Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.01 - General › Section 26.23.01.03 - County Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request
				  for Delegation.
(1) The Department may
				  delegate all or part of its authority under the Act to a county that enacts a
				  nontidal wetlands protection program that meets or exceeds the standards
				  adopted by the Department.
(2) To
				  request delegation, a county shall submit a written request to the Department
				  which includes the following information:
(a)
				  A copy of the proposed program, as enacted, or other evidence of authority to
				  implement a program;
(b) Schedule
				  for program implementation and procedures;
(c) Description of overall program
				  administration, including sufficient staff for enforcement, administration, and
				  training;
(d) Proposed program
				  budget and funding; and
(e)
				  Evidence that the program has been approved by the county legislative
				  body.
(3) The Department
				  may provide technical assistance and a model county ordinance for use and
				  consideration by a county.
(4)
				  Within 30 days of receiving all of the information in this section, the
				  Department shall submit written comments to the county, including
				  recommendations and proposals for program revisions and improvements. This time
				  period may be modified by mutual agreement of the Department and the county. A
				  county shall resolve any issues raised in the Department's written comments to
				  the Department's satisfaction, including making any required legislative
				  changes.
(5) In reviewing the
				  acceptability of the county's program, the Department may consider:
(a) Consistency with the minimum standards of
				  the Act;
(b) Consistency with this
				  subtitle;
(c) Whether the county
				  employs or plans to employ an adequate number of qualified personnel to
				  implement the program; and
(d)
				  Likelihood of successful implementation.
(6) When the county has formally approved a
				  program satisfactory to the Department, the Department shall, in writing, grant
				  or deny delegation. If denied, the Department, in writing, shall state its
				  grounds for denial. The Department may not deny a requested delegation unless
				  opportunity has been afforded to the appropriate officials of the affected
				  county to present arguments before the Secretary on why delegation should be
				  granted. The presentation of arguments to the Secretary is not a contested case
				  hearing. The Secretary's determination shall be final.
(7) If granted, delegation shall be effective
				  from the date of written notice to the county and shall continue for not more
				  than 2 years unless renewed or withdrawn by the Department.
(8) A county accepting delegation in
				  accordance with this subtitle shall:
(a) Use
				  the joint federal and State permit application form;
(b) For activities not qualifying under a
				  State programmatic general permit from the U.S. Army Corps of Engineers, issue
				  a joint State and county permit on a form adopted by the Department; the joint
				  State and county permit shall be separate and distinct from existing county
				  permits and approval; and
(c) For
				  activities qualifying under a State programmatic general permit, issue a
				  recommended permit decision to the Department.
(9) If a county is authorized to issue
				  permits for activities qualifying under a State programmatic general permit, it
				  shall establish a nontidal wetland compensation fund, independent of the fund
				  maintained by the Department, in accordance with the Act and COMAR
				  26.23.04.07 a.