Recent Development: Assategue Coastal Trust, Inc. v. Schwalbach: An Applicant Must Satisfy the "Unwarranted Hardship" Standard to be Granted a Variance; the Variance Must Have No Adverse Impact on the Environment and Conform to the Purpose of the Critical Area Program

The Court of Appeals of Maryland held that the Worchester County Board properly applied the “unwarranted hardship” standard and correctly granted a variance under local critical area law. Assateague Coastal Trust, Inc. v. Schwalbach, 448 Md. 112, 140, 136 A.3d 866, 882 (2016). The court held that the variance would not have an adverse impact on the environment and the development was in conformity with the Critical Area Program’s purpose and intent.

Schwalbach, 448 Md. at 143-44, 136 A.3d at 883.