Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.07 - Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits › Section 26.01.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Water
				  Management Administration of the Department of the Environment.
(2) "Administrative Procedure Act" means
				  State Government Article, §
											10-201 et seq.,
				  Annotated Code of Maryland.
(3)
				  "Appropriate local official" means the:
(a)
				  County executive or president of the county legislative body; or
(b) Mayor or chief administrative official
				  for any city or town in which the proposed permitted activity takes
				  place.
(4) "Completed
				  application" means an application for a Subtitle 5 permit which the
				  Administration has determined is complete under the applicable statutes and
				  regulation.
(5) "Contested case
				  hearing" means an adjudicatory hearing as defined by the Administrative
				  Procedure Act.
(6) "Contiguous
				  property" means, for:
(a) Water appropriation
				  or use permit applications, those properties having a common boundary with the
				  applicant's property; or
(b)
				  Waterway construction permit applications, those properties which lie within
				  the 100-year floodplain and have a common boundary with the applicant's
				  property.
(7)
				  "Department" means the Department of the Environment.
(8) "Director" means the Director of the
				  Water Management Administration.
(9) "Filed" means received at the office of
				  the Director of the Water Management Administration, 2500 Broening Highway,
				  Baltimore, MD 21224, including received by mail, facsimile machine, or personal
				  delivery.
(10) "Hearing examiner"
				  means hearing examiner, hearing officer, administrative law judge of the Office
				  of Administrative Hearings, or other person designated to conduct a contested
				  case hearing.
(11) "Interested
				  persons list" means the mailing list of persons interested in a Subtitle 5
				  permit application that is compiled by the Department and includes:
(a) Contiguous property owners;
(b) Appropriate local officials;
				  and
(c) Individuals who comment on,
				  request hearings, or make inquiries about an application during any phase of
				  the Department's application review process.
(12) "Office of Administrative Hearings"
				  means the unit of State government authorized to conduct contested case
				  hearings.
(13) "Presiding official"
				  means a representative of the Administration designated by the Director to
				  conduct public informational hearings under this chapter.
(14) "Public informational hearing" means the
				  informational hearing conducted under Environment Article, §
											5-506, Annotated Code of
				  Maryland, at which the permit applicant, the Administration, and interested
				  persons may offer facts, exhibits, questions, and comments concerning an
				  application for a permit.
(15)
				  "Requester" means the person requesting a contested case hearing who has a
				  specific legal right, duty, interest, or privilege different from the general
				  public which is, or may be, adversely affected by the determination to grant or
				  deny a Subtitle 5 permit.
(16)
				  "Subtitle 5 permit" means a permit issued under Environment Article, §§
											5-502 and
				  5-503, Annotated Code of
				  Maryland, including those pertaining to water appropriation and use, waterway
				  construction, and waterway obstruction.