Md. Code Regs. 27.01.03.04

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

Section 27.01.03.04 - General Requirements for the Location of Water-Dependent Facilities or Activities

A. The provisions of this regulation are in addition to the provisions of Regulation .03 of this chapter.

B. In accordance with the provisions of this chapter and in conjunction with, as applicable, the Departments of Agriculture, the Environment, and Natural Resources, and any other appropriate federal or State agency, a local jurisdiction shall develop a plan for the approval of an area as suitable for the location of a new or expanded water-dependent facility or activity.

C. In developing the plan required under §B of this regulation, a local jurisdiction shall document how each of the following siting factors is accorded due consideration:

(1) The impact on the water body upon which the waterdependent facility or activity is proposed that would likely result from the approval of that location, including:

(a) Alteration of an existing water circulation pattern or salinity regime;

(b) Adequacy of area flushing characteristics;

(c) Necessity of, and proximity to, a dredging operation; and

(d) Interference with the natural transport of sand;

(2) Disturbance to:

(a) An oyster harvest area, as defined in COMAR 08.02.04.11;

(b) An area covered in a current aquaculture lease, as defined in Natural Resources Article, § 4-11A-01, Annotated Code of Maryland;

(c) A harvest reserve area, as designated under Natural Resources Article, § 4-1009.1, Annotated Code of Maryland;

(d) An oyster sanctuary, as established in COMAR 08.02.04.15A; and

(e) Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;

(3) Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and

(4) The avoidance or, if unavoidable, the minimization of:

(a) Disturbance to:

(i) A wetland;

(ii) Submerged aquatic vegetation;

(iii) A habitat of threatened or endangered species or species in need of conservation;

(iv) In accordance with COMAR 26.08.02.04-1, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed; and

(v) A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04 and COMAR 26.23.06.01; and

(b) Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source runoff, sewage discharge, or other pollution related to vessel maintenance.

Md. Code Regs. 27.01.03.04

Amended effective 49:3 Md. R. 139, eff. 2/7/2022