Code of Maryland Regulations Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Here’s an overview of COMAR Title 27 – the regulations adopted by the Critical Area Commission for the Chesapeake & Atlantic Coastal Bays 🌊:
📘 Structure of Title 27
COMAR Title 27 is organized into Subtitles 01–03, which cover:
Subtitle 01 — Criteria for Local Critical Area Program Development
Sets minimum standards for local jurisdictions to control development in the Critical Area. It includes chapters on:
General provisions, land‐use classifications, water‐dependent facilities, shoreline stabilization, forest and woodland protection, agriculture (BMPs), surface mining, habitat protection, buffer management, variances, renewable energy, map updates, and direct growth regulation (regulations.justia.com, resourcecenter.transect.com).
Subtitle 02 — Development in the Critical Area
Defines rules for Intensely Developed Areas (IDA), Limited Development Areas (LDA), Resource Conservation Areas (RCA), growth allocation, grandfathering, lot consolidation, environmental reporting, etc. (law.cornell.edu).
Subtitle 03 — Project Applications
Covers procedural rules for submitting and reviewing development applications under the Critical Area program.
🔍 Key Highlights from Subtitle 01
• Buffer & Habitat Protection
Habitat Protection Areas must be preserved via buffer management and planting standards (e.g. prohibiting new lawn in the buffer, requiring native plantings) (regulations.justia.com, regulations.justia.com).
• Nonwater‑Dependent Projects
Strict prohibition of nonwater‑dependent development on wetlands within the Critical Area unless:
A local program amendment approved by the Commission explicitly allows it, and
It meets conditions like being small-scale, secondary to an existing facility, in intensely‑developed zones, pier restrictions, etc. (dnr.maryland.gov, coast.noaa.gov).
• Agriculture
Defines “Agricultural BMPs” and requires best management practices on farms (e.g. cover crops, riparian buffers) .
• Growth Allocation / Environmental Reports
Local jurisdictions must prepare growth allocation reports when converting lands to IDA/LDA, including details like acreage, lot coverage, tree clearing, stormwater management, pollutant-reduction plans, buffer/habitat plans, and afforestation commitments (law.cornell.edu).
📊 Subtitle 02 – Development Zoning & Regulations
IDL, LDA, RCA definitions and development standards, including allowances, lot coverage, grandfathering, etc. (law.cornell.edu).
The chapter on Growth Allocation (27.01.02.06) was amended effective January 20, 2025, updating submission requirements and environmental reporting obligations (law.cornell.edu).
🛠️ Where to Find the Official Text
You can reference the full, up-to-date regulations through:
The Maryland Department of Natural Resources (DNR) website (e.g. PDFs for draft or effective regulations).
Justia or Cornell LII, which host annotated versions, though they may lag a bit. (dnr.maryland.gov).
✅ Summary
If you're working in Maryland's Critical Area, Title 27 provides:
Core standards for local Critical Area programs (land-classifications, buffers, habitat, water-dependent use, BMPs).
Development rules tied to IDA/LDA/RCA and governing permissibility, lot coverage, and grandfathering.
Processes for proposing projects, obtaining variances, updating maps, and growing allocations, supported by detailed environmental reporting.
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