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Wetlands Case No. 87-WL-0163
Page 8
to its relatively good condition would continue to preclude
public use for many years to come. Therefore the public
access/recreation issue is moot relative to the existing pier.
In consideration of the fact that the site is presently
dilapidated, has not served as a maritime pier for several
years, and would be supported by current economic conditions,
it appears reasonable to allow the proposed improvements.
During the 1989 session of the Maryland General Assembly,
legislation dealing with non-water dependent structures on
piers was considered and Chapter 794 was passed. This Law
prohibits the issuance of a wetland license or permit for any
project involving the construction of non-water dependent
structures on piers located in wetlands, generally under the
following provisions:
1. The project is constructed on a pier in existence prior
to December 1, 1985;
2. The project does not reguire an expansion of the pier
greater than a maximum of 35% of the water coverage
eliminated by removal of other piers;
3. The project is approved by local planning and zoning
authorities;
4. The project is located in an intensely developed area as
designated by the local jurisdiction's Critical Area
Program;
5. The project allows public access to tidal water;
6. The project will not have a long term adverse impact on
water quality in accordance with the local jurisdiction's
Critical Area Program;
7. Water quality of existing stormwater runoff would be
improved by 10% in accordance with the local
jurisdiction's Critical Area Program; and
8. Sewer and other utility lines will not adversely affect
the water quality of adjoining waters in accordance with
the local jurisdiction's Critical Area Program.
The proposed project will meet all of these conditions.
The City of Baltimore advised the Department in a letter dated
June 22, 1989 that the project plans conform to the City's
guidelines for pier development and are ready to be approved
for building permits following final State approval, and
completion of the Critical Area Program requirements, such as
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