| File | Abstract |
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23.02.04.00.htm
| 23.02.04.00. Title 23 BOARD OF PUBLIC WORKS Subtitle 02 PROGRAM ADMINISTRATION Chapter 04 State Tidal Wetlands Licensing Procedures Authority: Environment Article, §16-201―16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland |
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23.02.04.01.htm
| 23.02.04.01. 01 Purpose.. A. This chapter describes the procedures used by the Board of Public Works to serve the rights of riparian landowners and the interests and rights of the general public in State tidal wetlands. The instrument used, a wetlands license, is the authorization issued by the Board of Public Works under Environment Article, Title 16, Annotated Code of Maryland, for the performance of dredging, filling, the construction of structures, or the conduct of c |
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23.02.04.02.htm
| 23.02.04.02. 02 Scope.. A. This chapter sets forth the State tidal wetlands licensing procedures of the Board of Public Works and applies to all dredging, filling, or altering of State wetlands, and to the construction, reconstruction, or repair of structures on State wetlands, except:1) Dredging of seafood products by any licensed operator including normal leased bottom activities permitted under Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland, and COM |
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23.02.04.03.htm
| 23.02.04.03. 03 Definitions.. A. Terms defined in Environment Article, §16-101, Annotated Code of Maryland, and under COMAR 26.24, have the same meaning in these regulations. If not defined in this chapter, in the Environment Article, or under COMAR 26.24, a term has the meaning attributed by common use.B. Terms Defined.. 1) "Administrator" means the State Wetlands Administrator for the Board of Public Works having ministerial duties prescribed by the Board and in this chapter. |
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23.02.04.04.htm
| 23.02.04.04. 04 Delegation and License Requirements.. A. Delegation. Except for applications that meet the criteria of Environment Article, §16-104(b) Annotated Code of Maryland, the Board delegates to the Department the authority to reject, authorize, modify, condition, or deny applications for construction or replacement of pilings, fixed or floating piers, decks, walkways, boathouses, and related structures on piers in accordance with COMAR 26.24.B. Exceptions. Except as |
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23.02.04.05.htm
| 23.02.04.05. 05 Types of Licenses.. A. General License.. 1) A general license is a standing authorization, subject to periodic review and readoption by the Board, for the recurrent or minimally disruptive activities described in this regulation involving State tidal wetlands.2) To obtain a general license, a person shall apply to the Department in accordance with the procedures in COMAR 26.24.3) The Department promptly shall determine an applicant's qualification for general license and forw |
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23.02.04.06.htm
| 23.02.04.06. 06 Public Informational Hearing.. A. The Department shall schedule a public informational hearing on an application for an individual license upon:1) Written request to the Department by any person in accordance with COMAR 26.24; or. 2) A determination by the Department that a hearing is in the best interest of the State.. B. A hearing shall be conducted by the Administrator or Department designee, serving as hearing officer.C. An applicant and any interested person shall be |
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23.02.04.07.htm
| 23.02.04.07. 07 Department's Report and Recommendation.. A. The Department shall forward a written report and recommendation for each application for an individual or expedited license to the Administrator based on the following:1) Requirements of law and regulations;. 2) Information compiled during site visits, if any;. 3) Consultations with involved governmental units;. 4) Evidence admitted during a public informational hearing; and. 5) Comments submitted by the public or governmental units.. |
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23.02.04.08.htm
| 23.02.04.08. 08 Administrator's Recommendation.. A. Concurrence Cases. The Administrator shall receive the Department's report and recommendation and make a concurring recommendation to the Board in cases which:1) Are within the rights of a riparian landowner;. 2) Are recommended for approval by the Department;. 3) Are recommended for approval by the Administrator under the same terms and conditions, if any, specified in the Department's report and recommendation; and |
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23.02.04.09.htm
| 23.02.04.09. 09 Personal Appearance Before the Board.. A. An applicant or aggrieved persons may take exception to a recommendation, or to the recommended conditions for a license. The Administrator shall review any exception and attempt to resolve the issues raised by the applicant or aggrieved persons. After consultation with the Department and completion of a review, the Administrator shall notify an applicant or aggrieved persons of any findings or resolution and the right |
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23.02.04.10.htm
| 23.02.04.10. 10 Board Actions.. The Board shall approve, conditionally approve, or deny any individual or expedited license sufficient to the attainment of riparian rights the Board determines to be reasonable in accordance with the best interests of the State. In making its determination with respect to each application, the Board shall consider the recommendations of the Department and the Administrator, public testimony at any hearing, and information available in the public |
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23.02.04.11.htm
| 23.02.04.11. 11 License Issuance.. A. Except for expedited licenses issued under Environment Article, §16-202(c)2) Annotated Code of Maryland, a license shall state the effective date as the date on which the Board's favorable action occurs.B. Except as provided in Regulation .14C of this chapter, before or upon the Board's favorable action, the Administrator shall:1) Advise the applicant of the license fee required to be paid before release of the license;. 2) Prepare the individual |
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23.02.04.12.htm
| 23.02.04.12. 12 Appeals.. A. If a license is denied, the Administrator promptly shall notify the applicant by certified mail of the Board's unfavorable action, stating the appeal procedure as set out in Environment Article, §16-204, Annotated Code of Maryland.B. An aggrieved party may petition the circuit court in the county where the land is located within 30 days after receiving the Board's decision. |
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23.02.04.13.htm
| 23.02.04.13. 13 Standard Conditions.. A. A license issued by the Board shall carry standard conditions as set out in this regulation or as specified from time to time and in certain instances by the Board.B. Under the standard conditions of a license, a licensee may not:. 1) Cause injury to private property;. 2) Invade the rights of others;. 3) Infringe any federal, State, or local laws or regulations;. 4) Obviate obtaining assent from and meeting the requirements of federal, S |
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23.02.04.14.htm
| 23.02.04.14. 14 Special Conditions.. A. The Department or the Administrator may recommend to the Board special conditions for inclusion in a license. The Board shall include special conditions in a license it determines necessary to preserve and protect State wetlands and to serve the public interest.B. Examples of special conditions include but are not limited to the conditions in C-I of this regulation.C. Financial Assurance.. 1) When a special condition for approval of a lice |
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23.02.04.15.htm
| 23.02.04.15. 15 Compensation.. A. Except for any license issued to a governmental unit, the Board may require, as a special condition of any license, that compensation be made to the State for filling to make upland, dredging unrelated to navigational need, or similar use of State wetlands of a kind and in an amount considered appropriate, with advice from the Department and the Administrator.B. Compensation for Licensed Fill or Other Encroachment.. 1) If compensation is req |
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23.02.04.16.htm
| 23.02.04.16. 16 License Term.. A. Term.. 1) Any general license issued by the Department has a term of 3 years.. 2) Individual and expedited licenses have terms of 3 years, except an individual or expedited license authorizing periodic maintenance dredging is valid for a maximum term of 6 years, if the provisions of Environment Article, §16-202(c)4) Annotated Code of Maryland, are satisfied.3) In certain instances such as large public works or highway projects, the Board may determine a lo |
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23.02.04.17.htm
| 23.02.04.17. 17 License Modification.. A. A licensee, the licensee's representative, or the Department may request in writing that the Administrator modify the description of the authorized structure or activity, or the conditions of a license, and shall state the reason for the request.B. A license may be modified if:. 1) The modification is minor as defined in COMAR 26.24 and involves:. a) A change in the riparian land ownership,. b) A reduction in the scope of originally authorized work, or. |
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23.02.04.18.htm
| 23.02.04.18. 18 License Extension.. A. A license may be extended for a valid reason as determined by the Department and the Administrator, except as set out in §C of this regulation.B. A licensee shall request an extension from the Department in writing stating the:. 1) Reason the structure or activity could not be constructed or performed within the time stipulated in the license; and2) Revised schedule for start and completion of the structure or activity.. |
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23.02.04.19.htm
| 23.02.04.19. 19 License Transfer.. The Administrator may transfer a license upon receipt of a written request from the new riparian landowner. The Administrator shall forward transferred licenses for acceptance in accordance with Regulation .11B(3) of this chapter, except a fee is not required for transferred licenses, and provide the Department with a copy of all transferred licenses. |
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23.02.04.20.htm
| 23.02.04.20. 20 License Suspension or Revocation.. A. The Board or its designee may suspend or revoke a license when this action is considered to be in the State's interest and is recommended by the Department.B. Grounds for suspension or revocation include:. 1) Violation of the provisions of:. a) Environment Article, Title 16, Annotated Code of Maryland,. b) COMAR 26.24, or. c) This chapter;. 2) Failure of a licensee to comply with the requirements of an administrative action or order of the |
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23.02.04.21.htm
| 23.02.04.21. 21 Repealed.. |
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23.02.04.22.htm
| 23.02.04.22. 22 Fees.. A. License Fee. A nonrecurring, nonrefundable fee shall be charged for licenses, whether granted to a person, community, company, or governmental unit, unless the fees as set out in Regulation .15C and D of this chapter apply. The license fees are:1) $50 for any individual license authorizing residential spur dredging projects in accordance with Regulation .08A of this chapter;2) $250 for any individual license authorized in accordance with Regulation |
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23.02.04.23.htm
| 23.02.04.23. 23 Reports.. The Department shall provide to the Board an annual report documenting the cumulative licensed activities, and other reports and information the Board may request. |
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23.02.04.9999.htm
| 23.02.04.9999. Administrative History Effective date: February 14, 1994 (21:3 Md. R. 195). Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873). Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873). Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873). Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37). Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873). |
