Md. Code Regs. 26.23.03.02

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

Section 26.23.03.02 - Best Management Practices for Letters of Authorization

A. If a letter of authorization is granted, the Department may require an applicant to comply with best management practices, including one or more of the following:

(1) Conduct the regulated activity so as not to harm a threatened or endangered species, or species in need of conservation, or alter or impair the critical habitat of these species;

(2) Properly maintain the structure or fill;

(3) Design the project to first avoid and then minimize any adverse impacts to the nontidal wetlands' existing topography, vegetation, fish and wildlife resources, and hydrologic conditions;

(4) Conduct the regulated activity so as not to restrict or impede the:

(a) Movement of wildlife indigenous to the nontidal wetlands or adjacent water, or

(b) Passage of normal or expected high water flows;

(5) Adhere to time-of-year restrictions as required by the Department under COMAR 26.08.02;

(6) Avoid any disturbances in breeding areas for migratory waterfowl;

(7) Maintain the hydrologic regime of the nontidal wetlands upstream, downstream, or adjacent to the exempted activity;

(8) Remove excess fill or construction material or debris to an upland disposal area;

(9) Place materials in a location and manner which does not adversely impact surface or subsurface water flow into or out of the nontidal wetland;

(10) If backfill is obtained from sources other than the originally excavated material, use clean material free of waste metal products, unsightly debris, toxic material, or any other deleterious substance;

(11) Place heavy equipment on mats or suitably design the equipment to prevent damage to the nontidal wetlands;

(12) Repair and maintain any serviceable structures or fills so as not to result in a substantial deviation from the plans or specifications or the original structure or fill, although minor deviations due to changes in materials or construction techniques, and which are necessary for repair and maintenance, are permitted;

(13) Rectify any nontidal wetlands temporarily impacted by any proposed repair and maintenance activity;

(14) Repair and maintain any serviceable structure or fill so there is no permanent loss of nontidal wetlands in excess of nontidal wetlands lost under the original construction or fill;

(15) Conduct the activity so as not to cause or contribute to a degradation of water quality as determined by the Department;

(16) For installation of utility lines, make postconstruction grades and elevations of nontidal wetlands the same as the original grades and elevations.

B. A proposed activity does not qualify for a letter of authorization if the Department determines that the activity:

(1) Does not qualify under Regulation .01 of this chapter;

(2) May result in significant individual or cumulative impacts to nontidal wetlands, attributable to an entire and complete project; or

(3) Does not comply with the best management practices in this regulation.

C. Activities of a Similar Nature.

(1) Applicants proposing to conduct repeated regional or Statewide activities of a similar nature that may qualify for a letter of authorization may submit a single application to the Department.

(2) The Department may issue a single letter of authorization for these activities in §C(1) of this regulation.

(3) Activities may include:

(a) Structural repair and maintenance; or

(b) Work within rights-of-way.

Md. Code Regs. 26.23.03.02

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 effective October 24, 1994, (21:21 Md. R. 1813)
Regulations .02 were recodified from Regulations .09 and .10, respectively, under COMAR 08.05.04 Nontidal Wetlands, June 1996
Regulation .02C amended as an emergency provision effective October 22, 1996 (23:23 Md. R. 1552); emergency status expired April 22, 1997; amended effective 45:12 Md. R. 617, eff. 6/18/2018