Md. Code Regs. 15.01.05.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.05.05 - Application Review and Approval

A. The Department to Approve or Disapprove an Application.

(1) If the Department approves a project, it shall base the amount of State cost sharing on:

(a) The existence of a critical condition;

(b) Water quality improvements to be achieved, with consideration given to the cumulative effect of other projects on the same body of water;

(c) Excepting riparian forest buffers, riparian herbaceous cover, wetland restoration, or pasture management, the estimated reduction of soil loss;

(d) The estimated reduction of pollution from animal waste;

(e) The estimated economic benefit to the participating farmer from use of the best management practice;

(f) Use of the most cost-effective best management practice;

(g) For pasture management, the applicable rate established by the U.S. Department of Agriculture's Environmental Quality Incentives Program; and

(h) For the planting of multiple species of cover crops, the rate shall equal or exceed the rates paid for the planting of a single species of cover crop.

(2) The Department shall disapprove an application for any of the following reasons:

(a) The applicant seeks to reestablish agricultural practices which have deteriorated due to the negligence or mismanagement of an applicant;

(b) The applicant seeks funding for a conservation practice that does not:

(i) Address a natural resource concern identified by the U.S. Department of Agriculture's Natural Resources Conservation Service; or

(ii) Result in an improved conservation benefit;

(c) The application is incomplete or does not comply with these regulations;

(d) The applicant's land is not a farm or is not used for agricultural purposes;

(e) The application is for a farm where a critical condition does not exist;

(f) The application is for a project which is already under construction; or

(g) No available funds.

B. Within 30 days, the Department shall notify both the applicant and the district if an application is approved, and the applicant shall be notified of the estimated State cost sharing amount for the project and the applicant's required matching amount.

Md. Code Regs. 15.01.05.05

Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175); amended effective 48:10 Md. R. 401, eff. 5/17/2021