Md. Code Regs. 26.23.02.07

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

Section 26.23.02.07 - Permit Modifications

A. The Department may require modification of a nontidal wetland permit to ensure compliance with this subtitle.

B. The Department may make modifications to a permit:

(1) Upon written request by the permittee; or

(2) When the rights of the permittee under the permit have not vested, and the Department:

(a) Receives new, relevant information; or

(b) Has amended the regulation under which the permit was issued.

C. Requests by Permittee for Modification.

(1) A permittee may apply for a modification of an unexpired permit by submitting a written request to the Department.

(2) A request for a permit modification shall contain the following:

(a) Description of the requested modification;

(b) Statement of the reasons and need for the requested modification; and

(c) Statement of the impact of the modification to nontidal wetlands.

(3) An applicant shall provide additional information requested by the Department.

(4) Within 30 days of receiving a request for permit modification, or of receiving additional information, if any, the Department shall notify the permittee if the modification is major or minor and of its decision to grant, deny, or condition the request.

(5) Within 15 days of receipt of notification, a permittee may request a contested case hearing on a complete or partial denial of a request to modify a permit. The hearing shall be conducted in conformance with the Administrative Procedure Act and COMAR 26.01.02.

(6) A permittee may be required to submit a new permit application for major modifications.

D. Minor Modifications.

(1) Minor modifications are changes to the original permit which do not constitute a significant departure from its terms and conditions, including:

(a) Correction of typographical errors;

(b) Changes in frequency of monitoring by the permittee;

(c) Changes of land ownership or permittee;

(d) Extension or reduction of the term of the permit;

(e) Minor field modifications, including substitution of comparable materials, structural realignments, and sediment and erosion control corrections; and

(f) Relocation of the regulated activity at the permit site where the adverse impact is equal to or smaller than originally authorized.

(2) The Department may make minor modifications without public notice or review.

E. Major Modifications.

(1) Major modifications are changes to the original permit which constitute a significant departure from its terms and conditions, including changes in the scope of the project which result in a greater adverse impact to nontidal wetlands than originally authorized.

(2) Major modifications are subject to the public notice and hearing procedures required for permit applications under Regulation .02 of this chapter.

F. Notice to Permittee of Required Modifications.

(1) The Department shall notify a permittee, in writing, if a modification to a permit is required under §B(2) of this regulation.

(2) Within 15 days of receipt of notification, a permittee may request a contested case hearing on the modification. The hearing shall be conducted in conformance with the Administrative Procedure Act and COMAR 08.01.04.

Md. Code Regs. 26.23.02.07

Regulations .07 were recodified under COMAR 08.05.04 Nontidal Wetlands, June 1996