Md. Code Regs. 26.23.02.08

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

Section 26.23.02.08 - Temporary Emergency Nontidal Wetland Authorizations

A. The Department may issue a temporary emergency nontidal wetland permit or letter of authorization for a regulated activity if:

(1) A threat to life, severe loss or damage of property, or threat to public safety or public works is imminent; and

(2) The anticipated threat, loss, or damage may occur before a permit or letter of authorization can be issued under the procedures otherwise required by this subtitle.

B. Emergency Authorization Requirements. The temporary emergency permit or letter of authorization shall:

(1) Incorporate, to the greatest extent practical and feasible, the standards and criteria required for nonemergency regulated activities;

(2) Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days;

(3) Require rectification for nontidal wetlands with temporary adverse impacts; and

(4) Require mitigation for nontidal wetland losses, unless exempt under COMAR 26.23.04.02.

C. Temporary Emergency Procedure.

(1) Not later than the next business day after beginning an emergency regulated activity, a temporary emergency permit or letter of authorization shall be requested.

(2) A temporary emergency permit or letter of authorization request may be made orally. However, the applicant shall submit a written request to the Department within 3 business days of the oral request.

(3) The request in §C(2) of this regulation shall include the:

(a) Applicant's name;

(b) Location of the emergency activity;

(c) Extent of work to be done;

(d) Anticipated adverse impact on nontidal wetlands; and

(e) Reason for the emergency.

(4) The temporary emergency permit or letter of authorization may be granted orally or in writing. If oral approval is granted, the Department shall issue a written emergency permit or letter of authorization within 3 business days of the approval.

(5) If oral approval is not granted, the Department shall issue a written temporary emergency permit or letter of authorization within 10 business days of the request if the temporary emergency permit or letter of authorization is approved by the Department.

D. For activities which do not qualify for a letter of authorization under chapter .03 of this subtitle, the Department shall provide public notice and opportunity for comment on the issuance of a temporary emergency permit in a local newspaper of general circulation, not later than 15 days after the issuance of a permit.

E. Upon written request by a permittee, or authorized person, the Department may extend the temporary emergency permit or letter of authorization if more time is required to complete the work authorized or to rectify the site.

F. The Department may suspend or revoke a temporary emergency permit or letter of authorization in conformance with Regulation .09 of this chapter.

G. Work performed under a temporary emergency permit or letter of authorization shall conform to conditions specified by the Department.

H. A person shall apply for a nontidal wetland permit or letter of authorization pursuant to regulation .01 of this chapter if:

(1) The person intends to conduct an additional regulated activity at the site which does not qualify for a temporary emergency permit or letter of authorization;

(2) A temporary emergency permit or letter of authorization is denied;

(3) Work authorized under the temporary emergency permit or letter of authorization is conducted beyond the 90-day period in §B(2) of this regulation without approval from the Department;

(4) The activity does not qualify for a temporary emergency permit or letter of authorization; or

(5) Mitigation is required under §B(4) of this regulation.

Md. Code Regs. 26.23.02.08

Regulations .08 amended as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994
Regulations .08 amended as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151);
Regulations .08 amended permanently effective October 24, 1994, (21:21 Md. R. 1813)
Regulations .08 were recodified under COMAR 08.05.04 Nontidal Wetlands, June 1996; amended effective 45:12 Md. R. 617, eff. 6/18/2018