(a) If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8–1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.
(b) Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission’s members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.
(c) If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.
(d) If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8–1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.
Structure Maryland Statutes
Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program
Section 8-1801 - Declaration of Public Policy
Section 8-1802 - Definitions; Parties Subject to Obligation Imposed by Subtitle
Section 8-1804 - Composition, Compensation, Terms, Vacancies, and Quorum of Commission
Section 8-1805 - Commission Staff
Section 8-1806 - Powers of the Commission
Section 8-1807 - Chesapeake and Atlantic Coastal Bays Critical Areas
Section 8-1808 - Program Development
Section 8-1808.1 - Growth Allocation in Resource Conservation Areas
Section 8-1808.2 - Intrafamily Transfers
Section 8-1808.3 - Lot Coverage Limitation
Section 8-1808.4 - Structures on Piers
Section 8-1808.5 - Community Pier in Buffer
Section 8-1808.6 - Credits to Applicants Who Minimize Adverse Impact
Section 8-1808.7 - Commercial Timber Harvest
Section 8-1808.8 - Local Critical Area Protection Program
Section 8-1808.9 - Provisions Applying a Buffer to Perennial and Intermittent Streams
Section 8-1808.10 - Minimum Buffer
Section 8-1808.11 - Erosion Control
Section 8-1809 - Approval and Adoption of Program
Section 8-1810 - Programs Adopted by Commission
Section 8-1811 - Project Approval
Section 8-1812 - Commission Chairman; Authority Regarding Judicial Proceedings
Section 8-1813 - Prior Project Approval
Section 8-1813.1 - Single Family Dwelling; Definitions; Alternative Buffer
Section 8-1814 - Commission Approval of Certain Projects; Applicability of Other Laws
Section 8-1815.1 - Cutting or Clearing Trees
Section 8-1816 - Commission to Prepare Report
Section 8-1817 - Commission Report on Chesapeake Bay Critical Area