Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.04 - Construction on Nontidal Waters and Floodplains › Section 26.17.04.04 - Permit Applications - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application to the Administration shall
				  include all studies, surveys, calculations, tests, and data necessary for
				  determining the adequacy of the project design. The degree of investigation
				  needed for a specific project is a matter of the Administration's judgment
				  based upon the magnitude and impact of the project and the complexity of the
				  site. The applicant shall demonstrate to the Administration that sufficient
				  investigations have been made and that adequate allowances have been applied to
				  the design. The Administration may waive a requirement not pertinent to the
				  decision. In addition, the Administration may require the submission of
				  additional information or data it finds appropriate.
B. An application to the Administration shall
				  include evidence of the benefits to be derived from the project. This evidence
				  shall be stated in monetary terms or, when more appropriate, other quantitative
				  or qualitative terms.
C. A proposed
				  project shall be consistent and compatible with overall basin, flood
				  management, or watershed development plans, if any, prepared, adopted, or
				  approved by the State or a local jurisdiction.
D. An environmental study of the significant
				  effects of the project may be required of the applicant by the Administration.
				  The Administration may require that the study include an inventory of the
				  existing vegetation, fish, wildlife, scenic, recreational, and historic values
				  located within the project area. The study shall also include a description of
				  mitigation measures proposed to minimize the potential adverse effects of the
				  project.
E. An application to the
				  Administration shall include provisions assuring the maintenance and operation
				  of the proposed project throughout the project's existence.
F. Unless waived by the Administration,
				  hydrologic calculations shall be based on the ultimate development of the
				  watershed, assuming existing zoning.
G. Information required by these regulations
				  shall be submitted to the Administration, in a manner and form acceptable to
				  the Administration, before the Administration will take final action on the
				  application.
H. The Administration
				  shall furnish application forms for permits upon request. The owner of the
				  proposed project or his duly authorized representative shall complete and sign
				  the application form.
I. When
				  required in writing by the Administration, the applicant shall engage a
				  qualified professional engineer, practicing in accordance with the laws of
				  Maryland, to certify that the design meets all of the requirements of the
				  Administration.
J. The
				  Administration may refuse to process an application until the applicant has
				  certified in writing to the Administration that all local land use
				  requirements, including zoning, special exceptions, variances or conditional
				  uses, necessary for the location and operation of the proposed works have been
				  satisfied. It is the applicant's responsibility to obtain State, federal, or
				  local approvals not addressed in the regulations contained in this chapter.
				  Obtaining a permit under this chapter does not relieve the permittee from
				  obtaining other approvals as may be required.
K. Hydrologic and hydraulic computations
				  shall use methods in the public domain which are verifiable.
L. Unless waived by the Administration,
				  project plans shall include survey and topographic information that is
				  referenced to a bench mark based on the National Geodetic Vertical Datum of
				  1929 which is incorporated by reference under 41 FR 20202 (1976).
M. Final action on any application will be
				  deferred pending receipt of an approved sediment and erosion control plan from
				  the local soil conservation district, when the local approval is required under
				  COMAR 26.17.01.
N. An applicant
				  shall agree to allow a reasonable inspection of the proposed project site by
				  representatives of the Administration.