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26.23.01.00.htm 26.23.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 23 NONTIDAL WETLANDS Chapter 01 General Authority: Environment Article, ยง5-901โ€•5-911, Annotated Code of Maryland
26.23.01.01.htm 26.23.01.01. 01 Definitions.. A. The following definitions describe the meaning of terms used in this subtitle, 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 meaning given to them in Environment Article, Title 5, Subtitle 9, Annotated Code of Maryland, in other or relevant statutes or regulations in this title or, if not defined in statutes, the me
26.23.01.02.htm 26.23.01.02. 02 Activities Exempt from Permit Requirement.. The following activities are exempt from the letter of exemption, permit, and mitigation requirements of this subtitle:A. Forestry activities.. B. Agricultural activities in COMAR 26.23.05.01B. All other agricultural activities are exempt from the permit requirements of this subtitle, but are subject to the mitigation requirements of COMAR 26.23.04.01 and COMAR 26.23C. Approved mitigation projects required under this subtitle..
26.23.01.03.htm 26.23.01.03. 03 County Delegation.. A. Request for Delegation.. 1) The Department may delegate all or part of its authority under the Act to a county that enacts a nontidal wetlands protection program that meets or exceeds the standards adopted by the Department.2) To request delegation, a county shall submit a written request to the Department which includes the following information:a) A copy of the proposed program, as enacted, or other evidence of authority to implement a program;
26.23.01.04.htm 26.23.01.04. 04 Expanded Buffer.. A. Nontidal wetlands for which the buffer shall be expanded to 100 feet by regulation are:. 1) Nontidal wetlands of special State concern; and. 2) Nontidal wetlands with adjacent areas containing:. a) Steep slopes; or. b) Highly erodible soils; and. 3) Outstanding National Resource Waters (ONRW). B. Nontidal Wetlands of Special State Concern.. 1) The following criteria shall be used by the Department to designate nontidal wetlands of special State concern that:
26.23.01.05.htm 26.23.01.05. 05 Enforcement.. A. Enforcement Authority. The means of enforcement under this regulation may be made available to county governments with delegated authority under Regulation .03 of this chapter. Any hearing and associated processes under this regulation may be conducted by authorized county governments when these enforcement means are used, upon agreement between the Department and the county.B. Complaints and Orders.. 1) In addition to any other sanction authorized by
26.23.01.9999.htm 26.23.01.9999. Administrative History Effective date: March 15, 1990 (17:5 Md. R. 637). Chapter revised as an emergency provision effective January 1, 1991 (18:2 Md. R. 128). Chapter revised effective May 13, 1991 (18:9 Md. R. 1007). Regulations .01โ€•04, .08, .09, .14, .15, and .22 amended and Regulation .27 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649) emergency status expired April 1, 1994Regulations .01โ€•04, .08, .09, .14, .15, and .22 am
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