reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.01 - Application Requirements for Regulated Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not conduct a regulated
				  activity in a nontidal wetland, or within a buffer or expanded buffer, unless
				  the Department has issued a permit or letter of authorization, or the regulated
				  activity is exempt under COMAR 26.23.01.02.A pplications received by the
				  Department after September 30, 1993, to conduct a regulated activity in the
				  Critical Area are subject to the requirements of this subtitle.
B. Application Form.
(1) An application for a nontidal wetland
				  permit or letter of authorization shall include all of the information required
				  in the application form and any additional information required by the
				  Department in §D of this regulation.
(2) The application form shall be a joint
				  federal and State application for regulated activities in nontidal wetlands in
				  Maryland.
(3) The Department shall:
(a) Coordinate with other State, federal, and
				  county governmental agencies to expedite review of associated
				  permits;
(b) Work with the U.S.
				  Army Corps of Engineers in developing a State programmatic general permit for
				  regulated activities in nontidal wetlands;
(c) Coordinate the permit review process
				  under memoranda of understanding with other State agencies.
(4) The application form may be
				  obtained from the following governmental agencies:
(a) Water Management Administration in the
				  Department;
(b)
U. S. Army Corps of Engineers, Baltimore District;
					 or
(c) Any agency
				  designated by each county.
(5) An applicant is encouraged to consult
				  guidance maps prepared by the Department to assist in identifying and locating
				  nontidal wetlands.
(6) The person
				  signing the application form shall be the legal property owner and:
(a) An officer of the corporation, or an
				  authorized agent of a corporation;
(b) A legally authorized official of a
				  federal, State, or local government;
(c) An authorized partner of an association
				  or partnership; or
(d) An
				  individual applicant.
(7) The person who signs an application shall
				  be responsible for the truth, accuracy, and completeness of all information in
				  the application.
(8) An applicant
				  may not submit false or misleading information on the application form, or
				  submit an application without intending to conduct the activity described in
				  the application.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.02 - Application Processing Procedures for the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall acknowledge receipt
				  of the application in writing, by regular mail, and assign the application a
				  processing number. An applicant shall use the application processing number
				  when making inquiries concerning the application.
B. The Department shall notify an applicant
				  in writing within 45 days of receipt of an application whether the application
				  is complete and the delineation correct.
C. The Department shall consider an
				  application complete if:
(1) It contains all
				  of the information required in Regulation .01C of this chapter and requested in
				  Regulation .01D of this chapter; and
(2) The Department determines that all the
				  information submitted is sufficient for the Department to process the
				  application.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.03 - Permit Decision and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Permit Decision.
(1) After the closing date
				  for receipt of written comments and after a public informational hearing, if
				  requested, the Department shall:
(a) Consider
				  the written comments, testimony, and other information received; and
(b) Render a decision to grant, deny, or
				  condition a permit within:
(i) 60 days from
				  the Department's determination that an application is complete and the
				  delineation correct, if no public informational hearing is requested,
				  or
(ii) 45 days of a public
				  informational hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.04 - Criteria for Review of Nontidal Wetland Permit Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may not issue a permit for a regulated activity unless the Department finds
				  that the applicant has demonstrated that the:
(1) Proposed project is water dependent and
				  requires access to a nontidal wetland as a central element of its basic
				  function under the criteria in §§B and C of this regulation, or is not water
				  dependent, and has no practicable alternative under the criteria in §D of this
				  regulation;
(2) Regulated activity
				  will first avoid and then minimize adverse impacts to the nontidal wetland
				  based on consideration of existing topography, vegetation, fish and wildlife
				  resources, and hydrological conditions under the criteria in Regulation .05B of
				  this chapter;
(3) Regulated
				  activity does not cause or contribute to a degradation of ground waters or
				  surface waters under the criteria in Regulation .06A of this chapter;
				  and
(4) Proposed project is
				  consistent with any comprehensive watershed management plan developed or
				  approved by the Department under Environment Article, §
											5-908, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.06 - Water Quality and Watershed Management Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. To meet the requirements of Regulation
				  .04A(3) of this chapter, a regulated activity may not:
(1) As determined by the Department, cause an
				  individual or cumulative effect that degrades:
(a) Aquatic ecosystem diversity,
				  productivity, and stability;
(b)
				  Plankton, fish, shellfish, and wildlife;
(c) Recreational and economic values;
				  and
(d) Public welfare;
				  or
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.07 - Permit Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may require modification of a nontidal wetland permit to ensure
				  compliance with this subtitle.
B.
				  The Department may make modifications to a permit:
(1) Upon written request by the permittee;
				  or
(2) When the rights of the
				  permittee under the permit have not vested, and the Department:
(a) Receives new, relevant information;
				  or
(b) Has amended the regulation
				  under which the permit was issued.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.08 - Temporary Emergency Nontidal Wetland Authorizations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue a temporary
				  emergency nontidal wetland permit or letter of authorization for a regulated
				  activity if:
(1) A threat to life, severe loss
				  or damage of property, or threat to public safety or public works is imminent;
				  and
(2) The anticipated threat,
				  loss, or damage may occur before a permit or letter of authorization can be
				  issued under the procedures otherwise required by this subtitle.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.02 - Permit Application and Processing › Section 26.23.02.09 - Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Grounds for Suspension or Revocation. The Department may suspend or revoke a
				  permit or a letter of authorization after notice to the permittee or person
				  issued letter of authorization and opportunity for a hearing if the Department
				  determines that any of the following has occurred:
(1) Failure of a permittee or person issued
				  letter of authorization to post a bond required under COMAR
				  26.23.04.04;
(2) Permittee or person issued letter of
				  authorization has failed to comply with the requirements of an administrative
				  action or order under this subtitle or for a violation of the Act or this
				  subtitle;
(3) Misrepresentation or
				  fraud in the application process or failure to disclose a relevant or material
				  fact;
(4) Requirements of the
				  permit or letter of authorization have been violated;
(5) Substantial deviation from the plans,
				  specifications, or requirements of the permit or letter of
				  authorization;
(6) Permittee or
				  person issued letter of authorization has prevented a representative of the
				  Department from entering the activity site to make reasonable inspections;
(7) Rights under the permit or letter of
				  authorization have not vested and new information, changes in site conditions,
				  or amended regulatory requirements necessitate revocation or suspension;
				  or
(8) The permittee or person
				  issued letter of authorization has not begun work under the authorization and
				  requested that the permit or letter of authorization be withdrawn.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.03 - Letter of Authorization › Section 26.23.03.02 - Best Management Practices for Letters of Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a letter of
				  authorization is granted, the Department may require an applicant to comply
				  with best management practices, including one or more of the following:
(1) Conduct the regulated activity so as not
				  to harm a threatened or endangered species, or species in need of conservation,
				  or alter or impair the critical habitat of these species;
(2) Properly maintain the structure or
				  fill;
(3) Design the project to
				  first avoid and then minimize any adverse impacts to the nontidal wetlands'
				  existing topography, vegetation, fish and wildlife resources, and hydrologic
				  conditions;
(4) Conduct the
				  regulated activity so as not to restrict or impede the:
(a) Movement of wildlife indigenous to the
				  nontidal wetlands or adjacent water, or
(b) Passage of normal or expected high water
				  flows;
(5) Adhere to
				  time-of-year restrictions as required by the Department under COMAR
				  26.08.02;
(6) Avoid any
				  disturbances in breeding areas for migratory waterfowl;
(7) Maintain the hydrologic regime of the
				  nontidal wetlands upstream, downstream, or adjacent to the exempted
				  activity;
(8) Remove excess fill or
				  construction material or debris to an upland disposal area;
(9) Place materials in a location and manner
				  which does not adversely impact surface or subsurface water flow into or out of
				  the nontidal wetland;
(10) If
				  backfill is obtained from sources other than the originally excavated material,
				  use clean material free of waste metal products, unsightly debris, toxic
				  material, or any other deleterious substance;
(11) Place heavy equipment on mats or
				  suitably design the equipment to prevent damage to the nontidal
				  wetlands;
(12) Repair and maintain
				  any serviceable structures or fills so as not to result in a substantial
				  deviation from the plans or specifications or the original structure or fill,
				  although minor deviations due to changes in materials or construction
				  techniques, and which are necessary for repair and maintenance, are
				  permitted;
(13) Rectify any
				  nontidal wetlands temporarily impacted by any proposed repair and maintenance
				  activity;
(14) Repair and maintain
				  any serviceable structure or fill so there is no permanent loss of nontidal
				  wetlands in excess of nontidal wetlands lost under the original construction or
				  fill;
(15) Conduct the activity so
				  as not to cause or contribute to a degradation of water quality as determined
				  by the Department;
(16) For
				  installation of utility lines, make postconstruction grades and elevations of
				  nontidal wetlands the same as the original grades and elevations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.02 - Mitigation for Regulated Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exemptions. Mitigation or monetary
				  compensation for nontidal wetland losses is not required for regulated
				  activities:
(1) Exempted in COMAR
				  26.23.01.02 a and
				  26.23.03.01 a, except when
				  specified;
(2) Which do not result
				  in a loss of nontidal wetlands;
(3)
				  Occurring only in the buffer or expanded buffer.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.03 - Mitigation Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Goal. It
				  is the goal of the Act to attain no net overall loss in nontidal wetland
				  acreage and function, and to strive for a net resource gain in nontidal
				  wetlands. However, it may not be possible for the goal of no net loss to be
				  achieved in each permit action. Achievement of this goal will occur through the
				  regulatory components of this subtitle and other Statewide initiatives which
				  incorporate nontidal wetlands creation, restoration, and enhancement projects
				  outside of the regulatory framework.
B. Mitigation standards shall be determined
				  in part through the use of acreage replacement ratios. Acreage replacement
				  ratios are expressed as a relationship between two numbers. The first number
				  shall specify the acreage of nontidal wetlands to be mitigated and the second
				  shall specify the acreage of nontidal wetlands lost.
C. The Department shall consider the
				  mitigation requirement for replacing a loss of nontidal wetlands to be
				  fulfilled when:
(1) The following acreage
				  replacement ratios have been met through in-kind creation or restoration for:
(a) Emergent nontidal wetlands-1:1 or 1.5:1
				  when using credit from an approved mitigation bank;
(b) Scrub-shrub nontidal wetlands-2:1 or 3:1
				  when using credit from an approved mitigation bank;
(c) Forested nontidal wetlands-2:1 or 3:1
				  when using credit from an approved mitigation bank;
(d) Emergent nontidal wetlands designated as
				  nontidal wetlands of special State concern-2:1 or 3:1 when using credit from an
				  approved mitigation bank;
(e)
				  Scrub-shrub nontidal wetlands designated as nontidal wetlands of special State
				  concern-3:1 or 4.5:1 when using credit from an approved mitigation bank;
				  and
(f) Forested nontidal wetlands
				  designated as nontidal wetlands of special State concern-3:1 or 4.5:1 when
				  using credit from an approved mitigation bank;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.04 - Monitoring and Bonding

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Monitoring.
(1) The monitoring period begins
				  with the first full growing season following completion of construction. The
				  period of the growing season is specified in the post-construction monitoring
				  plan, Phase II plan, or mitigation banking agreement.
(2) Monitoring reports are submitted by:
(a) A permittee or person conducting an
				  agricultural activity for a period of 5 years from the completion of
				  construction of the mitigation project, unless the Department provides written
				  notice that the monitoring requirements have been fulfilled in less than 5
				  years;
(b) A mitigation bank
				  operator, for a minimum of 5 years after completion of construction of the bank
				  or until the last available credit is withdrawn, whichever is later.
(3) The Department shall require
				  that monitoring reports be submitted:
(a)
				  Annually, not later than December 31; and
(b) In an acceptable form.
(4) The permittee, bank operator,
				  or person conducting an agricultural activity shall consider monitoring
				  requirements fulfilled upon receipt of written notice from the Department. If
				  the Department fails to send written notice to the permittee, bank operator, or
				  person conducting an agricultural activity within 60 days after the end of the
				  monitoring period, the monitoring requirement shall be considered
				  fulfilled.
(5) Through written
				  notification to the permittee, bank operator, or person conducting an
				  agricultural activity, the Department may extend the required monitoring period
				  for not more than an additional 3-year period, if the mitigation project fails
				  to comply with Regulation .03J of this chapter.
(6) The permittee, bank operator, or person
				  conducting an agricultural activity shall provide annual monitoring reports to
				  the Department which include the following information:
(a) A description of how the mitigation
				  project meets the mitigation project standards in Regulation .03J of this
				  chapter;
(b) Photographs of the
				  mitigation project;
(c) The
				  commercial source of planting stock whenever planting is required;
(d) A description of any modifications which
				  have been made or need to be made to implement the mitigation plan or component
				  so as to meet the standards of Regulation .03J of this chapter; and
(e) For mitigation banks, monitoring
				  information required in a mitigation banking agreement.
(7) The Department reserves the right to
				  inspect the mitigation project at any time during the construction and required
				  monitoring period, and any time after that to assess the long-term viability of
				  the mitigation site.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.05 - Mitigation Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  conducting an agricultural activity in nontidal wetlands shall submit
				  mitigation components of a soil conservation and water quality plan to the
				  Department consistent with the requirements of this regulation.
B. Phase I.
(1) A permittee shall submit Phase I of a
				  mitigation plan as part of the permit application.
(2) Phase I of the mitigation plan shall
				  include all of the following information:
(a)
				  Names, addresses, and telephone numbers of the principals associated with
				  project implementation.
(b) A
				  proposal, if applicable, to use monetary compensation consistent with
				  Regulation .04 of this chapter to fulfill mitigation requirements.
(c) A photograph and description of the type
				  and acreage of proposed nontidal wetland losses.
(d) A description of the activity which may
				  cause the loss of nontidal wetlands.
(e) A description of mitigation projects,
				  including best management practices for agricultural activities, proposed as
				  fulfillment of the required replacement of lost nontidal wetland acreage and
				  functions. The description shall include the proposed source of hydrology and
				  project location maps showing the geographic relationship between the area of
				  potential nontidal wetland losses and the proposed mitigation sites.
(f) A description of the site selection
				  process and a justification of the selection of the proposed mitigation site
				  based on Regulation .03H and I of this chapter.
(g) A description of the selected protection
				  mechanisms for each mitigation site as required in Regulation .03K of this
				  chapter.
(h) A proposal, if
				  applicable, to mitigate through the use of mitigation credits in a mitigation
				  bank, including the:
(i) Name of the bank
				  operator and owner,
(ii) Location
				  of the mitigation bank,
(iii) Type
				  and acreage of mitigation credits in the mitigation bank proposed for
				  use.
(3) The
				  Department shall render a decision concerning the acceptability of Phase I of a
				  mitigation plan as part of the final permit decision.
(4) The Department, in rendering a decision
				  on Phase I of a mitigation plan, shall provide guidance to the applicant on the
				  contents, timing, and necessity of proceeding with Phase II of the mitigation
				  plan.
(5) The Department shall
				  review proposals to use mitigation credit from an approved mitigation bank
				  based on Regulation .03 of this chapter and:
(a) Evidence that the applicant has
				  investigated on-site mitigation and that on-site mitigation is
				  infeasible;
(b) Ability of the
				  proposed mitigation bank to replace or enhance the functions of the wetland
				  that are proposed to be lost;
(c)
				  Compliance by the bank operator with the terms of the mitigation banking
				  agreement; and
(d) Availability of
				  credits in the mitigation bank.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.06 - Mitigation Banking

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application
				  Procedures.
(1) A person proposing to
				  establish and operate a mitigation bank shall submit a mitigation bank
				  application on a form provided by the Department.
(2) The application shall meet the
				  requirements of COMAR
				  26.23.02.01 a B(6).
(3) A mitigation bank concept plan is
				  submitted with the application and includes:
(a) Drawings at a scale equal to 1 inch
				  equals 200 feet or other scale approved by the Department, and showing existing
				  topography, nontidal wetland boundaries and buffers, and 100-year floodplain
				  boundaries, if applicable;
(b) A
				  vicinity map of the proposed mitigation bank site;
(c) Proposed acreage and type of nontidal
				  wetlands to be established in the bank;
(d) A description of methods of establishment
				  of nontidal wetlands;
(e) The
				  proposed water source;
(f) A
				  description of proposed earth disturbance necessary;
(g) A preliminary assessment of impact, if
				  any, on existing nontidal wetlands, buffers, and 100-year
				  floodplains;
(h) A proposed
				  mechanism to protect the mitigation bank site in perpetuity, including
				  easements, covenants, deed restrictions, or similar means approved by the
				  Department;
(i) As applicable,
				  information regarding consistency with natural resource management plans,
				  approved watershed plans, forest conservation, local growth management
				  policies, and local comprehensive plans; and
(j) Other information required by Regulation
				  .05C of this chapter.
(4) The applicant shall provide other
				  pertinent information as required by the Department.
(5) The Department shall render a decision on
				  the completeness of the mitigation bank application within 45 days of
				  receipt.
(6) The Department may
				  extend the time period for review of the mitigation bank application due to:
(a) Inclement weather conditions;
				  or
(b) Additional review required
				  by other State, federal, or local agencies.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.04 - Mitigation › Section 26.23.04.07 - Nontidal Wetland Compensation Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may accept monetary
				  compensation if it determines that mitigation for nontidal wetland losses is
				  not a feasible alternative. Monetary compensation may not substitute for the
				  requirement to avoid or minimize nontidal wetland losses.
B. When a permittee or person conducting an
				  agricultural activity maintains that mitigation is not a feasible alternative
				  based on the requirements of §C of this regulation, the permittee or person
				  conducting an agricultural activity shall propose that the Department accept
				  monetary compensation. A proposal for acceptance of monetary compensation shall
				  be submitted as a part of Phase I of a mitigation plan or as part of the
				  mitigation component of the soil conservation and water quality plan submitted
				  to the Department for review.
C.
				  Monetary compensation may be accepted under one or more of the following
				  circumstances:
(1) The size of the nontidal
				  wetland loss is less than 1 acre.
(2) In-kind mitigation of nontidal wetlands
				  to be lost is technically infeasible.
(3) An acceptable mitigation site cannot be
				  located within the areas identified in Regulation .03H of this chapter, as
				  documented by submission of:
(a) A map and
				  description of sites rejected.
(b)
				  A justification of why each site was unsuitable for mitigation.
(c) Other information required by the
				  Department.
(4) The
				  Department recommends the use of the compensation fund.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.05 - Agricultural and Forestry Activities › Section 26.23.05.01 - Agricultural Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  conducting an agricultural activity is exempt from the requirement to obtain a
				  nontidal wetlands permit under this subtitle. Unless exempted in §B of this
				  regulation, a person conducting an agricultural activity which adversely
				  impacts a nontidal wetland shall implement best management practices to protect
				  nontidal wetlands and provide mitigation for any loss of nontidal wetlands
				  through a soil conservation and water quality plan submitted to, and approved
				  by, a soil conservation district after December 31, 1990.
B. Exemptions. The following activities are
				  exempt from the approval and mitigation requirements of this subtitle:
(1) Repair and maintenance for agricultural
				  activities in nontidal wetlands. These activities include repair and
				  maintenance of:
(a) Drainage
				  ditches;
(b) Farm ponds;
(c) Channels;
(d) Subsurface drains;
(e) Bridges;
(f) Water control structures;
(g) Aquaculture ponds and associated
				  structures;
(h) Roads and
				  causeways; and
(i) Existing best
				  management practices.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.05 - Agricultural and Forestry Activities › Section 26.23.05.02 - Forestry Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  conducting a forestry activity is exempt from the requirements under this
				  subtitle to obtain a nontidal wetland permit and to provide mitigation. Unless
				  exempted in §B of this regulation, a person conducting a forestry activity
				  shall implement best management practices to protect nontidal wetlands through
				  a sediment and erosion control plan submitted to and approved by a soil
				  conservation district after December 31, 1990.
B. Exemptions. The following forestry
				  activities shall be exempt from the plan approval requirements of this
				  regulation and Regulation .03 of this chapter:
(1) Repair and maintenance of existing
				  structures associated with forestry activities in nontidal wetlands, including
				  drainage ditches, roads, skid trails, causeways, bridges, culverts, and
				  firebreaks, provided the repair and maintenance activities do not drain,
				  dredge, fill, or convert nontidal wetlands.
(2) Forestry activities on areas that have
				  lain fallow due to disease eradication or before site preparation. A person
				  conducting forestry activities shall implement best management practices when
				  the land is no longer fallow and the area is replanted or allowed to
				  regenerate.
(3) Forestry activities
				  on areas that have lain fallow after harvesting before replanting or
				  regeneration due to a civil action involving ownership of the property. A
				  person conducting forestry activities shall implement best management practices
				  to protect nontidal wetlands upon resolution of the civil action.
(4) Forestry activities on nontidal wetlands
				  that have been set aside or taken out of production under a formal State or
				  federal program for forest land for the time period of the set aside if change
				  does not occur in land use. A person conducting forestry activities shall
				  implement best management practices upon expiration of the time period of the
				  set aside and when a new sediment and erosion control plan is
				  required.
(5) Forestry activities
				  that do not require a sediment and erosion control plan.
(6) Forestry activities that are begun before
				  January 1, 1991, in accordance with a sediment and erosion control plan
				  approved before January 1, 1991.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.05 - Agricultural and Forestry Activities › Section 26.23.05.03 - Plan Review and Approval for Forestry Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A soil conservation district shall obtain
				  and consider all of the following information to determine which best
				  management practices are necessary and appropriate:
(1) A delineation according to the Federal
				  Manual of the extent of nontidal wetlands affected by forestry activities
				  including acreage of nontidal wetland to be harvested.
(2) The method and schedule for harvesting as
				  prepared by a registered professional forester.
(3) A description of equipment to be used to
				  conduct forestry activities in nontidal wetlands.
(4) The estimated location of:
(a) Major skid trails;
(b) Log decks; and
(c) Roads.
(5) The proposed location of diversion
				  ditches.
(6) A description of
				  anticipated site preparation methods. Methods may include one or more of the
				  following, as appropriate:
(a)
				  Bedding;
(b)
				  Stabilization;
(c) Additional
				  clearing or stump removal;
(d)
				  Chemical treatment.
(7)
				  Description of measures to rectify disturbances from temporary forest roads,
				  log decks, skid trails, and other temporary structures as necessary.
(8) The proposed planting or regeneration
				  method.
(9) Forestry activities and
				  protection areas in nontidal wetlands of special State concern described in
				  Regulation .02E(4) of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.06 - Nontidal Wetlands of Special State Concern › Section 26.23.06.01 - Areas Designated as Nontidal Wetlands of Special State Concern

Current through Register Vol. 51, No. 14, July 12, 2024
Maps of areas designated as nontidal wetlands of special
					 State concern shall be maintained by the Department and available for public
					 review. Areas designated as nontidal wetlands of special State concern are
					 listed below:
Site Name - - - - - - - - - - - - U.S.G.S Quad Name
A. Allegany County.
(1) Fifteenmile Creek Macrosite --
				  Artemas
(2) Little Knob Seep --
				  Evitts Creek
(3) Long Pond --
				  Artemas
(4) Murley Branch Spring --
				  Flintstone
(5) North Branch
				  Bottomland -- Patterson Creek
(6)
				  Pinto Marsh -- Cresaptown
(7)
				  Potomac Bends Wildland -- Paw Paw
(8) Selinger Marsh -- Flintstone
(9) Sideling Hill Creek Macrosite --
				  Bellegrove
(10) Spring Gap
				  Bottomland -- Patterson Creek
(11)
				  West Fairplay -- Paw Paw
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.06 - Nontidal Wetlands of Special State Concern › Section 26.23.06.02 - Areas Designated as Nontidal Wetlands of Special State Concern Located in the Critical Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maps
				  of areas designated as nontidal wetlands of special State concern in the
				  Critical Area shall be maintained by the Department and available for public
				  review. Areas designated as nontidal wetlands of special State concern in the
				  Critical Area are listed in §§B-Q of this regulation.
Site Name - - U.S.G.S. Quad Name
B. Anne Arundel County.
(1) Boyd Pond -- Sparrows Point
(2) Cypress Creek Swamp Natural Heritage Area
				  -- Round Bay
(3) Iliff's Ravine --
				  Round Bay
(4) Letha Pond --
				  Sparrows Point
(5) Mountain Road
				  Peninsula Bog Complex -- Round Bay, Gibson Island
(6) Orchid Woods -- Annapolis
(7) Rucker's Ravine -- Round Bay
(8) Severn Run East -- Round Bay
(9) Upper Patuxent Marshes Natural Heritage
				  Area -- Bristol
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.06 - Nontidal Wetlands of Special State Concern › Section 26.23.06.03 - Best Management Practices for Nontidal Wetlands of Special State Concern and Expanded Buffers

Current through Register Vol. 51, No. 14, July 12, 2024
If a permit or other authorization is granted, the
					 Department may require an applicant to comply with best management practices,
					 including one or more of the following:
A. Protect against future disturbances to the
				  nontidal wetland of special State concern by showing its surveyed boundary,
				  expanded buffer, waterways, and 100-year floodplains on the property deed, and
				  recording the information with the county;
B. Avoid impacts to regulated wetlands,
				  buffers, expanded buffers, waterways, 100-year floodplains, and steep slopes or
				  highly erodible soils as described in COMAR
				  26.23.01.04 o C that may cause an
				  adverse impact to the nontidal wetland of special State concern;
C. Restrict regulated activities to the
				  minimum area necessary to meet the project purpose;
D. Maintain existing groundwater recharge to
				  the nontidal wetland of special State concern and tributaries to nontidal
				  wetlands of special State concern by limiting impervious surfaces;
E. Use nonstructural stormwater management
				  practices consistent with those in COMAR 26.17.02, to the extent practicable,
				  such as infiltration, retention of forest, wetlands, and associated buffers,
				  undisturbed floodplains, open space, and steep slopes, in association with
				  structural stormwater management on properties with nontidal wetlands of
				  special State concern or tributaries to nontidal wetlands of special State
				  concern;
F. Manage runoff so that
				  there is no direct discharge of stormwater into wetlands or
				  waterways;
G. Restrict impervious
				  surface on the project site to 15 percent or less, where practicable;
H. Install sediment controls such as super
				  silt fences or comparable controls to completely surround all disturbed areas
				  and maintain controls daily;
I.
				  Stabilize disturbed areas daily with noninvasive native species;
J. Place vegetative waste, including yard
				  waste, grass clippings, leaves, etc. or other debris outside of regulated
				  wetlands, expanded buffers, waterways, and 100-year floodplains that are in the
				  drainage area of the nontidal wetland of special State concern; or
K. Use other management practices listed in
				  COMAR 26.23.03.02 o.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is the goal
				  of the State to preserve the tidal wetlands of the State, prevent their loss
				  and despoliation, and strive for a net resource gain in tidal wetland acreage
				  and function. An applicant for a license or permit required under this subtitle
				  shall design a project to first avoid and then minimize the loss of tidal
				  wetlands. If the Department determines that the loss of tidal wetlands is
				  unavoidable and may be licensed or permitted by the Department or recommended
				  for licensing to the Board of Public Works, the permit or license shall require
				  mitigation in accordance with this subtitle. Tidal wetlands are found in the
				  Chesapeake Bay, the tidal tributaries to the Chesapeake Bay, and the 3-mile
				  area seaward of the low water mark of Maryland's Atlantic coast.
B. These regulations combine in one subtitle
				  the Department's processing of applications for licenses to conduct activities
				  in or over State tidal wetlands and for permits to conduct activities on
				  private tidal wetlands. However, it is not the intent of these regulations to
				  change the legal distinctions between State tidal wetlands and private tidal
				  wetlands. The State holds State tidal wetlands in a proprietary capacity, in
				  trust for the benefit of the people of Maryland. The Department regulates the
				  activities of private persons on private tidal wetlands. When the Department
				  acts on the application for a permit to conduct activities on private tidal
				  wetlands, it is regulating the exercise of preexisting property rights. In
				  contrast, when the State acts on an application for a license to conduct
				  activities in or over State tidal wetlands, it is deciding whether or not to
				  grant to a person certain limited property rights that the person did not have
				  previously, and, in making that decision, the State enjoys the same discretion
				  that any owner has in deciding whether to grant to another an interest in the
				  owner's property.
C. This subtitle
				  describes the Department's review of license applications for the dredging or
				  filling of State tidal wetlands and the construction, reconstruction, or repair
				  of structures on State tidal wetlands. Following the Department's review of an
				  application, the Department shall make a decision or the Department shall
				  submit a recommendation to the Board of Public Works. The Board of Public Works
				  shall take final action on an application for a license in accordance with
				  COMAR 23.02.04.
D. This subtitle
				  also describes the Department's review of permit applications for dredging,
				  filling, removing, or otherwise altering or polluting private tidal wetlands.
				  Following review of an application, the Department shall make a decision in
				  accordance with these regulations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.03 - Delegation of Authority from the Board of Public Works

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with COMAR
					 23.02.04.04 o A, the Board has
					 delegated to the Department the authority to reject, authorize, modify,
					 condition, or deny applications for construction or replacement of pilings,
					 fixed or floating piers, decks, walkways, boathouses, and related structures on
					 piers.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.04 - Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exemptions
				  from Public Notice for a State Wetlands License. If the Department recommends
				  to the Board that a State wetlands license be granted, the Board may issue a
				  license without public notice for:
(1)
				  Projects which qualify under the general license in COMAR
				  26.24.02.04 o;
(2) Construction of a shore erosion control
				  structure other than a revetment, if the fill area is less than 300 feet in
				  length parallel to the upland and as close to the upland as structurally
				  feasible, but not more than 10 feet channelward of the mean high water
				  line;
(3) Repair or replacement of
				  a bulkhead for the purpose of shore erosion control when the bulkhead is
				  presently functional, but is deteriorating or damaged, only if the repair or
				  replacement structure does not extend more than 18 inches channelward of the
				  existing structure measured from the channelward face of the existing piling to
				  the landward face of the proposed sheeting, although replacement may include
				  stone or broken concrete placed along the base of the bulkhead, only if the
				  stone or broken concrete does not extend more than 10 feet channelward of the
				  bulkhead; and
(4) Construction or
				  repair of a private, noncommercial boat ramp only if the ramp does not exceed
				  12 feet in width and extend more than 30 feet channelward of the mean high
				  water line.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.05 - Public Informational Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may request the
				  Department or the Board to hold a public informational hearing on a project
				  requiring public notice. A request shall be in writing to the
				  Department.
B. If a hearing is
				  requested, the Department shall set the date, time, and place for the hearing.
				  Notice of the hearing shall be given by:
(1)
				  Publication in a daily newspaper distributed in one or more counties which the
				  Department determines may be directly affected by the project, or if there is
				  no local daily newspaper, in a newspaper of general circulation in that
				  county;
(2) Publication in the
				  Maryland Register; and
(3) Selected
				  mailing to federal, State, county, or municipal authorities, and other list of
				  interested persons.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.06 - Violations of Statutory, Regulatory, License, or Permit Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination of
				  Violation. The Department shall serve a written complaint on a violator if it
				  determines that there has been a violation of:
(1) Any provision of Environment Article,
				  16-101-----16-503, Annotated Code of Maryland;
(2) A regulation in this subtitle;
(3) A license or permit condition;
				  or
(4) An administrative
				  order.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.01 - General › Section 26.24.01.07 - Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Department determines, from the information submitted with an application for a
				  private wetlands permit, that a waiver of a regulation of this subtitle is in
				  the public interest, the Department may grant relief from the requirement upon
				  request.
B. If a waiver results in
				  the loss of tidal wetlands, the applicant is required to mitigate for that loss
				  in accordance with COMAR
				  26.24.05.01 o.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.01 - General Requirements for a State Tidal Wetlands License or Private Tidal Wetlands Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. License or
				  Permit Required. Except as set forth in §C of this regulation, before beginning
				  any work, a person who proposes to construct or reconstruct structures, or to
				  dredge or fill a State or private tidal wetland, shall obtain a:
(1) License from the Board; or
(2) License, general license, general permit,
				  or permit from the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.02 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May
				  Apply. An applicant for a license or permit is a person:
(1) With a riparian interest in private tidal
				  wetlands or upland adjacent to State tidal wetlands, or an agent designated by
				  the person with riparian interest; or
(2) Seeking approval for navigation, mining,
				  aquaculture, archeology, or similar projects in tidal wetlands.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.03 - Criteria for Evaluating Tidal Wetlands License or Permit Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evaluation
				  Criteria.
(1) The criteria in this regulation
				  are presented to assist in preparing an application and to provide a consistent
				  basis for recommendations and decisions for licenses or permits.
(2) As the basis for a recommendation or
				  final decision, including approval, denial, suspension, or modification of a
				  license or permit, the Department shall take into account ecological, economic,
				  developmental, recreational, and aesthetic values of tidal wetlands in order to
				  preserve tidal wetlands and prevent their despoliation and loss.
(3) When reviewing an application for a
				  license, the Department considers the proprietary interests of the Board over
				  State tidal wetlands.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.05 - General Tidal Wetlands Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall issue a general
				  wetlands permit to the Administration for those activities in private wetlands
				  listed in §B of this regulation. A person proposing an activity in private
				  tidal wetlands under the general wetlands permit shall apply to the
				  Administration. The Administration shall consider the ecological, economic,
				  developmental, recreational, and aesthetic values of the proposed project and
				  determine if the project proposed in the application qualifies under the
				  general wetlands permit. If a project qualifies under the general wetlands
				  permit and does not require mitigation under COMAR
				  26.24.05.01 o, the Administration
				  may issue the authorization directly to the applicant.
B. General Wetlands Permit Projects. Projects
				  which qualify for approval under the general permit include projects described
				  in Regulation .04 of this chapter and projects to:
(1) Install or maintain underground utilities
				  such as phone, cable television, electricity, or natural gas pipelines not
				  exceeding 12 inches in diameter if the surface of the wetlands is restored to
				  its original elevation and vegetation;
(2) Conserve soil, vegetation, water, fish,
				  shellfish, and wildlife using best management practices; and
(3) Improve wildlife habitat as approved by
				  the Administration.