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Bay development regulations in Senate’s hands

Mar 24, 2008 1:00 AM (201 days ago) by Jaime Malarkey, The Examiner
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Related Topics: Annapolis

Annapolis (Map, News) - A plan to expand zoning regulations near sensitive Maryland shoreline is now in the hands of the state Senate after members of the House of Delegates adopted new development setbacks this weekend.

The bill, which passed the House in a 115-22 vote Saturday, extends setbacks along the Chesapeake Bay from 100 feet to 300 feet.

Del. Maggie McIntosh, D-Baltimore City, who championed the bill on behalf of Gov. Martin O’Malley — who called an overhaul of the state’s critical-area laws a top priority — said even the construction industry withdrew initial opposition to the proposal.

“This will not preclude any development from moving forward, unless it couldn’t happen, wouldn’t happen under the existing critical-area law,” McIntosh said.

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“The critical-area law doesn’t prohibit development. It manages development.”

The House also voted to ban most “hard” shorelines such as concrete bulkheads and stone riprap.

Both proposals met opposition from some lawmakers who said they intrude on private property rights.

Del. Tony McConkey, R-Anne Arundel, pointed to a provision in the critical-area bill that forces all violators to admit the offense and pay the state-regulated fine and mitigation costs, or contest the fine and, if found responsible, pay twice the fine.

Variances for “after-the-fact” offenses would only be considered after all fines are paid and the violation is corrected, he said.

“I think it’s unconstitutional to say to someone, ‘You can’t use your property for whatever you want,’ ” said McConkey. “I think the bill is very heavy-handed on the part of the state.”

Del. James Hubbard, D-Prince George’s, and member of the state’s Critical Area Commission, said the changes reverse a long-standing trend of weakening Maryland’s development regulations in environmentally sensitive areas.

He said neighboring Chesapeake states such as Pennsylvania rely on cooperative approaches to mitigating pollution and erosion.

jmalarkey@baltimoreexaminer.com

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Comments from Examiner Readers

4:59 PM MST on Wed., Aug. 6, 2008 re: "Bush proposes cutting $23 million in Bay funding"

Examiner Reader said:
noboma to the rescue. LOL.

16 agree | 15 disagree
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2:22 PM MST on Wed., Aug. 6, 2008 re: "Bush proposes cutting $23 million in Bay funding"

Examiner Reader said:
As usual, Bush doesn't have a clue.....especially when it comes to funding & the environment. Overpopulation, global warming, dumping, pollution and ignorance may be to blame but WE, as inhabitants on a planet we don't own, need to do something. We need to take responsibility, each person, doing our part to make a difference. Some may call it liberal, but in the days of Bush it is survival. I can proudly say I wasn't one of the folks who put him in office! Wake up people, rather than take advantage of the earth, try caring for it. Especially our water.

25 agree | 15 disagree
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4:13 AM MST on Wed., Aug. 6, 2008 re: "Bush proposes cutting $23 million in Bay funding"

Examiner Reader said:
Cardin is more of a problem then the Chesapeake Bay.He's a classic liberal gone crazy

16 agree | 17 disagree
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4:10 AM MST on Wed., Aug. 6, 2008 re: "Bush proposes cutting $23 million in Bay funding"

Examiner Reader said:
Bush is smart ,why throw all that tax payer money at democrates to use it other then the intended use. Thank you Mr President.

16 agree | 18 disagree
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12:58 PM MST on Wed., Jul. 30, 2008 re: "Maryland’s Bay beaches still violating bacteria standards, report finds"

Examiner Reader said:
Dont ask me for a handout to clean the bay. Go get it from the companies that dump their sludge into the bay in clear site.

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9:52 AM MST on Wed., Jul. 30, 2008 re: "Maryland’s Bay beaches still violating bacteria standards, report finds"

Examiner Reader said:
No surprise. Maryland government continues to dump sewage into the bay from 32 polluting sewage plants and have done nothing to correct the problem other than blame others. Wake up folks, goverment is the problem not the solution.

17 agree | 17 disagree
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9:43 AM MST on Fri., Jul. 25, 2008 re: "Environmental programs get $2.1 million infusion"

Ma said:
Excellent

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1:34 PM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Nancy said:
If any liberals here would like to buy some carbon credits here I have them at $10 a share.You can buy some from me and I will reduce the warming of our climate.So if you want yo reduce global warming and save the Bay , get in touch with me.

17 agree | 17 disagree
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10:01 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Examiner Reader said:
There’s only one way to stop this have Martin O’Malley and the rest of those idiots in Annapolis tax it. Then we all will be safe.

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9:59 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

A giraffe dies said:
Sara Michael why is this news? I have a study that says if the sun burned out tomorrow, there would be wide-spread and catastrophic events world wide, including the chesapeake bay. By the way, scientific consesus now suggests we are in a period of global cooling for the next 10 years. Really..., meteorologists can't predict the weather on a day to day basis, but we should trust them on their predictions for 10 to 100 years out? And by the way, how is cow flatulence causing global warming on Mars because Mars has been warming over the last few years.

17 agree | 18 disagree
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9:38 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Examiner Reader said:
This planet has been around billions and billions of years and during that time has undergone numerous global calaminities including flooding, fire, etc. Frankly, part of the problem now is overpopulation but no one seems to find it politically correct to address it. Instead of trying to feed the masses, we ought to be instituting mandatory sterilization programs.

17 agree | 17 disagree
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8:56 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Examiner Reader said:
Some scientists say we're about to experience about a decade of global cooling. If this occurs, won't polar ice caps thicken, thereby dropping sea levels? The bottom line is, there is insufficient evidence to declare global warming. Climate has been studied for about 100 years or so, but Earth is 6,000,000,000 years old. It is IMPOSSIBLE to make a conclusion with such limited information.

18 agree | 17 disagree
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5:05 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Joe said:
The Liberals do more pollution on the bay then anybody else because they out number the rest of us! I approve of this message!

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5:02 AM MST on Fri., May. 23, 2008 re: "Study: Warming could sink Bay beaches"

Bill Clinton said:
There was a time in history that there was no Bay at all.And there was a time when the sea level was much higher then today.The earth is always changing in slow motion taking hundreds and thousands of years to do so.The idea that we the human race can these kind of changes is crazy.To all you LIBERALS or PROGRESSIVES whatever you like to be , you show your stupidity!

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6:50 AM MST on Tue., May. 13, 2008 re: "Public opinion poll shows disconnect between storm drains, Bay"

Examiner Reader said:
Steve, trash in the harbor comes from litterers not garbage cans. Maryland is full of Liberal litterers that are more concerned with CO2 than the garbage they discard into the environment, which is real pollution. No surprise, they elected O’Malley.

16 agree | 16 disagree
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4:05 AM MST on Thu., Feb. 7, 2008 re: "Activists seek tweaks to Chesapeake Bay fund law"

Puzzled said:
By the time the POLS get through cuting up the pie there will be little good come out of all these millions!

94 agree | 92 disagree
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6:11 PM MST on Wed., Jan. 16, 2008 re: "Bay, various environmental projects to receive $10 million in U.S. funding"

Examiner Reader said:
Thank you Dutch for looking out for the bay and the children of MD. All talk and no action Scientists lazy monkeys can get off their computers now and get out in the feild and do some clean up work for a change. Sick and tired of them living off the poor polluted taxpayers complaints?? Problems have solutions (like the chicken poop and feed washing in the bay) These scientist are afraid of a real perminant solution: Baltimore, Oxford , Horn Point Dorchester County and the Chesapeake Foundation oro maybe they were not qualified to fix the Chesepeake. Many say the Chesepeake is not fixable, no faith.

92 agree | 98 disagree
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2:32 PM MST on Wed., Jan. 16, 2008 re: "Bay, various environmental projects to receive $10 million in U.S. funding"

Examiner Reader said:
I have worked on and have been around the bay for more than 55 years. In all those years they have been dumping 100s of millions of dollars studing the bay (oysters ,crabs , pollution and repeating the same studies in many location. These locations include Baltimore, Oxford , Horn Point Dorchester County and the Chesapeake Foundation. Seems to me that we could study the Bay for hundreds of years and throw study money at the bay and never solve any problems What the Bay needs is action!!! Enought Study!!! If many years ago we had used those MILIONS of dollars toward more and updated waste treatment plants around the Bay area I think we would not have our Bay in this bad shape. The Scientist love to study, but we need action. I think this may not be a course in college. The CBF may do alot for Bay problem awareness but I think by now we are all aware that there is a great problem. By the way how much does the CBF boss make,he shure has a great palace to work in. No More Study!

101 agree | 99 disagree
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9:55 AM MST on Mon., Jan. 14, 2008 re: "Another ban considered on detergents that harm Bay"

City Resident said:
LOL

115 agree | 112 disagree
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9:17 AM MST on Mon., Jan. 14, 2008 re: "D.C. moves to restrict popular detergents"

Examiner Recipient said:
I think it's an interesting hypocritical note that your newspapers end up all over the street in my neighborhood, get soaked and washed down the sewers, get delivered even after 4 requests to stop leaving them, and you can write an article about pollution as if you don't contribute to it. please don't deliver trash and leave it on the steet.

102 agree | 115 disagree
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4:22 AM MST on Mon., Jan. 14, 2008 re: "Another ban considered on detergents that harm Bay"

Tinker said:
Long, long overdue!

105 agree | 123 disagree
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2:20 PM MST on Fri., Jan. 4, 2008 re: "Advocates look to clarify Bay fund spending"

Hmmm? said:
"The legislature shouldn’t enumerate which programs should receive funding, because the Bay’s needs change year to year, said Sen. Brian Frosh, D-District 13" That's why you pass budgets annually and that's exactly the job of the legistlature. DUH!!! Seriously, these are the dems that you folks keep electing. Why was this passed in a legislative special session? If you're providing a trust fund to be spent in future years then how can you possibly include that as part of the so called "budget shortfall" which I implore anyone to show me because to date the budget has yet to be submitted so not sure how you can have a shortfall for a budget htat hasn't been submitted. How stupid are the MD people? Come on and WAKE UP!

124 agree | 114 disagree
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4:49 AM MST on Thu., Dec. 6, 2007 re: "Md., Va. governors vow to clean up Bay"

Examiner Reader said:
and we are suppose to believe a governor that has done nothing but lie to us since the day he began to run for governor. I think not !!!!!!!

120 agree | 122 disagree
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4:01 AM MST on Thu., Dec. 6, 2007 re: "Md., Va. governors vow to clean up Bay"

Sven said:
How many time have we heard this story.There is no will to get the job done!

138 agree | 123 disagree
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7:37 AM MST on Tue., Dec. 4, 2007 re: "Chesapeake Bay health earns 'D'"

Examiner Reader said:
Green roofs and water runoff are needed on the many tributaries to the Chesepeake Bay, illegal dumpings, over development and continued depletion of natural recources adjacent. Great leaders need to step up and purchase or place moratoriums in these areas. Yes, that is you, all the Great leaders. Keep Md clean. Communicate, not rocket science M'Lords. Hire more environmentalist for solutions and environmental crime lawyers for all those illegal dumpers. Its just a crime. All of the childrens future. Get her done.

130 agree | 264 disagree
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4:19 AM MST on Tue., Dec. 4, 2007 re: "Declining health earns Chesapeake Bay a D"

Sven said:
Lot of lip service paid to the bays problems and a lot of money spent BUT the problem will never be solved till we really get serious!

135 agree | 117 disagree
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3:16 AM MST on Tue., Dec. 4, 2007 re: "Declining health earns Chesapeake Bay a D"

avid reader said:
When we have trashed and raped the bay as we have done over the years what do you expect?

139 agree | 140 disagree
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11:49 AM MST on Thu., Aug. 23, 2007 re: "Wilson Bridge helps grow fish habitat"

Preposition change said:
"What was once thousands of tons of concrete for the Woodrow Wilson Bridge" is now thousands of tons of concrete under the Woodrow Wilson Bridge.

173 agree | 173 disagree
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