Md. Code Regs. 08.04.11.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.04.11.01 - Waterways Improvement - Dredging

A. To establish a waterway improvement district, the governing body shall refer the proposed district to the Department by submitting a written description of the proposed project including drawings or sketches showing the project, spoil area, property owners, public facilities, data justifying the project, and other pertinent information the Department requires.

B. Upon receipt of the required information, the Department shall review the project and give its recommendations as to the feasibility of the project.

C. When the applicant has received a report as to the feasibility of the project from the Department, the applicant then shall furnish the following without cost to the State if deemed necessary by the Department:

(1) All necessary land, easements, and rights-of-way required for construction and subsequent maintenance, including suitable spoil areas;

(2) A properly executed statement holding the State free from damages that may result from construction of the project;

(3) An agreement to accomplish alterations and relocations as required in sewer, water supply, drainage, and other facilities.

D. When the Department has received the items required by this regulation, the project shall be reviewed. If approved, the project will be included in the Department's budget request as required in Natural Resources Article, §8-709, Annotated Code of Maryland.

E. The costs of surveys and engineering design relating to any project authorized under the provisions of Natural Resources Article, §8-707, Annotated Code of Maryland, shall be included in the overall cost of the project.

F. The term "access areas" as specified in Natural Resources Article, §8-703(a)(4), Annotated Code of Maryland, shall include, but is not limited to, parcels of land acquired or leased for approved spoil disposal sites to complete any dredging project authorized under the provisions of Natural Resources Article, §§8-705, 8-707(3), and 8-708(a) -(d), Annotated Code of Maryland. If such an acquisition or lease is deemed appropriate by the Department, then the cost of such acquisition or lease shall be included in the overall cost of the project.

Md. Code Regs. 08.04.11.01

Regulation .01 amended effective October 29, 1975 (2:24 Md. R. 1480) Chapter renumbered effective June 23, 1976 (3:13 Md. R. 721) ----------
Regulation .01C amended effective October 31, 1988 (15:22 Md. R. 2556)
Regulation .01F adopted effective October 31, 1988 (15:22 Md. R. 2556)