Md. Code Regs. 08.08.06.02

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

Section 08.08.06.02 - Procedure

A. This regulation applies to permit suspension and revocation for any permit by the lake manager.

B. All notices and determinations by the lake manager shall be made in writing and delivered in person or by mail. Mailing of a notice or determination by certified mail, return receipt requested, to the permittee at each address provided in the permittee's permit application shall constitute adequate constructive notice for further proceedings under this subtitle.

C. Upon determination that grounds exist for permit suspension or revocation, the lake manager shall notify the permittee in writing of the intent to suspend or revoke the permit. The notice of intent to suspend or revoke shall describe the violation and state the corrective measures, if any, that the permittee may take within 15 days to remedy the violation.

D. Final Determination.

(1) If a violation is corrected, the lake manager may rescind the notice of intent to suspend or revoke.

(2) If a permittee fails to correct the violation within 15 days of receipt of the notice of intent to suspend or revoke, the lake manager shall suspend or revoke the permit.

(3) When a permit is suspended for 15 days or less, a person may not engage in activity authorized by the permit or use a facility installed under a permit for the period of permit suspension.

(4) When a permit is suspended or revoked for more than 15 days, a person may not engage in activity previously authorized by the permit, and within 15 days of receipt of the notice of revocation, the permittee shall remove any dock, mooring buoy or structure installed under the permit. Removal shall be in accordance with COMAR 08.08.07.

E. Except for a special permit validated for commercial use, all permits expire on an annual basis. The following permits terminate by virtue of these regulations, or upon action of the lake manager, under the following circumstances:

(1) Buffer strip use permits expire automatically upon the sale or transfer of the property covered by the permit, except in the case of a common dock facility where the privileges for a specific eligible property which has been sold expire and the permit remains in effect for the remaining property owners;

(2) Recreational permits expire:

(a) Automatically and permanently upon sale or transferral of property covered by permit; or

(b) For failure to renew the permit for more than 1 year;

(3) Special permits expire automatically upon the conversion of commercial property to noncommercial use or upon a significant change in the commercial operation requiring substantial modifications to the special permit;

(4) Nonconforming use permits expire:

(a) Upon the action of the lake manager when the permittee or any other person substantially changes or alters the structure, building, boat, or vessel;

(b) Upon the action of the lake manager when the nonconforming building, structure, dock, or boat has not been used for more than 1 year; and

(c) Automatically upon the transfer or sale of the property covered by the permit.

F. Development Permits. The lake manager shall specify the term of the development permit on the permit in accordance with COMAR 08.08.05.06G.

Md. Code Regs. 08.08.06.02

Regulation .02 amended effective July 10, 1989 (16:13 Md. R. 1419)
Regulation .02 amended as an emergency provision effective April 29, 2000 (27:10 Md. R. 962); amended permanently effective May 29, 2000 (27:10 Md. R. 965)