Md. Code Regs. 26.24.03.06

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

Section 26.24.03.06 - Filling

A. In addition to the requirements of COMAR 26.24.02.02 o, an applicant proposing to fill State or private tidal wetlands for purposes other than shore erosion control as described in COMAR 26.24.04.01 o shall submit an 8-1/2-inch by 11-inch site plan drawn to a minimum scale of 1 inch equals 100 feet depicting the following information:

(1) Fill location referenced to existing landmarks;

(2) Location of pilings and associated structures;

(3) Existing topography and bathymetry that is referenced to mean low water;

(4) Property lines;

(5) Land use features;

(6) Type of fill;

(7) Surface water bodies including swales;

(8) Location of all tidal and nontidal wetlands;

(9) Mean high water line;

(10) Utilities; and

(11) A vicinity map that identifies the surrounding land areas and water bodies in the vicinity of the project.

B. 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 following information:

(1) An alternatives analysis of the proposed project, including the "no action" and other alternatives that avoid and minimize adverse impacts on tidal wetlands, with the analysis including an evaluation of alternatives that have the least impact on public safety, adjoining properties, and the aquatic environment;

(2) An estimation of the public and private benefits from the project;

(3) Additional site plan information, including;

(a) Location of any submerged aquatic vegetation;

(b) Location of shellfish beds;

(c) Limits of critical area buffer as defined in COMAR 27.01.09.01 o;

(d) Other significant ecological or historical features; and

(e) Location of all subsurface borings or other tests associated with any feasibility report prepared for the project;

(4) Predicted impacts of the fill on tidal wetlands, water quality, and aquatic habitat, including leaching or dispersion of pollutants;

(5) Methods to protect surface water and ground water from pollution;

(6) A statistical comparison between existing beach sediments and the proposed borrow material for beach nourishment and marsh creation projects;

(7) Storm drain plans, details, and supporting documentation, reports, and design calculations;

(8) Methods to control upland runoff; and

(9) Methods to ensure that the fill does not adversely affect water quality during and after construction.

C. Reclamation of Lost Upland. Projects designed to reclaim lost upland by filling shall meet the following requirements:

(1) A person who is the owner of land bounding on tidal water is entitled to reclaim upland lost by erosion or avulsion during the person's ownership of the land to the extent of provable boundaries;

(2) The right to reclaim lost upland relates only to upland lost after January 1, 1972; and

(3) The burden of proof that the loss of upland occurred after January 1, 1972 is the responsibility of the owner of the land, and the riparian property owner may demonstrate the loss of upland through the use of historical photographs and land survey data.

D. Beach Nourishment. Beach nourishment projects shall meet the following requirements:

(1) The fill material grain size shall be equal to or greater in grain size and character to the existing beach material, or determined otherwise to be compatible with existing site conditions and acceptable to the Department;

(2) The fill material shall be relatively free of organic material, floating debris, or other objects;

(3) Silt and clay fills that change the sandy nature of the existing beach materials are not acceptable;

(4) Gravel fill may be acceptable, if particle sizes are equal to or greater than the existing beach materials; and

(5) Fill material shall be placed above the mean high water line before final grading to achieve the desired beach profile, unless site conditions prohibit the placement of fill material above the mean high water line and specific measures are designed to prevent material from washing away from the site.

E. Storm Drain Projects.

(1) Exemptions. The following storm drain projects are exempt from the design guidelines of §E(2) of this regulation:

(a) The extension of storm drains which directly discharge into tidal wetlands through new or replacement shore erosion control structures; and

(b) Storm drain projects which manage runoff from an individual lot with one dwelling.

(2) Design Guidelines Requirements.

(a) New storm drain systems shall be designed to manage the rate of runoff and improve water quality. At a minimum, a 10 percent improvement in water quality shall be achieved.

(b) Storm drain systems shall:

(i) Comply with applicable State or local design standards;

(ii) Be designed to follow natural drainage patterns and incorporate swales, filter strips, and sediment traps wherever feasible; and

(iii) Include measures to prevent scouring from increased water velocities at their outlet.

(c) The licensee or permittee is responsible for the removal of any sediment deposited in the waters of the State as a result of the construction of an approved storm drain system or on-site grading and development activities.

(d) The licensee or permittee shall submit a preconstruction depth survey of any tidal wetlands within the project vicinity for approval by the Department before construction. The survey shall be referenced to mean low water at a fixed benchmark on the adjoining land, or an adjoining structure such as a bulkhead.

(e) The licensee or permittee shall submit a post-construction depth survey for review and verification by the Administration at any time after construction has begun, if required by the Administration. The survey shall be referenced to the same benchmark and elevation used for determining preconstruction depths.

Md. Code Regs. 26.24.03.06

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