Md. Code Regs. 26.24.02.06

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

Section 26.24.02.06 - Conditions of a License or Permit

A. License Conditions. Standard conditions of a tidal wetlands license shall be imposed by the Board in accordance with COMAR 23.02.04.13 o.

B. The Department may recommend that the Board include special conditions, including requirements for maintenance dredging, mitigation, compensation, and financial assurances, in accordance with COMAR 23.02.04.14 o. The Department shall use the guidelines in C-----L of this regulation in recommending conditions to the Board.

C. The licensee shall submit a construction schedule to the Department 10 days before the beginning of construction.

D. The use of construction equipment or other temporary structural barriers may not decrease the width of the navigable waterway by more than 50 percent during construction, unless approved by the Department.

E. The Department may prohibit dredging during certain times to protect shellfish. The Department may determine time restrictions in accordance with the following:

(1) Factors including the type of project, nature of the bottom substrate, location, and other physical site characteristics of the site;

(2) Mechanical dredging within 500 yards of shellfish areas is prohibited from December 16 through March 14, and June 1 through September 30; and

(3) Hydraulic dredging within 500 yards of shellfish areas is prohibited from June 1 through September 30.

F. Dredge restrictions in other identified shellfish areas shall be determined on a case-by-case basis by the Department.

G. Dredging may be prohibited during certain periods by the Department to protect identified finfish-spawning and nursery areas. The Department shall determine dredging time restrictions in accordance with the following:

(1) Restrictions during the nursery period of finfish species shall be determined by the Department using factors including target species, type of project, location, and other physical site characteristics;

(2) Dredging is prohibited from:

(a) February 15 through June 15 in areas where yellow perch have been documented to spawn, and

(b) March 1 through June 15 in areas where other important finfish species identified by the Department have been documented to spawn.

H. Dredging is prohibited within 500 yards of SAV from April 15 through October 15.

I. Detailed final project plans and specifications shall be submitted to and approved by the Administration before the project begins.

J. The Department may prohibit the construction of structures on, in, or over shore erosion control structures unless specifically licensed by the Board of Public Works.

K. Other specific conditions may be recommended by the Department on a case-by-case basis.

L. Permit Conditions.

(1) Standard conditions of a private permit shall be imposed by the Department, which at a minimum address the following:

(a) Protection of property rights;

(b) Construction time period;

(c) Term of permit;

(d) Compliance with plans and specifications;

(e) Maintenance of permitted project;

(f) Protection and management of natural resources;

(g) Use of navigable waters; and

(h) Other approvals required.

(2) The Department may include special conditions such as requirements for maintenance dredging, mitigation, financial assurances, or other approvals. The Department shall use the guidelines in §B of this regulation in establishing special conditions.

Md. Code Regs. 26.24.02.06

Regulations .06 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996