Md. Code Regs. 23.02.04.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 23.02.04.05 - Delegation to the Department

A. The Board delegates to the Department the authority to grant, deny, or grant with conditions a State tidal wetlands general license for the following activities:

(1) Except for applications for nonwater-dependent projects under Environment Article, § 16-104, Annotated Code of Maryland, constructing pilings or fixed or floating private, noncommercial piers and platforms that are not exempt from licensure under Regulation .04E(1) of this chapter;

(2) Constructing a revetment by placing riprap for shore erosion control only when it is no more than:

(a) 500 feet in length parallel to the shoreline; and

(b) 10 feet channelward of the mean high water line;

(3) Filling or constructing a nonriprap shore erosion control structure, such as a bulkhead, when the fill area is no more than:

(a) 300 feet in length parallel to the shoreline; and,

(b) 10 feet channelward of the mean high water line;

(4) Constructing tidal groins to minimize impacts to the littoral drift, when extending no more than 25 feet channelward of the mean high water line;

(5) Bulkhead repair or replacement where the repair or replacement does not extend more than 18 inches channelward of the existing bulkhead. A general license for repair or replacement may authorize riprap placed as a revetment along the base of the bulkhead, if the riprap does not extend more than 10' channelward of the bulkhead;

(6) Filling of nearshore shallow water not more than 35 feet channelward of the mean high water line when the fill area is:

(a) Less than 500 feet in length;

(b) Parallel to the shoreline; and

(c) For the purpose of shore erosion control by vegetated tidal wetland creation;

(7) Maintenance dredging a mooring, private or commercial boat ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of material nor an area greater than 1,500 square feet needs to be dredged;

(8) Reconfiguring an existing marina when there is no dredging or increase in channelward encroachment beyond existing piers and associated structures;

(9) Constructing a private noncommercial boat ramp not more than 12 feet wide and 30 feet channelward of the mean high water line;

(10) Reinforcing bridges or causeways when they extend less than 10 feet from the existing structure, require no dredging, and do not impede the flow of the waterway;

(11) Creating a new discharge of stormwater runoff when the project directly discharges to tidal waters if the drainage system extends no more than 10 feet channelward of the mean high water line and complies with stormwater regulations;

(12) Clearing debris and windfalls from shorelines without dredging State tidal wetlands;

(13) Installing temporary (not to exceed 3 years) sampling, surveying, or monitoring equipment solely for research or educational purposes where the impacted area does not exceed 10,000 square feet;

(14) Performing scientific sampling, soil borings, sediment borings, archaeological surveys, or similar activities in a total area not to exceed 10,000 square feet or exceed 10 cubic yards;

(15) Installing temporary site access measures such as wooden mats, as long as there are no changes to hydrology or grading and the impacted area does not exceed 10,000 square feet and provided the area is restored to original conditions; and

(16) Installing intake and discharge structures associated with aquaculture activities that are not exempt from licensure under Regulation .04E(5) of this chapter.

B. The Department may not grant or deny a State tidal wetlands general license for a nonwater-dependent project under Regulation .07 of this chapter.

C. The Department may not grant or deny a State tidal wetlands general license if the activity listed in subsection A of this regulation requires compensation under Regulation .12 of this chapter or if the activity listed in §A of this regulation is part of a larger project that requires an individual license under Regulation .06B(4) of this chapter.

D. The Board, through the Executive Secretary, may, after consultation with the Wetlands Administrator, require any project delegated to the Department to obtain an individual license.

E. The Department shall provide to the Board such reports and information as the Board may request.

Md. Code Regs. 23.02.04.05

Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873); adopted effective 48:13 Md. R. 510, eff. 6/28/2021