reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.05 - When Stormwater Management is Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless the particular activity is exempted
				  by this regulation, a person may not develop any land without an approved final
				  stormwater management plan from the approving agency. A grading or building
				  permit may not be issued for a property unless a final stormwater management
				  plan has been approved that is consistent with:
(1) The Stormwater Management
				  Subtitle;
(2) This
				  chapter;
(3) The county or
				  municipal ordinance.
(4) The Design
				  Manual for new development; and
(5)
				  Policies established by the local approving agency for redevelopment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.06 - Minimum Control Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  County and Municipal Requirements.
(1) The
				  minimum control requirements established in this section and the Design Manual
				  shall be contained in each county and municipal ordinance as they apply to the
				  applicable parts of the State. The minimum control requirements for each county
				  and municipality are provided in §A(2) and (3) of this regulation.
(2) All counties and their incorporated
				  municipalities shall require that the planning techniques, nonstructural and
				  structural practices, and design methods specified in the Design Manual be used
				  to implement ESD to the MEP. Stormwater management plans for development
				  projects subject to this chapter shall be designed using the ESD sizing
				  criteria, recharge volume, water quality volume, and channel protection storage
				  volume criteria according to the Design Manual. The MEP standard is met when
				  channel stability and 100 percent of the average annual predevelopment
				  groundwater recharge are maintained, nonpoint source pollution is minimized,
				  and structural stormwater management practices are used only if determined to
				  be absolutely necessary.
(3)
				  Control of the 2-year frequency storm event, 10-year frequency storm event, or
				  both is required according to the Design Manual if any county or municipality
				  determines that additional stormwater management is necessary because
				  historical flooding problems exist and downstream floodplain development and
				  conveyance system design cannot be controlled.
(4) An approving agency may require more than
				  the minimum control requirements specified in this regulation if hydrologic or
				  topographic conditions warrant or if flooding, stream channel erosion, or water
				  quality problems exist downstream from a proposed project.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.07 - Interjurisdictional Flood Hazard Watersheds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The watersheds specified in this
				  regulation are interjurisdictional in nature and have documented flood damages
				  to residential, commercial, industrial, or institutional structures.
				  Development in the interjurisdictional flood hazard watershed may not increase
				  the downstream peak discharge for the 100-year frequency storm event.
				  Additionally, development shall comply with flood management plans as approved
				  by the Department in accordance with the Flood Hazard Management Act of 1976
				  (Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland). The
				  following watersheds and all their tributaries are designated as
				  interjurisdictional flood hazard watersheds:
(1) Carroll Creek in Frederick City and
				  Frederick County;
(2) Gwynns Falls
				  in Baltimore City and Baltimore County; and
(3) Jones Falls in Baltimore City and
				  Baltimore County.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.08 - Stormwater Management Measures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The ESD planning techniques and practices and structural stormwater management
				  measures established in this regulation and the Design Manual shall be
				  contained in all county and municipal ordinances. Each ordinance shall require
				  that a developer demonstrate that ESD has been implemented to the MEP and, only
				  where absolutely necessary, is a structural BMP used in developing a stormwater
				  management plan.
B. ESD Planning
				  Techniques and Practices.
(1) The following
				  planning techniques shall be applied according to the Design Manual to satisfy
				  the minimum control requirements established in Regulation .06 of this chapter:
(a) Preserving and protecting natural
				  resources;
(b) Conserving natural
				  drainage patterns;
(c) Minimizing
				  impervious area;
(d) Reducing
				  runoff volume;
(e) Using ESD
				  practices to maintain 100 percent of the average annual predevelopment
				  groundwater recharge volume for the site;
(f) Using green roofs, permeable pavement,
				  reinforced turf, and other alternative surfaces;
(g) Limiting soil disturbance, mass grading,
				  and compaction;
(h) Clustering
				  development; and.
(i) Any practices
				  approved by the Administration.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.10 - Construction Inspection and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before Beginning Construction.
(1) All county and municipal ordinances shall
				  require:
(a) Advance notification of the
				  beginning of construction by the owner/developer;
(b) Documented regular inspections during
				  construction of stormwater management systems;
(c) Certification by a professional engineer
				  licensed in the State documenting that structural practices have been
				  constructed according to approved plans; and
(d) Effective enforcement procedures to
				  ensure compliance with approved stormwater management plans.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.11 - Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maintenance
				  requirements established in this regulation shall be contained in all county
				  and municipal ordinances and shall provide for inspection and maintenance. The
				  owner shall perform or cause to be performed preventive maintenance of all
				  completed ESD treatment practices and structural stormwater management measures
				  to ensure proper functioning. The responsible agency of the county or
				  municipality shall ensure preventive maintenance through inspection of all
				  stormwater management systems. The inspection shall occur during the first year
				  of operation and then at least once every 3 years after that.
B. Inspection reports shall be maintained by
				  the county or municipality on all stormwater management systems and shall
				  include the following:
(1) The date of
				  inspection;
(2) Name of
				  inspector;
(3) The condition of:
(a) Vegetation or filter media;
(b) Fences or other safety devices;
(c) Spillways, valves, or other control
				  structures;
(d) Embankments,
				  slopes, and safety benches;
(e)
				  Reservoir or treatment areas;
(f)
				  Inlet and outlet channels or structures;
(g) Underground drainage;
(h) Sediment and debris accumulation in
				  storage and forebay areas;
(i) Any
				  nonstructural practices to the extent practicable; and
(j) Any other item that could affect the
				  proper function of the stormwater management system;
(4) Description of needed
				  maintenance.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth certain requirements for persons
					 engaged in agricultural land management practices, with respect to sediment
					 pollution control. Logging and timber removal operations regulated under COMAR
					 26.17.01 are not regulated under this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated. Terms not defined below have
				  the meanings given them in the relevant statutes or, if not defined in
				  statutes, the meanings attributed by common use.
B. Terms Defined.
(1) "Conservation practice" means an
				  agricultural land management practice that:
(a) Prevents or treats problems with soil,
				  water, air, plant, and animal resources; and
(b) Has a standard method of construction or
				  application developed by the Soil Conservation Service (SCS) that is listed in
				  the Maryland Technical Guide, which is incorporated by reference in Regulation
				  .04 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.03 - Exception

Current through Register Vol. 51, No. 14, July 12, 2024
When areas of agricultural land or agricultural practices
					 alleged to be in violation of Environment Article, §
										4-413(b),
					 Annotated Code of Maryland, are included in an SCWQP which was approved by the
					 district and was developed and implemented in accordance with the National
					 Conservation Planning Manual and the Maryland Technical Guide, which are
					 incorporated by reference in Regulation .04 of this chapter, or other guidance
					 documents which were in effect at the time of plan development, the Department
					 may not impose any penalties for a violation of Environment Article, §
										4-413(b),
					 Annotated Code of Maryland, or this chapter on a person engaged in agricultural
					 activities unless:
A. The agricultural
				  practices in use on the area of land alleged to be in violation of Environment
				  Article, §
										4-413(b),
				  Annotated Code of Maryland, are not those described in the SCWQP for that
				  area;
B. The conservation practices
				  described in the SCWQP for the area alleged to be in violation of Environment
				  Article, §
										4-413(b),
				  Annotated Code of Maryland, are not constructed or implemented;
C. Except for practices accepted under
				  Regulation .06C and D of this chapter, the conservation practices described in
				  the SCWQP for the area alleged to be in violation of Environment Article, §
										4-413(b),
				  Annotated Code of Maryland, are not implemented or constructed in accordance
				  with the SCS standards for conservation practices described in the Maryland
				  Technical Guide, which is incorporated by reference in Regulation .04 of this
				  chapter; or
D. Agricultural
				  practices exist on the person's agricultural operation which cause the approved
				  conservation practices to fail to control sediment pollution, when the
				  agricultural practices are:
(1) Practiced or
				  constructed on an area which is not included in a district-approved SCWQP,
				  or
(2) In an area included in an
				  SCWQP, but not implemented or constructed in accordance with a
				  district-approved SCWQP.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.04 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Maryland Technical Guide (Soil Conservation Service, United States Department
				  of Agriculture, October, 1993) is incorporated by reference.
B. The National Conservation Planning Manual
				  (Soil Conservation Service, United States Department of Agriculture, June,
				  1978), including Amendments 1-----7, is incorporated by reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.05 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Department Responsibilities.
(1) The
				  Department shall investigate any report to determine if agricultural sediment
				  pollution in violation of Environment Article, §
											4-413(b),
				  Annotated Code of Maryland, has occurred.
(2) The Department shall determine the
				  appropriate actions to be taken to investigate reports of sediment problems.
				  These actions may include:
(a) Notification
				  to the person and the district of a report of sediment pollution, with a
				  request for the person and the district to undertake cooperative efforts to
				  prevent sediment pollution violations; or
(b) Inspection of sites with the district or
				  independently.
(3) When
				  the Department identifies and documents a sediment pollution violation, the
				  Department may issue a written complaint specifying the laws or regulations
				  allegedly violated and the facts that constitute a violation. After or
				  concurrent with the service of the complaint, the Department may issue an order
				  to the alleged violator to:
(a) Correct
				  conditions which have resulted in the sediment pollution of the waters of the
				  State;
(b) Obtain and implement a
				  district-approved CAWQP which includes a schedule for its implementation;
				  and
(c) Submit within 30 days a
				  district-approved schedule for obtaining an SCWQP for the whole farm.
(4) The Department shall provide a
				  copy of all written reports, complaints, and orders issued under this chapter
				  to the district.
(5) As necessary,
				  the Department may require a person to obtain district-approved modifications
				  to approved CAWQPs and SCWQPs to reflect changes in the agricultural operation,
				  pollution problems, and site conditions.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.06 - Minimum Requirements for an SCWQP

Current through Register Vol. 51, No. 14, July 12, 2024
A. SCWQPs shall conform to the SCS standards
				  and criteria described in the Maryland Technical Guide, and the National
				  Conservation Planning Manual, which are incorporated by reference in Regulation
				  .04 of this chapter, or other guidance documents which were in effect at the
				  time of plan development.
B.
				  Conservation practices included within an SCWQP shall be constructed and
				  implemented in accordance with the Maryland Technical Guide, which is
				  incorporated by reference in Regulation .04 of this chapter.
C. Modified conservation practice standards
				  may be substituted for the conservation practice standards in an SCWQP if the
				  modified conservation practice standards:
(1)
				  Provide prevention or control of sediment pollution equal to or better than
				  that provided by conservation practice standards;
(2) Are recommended by the SCS;
(3) Are approved by the district;
				  and
(4) Are accepted by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.07 - Minimum Requirements for a CAWQP

Current through Register Vol. 51, No. 14, July 12, 2024
A CAWQP adopted or modified after the effective date of
					 this regulation shall include:
A. The
				  land owner's name, address, and telephone number;
B. The lessee's name, address, and telephone
				  number;
C. The number of acres
				  controlled by the plan;
D. A
				  narrative listing, describing, and locating all the sediment pollution
				  violations cited by the Department on the farm which affect water quality, and
				  identifying the specific conservation practices that are intended to correct
				  each violation;
E. The name,
				  practice code number, and the effective date of the standard and specification
				  for each conservation practice as found in the Maryland Technical Guide, which
				  is incorporated by reference in Regulation .04 of this chapter;
F. A schedule of when the conservation
				  practices will be implemented;
G. A
				  map which includes the area of violation cited by the Department and which
				  identifies the location of corrective measures to be implemented;
H. A statement, in a format approved by the
				  Department, which is signed and dated by the owner and lessee certifying that
				  the CAWQP will be implemented as approved; and
I. The name, address, and telephone number of
				  the individual responsible for the implementation of the CAWQP.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.03 - Agricultural Sediment Pollution Control › Section 26.17.03.08 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Actions by the
				  Department.
(1) When the Department believes
				  that a violation of Environment Article, §
											4-413, Annotated Code of
				  Maryland, has occurred, it may cause a written complaint to be served upon the
				  alleged violator in accordance with the provisions of Environment Article,
				  Title 4, Subtitle 4, Annotated Code of Maryland. The complaint shall include a
				  description of the conditions which result in the addition, leaking, spilling,
				  emitting, or other introduction of soil or sediment to the waters of the
				  State.
(2) The Department may issue
				  an order after or concurrent with the complaint.
(3) Orders issued by the Department shall
				  include:
(a) A description of the corrective
				  actions which the person shall perform, including:
(i) Immediate actions necessary to correct
				  the violations listed in the order, and
(ii) Further actions necessary to correct the
				  violations and prevent their recurrence;
(b) The time allowed for the person to
				  perform the actions required in the order;
(c) The requirement to obtain and implement a
				  CAWQP or a modified SCWQP; and
(d)
				  The requirement to provide a district-approved time schedule to obtain an
				  SCWQP.
(4) The
				  Department shall serve all orders as prescribed in Environment Article, Title
				  4, Subtitle 4, Annotated Code of Maryland.
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 26.17.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are designed to govern construction,
					 reconstruction, repair, or alteration of a dam, reservoir, or waterway
					 obstruction or any change of the course, current, or cross section of a stream
					 or body of water within the State including any changes to the 100-year
					 frequency floodplain of free-flowing waters. Free-flowing waters do not include
					 State or private wetlands or areas subject to tidal flooding. For purposes of
					 these regulations, the landward boundaries of any tidal waters shall be deemed
					 coterminous with the wetlands boundary maps adopted pursuant to Environment
					 Article, §
										16-301, Annotated Code of
					 Maryland.
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 26.17.04.03 - Requirements for a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as set forth in D and E of this regulation, a person who proposes to construct,
				  reconstruct, repair, or alter a dam, reservoir, or waterway obstruction, or
				  change in any manner the course, current, or cross section of a stream or body
				  of water within the State except tidal waters, including any changes to the
				  100-year frequency floodplain of free-flowing streams shall obtain a permit
				  from the Administration before commencing any work.
B. If the construction, reconstruction,
				  repair, or alteration of the proposed works is for the purpose of obtaining a
				  new or increased supply of water for any use for which an appropriation permit
				  is required by law or regulation, the applicant shall also apply to the
				  Administration for this permit. The Administration shall establish the order in
				  which the applications may be considered or may require the applications to be
				  submitted and considered concurrently.
C. The latest flood insurance studies
				  prepared by the Federal Emergency Management Agency shall serve to delineate,
				  at a minimum, the extent of the 100-year floodplain of free-flowing waters. The
				  applicant shall furnish the Administration with hydrologic and hydraulic
				  computations to establish the elevation of the 100-year frequency flood
				  event.
D. Exemptions. The following
				  activities are exempted from the requirements for a permit from the
				  Administration under this chapter:
(1)
				  Filling, dredging, or construction of any work in the tidal portions of the
				  waters of the State; filling, dredging, or construction, in these areas, may
				  require a wetlands license or permit under the provisions of Environment
				  Article, Title 16, Annotated Code of Maryland;
(2) Agricultural drainage systems, for the
				  purpose of lowering the level of water in the soil, with a total drainage area
				  of 2,500 acres or less except that a drainage system financed or managed by a
				  public drainage association is exempt only if a plan for construction,
				  operation, and maintenance has been approved by the Secretary of Agriculture
				  under the Agriculture Article, §
											8-603, Annotated Code of
				  Maryland;
(3) The removal or
				  demolition of residential structures;
(4) A small pond which meets the requirements
				  of Regulation .05G of this chapter.
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 26.17.04.05 - Dams and Reservoirs

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to the general requirements in Regulation .04 of this chapter, the
				  following special requirements shall apply to applications for dams and
				  reservoirs:
(1) A person who applies to
				  construct, reconstruct, repair, or alter a dam or reservoir shall engage a
				  registered professional engineer, practicing in accordance with the laws of
				  Maryland and qualified in the field of dam design and construction to prepare
				  the designs and specifications and to provide supervision during construction
				  of the proposed works. The engineer shall be the engineer-in-charge and shall:
(a) Be responsible for assuring that the
				  designs conform to the high standards of professional competence in the
				  specialty of dam design and construction;
(b) Assure that the construction is carried
				  out in strict accordance with the approved plans and specifications and under
				  the provisions of the permit; and
(c) Submit to the Administration a resume of
				  all previous dam design and construction experience, listing specific
				  responsibilities and a written certification of qualification to act as the
				  engineer-in-charge.
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 26.17.04.06 - Bridges and Culverts

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to the general requirements as described in Regulation .04 of this
				  chapter, the following information shall be submitted with all applications for
				  bridges and culverts unless specifically waived by the Administration:
(1) Alternate proposals studied.
(2) Geologic investigations and conclusions
				  based upon geologic maps, surface investigations, seismic or other geophysical
				  studies, or borings.
(3) Type and
				  source (on-site or off-site) of borrow and fill materials to be used in
				  construction.
(4) Estimated cost of
				  the project and the length of time required for construction.
(5) Construction plans and
				  specifications.
(6) Construction
				  Schedule. The construction schedule shall include the following:
(a) The sequence of construction phases, such
				  as channel and structure excavation, structure and embankment
				  construction;
(b) Equipment stream
				  crossings and storage areas;
(c)
				  Means for diverting stream flow during construction;
(d) Means for controlling the dewatering
				  discharges;
(e) Means for
				  controlling runoff during the various construction phases.
(7) Map and measurement of the drainage area
				  upstream of the proposed project.
(8) General plan of the proposed project,
				  showing location; land ownership; contours of presently existing ground and
				  proposed structures, buildings, roads and drainage structures; and the proposed
				  additionally inundated area associated with the 100-year flood event.
(9) Design report, which shall at a minimum,
				  include the following:
(a)
				  Discharge-frequency curve, which shall include the discharge, in cubic feet per
				  second, associated with the 2-year, 10-year, and 100-year frequency flood
				  events;
(b) Stage-discharge curve,
				  which shall include the water surface elevation, in feet above mean sea level,
				  associated with the 2-year, 10-year, and 100-year frequency flood events, for
				  both the presently existing and the proposed conditions;
(c) Slope, cross section, and capacity of the
				  presently existing stream channel and average bankful velocity.
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 26.17.04.07 - Changes in Stream Channels or Floodplains

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the general requirements,
				  as described in Regulation .04 of this chapter, the following special
				  requirements shall apply to applications for changes in stream channels or
				  floodplains. The following information shall be submitted with the application
				  unless specifically waived by the Administration:
(1) Alternate proposal studies.
(2) Geologic investigations and conclusions
				  based upon geologic maps, surface investigations, seismic or other geophysical
				  studies, or borings.
(3) Type and
				  source of borrow and fill materials to be used in construction.
(4) Estimated cost of the project and the
				  length of time required for construction.
(5) Construction plans and
				  specifications.
(6) Construction
				  Schedule. The construction schedule shall include the following:
(a) The sequence of construction excavation,
				  structure, and embankment construction;
(b) Equipment stream crossings and storage
				  areas;
(c) Means for diverting
				  stream flow during construction;
(d) Means for controlling the dewatering
				  discharges;
(e) Means for
				  controlling runoff during the various construction phases.
(7) Map and measurement of the drainage area
				  upstream of the proposed project.
(8) General plan of proposed project, showing
				  location; land ownership; contours of presently existing ground and proposed
				  fill or excavation; presently existing and proposed structures, buildings,
				  roads, and drainage structures; the proposed additionally inundated area
				  associated with the 100-year flood event; and all cross sections
				  taken.
(9) Design report, which
				  shall, at a minimum, include the following:
(a) Discharge-frequency curve, which shall
				  include the discharge in cubic feet per second, associated with the 2-year,
				  10-year, and 100-year frequency flood events.
(b) Slope, cross section, capacity, and
				  velocity of the presently existing stream channel.
(c) Water surface profiles computed using an
				  energy balancing method, showing the invert elevation of the stream bed, water
				  surface elevations in feet above mean sea level, and water velocity, by
				  segment, in feet per second, associated with the 2-year, 10-year, and 100-year
				  frequency flood events, for both the presently existing and proposed
				  conditions, at each cross section. Cross sections shall be taken at appropriate
				  intervals to a point, both downstream and upstream of the proposed project,
				  where the presently existing and proposed water surface profiles
				  coincide.
(d) Cross section plots,
				  showing stream and floodplain elevations as well as any proposed modifications
				  and water surface elevations.
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 26.17.04.09 - Conduits, Pipes, or Other Devices Pertaining to the Potomac River

Current through Register Vol. 51, No. 14, July 12, 2024
The construction, reconstruction, alteration, or addition
					 to any conduit, pipeline, wire cable, trestle, or other device, structure, or
					 apparatus, in, under, through, or over the bed or waters of the Potomac River
					 requires a waterway construction permit from the Administration. Any waterway
					 construction permit issued for this construction shall be subject to the
					 requirements of Regulation .08C of this chapter and permit charges as may be
					 assessed by the Board of Public Works.
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 26.17.04.10 - General Waterway Construction Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person shall be permitted by this
				  regulation to make changes in the course, current, or cross section of waters
				  of the State if:
(1) Conditions specified in
				  this regulation for those activities are met; and
(2) The project is not located in the stream
				  channel or floodplain of a wild and scenic river as defined in Natural
				  Resources Article, §
											8-402, Annotated
				  Code of Maryland.
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 26.17.04.13 - Public Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided otherwise in this section, the Administration shall provide notice of
				  an opportunity for a public hearing, within 1 month after filing an application
				  for a permit to:
(1) Construct or reconstruct
				  a reservoir, dam, or other waterway obstruction;
(2) Construct a waterway; or
(3) Dredge, fill, bulkhead, or change the
				  shoreline as required by this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.05 - Flood Management Grant Program › Section 26.17.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated. Terms not defined below shall
				  have the meanings given to them in the relevant statutes or, if not defined in
				  statutes, the meanings attributed by common use. The terms "Department",
				  "federal flood insurance program", "100-year flood event", and "subdivision"
				  are defined in the Environment Article, Annotated Code of Maryland. The
				  definitions for these terms are provided below as a convenience, but persons
				  affected by the Department's regulations should be aware that these definitions
				  are subject to amendment by the General Assembly.
B. Terms Defined.
(1) "Administration" means the Water
				  Management Administration.
(2)
				  "Capital project" means any flood control or watershed management capital
				  project which:
(a) Reduces flood
				  hazards;
(b) Has an expected useful
				  life of at least 15 years;
(c) May
				  include public acquisition or structural methods; and
(d) Does not include the following associated
				  elements of any project:
(i)
				  Research,
(ii) Planning,
(iii) Study,
(iv) Operation,
(v) Repair, or
(vi) Maintenance.
(3) "Department" means the
				  Department of the Environment.
(4)
				  "Flood management plan" means a plan to guide activities in a watershed for the
				  purpose of minimizing the hazards of flooding and preserving the biological
				  values associated with the land and water resources, pursuant to Environment
				  Article, Title 5, Subtitle 8, Annotated Code of Maryland.
(5) "Federal flood insurance program" means
				  the program established by the National Flood Insurance Act of 1968, as
				  amended.
(6) "100-year flood event"
				  or "100-year flood" means a flood that has a 1-percent chance of being equalled
				  or exceeded in any given year.
(7)
				  "Subdivision" means any county, including Baltimore City. The term
				  "subdivision" also means any incorporated municipality which has the authority
				  to adopt and enforce land use and control measures for the areas within its
				  jurisdiction.
(8) "Ultimate
				  development" means the anticipated development during the expected useful life
				  of the capital project.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.05 - Flood Management Grant Program › Section 26.17.05.02 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Establishment of Annual State Priority List for Capital Projects. Before May 1,
				  1984 and before the first of May each year after that, each participating
				  subdivision shall submit applications, in priority order, for capital projects
				  which are included in approved flood management plans to the Department. Upon
				  review and evaluation of the submitted capital projects, an annual State
				  priority list for capital projects shall be adopted by the Department. This
				  list will be the basis for grants to the subdivisions and will specify the
				  Department's share of the eligible project cost.
B. Adoption of the Annual Priority List.
				  Before adopting the annual State priority list, the Department shall notify the
				  affected subdivisions of its intended action and afford reasonable opportunity
				  for comment. The approval of a flood management plan does not determine the
				  position of a capital project on the priority list.
C. Criteria for Priorities.
(1) The purpose of ranking the individual
				  capital projects in the State priority list is to ensure the greatest benefits
				  from the investment of public money. The ranking will be based on the type of
				  capital project, flood history, and cost effectiveness and implementation
				  schedule of the flood management plan.
(2) The types of capital projects which will
				  be preferred shall:
(a) Be permanent solutions
				  to existing flood hazards and not require continuing operation, maintenance, or
				  repair; and
(b) Minimize
				  environmental impacts.
(3) Flood history will consider the:
(a) Magnitude and frequency of past flood
				  events;
(b) Damages resulting from
				  past flood events; and
(c) Danger
				  to public health and welfare.
(4) The cost effectiveness will consider the:
(a) Cost of the capital project and total
				  cost of the flood management plan;
(b) Direct damages prevented;
(c) Indirect costs prevented such as work
				  closings, environmental damage, or personal inconvenience;
(d) Benefits created such as recreational
				  opportunities, open space, ecological enhancement, hydrologic improvements,
				  water quality improvements, or water supply; and
(e) Life of the project and possibility of
				  future expenditures such as maintenance, repair, or replacement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.05 - Flood Management Grant Program › Section 26.17.05.03 - Applications for a Grant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
				  Subdivisions may apply to the Department for grants to assist in flood control
				  and watershed management capital projects if all the following conditions are
				  met:
(1) It has the authority to make an
				  application and has been authorized by an official act of the governing body
				  directing this action. If the applicant is other than a county or Baltimore
				  City, it must provide written certification from its legal counsel that it is a
				  subdivision as defined in Regulation .01B(7) of this chapter.
(2) It will have funds available to meet its
				  share of the capital project.
(3)
				  It is participating in and is in conformance with the federal flood insurance
				  program.
(4) The capital project is
				  part of a flood management plan approved by the Department and adopted by the
				  subdivision pursuant to Environment Article, Title 5, Subtitle 8, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.05 - Flood Management Grant Program › Section 26.17.05.04 - Flood Management Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Flood management plans are to guide activities in a watershed so that flood
				  hazards are minimized, while preserving the biological values associated with
				  the land and water resources. They will be developed for each watershed in
				  accordance with Environment Article, Title 5, Subtitle 8, Annotated Code of
				  Maryland, to attain all the following goals:
(1) Reduction of existing flood
				  hazards;
(2) Prevention of future
				  flood hazards;
(3) Adequate
				  emergency preparedness;
(4)
				  Preservation of the environmental qualities of the watershed; and
(5) Reduction of economic and social
				  losses.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.05 - Flood Management Grant Program › Section 26.17.05.05 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. If the
				  Department approves a capital project and it falls within the limits of the
				  funds available according to the annual priority list, a proposal for funding
				  the capital project with appropriate conditions will be presented, along with
				  reviews from appropriate agencies, to the Board of Public Works for approval
				  and commitment of funds. No project will be submitted to the Board of Public
				  Works until the subdivision certifies that its share of the funds is available
				  and that it will properly operate and maintain the project to assure that the
				  project benefits are realized.
B.
				  Department's Share of Capital Project Cost. The amount of any grant made by the
				  Department may be up to 75 percent of the funding of a flood management project
				  that does not receive federal funds. The Department may provide up to 50
				  percent of the nonfederal share of the funding for a project which receives
				  federal funds and meets the criteria of these regulations and Environment
				  Article, Title 5, Subtitle 8, Annotated Code of Maryland, but may not exceed
				  the amount of local funds.
C.
				  Recovery of Grant. The Department may investigate, inspect, or audit any
				  capital project involving grant funds. If the Department determines that the
				  capital project is not being performed according to the approved application or
				  flood management plan, the Department may withhold funding and require
				  reimbursement by the subdivision.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.02 - Statement of Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  General Assembly recognizes that the availability of adequate water supplies is
				  essential to health, safety, and economic welfare. To conserve and protect
				  water resources of the State in the best interest of the people, the Department
				  is authorized to control appropriation or use of surface and ground waters.
				  This control provides for the greatest possible use of waters in the State,
				  while protecting the State's valuable water supply resources from
				  mismanagement, abuse, or overuse. The State's water supply resources include
				  watercourses, lakes, aquifers, tidal areas, and other bodies of water in the
				  State. Private property owners have the right to make reasonable use of the
				  waters of the State which cross or are adjacent to their land. For the benefit
				  of the public, the Department acts as the State's trustee of its water
				  resources.
B. Maryland follows the
				  reasonable use doctrine to determine a person's right to appropriate or use
				  surface or ground water. A ground water appropriation or use permit or a
				  surface water appropriation or use permit issued by the Department authorizes
				  the permittee to make reasonable use of the waters of the State without
				  unreasonable interference with other persons also attempting to make reasonable
				  use of water. The permittee may not unreasonably harm the water resources of
				  the State.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.03 - Scope and Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. With
				  the exception of those persons listed in §B of this regulation, a person shall
				  obtain a permit from the Department before appropriating or using waters of the
				  State. A person who shall obtain a permit from the Department includes:
(1) A person appropriating or using water for
				  any agricultural, commercial, institutional, industrial, or municipal
				  purpose;
(2) A person subdividing
				  land if the subdivision may require an appropriation or use of waters of the
				  State whether from a central source or a source located on each subsequently
				  created lot;
(3) A person planning
				  to build any structure or impoundment which will horizontally or vertically
				  move water from its source of natural occurrence;
(4) A person appropriating or using surface
				  water or ground water for domestic heating or cooling.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.04 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
Application for Water Allocation: Guidance Document for
					 Public Water Systems Providing Groundwater to Municipal Corporations or
					 Priority Funding Areas in Carroll, Frederick, and Washington Counties (June
					 2014) is incorporated by reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.06 - Criteria for Approval of Water Appropriation or Use Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				  Department shall issue a permit only for a beneficial appropriation or use
				  under the following criteria:
(1) The amount
				  of water to be appropriated is reasonable in relation to the anticipated level
				  of use during the permit period;
(2) The requested appropriation or use does
				  not have an unreasonable impact on:
(a) The
				  waters of the State, and
(b) Other
				  users of the waters of the State.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.07 - Temporary Permit for Emergency Appropriation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may issue a temporary
				  permit for emergency appropriation or use of water, if the time required to
				  obtain a permit would constitute a danger to the health of people or animals,
				  or would subject products requiring processing to spoilage.
B. A temporary permit is effective when
				  issued for a period of not more than 3 months.
C. If the emergency condition is anticipated
				  to last more than 3 months, immediately after receiving a temporary permit for
				  emergency appropriation, the temporary permittee shall apply for a
				  permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.08 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a public
				  informational hearing is conducted, the Department shall, in accordance with
				  COMAR 26.01.07.08 a:
(1) Render a decision to issue, modify, or
				  deny the permit; and
(2) Notify the
				  applicant and persons on the interested persons list of the decision.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.09 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a public
				  informational hearing is conducted, the Department shall, in accordance with
				  COMAR 26.01.07.08:
(1) Render a decision to issue, modify, or
				  deny the permit; and
(2) Notify the
				  applicant and persons on the interested persons list of the decision.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.07 - Consumptive Use of Surface Water in the Potomac River Basin › Section 26.17.07.01 - 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) "Consumptive water use" means that
				  portion of a water withdrawal which, as a result of evaporation, interbasin
				  diversions, or other means, is not returned to the source to be available for
				  subsequent use.
(2) "Department"
				  means the Department of the Environment.
(3) "Low flow augmentation" means the
				  provision of water, through development of new water storage facilities or the
				  purchase of storage space in existing water storage facilities or both, equal
				  to the amount of consumptive use.