reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.07 - Licensed Tree Experts › Section 08.07.07.08 - Violation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Natural Resources Article, §
									5-421(b), Annotated Code of Maryland, the Department of Natural Resources may temporarily suspend, for a period not to exceed 2 years, the license of a licensed tree expert who violates this chapter. This power of suspension is in addition to, and not in limitation of, the Department of Natural Resources' power to revoke or suspend a tree expert license pursuant to Natural Resources Article, §
									5-421(a), Annotated Code of Maryland.
B. Before the suspension, revocation, or denial of a tree expert license, the Department shall provide a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.
C. During the suspension or revocation of a tree expert license, the tree expert shall not engage in performing tree care work, whether or not under the supervision of a licensed tree expert, for the period of the suspension or revocation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.01 - 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) "Commercial logging or timber harvesting operations" means the cutting and removing of tree stems from a site for commercial purposes while leaving the root mass intact.
(2) Forest Products.
(i) "Forest products" includes trees or parts of trees that are harvested for compensation.
(ii) "Forest products" includes green lumber, logs, pulpwood, firewood, bark, chips, shavings, and sawdust.
(3) "Forest products operator" means a person who represents to the public that the person is available to engage in the commercial trade of forest products, including the harvesting, transporting, selling or re-selling of forest products.
(4) "Licensed forest products operator" means a person who has received a license from the Department displaying the person's qualification to practice as a forest products operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.02 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
Forest products may be sold for compensation only by a person licensed as a forest products operator by the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.03 - Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed forest products operator shall comply in all respects with applicable statutes and regulations pertaining to forest products operations.
B. A licensed forest products operator may not engage in any form of false or misleading advertising or promotional activities, including the falsification or misrepresentation of:
(1) The professional or trade qualifications or affiliations of the forest products operator; or
(2) The experience or licensing status of the forest products operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.04 - Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A licensed forest products operator is responsible for the quality and content of all work and acts performed by those working under the license.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.05 - Requirements for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualifications; Issuance. The Department shall issue a forest products operator license to any applicant who:
(1) Pays the fee of $20 per year; and
(2) Completes a form provided by the Department indicating the applicant's sales of forest products during the previous calendar year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.06 - Prohibited Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
Illegal Action and Activity. A person may not:
A. Solicit, advertise, or represent oneself to the public as a forest products operator without having received a license;
B. After having received the license and subsequently losing it by revocation or suspension, continue to represent oneself as a licensed forest products operator; or
C. Use the title or abbreviation "F.P.O." or any other words, letters, or abbreviations tending to indicate that one is a licensed forest products operator without having received a license, or when the license has been revoked or suspended.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.07 - Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may permanently revoke or temporarily suspend the license of any licensed forest products operator who:
(1) Is guilty of any fraud or deceit in obtaining the license;
(2) Violates any provision of Natural Resources Article, §
										5-608, Annotated Code of Maryland or this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 07 - FORESTS AND PARKS › Chapter 08.07.08 - Licensed Forest Products Operators › Section 08.07.08.08 - Voluntary Firewood Heat Treatment Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Certificate" or "certification" means a written confirmation or document from the Department which affirms that firewood heat-treatment meets the requirements of this regulation at the time of inspection.
(b) "Certified forest product operator" means a licensed forest product operator who has obtained a certificate as defined in this section.
(c) "Compliance agreement" means a written agreement between a licensed forest product operator and the Department in which the licensed forest product operator agrees to comply with the provisions of this regulation.
(d) "Department" means the Department of Natural Resources.
(e) "Firewood" means cut wood products intended for burning.
(f) "Heat-treated firewood" means firewood produced by a certified forest product operator that has been heated to a minimum temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.01 - General Provisions › Section 08.08.01.01 - Premises and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The primary purposes for the promulgation of regulations for Deep Creek Lake are the protection of the lake as a natural resource, the preservation of its ecological balance, and furtherance of its highest use as a recreational resource, recognizing that abuse of the lake by its overuse could jeopardize its well-being. A further purpose underlying the codification of these regulations is a realization that there is a relationship between the quality of the recreational experience on Deep Creek Lake and the level of recreational use. It is recognized that at some point recreational use of the lake could be said to have reached a saturation level, and intensification of lake usage beyond that point would begin an increasing deterioration of the quality of the recreational experience and perhaps of the overall health and well-being of the lake as a natural resource. Therefore, it is recognized that the highest and best plan for Deep Creek Lake as a recreational resource shall take into consideration a balance between the greatest possible level of recreational use of the lake and the quality of the recreational experience. This balance can only be achieved by providing some type of control of the level of usage as the saturation point is approached. An important and fundamental consideration in the drafting of these and future regulations, therefore, has been and will be to work toward a reasonable balance preserving an acceptable quality of recreational experience on Deep Creek Lake, while at the same time providing for the greatest use of the lake consistent with a quality experience and safety of all users of the lake.
B. The State of Maryland owns Deep Creek Lake in Garrett County, Maryland including the land under the lake and the buffer strip. The Department has allowed and will allow the public and surrounding landowners to use, and in certain instances to occupy, the waters of the lake, the land beneath the lake, and the buffer strip, but only as a matter of privilege. Permanent or long-term property interests in these properties are not intended to be granted to the public or to surrounding landowners in connection with recreational use of the lake and buffer strip under this subtitle.
C. The Department has authority and responsibility under State law to regulate many public, recreational uses of natural resources in and around the lake, such as boating and fishing. Other regulations in this title also apply to activities on the lake and buffer strip. This subtitle defines how the Department will carry out this additional right and responsibility.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.01 - General Provisions › Section 08.08.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adjacent Landowner" means a person, other than a commercial landowner, who:
(a) Owns property immediately adjacent to the buffer strip;
(b) Owns property immediately adjacent to a public right-of-way that is adjacent to the buffer strip;
(c) Has deeded access to the buffer strip; or
(d) Is eligible to apply for a buffer strip use permit pursuant to COMAR 08.08.05.02B(1)(b).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.03 - Buffer Strip Uses › Section 08.08.03.01 - General Public Use of the Buffer Strip

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. The provisions of this regulation apply to the general public, including persons who own property adjacent to the buffer strip but who do not obtain a buffer strip use permit.
B. Permissible Uses.
(1) A person may walk along any portion of the buffer strip.
(2) In an emergency a person may use any portion of the buffer strip for access to and from the lake.
(3) A person who holds a valid fishing license may fish from the buffer strip.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.03 - Buffer Strip Uses › Section 08.08.03.02 - Adjacent Landowner Use of the Buffer Strip

Current through Register Vol. 51, No. 14, July 12, 2024
Permit Required. An adjacent landowner may make only such uses of the buffer strip as are authorized for the general public, unless the landowner obtains a buffer strip use permit from the lake manager, or is a member of an association, condominium, or group validly operating a common dock facility for residential purposes, which has obtained a valid buffer strip use permit.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.03 - Buffer Strip Uses › Section 08.08.03.03 - Commercial Landowner Use of the Buffer Strip

Current through Register Vol. 51, No. 14, July 12, 2024
A commercial landowner shall be regulated in the same manner in which an adjacent landowner is regulated, and shall be subject to all the same provisions. In addition, a commercial landowner shall have his or her buffer strip use permit validated for commercial use.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.01 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Permits.
(1) A permit does not constitute an interest in property or a proprietary right in the buffer strip or the lake.
(2) A person acting under a permit may not engage in any activity which interferes with the operation of the lake as a hydroelectric project or with authorized public use of the buffer strip or lake.
(3) Guests or tenants of a permittee may use the buffer strip in the same way as a permittee, unless restricted by the permittee.
(4) A buffer strip use permittee or guests or tenants may only use the buffer strip as authorized under Regulation .03 of this chapter. Other uses of the buffer strip by a buffer use permittee are prohibited unless authorized by a special permit, a development permit, or a nonconforming use permit.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.02 - Buffer Strip Use Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An adjacent or commercial landowner who desires to use the lake or buffer strip other than as a member of the general public shall obtain a buffer strip use permit. Issuance of a buffer strip use permit entitles:
(1) An adjacent landowner to use the lake and buffer strip as provided in Regulation .03 of this chapter; and
(2) A commercial landowner to use the lake and buffer strip as provided in Regulation .05 of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.03 - Uses Permitted with a Buffer Strip Use Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. An adjacent landowner who obtains a buffer strip use permit may:
(1) Make general, nonprofit recreational use of the buffer strip.
(2) Fish from the buffer strip if the person has a valid fishing license.
(3) Maintain vegetation on the buffer strip by mowing grass and lawn care, including seeding, trimming, and such other activities as are necessary for maintenance of the grass only.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.04 - Uses Not Permitted within a Buffer Strip Use Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A buffer strip use permittee may not:
(1) Install a facility on, or use the buffer strip to interfere with operations of the Deep Creek hydroelectric project or with improvement to or installation of public works;
(2) Discharge sewage or waste into the lake;
(3) Install or expand septic systems, including tanks and drain fields, on the buffer strip or as prohibited by any law or regulation relating to septic systems;
(4) Bury or dispose of garbage or trash in the lake or on the buffer strip;
(5) Remove or plant trees or shrubbery on the buffer strip without written consent by the lake manager;
(6) Alter or obstruct the natural flow of water in the lake;
(7) Erect fences or other obstructions on the buffer strip;
(8) Dredge or fill the lake except as authorized by a special permit;
(9) Perform maintenance activities including the removal or pruning of live trees, the applying of fertilizers, weed control agents, or other chemicals, the cutting of undergrowth, or any other form of maintenance on the buffer strip, except by authorization of a special permit;
(10) Remove water from the lake without the written consent of the lake manager;
(11) Interfere with public uses of the lake authorized by these regulations or the lake manager; or
(12) String a rope or cable across the water in a way that creates a safety hazard to lake users.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.05 - Special Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) The following persons shall be required to obtain a special permit:
(a) A buffer strip use permittee who desires to use, alter, modify, or improve the lake or buffer strip other than as authorized under a buffer strip use permit;
(b) A commercial landowner who desires to install more than one dock with three slip spaces or moorings, or who wishes to use a boat launch ramp for commercial purposes.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.06 - Development Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permit Required. A person intending to develop property adjacent to the buffer strip, and who should reasonably anticipate future requests for one or more buffer strip use permits in connection with the development and use of the property, shall obtain a development permit, if the property or the buffer strip, or both, are to be used in any of the following ways:
(1) By constructing more than one residential unit which has or will have deeded access to the same area of buffer strip;
(2) By constructing multiple family dwellings with access to the buffer strip;
(3) By installing or expanding a common dock facility;
(4) By constructing or adding onto a hotel, motel, condominium, or convention center with access to the buffer strip.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.07 - Notice of Application for Development Permit or Commercial Validation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of an application for a development permit, or an application for a special permit filed by a person who requests validation of his buffer strip use permit for commercial use and desires to install more than one dock with three slip spaces, the lake manager shall take the following actions:
(1) Publish a notice of the filing and a summary of the application in a Garrett County newspaper of general circulation for at least 2 consecutive weeks, beginning not later than 10 days from the date of filing of the application.
(2) Forward a copy of the application to each property owner whose property borders the application property and the buffer strip. Within 10 days of the filing:
(a) Mail a copy of the application to the bordering property owner by Certified Mail - Return Receipt Requested, and regular mail;
(b) Forward to each member of the Deep Creek Lake Advisory and Review Committee a copy of the application.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.05 - Permits › Section 08.08.05.08 - Nonconforming Use Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any use, structure, dock, or vessel which does not conform to these regulations is prohibited, unless the owner has obtained a nonconforming use permit by November 5, 1986, unless good cause for delay is shown.
B. A nonconforming use permit entitles the permittee to use the structure, dock, or vessel as provided in this regulation, and shall be obtained in addition to any other permits required under this subtitle.
C. Application. A person who desires to obtain a nonconforming use permit shall:
(1) Have applied to the lake manager on a form provided by the Department not later than November 6, 1986, unless good cause for delay is shown; and
(2) Submit evidence to the lake manager that the structure, building, dock, or vessel for which a nonconforming use permit is sought was in existence lawfully and authorized by the Department before May 5, 1986.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.06 - Permit Suspension and Revocation › Section 08.08.06.01 - Cause for Suspension or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A permit issued under these regulations may be suspended or revoked if the lake manager determines that the permittee or any person acting under the permit has violated these regulations or the terms of the permit.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.06 - Permit Suspension and Revocation › Section 08.08.06.02 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to permit suspension and revocation for any permit by the lake manager.
B. All notices and determinations by the lake manager shall be made in writing and delivered in person or by mail. Mailing of a notice or determination by certified mail, return receipt requested, to the permittee at each address provided in the permittee's permit application shall constitute adequate constructive notice for further proceedings under this subtitle.
C. Upon determination that grounds exist for permit suspension or revocation, the lake manager shall notify the permittee in writing of the intent to suspend or revoke the permit. The notice of intent to suspend or revoke shall describe the violation and state the corrective measures, if any, that the permittee may take within 15 days to remedy the violation.
D. Final Determination.
(1) If a violation is corrected, the lake manager may rescind the notice of intent to suspend or revoke.
(2) If a permittee fails to correct the violation within 15 days of receipt of the notice of intent to suspend or revoke, the lake manager shall suspend or revoke the permit.
(3) When a permit is suspended for 15 days or less, a person may not engage in activity authorized by the permit or use a facility installed under a permit for the period of permit suspension.
(4) When a permit is suspended or revoked for more than 15 days, a person may not engage in activity previously authorized by the permit, and within 15 days of receipt of the notice of revocation, the permittee shall remove any dock, mooring buoy or structure installed under the permit. Removal shall be in accordance with COMAR 08.08.07.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.07 - Removal of Docks, Mooring Buoys, Structures, and Facilities › Section 08.08.07.01 - Lapse, Revocation, or Other Termination of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon lapse, revocation, or other termination of a permit, a permanent structure or facility under the permit shall remain with the land unless the Department orders removal in writing for the following reasons:
(1) The Department determines that the structure or facility is or may become a safety hazard;
(2) The Department determines that the structure or facility is or may become an interference with the operation of the Deep Creek Lake hydroelectric project;
(3) The Department determines that the structure or facility is or may become an interference with public use of the buffer strip; or
(4) The Department determines the structure or facility should be removed for aesthetic reasons due to dilapidation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.07 - Removal of Docks, Mooring Buoys, Structures, and Facilities › Section 08.08.07.02 - Removal of Safety Hazards

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may immediately remove, or the lake manager may order the immediate removal of, a safety hazard on the buffer strip or in the lake. The lake manager shall notify the permittee or other responsible person by certified mail. The person responsible for creating the safety hazard shall be liable to the Department for all costs of removal and damage to the lake or buffer strip, or both.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.07 - Removal of Docks, Mooring Buoys, Structures, and Facilities › Section 08.08.07.03 - Removal by Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon failure of a person to remove a structure or facility within 30 days after notice to remove is sent by the lake manager, the Department may have the structure or facility removed. The person shall be liable to the Department for the cost of removal and storage.
B. A person who places or maintains a dock, mooring buoy, or other facility without first obtaining a permit from the lake manager, or after suspension or revocation of a permit, shall be subject to removal of the facility by the Department at the expense of that person.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.07 - Removal of Docks, Mooring Buoys, Structures, and Facilities › Section 08.08.07.04 - Reclamation

Current through Register Vol. 51, No. 14, July 12, 2024
A person may reclaim a dock, mooring buoy or structure removed and stored by the Department by reimbursing the Department for the cost incurred. If a person fails to reclaim the property within 6 months of its removal, the Department may dispose of the property.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.07 - Removal of Docks, Mooring Buoys, Structures, and Facilities › Section 08.08.07.05 - Failure to Comply

Current through Register Vol. 51, No. 14, July 12, 2024
If the lake manager orders removal of the structure, facility, safety hazard, dock, or mooring buoy and the permittee fails to comply within the time allowed, then the bond in COMAR 08.08.05.05A(4), if required, shall be forfeited and the proceeds applied to:
A. Removal;
B. Damages to the lake or buffer strip, or both; and
C. Storage.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.08 - Appeals › Section 08.08.08.01 - Right of Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who is aggrieved by a decision of the lake manager relating to a permit application or permit violation may file a written appeal with the Secretary of the Department of Natural Resources not later than:
(1) 30 days after the date of the lake manager's final decision; or
(2) If the lake manager fails to act, 30 days from the last date the lake manager may act under COMAR 08.08.05.01D(2).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 08 - DEEP CREEK LAKE › Chapter 08.08.09 - Violation of Regulations › Section 08.08.09.01 - Violation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to all other remedies and penalties set forth in this subtitle, violation of the regulations is a misdemeanor punishable under Natural Resources Article, §
									5-1301, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 09 - STATE-OCEAN CITY BEACH EROSION CONTROL DISTRICT › Chapter 08.09.01 - Activities or Uses in the Beach Erosion Control District › Section 08.09.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means Department of Natural Resources.
(2) "Land clearing" means clearing, disturbing, grading, moving, placing, or removing earth, sand, or beach grasses or other vegetation.
(3) Permanent Structure.
(a) "Permanent structure" means building or construction materials, or a combination of the materials, assembled or joined together.
(b) "Permanent structure" includes seasonal or year-round decks, patios, walkways, steps, stairways, pools, paved or impervious surfaces, terraces, platforms, gazebos, footbridges, shelters, carports, railing, blinds, or other structures for eating, sleeping, working, or recreating.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 09 - STATE-OCEAN CITY BEACH EROSION CONTROL DISTRICT › Chapter 08.09.01 - Activities or Uses in the Beach Erosion Control District › Section 08.09.01.02 - Prohibited Activities or Uses in the Beach Erosion Control District

Current through Register Vol. 51, No. 14, July 12, 2024
Land clearing, construction activity, or the construction or placement of permanent structures within the beach erosion control district is prohibited.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 09 - STATE-OCEAN CITY BEACH EROSION CONTROL DISTRICT › Chapter 08.09.01 - Activities or Uses in the Beach Erosion Control District › Section 08.09.01.03 - Allowable Activities or Uses in the Beach Erosion Control District

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department and the Worcester County Soil Conservation District may approve activities or uses under Regulation .02 of this chapter solely for the purposes of beach erosion control and sediment control in the beach erosion control district.
B. Approval of an activity or use under § A of this regulation does not relieve the user from the requirement to comply with applicable federal, State, or local laws.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 09 - STATE-OCEAN CITY BEACH EROSION CONTROL DISTRICT › Chapter 08.09.02 - Beach Erosion Control District › Section 08.09.02.01 - Location

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ocean City. The beach erosion control district is the area of land bordered on the north by the boundary line between Maryland and Delaware, bordered on the east by the Atlantic Ocean, bordered on the south by the Ocean City inlet, and bordered on the west by the State-Ocean City building limit line.
B. Assateague Island. The beach erosion control district is the area of land bordered on the north by the Ocean City inlet, bordered on the east by the Atlantic Ocean, bordered on the south by the boundary line between Maryland and Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 10 - SHORE EROSION CONTROL › Chapter 08.10.01 - General › Section 08.10.01.01 - Reimbursement for Shore Erosion Control Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall be reimbursed for shore erosion related technical and administrative services provided to a property owner, municipality, county, or other entity.
B. The amount of reimbursement determined to be payable to the Department shall be based on a schedule of assessable charges established by the Department for services rendered in connection with shore erosion control projects.
C. The schedule of charges shall provide a sliding scale for the imposition of charges for full services. The sliding scale shall provide for a maximum rate of 10 percent for projects with construction costs estimated to be $5,000 or lower, and a minimum rate of 3 percent for projects with construction costs of $500,000 or higher.
D. In this regulation, "full services" means services rendered by the Department in all areas of a project, such as project:
(1) Initiation;
(2) Planning;
(3) Funding;
(4) Design;
(5) Construction;
(6) Repayment; and
(7) Performance.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 12 - BOARD OF WELL DRILLERS › Chapter 08.12.00 - Transferred to the Department of Environment, COMAR 26.05.01

Current through Register Vol. 51, No. 14, July 12, 2024
Authority: Environment Article, §
										13-101 et seq., Annotated Code of Maryland
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.01 - Power Plant Siting Program › Section 08.13.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Detailed proposal" means a concise and professional technical discussion and work plan, cost estimate, identification of key personnel designated to carry out the work, and documentation of previous experience in pertinent areas.
B. "Duplicated data or material" means data for a given site that has been collected independently by both the State and the electric companies where a single, unified effort to collect this data would, within reason, have served both parties. It may not be interpreted as duplication if federal regulations require independent studies by applicants and the cognizant federal agency has ruled it will not accept the studies carried out by the Maryland Power Plant Siting Program.
C. "Highest quality" means that a consensus of knowledgeable and experienced scientists and responsible decision makers would support the findings and conclusions resulting from the data collection and data analysis of a research project.
D. "Impartial panel" means a group of individuals chosen by the company to evaluate the contractors, including at least one staff member of the Maryland Power Siting Program (MPPSP) selected by MPPSP. Any member of Maryland's Power Plant Environmental Research Guidance Committee, Site Evaluation Team, and Monitoring Team requested to serve will be an ex officio member with advisory status.
E. "Real-time access" means access to the data as it is collected, without the requirement to await its interpretation or publication. This data, when clearly labeled as unvalidated by the company, will not be published or used as scientific evidence.
F. "Research projects" means any studies which are under the parameter of Natural Resources Article, §
									3-303, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.01 - Power Plant Siting Program › Section 08.13.01.02 - Guidelines for Research Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. This regulation provides guidelines to the State's electric companies for preparation of requests for reimbursement for environmental research specifically required to satisfy application and permit requirements by federal, State, and local regulatory agencies under the Natural Resources Article, §
									3-302, Annotated Code of Maryland (hereinafter "the Act"). The objective of §3-302 of the Act is to coordinate environmental research with respect to power plant siting in order to prevent the dissipation of money, time, and effort and in order to ensure that the environmental research subject to reimbursement is required, useful, and of the highest quality.
B. Policy.
(1) The electric company shall submit its request for reimbursement to the Secretary of Natural Resources at least 90 days before the proposed research project is to begin. A request for reimbursement for a research project shall indicate that:
(a) When possible, three independent contractors' detailed proposals for the proposed research project were evaluated by the electric company;
(b) The contractor selected was recommended by an impartial panel;
(c) Applicable data, information, or reports, not requiring updating or revision, are not available to the company which would serve the same purpose as the proposed research project;
(d) The electric company will take responsibility and pay from its own funds for any duplicated data or materials;
(e) The electric company gives a real-time access to the data collected to the Power Plant Siting Program.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.02 - Pollinator-Friendly Designation of Solar Generation Facilities › Section 08.13.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to a solar generation facility that contains photovoltaic cells for the purpose of generating electricity, is ground-mounted, and is at least 1 acre in size.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.02 - Pollinator-Friendly Designation of Solar Generation Facilities › Section 08.13.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meaning indicated.
B. Terms Defined.
(1) "Designation" means a letter in writing from the Department establishing that a solar generation facility is pollinator-friendly.
(2) "Facility" means the geographic area that is occupied by permanently installed solar generation equipment, including buffers or security areas under the management of the operator of the solar generation facility.
(3) "Owner" means a person that owns the solar generation facility.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.02 - Pollinator-Friendly Designation of Solar Generation Facilities › Section 08.13.02.03 - Designation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) To apply for a pollinator-friendly designation, the owner of the solar generation facility shall submit:
(a) A completed application on a form provided by the Department; and
(b) A pollinator habitat plan.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 13 - ENERGY AND COASTAL ZONE ADMINISTRATION › Chapter 08.13.02 - Pollinator-Friendly Designation of Solar Generation Facilities › Section 08.13.02.04 - Pollinator Friendly Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A designation is valid for 2 years after the date of issuance.
B. The owner of a pollinator-friendly solar generation facility shall:
(1) Properly maintain the facility in accordance with the facility's approved pollinator habitat plan;
(2) Comply with the conditions of the designation;
(3) Make the facility's pollinator habitat plan available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations; and
(4) Notify the Department of any change in contact information for the solar generation facility within 30 days of the change, on a form provided by the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.01 - General Regulations › Section 08.15.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of these regulations is to implement the intent of the Scenic and Wild Rivers Act for that portion of the Youghiogheny River which has been designated a wild river. These regulations are designed to regulate present and future use and development of the wild river and adjacent land areas to protect their primitive qualities and characteristics, to protect the water quality of the Youghiogheny River, and to fulfill vital conservation purposes by wise use of the resources within the scenic corridor of the Youghiogheny River. For this purpose, a scenic corridor and attendant zones are defined, within which only certain enumerated appropriate uses and developments consistent with wild river designation are permitted.
B. These regulations do not open any private lands located within the scenic corridor for use or access by the public without the consent of the landowner. Designation of the scenic corridor and its attendant zones serves only to establish definable areas within which certain types of development and use shall be controlled to maintain the river for its wild and scenic values in accordance with the Scenic and Wild Rivers Act, Natural Resources Article, §
									8-409, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.01 - General Regulations › Section 08.15.01.03 - River Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with the Scenic and Wild Rivers Act, Natural Resources Article, §
									8-408(a), Annotated Code of Maryland, the wild river is that segment of the Youghiogheny River between Miller's Run and the southern corporate limits of Friendsville.
B. The scenic corridor of the wild river includes the wild river and its bottom and those adjacent land areas which are visible from the river or its contiguous shores as graphically shown in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.01 - General Regulations › Section 08.15.01.04 - Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the purposes of this subtitle, three types of zones are established within the scenic corridor as follows:
(1) Zone 1 includes:
(a) Those areas within the scenic corridor of maximum remoteness and ruggedness which are generally inaccessible by road or trail and where shoreline and adjoining lands of the wild river are essentially primitive in character, and
(b) The wild river and its bottom;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.01 - General Regulations › Section 08.15.01.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates any provision of this subtitle is subject to the penalties and fines of Natural Resources Article, §
									8-2001, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.01 - General Regulations › Section 08.15.01.06 - Maps

Current through Register Vol. 51, No. 14, July 12, 2024
A. Project Boundary Map.
Click
				  here to view Image
B. Map 1.
Click
				  here to view Image
C. Map 2.
Click
				  here to view Image
D. Map 3.
Click
				  here to view Image
E. Map 4.
Click
				  here to view Image
F. Map 5.
Click
				  here to view Image
G. Map 5A.
Click
				  here to view Image
H. Map 6.
Click
				  here to view Image
I. Map 7.
Click
				  here to view Image
J. Map 7A.
Click
				  here to view Image
K. Map 8.
Click
				  here to view Image
L. Map 9.
Click
				  here to view Image
M. Map 10.
Click
				  here to view Image
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.02 - Permitted Use and Development › Section 08.15.02.01 - Activity, Use, and Development Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise provided by law or in this subtitle, land, buildings, or structures located or to be located within the scenic corridor may not be used or developed except as permitted by this subtitle in the zone within which the land, building, or structure is located.
B. Unless otherwise provided by law or in this subtitle, commercial activity may not take place on land or water within the scenic corridor except as permitted by this subtitle.
C. In addition to any criminal penalties provided in Natural Resources Article, §
									8-2001, Annotated Code of Maryland, failure to comply with the terms and conditions of any permit issued pursuant to this subtitle may result in the revocation of the permit or refusal to renew or reissue a subsequent permit.
D. A person applying for a use or activity permit may be denied a permit if the applicant has been convicted of violation of a law or regulation implemented or enforced by the Department within the 3 years before submission of the application.
E. A person who has been issued a use or activity permit pursuant to this subtitle who is convicted of a violation of a law or regulation implemented or enforced by the Department is subject to revocation of the permit.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.02 - Permitted Use and Development › Section 08.15.02.02 - Approval for Use and Development

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise exempted under §E of this regulation, before any person begins or modifies any use or development permitted by these regulations, the person shall first submit a completed application for a use or development permit to the Department and obtain its approval.
B. The application shall:
(1) Be on a form provided by the Department; and
(2) Include a map showing the area of the scenic corridor directly affected by the proposed use or development.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.02 - Permitted Use and Development › Section 08.15.02.03 - Approval for Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise exempted, before beginning any commercial activity permitted by this subtitle, a person shall first submit an application for an activity permit to the Department and obtain its approval.
B. The application shall:
(1) Be on a form provided by the Department; and
(2) Include a map showing the area of the scenic corridor directly affected by the proposed activity.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 15 - YOUGHIOGHENY WILD RIVER › Chapter 08.15.02 - Permitted Use and Development › Section 08.15.02.04 - Residential

Current through Register Vol. 51, No. 14, July 12, 2024
A. Zone 1: Single-family detached dwellings are permitted provided that each has a minimum lot area of 10 acres with a lot width of at least 600 feet. Single-family detached dwellings shall have a minimum setback of 300 feet and a building height not exceeding 30 feet and shall be designed to be subdued in appearance and unobtrusive in color to harmonize with the surrounding environment. Clearing of natural vegetation shall be limited to that necessary for construction of the dwelling unit.
B. Zone 2: The restrictions of Zone 1 apply except that minimum lot area shall be 5 acres and minimum lot width shall be 400 feet.
C. Zone 3: The restrictions of Zone 1 apply, except that minimum lot area shall be 2 acres, minimum lot width shall be 200 feet, and all buildings shall have a minimum setback of 200 feet.
D. Accessory buildings are permitted in the three zones in A-----C of this regulation in accordance with the provisions of this regulation.
E. A home professional office and a home occupation may be conducted in any residential dwelling.