(a) Scope. This section applies to all marina development in a buffer modification area.
(b) Criteria. Within a buffer modification area in a marina, development shall comply with the following criteria:
(1) New building footprints and new lot coverage shall maximize and enhance the environmental features in the buffer modification area and be at least 25 feet from the landward edge of mean high tide and tidal wetlands.
(2) Mitigation for all new development within the buffer modification area shall consist of:
(i) vegetated buffer at least 25 feet wide and no less in area than the square footage of the new building footprint and new lot coverage within the buffer modification area;
(ii) removal of lot coverage in the 25’ buffer in an amount equal to lot coverage added; or
(iii) a combination of (i) and (ii) above.
(3) Existing native vegetation may not be removed from the buffer modification area except in accordance with an approved buffer management plan.
(4) Mitigation for replacement development for an existing structure where existing coverage is not increased shall be at 25% of the existing coverage.
(5) A marina that relocates legal lot coverage from the buffer modification area to an area outside the buffer modification area, without creating additional lot coverage overall, is not subject to the 10% reduction requirement contained in § 17-8-403(2) for the relocation.
(6) A marina that constructs improvements on top of existing legal lot coverage outside the buffer modification area is not subject to the 10% reduction requirement contained in § 17-8-403(2) for the relocation if the marina is a certified Clean Marina by the Maryland Department of Natural Resources at the time of the application.
(Bill No. 93-12; Bill No. 110-21)