If 5 or more years has lapsed since a previously determined categorical exclusion, FNSI, or EIS, the Department may determine to reaffirm or modify the decision contained in a previously issued categorical exclusion, FNSI, or EIS, following the Department's environmental reevaluation of the proposed project. The Department's decision to reaffirm a categorical exclusion, FNSI, or EIS more than 5 years old shall follow the public review procedures described in Regulations .04, .08, or .09, respectively, of this chapter.
Md. Code Regs. 26.03.11.10