Maryland CoastSmart Council


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CoastSmart Program DocumentProject Screening Form (Appendix A)Waiver Form (Appendix B)Legislative HistoryAnnual Report (2024)


The Coast Smart Construction Program includes guidelines and other directives applicable t​o the planning and construction of proposed capital projects to anticipate and avoid sea level rise and coastal flood impacts. These directives include both siting and design criteria for capital projects as well as instructions specific to the construction of critical infrastructure. These guidelines also allow for a Unit of State Government to obtain a categorical exception and/or waiver from complying with specific implementation requirements if necessary.​





To see a full list of definitions, please refer to the Coast Smart Construction Program Document Appendix D: Glossary and Useful Web-Based Resources.

Capital Project
A capital project typically includes the construction of State or local buildings and infrastructure, such as prisons, hospitals, public university buildings, and government office buildings. The key elements of defining a capital expenditure are that it is a tangible asset, that it has a useful life of at least 15 years, and that the cost is typically over $100,000.

Construction of a Highway Facility
Limited to new State and local highway facilities and does not include projects involving the rehabilitation and reconstruction of existing highways.

Critical Infrastructure
​​Buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow or earthquakes [Note: See Maryland Building Performance Standards, Sec. 1602 and Table 1604.5]. Critical and essential facilities typically include hospitals, fire stations, police stations, storage of critical records, facilities that handle or store hazardous materials, drinking water and sewage treatment facilities, airports, transit and highway access and other essential transportation, and similar facilities.

Design Criteria
Standard Structural specifications related to the shape, size, or form of a construction practice.

Highway Facility
Defined in § 3-101(f)(2) of the Transportation Article as any one or more or combination of projects involving the rehabilitation and reconstruction of highways in the State highway system to meet present and future needs and the development and construction in new locations of new highways necessitated by traffic demands to become parts of the State highway system, including federally-aided highway projects partially funded by this State and all incidental property rights, materials,facilities, and structures.

Siting Criteria
Specifications related to the location of a structure on a lot or parcel or within a larger geographic area.

Structure
That which is built or constructed; specifically, a walled or roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

Substantial Reconstruction
The cost of reconstruction to its before-damaged condition is at least half of the structure's replacement cost before the damage occurred.



  • State or local capital projects
  • Construction of a structure or a highway facility
  • New construction or substantial reconstruction
  • Is located in a vulnerable area (CS-CRAB Map)
  • Costing ≥ $500,000 and receiving ≥ 50% state funds
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This video covers the basics of how to use the Coast Smart Climate Ready Action Boundary (CS-CRAB) tool to identify if your project falls within the boundary for the Coast Smart Construction Program.​​



If a project cannot meet one or more parts of the siting or design criteria, but does not qualify as an exemption (see below for more information on exemptions).

Any piece of critical infrastructure located in a vulnerable area (CS-CRAB Map) must apply for a siting waiver.

Waiver requests are reviewed by the Smart Growth Subcabinet.

Includes a letter of request listing why the project cannot meet the criteria and why the project is eligible for a waiver.

Eligibility reasons are listed in the Program Document at the top of the page.



 

This video covers the cases when a project might be considered exempted from the Coast Smart Construction Program requirements.



Example #1: A community has applied to DNR’s Waterway Improvement Fund for funding to build a new boat ramp and pier. The project is estimated to cost $150,000 and the community is requesting $125,000 from DNR.
Is this project subject to Coast Smart? Why or why not?

Answer

NO
A boat ramp and pier are not structures under the Coast Smart statute.
The total project cost is less than $500,000.


Example 2: DNR is building a concession stand at a state park. The construction manager is placing a small trailer onsite waterward of the CS-CRAB layer for the duration of the project which is expected to be completed in 3 months. The trailer will be located outside of any wetlands, no trees will be removed and the site will be replanted afterwards. The project cost is anticipated to be $750,000.
Is this project subject to Coast Smart? Why or why not?

Answer

YES
(the trailer is located within the CS-CRAB boundary, this is a capital project at least $500K, and the trailer is a structure under the Coast Smart statute)

Because the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable, DNR (the funding state agency) may determine that the trailer structure meets the Temporary structures categorical exemption because it will be in place for less than 180 days. As the project sponsor, DNR must still complete the Coast Smart Project Screening Form.


Example #3: DNR wants to build a new visitors center at a State Park. The new visitor center will cost approximately $4 million total and has been funded by the state in 4 phases. The visitor center is located waterward of the CS-CRAB.
Is this project subject to CoastSmart? Why or why not?

Answer

YES
(structure, capital project, at least $500K, over 50% funded by State funds, waterward of CS-CRAB)

What are the steps DNR should take?
DNR must fill out the Coast Smart Project Screening Form, implement the design criteria


Example #4: An inhabited Chesapeake Bay Island needs to build a new Wastewater Treatment Facility. This facility will cost $1.2 million and the state is providing an $800,000 grant. This Island is entirely located within the CS-CRAB.
Is this project subject to CoastSmart? Why or why not?


YES
(structure, at least $500K, over 50% state funds, capital project, waterward of CS-CRAB)
The Local Jurisdiction may ask the funding state agency to seek a waiver to the siting criteria because a suitable alternative project location outside of the CS-CRAB is unavailable. The waiver request must be approved by the Sustainable Growth Subcabinet. The project would still have to implement Coast Smart design criteria.


MDOT Examples

Example #5: A stretch of state-maintained highway in Dorchester County (waterward of the CS-CRAB) requires reconstruction and resurfacing after the winter season due to degradation of the roadway. The repair costs total approximately $500,000 with the state providing $250,000.
Is this project subject to CoastSmart? Why or why not?

YES
(highway facility, at least $500,000, receiving at least 50% state funds, capital project waterward of the CS-CRAB).


Example #6: A county in Maryland has obtained funding from the Federal Highway Administration’s (FHWA) Transportation Alternative’s Program to enhance the accessibility of a stretch of roadway that serves drivers, pedestrians, bikers and transit systems, as well as serving as a key evacuation route for the county that connects to the state evacuation route system. The county has provided the required 20% match, with 80% of the projects, $3,000,000 total required funding coming from FHWA.
Is this project subject to CoastSmart? Why or why not?


No
(less than 50% state funded).


**These are theoretical examples, not based on real life



Q: How do I screen projects to determine if they are subject to the Coast Smart Program?

A: For a project to be subject to the Coast Smart Program, the answer to all five of these questions must be yes:

  1. Is the project a capital project constructed by a state or local jurisdiction?
  2. Does the project involve either (a) the construction or reconstruction of a structure or (b) the construction of a highway facility?
  3. Is the project funded with at least 50% State funds?
  4. Does the project cost at least $500,000?
  5. Is the project located waterward of the CS-CRAB?

Additional screening questions are going to be program-dependent. For example, DNR’s Waterways Improvement Fund primarily involves the construction of boat ramps and piers so asking whether the project involves the construction of a structure (as defined by the Coast Smart Construction Program) will help exclude projects to which the Coast Smart Program is subject.


Q: Do I use the parcel boundary or structure footprint to determine if my project is waterward of the CS-CRAB?

A: You should use the structure footprint, not the parcel boundary.


Q: Where do I turn in my screening form?

A: The form should be retained with all information on the proposed project. Forms should generally be kept by the agency providing the funding for the project. Coast Smart is self-certifying and the Coast Smart Council does not review or approve individual projects. All units of state and local government shall provide a list to the Coast Smart Council of individual state and local agency capital projects at least annually, which were undertaken within the previous fiscal year and related to the implementation of the Coast Smart Construction program, including Categorical Exemption and Waiver determinations. Reporting materials shall include all documentation used to determine compliance with Coast Smart Construction Siting and Design Criteria, including the Coast Smart Project Screening Form.


Q: What's the difference between the Critical Area Commission and the Coast Smart Council?
Do I need to fill out forms for both?

A: There are many situations where the Coast Smart Program and the Critical Area Program will both apply. It depends what the project is and where it is located. Critical Area and Coast Smart are two different programs. The Critical Area is defined as the area within 1,000 feet of tidal waterways and wetlands. State projects within the Critical Area would have to comply with COMAR Title 27, Chapter 02 to address all Critical Area development standards and to incorporate measures that minimize the adverse effects of human activities on water quality and natural habitats and foster consistent, uniform and more sensitive development. See https://dnr.maryland.gov/criticalarea for more information.

Coast Smart uses a map called the Coast Smart Climate Ready Action Boundary (CS-CRAB) determined by flood impacts and sea level rise. The Coast Smart Construction program governs structures and new highway construction that are located within this boundary.

If a project is in the Critical Area, but is not subject to the Coast Smart Program (e.g., it is a state project, but not a capital project, or if the project does not meet the $500K threshold), only the Critical Area standards apply.

If a project is not in the Critical Area, but the project is subject to the Coast Smart Program, only the Coast Smart criteria applies.To view a map of the Critical Area go here: https://webmaps.esrgc.org/cbca/

Many projects will be subject to both, so forms should be filled out for both programs independently.


Q: Who do I contact if I have questions about CoastSmart?

A: Ryland Taylor: ryland.taylor@maryland.gov



Coast Smart Decision Tree​

Coast Smart Decision Tree infographic