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15.20.03.00.htm 15.20.03.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 03 Deferral of Mitigation of Nontidal Wetlands on Agricultural Land Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
15.20.03.01.htm 15.20.03.01. 01 General.. This chapter describes how farm owners or operators may petition the Department of Agriculture for written permission to defer mitigation for nontidal wetlands for agricultural activities under the Nontidal Wetlands Protection Act, Natural Resources Article, Title 8, Subtitle 12, Annotated Code of Maryland.
15.20.03.02.htm 15.20.03.02. 02 Petition to Defer Mitigation.. Subject to the requirements of this chapter, a farm owner or operator may petition the Department for written permission to defer an applicable nontidal wetland mitigation component of a soil conservation and water quality plan on the grounds that mitigation will create an economic hardship that would jeopardize the continued operation of the farm.
15.20.03.03.htm 15.20.03.03. 03 Petition Content.. A farm owner or operator who petitions the Department as provided under Regulation .02 of this chapter shall use a departmental form that contains:A. The name and address of the farm owner or operator;. B. The farm's location;. C. The farm's total acreage;. D. A description of the farm's operation;. E. The number of nontidal wetland acres requiring mitigation;. F. A copy of proposed mitigation alternatives;. G. The estimated cost or costs of the mitigation p
15.20.03.04.htm 15.20.03.04. 04 Grounds for Deferral.. The Department shall decide whether an applicant is entitled to a deferral of mitigation of nontidal wetlands by doing the following:A. Evaluating the applicant's petition and determine the applicant's net worth;. B. Comparing the applicant's net worth with the cost of any proposed mitigation alternatives on the farm; andC. Determining whether a deferral is justified on the grounds that any required mitigation of nontidal wetlands will create a
15.20.03.05.htm 15.20.03.05. 05 Department Deferral.. A. If the Department makes a written determination that mitigation will create an economic hardship that would jeopardize the continued operation of a farm, mitigation may be deferred until one or more of the following occur:1) The economic hardship no longer exists;. 2) The current owner or operator transfers the farm to a new owner or operator, but if this occurs, the current owner or operator shall remain responsible for any mitigation; or
15.20.03.06.htm 15.20.03.06. 06 End of Deferral.. A. At the time the Department determines the end of the economic hardship as provided in this chapter, an owner or operator shall implement the mitigation component of the Soil Conservation and Water Quality Plan within 3 years of the loss of the nontidal wetlands, or within 1 year of the end of the economic hardship, whichever is greater.B. Within 90 days of the end of the Department's determination of economic hardship, an owner or operator shall file the requ
15.20.03.07.htm 15.20.03.07. 07 Department Report.. A. The Department shall submit an annual mitigation report to the Department of Natural Resources at the end of each fiscal year.B. The report in §A of this regulation shall provide the following information on the status of the Department's approval of economic hardship mitigation deferrals for each farm:1) Whether the economic hardship still exists;. 2) Whether the owner or operator granted the deferral is the current owner or operator; and.
15.20.03.08.htm 15.20.03.08. 08 Public Information.. The Department shall deny public access to records if access is denied under the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.
15.20.03.09.htm 15.20.03.09. 09 Revoking Approval.. After an opportunity for a hearing, the Department may refuse to issue or revoke its approval granted to any person under this chapter for:A. Any false or incomplete statements made by any person to the Department for the Department's approval; orB. A violation of any of the provisions of this chapter..
15.20.03.9999.htm 15.20.03.9999. Administrative History Effective date: September 30, 1991 (18:19 Md. R. 2102).
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