Md. Code Regs. 23.02.04.10

Current through Register Vol. 51, No. 10, May 17, 2024

Section 23.02.04.10 - Terms and Conditions

A. All conditions take effect upon license issuance, unless specifically stated otherwise.

B. Standard Conditions.

(1) A State tidal wetlands license shall carry standard conditions.

(2) The Board shall approve a template for licenses, including standard terms and conditions, and publish the template on its website.

(3) The Department and the Administrator may recommend to the Board revisions to the license template.

C. Special Conditions.

(1) The Department or the Administrator may recommend to the Board special conditions, or other amendments to the license template, for inclusion in a specific State tidal wetlands license.

(2) Examples of issues that may warrant special conditions include:

(a) Marina facility;

(b) Trenchless technology;

(c) Maintenance dredging; and

(d) Cultural resources.

(3) Examples of special conditions include:

(a) Mitigation in accordance with Regulation .11 of this chapter;

(b) Compensation in accordance with Regulation .12 of this chapter;

(c) Water Quality Certification in compliance with COMAR 26.24.04;

(d) Soil Erosion and Sediment Control plans as required and approved by the Department, applicable soil conservation district, or other approving authority; and

(e) Time of year restrictions requiring that a licensed structure be constructed or activity be performed only during certain time periods to assure protection of fish spawning and nursery habitat, shellfish habitat, submerged aquatic vegetation, or historic waterfowl staging and concentration areas, or to avoid public recreational conflicts.

Md. Code Regs. 23.02.04.10

Regulation .10 adopted effective 48:13 Md. R. 510, eff. 6/28/2021