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 forward to an applicant a general license authorizing any of the following structures and activities:

(a) Add stone or broken concrete to a revetment or channelward of a bulkhead if the stone or broken concrete extends not more than 10 feet channelward of the existing structure;

(b) Emplace a revetment for shore erosion control only if it is less than 500 feet in length and it is aligned not more than 10 feet channelward of the mean high water line;

(c) Fill nearshore shallow water not more than 35 feet channelward of the mean high water line only if the fill area is less than 500 feet in length and parallel to the upland for the purpose of shore erosion control by tidal vegetated wetland creation;

(d) Maintenance dredge a mooring, boat ramp, or travel lift slip with an area of 1,500 square feet or less and remove 100 cubic yards or less of material, if the licensee complies with the water quality certification required under COMAR 26.08.02;

(e) Reconfigure an existing marina if there is no dredging or no increase in channelward encroachment beyond existing piers and associated structures;

(f) Construct a boat ramp no more than 12 feet wide and 30 feet channelward of the mean high water line;

(g) Armor or strengthen bridges or causeways when the activity extends not more than 10 feet from the existing structure, requires no dredging, and does not impede the flow of the waterway;

(h) Create a new discharge of stormwater runoff within 1,000 feet landward of the tidal wetlands boundary, if the drainage system directly discharges to tidal waters and employs stormwater control measures to manage runoff for rate and water quality according to State and local standards which include measures:

(i) Designed to control erosive velocities to tidal waters or wetlands,

(ii) Required under COMAR 27.01 and 27.02 and a State-approved critical area program of a local jurisdiction;

(i) Clear debris and windfalls from shorelines without dredging State tidal wetlands;

(j) Install temporary monitoring or research devices; and

(k) Construct a replacement bulkhead within a maximum of 18 inches channelward of a functional bulkhead.

B. Individual License.

(1) A person shall apply through the Department for an individual license if any construction or activity involving State wetlands is not among those listed in Regulation .02A of this chapter, §A of this regulation, or the construction or activity is subject to delegation to the Department under Regulation .04A of this chapter.

(2) Before a scheduled Board meeting, the Administrator shall receive the Department's written report and recommendations on applications for individual licenses and provide the following to the Board's Executive Secretary:

(a) A listing of concurrence cases, as defined in Regulation .08A of this chapter, recommended for approval as a single agenda item, including:

(i) Case numbers,

(ii) Names of applicants,

(iii) Project descriptions,

(iv) Project locations, and

(v) Processing chronologies; and

(b) Extraordinary cases, as defined in Regulation .08B of this chapter, and their related information and written recommendations, which shall be presented to the Board as separate agenda items.

C. Expedited License.

(1) For the purposes of this section, "undue hardship" means an extreme financial or other hardship involving an actual, sudden loss of, or imminent danger to, real or personal riparian property, buildings, or riparian livelihood.

(2) Upon assertion by the riparian landowner or applicant that an emergency condition or undue hardship exists and with a concurring written recommendation by the Department, the Administrator may issue an expedited license including all terms and conditions normally associated with the particular type of construction or activity, with subsequent public notice by the Department and affirmation or revocation by the Board in accordance with Environment Article, §16-202(c)(2), Annotated Code of Maryland.