Foley v. K. Hovnanian at Kent Island, LLC

BELL, Chief Judge.

I. Introduction

The Chesapeake Bay is nothing short of magnificent. For decades, fishermen found plentiful supplies of blue crabs, clams and oysters in its waters. Over time, however, the results of increased human activity on, in and near the Bay saw its deterioration and the decrease in the fruits it bore. In 1984, the Maryland General Assembly responded in part. It enacted the Chesapeake Bay Critical Area Protection Program (“the Program”), see Maryland Code (2007 Repl. Vol.) §§ 8-1801 to 8-1817 of the Natural Resources Article, to counteract the increasing levels of…