
of an oil facility must demonstrate to WRA that he is both

330

adequately equipped to prevent oil pollution and able to
control oil spills. The discharge of oil in any manner
into the waters of the State from any vessel or boat of
any kind is specifically prohibited (Article NR, Sec.
8-1410). Licenses are required of all oil terminal
facilities. An oil spill contingency plan and payment
of a fee are requirements for obtaining the license.

Permit and license fees go into an Oil Spill Disaster
Contingency, Containment, arid Cleanup Fund used to support
the State's oil spill cleanup efforts and to purchase neces-
sary cleanup equipment.

It should be noted that a coastal oil facility as defined
by the Coastal Facilities Review Act (which included various
types of pipelines, intermediate production terminals or
refineries, crude oil storage facilities, operations bases,
and fabrication yards) does not have to receive a separate
permit from WRA. However, the requirements for the Oil
Handling Permit are incorporated into the coastal facility
review and must be fulfilled before that permit is issued
by the Energy and Coastal Zone Administration (Article NR,
Sec. 6-505).

d. Control of Hazardous Substances Disposal.

The Hazardous Substances Disposal Act was enacted by the
Maryland General Assembly in 1976 (Article NR, Sec.8-1413.2).
The Act gives DNR the responsibility for defining and desig-
nating hazardous substances (Sec.8-1413.2(c)). Anyone operating
a facility for the disposal of a designated hazardous sub-
stance must receive a permit from DNR. If the facility
operator must also obtain a permit for refuse disposal from
the Department of Health and Mental Hygiene, the DNR con-
ditions are simply incorporated into the Department of
Health and Mental Hygiene permit conditions (Sec.8-1413.2(i)).
Anyone who transfers hazardous substances to a disposal
facility must receive a certification, and have his
vehicle certified by DNR (Sec.8-1413.2(l)). The Water Re-
sources Administration sets fees for permits based on the
potential threat the hazardous substances may present to
the environment, the costs of monitoring the disposal
operation, and the costs of developing the programs
(Sec.8-1413.2(j)). Fees for permits, certification, or permit
renewal go into a Hazardous Substance Control Fund which
is used for emergency removal and mitigation of hazardous
substances from the waters of the State, identifying and
restoring natural resources damaged by hazardous substances,
and for monitoring and control of hazardous substances
(Sec.8-1413.2(f)).

331

The Department of Natural Resources may condemn land or
facilities when necessary to ensure proper care and moni-
toring or to protect public health or natural resources
(Sec.8-1413.2(n)). An Advisory Council is established to
advise the department in establishing regulations and in
carrying out the hazardous substance management program
(Sec.8-1413.2(d)). The council members represent the De-
partment of Agriculture, the pesticides coordinator of
the Cooperative Extension Service, the Department of
Licensing and Regulation, the Department of Health and
Mental Hygiene, the hazardous substances manufacture
and disposal industries, and the public at large.

e. Sedimentation Control

The Water Resources Administration reviews and approves
criteria and procedures which counties and local soil con-
servation districts use to implement soil and shore
erosion and storm water runoff control programs (Article
NR, Sec.8-1101). The Water Resources Administration must
also review and approve local ordinances passed to im-
plement the criteria under regulation 08.05.03.01 (B).
Such review and approval of ordinances and their operation
takes place every three years (id. at (B)(3)). A person
must receive a permit from the appropriate county based
on approval of his sediment control plans by the soil con-
servation authority before he may begin any land clearing,
construction, or development (Article NR,Sec.8-1102,8-1104).
The Water Resources Administration is the permitting
agency for any state or federal project, or any project
on state-owned land (regulation 08.05.02.01(D)(2)).
Any local project sponsored with Program Open Space Funds
(see Capital Programs, p. ) or any project which, in the
judgment of the appropriate soil conservation authority,
has a significant potential for erosion and sediment damages
to lands owned by the State or for lands within the take
lines of Program Open Space, requires the approval of both
WRA and the soil conservation authority (id. at (D)(3)).
The Water Resources Administration has the option to review
major grading, sediment, and erosion control plans, (Article
NR, Sec.8-1101). For a list of minor exemptions from the
general requirements of Article NR,Sec.8-1101 et seq., as well
as substitute agencies for soil conservation districts in
specific counties, see regulation 08.05.03.01. Natural
Resources Article, Section 8-1101 et seq, have been interpreted
as authorizing soil conservation districts to impose storm-
water management requirements. See 56 Op.Atty.Gen. 478(1971).

332

Watershed Sediment and Waste Control: Patuxent and Severn
River

A special program has been set up to protect the Patuxent
and Severn Rivers. The Water Resources Administration has
the power to promulgate protective regulations under Article
NR, Sec. 8-1203. Moreover, it is illegal to dump raw sewage or
any other waste into these two rivers (for more specific
regulations see Article NR, Sec. B-1201 et seq. for the Severn
and Sec. 8-1301 et seq. for the Patuxent Rivers).

9. Beach Erosion Control District Act

Article NR, Sec. 8-1105.1(a) creates a beach erosion control
district with the following borders: north, the Maryland-
Delaware border; east, the Atlantic Ocean; south the
Maryland-Virginia border; west, approximately the west crest
of the-dunal line for Assateague Island and the State-Ocean
City Building Limit Line for Ocean City. No land clearing,
construction activity, or placement of permanent structures
except erosion control structures within the Beach Erosion
Control District are allowed. Approval by DNR and the appro-
priate soil conservation authority is required for shore
erosion structures, (Article NR, Sec.8-1105.1(b)). This permit
is in addition to any county permit required under the
Sediment Control Law (Article NR, Sec.8-1103, 1104). If
these restrictions are in any specific case ruled a
"taking" of private property, Program Open Space funds
may be used to acquire the lands or property rights in
question.

h. Wetlands

Maryland's wetlands have been divided into two categories--
state owned and privately owned. State wetlands are defined
by Article NR, Sec.9-101(m), as all lands under the navigable
waters of the State below the mean high tide, which are
affected by the regular rise and fall of the tide. The only
exception is that all such wetlands which have been trans-
ferred to private ownership by Maryland are considered
private wetlands to the extent of the property interest
transferred. Private wetlands include all lands not con-
sidered state wetlands which border on or lie beneath tidal
waters which are subject to regular and periodic tidal action
and which support acquatic growth, (Article NR, Sec.9-101(j)).
NR Sec.9-102 provides that it is the public policy of the state
to preserve wetlands and to prevent their despoilation and
destruction while taking into account ecological, economic,
developmental, recreational and aesthetic values.

333

A person may not dredge or fill state wetlands without
obtaining a wetlands license from the Board of Public Works
(Article NR,Sec.9-202(a)). The Secretary of DNR assists the
Board in determining whether to issue a license and such
decisions must take into account the values set forth above
(Article NR,Sec.9-202(c)). The licensing requirements do not
apply to dredging for seafood products by a licensed operator,
harvesting seaweed, approved mosquito control projects or to
improvement of wildlife habitat or agricultural drainage
ditches.

The Water Resources Administration, with the advice and
consent of the Maryland Agricultural Commission, has promul-
gated regulations for any dredging, filling, or other pollut-
ing of private wetlands. (Article NR, Sec.9-302), see
"Order Establishing Wetland Boundaries and Rules and Regu-
lations" (hereinafter, WRA Wetland Regulation)). Except
for certain specified activities, a permit must be
issued by WRA before any dredging, filling, or other polluting
of private wetlands may be undertaken, (Article NR,Sec.9-306(a))
(WRA Wetland Regulation, Sections IV and V). The Water Re-
sources Administration considers the effect of the proposed
work on public health and welfare, marine fisheries, shell-
fisheries, wildlife, economic benefits, the protection of
life and property from flood, hurricane and other natural
disasters, as well as general wetlands public policy, in
issuing a private wetlands permit. The Water Resources
Administration may also attach conditions designed to carry
out the purpose of Maryland's Wetlands laws, (WRA Wetlands
Regulation, Section VI).

Surface Mining Act

The Water Resources Administration also regulates
surface mining of all minerals other than coal. The
1975 Surface Mining Act was enacted in order to minimize
the effects of surface mining on the surrounding environ-
ment (Article NR,Sec.7-6AO2(a)). Section 7-6AO2(a)
specifically recognizes that surface mining is not de-
sireable when there is "an unduly adverse effect on
wildlife or fresh water, estuarine or marine fisheries."
The Act established a fund for reclamation of surface
mine land after mining has ceased (Article NR,Sec.7-6AO4(a)).
The Water Respirces Administration is also authorized to
adopt regulations, although none have been issued to date
as the Act did not take effect until January 1, 1977,
(Article NR, Sec.7-6AO3). After January 1, 1977, a permit
must be obtained from WRA before surface mining activities
may be undertaken (Article NR, Sec.7-6AO7(a)). The Water
Resources Administration has the authority to modify an

334

existing permit after giving notice to the permit holder
and providing opportunity for a hearing if WRA finds that
the conditions of the permit "fail substantially to achieve
the purpose of the Act" (Article NR, Sec. 7-6A17(a)). The
is Water Resources Administration also has the power to suspend
or revoke a permit for a violation of the Act or permit
conditions (Article NR, Sec. 7-6A18(a)).

2. The Energy and Coastal Zone Administration

The Energy and Coastal Zone Administration (E&CZA) was created by an
Act of the Maryland General Assembly in 1976.

The Administration includes the Power Plant Siting Program, the Bureau
of Mines, and the Coastal Zone Unit. The Power Plant Siting Program and Coastal
Zone Unit have the responsibility for the siting of major energy facilities with
great potential impact on coastal waters. The activities of the Bureau of Mines
are confined to the western part of the State, overseeing coal mining and reclama-
tion.

a. Power Plant Siting Program

The Power Plant Siting Program was established to fulfill
three principal functions: (1) the research of issues re-
lated to power plant siting and related environmental and
land use considerations; (2) the evaluation of sites
proposed by electric companies; and (3) the acquisition of
power plant sites for future use.

The Energy and Coastal Zone Administration, in con-
junction with the Department of Health and Mental Hygiene,
and the Public Service Commission, implements a long range
(at least 10 years) power plant site plan. In conjunction
with these two agencies, E&CZA studies potential sites for
possible environmental effects and formulates a preliminary
environmental statement on any proposed site (Article NR,
Sec.3-304). This statement includes (but is not limited to)
the environmental impact at the proposed site, any adverse
environmental effects which cannot be avoided if the proposed
site is accepted, possible alternatives to the proposed site,
and any irreversible and irretrievable commitments of re-
sources which would be involved at the proposed site if
approved. In addition, where appropriate, a discussion of
problems and objections raised by other state and federal
agencies and local entities is included. A plan for moni-
toring environmental effects of the proposed action and
provision for remedial actions if the monitoring reveals
unanticipated environmental effects of significant adverse
consequences is developed. Sites found by E&CZA to be un-
suitable on the basis of the environmental statement, will

335

be deleted from the 10-year power plant site plan unless an
electric company offers substantial evidence to the contrary
(Article NR, Sec. 3-304). The Public Service Commission
bases its licensing of power plants on the 10-year plan
and the environmental statements (Article 78, Sec. 54B).
Sites certified as suitable by DNR are exempted from local
zoning regulations (Article NR, Sec. 3-306.1).

The Department is authorized to acquire sites by agreement
or condemnation (Article NR, Sec.3-305(b)). Acquisition is
based on existing research findings and a site suitability
study which must be completed within two years of the time
the site is identified (Article NR,Sec.3-305(a)). At this
time, the Department has acquired the site, is in the process
of acquiring another and is identifying additional sites on
Maryland's Eastern Shore. Sites may be used on an interim
basis for public recreational facilities and fish and wild-
life refuges (Article NR, Sec.3-305(b)).

b. Coastal Facilities Review Act

The Energy and Coastal zone Administration also has
control over administering the Coastal Facilities Review
Act (CFRA)(Article NR, Sec.5-501 et seq.). Various types of
oil or gas pipelines, intermediate production terminals
or refineries, storage facilities, operations bases, or
fabrication yards for offshore activities (as defined in
Article NR, Sec.6-501(e)) must receive a DNR permit before
construction may begin. The Secretary of DNR designates
an appropriate party to prepare an environmental, economic,
and fiscal statement on the proposed facility to determine
whether to issue the permit (Article NR, Sec.6-506(a)). The
impact evaluation does not proceed until after the local
government certifies all appropriate local approvals will
be granted or until the local government stays its
certification in order to use the results of the completed
impact study.

The Department of Natural Resources also receives advisory
comments from the Secretaries of State Planning, Health and
Mental Hygiene, Agriculture, Economic and Community Develop-
ment and Transportation in the preparation of the statement.
The statement is to include (but is not limited to) an in-
ventory of existing economic and environmental conditions
at the proposed site; a project description of what is to be
constructed, as well as the method and manner of construc-
tion, a complete description of the proposed facility (in-
cluding anticipated size, effluent load, and production

336

levels); an assessment of the probable economic, fiscal,
and environmental impact of the project on the natural en-
vironment of the area; recommendations for minimizing adverse
economic, fiscal, or environmental impacts; an evaluation of
the need for the proposed facility and relative merit of
alternative sites; and in the case of refineries, a description
of the manner of transportation of feed stock and the product
of crude oil (Article NR, Sec.6-506(b)). Before a CFRA permit
is granted, the requirements of all other DNR permits must
be satisfied since the CFRA permit is issued in lieu of
those permits (Article NR, Sec. 6-505). The decision to grant
a permit is based upon a number of factors including whether
the applicant has shown that the facility conforms to the
State's coastal zone management program (Article NR, Sec.
6 -508 (a) (8) ) .

Section 6-502, which sets forth the legislative findings
with respect to the siting of coastal facilities, recognizes
the importance of Maryland's coastal resources, the need to
resolve competing demands upon the coastal area, the need
for adequate planning and the need to consider the national
interests in siting facilities. These policy statements
closely follow the Congressional findings contained in
Section 302 of the federal Coastal Zone Management Act.

3. The Capital Programs Administration

The Capital Programs Administration is responsible for planning and
carrying out the Department's land acquisition and other capital projects such as the
construction of recreational boating channels and facilities, park development, and
shore erosion control projects. The Capital Programs Administration also administers
the State's scenic and wild rivers and wildlands programs.

a. Program Open Space

Program Open Space (Article NR, Sec. 5-901 et seq.) is the
State's land acquisition program for state parks, natural
areas, forests and wildlife management areas. This program
will be discussed below in the section on authority to
acquire interests in land and waters.

b. Wildlands Preservation System

This program, established pursuant to Article NR, Sec.1201,
et seq., will be discussed below in the section on authority
to acquire interests in land and waters.

C. Scenic and Wild Rivers Act

At this time, the Scenic Rivers system includes the Anacosta,
Deer Creek (in Harford County), Monoacacy, Patuxent, Pocomoke,
Potomac (in Montgomery County and Frederick Counties, Severn,

337

Wicomico (in Charles County), and Youghiogheny Rivers, l/
(Article NR, Sec.8-402(a)). The program provides for the wise
management of resources on the land and presentation of their
scenic, agricultural, and wild qualities with development
limited to activities such as fishing, hunting, hiking,
horseback riding, natural and geological interpretation
of scenic appreciation, and other programs enabling the
general public to appreciate and enjoy the value of the
areas as scenic and wild rivers in a setting of natural
solitude, (Article NR, Sec.8-402(b)). An Advisory Scenic
and Wild Rivers Review Board exists for review and recom-
mendation purposes (Article NR, Sec.8-402). Any new designa-
tions of rivers for the program must come from the Maryland
General Assembly (Article NR, Sec.8-402). If any rule or
regulation promulgated by DNR to implement the scenic rivers
program would constitute a taking of a property right without
just compensation, Program Open Space funds may be used to
acquire the area, with the approval of the General Assembly
(Article NR, Sec.8-410).

d. Waterways Improvement Fund

The Waterways Improvement Fund is supported by a boat
title ta x (Article NR, Sec.8-716). The Fund may be used to
construct marine facilities beneficial to the boating
public, improve recreational waterways (clear debris,
dredge channels, establish navigation aids, etc.),
evaluate water-oriented recreation needs, and develop
comprehensive plans for waterway improvements (Article
NR, Sec.8-708). The Department of Natural Resources may
enter into agreements with the federal government, any
municipality or other political subdivision of the State,
or any private agency to share the cost of any development,
construction, or improvement of waterways, or facilities
determined to have beneficial value to the boating public
(Article NR, Sec.8-723(d)).

e. Shore Erosion Control Program

The Shore Erosion Control Program administers a Shore
Erosion Control Construction Loan Fund which provides long-
term interest-free loans to individuals, municipalities
and counties for construction of shore erosion structures.
The fund is maintained by annual appropriations by the
General Assembly, and by repayment of loans through a
special real estate tax levied by the State on private

l/ Portions of the Patuxent, the Pocomoke, the Severn, and the Wicomico are
tidal and fall geographically within the coastal zone.

338

property benefitted by shore erosion control projects
(Article NR, Sec.8-1005). The program establishes funding
priorities for projects based on the rate of erosion,
amount of silt being deposited into the water, public
benefits, and other factors (Article NR, Sec.8-1003). The
program designs and oversees construction and maintenance
of the projects it finances (Article NR, Sec.8-1002). The
program also cooperates with other units of federal, state,
and local government in developing shore erosion control methods
(structural and non-structural) and offers technical assist-
ance to individuals, counties, and municipalities on specific
shore erosion problems, (id.).

4. Maryland Environmental Service

The Maryland Environmental Service established by Article NR, Sec.3-101
et seq. is authorized to designate water supply, wastewater purification and solid
waste disposal service regions and to prepare five year plans for such regions. The
Maryland Environmental Service is not involved in wastewater management planning as
the requirements of the Federal Water Pollution Control Act are being fulfilled by
the Water Resources Administration. The Maryland Environmental Service may also agree
to provide water supply, wastewater treatment and solid waste disposal services to
municipalities and may be required to provide services upon the direction of the
Secretary of Health and Mental Hygiene (Article NR, Sec.3-110). The Service is auth-
orized to sell revenue bonds in order to finance the services it is authorized to
provide (Article NR, Sec.3-113).

5. Maryland Geological Survey -- Division of Archeology

The duties of the Division of Archeology are to protect and encourage the
preservation of prehistoric and historic sites located on privately owned lands in
the State (Article NR, Sec.2-303). The Geological Survey must issue a permit before
any excavation, appropriation, injury, or destruction may take place on a state-owned
archeological site (Article NR, Sec.2-305). The Survey may promulgate regulations
for the preservation of archeological sites and objects (Article NR, Sec.2-307).

6. The Wildlife Administration

The wildlife Administration is the unit of DNR that carries out the Secre-
tary's responsibilities "...for conservation and management of wildlife and wildlife
responsibilities of the state." (Article NR,Sec.10-202). The Wildlife Administration
has broad authority to regulate hunting (see Article NR, Title 10, subtitles 3, 4, 5,
6, and 7). The Wildlife Administration is responsible for carrying out the State's
migratory bird law, the State's endangered species law, and for managing wildlife
areas.

339

a. Migratory Bird Law

Except for unprotected birds and game birds hunted during
open season, a person may not hunt, destroy, or possess a
wild bird, whether it is killed in Maryland, or elsewhere
(Article NR, Sec.10-401). Taking of wild and migratory bird
nests is also prohibited (Article NR, Sec.10-402).

b. Non-Game and Endangered Species Conservation Act

The State endangered species law recognizes the federal
act but the State has additional responsibility to protect
non-game and endangered wildlife within its own borders.
Hunting, possessing or selling of endangered species
is prohibited (Article NR, Sec. 10-2AO5(c)). The fine
for violation is $1,000 (Article NR, Sec. 10-2AO7). The
Secretary of DNR is instructed to conduct research on
endangered species of wildlife, and to use land acquisition
and other authorities to carry out a program for conserving,
protecting, restoring, and propagating selected endangered
wildlife species (Article NR, Sec.10-2AO6).

C. Wildlife Management Areas

Wildlife Management Areas will be discussed below in the section
on authorities to acquire interest in land and waters.

7. Fisheries Administration

The Fisheries Administration is responsible for the conservation and
management of fish, fisheries, fish resources, and aquatic life within the State
(Article NR, Sec. 4-202). The Natural Resources Article provides comprehensive
controls over sport fishing and commerical fishing. See Title 4, subtitles 7, 8,
9, and 10. Subtitle 11 authorizes a program of oyster and clam culture, including
regulation or private culture, seeding and transplanting of oysters on public oyster
bars, and closure of oyster bars for health purposes. Other laws include the En-
dangered Species of Fish Conservation Act. (Article NR, Sec. 4-2AO1 et seq.), which
is the parallel to the State Endangered Wildlife Act, and authorization to acquire
and control use of state fish refuges (Article NR, Sec. 4-401 et seq.).

8. Forest Service

The Forest Service carries out DNR's responsibility to manage state-owned
forests, and encourages sound management of privately owned forests (Article NR,
Sec.5-201, 5-602, 5-603).

a. Woodland Conservation Areas

Landowners may contract with DNR to have their land placed
within the forest conservation and management program. For
the duration of the contract, the tax assessment valuation

340

of the land may not be increased. The landowner must abide
by the guidelines of the program designed to best manage
forest areas and protect watersheds (Article NR, Sec.5-301 et
seq.).

b. Forest Conservancy Districts

The State has been divided into forest districts. Each
district has a forestry board with members appointed from
the area by DNR. The purpose of the districts is to make
forestry expertise available to landowners, promote good
forestry practices, and assist in watershed management
practices. To that end, forestry boards develop compre-
hensive forest management plans, and may enforce DNR rules
and regulations, recommend new rules and regulations, and
promulgate "safeguards" for proper forest land use (Article
NR, Sec.5-601 et seq.).

C. Roadside Tree Program

The Department is authorized to plant trees along road-
sides, regulate the care of roadside trees, and establish
nurseries for the propagation of roadside trees (Article
NR, Sec.5-406).

9. Park Service

The Park Service manages state-owned parks, scenic preserves, natural
areas, parkways, and historic monuments. The Department may acquire such areas
by condemnation, purchase or gift (Article NR, Sec. 5-207, 5-208).

10. State Boat Act

The State Boat Act, (Article NR, Sec. 8-701 et seq.) gives DNR authority
to regulate boating activity on the waters of the State. Regulations promulgated
pursuant to the Act concern safe recreational use of Maryland's waters including
speed restrictions, rules of the road, safety equipment requirements and noise limits
for pleasure craft. (DNR Regulation 08.04.04).

11. Interstate Compacts and Commissions

The Secretary of DNR is required by the Natural Resources Article to:

... take every necessary step to enact appropriate inter-
governmental agreements with other states to preserve the
optimal state of the Chesapeake Bay through organization
of an interstate body to plan, manage, coordinate, and
enforce the proper use of the Chesapeake Bay so every
user of the bay area can obtain maximum advantage of the
bay. (Article NR, Sec. 8-204).

The Secretary is also authorized to enter into agreement with other states in order
to coordinate fisheries management programs (Article NR, Sec. 4-205).

341

The Department represents the State of Maryland on the following inter-
st,ate commissions: The Susquehanna River Basin Commission, the Potomac River
Fisheries Commission, and the Atlartic States Marine Fisher 4es Commission (Article
NR, Sec. 1-102)

a. Susquehanna River Basin Commission

The Susquehanna River Basin Commission (SRBS) was formed
to "conserve, utilize, develop, manage, and control the
water resources of the Susquehanna River Basin under com-
prehensive, multiple purpose planning...". The Commission
consists of the designee of the President of the United
States and the designees of the Governors of New York,
Pennsylvania and Maryland. (Maryland's designee is the
Assistant Secretary of Natural Resources for Environmental
Matters.) The Commission has the authority to develop
a comprehensive plan and manage the water resources of
the basin on the basis of that plan. The Commission's
powers include approval or disapproval of any projects
which cross state boundaries, involve the diversion of
water, have significant impact on the resources of another
state, or are part of the comprehensive plan (SRB Compact,
Article 3.10.2).

The jurisdiction of the Commission is so defined that it
ends near the upper tidal limit of the Susquehanna River
and thus largely falls geographically outside the coastal
zone of Maryland. However, as the Susquehanna is the major
source of fresh water for the upper bay, actions of the
Commission on upstream uses may have very direct and sig-
nificant impacts on the Chesapeake Bay. The Compact recog-
nizes this fact:

The comprehensive plan shall take into considera-
tion the effect of the plan or any part thereof
upon the receiving waters of Chesapeake Bay.
(SRB Compact, Art. 14.1)

The comprehensive plan does include this consideration.
The predominant interest of the State of Maryland and its
Coastal Zone Management Program in the management of the
Susquehanna River Basin is the impact of the utilization
of the basin's water resources on the Chesapeake Bay, and
this is the interest represented by Maryland's member
of the Commission (who represents one out of four votes).

b. The Potomac River Fisheries Commission

The Commission was formed to further the vital interest
of Maryland and Virginia in "...conserving and improving
the valuable fishery resources of the tidal river portion

342

of the Potomac River." (Article NR, Sec.4-306 Potomac River
Compact of 1958; Preamble). The Commission consists of
six members, three from each state (id., Article I Sec. 2).
The Commission has the authority to make regulations con-
cerning the taking of fish and shellfish from the Potomac
River, and to license fishermen and shellfish harvesters
who use the river (id., Art. III, Sec.4). Regulations are
enforced by law enforcement agencies and offices of both
states (id., Art. V, Sec. 1). The laws of Maryland per-
taining to fish and shellfish remain in effect except to
the extent modified by the Commission's regulations (id.,
Art. VII, Sec. 2).

C. Atlantic States Marine Fisheries Commission

The purpose of the Atlantic States Marine Fisheries
Compact is to:

...promote the better utilization of the
fisheries, marine, shell and anadromous,
of the Atlantic seaboard by the development
of a joint program for the promotion and
protection of the fisheries industry, and
by the prevention of the physical waste of
fisheries (Article NR, Sec.4-301); Atlantic
States Marine Fisheries Compact, Art. I).

C. The Department of State Planning

The Department of State Planning (DSP) functions as the State's principal
planning department and serves as an advisory, consultive, and coordinative agency
to all state and local agencies with regard to state planning matters (Article 88C,
Section 1). While DSP powers are largely advisory, it has many responsibilities
which give it great influence on a variety of state and local government activities.
It uses its advisory influence to produce a balanced and integrated program for the
development and effective employment of the State's natural and other resources.

The Department of State Planning is responsible for preparation of the
State's Capital Budget. It reviews all capital improvements proposals by all de-
partments for inclusion in the State Capital Budget. It also assists all depart-
ments in preparation of short- and long-term capital improvement plans. The Depart-
ment also administers the A-95 Clearinghouse, establishes official population
projections and develops the Maryland Automated Geographic Information System (MAGI).

Another function of DSP is to assist the E&CZA and the Department of
Health and Mental Hygiene in publishing a biennial Maryland electric power plant
environmental impact statement. The Department of State Planning is required to
prepare a special section on the question of growth related factors which could
necessitate development of a site in the 10-year Power Plant Siting Program,
(Article NR, Sec. 3-304).

343

The Department of State Planning also gives its recommendations to the
entity designated by the Secretary of DNR to prepare an economic, fiscal and en-
vironmental impact statement for a Coastal Facilities Review Act permit, (Article is
NR, Sec. 6-506).

Two programs, detailed below, are of major significance to the Coastal
Zone Management Program.

1. State Critical Areas Program

The Department of State Planning has the authority to designate areas
of critical state concern (Article 88C, Section 2(b)(3)). The role of local govern-
ments is to recommend to DSP areas which should be included under DSP's critical
area. designation, to suggest what management measures should be taken to implement
the designation, and to implement critical area recommendations once DSP has desig-
nated a critical area, (DSP Regulation 16.00.02.12(A)). This program, and its rela-
tionship to the Geographic Area of Particular Concern element of the Coastal Zone
Management Program are fully explained in Chapter IV.

2. Intervention

Article 88C, Section 2 provides that the Department of State Planning shall:

Have the right and authority to intervene in and become a
party to any administrative, judicial, or other proceeding
in this State concerning land use, development or construc-
tion. Upon intervention, the Department shall have standing
and all rights of a party in interest or aggrieved party,
including all rights to apply for judicial review and appeal.
In addition, it may file a forrhal statement of environmental
or economic impact expressing the views of the Department and
any other unit of the State government.

Pursuant to this authority, the Department of State Planning (the Department) has
promulgated "Standards for Intervention in Land Use Procedures." See Section
16.00.03 of the Code of Maryland Regulations (Appendix E). The Department has also
entered into a memorandum of agreement with the Department of Natural Resources
governing participation of the two Departments in the Coastal Zone Program (See
Appendix H).

The Department's intervention authority will be used to assure that the
goals and objectives of the Coastal Zone Program will be accomplished. This dis-
cussion will be directed principally to the nature, extent and effect of the authority
of the Department in land use proceedings of local governments. The intervention
authority also extends to participation in decisions of units of State government,
but it is believed that this interdepartmental aspect has been adequately encom-
passed in the design of the Coastal Zone Program itself (See Chapter I).

The intervention program must be discussed in the context of the authority
of the State to control local land use decisions. Land use decisions are an exercise
of the police powers and, therefore, must be made according to legislative authority
and procedural standards which afford the property owner and other aggrieved parties
due Process of law, including the right to contest land use decisions. The inter-
vention authority does not abrogate the system of legislative and administrative
standards which govern planning and land use regulation in Maryland. 0

344

In Maryland local governments exercise a system of planning and develop-
ment controls devised directly from the model acts promulgated by the United States
Department of Commerce in the 1920's, "A Standard State zoning Enabling Act" and
A Standard City Planning Enabling Act". While some local governments, i.e., charter
counties, no longer derive their planning and regulatory power from the provisions
set forth in Article 66B of the Annotated Code, all local governments exercise
basically the same system of planning and regulatory authority and are subject to the
same legal standards.

The fundamental basis of Maryland planning and regulation is the compre-
hensive plan. This is described in Section 3.05 of Article 66B, and all local govern-
ments, whether they operate pursuant to Article 66B or not, have a plan which contains
the elements described in Article 66B.

The plan includes the proposed development programs of the local government.
Many of these programs, including water and sewer plans, are subject to state approval.
The plan serves as a basis for the zoning regulations adopted by the local government
as specified by Section 4.03 of Article 66B. In charter counties, which are not sub-
ject to Article 66B, this is required by county charters and case law. Other forms
of land use regulation including zoning maps, granting of special exceptions and vari-
ances, and the regulation of subdivisions, must also be exercised consistently with
the comprehensive plan.

While the basic structure of local planning and regulation in Maryland is
similar to that which exist in other States, there are three distinctive features.
First, all major local governments in Maryland exercise planning and land use
regulatory authority. The only exceptions are some very small municipalities,
generally with a population of only several hundred, which are zoned by the sur-
rounding county. In fact, virtually all local governments are in their second
generation of plans and land use regulations, and many are embarking upon a third
generation.

Second, a very simple system of local government exists in the State. The
23 counties and the City of Baltimore exercise planning and land use regulation
powers over approximately 92% of the State's population. The 151 municipalities,
regulate approximately 8% of the State's population. This situation is in marked
contrast to that which exists in most of the other States where a fundamental land-
use problem is the "Balkanization" of authority among hundreds or even thousands
of local governments.

The third distinctive feature of Maryland is the rule of "change or mistake"
applicable to all local governments in the State. The change or mistake rule
provides that a local government may not change the zoning of an individual piece
of property unless there has been a substantial change in the character of the
neighborhood or a technical mistake was made in the original zoning. See, for
example, Pattey v. Board of County CommIrs., 271 Md. 352 (1974). The rule developed
before the era of comprehensive planning, and applies to the text of the zoning
ordinance and the map of zoning districts. Today, local governments must base
zoning maps on a comprehensive plan, so that the rule has the effect of imparting
legal force to the comprehensive plan itself. The change or mistake rule derives
from a perception of the original or comprehensive zoning as the embodiment of a

345

long-range plan of development which is legislative in form. See, for example,
N.W. merchants Terminal v. O'Rourke, 191 Md. 171 (1948). Stringent enforcement
of the change or mistake rule can prevent the original zoning map from being
amended. without the establishment of a new plan.

With this strong system of comprehensive planning and land use regula-
tion in place, the Maryland General Assembly in 1974 enacted the intervention
authority. The State chose to enhance the existing system by asserting the State's
interest in local land use decisions. As a result, local government land use
decisions must reflect state-wide policies, because consideration of these policies
becomes a basis for the decision. Examples of how state participation will ensure
the accomplishment of state coastal zone policies will be described through a series
of hypothetical situations in which DSP might intervene.

SITUATION ONE: LOCAL LAND USE DECISIONS AFFECTING AREAS OF CRITICAL
STATE CONCERN

The State Critical Areas Program is explained in detail in Chapter IV. The pro-
gram involves the designation of critical areas and the approval of management plans
by the Department of State Planning following recommendations by local government.
After designation, areas will be incorporated into local comprehensive plans. Area
management may be a state or local responsibility or a combination of the two. if
management is a local responsibility, as will often be the case, intervention will be
used to respond to local actions which do not conform to the approved management
plan. The Departments of State Planning and Natural Resources have agreed that some
critical areas will be included as Geographical Areas of Particular Concern.

It is anticipated that the Department of State Planning will not have to use
the intervention authority to ensure proper management of Areas of Critical State
Concern. Department of State Planning guidelines, Section 16.00.02.13(B) and
16.00.03.04(C) provide that Department will not, as a general policy, intervene in
these critical areas if the Department finds that the local regulations or manage-
ment measures will achieve management or regulation of the critical areas in a
manner which is consistent with the inherent characteristics which supported their
designation. The guidelines note that there may be unusual or extraordinary circum-
stances which would require intervention and that the Department is not limited
from participating in any particular proceeding.

If a local jurisdiction did not adopt sufficient regulations to carry out a
management program or proposed to make regulatory decisions which would not be sup-
ported by the management program, intervention would provide a powerful tool. Ad-
ministrative intervention would be for the purpose of establishing that proposed
regulations or other management techniques were not sufficient to carry out the
approved management plan or that particular land use decision was not in accord with
the management plan for the critical area. If the intervention action were to
proceed to judicial review of proposed regulations or of a land use decision, the
basis for review would be the arbitrary and capricious standard. New land use
regulations would have to be "in accord with a comprehensive plan" and reflect desig-
nated critical areas. In the case of a designated Areas of Critical State Concern,
the geographical delineation of the area, the purpose for designation, and the uses
which were compatible with the designation would be spelled out in the comprehensive
plan. Accordingly, the plan would offer a clear basis for review of the regulations.
A local. government would not be able to arbitrarily or capriciously fail to uphold
a management program.

346

SITUATION TWO: ZONING CHANGE OR ZONING MAP AMENDMENT

In many cases a zoning change is necessary before major development may
take place. These situations would be of concern to the Coastal Zone Management
Program if they involve development having potential adverse impacts on coastal
resouces. Whenever a spot rezoning of this sort is proposed, however, the Depart-
ment of State Planning can ensure a very close analysis of its validity by making
the change or mistake rule as discussed above.

As long as zoning is based on adequate comprehensive plan, it is presumed to
be valid. Local government will not be able to rezone individual tracts, an action
which may be a prerequisite to major developments, unless there was either a factual
error in the original zoning or the character of the area has changed so drastically
as to render the original zoning invalid.

The fact that the Department of State Planning participates at the administra-
tive level to offer testimony on the lack of a change or mistake will in most in-
stances be sufficient to cause the application to be rejected.

SITUATION THREE: USE OF SPECIAL EXCEPTIONS AND FLOATING ZONES

A special exception is a use deemed to be compatible with the other uses of
the zone in which it may be located. Special exceptions uses, along with the
criteria for their approval, are generally listed in the zoning ordinance, in
addition to the uses automatically permitted in a particular zone. A local govern-
ment may not deny a special exception unless a particular adverse impact would
be caused by the exception. The same legal rules apply to floating zones which
are special use districts or undetermined location. Like a special exception, the
special use is deemed to be compatible but may be located at a particular spot
only after local government review and approval of the kind, location, size and
form of structures to be built. Of concern to the Coastal Zone Management Program
would be the situation in which a new town, planned unit development, light
industrial complex, or other such use which is allowed as a floating zone might
be inappropriately sited so as to cause or induce adverse impacts on coastal
resources.

The legal requirements for approval of floating zones, however, includes sub-
mission of a detailed site plan for review by the local government. The purpose of
the review is to ensure that the special exception or floating zone meets any
specific criteria included in the zoning ordinance (these are often extensive) and
also that it will not adversely affect adjacent property and/or persons. The
standard of "no adverse affect" is basic to the approval of special exceptions and
floating zones.

The Department of State Planning has the opportunity to intervene either ad-
ministratively or judicially in the approval of a special exception or a floating
zone, if the development in question is inappropriate or will be inconsistent with
the Coastal Zone Management Program. For example, if the Department can show that
there will be degradation of an adjacent marsh or undue strain on existing public
facilities, the local government will not be able to make a legitimate finding of
no adverse affect and not be able to approve the special exception or floating
zone. If the local government did approve a development with identifiable adverse
affect, the decision would be subject to reversal through the courts.

347

SITUATION FOUR: COMPREHENSIVE REZONING BASED ON ORIGINAL OR NEW
COMPREHENSIVE PLAN

The change of zoning which occurs through a comprehensive rezoning applies
to an entire county or to an entire planning district within the county. It is
not subject to the change or mistake rule. A local government which can not make
zoning changes, due to the rule, can wipe the slate clean and produce a new zoning
map for an entire county or district. The concern with comprehensive rezoning
is -that it may allow for a degree of development which might prove inconsistent
with the Coastal Zone Management Program. A comprehensive rezoning must, however,
be "in accord with a comprehensive plan", just as must the original zoning. If
the comprehensive rezoning is not within the bounds of the county's planned
pattern of development as envisioned by the current comprehensive plan, a new
comprehensive plan would have to be developed first.

The Department of State Planning reviews both comprehensive plans and compre-
hensive rezonings and may intervene on the proceedings leading to their adoption.
Comprehensive plans are reviewed by Department of State Planning to ensure that:

- all necessary elements of a plan are included and adequately
addressed (these include: (1) a statement of goals, objectives,
principles, policies and standards, (2) a land use plan element,
(3) a transportation plan element, (4) a community facilities
plan element, and (5) recommendations for regulations to imple-
ment the plan (Article 66B, Section 3.05(a) (1970)).

- The plan is consistent with State plans, policies, standards, and goals.

- The population projections on which the plan is based are valid.

- Other data on which the plan is based is current and valid.

- The policies expressed in the plan are supported by the data provided.

- The plan proposes adequate means of implementation.

The adoption of a comprehensive plan requires a resolution by the local legis-
lative body after public hearings. If the Department of State Planning takes issue
with any portion of the comprehensive plan, it will intervene before the adoption
of the plan to recommend changes. Administrative review should be a persuasive
too]. due to the State's influence over development through such mechanisms as fund-
ing and approval of schools, transportation systems, water and sewage plans, and
recreational facilities. Adoption of a plan is a legislative action and, therefore,
if a plan meets the requirements of Article 66B it would not be subject to judicial
challenge.

Comprehensive rezoning is also a legislative action and there is a strong
presumption in favor of its validity. New zoning would be subject to appeal if
it can be shown that (1) the rezoning is incompatible and unsupported by a com-
prehensive plan; or (2) does not promote, the public health, safety and welfare;
or (3) the rezoning is arbitrary and capricious.

348

SITUATION FIVE: DEVELOPMENT ALLOWED BY EXISTING INAPPROPRIATE ZONING

Existing zoning may allow for a major development to take place which, because
of its location, would have an adverse affect on coastal resources in a manner
inconsistent with the Coastal Zone Management Program. As stated above, this
situation will be relatively rare, as most developments of significant size would
require some discretionary regulatory action by the local government. When it
does occur, however, intervention can probably not be used as a tool to cause
denial of approval of the proposed development. However, it is hardly a situation
in which the State has no influence or one for which no constraints exists.

Intervention in this situation would apply to all local approvals in which the
design of the proposed development were considered. These would include, for
example, subdivision approvals, building permits, grading and sediment control
permits, and approval of individual water supply or sewage treatment systems (i.e.,
wells, septic tanks). In addition, any development will be subject to the con-
siderable development constraints imposed by state regulations and standards
discussed above. As shown in the Otter Point Creek intervention example (see
Appendix E) intervention can lead to extensive changes in the design of develop-
ments to prevent offsite impacts, even if the development is allowed by the current
zoning.

Where the zoning of a particular land area is shown to be inappropriate - that
is, where experience or scientific study since the time of the original zoning
have shown that the uses allowed by the original zoning will create adverse social
economic or environmental affects - the Department may wish to encourage rezoning
of particular parcels or an entire district. In this situation the Department would
be able to intervene in individual land use decisions to document the desirability
of a rezoning. A mistake sufficient to authorize a change can be established if
the assumptions on which a particular use was predicated prove, with the passage
of time, to be erroneous, White v. Board of Appeals, 219 Md. 136r 148 A.2d. 420
(1959). As noted above, however, such a mistake allows, but does not require, a
rezoning (for either an individual parcel or an entire district). In this situation,
the State would, again, rely on state regulations and standards if the local govern-
ment failed to take action.

This analysis demonstrates that the Department of State Planning's intervention
authority will be a useful tool in ensuring that local land use decisions are con-
sistent with Maryland's coastal zone management program. It is important to note,
however, that Maryland is not relying upon intervention in order to meet the require-
ments of the federal legislation. Maryland recognizes that intervention does not
give the State direct authority to approve or disapprove local decisions, and,
therefore, probably does not comply with the requirements of Section 306(e)(C) of
the federal act. Nevertheless, intervention will be important to the success of
Maryland's program.

349

El. The Department of Health and Mental Hygiene

The Department of Health and Mental Hygiene (DHMH), has an wide range
of responsibilities. The responsibilities of DHMH which pertain to coastal zone
management are, however, located within one administration of DHMH - the Environ-
mental Health Administration.

The Environmental Health Administration (EHA) shares responsibility
for the State's water quality with WRA. The Environmental Health Administration
administers sewage treatment facility construction grants authorized by the Federal
Water Pollution Control Act and the State's sewage treatment construction funds in
conjunction with DNR and DSP. It is responsible for overseeing the county water
and sewerage facilities and permitting the construction of both water and sewage
treatment facilities as well as individual additions to water and sewerage systems.

The Environmental Health Administration is also responsible for the
State's shellfish sanitation program and determines when certain arez@s should be
closed. The Department of Natural Resources then enforces the closures. Addition-
ally, EHA is responsible for air and noise regulations.

1. Water Supply, Sewerage, and Solid Waste Disposal Plans

All counties are required by DHMH to develop a county plan demonstrating
how present and anticipated water supply and sewerage needs can best be met in a
manner consistent with the use and enhancement of Maryland's water quality (Article
43, Section 387C(b), DHMH Regulation 10.03.26.08). The regulation requires plan
objectives to guide Maryland's water supply-sewerage system development consistently
with the State's population growth and economic development. No community water
supply or sewage treatment system or individual water supply or sewage treatment
system may be installed or extended in any geographic area unless these facilities
are in accord with the county plan, (Article 43, Section 387C(d)(3); DHMH regulation
10.03.26.13). The county must submit "timely and adequate" annual reports to DHMH
on its overall water-sewerage plan. If such reports are not filed by the county,
then DHMH is authorized to.withhold county construction permits until such review
is accomplished, (Article 43, Section 387C (d)(5)). The Department of Health and
Mental Hygiene must seek an advisory opinion from the DNR and DSP before giving
final approval to any county plan (Id.) at (c)(1)(viii)).

The Environmental Health Administration grants permits to construct
sewage treatment plants (Article 43, Section 394(a)). Permit applications are re-
viewed only after the discharge limitations have been set by WRA. The point of
discharge and level of treatment must be consistent with both the county water and
sewerage plan and the State River Basin Plan.

The Environmental Health Administration has promulgated regulations
which set standards on design and placement of individual (i.e., single home) water
and sewerage systems. The regulations contain criteria relating to soil, type, lot
size, and distance from waters used for drinking, contact, recreationf or shellfish
.growing (DHMH Regulations 10.02.27, 10.03.28).

350

2 Air Quality

The Department of Health and Mental Hygiene has the jurisdiction to
regulate emissions into the air and ambient air quality standards, (Article 43,
Section 690(b)). The Department of Health and Mental Hygiene requires permits
for machines discharging emissions into the air, (although an exception is made
for transportation vehicles and a special type of boiler used for farm or domes-
tic purposes and electric company generating stations constructed after July 1,
1971), (Article 43, Section 706). Installation is defined generally as any
article, machine, equipment or other contrivance or construction capable of
generating, causing, or reducing emissions, (DHMH Regulation 10.03.35(T)).

3. Noise Control

The Department of Health and Mental Hygiene has responsibility for estab-
lishing ambient noise standards and promulgating regulations for their enforcement,
(Article 43, Section 825). Regulations have been promulgated for the implementation
of noise standards (DHMH Regulation 10.03.45).

E. The Department of Economic and Community Development

The Department of Economic and Community Development has a major role
in establishing the State Development Plan. The State Development Plan is mandated
in Article 88C and is the responsibility of the DSP. The two departments have de-
veloped a memorandum of understanding which clarifies their roles in developing the
plan.

The Department consists of three major divisions: (1) Business and
Industrial Development, (2) Housing Development, and (3) Cultural Development.

The Division of Business and Industrial Development is responsible for
three programs that encourage industrial development: The Maryland Industrial Land
Loan Program; Industrial Buildings for Counties and Municipalities; and the Maryland
Industrial Financing Authority (which operates semi-autonomously). "Industrial
Development" is defined somewhat differently by each program. The division also is
responsible for assisting local governments in applying for, receiving and administer-
ing federal funds available through the Economic Development Administration.

The Cultural Development Division includes the Maryland Historical Trust,
which will participate in implementation of the Coastal Zone Management Program
objectives pertaining to historic and archeologic site preservation.

1. Maryland Industrial Land Act

The Maryland Industrial Land Act identifies a need to acquire potential
sites for industrial use and to preserve such lands for future use (Article 41, Sec-
tion 439(b)). The Secretary of Economic and Community Development may approve loans
to local governments for industrial land acquisition, based on the suitability of
the land for industrial use, the industry it is suited to, the likelihood of indus-
try locating at the site, and the compliance of the expected use with zoning, sani-
tary, and other regulations applicable to the site, (Article 41, Section 440(a)).
Loans may cover up to $500,000 (Article 41, Section 440(b)). The borrowing sub-
division cannot sell or lease the land for purposes other than industrial growth
0

351

and the Secretary may enjoin any sale or lease he finds inconsistent with this
law (Article 41, Section 440(d)(1)). In addition to land acquisition funds,
the Secretary may approve loans for engineering and planning studies of potential
industrial sites (Article 41, Section 440(f)).

Loans up to $750,000 are also available for industrial park planning
and development. Funds can be used for planning and/or engineering costs, land
acquisition, water and sewer service and other utilities, access lighting, rail
spurs, costs unique to a specialized industrial park, site preparation, and re-
habilitation of existing building (Article 41, Section 441).

For the purposes of this act, the General Assembly created an Industrial
Land Loan of $6,000,000 (Article 41, Section 445). Interest and repayment of princi-
pal of loans to local governments replenish this fund (Article 41, Section 446).

2. Industrial Buildings for Counties and Municipalities

The Industrial Buildings for Counties and Municipalities Act sets up a
program of local acquisition of industrial land and buildings:

... to relieve conditions of unemployment in this State
to encourage the increase of industry and a balanced
economy in this State, to assist in the retention of
existing industry in this State through the control,
reduction or abatement of pollution to the environment,
to promote economic development to protect natural
resources, and in this manner to promote the health,
welfare and safety of the residents of each of the
counties and municipalities of the State. (Article 41,
Section 266B)

Industrial lands and buildings are defined as any buildings or structures
suitable for use as a factory, mill, shop, research and development facility, ware-
house, assembly or fabricating plantr or office building related to these uses (Ar-
ticle 41, Section 266A). This act authorizes counties to borrow money by issuing
revenue bonds to acquire industrial buildings (for factory, mill shop, processing
plant, fabricating plant, offices, or necessary or useful machinery and equipment,
port. facility and pollution control facilities) to be leased or sold back to in-
dustrial concerns. The bonds and interest thereon are exempt from state and local
taxes (Article 41, Section 266C).

3. Maryland Industrial Financing Authority

The Authority is a semi-autonomous instrumentality of the Department of
Economic and Community Development whose members are appointed by the Governor. The
State Treasurer or Comptroller and the Secretary of Economic and Community Develop-
ment. are ex officio members (Article 41, Section 266M). The Authority, subject to
the authority of the Secretary and other laws of Maryland, ensures the payment of
mortgage loans secured by industrial projects up to a limit of $60,000,000 (Article
41, Section 266T), for the purpose of encouraging industries to locate in, and dis-
couraging industries from relocating out of the State (Article 41, 2660).

352

Counties are empowered to borrow money and execute mortgages as
security to defray the costs of acquiring an industrial project, without pledging
their full faith and credit. If counties act as mortgagors, the interest on the
mortgage is exempt from state and local taxes (Article 41, Section 266W).

F. Maryland Historical Trust

The purpose of the Trust is to preserve and maintain historical,
aesthetic, and cultural properties, buildings, and fixtures pertaining to Mary-
land's early history, (Article 41, Section 181A). The Trust has funding to accom-
plish this purpose (Article 41, Section 1811). The Trust assists local Historic
District Commission in their historic zoning functions enabled by Article 66B,
Section 8.01 to 8.13.

The authority of the Trust to acquire interests in real property will
be discussed below.

G. The Department of Transportation

The Maryland Department of Transportation (MDOT) has within its juris-
diction two administrations which carry out major activities in the coastal zone.
The State Highway Administration (SHA) is responsible for the State's primary road
system and has extensive long-range highway planning responsibilities. It should
be noted that all construction of highways by SHA requires grading and sediment
control approval from WRA, as well as other permits involved in bridge or other
stream bed alterations or wetlands filling. Another unit of MDOT is the Maryland
Port Administration (MPA) which is involved in the promotion and maintenance of
the Port of Baltimore and development of other small port facilities in the State.
Again, port development activities supported by MPA which involve dredging or
filling require wetlands licenses and/or permits.

The Maryland Port Administration was created for the purpose of improving
existing port facilities and creating new port facilities when the public interest
so requires (Article 62B, Section 1). The Maryland Port Administration has Juris-
diction in, adjoining, or in the vicinity of any of the navigable waters of Maryland
(except in Queen Anne's County and only within certain geographic limits in Calvert,
Charles, and St. Mary's Counties (Article 62B, Section 2). It has the authority in
Baltimore Harbor to dispose of waste matter other than oil collected from commercial
vessels (Article 62B, Section 5A). The Maryland Port Administration also has the
power to establish lines beyond which no piers, bulkheads, wharves, pilings, struc-
tures, obstructions, or extensions of any character may be erected (Article 62A,
Section 5(q)). It may also establish regulations to prevent any material from
being deposited in or placed where it may fall or be washed into any navigable waters.

The Maryland Port Administration issues permits for construction within
the waters of Baltimore Harbor. For minor projects, this is accomplished by a simple
letter of permission. While MPA has no authority to enforce these permits, they will
overlap in jurisdiction with the State wetland license and the U.S. Army Corps of
Engineers permits for construction in navigable waters. The Maryland Port Administra-
tion generally responds to the Corps of Engineers' public notice, and MPA concerns
(which are of a navigational nature) are generally incorporated in the Corps' permit.
The major purpose of the MPA permit is to allow MPA to keep an accurate site-specific
inventory of construction going on in the Harbor Area.

353

The Maryland Port Administration works together with the Water Re-
sources Administration's Enforcement Division in the enforcement of oil spill
laws and in the Oil Spill Disastei Cleanup, Containment and Contingency Program.
The Maryland Port Administration is responsible for the cleanup of spills occur-
ing within its jursidiction.

H. The Department of Agriculture

The Secretary of Agriculture has general supervision, direction, and
control @of the provisions of the Agricultural laws and "...generally of all matters
in any way relating to the fostering, protection and development of the agricultural
interest of the State." (Article AG, Sec. 2-104). The important functions of the
Department of Agriculture in coastal zone management include the regulation of
pesticides, the preservation of productive agricultural land, and management of soil
erosion problems.

1. Pesticide Regulation

The Secretary of Agriculture has overall authority for administering
the pesticide program under Article AG, Section 5-102(a). The Secretary of Agri-
culture 'has authority to implement pesticide regulations under Article AG, Section
5-104(a), and has power to remove from sale any pesticide which has been found to
contaminate the environment by federal or state authorities (Article AG, Section
5-108). The Secretary's authority includes licensing of pesticide applicators, and
establishment of standards on use, storage, and transfer of pesticides (Article AG,
Section 5-210). The Department of Agriculture is also to participate in the im-
plementation of-the Hazardous Substances Act (Article NR, Sec.8-1413.2), and is
represented on the Hazardous Substances Disposal Advisory Council.

2. Agricultural Land Preservation Foundation

This program will be dicussed below in the section on acquisition of
interests in land and waters.

3. Soil Conservation District Act

Each county has a soil conservation district (Article AG, Section 8-201).
The district commissions consists of five Soil Conservation District supervisors,
appointed by the State Soil Conservation Committee. A soil conservationist is
assigned to the district by the U. S. Soil Conservation Service.

In addition to the assistance given to farmers in developing conserva-
tion plans for their farms, the districts may adopt and use regulations subject to
the Secretary of Agriculture's approval, to help conserve soil, water, other natural
resources, and wildlife (Article AG, Section 8-205). At present, however, districts
have found it necessary only to adopt advisory guidelines. The districts are antici-
pated to play a major role in the implementation of Phasa II Water Quality Plans
(non-point source pollution planning pursuant to Section 208 of the federal Water
Pollution Act of 1972).

The districts also approve or disapprove plans for cleaning, grading,
transporting, or otherwise distributing soil pursuant to Article NR, Sec.8-1104(A),
Article AG, Section 8-306(a)(17). The appropriate soil conservation district's
approval is a necessary prerequisite to the county or state grading permit that is
required, (see DNR - Water Resources Administration, (f) Sedimentation Control on
Page of this chapter).

354

The Maryland Port Administration works together with the Water Re-
sources Administration's Enforcement Division in the enforcement of oil spill
laws and in the Oil Spill Disaster Cleanup, Containment and Contingency Program.
The Maryland Port Administration is responsible for the cleanup of spills occur-
ing within its jursidiction.

H. The Department of Agriculture

The Secretary of Agriculture has general supervision, direction, and
control of the provisions of the Agricultural laws and "...generally of all matters
in any way relating to the fostering, protection and development of the agricultural
interest of the State." (Article AG, Sec. 2-104). The important functions of the
Department of Agriculture in coastal zone management include the regulation of
pesticides, the preservation of productive agricultural land, and management of soil
erosion problems.

1. Pesticide Regulation

The Secretary of Agriculture has overall authority for administering
the pesticide program under Article AG, Section 5-102(a). The Secretary of Agri-
culture has authority to implement pesticide regulations under Article AG, Section
5-104(a), and has power to remove from sale any pesticide which has been found to
contaminate the environment by federal or state authorities (Article AG, Section
5-108). The Secretary's authority includes licensing of pesticide applicators, and
establishment of standards on use, storage, and transfer of pesticides (Article AG,
Section 5-210). The Department of Agriculture is also to participate in the im-
plementation of the Hazardous Substances Act (Article NR, Sec.8-1413.2), and is
represented on the Hazardous Substances Disposal Advisory Council.

2. Agricultural Land Preservation Foundation

This program will be dicussed below in the section on acquisition of
interests in land and waters.

3. Soil Conservation District Act

Each county has a soil conservation district (Article AG, Section B-201).
The district commissions consists of five Soil Conservation District supervisors,
appointed by the State Soil Conservation Committee. A soil conservationist is
assigned to the district by the U. S. Soil Conservation Service.

In addition to the assistance given to farmers in developing conserva-
tion plans for their farms, the districts may adopt and use regulations subject to
the Secretary of Agriculture's approval, to help conserve soil, water, other natural
resources, and wildlife (Article AG, Se6tion 8-205). At present, however, districts
have found it necessary only to adopt advisory guidelines. The districts are antici-
pated to play a major role in the implementation of Phase II Water Quality Plans
(non-point source pollution planning pursuant to Section 208 of the federal Water
Pollution Act of 1972).

355

I. Judicial Interpretation of Maryland's Police Powers

The statutes which have been discussed above involve the use of the
State's police power. In order to fully appreciate the scope of these authori-
ties, it is necessary to understand that Maryland Courts construe the police
power broadly.

. Maryland's police power must be used to promote the public health,
morals, safety, or welfare of its citizens, (Dasch v. Jackson, 183 A. 534, 170 Md.
251 (1936)). The police power must serve the interests of the general public rather
than those citizens of a particular class, the means must be reasonably necessary
for accomplishment of the purpose, and the means may not be unduly oppressive upon
individuals. (Maryland Coal and Realty Co. v. Bureau of Mines, 193 Md. 627, 69 A 2d.
471 (1949)). Maryland courts have held police power statutes and regulations to be
those designed to protect the public health, comfort, safety, order, convenience,
morals and general welfare, Stevens v. City of Salisbury, 214 A. 2d 775, 240 Md. 556
(1964).

Because all property rights are held subject to the fair exercise of a
state's police power, no unconstitutional taking without just compensation occurs
when property rights are limited by statutes and regulations formulated under Mary-
land's police power, (Bureau of Mines v. George's Creek Coal and Land Co., 272 Md.
143 (1974), 21 A. 2d 748. The only exception to this principle is the case when a
law deprives the property owner of "all reasonable use", which is usually measured
in terms of economic value (George's Creek, supra, 272 Md. at 170).

Three recent cases demonstrate that Maryland has broad police power
authority to protect the State's natural resources. The case of Smoke Rise v. WSSC,
400 F. Supp. 1369 (1975) held that it is reasonable for a state to exercise its
police power to prevent pollution of its water by human wastes and upheld the con-
stitutionality of sewer moratoria which restricted property development. The case
of A.H. Smith Sandand Gravel Co. v. Dept. of Water Resources, 313 A. 2d 820, 270 Md.
652 (1974), held that the Department's regulation prohibiting filling on land within
the 50 year flood plain was constitutional. In Potomac Sand and Gravel v. Governor,
293 A 241, 266 Md. 358, cert. denied 409 U. S. 1040 (1972), the Court of Appeals
held that Chapter 792 of the Laws of 1971, a public local law prohibiting dredging
for gravel in the tidal waters or marshlands of Charles County, is constitutional.
The Court specifically recognized the current trend to consider the preservation of
natural resources as a valid exercise of the police powers.

J. Conclusion

This analysis of Maryland law demonstrates conclusively that Maryland
has sufficient legal authority to ensure that the management of coastal land and
water uses will be in conformance with the policies of the.state's coastal zone
management authority. There is virtually no significant activity which may occur
within Maryland's coastal zone which will not be regulated directly by a state
agency. The State's comprehensive regulatory authority must be interpreted in
light of the policy objectives established by the Maryland Environmental Policy
Act. Article NR, Sec. 1-302(4) mandates that "The policies, rules, regulations,
and public laws of the state shall be interpreted and administered in accordance
P
with the policies set forth in this subtitle." As discussed above, Maryland

356

governmental agencies are required to consider the environment in their decision-
making processes unless there is a specific statutory provision to the contrary.
None of the legal authorities discussed in this section contains such a prohibition.
In addition, Maryland's statutory authority must be interpreted in light of the
judicial recognition that the police power of the state may be used broadly to
protect the state's natural resources.

III Resolution of Conflicting Uses

A. Introduction

Maryland law provides mechanisms whereby conflicts over competing uses
of the coastal zone may be resolved at the intra-agency level, the inter-agency
level, between the State and members of the public and between the State and Federal
governments. Two sections in the Maryland Environmental Policy Act must be kept in
mind in analyzing Maryland's ability to resolve conflicts. Article NR, Sec. 1-302(e)
establishes the following policy.

It is the continuing policy of the state to cooperate
with the federal government, other state governments,
the District of Columbia, the political subdivisions
of the state, and other concerned public and private
organizations and individuals, in a manner calculated
to protect, preserve, and enhance the environment.

Article NR, Sec. 1-303(2) requires all state agencies to develop methods and pro-
cedures to assure that:

Studies are undertaken to develop and describe appro-
priate alternatives to present policies, programs,
and procedures that involve significant adverse effects
or unresolved conflicts concerning uses or available
resources.

B. Intra-Agency Conflict Resolution

Conflicts within Maryland agencies are resolved by the departmental secre-
tary who is responsible for the overall management of his agency. For example,
Article NR, Sec. 1-101(d) provides:

The Secretary is responsible for the operation of his
office and shall establish guidelines and procedures
to promote its orderly and efficient administration.

More specific authority to resolve conflicts is provided by Article NR, Sec. 101(a):

The Secretary is responsible for the development of
coordinated policies for the preservation, conserva-
tion, enhancement, wise use, and perpetuation of the
natural resources of the state. He is responsible
for the efficient coordination of all the natural
resources activities of the state including the
settlement of conflicts that may arise among units
is within the Department of Natural Resources.

357

The Secretaries of all Maryland Agencies are vested with similar statutory
authority. Generally see Article 41, Section 3A.

Within the Department of Natural Resources, conflict resolution will
also be furthered by the Coastal Facilities Review Act (Article NR, Sec. 6-501 et
seq.) which consolidates all permits issued by the department for coastal facili-
ties as defined by the Act.

1:@. Inter-Agency Conflict Resolution

Several mechanisms exist whereby disputes between agencies over the
proper use of the state's coastal zone may be resolved. Ultimate responsibility
for inter-agency conflict resolution rests with the Governor as Article II, Section
1 provides that "The executive power of the State shall be vested in a Governor."
The Governor's duties in this respect are further defined by Article 41, Section
15:

The head of the Executive Department shall be the
Governor of the State, who in addition to the
rights, powers, duties, obligations and functions
now or hereafter conferrred by law, shall also have
supervision and direction over the officers and
agencies hereby or hereafter assigned to the Execu-
tive Department.

As will be discussed below, the Governor is vested with authority to promulgate Ex-
ecutive Orders. Such an order could establish specific procedures to aid in the
resolution of conflicts pertaining to the coastal zone.

There are other means of conflict resolution short of intervention by
the Governor's office. As will be discussed below, interagency memoranda of under-
standing which may be used to "network" Maryland's legal authorities could establish
procedures whereby agencies will work together to resolve disputes. Another poten-
tially useful mechanism is the Maryland Council on the Environment, created by
Executive Order of the Governor in October, 1975. The Council is composed of the
Governor, the Secretary of State, and the Secretaries of Health and Mental Hygiene,
Natural Resources, Agriculture and State Planning. Other officials may participate
in Council deliberations. The purpose of the Council is to "coordinate the policies
and practices of State government to ensure that the quality of the environment is
protected or improved wherever possible in the conduct of State business." Another
function of the Council is to assist in coordinating "the wide array of Federal
and State actitivies" so that there is a unified program to develop and protect
Maryland's natural resources.

In recent years, the Maryland General Assembly has acted to streamline
the state's regulatory procedures by reducing the number of permits an individual
must obtain from the state. This approach should also assist in the resolution of
conflicts between state agencies. The Consolidated Permit Procedures Act, Article
78A, Section 56 et seq., authorizes the Board of Public Works to designate a co-
ordinator who may develop master application forms for state permits. The law also
authorizes consolidated hearings when several state permits are involved or when
both state and local permits are necessary. While these provisions have not been

358

fully implemented, they could be utilized in the implementation of the coastal
zone management policies. Permit procedures for power plants have also been
consolidated by Article 78, Section 54B(a) which provides that a certificate
issued by the Public Service Commission constitutes authority to dredge and/or
construct bulkheads in the waters or private wetlands of the State, a permit
to appropriate or use waters of the state and an air emission permit. Coordina-
tion of the state's evaluation of proposed power plants is provided through the
Power Plant Siting Program.

The A-95 review process also provides for the resolution of conflicts
between state agencies. Under procedures established pursuant to OMB Circular
No. 9-95, applicants for federal assistance must notify the State Clearinghouse of
their intentions. Maryland's statewide clearinghouse function is performed by the
Department of State Planning. The notification is then forwarded to appropriate
State, regional and local governmental agencies for review and comment to ensure
consistency with comprehensive state, regional and local plans. Any comments must
be submitted with the application to the federal agency.

D. Conflicts Between the State and the Public

Conflicts between state agencies and other parties are resolved through
the administrative and judicial appeals process established by Maryland law. Ar-
ticle 41, Sec. 3C states that unless otherwise provided by law each principal state
agency shall have a seven member board of review to hear appeals from departmental
decisions. The enabling legislation for each state agency provides greater detail.
For example, Article NR, Sec. 1-107(a) provides that four of the board's seven
members, shall be selected from and represent the general public and three shall
have expertise in the areas regulated by the department. DNR's Board of Review
has been limited in its scope of review to the evidence considered by the admini-
strative agency. The Board may not conduct a de novo review. See, 62 Op.Atty.Gen.
1977.

Maryland's Administrative Procedure Act, Article 41, Sec.244, et seq.,
provides that before an agency may adopt a rule or regulation, it must pro;717de an
opportunity for interested persons to comment orally or in writing. Public notice
must be provided in the Maryland Register pursuant to the State Documents Law,
Article 41, Sec. 256C, et seq.

The Administrative Procedure Act also requires that in any "contested
case" all parties shall be provided an opportunity for an administrative hearing
(Article 41, Sec. 251). A "contested case" is defined as "a proceeding before an
agency in which the legal rights, duties or privileges of specific parties are re-
quired by law or constitutional right to be determined after an agency hearing",
(Article 41, Sec. 244(c)). All state agencies are required to promulgate rules
and regulations establishing procedures for administrative hearings. It should be
noted that in certain instances there is no provision for administrative appeal
but only for direct judicial review. For example, Article NR, Sec. 3-307 states
that the Department of Natural Resources Board of Review does not have jurisdiction
over proceedings pertaining to the Power Plant Siting Program. Appeals of agency
decisions on power plants are made directly to the state circuit courts.

359

Article 41, Sec. 255 provides that any party aggrieved by a final
administrative decision in a contested case shall have a right to judicial re-
View. Maryland courts have granted standing both to tax payers and property
owners whose interests have been adversely affected by administrative actions.
The test for taxpayer standing was summarized in Citizens Planning and Housing,
et al v. County Executive of Baltimore County, et al, 273 Md. 333 (1974):

From this decision and the long line of Maryland
cases following in its wake, the principle has be-
come established that a taxpayer may invoke the
aid of a court of equity to restrain the action of
a public official or an administrative agency when
such action is illegal or ultra vires, and may in-
juriously affect the taxpayer's rights and property.
(citations omitted). The corollary to this rule is
that the taxpayer will be allowed such relief only
when some special damage is alleged and proved, or
a special interest is shown which is distinct from
that of the general public. (citations omitted).
This has been interpreted to require a showing that
the action being challenged results in a pecuniary
loss or an increase in taxes. (citations omitted).
From among the profusion of cases decided by this
Court on the question of standing, several emerge
as worthy of particular comment here.

To have standing on the basis that his property interests have been adversely
affected, an individual must demonstrate that his interests have been specially
damaged. This principle was established by the Court of Appeals in Baltimore v.
Gill, 31 Md. 375 (1869):

It is certainly well settled that public wrongs
cannot be redressed at the suit of individuals,
who have no other interest in the matter than the
rest of the public. Thus an individual cannot
maintain a bill of injunction to prevent a public
nuisance, unless he suffers thereby some special
damage; and the principle governing cases of that
kind has supposed to be applicable to the present
case.

It should be noted that Maryland courts grant standing on a liberal basis. In
Thomas v. Howard County, 261 Md. 422(1970) the Court stated:

We and our predecessors have gone far in sustain-
ing the standing of taxpayers to challenge the
alleged and illegal and ultra vires actions of
public officials.

and:

360

In our opinion this is and has been a salutary
policy conducive to the advancement of the public
interest and should not be narrowed or impaired.
10 We note with satisfication that the Maryland view
in this regard represents the general trend of the
authorities in our sister states and especially in
the Federal Courts where the restrictive holding by
the Supreme Court in Frothingham v. Mellon, 262 U.S.
447 (1923), has been substantially eroded.

In order to seek judicial review, an individual must have been a party
to the administrative proceedings. In Montgomery County v. One Park North, 275 Md.
193 (1975), the Court of Appeals held that Article 41, Sec. 256A, which grants polit-
ical subdivision status as parties, did not give standing to a county which had not
been a party to the proceedings before the administrative agency.

E. State/Federal Conflicts

The principal mechanism which will be used to resolve conflicts between
Maryland and the federal government over the proper utilization of the coastal zone
will be the federal consistency provisions of the Federal Coastal Zone Management
Act. The use of federal consistency is discussed in detail in Chapter VI.

F. Conclusion

From this discussion, it is clear that the strength of Maryland's execu-
tive branch of the government ensures that conflicts over the proper use of the
coastal zone will be resolved. Furthermore, where members of the public are impaired
by a decision with which they do not concur, Maryland law provides for recourse to
the courts which are the ultimate arbitrators in any conflict.

IV Authority to Acquire Interests in Land and Water

A. Introduction

Maryland has authority to acquire interests in land for many different
purposes including recreation, conservation, historic preservation, fish and
wildlife enhancement, port development and power plant sites. Land may be acquired
by negotiation and/or condemnation. Title to all lands below the mean high tide
mark is vested in the state and with the waters of the state are held in trust for
all Maryland citizens. This section will discuss the land acquisition programs of
each state agency.

B. The Department of Natural Resources

1. Authority to Ac924ire Property

Article NR, Sec. 5-1202(a) states that acquisition of interests or
rights in real property for preservation of open spaces and areas constitutes a
public purpose for which public funds may be acquired. The department is authorized
to acquire by purchase, gift or lease the fee, or any lesser interest or development

41
361

right necessary to achieve that end. Article NR, Sec. 5-208 authorizes the de-
partment to condemn land, earth, gravel, stone, timber material or any improve-
ments when such action is necessary to carry out the purpose of any legislative
act or to advance the aims of forestry, parks or recreation and the work of the
department. The department may acquire, by purchase, lease, condemnation, or
gift, title or control of any area suitable to protect, propagate, or manage
wildlife or for hunting purposes (Article NR, Sec. 10-801). The Department of
Natural Resources may establish wildlife management areas on state-owned lands,
where any disturbance of wildlife is prohibited (A::ticle NR, Sec. 10-805). The
Department may enter into agreements with landowners to establish wildlife man-
agement areas on privately owned land (Article NR, Sec. 10-806). Natural Resources
Article, Sec. 4-401 states that the Department may acquire by lease, purchase, con-
demnation or gift, any area of water or land in the state suitable to protect,
propagate or manage fish.

Units of the Department may acquire property for specific purposes.
Article NR, Sec. 3-305 authorizes the Power Plant Siting Program to acquire an
inventory of power plant sites. The Maryland Environmental Service may acquire,
construct, improve and lease water supply, sewage treatment and solid waste facili-
ties under the provisions of Article NR, Sec. 3-104. The Maryland Environmental
Trust has the power to acquire by lease, gift, purchase, or by any other means,
real and Personal property, or any interest therein, of aesthetic, scenic, or
cultural significance to the health and welfare of the public and to conserve, ad-
minister, invest or dispose of properties to further the purposes of the Trust
(Article NR, Sec. 5-203). Finally, state funds may be used to purchase land within
the Beach Erosion Control District on Maryland's Atlantic Coast if the regulation
properties within the district constitutes an unconstitutional taking (Article NR,
Sec. 8-11105.1(c)).

2. Capital Programs Administration

The principal land acquisition program of the department is Program
Open Space (Article NR, Sec. 5-901, et seq.) which is funded by a transfer tax on
all real estate transactions in the 9-ta-te. Half of these funds are used to acquire
state parks, natural areas, forests, and wildlife management areas. The remaining
funds are used to reimburse local governments for up to 100 percent of the costs
of open space acquisition and up to 75 percent of the costs of park development. The
implementation of any open space project partially or fully funded by State Program
Open Space money must meet the needs identified in the Maryland ()Utdoor Recreation
and Open Space Plan prepared by the Department of State Planning in cooperation with
the Capital Programs Administration (Article NR, Sec. 5-906(b)). The Capital Pro-
grams Administration administers the local projects portion of Program Open Space
and promulgates regulations governing applications and allowable project costs
(Article 114R, Sec. 5-906(c)). Any land acquired or developed under a State Program
Open Space grant.may not be converted from its outdoor recreation or open space use
to any other use without permission from the Capital Programs Administration and
the Department of State Planning, (Article NR, Sec. 5-906(e)(7)).

362

Program Open Space utilizes funds made available by the f.ederal
government through the Land and Water Conservation Fund Grant Program. To date,
Maryland has received over $30 million from this fund. The process of selecting
sites to be considered for acquisition with both Land and Water Conservation and
Program Open Space funds is conducted by the Land Planning Services Division of
the Capital Programs Administration. The site selection process is not rigidly
defined, but consists essentially of staff review of potential sites recommended
by other DNR agencies, state legislators, local governments and the general pub-
lic. The staff of the Land Planning Services Division also identifies sites for
consideration on the basis of its review of resource inventories such as the
Chesapeake Bay -- Inventory of Potential Shoreline Access, Recreation and Open
Space Areas, Upland Natural Areas Study, Wetlands Vegetation Study, and Maryland
Comprehensive Outdoor Recreation and Open Space Plan; and its state-wide analysis
of land acquisition needs.

The Capital Programs Administration also administers the Waterways
Improvement Fund, Article NR, Sec. 8-707, which is financed through a 5 percent boat
title tax, a boat registration fee and an annual allocation of $400,000 from vehicle
fuel tax revenues. Fund expenditures are for (1) marking and dredging channels and
harbors not within the scope of operation of the U. S. Coast Guard and the Army
Corps of Engineers, (2) clearing debris, aquatic vegetation and obstruction from
navigable waters of the State, (3) provision of hydrographic survey engineering ser-
vices, and (4) construction of facilities of benefit to the boating public such as
marinas, boat ramps, piers, and boat launching areas including accessory facilities
(parking areas, comfort stations, etc.). Since the inception of the Waterways Im-
provement Program, 458 projects have been completed with an expended value of
$2,493,682. 133 approved projects have not been initiated; 93 are presently under
construction with an obligated fund value of $6,840,039.

The costs of dredging, channel marking and debris removal projects,
including construction of boating facilities on state-owned land are funded. The
contribution of the Waterways Improvement Fund to the construction of boating facili-
ties on county-owned sites is limited to 100 percent of the first $25,000 and 50
percent of costs in excess of $25,000.

3. The Maryland Environmental Trust

The Maryland Environmental Trust, Article NR, Sec. 3-201, et seq., is
administratively located in the Department of Natural Resources. The Trust was
created for the purpose of conserving, improving, stimulating, and perpetuating the
aesthetic, natural, health and welfare, scenic, and cultural qualities of the environ-
ment, including (but not limited to) land, water, air, wildlife, scenic qualities,
open spaces, buildings of any interest therein, and other appurtenances pertaining
in any way to the State of Maryland. The Trust is also responsible for utilizing
educational and other media to encourage and motivate the populace of the State and
others to do so, and to promote continuing interest in and the study of such matters.

To carry out its duties the Trust: (1) acquires and maintains
properties of aesthetic, scenic, cultural, or public health and welfare value by
gifts, purchase, or bequest; (2) receives appropriations, gifts, or bequests to

363

carry out its purposes; (3) cooperates with and assists state, federal, and
local governmental agencies, private or public foundations, and individuals
to further the purposes of the Trust; and (4) promotes the establishment of
local committees to work with the Trust in furtherance of the objectives of the is
Trust at the local level. The Trust has acquired rights and conservation ease-
ments to approximately 3,700 acres of land.

4. Wildlands Preservation Program

A State Wildlands Preservation System is established by Article NR,
Sec. 5-1203 et seq. The definition of a wildlands area which may be included within
the preservation system is broad. The statutory definitions refer basically to an
area of land which is still in its natural condition and predominantly untouched by
civilization, (Article NR, Sec. 5-1201(c)). Any State wildlands area must be managed
so as to preserve its wildland character, (Article NR, Sec. 5-1203(a)). In order
for an area to be designated a State wildland, the Secretary of DNR must recommend
the designation to the General Assembly (Article NR, Sec. 5-1205). The General
Assembly must then enact a bill including the area within the State Wildlands Preser-
vation System. The Secretary may acquire privately owned land within the perimeter
of a wildland with the consent of the owner (Article NR, Sec. 5-1216).

5. Woodland Conservation

Article NR, Sec. 5-301 et seq. requires the department to formulate
a program of forest conservation and management. Under this program, any individual
owning five or more acres of woodland may contract with the department to place the
tract under a management program. During the period of the contract, property tax
assessments may not be increased (Article NR, Sec. 5-304).

6. Fish Refuges

Article NR, Sec. 4-404 and 405 provides that the Department may create
and maintain fish refuges and management areas. Private individuals owning waters
suitable for fish refuges may lease such areas to the state. The department is
authorized to adopt rules and regulations governing the use of refuge areas it either
owns or controls (Article NR, Sec. 4-407).

7. wildlife management Areas

Article NR, Sec. 10-801 et seq. authorizes the department to estab-
lish and maintain state wildlife refuges in order to protect and propagate wildlife.
Hunting is prohibited in such areas. Private property owners may lease suitable
areas to the state. The department is required to promulgate rules and regulations
for the proper administration of management areas.

8. State Wetlands

As has been discussed in Section II of this Chapter, any land under
the navigable waters of the state below the mean high tide which is affected by the
regular rise and fall of the tide is defined as "state wetlands", Article NR, Sec.
9-101(m). The only exception to this rule is lands which have been transferred by

364

the state to individuals and which are considered "private wetlands". Accord-
ingly, title to all state wetlands is vested in the state. The granting of a
wetlands license by the Board of Public Works pursuant to Article NR, Sec.9-202
constitutes a conveyance of the state's interest to the licensee.

9. Waters of the State

Article NR, Sec. 8-101(k) defines the term "waters of the state"
broadly to include:

... both surface and underground waters within the
boundaries of the State subject to its jurisdiction,
including that portion of the Atlantic Ocean within
the boundaries of the State, the Chesapeake Bay and
its tributaries, and all ponds, lakes, rivers, streams,
public ditches, tax ditches, and public drainage
systems within the State, other than those designed
and used to collect, convey, or dispose of sanitary
sewage. The flood plain of free-flowing waters
determined by the Department on the basis of the
100-year flood frequency is included as waters of
the State.

The term "waters of the state" should not be construed to mean that title to all
such waters is vested in the State. Only navigable waters are held by the state
in trust for the benefit of the public, Department of Natural Resources v. Ocean
SiLy, 224 Md 1, (1975). However, the state does have regulatory control over all
waters. It should be noted that almost all the waters within the coastal zone are
navigable.

C. The Department of State Planning

Although the Department of State Planning does not have authority to
acquire and manage lands and waters, it is responsible for preparing the Maryland
Outdoor Recreation and Open Space Plan, Article 88C, Section 2. This document in-
cludes guidelines for all future open space and recreation planning; a study of
activity demand and facility deficits; state policies governing open space and
recreation; statewide and regional recommendations for areas to be acquire and de-
veloped to meet identified needs; an outline of legal, fiscal and administrative
guidelines to help implement goals; an overall program design for open space and
outdoor recreation research, and acquisition and development of land. The Plan
sets forth proposed acquisition and development schedules of federal, state and
local governments in each region of the State. An acquisition priority system is
developed based upon: resident population within one hour driving time of the
project site, comparison of natural values of alternative sites, danger of despolia-
tion of potential project sites due to the diversion of open space to more intensive
uses, and need for additional and state natural resource acreage in each county of
the State.

All acquisition and development projects funded by the State through
Program Open Space must meet needs identified in the plan, Article NR, Sec. 5-906(b).
Lands acquired with Program Open Space funds may not be converted to other uses
without the written approval of the Secretary of State Planning, Article NR, Sec.
5-906(e).

365

E. The Department of Economic and Community Development

The Maryland Historicai Trust, (Article 41, Sec. 181A, et seq.) is
authorized to acquire, preserve and maintain historic, aesthetic, an-d cultural 0
properties and buildings "pertaining in any way to the province and State of
Maryland from earliest times." The Trust may also accept gifts of property.
It has been the policy of the Trust not to acquire fee simple, but rather to
seek voluntary historic easements. Several forms of tax incentives are avail-
able for easement donation, and for maintaining the character of historic build-
ings and districts (Article 81, Sec. 12G).

F. Conclusion

This section demonstrates that Maryland agencies may acquire interests
in lands for a broad variety of purposes and that the State holds title to all
tidal waters and lands thereunder. These authorities ensure that Maryland will
be able.to acquire property interests when such action is necessary to achieve the
goals and objectives of the state's coastal zone management plan.

V "Networking" Authority

A., Introduction

Maryland has no comprehensive coastal zone management law. However,
as discussed in Section II, the state does have a broad variety of regulatory
authorities pertaining to the coastal zone. Because Maryland will rely upon the
coordinated implementation of many different statutes administered by several dif-
ferent state agencies, it must be shown that these authorities and agencies may
be "networked" together in conformance with the program. This section will demon-
strate that Maryland meets this requirement.

B., Maryland's Legal Authorities

As has been discussed above in Section II, Maryland's diverse legal
authorities are tied together under the Maryland Environmental Policy Act, Article
NR, Sec. 1-301, et seq. That Act establishes a number of policies which are con-
sistent with the policies and findings identified in Sections 302 and 303 of the
Federal Coastal Zone Management Act, including the following:

The protection, preservation, and enhancement of the
state's diverse environment is necessary for the main-
tenance of the public health and welfare and the con-
tinued viability of the economy of the state and is
a matter of the highest public priority;

All state agencies must conduct their aftairs with
an awareness that they are stewards of the air, land,
water, and living resources, and that they have an
obligation to protect the environment for the use and
enjoyment of this and all future generations.

366

It is the continuing policy of the state to cooperate
with the federal government, other state governments,
the District of Columbia, the political subdivisions of
the state, and other concerned public and private or-
ganizations and individuals, in a manner calculated to
protect, preserve, and enhance the environment.

The determination of an optimum balance between economic
development and environmental quality requires the most
thoughtful consideration of ecological, economic develop-
mental, recreational, historic, architectural, aesthetic,
and other values.

Beneficial environmental effects of proposed actions can
be identified and measures devised to obtain these benefits
if environmental evaluations are made a part of the decision-
making process of the state.

Adverse environmental effects of proposed actions can be
anticipated, minimized, and often eliminated if environ-
mental evaluations are made a part of the decision-making
process of the state.

Article NR, Sec. 1-302(k) then provides that "The policies, rules, regulations and
public laws of the state shall be interpreted and administered in accordance with
the policies set forth in this subtitle." To the extent that Maryland's coastal
zone management program reflects the policies set forth by MEPA, there is a clear
mandate to Maryland administrative agencies to conduct their affairs in a manner
which would be consistent with the coastal zone management program. MEPA ties all
of Maryland's authorities pertaining to natural resources together in a manner which
ensures that those authorities may be interpreted consistently with Maryland's pro-
gram.

C. Agency Coordination

Even though Maryland's laws may be interpreted consistently With the
management program, a question arises as to whether all agencies may be required to
act in such a manner. A key to understanding that all agencies will work to fulfill
the goals-and objectives of the program is the authority vested in Maryland's execu-
tive branch of government. As discussed above, the Governor is directly responsible
for all administrative agencies. The Secretaries of those agencies which will be
involved in the management program are appointed by the Governor, with the advice
and consent of the Senate, and serve at the pleasure of the Governor and are directly
responsible to him. See, for example, Article NR, Sec. 1-101 which also provides
that "The Secretary is responsible for carrying out the Governor's policies in the
areas of natural resources research and development, management, and administration."
Maryland's program will be officially adopted as the policy of the state when it is
submitted for approval. The organization of Maryland's executive branch provides
the structure for ensuring that all administrative agencies will adhere to these
policies.

367

The responsibilities of Maryland agencies to follow the program
may be formalized by interagency memoranda of understanding and by executive
orders and evaluate their enforceability. There will also be a discussion of
an order issued by the Secretary of the Department of Natural Resources because
of the importance of "networking" the various units of that department.

D. Executive Orders Issued by the Secretary..of DNR

Maryland law does provide specifically for executive orders issued by
secretaries of state agencies. Article 41, Sec. 15CA(B)(2) includes within the
definition of "executive order":

* proposal, order or directive of the secretary of
* principal department, changing the organization,
placement or name of a unit of State government
within the secretary's jurisdiction and approved
in writing by the Governor.

While Article 41, Sec. 15CA gives explicit recognition only to orders
"changing the organization, placement or name of a unit of State government", Maryland
law implicitly authorizes departmental secretaries to establish organizational pro-
cedures. Article 41, Sec. 3A defines the scope of a secretary's authority. Secre-
taries are responsible for the efficient and orderly administration of their depart-
ments, for the comprehensive planning of programs and services. Section 3A(b) provides
that any secretarial order changing the organization of a department is not effective
until approved in writing by the Governor or promulgated by the Governor as an execu-
tive order. Article 41, Section 12 also addressed the general responsibilties of
the heads of the principal departments and directs that they shall be responsible

for the coordination of programs and activities
within and between the principal departments for
the elimination and prevention of duplication and
overlapping of programs, activities and services
within and among their respective departments.

The specific duties of the Secretary of Natural Resources are addressed
by Section 1-104(a)(2) of the Natural Resources Article which directs the Secretary
to:

Study and evaluate any plan, program, or activity
or any combination of plans, programs, or activities
within one or more of the units of the department,
and recommend any legislative, budgetary, or admini-
strative changes to provide more effective administra-
tion, clarify responsibilities, terminate obsolete
programs, establish desirable programs, or alter or
amend programs to meet changed or changing conditions.

Section 1-101(d) provides that the Secretary is responsible for the operation of
his office and shall establish guidelines and procedures to promote its orderly

368

and efficient administration. Section 1-101(b) states that it is the intent
of the General Assembly in creating the Department to unify and coordinate
policies, plans and programs which ensure the preservation, development, wise use
and enjoyment of Maryland's natural resources.

In addition the Maryland Environmental Policy Act directs all state
agencies to identify, develop and adopt methods and procedures which will assure
that:
Environmental amenities and values are given
appropriate consideration in planning and
decision-making along with economic and tech-
nical considerations.

See Natural Resources Article, Section 1-303(l).

Based upon these authorities, it is clear that the Secretary of the
Department of Natural Resources may issue an order requiring the units of the Depart-
ment to coordinate their activities in order to implement the state's coastal zone
management program. Such an order would not be required to be approved by the
Governor pursuant to Article 41, Sec. 3A(b) as the order would not involve a reorgan-
ization within the meaning of Sec. 3A(b). The nature of a reorganization requiring
the approval of the Governor was discussed in 55 Opinions of the Attorney General 374,
(1970) as follows:

When the transfer of positions and funds reaches
such proportion to be considered reorganization
within the between principal departments (such
as 'centralizing and coordinating administrative
staff, and clerical services within and among the
divisions and departments within their Juris-
diction,') the approval of the Governor, as Chief
Executive Officer of the State Governments, is
required.

The specific reorganization addressed in that opinion involved a consolidation plan
affecting most of the boards and commissions within the jurisdiction of the Depart-
ment of Health and Mental Hygiene. The Secretarial order issued to further the
coastal zone management program would not result in a consolidation. Instead the
order would establish procedures whereby the various units of the Department of
Natural Resources would coordinate their activites to achieve the goals and objec-
tives of the coastal zone program. The order would not create any new units or
eliminate any existing units within the Department. Although such an order would
not fall within the definition of "executive order" provided by Article 41, Sec.15CA
and would not require the approval of the Governorl the order would be within the
authority of the Secretary.

369

E. Executive Orders Issued by the Governor

The authority of the Governor to organize the executive branch of
the government is addressed by Article III, Section 24 of the Maryland Constitu-
tion:

The Governor may make changes in the organization of
the Executive Branch of the State Government, including
the establishment or abolition of departments, offices,
agencies, and instrumentalities, and the reallocation
or reassignment of functions, powers, and duties among the
departments, offices, agencies, and instrumentalities
of the Executive Branch. Where these changes are in-
consistent with existing law, or create new governmental
programs they shall be set forth in executive orders in
statutory form which shall be submitted to the General
Assembly within the first ten days of a regular session.
An executive order that has been submitted shall become
effective and have the force of law on the date desig-
nated in the order unless specifically disapproved,
within fifty days after submission, by a resolution
of disapproval concurred in by a majority vote of all
members of either House or the General Assembly. No
executive order reorganizaing the Executive Branch
shall abolish any office established by this Constitu-
tion or shall change the powers and duties delegated to
particular officers or departments by this Constitution.

This language gives the Governor broad authority to structure the executive branch
subject to the restriction that when changes are inconsistent with existing law or
create new governmental programs they shall be submitted to the General Assembly
in the form of executive orders.

This same authority is recognized by Article 41, Sec. 15C(a) which
authorizes the Governor to propose and order organizational changes which are "not
inconsistent with the law." Article 41, Sec. 15C(a) includes within the definition
Of "executive order" written orders, proclamations or directives issued over the
Governor's signature pursuant to Article II, Sec. 24 of the Constitution or Article
41, Sec. 15C. The issue to be resolved is whether the executive order would involve
a program change inconsistent with existing law. If the proposed order is incon-
SiStent with present statutory authority, it must be submitted to the legislature
for approval.

The proposed order may or may not be consistent with existing law. If
the order directs all executive agencies to coordinate their activities with the
Energy and Coastal Zone Administration and to consider thO goals and objectives of
the coastal zone program in their decision-making processes, the order would be
consJ-stent with existing law. As discussed above, the Maryland Environmental Policy
Act requires all state agencies to give consideration to environmental factors along
with economic and technical considerations. An order issued by the Governor would
also be consistent with existing law if it required all state agencies to support
the goals and objectives of the coastal zone program to the fullest extent possible
under their enabling legislation.

370

If on the other hand an executive order mandated all state agencies
to exercise their authority only in a manner consistent with the program, there
would be a conflict with existing law. For example, it could be inconsistent with
existing law if the Department of Health and Mental Hygiene refused to issue an
air emission permit for a facility which would comply with all applicable air
quality standards on the grounds that facility producing the emissions was in con-
flict with the management program. In other words, an executive order which re-
quires an agency to make decisions in a manner which would be inconsistent with
the substantive standards under existing law must be submitted to the legislature
under Article III, Sec.24 of the Maryland Constitution.

Article III, Sec.24 also requires executive orders creating new govern-
mental programs to be submitted to the General Assembly. An order issued by the
Governor defining inter-departmental responsibilities under the coastal zone program
would not create a new governmental program. Instead, it would mandate the co-
ordination of existing programs and existing legal. authorities. Responsibility
for administering federal grants allocated pursuant to the Coastal Zone Management
Act of 1972 was delegated to the Department of Natural Resources by a letter from
Governor Mandel to Robert Knecht, Director of the Office of Coastal Zone Management,
dated March 12, 1973. Secretary Coulter assigned program responsibility to the
Energy and Coastal Zone Administration by Operation Order 76:1, dated July 1, 1975.
Article 41, Section 3A(b) required this order to be approved in writing by the
Governor and the requisite approval was granted in a letter from Governor Mandel
to Secretary Coulter dated July 7, 1975.

It should be noted that the General Assembly has given legislative
recognition to the coastal zone management program on more than one occasion. Chapter
320 of the laws of Maryland 1976 added the Energy and Coastal Zone Administration
as a departmental unit. This legislation was requested because of Section 1-104(c)
of the Natural Resources Article which requires the Secretary to submit such legis-
lation whenever a transfer of departmental functions makes the name of an agency
unit misleading. The Coastal Facilities Review Act (Article NR, Sec.6-501, et seq.)
also provides legislative recognition of the program in that it requires a deter-
mination that permits issued pursuant to the Act be consistent with the state's
coastal zone management program. Finally, Natural Resources Article, Sec. B-202
establishes the Chesapeake Bay and Coastal Zone Advisory Commission. Accordingly,
no further legislative action is necessary unless an executive order issued by the
Governor is inconsistent with existing law.

F. Enforeoeability of Executive Orders

A question arises as to whether an action could be brought to require
compliance with intra-agency procedures established by the Secretary of the Depart-
ment of Natural Resources and with inter-agency procedures established by the
Governor. The basis of this question is Section 923.41 of the revised regulations
proposed by NOAA to implement the Coastal Zone management program. These regula-
tions require that if the legal basis of a state's program is a "networking" of
existing authorities, the executive orders or interagency memoranda of understand-
ing establishing the network must be binding and enforceable.

371

With regard to procedures established by secretarial order, it
is first necessary to discuss the applicability of the Maryland Administrative
Procedure Act (Article 41, Sec. 244). That Act requires that before agency
rules may be adopted they must be published and interested persons must be
afforded an opportunity to comment (Section 245(c)). The word "rule" is defined
by Section 244(b) as follows:

"Rule" includes every regulation, standard, or
statement of policy or interpretation of general
application and future effect, including the
amendment or repeal thereof, adopted by an agency,
whether with or without prior hearing, to imple-
ment or make specific the law enforced or admini-
stered by it or to govern its organization or
procedure, but does not include regulations con-
cerning only the internal management of the agency
and not directly affecting the rights of or pro-
cedures.available to the public.

This definition clearly recognizes that regulations governing internal agency matters
may be promulgated without following the procedures required by Section 245(c). Any
regulations establishing the organizational structure whereby the Department of
Natural Resources implements the Coastal Zone program would fall within this exemption.

Review of state and federal cases involving executive orders indicates
that it is possible for either the Secretary of the Department of Natural Resources
or the Governor to issue an executive order which is legally binding.

Robinson v. Shapp, 350 A 2d. 464 (1976), involved an executive order
issued by the Governor of Pennsylvania committing his administration to ending dis-
crimination against persons because of their "affectional or sexual preference".
State departments and agencies were instructed to "fully cooperate" in order to end
the discrimination. The Court held the order to be "merely a statement of policy"
and that it was without jurisdiction to determine its propriety. This is an example
of an order used to express policy and which cannot be judicially enforced.

On the other hand, State Ex Rel. Karnes v. Dadisman, 172 SE 2d. 561 (1970)
held that an executive order placing certain state employees under the state civil
service commission was effective and gave a discharged employee all the rights afforded
by the civil service rules and regulations. The basis for the order was a West Vir-
ginia statute which provided in part that:

The governor may, by executive order, with the
written consent of the civil service commission
and the appointing authority concerned add to
the list of persons in the classified service...

Therefore, the order was based upon statutory authority.

372

Decisions by federal courts have followed this general pattern.
In Independent Meat Packers Ass'n v. Butz, 526 F 2d. 228 (1975) the plaintiffs
sought to challenge federal regulations on the grounds that they failed to con-
sider inflation-related factors as required by an executive order issued by the
President. The order stated that it was based upon the "laws and Constitution
of the United States". The court held that the order had no legal effect because
it was "a managerial tool for implementing the President's personal economic poli-
cies". Similarly, in Manhattan-Bronx Postal Union v. Gronowski, 350 F 2d. 451
(1965), the court refused to enforce a Presidential order requiring the recognition
of employee organizations. The court viewed the order, which grew out of a federal
task force on management-employee relations, as the President's personal policy of
enhancing the attractiveness and efficiency of federal employment.

Other Presidential Orders, however, have been held to have the effect
of law. In Farmer v. Philadelphia Electric Co., 320 F 2d. 3 (1965), an employee of
a government contractor brought action claiming that his employer had violated an
anti-discrimination provision of a contract with the U. S. government. The con-
tract provision was based upon an Executive Order. The court held that the order
had the force and effect of law because it was issued pursuant to the Federal Prop-
erty and Administrative Services Act of 1949 which authorized the President to
issue directives as he deemed necessary to effectuate the Act. See, 40 U.S.C.
Sec.486(a) and (c). It is important to note that the executive order in question
went beyond a statement of policy and required specific action by federal agencies.
Other cases holding executive orders requiring government contractors to adhere to
policies of non-discrimination to have the force of law are Legal Aid Society of
Alameda County v. Brennan, 381 Fed. Supp. 125 (1974), Farkas v. Texas Instruments,
inc., 325 F 2d. 629 (1967), and U.S. v. Duquesne Light Co., 423 Fed. Supp. 507 (1976).

Even when an executive order has the force and effect of law there is
a conflict on the issue of the order's enforceability by a member of the public.
In Farmer v. Philadelphia Electric Co., supra, the court stated that the order in
question did not confer a private remedy. However, the court also ruled that the
plaintiff would have to seek administrative relief first and, therefore, did not
completely foreclose the possibility of judicial relief. The plaintiffs in Farmer
sought relief against a government contractor. In Legal Aid Society of Alameda
County v. Brennan, supra, the plaintiffs sought relief not against a government
contractor but against federal officials. The court distinguised Farmer on this
basis and held the private mandamus action to be proper. Farkas v. Texas Instrument
Inc., supra, also involved an action against a government contractor. The right
to bring the action was denied based upon the holding in Farmer. In Gnotta v.
United States, 415 F 2d. 1271 (1969) the plaintiff claimed discrimination in viola-
tion of executive orders and brought action for damages against the federal govern-
ment, his employer. The court held that the action should be dismissed because
the language of the executive order did not "speak in terms of money damages".

On the other hand in Chambers v. U.S., 451 F 2d. 1045 (1971) the U.S.
Court of Claims permitted an action for back pay by an individual who had been
denied an equal opportunity for employment in violation of an executive order.
The Court of Claims rejected the reasoning set forth in Gnotta, supra, and held

373

that the federal Administrative Procedure Act provided the plaintiff with the
right to seek judicial review of an administrative action. In Brookhaven Housing
Coalition v. Kunzig, 341 Fed. Supp. 1027 (1972) the plaintiffs sought to enforce
an executive order directing the Government Services Administration to be guided
by the availability of low and moderate income housing in selecting federal build-
ing sites. The court stated:

The Executive Order, having been issued and pub-
lished by the President pursuant to statutory
authority, is not a mere internal housekeeping
arrangement, as asserted by defendants. Private
citizens have a right to review compliance with
both statutes and regulations... . This is a
specific application of the general principle
that government agencies may be required to live
up to their own rules.

Based upon an analysis of the cases discussed above, it appears that
the Secretary of the Department of Natural Resources and/or the Governor may issue
orders which are legally enforceable. First, as was discussed above, there is
sufficient statutory authority for orders detailing the procedures to be followed
by Maryland agencies in implementing the State's management program. The enforce-
ability of such an order depends upon the order's specific terms. If an order simply
provides a general statement of policy with regard to Maryland's coastal zone manage-
ment program it is unlikely that it would be subject to judicial review. If,however,
an order sets forth specific procedures and steps which must be followed in implement-
ing the program, the order would be enforceable.

While this conclusion as to the enforceability of a secretarial order is
based upon the decisions cited above, the conclusion with regard to orders issued by
the Governor is reinforced by the language of Article II, Section 24 of the Maryland
Constitution. This section provides that an executive order which is submitted to the
General Assembly because of an inconsistency with existing law shall "have the force
of law on the date designated in the Order unless specifically disapproved" by the
General Assembly. While Section 24 does not specifically provide that executive or-
ders consistent with existing law have the force of law, we believe such an intent
to be implicit. The phrase "force of law" is used only in conjunction with orders
submitted to the legislature because the date on which such orders become legally
effective would otherwise be unclear.

In addition, a third party could bring legal action to require compli-
ance with the procedures established by executive order. If an individual were a
party to a "contested case" the right to judicial review would be provided by Article
41, Section 255 of the Maryland Code (the Maryland Administrative Procedure Act).
For example, if the Department of Natural Resources denied an application for a permit
to dredge private wetlands without determining the consiE-,tency of the application
with the coastal zone program as required by executive order, the applicant could
appeal the final administrative decision of the Department pursuant to Section 255.

374

The right to seek judicial review, however, is not limited to contested
cases. The Maryland Court of Appeals has long recognized that courts have an in-
herent power to review certain administrative actions. In Hecht v. Crook, 184 Md.
271, the Court stated:

Courts have the inherent power, through writ of
mandamus, by injunction, or otherwise, to correct
abuses of discretion and arbitrary, illegal,
capricious or unreasonable acts; but in exercising
that power care must be taken not to interfere with
the legislative perogative, or with the exercise
of sound administrative discretion... .

Also, see, Criminal Injury Compensation Board v. Gould, 273 Md. 486 (1975). This
inherent power could be used to require Maryland agencies to follow mandatory pro-
cedures established by executive order.

In order to seek judicial review, an individual must have standing,
which has been discussed above in Section III in the context of conflict resolution.

G. Memoranda of Understanding

The enforceability of a Memorandum of Understanding (MOU) is basically a
question of contract law. Therefore, the first question to be resolved is whether
state agencies are legally authorized to contract with one another. The statutory
basis for agreements between agencies is provided by Article 41, Section 12:

The heads of the principal departments shall, under
the direction of the Governor, be responsible for the
coordination of programs and activities within and
between principal departments for the elimination
and prevention of duplication and overlapping of
programs, activities, and services within and among
their respective departments.

Clearly, MOU's defining the roles of state agencies within the coastal zone manage-
ment program are a principal means of fulfilling the responsibilities mandated by
Section 12.

Whether MOU's are enforceable depends upon two factors: (1) are the
obligations created by the MOU certain? and (2) is there mutuality of obligation?
In Strickler Engineering Corps. v. Seminar, Inc., 210 Md 93 (1956), the Court of
Appeals stated:

In order to constitute a valid verbal or written
agreement the parties must therein express them-
selves in such terms that it can be ascertained
to a reasonable degree of certainty what the
agreement meant.

On the other hand courts do not favor the destruction of contracts because of un-
certainty. See, L & L Corporation v. Ammendale, 248 Md. 380 (1968). Applying these
standards to the MOU which has been signed by the Secretaries of Natural Resources

375

and State Planning, it is clear that specific obligations have been created.
Some of the obligations are necessarily set forth in general terms. For example,
the Department of State Planning "agrees to utilize the goals and objectives of
the Coastal Zone Management Program, once approved, in the execution of the De-
partment's mandated duties... ." This obligation cannot be phrased more specific-
ally because the exact manner in which the program's goals and objectives will be
used must be determined on a case by case basis. The fact that the obligation is
defined in general terms does not render the obligation uncertain.

Other objectives established by the MOU are more specific. For ex-
ample, the Department of State Planning has agreed to give DNR access to the Mary-
land Automated Geographic Information System and DNR has agreed to provide tech-
nical advice to DSP in any intervention action brought by DSP concerning Maryland's
coastal resources. We believe the obligations of DNR and DSP have been defined with
sufficient specificity that the obligations are legally enforceable.

The MOU between the two agencies also creates mutual obligations.
Mutuality of a contract means an obligation on each of the parties thereto to do,
or permit to be done, something in consideration of the act or promise of the other.
Mutuality does not imply that every stipulation in the contract be absolute and un-
qualified. See, Spear v. Orendorf, 26 Md. 37 (1866). The MOU between DSP and DNR
clearly creates obligations on the part of both agencies. The mutuality of the agree-
ment is unquestionable.

Given that Maryland agencies have authority to enter into MOU's and that
such agreements will be enforceable if they create obligations which are certain and
binding upon both agencies, the question of who could bring action to enforce the
terms of a MOU must be addressed. Prior to July 1, 1976, Maryland agencies were pro-
tected from suits on contractual matters by sovereign immunity, University of Mary-
land v. Maas, 173 Md. 554 (1938). However, Chapter 450 of the Acts of 1976 waived
sovereign immunity from actions in contract. Article 41, Section 1OA(a) now provides:

Unless otherwise specifically provided by the
laws of Maryland, the State of Maryland, and
every officer, department, agency, board, com-
mission, or other unit of State government may
not'raise the defense of sovereign immunity in
the courts of this State in an action in con-
tract executed on behalf of the State, or its
department, agency, board, commission, or unit
by an official or employee acting within the
scope of his authority.

Given the language of Section 10A there is no legal prohibition to a
suit by an agency to enforce the terms of an MOU with another state agency. An
MOU would constitute a written contract executed on behalf of a state agency by an
official acting within the scope of his authority.

376

The fact that DNR could bring legal action meets the requirements
of the federal coastal zone management regulations. Section 923.42(d)(5) of
those regulations provides that interagency agreements will be considered enforce-
able if the State agency designated pursuant to Section 306(c)(5) of the Federal
Coastal Zone Management Act can bring action to ensure compliance. DNR, the
designated agency, would be a party to all MOU's and could bring the necessary
action.

Whether a member of the public could exercise the rights of a third
party beneficiary and bring action to enforce an MOU is difficult to answer because
of the absence of case law on the question of contracts between governmental agencies.
One case providing some guidance is Martinez v. Socoma Companies,.Inc., 521 P. 2d
841 (1974), in which individuals sueTto enforce a contract between private corpora-
tions and the federal government whereby the corporations agreed to train and hire
the hardcore unemployed. The plaintiffs were unemployed residents of East Los
Angeles who had been certified as eligible for funding. The majority opinion
applied Section 145 of the Restatement of Contracts which provides as follows:

A promisor bound to the United States or to a State
or municipality by contract to do an act or render
a service to some or all of the members of the public,
is subject to no duty under the contract to such
members to give compensation for the injurious con-
sequences of performing or attempting to perform
it, or of failing to do so unless,

(a) an intention is manifested in the contract, is
interpreted in the light of the circumstances
surrounding its formation, that the promisor
shall compensate members of the public for such
injurious consequences, or
(b) the promisor's contract is with a municipality
to render services the non-performance of which
would subject the municipality to a duty to pay
damages to those injured thereby.

The opinion held that there was no intention to compensate members of the public. A
dissenting opinion reasoned that Section 145 did not apply because the contract was
intended to benefit a particular class of individuals rather than the public gen-
erally. The dissenting judge found the plaintiffs to be express beneficiaries and
would have allowed the action under Section 133 to the Restatement, which grants
third party beneficiary status to creditors and donee beneficiaries.

It should be noted that Section 145 contemplates payment of damages
to members of the public whereas an action to enforce an MOU would seek specific
performance. However, Section 145 seems applicable to MOU's in that such agree-
ments are intended to benefit the general public rather than a specific class or
group. Assuming that Maryland courts would follow the Restatement, third parties
could seek to enforce MOU's if the agreements specifically grant the MOU's which
have been signed by the Department do not contain such a provision.

377

The relevancy of the Restatement of Contracts and the majority
opinion in Martinez have been criticized in the Harvard Law Review (88:646
(1974)). That article suggests that rather than applying the Restatement of
Contracts, courts should consider the policy objects intended to be accom-
plished through the contract

This method of deciding whether to allow a third
party action under a government contract would be
.analogous to that followed in courts in deciding
whether to imply a private right of action from a
statute. When implying a private right of action,
courts have carefully considered the impact of an
additional remedy in the hands of private parties
on the legislative policy underlying the statute.
Courts tend to imply a right of action when there
is evidence that existing remedies are inadequate
and that additional remedies would increase the
likelihood of compliance and afford direct relief
of a class which the legislature wished to protect.
Strong arguments against allowing such a right arise
when it would interfere with the policy goals of
the legislature by imposing disproportionate
liability or impinging excessively on administra-
tive discretion.

Applying this reasoning to MOU's, an argument can be made that members of the
public should be able to bring legal action to require compliance with the pro-
visions of MOU's. Such an action would be unlikely to result in excessive or
unforeseen damage claims and thus a principal objective Section 145 of the Re-
statement would be accomplished. In addition, such actions would serve to further
the policies incorporated within the coastal zone management program. However,
whether the Maryland courts would follow this approach cannot be determined.

It is also possible that the Maryland Administrative Procedures Act,
Article 41, Section 244, et seq. could be used by members of the public to enforce
MOU's. If an administrative agency made a final decision in a contested case in a
manner which is inconsistent with the agency's contractual obligations as set forth
in an MOU, the agency's non-compliance could become an issue if the decision is sub-
jected to judicial review. In our opinion, it would be more likely for third parties
to use this mechanism to enforce the procedural requirements established by MOU's
rather than to enforce any substantive requirements. It is unlikely that an MOU
would be sufficiently specific to dictate the decision an agency would,make in any
particular factual situation.

While one cannot predict how Maryland's Courts would react to the
questions of the enforceability of MOU's by third parties, there is some basis
for believing that third party actions would be allowed. The success of such
actions would be increased if the MOU's specifically recognized the right of the
public to bring thrid party actions.

378

H. Conclusion

Three principal factors will serve to bind Maryland's diverse legal
authorities together to ensure the proper implementation of the State's coastal
zone program. First, the Maryland Environmental Policy Act specifies that
statutes and rules and regulations shall be interpreted in light of policies
which are fully consistent with the goals and objectives of Maryland's program.
Second, Maryland's executive agencies answer directly to the Governor who is
responsible for overseeing the implementation of state policy. Third, there is
a legal basis for enforceable executive orders and interagency memoranda of under-
standing which can specifically address the needs of the Maryland program. These
factors will ensure the success of Maryland's "networking" approach to coastal
zone management.

VI Uses of Regional Benefit

A. Introduction

Section 306(e)(2) of the federal Coastal Zone Management Act requires
that Maryland provide a method for assuring that local land and water use regula-
tions do not unreasonably restrict or exclude land and water uses of regional bene-
fit. Maryland has identified the following uses of the coastal zone to be of
regional benefit: power plants and associated transmission lines; wastewater treat-
ment plants; recreational facilities; and transportation systems. These are dis-
cussed in Chapter VI. This section discusses how the various legal authorities
mentioned above can be used to prevent these uses of regional benefit from being
unreasonably restricted by local government.

B. Power Plants and Associated Transmission Lines

In Maryland, local governments have no direct control over the siting
of electric generating facilities. Natural Resources Article, Section 3-306.1
provides that sites acquired and placed in the state power plant site inventory

... shall be used and operated for electric generating
and associated on-site transmission purposes without
regard to any local zoning rule, regulation, law, ordi-
nance, and this use is not required to be submitted to
or approved by any county or municipal zoning board,
authority, or unit.

Article 78, Section 54A authorizes representatives of local governing bodies to sit
with the Public Service Commission during hearings on proposed facilities. This
right, however, does not provide any basis for local governments to unreasonably
exclude power plants from the coastal zone.

In addition, Natural Resources Article, Section 3-305 directs the De-
partment of Natural Resources to acquire in the name of the State a sufficient
number of power plants to satisfy projected electric demands. Such sites are also
exempt from local regulation. Section 3-305 also provides that following site

379

acquisition, the Secretary of Natural Resources and the governing bodies of any
area through which a generator lead may pass shall mutually designate one or more
desireable generator lead routes. After designation, each county through which
the lead passes must designate the proposed utility corridor "by enactment of an
ordinance or by incorporation in its appropriate land use plan". These provisions
protect the viability of sites acquired by the state.

Although transmission lines are subject to local zoning controls, the
lines are generally permitted as a special exception. An applicant for a special
exception must demonstrate a need for the proposed facility. See, Linky Stores
Inc. -\;,. Board of Appeals of Montgomery County, 270 Md. 513 (1973). In the case
of transmission lines, need is demonstrated by the issuance of a certificate of
public! convenience and necessity by the Public Service Commission. It would be
virtually impossible for local government to refute the conclusions of the Com-
mission as to need for a particular line. In addition, although there are no Mary-
land cases on point, political subdivisions may not use zoning regulations to
totally exclude transmission lines. In Consolidated Edison Co. v. Village of
Briarcliff Manor, 144 N.Y..S. 2d 379 (1955) a New York court held that an electric
company has a public duty to provide electricity and, therefore, may not be totally
prohibited from constructing electric lines. The court also reasoned that such an
exclusion is an improper use of the police power because it is contrary to the
public interest. Electric companies licensed in Maryland have the same obligation
to provide service and there is very little question that the Maryland courts would
not follow the holding of Consolidated Edison. The intervention authority of the
Department of State Planning provide the state with a basis for challenging any
attempt to use zoning to improperly regulate transmission lines.

C. Wastewater Treatment Plants

Several factors exist which assure that local governments do not unreason-
ably restrict the construction of sewage treatment plants. First, as discussed
above, Article 43, Section 387C requires counties to prepare water and sewer plans
and to submit such plans to the Department of Health and Mental Hygiene for approval.
Water and sewer plans must:

(1) Provide for the orderly expansion and extension of
community and multiuse water supply systems, community
and multiuse sewerage systems and solid waste disposal
systems in a manner consistent with all applicable county
and local comprehensive land use plans and sizing and
staging of facilities construction shall be consistent
with these plans.

and

(2) Provide for adequate sewage treatment facilities
which will prevent the discharge of untreated or inade-
quately treated sewage or other waste of a liquid nature
into any waters, or otherwise provide for the safe and
sanitary treatment of sewage and other liquid waste.

See Article 43, Section 387C(b)(4). These provisions impose an affirmative duty
to provide sewage facilities in a manner consistent with the county's comprehensive

380

development plan. Plans which do not meet these criteria may be disapproved
by the Department of Health and Mental Hygiene. Disapproval of a plan could
have serious consequences for a local government as water supply systems, sewage
treatment systems, subdivision approvals and building permit approvals must con-
form to an approved plan. Thus, there is a strong incentive for counties to plan
for adequate sewage treatment facilities.

60 Opinions of the Attorney General 508 (1975) discusses the fact that
local governments may control access to sewage treatment facilities in order to
control development. That opinion, however, also states that access restrictions
may not be used to stop development on a permanent basis. A failure by local
government to provide sufficient treatment facilities to allow for controlled
growth would be subject to challenge on constitutional grounds.

If local regulations unreasonably restricts the construction of sewage
treatment facilities, the State can act to provide such service directly. Natural
Resources Article, Section 3-104 authorizes the Maryland Environmental Service to
acquire, construct and operate sewage treatment facilities. MES may exercise
eminent domain in connection with providing such service. In utilizing its author-
ity MES would not be subject to any local controls.

D. Recreational Facilities

The State has broad authority to provide recreational facilities and
state-owned facilities are not subject to local regulation. In addition, the State

retains control over recreation projects owned and operated by local governments
which are funded by Program Open Space-

The Department of Natural Resources may acquire property for recreational
purposes by purchase or condemnation (Article NR, Sec. 5-208). State funds have
been used to acquire and develop different types of facilities including open space
areas, camping facilities, beaches and boat launching areas. All navigable waters
of the state are held in trust by the state for the benefit of the general public.
The authority to regulate the use of these waters rests with the state.

As discussed above, one half of the funds available under Program Open
Space are to be made available to local governing bodies for the acquisition and
development of land for recreational and open space purposes (Article NR, Sec.5-903).
Before making funds available for a specific project, the Department of Natural
Resources requires the recipient of funds to sign a management agreement. The agree-
ment requires the project to be properly maintained, to be open to the public in a
non-discriminatory basis and to restore the project in the event it becomes unusable.
Furthermore, no property acquired under Program Open Space may be converted to an-
other purpose without the written approval of the Secretaries of Natural Resources
and State Planning. As a prerequisite to such approval, the local governing body
must replace the land with property of at least equivalent area and equal recreation
or open space value (Article NR, Sec. 5-906).

The availability of Maryland's Atlantic Ocean beaches for recreational
purposes is assured by Natural Resources Article, Section 8-1105.1 which prohibits
any construction activity in the area between the ocean and the crest of the natural
dune on Assateague Island.

381

E. Transportation Facilities

The ability of local governments to prevent the development of regional
highway systems is pre-empted by state controls. The State Highway Administration
is responsible for constructing and maintaining an adequate highway system (Trans-
portation Art., Sec. 8-204) and also administers the road systems of Cecil, Kent,
Talbot, Calvert, Charles and St. Mary's Counties. Activities of the Administration
are not subject to local control or regulation.

The Maryland Port Administration is authorized to acquire, construct
and operate port facilities within its territorial jurisdiction. The Authority of
the Administration to acquire property is limited by Transportation Article, Section
6-304 which specifies that property may not be acuired by purchase or condemnation
without the consent of the political subdivision in which the property is located.
It should be noted, hwoever, that this limitation does not apply to lands beneath
the navigable waters of the State. Such lands are owned by the state and their use
by the Port Administration does not require local approval. Furthermore, local
approval of an Administration request to use fast lands may not be denied. Unreason-
able -decisions by local government could be challenged either by the Port Administra-
tion directly or by the Department of State Planning exercising its right of inter-
vention. What would constitute an "unreasonable" decision is in further discussed
below.

The State Aviation Administration is responsible for encouraging and
establishing airports, airport facilities and air navigation facilities. The Ad-
ministration may acquire property by purchase or condemnation and may establish and
operate airports in the name of the state (Transportation Art., Sec. 5-404 and 5-405).
The construction and operation of state facilities is not subject to local approval
or regulation.

The Mass Transit Administration has jurisdiction within Baltimore City
and Baltimore and Anne Arundel Counties. Within this area, the Administration may
acquire property including land and rolling stock, terminals and other facilities
(Transportation Art., Sec. 7-401). The Administration may operate any facilities
it owns (Transportation Art., Sec. 7-501) and its operations would not be subject to
local control or regulation.

F. State-Intervention

The Department of State Planning's intervention authority has been dis-
cussed in detail in Section II C of this Chapter. This authority will be useful in
challenging local land and water use decisions which disregard regional concerns.
Article 88C, Section 2 authorizes the Department to file a formal statement of en-
vironmental or economic impact expressing the views of the State. Such a statement
could include an analysis of the regional benefits of a specific proposal being con-
sidered by a local government and submission of the statement would require local
consideration of those benefits. A local decision which fails to give consideration
to the administrative record, including the statement, would be subject to attack as
being unreasonable. Thus the state's intervention authority ensures that local
governments cannot unreasonably deny uses of regional benefit.

382

G. Maryland's Definition of "Unreasonable" Local Restrictions

Section 923-43 of the federal Coastal Zone Management regulations specify
that if a state relies upon administrative and/or judicial challenges to unreasonable
local decisions excluding uses of regional benefit, the state must define what con-
stitutes an "unreasonable" restriction. Maryland will consider local restrictions
to be unreasonable if:

(1) The restrictions are based upon quasi-judicial
decisions which either do not fully consider the ad-
ministrative record or are not supported by substantial
evidence;

(2) The restrictions are based upon a legislative act
which does not bear a reasonable relationship to the
general public interest in promoting the public health,
safety and welfare.

The basis for this definition is decisions by the Maryland Court of
Appeals. That Court has stated repeatedly that administrative decisions which are
quasi-judicial in nature must be supported by substantial evidence. A decision is
supported by substantial evidence if "a reasoning mind could have reached the factual
conclusion the agency reached", see, Insurance Commissioner v. National Bureau, 248
Md. 292, 236 A 2d. 282 (1967) and State Department of Health v. Walker, 238 Md. 512,
209 A 2d. 555 (1965). A decision which does not consider the whole administrative
record would be unreasonable. See, Insurance Commissioner, supra. The Court of
Appeals has also held that legislative acts will be struck down as being unreasonable
or arbitrary and capricious when the statute does not "bear a real and substantial
relation to the public health, morals, safety and welfare of the citizens of the
State." See, Steuart Petroleum Co. v. Board, 276 Md. 435, 347 A 2d. 854 (1975).
It should be noted, however, that a legislative body has considerable discretion
in determining what the public welfare requires and what measures are necessary for
the promotion of the public welfare. See, Maryland Coal and Realty Co. v. Bureau
of Mines, 193 Md. 627 (1949).

The ability of the State to challenge local restrictions which do not
comply with this definition of reasonableness has been discussed in the context of
the Department of State Planning's intervention authority.

H. Conclusion

This section demonstrates conclusively that Maryland may act to prevent
local governments from unreasonably limiting those uses of the coastal zone which
have been identified as being of regional benefit. The state may act to provide
facilities directly in the case of power plant sites, wastewater treatment plants,
recreational facilities, roads, airports, port facilities and mass transit. The
ability to provide these services directly is supplemented by the Department of
State Planning's ability to intervene in local proceedings and to challenge local
decisions which fail to meet the standards of unreasonableness set by the Maryland
courts.
0

383

VII Conclusion

The federal Coastal Zone Management Act specifies that before Maryland's
program may be approved there must be a determination that the state has suffi-
cient authority to: (1) administer land and water use regulations and control
development in conformance with the policies of the program; (2) resolve conflicts
among competing uses; (3) acquire interests in land and waters as necessary to
achieve program objects; and (4) prevent local regulations from unreasonably re-
stricting land and water uses of regional benefit. In addition, because Maryland
has no comprehensive coastal zone legislation and will rely upon a number of state
agencies to implement the program, Maryland must show that it has the legal capacity
to "'network" together these authorities which will be used.

The control technique which Maryland will primarily utilize will be direct
planning and regulation of land and water uses. Maryland has a broad variety of
statutes controlling development and all activities within the coastal zone. These
authorities must be interpreted in light of the policies and objectives of the Mary-
land. Environmental Policy Act. Furthermore, the Maryland Courts have recognized
that. the police powers may be used broadly to protect the natural resources of the
state. Together, these laws give Maryland more than adequate control over her
coastal resources.

Maryland also possesses a broad variety of mechanisms to resolve competing
uses of the coastal zone. Intra- and inter-agency disputes may be resolved because
of the strong powers vested in departmental Secretaries and the Governor. Conflicts
between agencies and citizens or local government will be resolved through the ad-
ministrative and judicial review process and state-federal differences through the
consistency provisions of the federal act.

Authority to acquire interests in lands and waters is vested primarily within
the Department of Natural Resources. The State, of course, owns all lands and waters
below mean high tide. The Department of Natural Resources may acquire land for
recreational, fishery, wildlife, conservation and power plant siting purposes. Other
state agencies may act to preserve historical sites and agricultural land. In addi-
tions, many land acquisition programs are financed by special funds. The ability of
the state to prevent local governments from unreasonably restricting land and water
uses of regional benefit is assured both by the authority of the state to provide
services directly and without being subject to local controls and by the authority
of the state to challenge the decisions of local government which are unreasonable.

Maryland's ability to network its legal authority together is based upon a
number of factors. First, there is the leadership role provided by the Governor's
office and his authority to issue executive orders. This is supplemented by the
authority of departmental secretaries and the ability of agencies to utilize memo-
randa of understanding to establish formal working relationships. Finally, there are
the legislative mandates of the Maryland Environmental Policy Act directing all
state agencies to work together towards common objectives.

Together these authorities ensure that Maryland's Coastal Zone Management Pro-
gram can be implemented in a manner which is fully consistent with all applicable
federal laws and regulations.

384

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