Md. Code Regs. 26.24.02.07

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.24.02.07 - License or Permit Modifications or Extensions

A. Requests for License or Permit Modifications.

(1) Upon written request for a license or permit modification, the Department shall determine if the modification is major or minor.

(2) Minor modifications to a license may be recommended to the Board or made to a permit by the Department if the modification involves:

(a) A change in land ownership;

(b) A reduction in the scope of the originally authorized work;

(c) Revisions to the project plans or specifications that would otherwise be approved; or

(d) Structures, activities, or the conditions of a license or permit which require modification to correct adverse environmental impacts.

(3) Major modifications to a license or permit require a new application as described in Regulation .02 of this chapter.

B. Requests for Construction Period Extensions.

(1) The Department may not extend the construction period for maintenance dredging projects.

(2) The construction period of a tidal wetlands license or permit may be extended for a valid reason. Only one extension for construction authorized under a license or permit may be granted. An extension shall be for a period up to 3 years. A request for extension shall be made in writing to the Department and shall include the following:

(a) The reason the project could not be completed within the construction period in the original license or permit;

(b) Revised schedule for start and completion of construction;

(c) Assurances that all other State, federal, and local approvals have not expired or have been authorized;

(d) Evidence of a substantial effort made to construct the authorized works within the construction period specified in the license or permit;

(e) Evidence that the project is to be constructed in phases over a number of years; or

(f) Evidence of undue hardship due to circumstances beyond the applicant's control.

C. Requests for Reinstatements. A wetlands license or permit that has expired may not be reinstated and requires a new application as described in Regulation .02 of this chapter.

D. Modifications. If the Department determines that a modification to a project is necessary, the Department may revise a permit or request a revision of the license by the Board. If conditions are revealed which will not permit safe construction, the license or permit may be suspended or revoked in accordance with COMAR 26.24.01.06 o.

Md. Code Regs. 26.24.02.07

Regulations .07 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996