Md. Code Regs. 34.04.03.05

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

Section 34.04.03.05 - Consideration of Permit Applications

A. Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations.

B. Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit:

(1) The degree of archeological, anthropological, historical, or scientific importance of the proposed property;

(2) The date the application was received by the Trust in order to give priority to the first applicant requesting a permit for a particular activity location;

(3) The degree and scope of planning undertaken by the applicant, including readiness and financial feasibility and commitment to undertake and complete the proposed activity;

(4) The level of the applicant's training and experience in the field of maritime archeology or submerged sites archeology;

(5) The extent to which the applicant's responses in the application are complete and factual;

(6) The extent to which the applicant possesses, or will possess at the commencement of the proposed activity, the necessary equipment and funding to undertake the activity;

(7) The extent to which the proposed activity is consistent with the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, § 5A -318(c)(4), Annotated Code of Maryland, and any other applicable federal, State, or local agency management plans; and

(8) The degree of public benefit to be derived from issuance of the permit in relation to the degree of harm to the State's submerged archeological historic property to be expected from issuance of the permit.

C. Required Determination. The Trust may not issue any permit under these regulations unless the Trust:

(1) Has made and the Secretary has approved a written determination that issuance of the permit is in the best interest of the State, taking into account the criteria under §B of this regulation and any other factor that may be relevant; and

(2) Has made a written determination that the applicant has submitted a complete application, including a research plan, in form and content satisfactory to the Trust, which satisfies all of the requirements of Regulation .04 of this chapter.

D. Permit Boundaries. Accompanied by the applicant, a representative of the Trust may visit the proposed activity location to determine the permit area boundaries and to confirm the information required by Regulation .04D(1)(a)-(c) of this chapter.

Md. Code Regs. 34.04.03.05