Md. Code Regs. 26.23.02.02

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

Section 26.23.02.02 - Application Processing Procedures for the Department

A. The Department shall acknowledge receipt of the application in writing, by regular mail, and assign the application a processing number. An applicant shall use the application processing number when making inquiries concerning the application.

B. The Department shall notify an applicant in writing within 45 days of receipt of an application whether the application is complete and the delineation correct.

C. The Department shall consider an application complete if:

(1) It contains all of the information required in Regulation .01C of this chapter and requested in Regulation .01D of this chapter; and

(2) The Department determines that all the information submitted is sufficient for the Department to process the application.

D. The following apply to the Department's determination whether the application is complete and the delineation correct:

(1) If the information submitted is insufficient for the Department to make either determination, the Department shall notify the applicant in writing of any items of additional information listed in Regulation .01D of this chapter that will be required.

(2) If the information submitted is so insufficient that the Department is unable to make an initial completeness determination, the Department shall return the application and may not review the delineation, if one is submitted.

E. If the Department fails to notify an applicant within 45 days of receipt of the application, the application shall be considered complete and the delineation correct.

F. The Department, upon written notice to the applicant, may extend the 45-day time period when the following extenuating circumstances prevent consideration of the application:

(1) Inclement weather conditions;

(2) Review required by federal agencies; or

(3) Review required by other State agencies, or local government agency.

G. Public Notice.

(1) After the Department has determined that an application is complete, and the delineation is correct, the Department shall issue, at the applicant's expense, a public notice of an opportunity to submit written comments or to request a public informational hearing about the application. Public notice may not be required for activities that qualify for a letter of authorization under COMAR 26.23.03.

(2) The public notice shall contain:

(a) The name and address of the applicant;

(b) A description of the nature and location of the proposed activity and mitigation plan, if applicable;

(c) Instructions for submission of written comments, requests for a public hearing, and requests to be included on the interested persons list;

(d) The expiration date for the opportunity to comment or to request a public informational hearing;

(e) A statement that any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons list;

(f) The name, address, and telephone number of a person in the Department from which information about the application may be obtained; and

(g) A reference to the applicable statute or regulations governing the application process.

(3) The public notice may be given by:

(a) Joint notice with other federal, State, or county agencies;

(b) Joint notice with other units or programs within the Department;

(c) Selected mailing to federal, State, county, or municipal authorities and other persons on the interested persons list;

(d) Publication for at least 1 business day in a daily newspaper distributed in one or more counties which the Department determines may be directly affected by the proposed activity or, if there is no local daily newspaper, in a newspaper of general circulation in that county; or

(e) Publication in the Maryland Register under State Government Article, § 7-214, Annotated Code of Maryland.

H. Public Informational Hearing.

(1) Any interested person may request in writing a public informational hearing.

(2) If requested, a public informational hearing shall be held on a permit application within 45 days of the expiration date specified in the public notice. After setting the date, time, and place for the hearing, the Department shall mail a hearing notice only to those persons on the interested persons list.

(3) The Department may extend the time period for the public informational hearing for the following extenuating circumstances:

(a) Circumstances listed in §F of this regulation;

(b) A request by an applicant; or

(c) A Department request for individual permit review under COMAR 26.23.01.03 a C.

(4) The Director may delegate all or part of the Director's authority to hold a public informational hearing to any employee of the Department, or a county delegated authority under COMAR 26.23.01.03 a. The employee authorized to conduct the public informational hearing shall be designated as the presiding official.

(5) An applicant and any interested person shall be given an opportunity at the public informational hearing to present facts and make statements for or against granting the permit. Questions may be asked of, and directed to, the presiding official, but cross-examination may not be conducted. The hearing is not a contested case hearing under the Administrative Procedure Act.

(6) The presiding official may determine the order of presentation of comments and questions at the public informational hearing. The public informational hearing may be conducted in the following order:

(a) Introduction by the Department;

(b) Presentation of proposed project by the applicant;

(c) Comments and questions by public officials;

(d) Comments and questions by other persons; and

(e) Closing of the public informational hearing by the presiding official.

(7) The presiding official has the authority and duty to:

(a) Conduct a full and fair public informational hearing;

(b) Act to avoid unnecessary delay, and to maintain order; and

(c) Regulate the course of the public informational hearing and the conduct of the participants.

(8) The presiding official shall prepare an official record of the public informational hearing.

(9) A tape recording or stenographic notes of the public informational hearing, if any, may not be transcribed unless the Department, the applicant, or a participant in the public informational hearing requests a transcript. Costs of transcription shall be paid by the person requesting the transcript.

I. In calculating any time period provided for in this subtitle, if the last day falling within the time period falls on a Saturday, Sunday, or a State holiday, the time period will be extended until the close of business on the next normal business day.

J. Letters of Authorization.

(1) Within 21 days of the Department's determination that the application is complete and the delineation correct, the Department shall notify the applicant in writing whether the activity qualifies for a letter of authorization and, if so, what best management practices, if any, will be required.

(2) The letter of authorization is void if the information submitted is later shown to have been false, misleading, or inaccurate, and the Department shall pursue any appropriate enforcement action under COMAR 26.23.01.05 as to any activities that have been undertaken under the void letter of authorization.

(3) If the Department determines that the proposed activity does not qualify for a letter of authorization, it shall notify the applicant of the need to apply for a permit under Regulation .01 of this chapter.

(4) The Department shall specify in the letter of authorization the time period for which it is valid.

(5) If an applicant applies for both a letter of authorization and a permit, the Department may withhold its decision on the letter of authorization pending a final permit decision.

K. Interested Persons List. Upon written request, the Department may add additional names to the interested persons list. Those wishing to have their names placed on the interested persons list may send a written request to the Water Management Administration, Nontidal Wetlands and Waterways Division.

Md. Code Regs. 26.23.02.02

Regulations .02 amended as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994
Regulations .02 amended as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151);
Regulations .02 amended permanently effective October 24, 1994, (21:21 Md. R. 1813)
Regulations .02 were recodified, under COMAR 08.05.04 Nontidal Wetlands, June 1996; amended effective 45:12 Md. R. 617, eff. 6/18/2018