§ 5-909. Avoidance and mitigation; compensation fund
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Environment, § 5-909
§ 5-909. Avoidance and mitigation; compensation fund
(a) An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department's satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices.
(b)(1) By December 31, 1989 the Department, consistent with the goals established in § 5-902 of this subtitle, shall adopt by regulation standards and procedures for the mitigation of nontidal wetlands losses, including practices for nontidal wetland creation, restoration, enhancement, or monetary compensation.
(c)(1) There is a Nontidal Wetland Compensation Fund in the Department.
(5) At the end of the fiscal year, the Department shall prepare an annual report on the Nontidal Wetland Compensation Fund that includes an accounting of all financial receipts and expenditures to and from the Fund and shall provide a copy of the report to the General Assembly, as provided under § 2-1257 of the State Government Article.
Credits
Added by Acts 1989, c. 536. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 55, § 1; Acts 1993, c. 347, § 2. Renumbered from Natural Resources § 8-1209 by Acts 1995, c. 488, § 1, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 2019, c. 510, § 4, eff. July 1, 2019; Acts 2019, c. 511, § 4, eff. July 1, 2019.
MD Code, Environment, § 5-909, MD ENVIR § 5-909
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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