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26.23.04.00.htm 26.23.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 23 NONTIDAL WETLANDS Chapter 04 Mitigation Authority: Environment Article, §5-901―5-911, Annotated Code of Maryland
26.23.04.01.htm 26.23.04.01. 01 Mitigation for Agricultural Activities.. A. Exemptions. Mitigation or monetary compensation for nontidal wetland losses are not required for agricultural activities which are exempted under COMAR 26.23.05.01B.B. Requirements.. 1) The Department shall require that a person conducting an agricultural activity in nontidal wetlands after December 31, 1990, mitigate for the loss of nontidal wetlands within 3 years of the loss, if the agricultural activity is not exempted under
26.23.04.02.htm 26.23.04.02. 02 Mitigation for Regulated Activities.. A. Exemptions. Mitigation or monetary compensation for nontidal wetland losses is not required for regulated activities:1) Exempted in COMAR 26.23.01.02 and 26.23.03.01, except when specified;. 2) Which do not result in a loss of nontidal wetlands;. 3) Occurring only in the buffer or expanded buffer.. B. Requirements.. 1) A permittee shall take all necessary steps to first avoid adverse impacts and then minimize losses of nontidal wetlands. I
26.23.04.03.htm 26.23.04.03. 03 Mitigation Standards.. A. Goal. It is the goal of the Act to attain no net overall loss in nontidal wetland acreage and function, and to strive for a net resource gain in nontidal wetlands. However, it may not be possible for the goal of no net loss to be achieved in each permit action. Achievement of this goal will occur through the regulatory components of this subtitle and other Statewide initiatives which incorporate nontidal wetlands creation, restoration, and enh
26.23.04.04.htm 26.23.04.04. 04 Monitoring and Bonding.. A. Monitoring.. 1) The monitoring period begins with the first full growing season following completion of construction. The period of the growing season is specified in the post-construction monitoring plan, Phase II plan, or mitigation banking agreement.2) Monitoring reports are submitted by:. a) A permittee or person conducting an agricultural activity for a period of 5 years from the completion of construction of the mitigation project, un
26.23.04.05.htm 26.23.04.05. 05 Mitigation Plan.. A. A person conducting an agricultural activity in nontidal wetlands shall submit mitigation components of a soil conservation and water quality plan to the Department consistent with the requirements of this regulation.B. Phase I.. 1) A permittee shall submit Phase I of a mitigation plan as part of the permit application.. 2) Phase I of the mitigation plan shall include all of the following information:.
26.23.04.06.htm 26.23.04.06. 06 Mitigation Banking.. A. Application Procedures.. 1) A person proposing to establish and operate a mitigation bank shall submit a mitigation bank application on a form provided by the Department.2) The application shall meet the requirements of COMAR 26.23.02.01B(6). 3) A mitigation bank concept plan is submitted with the application and includes:. a) Drawings at a scale equal to 1 inch equals 200 feet or other scale approved by the Department, and showing existing topogr
26.23.04.07.htm 26.23.04.07. 07 Nontidal Wetland Compensation Fund.. A. The Department may accept monetary compensation if it determines that mitigation for nontidal wetland losses is not a feasible alternative. Monetary compensation may not substitute for the requirement to avoid or minimize nontidal wetland losses.B. When a permittee or person conducting an agricultural activity maintains that mitigation is not a feasible alternative based on the requirements of §C of this regulation, t
26.23.04.9999.htm 26.23.04.9999. 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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