Md. Code Regs. 26.23.02.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.23.02.01 - Application Requirements for Regulated Activities

A. A person may not conduct a regulated activity in a nontidal wetland, or within a buffer or expanded buffer, unless the Department has issued a permit or letter of authorization, or the regulated activity is exempt under COMAR 26.23.01.02.A pplications received by the Department after September 30, 1993, to conduct a regulated activity in the Critical Area are subject to the requirements of this subtitle.

B. Application Form.

(1) An application for a nontidal wetland permit or letter of authorization shall include all of the information required in the application form and any additional information required by the Department in §D of this regulation.

(2) The application form shall be a joint federal and State application for regulated activities in nontidal wetlands in Maryland.

(3) The Department shall:

(a) Coordinate with other State, federal, and county governmental agencies to expedite review of associated permits;

(b) Work with the U.S. Army Corps of Engineers in developing a State programmatic general permit for regulated activities in nontidal wetlands;

(c) Coordinate the permit review process under memoranda of understanding with other State agencies.

(4) The application form may be obtained from the following governmental agencies:

(a) Water Management Administration in the Department;

(b)

U. S. Army Corps of Engineers, Baltimore District; or

(c) Any agency designated by each county.

(5) An applicant is encouraged to consult guidance maps prepared by the Department to assist in identifying and locating nontidal wetlands.

(6) The person signing the application form shall be the legal property owner and:

(a) An officer of the corporation, or an authorized agent of a corporation;

(b) A legally authorized official of a federal, State, or local government;

(c) An authorized partner of an association or partnership; or

(d) An individual applicant.

(7) The person who signs an application shall be responsible for the truth, accuracy, and completeness of all information in the application.

(8) An applicant may not submit false or misleading information on the application form, or submit an application without intending to conduct the activity described in the application.

C. An applicant for a permit or letter of authorization shall submit all of the information required in the application form.

D. In addition to the information required in §C of this regulation, an applicant for a permit or letter of authorization may be required to submit one or more of the following items of information for an application to be considered complete and the delineation correct:

(1) A site plan at a scale not less than 1 inch equals 200 feet that includes the following, if applicable:

(a) Nontidal wetland boundary, as marked or flagged in the field, based on a field delineation and in accordance with the Federal Manual, including a buffer and expanded buffer;

(b) Location of existing and proposed structures;

(c) Location of proposed regulated activities;

(d) Property lines of parcels impacted by the regulated activity;

(e) Names of contiguous property owners;

(f) Location of nontidal wetlands of special State concern; and

(g) Location and number of all soil investigations;

(2) A cross section of estimated final elevations after filling, grading, or excavating;

(3) The acreage, function, and type of nontidal wetlands, buffer, and expanded buffer to be affected permanently or temporarily by the regulated activity;

(4) A representative photograph of the affected nontidal wetland;

(5) Data from soil samples which shall be:

(a) Taken to a minimum depth of 20 inches and which include a description of soil colors and textures obtained from borings sufficient to verify hydric or nonhydric conditions;

(b) On transects perpendicular to the nontidal wetlands boundary, starting within the nontidal wetlands area and moving towards the uplands; and

(c) Numbered and accompanied by a soil description indicating the observed or estimated depth to the highest water table during the year;

(6) Data sheets from the Federal Manual identifying and describing hydrology and vegetation along the transects required in §D(5)(b) and (c) of this regulation;

(7) Identification of nontidal wetlands known or believed to have significant plant or wildlife value;

(8) Description of the type and quantity of fill material to be used;

(9) Alternative site information, including a description of available utilities, site access, type of nontidal wetland, and description of potential impacts for each alternative site considered by the applicant;

(10) Map of the geographic boundaries of the general area where the proposed project could be undertaken and still meet the project purpose;

(11) Brief discussion of demographic factors which are critical to the success of the project including census data, statistics, or marketing studies;

(12) Description of water, wastewater, community facilities, schools, transportation, or other public facility requirements of the project;

(13) Evidence of present or future availability of projects with the same or similar public need;

(14) Demonstration of public need, including evidence of a demand for the project in the general area;

(15) An assessment of nontidal wetland, buffer, and expanded buffer functions;

(16) Field survey of animal species or the natural characteristics of the site;

(17) Larger scale or more detailed engineering design plans or maps;

(18) Soil infiltration rates as determined in the field;

(19) Factors considered for avoiding and minimizing losses of nontidal wetlands;

(20) Evidence of an applicant's efforts to accommodate site constraints;

(21) Evidence that the regulated activity will not cause or contribute to a degradation of water quality standards;

(22) Information for fulfilling potential mitigation requirements;

(23) Information about, or status of, any local government approvals or permits.

E. The Department may require the applicant to flag the nontidal wetland boundary in the field in accordance with the Federal Manual, including a buffer and expanded buffer. The applicant shall maintain the boundary flags in place until notified by the Department.

F. Confidential Information.

(1) Except as provided in §F(2) of this regulation, information submitted to the Department under this regulation shall be made available for public inspection and copying.

(2) An applicant may request in writing, at the time of submission of the application, that confidential information submitted as part of an application not be disclosed. The Department shall determine if the information is confidential under State Government Article, § 10-611 et seq., Annotated Code of Maryland, and other applicable law. If the Department denies the applicant's request for nondisclosure, the applicant may withdraw an application or seek review of the Department's determination under applicable law. If the applicant withdraws an application, the Department shall, at the request of the applicant, return any documents designated as confidential.

Md. Code Regs. 26.23.02.01

Regulations .01 amended as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994
Regulations .01 amended as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151);
Regulations .01 amended permanently effective October 24, 1994, (21:21 Md. R. 1813)
Regulations .01 amended and effective November 7, 1994 (21:22 Md. R. 1874)
Regulations .01 were recodified under COMAR 08.05.04 Nontidal Wetlands, June 1996; amended effective 45:12 Md. R. 617, eff. 6/18/2018