§ 16-202. License for dredging or filling
West's Annotated Code of MarylandEnvironmentEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Environment, § 16-202
§ 16-202. License for dredging or filling
(b) To apply for a license, the applicant shall submit a delineation of the affected tidal wetlands and all other information required by the Department.
(c)(1) Subject to paragraph (3) of this subsection, within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and whether the delineation is correct.
(d)(1) Subject to paragraph (2) of this subsection, once the application is complete in accordance with subsection (c) of this section, the Department shall grant, deny, or condition a license within 45 days if:
(e)(1) Once the application is complete under subsection (c) of this section, the Department shall issue public notice of an opportunity to submit written comments or to request a hearing in accordance with § 5-204(b) through (e) of this article.
(f) The Secretary shall assist the Board in determining whether to issue a license to dredge or fill State wetlands. The Secretary shall submit a report indicating whether the license should be granted and, if so, the terms, conditions, and consideration required after consultation with any interested federal, State, and local unit, and after issuing public notice, holding any requested hearing, and taking any evidence the Secretary thinks advisable.
(g)(1) Upon receipt of a report by the Secretary, the Board shall decide if issuance of the license is in the best interest of the State, taking into account the varying ecological, economic, developmental, recreational, and aesthetic values each application presents. If the Board decides to issue the license, the issuance of the license shall be for consideration and on terms and conditions the Board determines. Every license shall be in writing.
(2) With respect to an application for a license to fill or construct a shore erosion control structure other than riprap on State wetlands, the Board may issue the license without public notice if the fill area is less than 300 feet in length parallel to the fast land as close to the fast land as structurally feasible but not more than 10 feet channelward of the mean high water line and if after a site visit the report of the Secretary recommends that the license be granted. The Board may issue a license without public notice where an emergency exists caused by act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice. However, the license may be granted by the Board only with the concurrence of the Secretary. The Secretary shall provide prompt public notice of the emergency license issuance and the opportunity to submit written comments or to request a hearing to determine whether the emergency license shall be revoked or made permanent. If a hearing is requested, the hearing shall be scheduled within 30 days of the emergency issuance of the license.
(ii) To repair or replace a bulkhead for the purpose of shore erosion control where the bulkhead is presently functional, but is deteriorating or damaged, provided that the repair or replacement structure does not extend more than 18 inches channelward of the existing structure. Repair or replacement may include riprap placed along the base of the bulkhead, provided that the riprap shall not extend more than 10 feet channelward of the bulkhead;
(h) The provisions of this section do not apply to any operation for:
(6) Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4-11A-23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.
(i)(1) The Board may not approve a license or an amendment to a license authorizing the dredge material deposited in the Hart-Miller Island Dredged Material Containment Facility to exceed an elevation of:
Credits
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1974, c. 856; Acts 1978, c. 827; Acts 1978, c. 852; Acts 1981, c. 481; Acts 1983, c. 380; Acts 1984, c. 255; Acts 1987, c. 388; Acts 1988, c. 6, § 1; Acts 1989, c. 691, § 1; Acts 1990, c. 6, § 2; Acts 1991, c. 55, § 1. Renumbered from Natural Resources § 9-202 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts, 1997, c. 573, § 1, eff. July 1, 1997; Acts 1997, c. 574, § 1, eff. July 1, 1997; Acts 2004, c. 505, § 1, eff. Oct. 1, 2004; Acts 2009, c. 173, § 1, eff. June 1, 2009; Acts 2009, c. 174, § 1, eff. June 1, 2009; Acts 2009, c. 650, § 2, eff. Jan. 1, 2010; Acts 2009, c. 651, § 2, eff. Jan. 1, 2010; Acts 2010, c. 286, § 1, eff. Oct. 1, 2010; Acts 2011, c. 411, § 3, eff. July 1, 2011; Acts 2019, c. 236, § 1, eff. Oct. 1, 2019; Acts 2019, c. 237, § 1, eff. Oct. 1, 2019.
Formerly Art. 66C, § 721.
MD Code, Environment, § 16-202, MD ENVIR § 16-202
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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