Md. Code Regs. 26.24.01.04

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

Section 26.24.01.04 - Public Notice

A. Exemptions from Public Notice for a State Wetlands License. If the Department recommends to the Board that a State wetlands license be granted, the Board may issue a license without public notice for:

(1) Projects which qualify under the general license in COMAR 26.24.02.04 o;

(2) Construction of a shore erosion control structure other than a revetment, if the fill area is less than 300 feet in length parallel to the upland and as close to the upland as structurally feasible, but not more than 10 feet channelward of the mean high water line;

(3) Repair or replacement of a bulkhead for the purpose of shore erosion control when the bulkhead is presently functional, but is deteriorating or damaged, only if the repair or replacement structure does not extend more than 18 inches channelward of the existing structure measured from the channelward face of the existing piling to the landward face of the proposed sheeting, although replacement may include stone or broken concrete placed along the base of the bulkhead, only if the stone or broken concrete does not extend more than 10 feet channelward of the bulkhead; and

(4) Construction or repair of a private, noncommercial boat ramp only if the ramp does not exceed 12 feet in width and extend more than 30 feet channelward of the mean high water line.

B. Exemptions from Public Notice for Private Wetlands Permits. The Department may:

(1) Issue a private wetlands permit without a public notice for the following categories of projects:

(a) Projects which qualify under the general permit in COMAR 26.24.02.05 o,

(b) Construction of tide gates designed to prevent the encroachment of salt water into agricultural drainage ditches, and

(c) Installation of underground utilities, if the surface of the wetlands is restored substantially to its original condition;

(2) Authorize work in private wetlands without public notice when an emergency exists.

C. An applicant shall notify adjoining riparian property owners in writing at the time of application if the proposed project requires public notice. The notification shall include:

(1) A copy of the application and plans for the proposed project; and

(2) A statement advising the property owner to direct any comments or concerns directly to the Department within 2 weeks of receipt.

D. The Department shall issue a public notice of an opportunity to submit written comments, or to request a public informational hearing about the application for a State wetlands license or private wetlands permit. Public notice is not required for activities exempted under A and B of this regulation.

E. The notice in §D of this regulation shall:

(1) Contain:

(a) The name of the applicant;

(b) A general description of the nature and location of the proposed activity including the street address of the proposed activity;

(c) Instructions for submission of written comments or a request for a public informational hearing;

(d) The expiration date for the opportunity to comment or to request a public informational hearing; and

(e) The address and telephone number of an individual in the Department from whom information about the application may be obtained;

(2) Be given by:

(a) Publication in a daily newspaper distributed in one or more counties which the Department determines may be directly affected by the proposed activity, or if there is no local daily newspaper, in a newspaper of general circulation in that county;

(b) Publication in the Maryland Register;

(c) Joint notice with other units or programs reviewing applications for other approvals within the Department; and

(d) Selected mailing to federal, State, county, or municipal authorities, and other list of interested persons, including anyone who has:

(i) Submitted written comments on the specific project in question,

(ii) Requested to be kept informed about the specific project, or

(iii) Requested receipt of public notices for tidal wetlands licenses and permits.

Md. Code Regs. 26.24.01.04

Regulations .04 were recodified from Regulations .01, .02, .13, .24, .25, .27, and .28, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996