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26.17.04.00.htm 26.17.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 17 WATER MANAGEMENT Chapter 04 Construction on Nontidal Waters and Floodplains Authority: Environment Article, §1-404, 5-501―514, Annotated Code of Maryland
26.17.04.01.htm 26.17.04.01. 01 Scope.. 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 boundari
26.17.04.02.htm 26.17.04.02. 02 Definitions.. A. The following definitions describe the meanings of terms used in the regulations governing construction on nontidal waters and floodplains adopted by the Water Management Administration of the Department of the Environment (Regulations .01-13) unless the context in which they are used clearly requires a different meaning or a different meaning is prescribed at the point of use. Terms not defined below shall have the meanings given to them in t
26.17.04.03.htm 26.17.04.03. 03 Requirements for a Permit.. 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.
26.17.04.04.htm 26.17.04.04. 04 Permit Applications ― General Requirements.. 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 i
26.17.04.05.htm 26.17.04.05. 05 Dams and Reservoirs.. 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 spe
26.17.04.06.htm 26.17.04.06. 06 Bridges and Culverts.. 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.
26.17.04.07.htm 26.17.04.07. 07 Changes in Stream Channels or Floodplains.. 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, surfac
26.17.04.08.htm 26.17.04.08. 08 Temporary Construction in a Stream Channel or Floodplain.. A. In addition to the general requirements as described in Regulation .04 of this chapter, the requirements in §B―E of this regulation apply to applications for temporary changes in stream channels or floodplains unless specifically waived by the Administration.B. Temporary Sediment-Trapping Devices. The following special requirements shall apply to applications for temporary sediment-trapping devices within
26.17.04.09.htm 26.17.04.09. 09 Conduits, Pipes, or Other Devices Pertaining to the Potomac River.. 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
26.17.04.10.htm 26.17.04.10. 10 General Waterway Construction Permit.. A. A person shall be permitted by this regulation to make changes in the course, current, or cross section of the 100-year frequency floodplain if the conditions specified in this regulation for these activities are met and 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. The changes include the following:
26.17.04.11.htm 26.17.04.11. 11 Criteria for Evaluating Applications.. A. The criteria described herein are presented to assist persons in preparing their permit applications and to provide a consistent basis for the Administration's decisions. The Administration shall follow the criteria, unless the Administration determines that the overall public interest requires a variance. In that case, written documentation justifying the variance shall have been submitted by the applicant and will be
26.17.04.12.htm 26.17.04.12. 12 Violations of Statutory, Regulatory, or Permit Requirements.. A. Action on Violation. If the Administration determines that there has been a violation of any provision of Environment Article, §5-501―5-514, Annotated Code of Maryland, of any regulation, or of any permit, it shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the nature of the violation. After, or concurrent with, service of the complaint, the Ad
26.17.04.13.htm 26.17.04.13. 13 Public Hearings.. 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.. B. The provisions of this regulation do not apply to those projects that me
26.17.04.9999.htm 26.17.04.9999. Administrative History Effective date: August 11, 1978 (5:16 Md. R. 1256). Regulation .09E amended as an emergency provision effective June 23, 1980 (7:14 Md. R. 1345) adopted permanently effective November 9, 1980 (7:22 Md. R. 2072) ―Chapter revised effective November 3, 1986 (13:22 Md. R. 2396). Regulation .03 amended effective June 29, 1987 (14:13 Md. R. 1471). Regulation .05B amended effective August 8, 1988 (15:16 Md. R. 1913).
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