Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.03 - Letter of Authorization › Section 26.23.03.01 - Activities Requiring a Letter of Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for regulated activities proposed
				  within the Critical Area, an activity that qualifies for a letter of
				  authorization is exempt from the permit and mitigation requirements of this
				  subtitle. Activities proposed in the Critical Area are not exempt from the
				  mitigation requirements of COMAR 26.23.04.02-.07.
B. Upon application, the activities listed
				  below may qualify for a letter of authorization provided that the conditions in
				  Regulation .02B of this chapter are satisfied and best management practices,
				  which may be required by the Department, are all met:
(1) Activities in isolated nontidal wetlands
				  of less than 1 acre and having no significant plant or wildlife value. An
				  applicant's determination of whether an area is an isolated nontidal wetland
				  shall be based on published hydrologic and hydraulic data or data obtained in
				  the field which shows whether the nontidal wetland is hydrologically
				  connected.
(2) Activities whose
				  cumulative loss of nontidal wetlands and buffer, which contains no significant
				  plant or wildlife value, is:
(a) Less than
				  5,000 square feet; or
(b) Greater
				  than 5,000 square feet, provided that:
(i) The
				  actual loss of nontidal wetlands is less than 5,000 square feet, and
(ii) Activities in the buffer result in
				  minimal additional adverse impacts to nontidal wetlands, as determined by the
				  Department.
(3) Installation of Utility Lines.
(a) The installation of utility lines
				  includes the following activities:
(i)
				  Trenching, jetting, jackhammering, or plowing of nontidal wetlands;
(ii) Laying of pipe, cable, or
				  wire;
(iii) Backfilling of the
				  excavated trench containing the pipe, cable, or wire;
(iv) Placement of riprap; and
(v) Rectification of nontidal wetland areas
				  which have been disturbed.
(b) Utility lines do not include:
(i) Intake and outfall structures;
(ii) Pipe or pipeline used to transport any
				  liquid or slurry substance except as associated with water and sewage
				  lines;
(iii) Natural gas lines
				  greater than 12 inches in diameter; or
(iv) Storm water conveyance
				  systems.
(4)
				  Construction of overhead power transmission lines.
(5) Mitigation projects not required under
				  this subtitle.
(6) Regulated
				  activities which impact the buffer, and less than 2 acres of farmed nontidal
				  wetlands with 15 or more consecutive days of inundation during the growing
				  season, except in nontidal wetlands of special State concern or their expanded
				  buffer.
(7) The repair of the
				  following serviceable structures or fills:
(a)
				  Aboveground and underground utilities;
(b) Structures in rights-of-way;
(c) Railroad beds;
(d) Road beds, roadside ditches, culverts,
				  and outlet ditches;
(e)
				  Bridges;
(f) Dams;
(g) Dikes;
(h) Levees;
(i) Water and wastewater control structures;
				  and
(j) Facilities designed for
				  storm water management.
(8) Activities which will result in the loss
				  of nontidal wetlands that have been temporarily created by a permitted or
				  authorized construction activity or as a result of a permitted mining activity,
				  including wetlands created:
(a) Incidental to
				  mining activities that were conducted under an approved mining plan or permit,
				  or wetlands that have been created incidental to a mining activity, and that
				  will be impacted during implementation of an approved reclamation
				  plan;
(b) As a result of the
				  construction of an approved sediment control structure; and
(c) For a specific purpose that will remain
				  for a specified period of time, including wash ponds and grassed
				  waterways.