Md. Code Regs. 26.24.02.05
Current through Register Vol. 51, No. 21, October 18, 2024
Section 26.24.02.05 - General Tidal Wetlands PermitA. The Department shall issue a general wetlands permit to the Administration for those activities in private wetlands listed in §B of this regulation. A person proposing an activity in private tidal wetlands under the general wetlands permit shall apply to the Administration. The Administration shall consider the ecological, economic, developmental, recreational, and aesthetic values of the proposed project and determine if the project proposed in the application qualifies under the general wetlands permit. If a project qualifies under the general wetlands permit and does not require mitigation under COMAR 26.24.05.01 o, the Administration may issue the authorization directly to the applicant.B. General Wetlands Permit Projects. Projects which qualify for approval under the general permit include projects described in Regulation .04 of this chapter and projects to: (1) Install or maintain underground utilities such as phone, cable television, electricity, or natural gas pipelines not exceeding 12 inches in diameter if the surface of the wetlands is restored to its original elevation and vegetation;(2) Conserve soil, vegetation, water, fish, shellfish, and wildlife using best management practices; and(3) Improve wildlife habitat as approved by the Administration.C. Term of Permit. An authorization under the general permit expires 3 years after the date of issuance. If the construction or activity is not completed within 3 years, the Department may not grant an extension and the permittee shall reapply for authorization.D. General Permit Conditions. In order for an authorization under this general permit to be valid, the applicant shall meet the requirements under Regulation .04D of this chapter.Md. Code Regs. 26.24.02.05
Regulations .05 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996