§ 16-105

(a) The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall:

(1) Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and

(2) By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the State and local jurisdictions concerning the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area.

(b) The procedure that the Department and Commission develop under subsection (a) of this section shall include provision for recognition of:

(1) State jurisdiction over the construction of piers and bulkheads in State and private wetlands designated under this title; and

(2) Local jurisdiction over:

(i) The construction of piers and bulkheads landward of the boundary lines of State and private wetlands as mapped under this title; and

(ii) Zoning divisional lines and building codes.