Md. Code Regs. 26.08.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.08.02.02 - Designated Uses

A. General.

(1) The determination of the designated use of a water body shall include consideration of the following factors:

(a) Existing conditions; and

(b) Potential uses which may be made possible by anticipated improvements in water quality.

(2) The actual uses of surface water are not limited to those designated in this chapter. Any reasonable and lawful use is permitted provided that the surface water quality is not adversely affected by the use.

B. Specific Designated Use Classes.

(1) Class I: Water Contact Recreation, and Protection of Nontidal Warmwater Aquatic Life. This class designation includes waters that are suitable for:

(a) Water contact sports;

(b) Play and leisure time activities where individuals may come in direct contact with the surface water;

(c) Fishing;

(d) The growth and propagation of fish (other than trout), other aquatic life, and wildlife;

(e) Agricultural water supply; and

(f) Industrial water supply.

(2) Class I-P: Water Contact Recreation, Protection of Aquatic Life, and Public Water Supply. This class designation includes:

(a) All uses identified for Class I; and

(b) Use as a public water supply.

(3) Class II: Support of Estuarine and Marine Aquatic Life and Shellfish Harvesting. This class designation includes all applicable uses identified for Class I in:

(a) All tidally influenced waters of the Chesapeake Bay and tributaries, the Coastal Bays, and the Atlantic Ocean to the 3-nautical-mile boundary; and

(b) Tidally influenced waters that are or have the potential for:

(i) Shellfish propagation and storage, or harvest for marketing purposes; and

(ii) Actual or potential areas for the harvesting of oysters, soft-shell clams, hard-shell clams, and brackish water clams.

(4) Class II-P: Tidal Fresh Water Estuary. This class designation includes:

(a) All uses identified for Class II waters; and

(b) Use as a public water supply.

(5) Class III: Nontidal Cold Water. This class designation includes all uses identified for Class I and waters which have the potential for or are suitable for the growth and propagation of self-sustaining trout populations and other coldwater obligate species including, but not limited to the stoneflies tallaperla and sweltsa.

(6) Class III-P: Nontidal Cold Water and Public Water Supply. This class designation includes:

(a) All uses identified for Class III waters; and

(b) Use as a public water supply.

(7) Class IV: Recreational Trout Waters. This class designation includes all uses identified for Class I in cold or warm waters that have the potential for or are:

(a) Capable of holding or supporting adult trout for put-and-take fishing; and

(b) Managed as a special fishery by periodic stocking and seasonal catching.

(8) Class IV-P: Recreational Trout Waters and Public Water Supply. This class designation includes:

(a) All uses identified for Class IV waters; and

(b) Use as a public water supply.

Md. Code Regs. 26.08.02.02

Regulations .02 effective July 28, 1978 (5:15 Md. R. 1187)
Regulation .02B amended effective May 1, 1989 (16:8 Md. R. 911); October 30, 1989 (16:21 Md. R. 2263)
Regulation .02A amended effective April 26, 2001 (28:2 Md. R. 101)
Regulation .02B amended effective August 29, 2005 (32:17 Md. R. 1440); April 19, 2010 (37:8 Md. R. 619);41:8 Md. R. 474, eff. 4/28/2014