(a) The Commission has all powers necessary for carrying out the purposes of this subtitle, including the following:
(1) 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, to adopt and amend regulations as authorized under this subtitle for the administration and enforcement of the State and local programs;
(2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and
(3) To contract for consultant or other services.
(b) Regulations adopted or amended under subsection (a)(1) of this section shall:
(1) Establish comprehensive standards and procedures for:
(i) Buffer establishment, maintenance, measurement, mitigation, and enforcement;
(ii) Modified buffer areas;
(iii) Impacts of shoreline stabilization activities on the buffer;
(iv) Community piers;
(v) Commercial marinas;
(vi) Water dependent facilities;
(vii) Public water access;
(viii) The protection and conservation of the buffer as a State water quality and habitat resource essential to the restoration of the Chesapeake and Atlantic Coastal Bays;
(ix) Mapping the critical area, with respect to revision of the 1,000–foot boundary and voluntary additions of property to the critical area;
(x) Development in the critical area, with respect to:
1. Clearing, grading, and construction activity;
2. Clustering to promote conservation of natural site features;
3. The transfer of development rights;
4. Flexibility for redevelopment;
5. Stormwater management;
6. Application of the 10% pollutant reduction rule;
7. Forest and developed woodlands protections;
8. Clearing of natural vegetation;
9. Lot coverage standards;
10. Commission review of local provisions for lot consolidation; and
11. The exclusion of State tidal wetlands from calculations of density, forest and developed woodlands protections, limitations on clearing natural vegetation, and lot coverage standards;
(xi) Consistent enforcement of State and local critical area law, with respect to the establishment of minimum penalties and mitigation requirements;
(xii) Growth allocation applications, with respect to:
1. The deduction of growth allocation acreage;
2. Commission review and determinations;
3. Accommodation of variations among local jurisdictions concerning land uses in the resource conservation area that do not require growth allocation;
4. The location of septic systems;
5. Golf courses; and
6. The Commission’s evaluation of a local jurisdiction’s use of cluster development under § 8–1808.1 of this subtitle;
(xiii) In consultation with appropriate State and federal agencies, the conservation and protection of:
1. Habitat protection areas;
2. Threatened and endangered species;
3. Species in need of conservation;
4. Forest interior dwelling birds;
5. Anadromous fish propagation waters; and
6. Plant and wildlife habitat;
(xiv) Directives for local program development and implementation, with respect to:
1. Notification of project applications;
2. The 6–year comprehensive review of a local critical area program;
3. For a State or local government development activity:
A. Public notice, including notice to be published in a newspaper of general circulation in the area where the proposed development activity would occur; and
B. An opportunity for public comment in the local jurisdiction in which the proposed development activity would be located;
4. Reporting requirements, including accounting of fee in lieu funds;
5. The submission and processing of a proposed program amendment or refinement; and
6. Provisions applicable to areas requested for exclusion from the critical area;
(xv) In consultation with the Department of the Environment, surface mining in the critical area;
(xvi) The application for and processing of a variance, with respect to:
1. Amending a variance application;
2. Advance notice to the Commission;
3. The contents of a complete variance application;
4. Ensuring that Commission recommendations are made part of the variance record;
5. The use of variance standards; and
6. Notice of a variance decision;
(xvii) Assessing and adapting the critical area for climate resiliency;
(xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature–based features; and
(xix) Environmental justice and equity initiatives that:
1. Address disparate impacts of development; and
2. Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and
(2) Provide flexibility wherever possible in order to accommodate variations among local programs.