Code of Maryland Regulations

CODE OF MARYLAND REGULATIONS
TITLE 08
DEPARTMENT OF NATURAL RESOURCES
SUBTITLE 15 YOUGHIOGHENY WILD RIVER CHAPTER 02 PERMITTED USE AND DEVELOPMENT

.01 Activity, Use, and Development Regulations.
A. Unless otherwise provided by law or in this subtitle, land, buildings, or structures located or to be located within the scenic corridor may not be used or developed except as permitted by this subtitle in the zone within which the land, building, or structure is located.
B. Unless otherwise provided by law or in this subtitle, commercial activity may not take place on land or water within the scenic corridor except as permitted by this subtitle.
C. In addition to any criminal penalties provided in Natural Resources Article, §8-2001, Annotated Code of Maryland, failure to comply with these terms and conditions of any permit issued pursuant to this subtitle may result in the revocation of the permit or refusal to renew or reissue a subsequent permit.
D. A person applying for a use or activity permit may be denied a permit if the applicant has been convicted of violation of a law or regulation implemented or enforced by the Department within the 3 years before submission of the application.
E. A person who has been issued a use or activity permit pursuant to this subtitle who is convicted of a violation of a law or regulation implemented or enforced by the Department is subject to revocation of the permit.
.02 Approval for Use and Development.
A. Unless otherwise exempted under §E of this regulation, before any person begins or modifies any use or development permitted by these regulations, the person shall first submit a completed application for a use or development permit to the Department and obtain its approval.
B. The application shall:

(1) Be on a form provided by the Department; and
(2) Include a map showing the area of the scenic corridor directly affected by the proposed use or development.
C. The person requesting approval for the proposed use or development shall submit any additional information the Department considers necessary to insure an adequate evaluation of the application.
D. The Department shall deny the use or development permit or issue it with or without conditions and restrictions after consideration of:

(1) Impacts the proposed use or development will have on the aquatic resources of the wild river;
(2) Impacts the proposed use or development will have on the riverine resources of the wild river;
(3) Concerns of the private landowners in the scenic corridor who may be affected by the proposed use or development;
(4) Any affect the proposed use or development may have on the wild character of the wild river and the scenic corridor; and
(5) Any affect the proposed use or development may have on visitor experience on the wild river or within the scenic corridor.

E. An application need not be submitted, and approval is not required, for:

(1) Placement of signs pursuant to Regulation .14 of this chapter;
(2) Operation of a home professional office and home occupation pursuant to Regulation .04 of this chapter;
(3) Change of interior color and interior configuration of structures;
(4) Routine maintenance (such as painting) of structures that does not increase the visibility of the structure from the river; or
(5) Minor changes in road alignment or other routine road maintenance activity that does not increase the visibility of the road from the river.

.03 Approval for Activities.
A. Unless otherwise exempted, before beginning any commercial activity by this subtitle, a person shall first submit an application for an activity permit to the Department and obtain its approval.
B. The application shall:

(1) Be on a form provided by the Department; and
(2) Include a map showing the area of the scenic corridor directly affected by the proposed activity.

C. The person requesting approval shall submit any additional information the Department considers necessary to insure an adequate evaluation of the application.
D. The Department shall deny the activity permit or issue it with or without conditions and restrictions after consideration of:

(1) Impacts the proposed activity will have on the aquatic resources of the wild river:
(2) Impacts the proposed activity will have on the riverine resources of the wild river;
(3) Concerns of the private landowners in the scenic corridor who may be affected by the proposed activity;
(4) Any affect the proposed activity may have on the wild characteristics of the wild river and the scenic corridor; and
(5) Any affect the proposed activity may have on visitor experience on the wild river or within the scenic corridor.

.04 Residential.
A. Zone 1: Single-family detached dwellings are permitted provided that each has a minimum lot area of 10 acres with a lot width of at least 600 feet. Single-family detached dwellings shall have a minimum setback of 300 feet and a building height not exceeding 30 feet and shall be designed to be subdued in appearance and unobtrusive in color to harmonize with the surrounding environment. Clearing of natural vegetation shall be limited to that necessary for construction of the dwelling unit.
B. Zone 2: The restrictions of Zone 1 apply except that the minimum lot shall be 5 acres and minimum lot width shall be 400 feet.
C. Zone 3: The restrictions of Zone 1 apply except that minimum lot area shall be 2 acres, minimum lot width shall be 200 feet, and all buildings shall have a minimum setback of 200 feet.
D. Accessory buildings are permitted in the three zones in §§A--C of this regulation in accordance with the provisions of this regulation.
E. A home professional office and a home occupation may be conducted in any residential dwelling.
.05 Logging.
A. Logging operations may be conducted in the scenic corridor if approval is obtained from the Department by the owner of the land, a lessee, or authorized agent. A request for approval may be made by submitting a harvesting plan to the Department. The harvest plan shall be on a form provided by the Department and shall contain all information needed for the Department to evaluate the proposal using the criteria specified in §D of this regulation.
B. The Department shall forward a copy of the plan to the Garrett County Forest Conservancy District Board. Upon reviewing the prepared plan, the Board shall make recommendations to the Department.
C. The Department shall approve, approve conditionally, or deny the request to conduct a logging operation within the scenic corridor.
D. The Department, in evaluating a request for a logging operation, shall take into account:

(1) The effect of the proposed harvesting plan on the scenic and wild character of the river;
(2) Whether or not the proposed harvesting plan allows sufficient natural vegetation on or near the shoreline to remain undisturbed so as to screen the logged area from the river and its contiguous shore;
(3) The effect the logging operation may have on the fish, aquatic, and riverine resources by altering the temperature of the water, causing siltation or pesticide or fertilizer contamination, or any other deleterious effect; and
(4) The use of best management practices taking into account the slope of the land to be logged and the basal area of the trees.

.06 Agriculture.
A. Normal agricultural uses are permitted in accordance with sound conservation practices and the provisions of these regulations. Agricultural buildings shall have the minimum setback required for residential buildings.
B. The Department, in evaluating a plan for the clearing of land for agricultural purposes, shall take into account the effects of the proposed clearing on the scenic and wild character of the river, and shall ensure that natural vegetation on or near the shoreline remains undisturbed so as to screen the cleared area from the river and its contiguous shore.
.07 Mining.
A. In accordance with the Wild and Scenic Rivers Act, Natural Resources Article, §8-408(b), Annotated Code of Maryland, mining of any minerals by the strip or open pit method is prohibited in the scenic corridor. This provision does not apply to areas within the scenic corridor which previously have been mined and have not been naturally or artificially reclaimed. Mining in these areas is governed by Environment Article, Title 15, Annotated Code of Maryland, and any regulations promulgated to implement Title 15 relating to strip mining.
B. Other forms of mineral extraction such as deep mining and oil and gas wells are permitted if they do not involve surface disturbance within the scenic corridor.
.08 Commercial Guiding.
A. A person engaged in commercial guiding within the Youghiogheny Wild River Corridor shall first obtain an activity permit pursuant to Regulation .03 of this chapter.
B. A person engaged in commercial guiding on lands which are within the Youghiogheny Wild River Natural Environment Area shall first obtain a permit from the park manager pursuant to COMAR 08.07.06.09.
C. Commercial fishing guides shall first obtain any other licenses or permits which may be required by the United States Coast Guard or the Department.
.09 Commercial Activities, Use, and Development.
A. Commercial activities, use, and development are prohibited in Zones 1, 2, and 3 as specified in Regulations .05--.07 of this chapter, except for the following:

(1) Guided rafting;
(2) Fishing;
(3) Hunting;
(4) Nature appreciation;
(5) Logging;
(6) Agriculture; and
(7) Mining.

B. Zone 3 is restricted to professional offices and retail businesses intended primarily for community convenience shopping and restaurants. Buildings shall:

(1) Be limited to a maximum of 2,000 square feet of floor space and a 30-foot building height; and
(2) Have a minimum setback of 200 feet.

.10 Industrial.
The commercial production, management, and sale of any goods are prohibited.
.11 Stream Alterations.
Damming, dredging, filling, channelization, or other alteration of the river or its banks is prohibited except that involving the repair of existing bridges.
.12 Alteration of Natural Vegetation.
A. Any clearing of natural vegetation other than for logging is limited to that necessary for uses and developments permitted by these regulations.
B. The Department, in evaluating a plan for the clearing of natural vegetation, shall:

(1) Take into account the effects of the proposed clearing on the scenic and wild character of the river;
(2) Insure that natural vegetation on or near the shoreline remains undisturbed to screen the cleared area from the river and its contiguous shore; and
(3) Consider the effect the clearing operations may have on the fish, aquatic, and riverine resources by:

(a) Altering the temperature of the water;
(b) Causing siltation;
(c) Pesticide or fertilizer contamination; or
(d) Any other deleterious effect.

.13 Roads.
Roads are not permitted except those necessary to reach developments permitted in these regulations. Setback lines established elsewhere in these regulations may not be crossed except where topographic conditions prevent any other access.
.14 Signs.
A. Zone 1.

(1) Signs related to any permitted use may not exceed one square foot in area except for official State and local government signs needed for identification and direction.
(2) Signs advertising property for sale or rental may be placed only on the property offered.
(3) Public interest events may be advertised with signs not exceeding 6 square feet in area on the property where the event will occur and a display is limited to a 30-day period before the event and shall be removed immediately after the event.
(4) Directional signs not exceeding 1 square foot in area may be used.
(5) Illumination of signs by lights or flashing devices is not permitted.

B. Zone 2: The restrictions of Zone 1 apply.
C. Zone 3: The restrictions of Zone 1 apply except that commercial on-premises signs are permitted and are limited to two signs per establishment, each of which may not exceed 15 square feet in area.
.15 Recreation.
A. Private or membership hunting and fishing lodges not operated commercially or conducted primarily as a business enterprise are permitted if they are located on lots of 100-acre minimum-lot area. Buildings are restricted to a:

(1) Maximum of 5,000 square feet of floor space;
(2) Maximum building height of 30 feet; and
(3) Minimum setback of 1,000 feet from the river's edge.

B. Hunting and fishing preserves and private camps operated as a commercial enterprise are permitted provided they are located on lots of 175-acre minimum-lot area. Buildings are restricted by the standards set forth in §A of this regulation.
.16 Public Lands.
These regulations also apply to public land located within the scenic corridor.

Maryland Department of Natural Resources
State Forest and Park Service
Deep Creek Lake Recreation Area
898 State Park Road
Swanton, MD 21561
301-387-4111