Md. Code Regs. 26.20.10.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.10.07 - Decision on Valid Existing Rights

A. The Bureau shall review the information submitted under Regulation .05 of this chapter, the comments received under Regulation .06 of this chapter, and any other reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request for valid existing rights. The Bureau shall notify the applicant, in writing, if it determines the record is inadequate, providing an explanation of the inadequacy and requesting the submittal of additional information that is necessary to complete the record. The notice shall require the requested information to be submitted within 30 days from receipt of the notice.

B. When the record is complete and adequate, the Bureau shall determine whether the request submitted under Regulation .05 of this chapter has demonstrated valid existing rights. The Bureau's decision shall be in writing and contain findings of fact and conclusions sufficient to justify the decision.

C. The Bureau shall issue a determination that valid existing rights have not been demonstrated if the property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The determination shall be made without prejudice. The request may be refiled when the property rights dispute is finally adjudicated. This section only applies to legal action that is initiated as of the closing date of the comment period under Regulation .06D and F of this chapter.

D. If the record of the request indicates disagreement as to the accuracy of the property rights claims, but is not the subject of any pending litigation, the Bureau shall evaluate the merits of the information in the record and determine whether a demonstration of valid existing rights has been made. The Bureau shall issue a decision in accordance with §B of this regulation.

E. The Bureau shall issue a determination that valid existing rights have not been demonstrated if any of the information requested under §A of this regulation is not submitted within 30 days from receipt of the notice. This determination is made without prejudice and a revised request may be refiled at any time.

F. After making a determination under this regulation, the Bureau shall:

(1) Require the person requesting the determination to publish notice in a newspaper of general circulation in the county in which the land is located and provide a copy of the published notice to the Bureau; and

(2) Provide a copy of the determination and an explanation of appeal rights to:

(a) The person requesting the determination;

(b) The owner or owners of the land to which the determination applies;

(c) The owners of the feature causing the land to come under the protection of Regulation .01B(7) of this chapter; and

(d) When applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of Regulation .01B(7) of this chapter.

G. A determination by the Bureau on valid existing rights is subject to administrative and judicial review under COMAR 26.20.06.

Md. Code Regs. 26.20.10.07

Regulation .07 adopted effective February 12, 2007 (34:3 Md. R. 301)