Md. Code Regs. 27.01.09.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 27.01.09.05 - [Effective 1/20/2025] Anadromous Fish Propagation Waters

A. Definitions. In this regulation, the following terms have the meanings indicated:

(1) "Anadromous fish propagation waters" means a tributary stream of the Chesapeake Bay or the Atlantic Coastal Bays that has been designated by the Department of Natural Resources as waters in which the spawning of an anadromous species occurs or has occurred.

(2) "Stream" means anadromous fish propagation waters in the Critical Area that have been designated by the Department of Natural Resources.

B. Policies. In developing and updating its Critical Area program, a local jurisdiction shall use all of 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 and updating its Critical Area program, a local jurisdiction 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) A local jurisdiction 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 streams. These policies and programs shall address at least the following objectives:

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

(ii) Improve or, if improvement is not possible, maintain water quality and habitat in streams;

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

(iv) Increase or, if an increase is not possible, maintain the natural vegetation of the watershed; and

(d) Each local jurisdiction is 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 and updating its Critical Area program, a local jurisdiction shall use all of the following complementary State statutes and regulations:

(a) Environment Article, Title 5, Subtitle 5, Annotated Code of Maryland;

(b) In accordance with COMAR 26.17.04.05, 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;

(c) A local jurisdiction 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 26.17.04.11B(5), shall be prohibited between March 15 and June 15, inclusive; and

(d) Any other applicable State statute or regulation.

Md. Code Regs. 27.01.09.05

Regulation .05 amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.