Md. Code Regs. 26.24.02.04

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

Section 26.24.02.04 - General Tidal Wetlands License

A. The Board shall issue a general wetlands license for those activities proposed in State tidal wetlands listed in §B of this regulation. A person proposing an activity in State tidal wetlands under the general wetlands license shall apply to the Department. The Department shall consider the ecological, economic, developmental, recreational, and aesthetic values of the proposed project and determine if the proposed project qualifies under the general wetlands license. If a project qualifies for a general wetlands license and does not require mitigation under COMAR 26.24.05.01 o, the Department may issue the authorization directly to the applicant.

B. General Wetlands License Projects. Projects which qualify for approval under the general license include projects to:

(1) Add stone or broken concrete to a revetment or channelward of a bulkhead if the stone or broken concrete extends not more than 10 feet channelward of the existing structure;

(2) Emplace a revetment for shore erosion control only if it is less than 500 feet in length and it is aligned not more than 10 feet channelward of the mean high water line;

(3) Fill near shore shallow water not more than 35 feet channelward of the mean high water line only if the fill area is less than 500 feet in length and parallel to the upland for the purpose of shore erosion control by tidal vegetated wetland creation;

(4) Maintenance dredge a mooring, boat ramp, or travel lift slip with an area of 1,500 square feet or less and remove 100 cubic yards or less of material, if the licensee complies with the water quality certification required under COMAR 26.08.02;

(5) Reconfigure an existing marina if there is no dredging or no increase in channelward encroachment beyond existing piers and associated structures;

(6) Construct a boat ramp not more than 12 feet wide and 30 feet channelward of the mean high water line;

(7) Armor or strengthen bridges or causeways when the activity extends not more than 10 feet from the existing structure, requires no dredging, and does not impede the flow of the waterway;

(8) Create a new discharge of storm water runoff within 1,000 feet landward of the tidal wetlands boundary, if the drainage system directly discharges to tidal waters and employs stormwater control measures to manage runoff for rate and water quality according to State and local standards which include measures:

(a) Designed to control erosive velocities to tidal waters of wetlands, and

(b) Required under COMAR 27.01.01 and 27.02.01 and a State-approved critical area program of a local jurisdiction;;

(9) Clear debris and windfalls from shorelines without dredging State tidal wetlands;

(10) Install temporary monitoring or research devices; and

(11) Construct a replacement bulkhead within a maximum of 18 inches channelward of a functional bulkhead.

C. Term of License. An authorization under a general license expires 3 years after the date of issuance. If the construction or the activity authorized under this general license is not completed within 3 years, a license extension may not be granted by the Department and the licensee shall apply for a new license.

D. General License Conditions. To obtain authorization under the general license to be valid, an applicant shall:

(1) Obtain all required federal, State, county, or local approvals before beginning work on a licensed activity;

(2) When applicable, obtain an approved sediment and erosion control plan from the local soil conservation district before construction;

(3) Notify the Enforcement Division of the Water Management Administration at least 5 days before beginning work;

(4) Allow representatives of the Department to enter the property at reasonable times to inspect the ongoing or completed work under the license; and

(5) Design and construct the authorized work in a manner which minimizes adverse impacts on natural resource values, including water quality, plants, wildlife, and plant and wildlife habitat.

Md. Code Regs. 26.24.02.04

Regulations .04 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996