Md. Code Regs. 26.24.02.03

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

Section 26.24.02.03 - Criteria for Evaluating Tidal Wetlands License or Permit Applications

A. Evaluation Criteria.

(1) The criteria in this regulation are presented to assist in preparing an application and to provide a consistent basis for recommendations and decisions for licenses or permits.

(2) As the basis for a recommendation or final decision, including approval, denial, suspension, or modification of a license or permit, the Department shall take into account ecological, economic, developmental, recreational, and aesthetic values of tidal wetlands in order to preserve tidal wetlands and prevent their despoliation and loss.

(3) When reviewing an application for a license, the Department considers the proprietary interests of the Board over State tidal wetlands.

B. Application Evaluation. In evaluating an application, the Department shall consider the degree to which:

(1) Dredging and filling activities can be avoided or minimized;

(2) The proposed activity is water-dependent;

(3) The proposed activity will alter or destroy tidal wetlands, including a determination of how the proposed project will:

(a) Destroy or adversely affect the value of the tidal wetlands as a source of nutrients or habitat for finfish, crustaceans, mollusks, or wildlife of significant economic or ecologic value,

(b) Affect potential habitat areas such as historic spawning and nursery grounds for anadromous and semianadromous fisheries species and shallow water areas suitable to support populations of submerged aquatic vegetation,

(c) Eliminate or substantially reduce marine commerce, recreation, and aesthetic enjoyment,

(d) Affect the natural ability of tidal wetlands to reduce flood damage and adversely affect the public health and welfare, and

(e) Substantially reduce the capacity of tidal wetlands to trap sediment, and result in increased silting of channel and harbor areas to the detriment of free navigation;

(4) The proposed activity would alter natural water flow, water temperature, water quality, and natural tidal circulation regimes;

(5) The proposed activity would alter littoral drift;

(6) The proposed activity enhances the aquatic environment;

(7) The proposed activity would impact local, regional, and State economic conditions;

(8) The proposed activity is consistent with State, federal, and local land use plans and laws, including Critical Area laws;

(9) Alternatives for the disposal of dredged material have been explored;

(10) The natural, scenic, historic property, and aesthetic values can be retained or enhanced;

(11) The proposed activity provides facilities for the proper handling of storm water runoff and sanitary wastes;

(12) Danger may arise because of the location of proposed structures from hurricanes, floods, sea level rise, or other determinable and periodically recurring natural hazards;

(13) Navigational safety is affected;

(14) The activity benefits the public, if applicable;

(15) Shore erosion is controlled;

(16) Maintenance and operation of the proposed project is assured;

(17) Recreational and navigational access to beaches and waters of the State is provided;

(18) The proposed activity would alter the scenic and wild qualities of a designated State scenic and wild river; and

(19) The proposed activity would impact historic waterfowl staging areas and colonial bird-nesting sites.

Md. Code Regs. 26.24.02.03

Regulations .03 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996