Md. Code Regs. 26.24.02.02

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

Section 26.24.02.02 - Application Requirements

A. Who May Apply. An applicant for a license or permit is a person:

(1) With a riparian interest in private tidal wetlands or upland adjacent to State tidal wetlands, or an agent designated by the person with riparian interest; or

(2) Seeking approval for navigation, mining, aquaculture, archeology, or similar projects in tidal wetlands.

B. Application Form.

(1) The application form shall be a joint federal and State application for the regulation of activities in tidal wetlands in Maryland.

(2) An applicant for a tidal wetlands license or permit shall submit all of the information required by the Department in a manner and form acceptable to the Department before final action on the application is taken.

(3) For additional information requirements for specific project types, see COMAR 26.24.03 and 26.24.04.

(4) The application form is available at the following government agencies:

(a) Department of the Environment;

(b)

U. S. Army Corps of Engineers, Baltimore District;

(c) An agency designated by each county or municipality; or

(d) Department of the Environment, Water Management Administration.

(5) The person who signs an application form shall be:

(a) An individual or an individual's authorized agent;

(b) An officer or authorized agent of a corporation;

(c) An authorized official of a State or local government; or

(d) An authorized member of an association or partnership.

(6) The person who signs an application is responsible for the truth, accuracy, and completeness of all information in the application.

C. The Department shall acknowledge receipt of an application in writing by regular mail, and shall advise the applicant of the public notice requirements under COMAR 26.24.01.04 o.

D. The Department shall review an application to determine whether it is complete for processing. An application is complete if it contains all the information required in this subtitle. The Department shall notify an applicant within 45 days by telephone or in writing of the additional information required in an incomplete application. If the Department fails to notify an applicant within 45 days, an application is considered complete. The Department may require additional information from an applicant as a result of the administrative review process.

E. For purposes of an application, mean high water and mean low water are:

(1) Referenced in feet to a benchmark elevation based upon:

(a) The National Geodetic Vertical Datum of 1929 (NGVD) which is incorporated by reference under 41 FR 20202 (1976);

(b) The North American Vertical Datum of 1988 (NAVD) which is incorporated by reference under 48 FR 50784 (1983); or

(c) A benchmark established and documented by an applicant and approved by the Department;

(2) Determined using one of the following methods:

(a) Control tide station data as published by the U. S. Department of Commerce, National Oceanic and Atmospheric Administration;

(b) Derivation of the equivalent high water datum using a comparison of observational records with control tide station data as published by the U. S. Department of Commerce, National Oceanic and Atmospheric Administration; or

(c) An evaluation of the project site conditions based upon the following parameters:

(i) Predicted tide range elevations,

(ii) Meteorologic conditions,

(iii) Vegetation and other biological factors at the site including barnacles and algae lines, and

(iv) Physical indicators at the site such as rack lines, stain marks on nearby structures, and beach particle sorting.

F. The Department may require an applicant to engage a professional engineer, licensed under Maryland law, to certify that the design meets all of the requirements of the Department. This requirement may apply to projects including:

(1) Shore erosion control structures; and

(2) Dredge material placement sites.

G. The Department may require project plans to include a bathymetric survey that is referenced to a benchmark based on the NGVD of 1929 or NAVD of 1988, or a benchmark established and documented by an applicant and approved by the Department. All survey and topographic information shall be referenced to 0.0 mean low water.

H. Other Approvals.

(1) The Department may suspend processing of an application for a structure or activity if the application is inconsistent with State, federal, or local land use requirements, including federal tidal wetlands authorizations under § 404 of the Clean Water Act of 1992 and § 10 of the Rivers and Harbors Act of 1899, critical area, zoning, special exception, variance, or conditional use approvals. The Department will make these consistency determinations in cooperation with the appropriate State, federal, and local regulatory agencies. Project approval under this subtitle does not relieve a licensee or permittee of the need to obtain other approvals that may be required.

(2) A person shall obtain a permit to engage in aquaculture activities under COMAR 08.02.14 before the Department will accept an application for construction of an aquaculture facility in tidal wetlands.

I. An applicant shall allow reasonable access for inspection of the project site by representatives of the Department.

J. An applicant may request in writing, at the time an application is submitted or as soon as possible, that certain information submitted as part of an application not be disclosed. The Department shall determine if the information is confidential under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, and other applicable law. If the Department denies a request for nondisclosure, an applicant may withdraw the application or appeal the Department's determination under applicable law. If an applicant withdraws an application, the Department shall, at the request of the applicant, return any documents claimed to be confidential.

Md. Code Regs. 26.24.02.02

Regulations .02 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996