Md. Code Regs. 26.23.02.06

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

Section 26.23.02.06 - Water Quality and Watershed Management Plans

A. To meet the requirements of Regulation .04A(3) of this chapter, a regulated activity may not:

(1) As determined by the Department, cause an individual or cumulative effect that degrades:

(a) Aquatic ecosystem diversity, productivity, and stability;

(b) Plankton, fish, shellfish, and wildlife;

(c) Recreational and economic values; and

(d) Public welfare; or

(2) As determined by the Department, cause an individual or cumulative effect that:

(a) Violates any applicable State water quality standard, the Environment Article of the Annotated Code of Maryland, or the Clean Water Act;

(b) Degrades surface and ground water quality.

B. To meet the requirements of Regulation .04A(4) of this chapter, a regulated activity shall be consistent with any comprehensive watershed management plan developed or approved by the Department. Comprehensive watershed management plans shall meet the following criteria:

(1) Comprehensive watershed management plans may be prepared by local, State, or federal government agencies;

(2) A private property owner may request to assist in the preparation of a comprehensive watershed management plan when the entire watershed is owned by the private property owner; and:

(a) When the Department, after consultation with appropriate local, State, and federal agencies, approves of the request;

(b) A private property owner agrees to assist in the preparation of the comprehensive management plan in accordance with this section; and

(c) The comprehensive watershed management plan meets the requirements of §B(3)-(5) of this regulation;

(3) Comprehensive watershed management plans shall be prepared in cooperation with local, State, and federal agencies and approved by the Department;

(4) The Department may not adopt or approve a plan before conducting a public informational hearing on the proposed plan in the county or counties affected by the comprehensive watershed management plan;

(5) A comprehensive watershed management plan shall include the following elements:

(a) A functional assessment of nontidal wetlands within the watershed;

(b) The location of potential mitigation sites;

(c) Protection of nontidal wetlands;

(d) A plan for limiting cumulative impacts to nontidal wetlands;

(e) Water supply management; and

(f) Flood management.

Md. Code Regs. 26.23.02.06

Regulations .06 were recodified, under COMAR 08.05.04 Nontidal Wetlands, June 1996