§ 5-905. Approval and mitigation requirements
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 5-905
§ 5-905. Approval and mitigation requirements
(a) The following agricultural and forestry activities are exempt from the approval and mitigation requirements of this section:
(2) Agricultural and forestry activities, including the repair and maintenance of farm ponds, drainage ditches, channels, subsurface drains, causeways, bridges, or water control structures, provided that they do not drain, dredge, fill, or convert nontidal wetlands on which agricultural and forestry activities are not presently conducted;
(b)(1) After December 31, 1990 agricultural activities conducted in nontidal wetlands that are not exempted under subsection (a) of this section require the soil conservation district to approve a soil conservation and water quality plan that contains best management practices to protect nontidal wetlands in compliance with regulations adopted by the Department in consultation with the Department of Agriculture.
(c) After December 31, 1990 if an agricultural activity that is not exempted under subsection (a) of this section results in a loss of nontidal wetlands, the Department shall require that a soil conservation and water quality plan include mitigation for the loss within 3 years. Mitigation may include creation or restoration of nontidal wetlands or monetary compensation. In determining the extent of mitigation, the Department shall consider the benefits provided by best management practices. If the State Department of Agriculture determines in writing that mitigation will create an economic hardship that would jeopardize the continued operation of the farm, mitigation may be deferred until:
Credits
Added by Acts 1989, c. 536. Amended by Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 8-1205 by Acts 1995, c. 488, § 1, eff. July 1, 1995. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.
MD Code, Environment, § 5-905, MD ENVIR § 5-905
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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