Md. Code Regs. 26.24.03.02

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

Section 26.24.03.02 - Dredging - General

A. Required Information. In addition to the requirements of Regulations .03 and .05 of this chapter and COMAR 26.24.02.02 o, an applicant proposing to perform dredging in State or private tidal wetlands that have never been dredged shall submit the following information at the time of application:

(1) A description of the purpose for the dredging and a discussion of alternatives considered, including an evaluation of the no action alternative;

(2) A plan of the proposed project, showing the:

(a) Extent of the area to be dredged;

(b) Existing and proposed depths;

(c) Volume of material to be removed;

(d) Extent of tidal wetlands to be impacted; and

(e) Identification of a dredged material disposal site;

(3) The method of dredging and anticipated work schedule; and

(4) A map depicting current submerged aquatic vegetation populations within and adjacent to the area to be dredged, date of the submerged aquatic vegetation survey, and the method of sampling.

B. Additional Information Requirements.

(1) Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to tidal wetlands, the Department may, with notice to the applicant by telephone, letter, or meeting, require information in addition to that in §A of this regulation. The Department recommends that an applicant consult with the Department before developing and submitting the information listed in §B(2)-(5) of this regulation.

(2) A description of the predicted short-term and long-term impacts of dredging activities on water circulation, water quality, tidal wetland values, and aquatic biota may be required.

(3) Bathymetric Survey.

(a) A bathymetric survey of existing depths may be required.

(b) The survey shall reflect current conditions in the area to be dredged and shall be dated.

(c) The survey shall relate to mean low water (MLW) as 0.0 and be referenced to a recoverable vertical bench mark. Soundings may be poled or recorded by fathometer and shall be taken to an accuracy of 0.5 foot unless otherwise specified by the Department. The survey shall clearly identify low point elevations and shall extend 100 feet beyond the limits of the project or to the controlling depth contour in the adjoining waterway, whichever boundary leads to the larger survey area.

(d) Survey data shall be plotted on a grid at a minimum scale of 1 inch equals 100 feet with 1-foot contour intervals and spot elevations at a minimum of every 25 feet unless otherwise specified by the Department. The survey shall be referenced to two recoverable horizontal control points.

(e) A bathymetric survey of the project area upon completion of the authorized dredging may be required.

(4) A plan drawing may be required that includes property lines and their bearings, bathymetric survey data, the proposed alignment and bearing of navigation channels or permanent structures that extend into State waters, and horizontal and vertical control points. The plan shall be certified by a registered professional engineer or registered land surveyor unless otherwise specified by the Department.

(5) Provisions for monitoring and enhancing water quality may be required in accordance with applicable water quality standards established by the Department.

C. Design Guideline Requirements.

(1) Dredging of channels, canals, and boat basins shall be designed to provide:

(a) Adequate flushing and elimination of stagnant water pockets; and

(b) A demonstrated public benefit.

(2) Navigational access projects shall when possible be designed to use piers to reach deep waters rather than to use dredging.

(3) Navigational access channels to serve individual or small groups of riparian landowners shall be designed to prevent unnecessary channels. A central access channel with short spur channels shall be considered over separate access channels for each landowner.

(4) Navigational access channels shall be designed to minimize alteration of State or private tidal wetlands. The channel shall provide a minimum width, length, and depth consistent with historic boating use or access.

(5) The channel alignment shall make maximum use of natural or existing channels and bottom contours.

(6) The alignment of the channel shall first avoid and then minimize impacts to shellfish beds, submerged aquatic vegetation, and vegetated tidal wetlands. When feasible, the alignment shall be located the maximum distance feasible from shellfish beds, submerged aquatic vegetation, and other vegetated tidal wetlands.

(7) New Channels.

(a) Channels through uplands, canals, or basins connecting to State waters for navigational access shall be considered only when the:

(i) Applicant is a riparian landowner who demonstrates a need for access to State waters;

(ii) Proposed channel represents the smallest dimensions necessary to connect a basin created from upland, or is a public boat ramp to navigable waters if all other requirements of this subtitle are met; and

(iii) Proposal is the best alternative means of providing reasonable access to navigable waters or no other alternative location exists that would cause less destruction or alteration of tidal wetlands.

(b) New channels shall be designed to comply with Maryland water quality standards and to avoid pockets of stagnant water having inadequate tidal flushing. The channel design shall include provisions for adequate water circulation.

(c) Upland excavation that would open to State waters shall be performed in the dry and the banks shall be stabilized through wetland creation or the placement of stone before a connection to tidal waters is made.

(8) Provisions shall be included in the design for protection of the channel or canal banks against erosion by waves and boat wakes.

(9) Dredging to obtain material for beach nourishment may be approved if an environmental analysis determines there will be no adverse impacts to the environment, and the requirements of Regulation .06 of this chapter are fulfilled.

(10) Dredging for sand, gravel, or fill material may be approved when an environmental analysis determines that there will be no adverse impact on the environment, and no alternative fill material is available.

(11) The use of explosives to create waterfowl potholes or to clear drainage blockages may be approved when an environmental analysis determines no significant impact to the surrounding habitat will occur, and when performed by a licensed expert.

D. Dredging Prohibitions for New Dredging Projects.

(1) A person may not dredge for projects that are non-water-dependent.

(2) A person may not dredge by means of a vessel's propeller.

(3) A person may not dredge in shallow water areas 3 feet or less at mean low water unless:

(a) Historic boat use since January 1, 1972 is documented by:

(i) Photographs showing the presence of a functional pier, boat, or mooring, and a written report from the applicant that describes the types of boats, their draft, and dates of use at the site;

(ii) A navigational chart or a bathymetric survey, certified by a professional engineer or land surveyor licensed under Maryland law, that verifies the water depth;

(iii) National Oceanic and Atmospheric Administration navigation charts;

(iv) State and federal permits and licenses for dredging projects issued since January 1, 1972; or

(v) Other information considered appropriate by the Department;

(b) The proposed channel represents the smallest dimensions necessary to connect a basin created from upland, or a public boat ramp to navigable waters if all other requirements of this subtitle are met;

(c) The proposed channel is necessary for construction of shore erosion control projects as described in COMAR 26.24.04.01 o;

(d) The proposed channel is necessary for construction of navigational improvement projects such as jetties or breakwaters; or

(e) Otherwise determined by the Department.

Md. Code Regs. 26.24.03.02

Regulations .02 were recodified from Regulations .06_.11, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996