§ 5-906. Permit requirements; buffers
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 5-906
§ 5-906. Permit requirements; buffers
(a) The following types of activities shall be exempt from the permit requirements of this section if notice is given to the Department and best management practices are implemented:
(b)(1) After December 31, 1990 a person may not conduct a regulated activity without first obtaining a permit from the Department.
(c) To apply for a permit, the applicant shall submit a delineation of the affected nontidal wetlands and all other information as required by the Department.
(d) Within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and the delineation is correct. If the Department fails to notify the applicant about the application or delineation within 45 days, the delineation shall be treated by the Department as correct and the application shall be treated as complete. The Department may request further information or provide for an extension of this deadline when extenuating circumstances prevent consideration of the application.
(e) After receipt of a complete application, under the procedures of § 5-204(b) through (e) of this title the Department shall issue public notice of an opportunity to submit written comments or to request a hearing. A hearing shall be held within 45 days if requested, unless extenuating circumstances justify an extension of time. The hearing is not a contested case under the State Government Article.
(f) In granting a permit, the Department may impose conditions or limitations required to carry out the provisions of this subtitle.
(g) The Department may require a bond or other instrument to secure compliance with the conditions in the permit.
(h) The Department may issue a temporary emergency permit for a regulated activity if:
(i)(1) By December 31, 1989 the Department shall designate by regulation nontidal wetlands for which the buffer is to be expanded beyond 25 feet, but the total buffer may not exceed 100 feet, to assure adequate protections from adjacent activities or conditions which may adversely affect the nontidal wetland and associated aquatic ecosystem.
(j) The Department shall grant, deny, or condition a permit within 45 days of a public hearing or within 60 days of the receipt of a completed application if no hearing is held. After notifying the applicant, the Department may extend its action beyond these time periods for an additional 30 days for extenuating circumstances.
Credits
Added by Acts 1989, c. 536. Amended by Acts 1990, c. 6, § 2; Acts 1994, c. 739, § 2, eff. Oct. 1, 1994. Renumbered from Natural Resources § 8-1206 by Acts 1995, c. 488, § 1, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995.
MD Code, Environment, § 5-906, MD ENVIR § 5-906
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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