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26.23.02.00.htm 26.23.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 23 NONTIDAL WETLANDS Chapter 02 Permit Application and Processing Authority: Environment Article, §5-901―5-911, Annotated Code of Maryland
26.23.02.01.htm 26.23.02.01. 01 Application Requirements for Regulated Activities.. A. A person may not conduct a regulated activity in a nontidal wetland, or within a buffer or expanded buffer, unless the Department has issued a permit or letter of exemption, or the regulated activity is exempt under COMAR 26.23.01.02. Applications received by the Department after September 30, 1993, to conduct a regulated activity in the Critical Area are subject to the requirements of this subtitle.B. Application Form..
26.23.02.02.htm 26.23.02.02. 02 Application Processing Procedures for the Department.. A. The Department shall acknowledge receipt of the application in writing, by regular mail, and assign the application a processing number. An applicant shall use the application processing number when making inquiries concerning the application.B. The Department shall notify an applicant in writing within 45 days of receipt of an application whether the application is complete and the delineation correct.
26.23.02.03.htm 26.23.02.03. 03 Permit Decision and Appeal.. A. Permit Decision.. 1) After the closing date for receipt of written comments and after a public informational hearing, if requested, the Department shall:a) Consider the written comments, testimony, and other information received; and. b) Render a decision to grant, deny, or condition a permit within:. i) 60 days from the Department's determination that an application is complete and the delineation correct, if no public info
26.23.02.04.htm 26.23.02.04. 04 Criteria for Review of Nontidal Wetland Permit Applications.. A. The Department may not issue a permit for a regulated activity unless the Department finds that the applicant has demonstrated that the:1) Proposed project is water dependent and requires access to a nontidal wetland as a central element of its basic function under the criteria in §B and C of this regulation, or is not water dependent, and has no practicable alternative under the criteria in §D of this regulation;
26.23.02.05.htm 26.23.02.05. 05 Alternative Site and Avoidance and Minimization Analyses.. A. Alternative Sites.. 1) An applicant shall prove to the Department's satisfaction that alternative sites for the proposed project have been examined during the initial planning phase.2) An applicant shall search during the initial planning phase for one or more alternative sites that meet the basic project purpose and would result in less or no adverse impact to nontidal wetlands.
26.23.02.06.htm 26.23.02.06. 06 Water Quality and Watershed Management Plans.. A. To meet the requirements of Regulation .04A(3) of this chapter, a regulated activity may not:. 1) As determined by the Department, cause an individual or cumulative effect that degrades:. a) Aquatic ecosystem diversity, productivity, and stability;. b) Plankton, fish, shellfish, and wildlife;. c) Recreational and economic values; and. d) Public welfare; or.
26.23.02.07.htm 26.23.02.07. 07 Permit Modifications.. A. The Department may require modification of a nontidal wetland permit to ensure compliance with this subtitle.B. The Department may make modifications to a permit:. 1) Upon written request by the permittee; or. 2) When the rights of the permittee under the permit have not vested, and the Department:. a) Receives new, relevant information; or. b) Has amended the regulation under which the permit was issued.. C. Requests by Permittee for Modification..
26.23.02.08.htm 26.23.02.08. 08 Temporary Emergency Nontidal Wetland Permit.. A. The Department may issue a temporary emergency nontidal wetland permit for a regulated activity if:1) A threat to life, severe loss or damage of property, or threat to public safety or public works is imminent; and2) The anticipated threat, loss, or damage may occur before a permit can be issued under the procedures otherwise required by this subtitle.B. Permit Requirements. The temporary emergency permit shall:.
26.23.02.09.htm 26.23.02.09. 09 Permit Suspension and Revocation.. A. Grounds for Permit Suspension or Revocation. The Department may suspend or revoke a permit after notice to the permittee and opportunity for a hearing if the Department determines that any of the following has occurred:1) Failure of a permittee to post a bond required under COMAR 26.23.04.04;. 2) Permittee has failed to comply with the requirements of an administrative action or order under this subtitle or for a violation of the Act or this
26.23.02.9999.htm 26.23.02.9999. 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 .01―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 .01―04, .08, .09, .14, .15, and .22 am
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