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§ 5-904. Delegation of authority

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 5. Water Resources (Refs & Annos)
Subtitle 9. Nontidal Wetlands (Refs & Annos)
MD Code, Environment, § 5-904
§ 5-904. Delegation of authority
Currentness
Delegation
(a)(1) The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department.
(2)(i) After December 31, 1994, the Department may delegate all or part of its authority under this subtitle to a county that applies to the Department to initiate a nontidal wetland protection program and meets at least the minimum standards adopted by the Department.
(ii) The Department shall establish a schedule for acceptance of applications from counties to initiate programs under this paragraph that provides a limited period of time once every 2 years for counties to submit their applications to the Department.
(3) A delegation in accordance with this subsection:
(i) May not be effective for more than 2 years; and
(ii) May be renewed by the Department for additional 2-year periods.
(4) After an opportunity for a hearing and upon a finding that the county program is not being administered in a manner consistent with the standards adopted by the Department, the Department may withdraw program delegation.
Applicability of subtitle to regulated activity by unit of State government
(b) Any regulated activity undertaken by a unit of State government shall comply with the provisions of this subtitle, including the provisions of this subtitle requiring the issuance of a nontidal wetland permit by the Department. The unit is not required to have local government approval.

Credits

Added by Acts 1989, c. 536. Amended by Acts 1990, c. 6, § 2; Acts 1991, c. 198. Renumbered from Natural Resources § 8-1204 by Acts 1995, c. 488, § 1, eff. July 1, 1995.
MD Code, Environment, § 5-904, MD ENVIR § 5-904
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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