Md. Code Regs. 27.01.09.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 27.01.09.05 - Anadromous Fish Propagation Waters

A. Definition. "Anadromous fish propagation waters" means those streams that are tributary to the Chesapeake Bay where spawning of anadromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are designated by the Tidewater Administration. For purposes of this regulation, "streams" refers to designated anadromous fish propagation waters within the Critical Area.

B. Policies. In developing their Critical Area programs, local jurisdictions shall use the following policies with regard to anadromous fish:

(1) Protect the instream and streambank habitat of anadromous fish propagation waters;

(2) Promote land use policies and practices in the watershed of spawning streams within the Critical Area which will minimize the adverse impacts of development on the water quality of the streams; and

(3) Provide for the unobstructed movement of spawning and larval forms of anadromous fish in streams.

C. Criteria.

(1) In developing their Critical Area programs, local jurisdictions shall use all of the following criteria:

(a) The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved.

(b) Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited.

(c) Local jurisdictions shall develop policies and programs for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning steams. These policies and programs shall address at least the following objectives:

(i) Minimize development activities or other land disturbances in the watershed;

(ii) Maintain or, if practicable, improve water quality in streams;

(iii) Minimize, to the extent possible, the discharge of sediments into streams; and

(iv) Maintain or, if practicable, increase the natural vegetation of the watershed.

(d) Local jurisdictions are encouraged to adopt land-use policies and programs in watersheds outside the Critical Area to minimize the impacts of any activities on anadromous fish spawning streams.

(2) In developing their Critical Area programs, local jurisdictions shall use all of the following complementary State laws and regulations:

(a) The construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited. If practical, the removal of existing barriers shall be effected (COMAR 08.05.03.05A).

(b) Local jurisdictions shall assure that the construction, repair, or maintenance activities associated with bridges or other stream crossings or with utilities and roads, which involve disturbance within the Buffer or which occur instream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and May 15.

Md. Code Regs. 27.01.09.05