The provisions of this Division shall constitute and be known as the "Nontidal Wetland Protection Ordinance" of Prince George's County, Maryland. Prince George's County has established a comprehensive program for the protection, conservation and regulation of nontidal wetlands. The goal of this program is to ensure no net loss of nontidal wetland acreage and function and to strive for a net resource gain in the County. This program is to be administered by the Department of Permitting, Inspections, and Enforcement under the provisions of this Ordinance. It is the intent of Prince George's County to protect the County's nontidal wetland resources through a comprehensive Countywide program in cooperation with State and Federal agencies. Through this program further degradation and losses of nontidal wetlands will be prevented wherever possible. Where losses are unavoidable, these losses will be offset through restoration or creation of nontidal wetlands. The provisions of this Ordinance are adopted pursuant to the Annotated Code of Maryland, Natural Resources Article, Section 8-1201, et seq., and Code of Maryland Regulations (COMAR) 08.05.04.22 and are subject to the provisions described therein.

Applicability of definitions. The definitions contained in Subtitle 32, Divisions 2 and 3 of this Code may apply to this Division and shall be supplemented by the definitions in Subsection (b) of this Section. Terms Defined. Wherever the following words are used in, or in conjunction with the administration of this Division, they shall have the meaning ascribed to them in this Section. Adaptive Vegetation - plant species which are not native but provide similar value to native species and grow successfully in Maryland. Adverse Impact - any diminishment of nontidal wetland acreage or function. Agricultural Activity - aquaculture and farming activities including plowing, tillage, cropping, seeding, cultivating, and the grazing and raising of livestock, sod production and other products cultivated as part of a recognized commercial enterprise, and harvesting for production of food and fiber products, excluding forest products. The definition includes tobacco, nursery stock, Christmas trees, aquaculture ponds, and other ponds used to conduct farming activities. Activities that result in a change to a land use other than agriculture are not agricultural activities. Structures or temporary storage areas related to sale of products are excluded from this definition. Agriculture - a land use dominated by the production of food, fiber, aquaculture or livestock, and other products cultivated as part of a recognized commercial enterprise. Applicant - a person who signs the Nontidal Wetland Concept Plan and Nontidal Wetland Permit Application. Aquaculture - the commercial rearing of finfish, shellfish and aquatic plants for sale, trade, barter or shipment. Aquaculture Facility - a pond, impoundment, raceway or tank and their associated structures essential for the purpose of aquaculture. Areas that have Lain Fallow - areas used for agriculture or forestry activities that are not in production for agriculture or forest products. Avoid - to refrain from conducting an activity that may adversely impact a nontidal wetland. Best Management Practices - conservation practices or systems of practices and management measures that: Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment; and Minimize adverse impacts to the surface water, groundwater flow, and circulation patterns, and to the chemical, physical and biological characteristics of a nontidal wetland. Bog - a nontidal wetland characterized by organic soils, accumulated peat, and soils saturated to the surface through the year with minimal fluctuation in water level. Buffer - a regulated area 25 feet in width surrounding a nontidal wetland, measured from the outer edge of the nontidal wetland. Clean Water Act - the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 and later amendments (33 U.S.C. 1251, et seq.). Comprehensive Watershed Management Plan - a plan developed in cooperation with Federal, State and local agencies and approved by the County and Maryland Department of Natural Resources (MDNR) that addresses nontidal wetland protection, creation, restoration, enhancement, cumulative impacts, flood protection, water supply concerns and other natural resource elements for a specific area or region. Corps Delineation Manual - the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 and any subsequent amendments, which is incorporated by reference. Creation - actions performed which establish nontidal on upland sites. Critical Habitat - habitat necessary for the survival of threatened or endangered species, or species in need of conservation. Department - the Prince George's County Department of Permitting, Inspections, and Enforcement. Destruction or Removal of Plant Life that would alter the Character of a Nontidal Wetland: The physical removal of natural nontidal wetland vegetation; or Causing mortality of nontidal wetland vegetation by the application of herbicides, hydrologic alteration, or by other means. Director - the Director of the Prince George's County Department of Permitting, Inspections, and Enforcement or the designee of the Director. Discharge of Fill Material - the addition of fill material, from any source, into a nontidal wetland area. Activities that can result in the discharge of fill material include: Placement of fill necessary for the construction of any structure; Building or any structure or impoundment requiring rock, sand, dirt, or other materials for its construction; Site development fills for recreational, industrial, commercial, residential, and other uses; Causeways or road fills; Dams and dikes; Artificial islands; Property protection or reclamation devices, or both; Levees; and Fills for structures such as, and associated with, sewage treatment facilities and intake and outfall pipes. Disturbance of Water Level or Water Table - the alteration of the existing elevation of groundwater or surface water by: Adding or impounding a sufficient quantity of stormwater or water from other sources to modify the existing vegetation, values or functions of the nontidal wetlands; or Draining, ditching, or otherwise causing the depletion of the existing groundwater or surface water levels so that the activity would modify the existing vegetation. Drainage basin - an area drained by a river system. In Prince George's County this includes the Anacostia, Patuxent and Potomac drainage basins. Drainage of Nontidal Wetlands - methods used to change the hydrologic conditions of nontidal wetlands, including lowering groundwater or surface water levels through pumping, piping, ditching or otherwise altering water flow patterns. Emergent Nontidal Wetland - that portion of a nontidal wetland dominated by erect, rooted, herbaceous vegetation as the uppermost vegetation strata. Enhancement - those actions performed to provide additional protection to, or to create, or improve the functions of a nontidal wetland or other aquatic sites or resources. Excavation - to dig or remove soil, rocks or other materials resulting in a change in all or part of the elevation of a site. Expanded Buffer - a regulated area of 100 feet in width surrounding a non-tidal wetland, measured from the wetland boundary and established because of the presence of steep slopes, highly erodible soils, other soils with development constraints, or the presence of Nontidal Wetlands of Special State Concern. Extenuating Circumstances - conditions as defined in Section 32-220(e) and (g) requiring extension of a set time limit to process an application, render decision, or conduct a public informational hearing. Farmed Nontidal Wetland - an area of Nontidal Wetland that is presently tilled, grazed, or under conservation tillage for agricultural activities or is lying fallow and has been out of production for agricultural activities for less than five (5) consecutive years. FEMA Maps - the Flood Insurance Rate Maps (FIRM) and the Flood Boundary and Floodway maps of the County prepared by FEMA (Federal Emergency Management Agency) and any subsequent amendments. Fill - any materials placed in an area which alters the elevation of the site, groundwater level, or the soil surface. Floodplain or County Floodplain - includes all those areas within the County which will be inundated by the 100-year flood, as determined by FEMA and the County. Forested Nontidal Wetland - that portion of a nontidal wetland dominated by woody vegetation greater than 20 feet in height. Forestry Activity - planting, cultivating, thinning, harvesting or any other activity undertaken to use forest resources or to improve their quality or productivity. Activities that change nontidal wetlands to another land use, including but not limited to agricultural or development, are not forestry activities. Function includes, but is not limited to, the roles nontidal wetlands serve through: Reduction of pollutant loadings, including excess nutrients, sediment and toxics; Attenuation of floodwaters and stormwaters; Shoreline stabilization and erosion control; Breeding grounds and habitat for many species of plants and wildlife including fish, game and nongame birds and mammals, including threatened and endangered species and species in need of conservation; Food chain support; and Timber production. General Area - the geographic or market vicinity that has desired characteristics for fulfilling the basic project purpose. Grazing - feeding on grass or other herbaceous plants in fields. Hydric Soils - soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation as defined in the Corps Delineation Manual. Hydrologically Connected - a nontidal wetland: Contiguous to a watercourse, surface water body, tidal wetland or ditch drainage; Within or connected to any 100-year floodplain as determined by calculation or by FEMA Maps; Receives or discharges surface or groundwater as intermittent or perennial flow from or to a surface water body, watercourse or other tidal or nontidal wetland as demonstrated by the presence of an intermittent or perennial stream or spring flow; or Formerly contiguous to a surface water body, watercourse or a nontidal wetland described in subsection (b)(40)(A) through (C) above, but is presently separated from these areas by a man-made berm, fill, road or other structure. Hydrophyte - plant life adapted to growth and reproduction under periodically saturated root zone conditions during at least a portion of the growing season. A listing of these plants can be found in the "National List of Plant Species that Occur in Wetlands: 1988, Maryland," which is incorporated by reference. Initial Planning Phase - the period of time in which the feasibility of a project is evaluated before committing resources necessary for its implementation. In kind - a characteristic closely approximating those of a nontidal wetland before it was adversely impacted by a regulated activity. Intermittent Stream - those areas that are surface waters, contained within a defined channel or bed that flow at least once per year. A defined channel or bed is indicated by hydraulically sorted sediment, or the removal of vegetative litter, or loosely rooted vegetation by the action of moving water. Isolated Nontidal Wetland - a nontidal wetland that is not hydrologically connected through surface or subsurface flow to streams, tidal or nontidal wetlands or tidal waters. Landscape Management - to maintain or enhance vegetation that was planted or manipulated for aesthetic purposes. Landscape management includes mowing, pruning and private gardening, excluding agricultural activities. Landscape Management Area - an area predominately covered by grasses or herbaceous ground cover established and maintained for horticultural purposes. The landscape management area may include a lawn which contains trees, shrubs or other plants. Loss of Nontidal Wetland: Alteration of existing nontidal wetland vegetation or water levels that significantly impairs or eliminates its principal functions, but excluding; Forestry activities conducted in accordance with a Prince George's Soil Conservation District approved sediment and erosion control plan; Restoration; and Department or MDNR approved enhancement projects; or Alteration of an area so that it no longer meets the nontidal wetland definition. Maintenance - activities undertaken to prevent the deterioration, impairment, or need of a serviceable fill area, structure, right-of-way, or land use, which includes management of vegetation and replacement of structural components. Maintenance does not include the following activities, unless conducted in a temporary sediment control structure, wash pond or roadside ditch: Dredging; Excavating; or Filling. MDE - the Maryland Department of the Environment, Standards and Certification Division. MDNR - the Maryland Department of Natural Resources, Water Resources Administration, Nontidal Wetlands Division. Minimize - to reduce the adverse impact on a nontidal wetland to the greatest practicable and reasonable degree. Mitigation - creation, restoration, or enhancement of nontidal wetlands that were or will be lost due to regulated activities. Mitigation Bank - an area approved by the Department and used for wetland mitigation projects required for future wetland impacts, usually from multiple projects, and operated using a system of credits and debits based on acreage or functions as specified by the Department. Mitigation Banking - wetland restoration, creation, or enhancement undertaken expressly for the purpose of providing compensation credits for wetland losses from future activities. Nontidal Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and is determined according to the Corps Delineation Manual. Nontidal Wetland Concept Plan - a pre-application review process used to provide the applicant with information about the presence of nontidal wetlands to determine: if there are any potential adverse impacts on nontidal wetlands as a result of the proposed project; if those impacts can be avoided; and if those impacts can then be minimized, before the applicant has committed substantial resources in the project site. Use of the Nontidal Wetland Concept Plan review is for guidance purposes only; it does not imply approval of a Unified Nontidal Wetland Permit. Nontidal Wetlands of Special State Concern - those areas designated, based on the criteria in COMAR 08.05.04.23 and listed in COMAR 08.05.04.26, as having exceptional ecological or educational value of Statewide significance. Nontidal Wetlands of Special State Concern in Prince George's County are listed in Section 32-239. Off-Site - not on the same parcel as the nontidal wetland which has been adversely impacted by a regulated activity. On-Site - the same parcel on which a nontidal wetland has been adversely impacted by a regulated activity. Out of Kind - biological characteristics not closely approximating those of the nontidal wetland before it was adversely impacted by a regulated activity. Peat Mining - the extraction of peat of a commercially valuable quality and quantity. Person - the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. Practicable - available and capable of being done after taking into consideration the costs, existing technology, and logistics in light of the overall project purpose. Project - the entire activity on a parcel of land, including all proposed and projected phases and sections of land subdivisions, of which all regulated or other activities conducted in a nontidal wetland, buffer or expanded buffer are a part. Project Purpose - the principal reason for conducting all regulated activities and other activities on a project site. Regulated Activity: Means any of the following activities which are directly undertaken or originate in a nontidal wetland, buffer or expanded buffer; Removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind; Change of existing drainage characteristics, sedimentation patterns or flood retention characteristics; Disturbance of the water level or water table by drainage, impoundment or other means; Dumping, discharging of material, or filling with material, including the driving of piles and placing of obstructions; Grading or removal of material that would alter existing topography; and Destruction or removal of plant life that would alter the character of a nontidal wetland. Does not include an agricultural activity or forestry activity as defined in this Ordinance. Repair - an activity that restores the character, scope, size, and design of a serviceable fill area, structure, or land use to its previously authorized and undamaged condition. Activities that change the size or scope of a project beyond the original design in order to drain, dredge, fill, flood, change the hydrology, or otherwise convert nontidal wetlands that were not previously impacted by the project are not included in this definition. Minor deviations to plans or specifications are allowed as long as no permanent nontidal wetland impact results from the deviation. Restoration or Restore - actions performed to return nontidal wetland acreage and function temporarily impacted by a regulated activity. Restoration also means actions performed to establish nontidal wetlands on former nontidal wetland sites. Scrub-Shrub Wetland - that portion of a nontidal wetland dominated by woody vegetation less than 20 feet in height as the uppermost strata. Serviceable - presently usable or currently fulfilling its basic, original purpose. Significant Plant or Wildlife Value - a nontidal wetland: Of the following unusual or unique community types: Bogs; Areas with bald cypress (Taxodium distichum), Atlantic white cedar (Chamaecyparis thyoides), red spruce (Picea rubens), balsam fir (Abies balsanea), or American larch (Larix laricina) that contain at least 20 percent of these species in any strata as determined by the Corps Delineation Manual; or Delmarva bays as defined in COMAR .08.05.04.01 B.21; With water discharge that maintains minimum stream base flow important for maintaining plant wildlife species; With threatened or endangered species, or species in need of conservation; Adjacent to Class III or Class IV waters as defined in COMAR 26.08.02.08; Of Special State Concern; That supports vernal pools as defined in COMAR 08.05.04.01 B.87; and That is regularly or periodically influenced by tidal waters. Site Development - any grading, grubbing or disturbance to remove unwanted vegetation and other material from a parcel of land for development, maintenance or reconstruction. Soil Conservation and Water Quality Plan - a land use plan for a farm that shows a farmer how to make best possible use of soil and water resources while protecting and conserving those resources for the future. Spring - a nontidal wetland that discharges groundwater at the surface to form a pool or to provide intermittent or perennial surface flow, and is usually characterized by saturated or organic soils. State Water Quality Certification - a certification issued by MDE pursuant to the Clean Water Act, Section 401. Structure - anything constructed or built and affixed, except for those structures built in order to maintain the wetland as part of an approved mitigation plan. Utility Line - any underground or overhead transmission line, pipe, cable, or wire for the conveyance of public or private water or sewer, natural gas or the transmission of electrical, radio or telecommunications service. Water-Dependent Activity - an activity for which the use of surface water is essential to fulfill the basic purpose of the proposed project. Watershed - the area draining into a river, river system or body of water. A watershed is a subunit of a drainage basin. Some examples of watersheds within Prince George's County are Tinker's Creek, Piscataway Creek and Western Branch. Wetland Boundary - the point the ground at which a shift from wetlands to nonwetlands occurs pursuant to the Corps Delineation Manual. Wildlife - any species of a vertebrate or invertebrate animal, excluding domestic species.

The Wetland Concept Plan is an optional pre-application review process used to provide the applicant with information about the presence of nontidal wetlands to determine: if there are any potential adverse impacts on nontidal wetlands as the result of the proposed project; if those impacts can be avoided; and if those impacts can be minimized. Consideration of alternative sites at the earliest stage may enable the applicant to refrain from committing substantial resources in the project site and retain the flexibility to avoid adverse impacts on nontidal wetlands. Wetland Concept Plan Purpose. The purpose of the Wetland Concept Plan is to determine: If the proposed project includes any regulated activity; If the proposed project can be modified to first avoid and then to minimize impacts on nontidal wetlands; If the proposed activity falls under the jurisdiction of a Unified Nontidal Wetland permit, a State Nontidal Wetland permit or if a Federal Section 404 permit may be required; and If the proposed activity is exempt or if it qualifies for a Letter of Authorization. Beginning January 1, 1994, all persons involved with the development of a project within Prince George's County are strongly encouraged to take advantage of the Wetland Concept Plan review process before submitting an application for a Unified Nontidal Wetland Permit, grading permit, building permit, or a preliminary plan of subdivision. Wetland Concept Plan Application. Applicants are encouraged to consult guidance maps prepared by MDNR to assist in identifying and locating wetlands. If the proposed activity will require a Unified Nontidal Wetland Permit, the Department will provide guidance on applying for the permit. The Wetland Concept Plan application form shall be furnished by the Department. The review process can be used to identify wetland areas, verify wetland delineations, or assist the applicant in identifying the type of nontidal wetland permits required for the proposed project. Submission requirements. The application and background information shall include the name of the property; the name of the applicant; the name of the property owner and their signatures; the name of the contract purchaser; a location map; the County Road Atlas page number and grid coordinates; zoning classification; a site plan of all proposed regulated and nonregulated activities, including, but not limited to the topography, natural features, location and dimensions of structures, driveways, pools, walk-ways, utility lines, septic systems and wells; a narrative of the proposed project's purpose; and any other information the Department may require. Additional submission requirements. If applicable, the following information shall also be submitted: the wetland report and delineation in accordance with the Corps of Engineers Wetland Delineation manual, Technical Report Y-87-1 and any subsequent amendments. Forest Stand Delineation and the proposed Type I or Type II Tree Conservation Plan; the proposed or approved preliminary plan of subdivision; soil map; drainage area map; and a 200 foot scale map of the project site if the proposed project involves a subdivision or a commercial or industrial use. If necessary to identify the potential impacts of a proposed project, the Department will request submission of one or more of the following: an analysis of pre- and post discharges to wetlands (changes to discharges, volumes and velocities); the total number of sites considered by an applicant along with the physical, economic and demographic characteristics of each site; the purpose of the proposed project and its relationship to the site; the location of any existing structural or natural features that constrain the placement or configuration of the proposed project; the spatial requirements of the proposed project; the sensitivity of the project design to the nontidal wetland(s); and any proposed phasing of the project (for larger projects which may not be completed within three (3) years, it is recommended that the project be phased). The Department, in reviewing and evaluating the Wetland Concept Plan, shall consider the following factors: Reduction in acreage of a nontidal wetland affected by a regulated activity; Harm to threatened or endangered species or species in need of conservation, or the critical habitat of these species; Movement of aquatic and wildlife species indigenous to the nontidal wetland or water body; Ability of the nontidal wetland to continue to support and provide habitat for those aquatic and wildlife species using the area; Hydrologic regime of the areas upstream and downstream of the area of impact; Functions of the impacted and/or adjacent nontidal wetlands; Passage of normal or expected high flows, or the relocation of water; Subsurface water flow into or out of any nontidal wetland area; Presence of, or potential for, supporting fish spawning areas; Presence of areas having significant plant or wildlife value; Cumulative impact to nontidal wetlands; and, Impacts to the 100- year floodplain. Upon completion of the Wetland Concept Plan review, the Department will provide a letter to the applicant stating that: A Unified Wetland Permit is required; A Letter of Authorization is required; A MDNR Nontidal Wetland Permit is required; A Federal Section 404 permit may be required; or A Wetland Permit or Letter of Authorization is required. The Wetland Concept Plan letter shall be valid for three (3) years from the date of issuance and may, upon review, be renewed for additional three (3) year periods. The Wetland Concept Plan review is for guidance purposes only and does not grant approval of a Unified Nontidal Wetland Permit.

A person may not conduct a regulated activity in a nontidal wetland, buffer, or expanded buffer unless the Department has determined that the activity is exempted or has issued a permit or a Letter of Authorization. Any County grading or building permit to conduct a regulated activity in a wetland, buffer, or expanded buffer is invalid unless the Department or the MDNR has issued a Nontidal Wetland Permit or a Letter of Authorization. Any fee structure for the nontidal wetland permit process shall be established by resolution of the County Council, and such fees shall be payable to Prince George's County. Application Forms. An application for a nontidal wetland permit shall be on a unified Federal, State and County permit application form furnished by the Department and shall include all information required in subsection (d) and any additional information required by the Department in subsection (e). The Department shall coordinate with other Federal, State and County agencies to expedite review of associated permits. The person signing the application form shall be: An officer or authorized agent, if the applicant is a corporation; A legally authorized official, if the applicant is a County agency or municipal government; An authorized partner, if the applicant is an association or a partnership; or An individual or his/her legally authorized representative, if the applicant is an individual. The person who signs the application shall be responsible for the truth, accuracy and completeness of all information in the application. An applicant for a permit or a Letter of Authorization shall submit all of the information required by the application form. An applicant for a Unified Nontidal Wetland Permit or Letter of Authorization may be required to submit one or more of the following items of information for an application to be considered complete and the delineation correct: The Wetland Concept Plan letter and all information submitted at the Concept Plan stage; Name of the property owner and contract purchaser; Legal description of the project location; Description of the project purpose including a discussion of the project's spatial requirements and the sensitivity of the project design to the nontidal wetland area; A composite site plan at a scale of one inch equals 200 feet drawn by a licensed surveyor or engineer to show the overall project and layout; A site plan at a scale of one inch equals 30 feet or 50 feet drawn by a licensed surveyor or engineer that includes the following: Nontidal wetland boundary, as marked by flags in the field, based on field delineation and in accordance with the Corps Delineation Manual, including the buffer and expanded buffer. The applicant shall maintain the boundary flags in place until notified by the Department; Location of all existing and proposed structures; Location of all proposed regulated and nonregulated activities; Property Lines of all adjacent and/or impacted properties; Names of adjacent property owners; Location of Nontidal Wetlands of Special State Concern; Location and number of all soil samples; Location of the County's approved 100-year floodplain boundary based on the proposed condition; Existing topography (2 foot field run contours, 5 foot contours or aerial as needed); and Type I and II Tree Conservation Plan or a valid letter of exemption; Proposed or approved preliminary plan of subdivision or lot layout; Drainage area map; Alternative site analysis including the physical, economic and demographic character of each site; An Avoidance and Minimization Analysis (A discussion of potential impacts and the steps taken, first to avoid, and then to minimize, impacts for each site); Demonstration of public need, as applicable, by showing; The present or future availability of projects with the same or similar public need; and A demand for the project in the general area; Representative photograph of the affected nontidal wetland area; A Phase I Mitigation Plan; Other information an applicant deems appropriate; A cross section of proposed final elevation after filling, grading or excavating; A description of the type and quantity of fill material to be used; Acreage, function and type of nontidal wetland area, buffer, and expanded buffer that will be affected permanently or temporarily by the regulated activity; Data from soil samples which will be: Taken from a minimum depth of 20 inches and include a description of soil colors and textures as obtained from borings sufficient to verify hydric or nonhydric conditions; On transects perpendicular to the nontidal wetland boundary, starting within the nontidal wetland area and moving towards the upland; and Numbered and accompanied by a soil description log indicating the observed or estimated depth to the highest water table during the year; Data sheets from the Corps Delineation Manual identifying and describing hydrology and vegetation along the transects required in subsection (e)(18); Identification of nontidal wetlands known or believed to have significant plant or wildlife value; Description of available utilities, site access, type and acreage of the nontidal wetland, and description of potential impacts for each alternative site considered by the applicant; Map of, and narrative statement regarding, the geographic boundaries of the general area where the proposed project could be undertaken and still meet the project purpose; Brief discussion of demographic factors which are critical to the success of the project, including data, statistics or marketing studies; Description of water, wastewater, community facilities, schools, transportation, or other public facility requirements of the project; An assessment of on-site and adjacent nontidal wetland buffer and expanded buffer functions; Field survey of animal species and/or the natural characteristics of the site; Soil infiltration rates as determined in the field; or Larger scale or more detailed engineering design plans or maps. Confidential Information. Except as provided in subsection (f)(2), information submitted to the Department under this regulation shall be made available for public inspection and copying. An applicant may request in writing, at the time the application is submitted, that confidential information submitted as part of an application not be disclosed. The Department shall determine if the information is confidential under State Government Article Section 10-611 et seq., Annotated Code of Maryland, and other applicable law. If the Department denies the applicant's request for nondisclosure, the applicant may withdraw an application or seek review of the Department's determination under applicable law. If the applicant withdraws an application, the Department shall, at the request of the applicant, return any documents designated as confidential.

The Department shall acknowledge receipt of the application in writing, within ten (10) days by fax or regular mail. The Department shall consider an application complete if it contains all of the information required under Section 32-119 and is sufficient for the Department to process the application. The Department shall notify an applicant for a permit in writing, within 45 days of receipt of an application stating whether the application is complete and the wetland delineation correct. If the application is incomplete or information submitted is insufficient, the Department shall notify the applicant, in writing, of the additional information needed. If the wetland delineation is incorrect, the Department shall so notify the applicant and require the applicant to correct the delineation. If the Department fails to notify an applicant of the need for additional information and/or correction of the wetland delineation within 45 days of receipt of the application, the application shall be considered complete and the delineation correct. The Department, upon written notice to the applicant, may extend the 45 day time period when at least one of the following extenuating circumstances prevent consideration of the application: Inclement weather conditions; Review required by Federal or State agencies; or Additional information must be submitted by the applicant to clarify or complete the information in the application. Public Notice. After the Department has determined that an application is complete and the wetland delineation is correct, the Department shall issue, at the applicant's expense, a public notice of an opportunity to submit written comments or request a public informational hearing about the application. The time period for submitting written comments or requesting a hearing shall not exceed 30 days. Public notice and a public informational hearing may not be required for activities that qualify for a Letter of Authorization under Section 32-226. The public notice shall contain: The name and address of the applicant; A description of the nature and location of the proposed project; A description of the proposed mitigation plan, if applicable. Instructions of how to submit written comments, request a public informational hearing, and/or how to place one's name on the interested person's mailing list; The expiration date for the opportunity to comment on the wetland delineation or to request a public informational hearing regarding same; A statement that any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons mailing list; and The name, address and telephone number of person in the Department from which information about the application may be obtained. The public may be notified by any of the following methods: Selected mailing to Federal, State, County, or municipal authorities; persons on the interested persons mailing list; and adjacent property owners; Publication for at least one (1) business day in a newspaper of record; Joint notice with other Federal, State or County agencies; or Joint notice with other units or programs within the Department. The Department shall provide MDNR with a copy of the public notice for any completed application. Public Informational hearing. Any interested person may request, in writing, a public informational hearing. If requested, a public informational hearing shall be held within 45 days of the expiration date specified in the public notice. The Department shall mail the notice specifying the location, date and time of the public informational hearing to those persons on the interested person's mailing list. The Department may extend the time period for the public informational hearing for the following extenuating circumstances: Circumstances listed in subsection (e); or A request by an applicant. The Director may hold a public informational hearing and shall be designated as the presiding official. An applicant and any interested person shall be given an opportunity at the public informational hearing to present facts and make statements for or against granting the permit. Questions may be asked of, and directed to, the presiding official, but cross examination may not be conducted. The hearing is not a contested case hearing. The presiding official may determine the order of presentation of comments and questions at the public informational hearing. The public informational hearing may be conducted in the following order: Introduction by the Department. Presentation or proposed project by the applicant; Comments and questions by public officials; Comments and questions by other persons; and Closing of the public informational hearing by the presiding official; The presiding official has the authority and duty to: Conduct a full and fair public informational hearing; Act to avoid unnecessary delay and to maintain order; and Regulate the course of the public informational hearing and the conduct of the participants. The presiding official shall prepare an official record of the public informational hearing. The official record of the public informational hearing may not be transcribed unless the Department, the applicant, or a participant in the hearing requests a transcript. Costs of transcription shall be paid by the person requesting the transcript. In calculating any time period provided for in this Ordinance, if the last day falling within the tome period falls on a Saturday, Sunday or a County or State holiday, the time period will be extended until the next normal business day. Letter of Authorization. Within 45 days of the Department's determination that the application is complete and the wetland delineation correct, the Department shall notify the applicant, in writing, whether the activity qualifies for a Letter of Authorization and, if so, what best management practices, if any, will be required. The Department's Letter of Authorization shall be void if the information submitted is later shown to have been false, misleading or inaccurate. The Department shall pursue an appropriate enforcement action under Section 32-236 as to any activities that have been undertaken under the void Letter of Authorization. If the Department determines that the proposed activity does not qualify for a Letter of Authorization, it shall notify the applicant of the need to apply for a permit under Section 32-219. The Department shall specify in the Letter of Authorization the time period for which it is valid. If an applicant applies for a Letter of Authorization and a permit, the Department may withhold its decision on the Letter of Authorization pending a final permit decision. Interested person's mailing list. Upon written request, the Department may add additional names to the list. Those wishing to have their names placed on the list may send a written request to the Department.

Permit Decision. The Department shall, after the closing date for receipt of written comments or after a public informational hearing if requested: Consider the written comments, testimony and other information received; and Render a decision to grant, deny or condition a permit within: 60 days of the Department's determination that an application is complete and the delineation correct, if no hearing is requested; or 45 days of a public informational hearing. The Department may extend the time period in which to render a decision for an additional 30 days for the following extenuating circumstances: Review required by a Federal or State agency; or Request by an applicant. The Department may afford the applicant an opportunity to provide, or the Department may request the applicant to provide, additional information to address concerns raised in written comments. The applicant may request, in writing, that the Department withhold making a final permit decision on the application until additional information can be provided. The Department may withhold making its permit decision for six (6) months, after which the application shall be deemed withdrawn and a new application must be submitted, unless otherwise determined by the Department. Written notice of the permit decision shall be mailed to the applicant and to all persons on the interested person's mailing list. Notice of the permit decision need not be published. Work authorization under a permit shall be completed within the time period specified in the permit. An applicant may not submit a new permit application for the same scope of work where a permit application has been denied for six (6) months from the date of denial unless there is a substantive change in the application. A permit may not be issued and work may not begin unless a final site plan or any other necessary information is provided to the Department. Permit Reconsideration. A person who has the legal rights, duties, interests or privileges different from the general public, which are adversely affected by the Department's decision to grant, deny, or condition a permit, may request a reconsideration of the decision to the Director. The request for reconsideration shall be in writing and filed with the Department within 30 days of the permit decision. The request for reconsideration shall contain: The name, address and telephone number of the person making the request; The name, address and telephone number of any attorney representing the person making the request; A description of the grounds for the request, including the specific legal right, duty, privilege or interest which may be adversely affected by the permit determination, and which is different from those interests held by the general public; A statement of the specific relief desired as a result of the reconsideration; and A general outline of the evidence supporting the desired relief, including the names and addresses of those that can verify the information submitted for the reconsideration. The Director shall review a request for reconsideration to determine whether the person requesting it has: A specific legal right, duty, privilege, or interest which is or may be adversely affected by the permit determination and which is different from that held by the general public; Raised at least one issue that is related to the subject of the permit and arises under this Ordinance; and Made a request for reconsideration within 30 days of the date the permit was issued or denied as specified under this subsection. The Director shall determine whether to grant or deny the relief requested in the reconsideration. If the determination is to deny the request, the determination shall be in writing and mailed by certified mail to the person requesting the reconsideration. Notification of the determination to deny the relief requested in the reconsideration shall contain the following: The specific reasons for the denial; A statement that if appeal under this regulation is not sought, the denial shall be the Department's final decision on the request for reconsideration. Appeal of Permit Decision or Appeal of Reconsideration. Any person adversely affected by the determination to grant or deny the permit or the reconsideration has the right to appeal to the Prince George's County Board of Appeals. Such action shall be taken within ten (10) calendar days of the receipt of the notice of decision. The Board may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, illegal, arbitrary or capricious, or unsupported by any substantial evidence. The Board shall not have the authority to issue an order which is in conflict with a lawful order of the Director, or the requirements and provisions of this Ordinance.

The Department may not issue a permit for a regulated activity unless the Department finds the applicant has demonstrated that the: Proposed project is water-dependent and requires access to a nontidal wetland as a central element of its basic function under the criteria in subsection (b) and (c) below, or is not water-dependent and has no practicable alternative under the criteria in subsection (d); Regulated activity will first avoid and then minimize adverse impacts to the nontidal wetland based on consideration of existing topography, vegetation, fish and wildlife resources and hydrological conditions under the criteria in Section 32-223(b); Regulated activity does not cause or contribute to degradation of groundwater or surface water under the criteria in Section 32-224(a); and Proposed project is consistent with an applicable comprehensive watershed management plan. Water Dependency. A proposed project shall be considered water-dependent if the use of surface water or a nontidal wetland is essential to fulfill the basic purpose of the proposed project. The Department shall apply the following criteria in determining if a proposed project is water-dependent: Whether an alternative water source is available for use, including surface runoff or groundwater, that may have fewer adverse impacts on nontidal wetlands; and Whether the use of a nontidal wetland would only enhance a project rather than being essential to it. In determining whether a proposed project is water-dependent, the Department shall consider the applicant's definition of the project purpose but may independently determine whether the proposed project is water-dependent. For a multiple use project which has both water-dependent and nonwater dependent features, the Department shall determine which features are water-dependent. Access Test. In determining whether the proposed project requires access to a nontidal wetland as a central element of its basic function, the Department shall consider whether access could be accomplished at another location that would first avoid and then minimize nontidal wetland impacts. A water-dependent project, which the Department determines requires access to a nontidal wetland, shall be exempted from the requirements of Subsection (d), but shall comply with all other requirements referenced in Subsection (a). Practicable Alternative Analysis. The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives, including both alternative site analysis and on-site minimization, have been analyzed and that the proposed regulated activity has no practicable alternative. In determining whether the proposed regulated activity has a practicable alternative, the Department shall consider whether: The project purpose can be reasonably accomplished using one or more alternative sites in the same general area as the proposed site that would avoid or result in less adverse impact to the nontidal wetland(s) under the criteria in Section 32-223. The Department shall consider the applicant's definition of "general area" but may take its own independent determination of what the "general area" is; The reduction in the size, scope, configuration or density of the proposed project and all alternative designs would avoid or minimize impact to the nontidal wetland but would not accomplish the basic purpose of the project under the criteria of Section 32-223(b); The applicant has made a reasonable effort to accommodate site restraints such as zoning regulations, infrastructure or parcel size which caused an alternative site to be rejected. To determine if an applicant has made a reasonable effort to accommodate constraints, the Department shall consider any pertinent information, including: Correspondence or other written documentation between an applicant and the County, including a request for a special exception or other Zoning variance; Evidence of efforts to modify the local infrastructure, including future planned expansions or redesign of the project because of a nontidal wetland impact; and Written documentation of the effort undertaken to acquire another site or to reconfigure the proposed project to accommodate the constraint. The regulated activity is necessary to meet a demonstrated public need. The following apply: To determine if the regulated activity is necessary for the proposed project to meet a demonstrated public need, the Department shall consider any pertinent information, including the economic value contributed by the proposed project to an identified State or local economic priority and if the proposed project promotes public health, safety or welfare. In weighing the economic value of the proposed project with respect to meeting a demonstrated public need in the general area, and the ecological and economic value associated with the nontidal wetland, the Department shall consider the functions of, benefits and the economic value provided to the general public by the nontidal wetland adversely impacted by the regulated activity and the ability of the nontidal wetland to continue to provide the identified functions and benefits to the general public.

Alternative Site Analysis. An applicant shall prove to the Department's satisfaction that alternative sites for the proposed project have been examined during the initial planning phase. An applicant shall search during the initial planning phase for one or more alternative sites that meet the project purpose and would result in the least adverse impact to nontidal wetlands. Determining the Initial Planning Phase. The intent of the initial planning phase is to require an applicant to evaluate the feasibility of the project and the adverse impact on nontidal wetlands at the earliest stage of the development process, before the applicant has committed substantial resources in the project site. Consideration of alternative sites at the earliest stage enables the applicant to retain the flexibility to avoid adverse impacts to nontidal wetlands. An applicant shall select the earliest of the following times as the initial planning phase for the proposed project: When an applicant conducts a formal or informal feasibility or market study, prepares an environmental impact statement or assessment, or a similar study for the project; When an applicant enters into an option agreement or contract of sale for the property; When an applicant applies for a Wetland Concept Plan review, a building permit, subdivision or infrastructure approval, zoning change or any other local governmental approvals for the project; At the time an applicant applies for a Unified Nontidal Wetland Permit under this Ordinance; When a budget or financing request is secure; or Any other appropriate time selected by the applicant. For the time selected in subsection (a)(3)(B), an applicant shall provide a written justification of the selection, including copies of any documentation supporting the selection and an explanation of why earlier times would be inappropriate or inapplicable to the proposed project. While the Director will give serious consideration to the initial planning phase selected by the applicant, the Department reserves the right to require additional information from the applicant concerning the initial planning phase selection or to independently determine the appropriate time. To determine if the purpose of the proposed project cannot be reasonably accomplished by using another site, the Department shall consider: Whether an applicant has made, and can document, a reasonable effort to analyze alternative sites in the general area during the initial planning phase to first avoid adverse impacts and then to minimize adverse impacts to nontidal wetlands; Whether an applicant has made, and can document, attempts to obtain land ownership interests or other rights to conduct the proposed project on alternative sites which first avoid adverse impacts and then minimize adverse impacts to nontidal wetlands; The total number of alternative sites and the physical, economic and demographic characteristics of those sites considered by an applicant; The physical, economic and demographic requirements of the proposed project relative to the alternative sites analyzed; The degree to which use of alternative sites is constrained by other governmentally imposed restrictions and requirements, including concern for avoidance of other environmental, social, community, archaeological, historic and park land impacts; Efforts undertaken to reduce adverse impacts to nontidal wetlands through consideration of reducing density, other site designs or project configurations on each alternative site analyzed; and The costs of fulfilling mitigation requirements for each alternative site. An alternative site may not be excluded from consideration because it includes or requires an area not owned by the applicant which could be reasonably obtained, used, expanded or managed to fulfill the basic purpose of the proposed project. Avoidance and Minimization Analysis. The applicant shall demonstrate to the Department's satisfaction that all necessary steps have been taken to first avoid and then to minimize adverse impacts to nontidal wetlands. Losses of nontidal wetlands shall be permitted only when adverse impacts to nontidal wetlands are necessary and unavoidable. In reviewing the sufficiency of the applicant's efforts to first avoid and then to minimize adverse impacts to a nontidal wetland through reduction of the project size, scope, or density or by an alternative configuration or design, the Department shall consider: The spatial requirements of the proposed project; The location of any existing structural or natural features that may dictate the placement or configuration of the proposed project; The purpose of the proposed project and how the purpose relates to placement, configuration or density; Sensitivity of the site design to nontidal wetlands; An applicant's efforts to: Reduce the scope of the proposed project; Remove or accommodate site constraints including zoning regulations, infrastructures, access or natural features; Otherwise avoid or minimize adverse impact; and The costs of fulfilling potential mitigation requirements based on project configuration or design versus the alternative project configuration or design. The Department shall consider pertinent factors when evaluating the extent to which a proposed project has avoided or the regulated activity has minimized, direct or indirect adverse impacts to nontidal wetlands under this Section, including: Reduction in acreage of a nontidal wetland affected by a regulated activity; Harm to a threatened or endangered species in need of conservation, or to the critical habitat of these species; Movement of aquatic and wildlife species indigenous to the nontidal wetland or water body; Ability of the nontidal wetland to continue to support and provide habitat for those aquatic and wildlife species using the area; Hydrologic regime of the areas upstream and downstream of the area of impact; Functions of the impacted or adjacent nontidal wetlands; Passage of normal or expected high flows, or the relocation of water; Subsurface water flow into or out of any nontidal wetland areas; Presence of, or potential for, supporting fish spawning areas; Presence of areas having significant plant or wildlife value; Cumulative impact to nontidal wetlands; and Impacts to the 100-year floodplain.

To meet the requirements of Section 32-222(a)(3), a regulated activity may not: As determined by the Department, MDNR or MDE, cause an individual or cumulative effect that degrades: Aquatic ecosystem diversity, productivity and stability; Plankton, fish, shellfish and wildlife; Recreational and economic values; and Public welfare; or As determined by MDE or the Department, cause an individual or cumulative effect that; Violates any applicable State water quality standard, the Environment Article of the Annotated Code of Maryland, or the Clean Water Act; and Degrades surface and groundwater quality. To meet the requirements of Section 32-222(a)(4), a regulated activity shall be consistent with the applicable comprehensive watershed management plan. Comprehensive watershed management plans shall meet the following criteria: Comprehensive watershed management plans may be prepared by Federal, State and local agencies; A private property owner may request to assist in the preparation of a comprehensive watershed management plan when the entire watershed is owned by the private property owner; and: When the Department, after consultation with MDNR and appropriate Federal, State and local government agencies, approves the request; A private property owner agrees to assist in the preparation of the comprehensive watershed management plan in accordance with this subsection; and The comprehensive watershed management plan meets the requirements of subsection (b)(3) through (5). Comprehensive watershed management plans shall be prepared in cooperation with Federal, State and local agencies and approved by the County and MDNR. The County and MDNR may not adopt or approve a comprehensive watershed management plan before conducting a public informational hearing on the proposed plan. A comprehensive watershed management plan shall include the following elements: A functional assessment of nontidal wetlands within the watershed; The location of potential mitigation sites; Protection of nontidal wetlands; A plan for limiting cumulative impacts to nontidal wetlands; Water supply management; and Flood management.

The following activities shall be exempt from the Unified Nontidal Wetland Permit and mitigation requirements of this Ordinance, but are subject to MDNR regulations under COMAR 08.05.04.13 and .15 through .18; Forestry activities conducted in accordance with COMAR 08.05.04.20 and .21: Agricultural activities in Regulation COMAR .08.05.04.19B. All other agricultural activities shall be exempt from the permit requirements of this Ordinance, but are subject to the mitigation requirements of COMAR .08.05.04.13 and .15 through .18; Activities conducted by State agencies; and Activities conducted in Nontidal Wetlands of Special State Concern. Any proposed regulated activity conducted by a person who has applied to the U.S. Army Corps of Engineering by December 31, 1990, for a permit under Section 404 of the Clean Water Act is exempt from the Joint State/County Wetland permit requirement provided that the following conditions are satisfied: The U.S. Army Corps of Engineers ultimately issues a permit or other document under subsection (b)(3)(C); The applicant does not alter the scope of the regulated activity originally applied for without authorization from the U.S. Army Corps of Engineers. A person submits the following information to the Department, as may be applicable, and as may be requested by the Department: A copy of a dated application for a permit under Section 404 of the Clean Water Act; A copy of the plans for the project which were submitted to the Corps; and A letter from the Corps describing the project and proposed activity and stating either: The project and proposed activity is authorized by the Corps; or The proposed activity is exempt from Section 404 permit requirements. The following activities shall be exempt from the Unified Nontidal Wetland Permit, provided they do not result in cumulative direct or indirect adverse impacts: Construction of additions, outbuildings and accessories to existing structures within a landscape management area which impacts less than 1,000 square feet of nontidal wetlands; Construction placed on existing impervious surfaces or on structures within the buffer or expanded buffer; Removal of 30 percent of the trees in the buffer provided that: The density, but not the areal extent of the trees, is reduced; No more than 30 percent of the understory is removed; and Clearing is in conformance with the applicable Type I and/or Type II Tree Conservation Plan; Moving or other forms of vegetation control on existing rights-of-way; The control of State designated noxious weeds; Landscape management in the nontidal wetland, buffer or expanded buffer; Soil investigations; Percolation tests for sewage disposal fields; Survey markers or survey monuments; Other similar activities with minimal adverse impacts as approved by the Department and MDNR; The maintenance of the following serviceable structures or fills: Above and underground utilities; Structures in rights-of-way; Railroad beds; Road beds, roadside ditches, culverts, outlet ditches, wash ponds and temporary sediment control structures; Bridges; Dams; Dikes; Levees; Water and wastewater control structures; and Facilities designed for stormwater management.

Except for regulated activities proposed within the Chesapeake Bay Critical Area, an activity that qualifies for a Letter of Authorization is exempt from the permit and mitigation requirements of this Ordinance. Activities proposed in the Chesapeake Bay Critical Area are not exempt from the mitigation requirements of Sections 32-230 through 32-234. Upon application, the following activities may qualify for a Letter of Authorization provided that the conditions in Section 32-227(b) are satisfied and best management practices, which may be required by the Department, are all met: Activities in isolated nontidal wetlands of less than one acre and having no significant plant or wildlife value. An applicant's determination of whether an area is an isolated nontidal wetland shall be based on published hydrologic and hydraulic data or data obtained in the field which shows whether the nontidal wetland is hydrologically connected. The applicant's determination shall be verified by the Department. Activities whose cumulative loss of nontidal wetlands and buffer, which contains no significant plant or wildlife value is: Less than 5,000 square feet; or Greater than 5,000 square feet; and The actual loss of nontidal wetland is less than 5,000 square feet; and Activities in the buffer result in minimal additional adverse impacts to nontidal wetlands as determined by the Department. Installation of utility lines. The installation of utility lines including the following activities: Trenching, jetting, jack hammering or plowing of nontidal wetlands; Laying of pipe, cable or wire; Backfilling of the excavated trench containing the pipe, cable or wire; Placement of the riprap; and Restoration of nontidal wetland areas which have been disturbed. Utility lines do not include: Intake and outfall structures; Pipe or pipeline used to transport any liquid or slurry substance except as associated with water and sewage lines; Natural gas lines greater than 12 inches in diameter; or Stormwater conveyance systems. Construction of overhead power transmission lines. Mitigation projects not required under this Ordinance. Regulated activities which impact the buffer and less than two (2) acres of farmed nontidal wetlands with 15 or more consecutive days on inundation during the growing season, except in Nontidal Wetlands of Special State Concern or their expanded buffer. The repair of the following serviceable structures or fills: Above and underground utilities; Structures in rights-of-way; Railroad beds; Road beds, roadside ditches, culverts and outlet ditches; Bridges; Dams; Dikes; Levees; Water and wastewater control structures; and Facilities designed for stormwater management. Activities which will result in the loss of nontidal wetlands that have been temporarily created by a permitted or authorized construction activity or as a result of a permitted activity, including wetlands created: Incidental to mining activities that were conducted under an approved mining plan or permit, or wetlands that have been created incidental to a mining activity, and that will be impacted during implementation of an approved reclamation plan; As a result of the construction of an approved sediment control structure; and For a specific purpose that will remain for a specified period of time, including wash ponds and grassed waterways. The following conditions apply to the activities listed in subsection (b)(7). If the structure or fill has been put to uses other than the use originally intended or authorized for the original construction, and the repair activity will alter or impair any additional nontidal wetland area, the repair of the structure may not qualify for a Letter of Authorization. Repairs to be made more than three (3) years after damage occurs or is first identified does not qualify for a Letter of Authorization. An applicant seeking a Letter of Authorization under Subsection (b)(8) shall submit the following: Information regarding the creation of the wetland; The purpose of the wetland creation, if applicable; The length of time the wetland has existed; A copy of the approved site plan, erosion and sediment control plan, mining plan or reclamation plan; A description of the function the created wetland has served; A request for the length of time the Letter of Authorization is to be valid; and Justification for conducting the regulated activity in the nontidal wetland. Structures that have been placed in nontidal wetlands (for example, sediment traps), or that have impacted nontidal wetlands through their construction or operation, do not qualify for a Letter of Authorization under subsection (b)(8). A Letter of Authorization issued under subsection (b)(8) is in effect for a period of up to five years and may be extended for one additional five-year period. No Letter of Authorization granted under subsection (b)(8) may be extended for more than one five-year period, for a total of ten years, unless the regulated activity is part of a permitted mining activity or involves implementation of a mining reclamation plan.

If a Letter of Authorization is granted, the Department may require an applicant to comply with best management practices, including one or more of the following: Conduct the regulated activity in a manner that does not pose any harm to a threatened or endangered species, or species in need of conservation, or alter or impair the critical habitat of these species; Properly maintain the structure or fill; Design the project to first avoid and then minimize any adverse impacts to the nontidal wetlands' existing topography, vegetation, fish and wildlife resources, and hydrologic conditions; Conduct the regulated activity in a manner that does not restrict or impede the: Movement of wildlife indigenous to the nontidal wetland or adjacent water; or Passage of normal or expected high water flow; Adhere to time of year restrictions as required by the MDE under COMAR 26.08.02; Avoid any disturbances in breeding areas for migratory waterfowl; Maintain the hydrologic regime of the nontidal wetland upstream, downstream or adjacent to the exempted activity; Remove excess fill or construction material or debris to an upland disposal area; Place materials in a location and manner which will not adversely impact surface or subsurface water flow into or out of the nontidal wetland; If backfill is obtained from sources other than the originally excavated material, use clean material free of waste metal products, unsightly debris, toxic material, or any other deleterious substance; Place heavy equipment on mats or suitably design the equipment to prevent damage to the nontidal wetlands; Repair and maintain any serviceable structures or fills in a manner that does not result in a substantial deviation from the plans or specifications of the original structure or fill. Minor deviations due to changes in materials or construction techniques, and which are necessary for repair and maintenance, are permitted; Restore any nontidal wetlands temporarily impacted by a proposed repair and maintenance activity; Repair and maintain any serviceable structures or fills so that there is no permanent loss of nontidal wetlands in excess of nontidal wetlands lost due under the original construction or fill; Conduct the activity in a manner that does not cause or contribute to a degradation of water quality as determined by the Department and MDE; For installation of utility lines, make post-construction grades and elevations of nontidal wetlands the same as the original grades and elevations. A proposed activity may not qualify for a Letter of Authorization if the Department determines that the activity: Does not qualify under Section 32-226; May result in significant individual or cumulative impacts to nontidal wetlands attributable to an entire and complete project; or Will not comply with the best management practices in Subsection (a). Activities of a similar nature. Applicants proposing to conduct repeated activities of a similar nature that may qualify for a Letter of Authorization may submit a single application to the Department. The department may issue a single Letter of Authorization for these activities. Activities may include: Structural repair and maintenance; or Work within rights-of-way.

The Department may require modification of a nontidal wetland permit to ensure compliance with this Ordinance. The Department may make modifications to a permit: Upon written request by the permittee; or When the rights of the permittee under the permit have not vested, and the Department: Receives new, relevant information; or Has amended the regulation under which the permit was issued. A permittee may apply for a permit modification of an unexpired permit. Modification requests shall be in writing and contain the following information: A description of the requested modification; A statement of the reasons and need for the requested modification; and A statement of the wetland and buffer impacts associated with the requested modification. An applicant shall provide additional information requested by the Department. Within 30 days of receiving a request for permit modification, or of receiving additional information, if any, the Department shall notify the permittee if the modification is major or minor and of its decision to grant, deny or condition the request. Within 15 days of receipt of notification, a permittee may request reconsideration of a complete or partial denial of a request to modify a permit. The reconsideration shall be conducted in conformance with Section 32-221(b) and (c). Minor Modifications. Minor modifications are changes to the original permit which do not constitute a significant departure from its terms and conditions, including: Correction of typographical errors; Changes in frequency of monitoring by the permittee; Changes of land ownership or permittee; Extension or reduction of the terms or conditions of the permit; Minor filed modifications, including substitution of comparable materials, structural realignments and sediment and erosion control corrections not affecting the design and performance of wetland protection measures or mitigation plans approved by the Department; and Relocation of the proposed project where the adverse impact is equal to or less than originally permitted. The Department may make minor modifications without notice or review. Major Modifications. Major modifications are changes to the original permit which constitutes a significant departure from its terms and conditions including changes in the scope of the project which result in a greater adverse impact than originally permitted. Major modifications are subject to the public notice and hearing procedures required for permit applications under Section 32-220(f) and (g). Major changes to the project may require reevaluation of the original permit approval. Notice to permittee of required modifications. The Department shall notify a permittee, in writing, if a modification to the permit or Letter of Authorization is required. Within 15 days of receipt of notification that a modification is required, a permittee may request reconsideration of the modification. The reconsideration shall be conducted in accordance with Section 32-221(b) and (c).

The Department may issue a temporary emergency nontidal wetland permit if: A threat to life, severe loss, or damage of property, or a threat to public safety or public work is imminent; and The anticipated threat, loss or damage may occur before a permit can be issued under the procedures otherwise required by this Ordinance. Permit requirements. The temporary emergency permit shall: Incorporate, to the greatest extent practical and feasible, the standards and criteria required for nonemergency regulated activities; Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; Require restoration of nontidal wetlands with temporary adverse impacts; Require mitigation for nontidal wetland losses pursuant to Section 32-230 through 32-234 of this Ordinance. Temporary Emergency Procedure. Not later than the next business day after beginning an emergency regulated activity, a temporary emergency permit shall be requested. A temporary emergency permit request may be made orally. However, the applicant shall submit a written request to the Department within three days of the oral request. The request in subsection (c)(2) shall include the: Applicant's name; Location of the emergency activity; Extent of work to be done; Anticipated adverse impact on nontidal wetlands; and Reason for the emergency. The temporary emergency permit may be granted orally or in writing. If oral approval is granted, the Department shall issue a written emergency permit within three (3) days of the approval. If oral approval is not granted, the Department shall issue a written temporary emergency permit within ten (10) days of the request if the temporary emergency permit is approved by the Department. The Department shall provide public notice and opportunity for comment on the issuance of a temporary emergency permit in a local newspaper of general circulation, not later than 15 days after the issuance of a permit. Upon written request by a permittee, the Department may extend the temporary emergency permit if more time is required to complete the work authorized or to restore the site. The Department may suspend or revoke a temporary emergency permit in conformance with Section 32-237. Work performed under a temporary emergency permit shall conform to conditions specified by the Department. A person shall apply for a nontidal wetland permit if: The person intends to conduct an additional regulated activity at the site which does not qualify for a temporary emergency permit; A temporary emergency permit is denied; Work authorized under a temporary emergency permit is conducted beyond the 90 day period under subsection (b)(2) without approval from the Department; or Mitigation is required under subsection (b)(4).

Exemptions. Mitigation or monetary compensation for nontidal wetland loss is not required for regulated activities that: Are exempted under Sections 32-225 and 32-226, except where specified; Do not result in a loss of nontidal wetlands; Occur only in the buffer or expanded buffer. Requirements. A permittee shall take all necessary steps to first avoid adverse impacts and then to minimize impact to nontidal wetlands. If the permittee demonstrates to the Department's satisfaction that losses of nontidal wetlands are unavoidable and necessary, the Department shall require the permittee to develop and implement mitigation. The Department shall require a permittee, as a condition of the permit, to mitigate or monetarily compensate for nontidal wetland losses caused by regulated activities not listed as exemptions in Subsection (a). The Department may waive some or all of the off-site mitigation requirements for up to one (1) acre of nontidal wetland lost for construction of special wastewater disposal facilities in a nontidal wetland on residential property. The waiver is conditioned upon the applicant siting the special wastewater disposal facility so as to first avoid and then minimize impacts to nontidal wetlands, and upon performance of on-site mitigation to the maximum extent practicable. The Department may reduce mitigation requirements if the regulated activity provides a significant environmental benefit of the proposed mitigation project and has a likelihood of success, as determined by the Department. The Department shall require a permittee to develop and submit a mitigation plan for review and approval. The plan shall be consistent with the following: Standards of Section 32-231; Plan requirements in Section 32-233; and Monitoring and bonding requirements in Section 32-232. The Department may accept monetary compensation only if it is determined that creation, restoration or enhancement of nontidal wetlands is not a feasible alternative. Monetary compensation shall only be accepted under specific conditions and shall be based on the fee structure guidelines described in Section 32-234. The Department may not base a final permit decision on the environmental benefits of a mitigation proposal or the financial benefits of monetary compensation proposals. If the Department denies approval of a mitigation plan and the permittee is aggrieved by the decision, the permittee may request reconsideration of the denial under the procedures of Section 32-221(b). The Department may order cessation of the permitted activity or interim stabilization measures, or rescind any other permits or approvals granted for the subject property, pending resolution of the request for reconsideration of the Department's decision. The Department may approve of mitigation bank sites in consultation with appropriate Federal, State and local agencies for the purpose of providing mitigation for identified projects. Mitigation bank sites for identified projects are required to meet the standards of Section 32-231(i) and (j) and the monitoring requirements of Section 32-232(a). Wetland bank sites will not obligate the County to issue a nontidal wetland permit for a future project that will cause nontidal wetland loss.

It is the goal of this Ordinance to attain a no net overall loss in nontidal wetland acreage and function, and to strive for a net resource gain in nontidal wetlands within Prince George's County. Achievement of the goal will occur through the regulatory components of this Ordinance and other County initiatives which incorporate nontidal wetland creation, restoration and enhancement projects outside of the regulatory framework. Mitigation standards shall be determined in part through the use of acreage replacement ratios. Acreage replacement ratios are expressed as a relationship between two numbers. The first number shall specify the acreage of nontidal wetlands to be mitigated, and the second shall specify the acreage of nontidal wetlands lost. The Department shall consider the mitigation requirement for replacing the loss of nontidal wetlands to be fulfilled when: The in-kind creation or restoration of nontidal wetlands meets the following replacement ratios: Emergent nontidal wetlands 1:1; Scrub-shrub nontidal wetlands 2:1; Forested nontidal wetlands 2:1; Emergent nontidal wetlands designated as Nontidal Wetlands of Special State Concern 2:1; Scrub-shrub nontidal wetlands designated as Nontidal Wetlands of Special State Concern 3:1; and Forested nontidal wetlands designated as Nontidal Wetlands of Special State Concern 3:1; or A minimum in-kind acreage replacement ratio of 1:1 has been met; and lost nontidal wetland functions have been replaced through additional creation, restoration or enhancement activities; or The Department has determined on an individual basis that enhancement is the only mitigation option, and has specified mitigation requirements which have been met by the permittee; The Department has specified mitigation requirements which have been agreed to and implemented by the permittee. The Department shall consider the mitigation requirements for replacing a loss of farmed nontidal wetlands to be fulfilled when the following replacement ratios have been met through: Enhancement of farmed nontidal wetlands 1:1; Creation or restoration of emergent, scrub-shrub, or forested nontidal wetlands 1:1. In order for enhancement activities to be acceptable for the replacement of lost nontidal wetland functions, the permittee may be required to: Perform a functional assessment based on site assessment techniques acceptable to the Department: and Identify how enhancement activities are to replace lost nontidal wetland functions. An enhancement activity may be accepted for replacement of lost nontidal wetland functions when the activity provides additional protection to, creates or improves the functions of, a nontidal wetland. Activities may include: Enhancement of farmed wetlands; Enhancement of degraded nontidal wetlands and buffers; Best management practices for agricultural activities; Creation of wildlife ponds approved by the Prince George's Soil Conservation District and MDNR; Purchase or preservation of upland buffers adjacent to existing, created, restored or enhanced nontidal wetlands; Purchase or preservation of existing nontidal wetlands; and Activities consistent with the plans and agreements to create or improve water-fowl habitats in Maryland. In determining if enhancement activities will replace lost nontidal wetland acreage and function, the Department shall consider the: Degree to which the enhancement activity replaces the functions of the lost nontidal wetland; Benefits of the enhancement activity in rehabilitating or maintaining the nontidal wetland; Scope and extent of the enhancement activity; Proximity of the enhancement activity to the nontidal wetland lost; Technical merits of the enhancement activity and its likelihood of long term success; Adverse impact of the enhancement activity on natural resources; Relationship of the enhancement activity to ongoing natural resource management activities; and Compatibility of the enhancement activity to ongoing natural resource management, if applicable. Mitigation projects shall be connected to existing nontidal wetlands, waterways or 100-year floodplains. Projects may be located on multiple parcels. Projects shall be located according to the following geographic location in order of preference, unless otherwise determined by the Department: On site; Off site, in a location approved under a Comprehensive Watershed management Plan; Off site, in a location identified in plans and agreements to create or improve waterfowl habitats in Maryland and approved by the Department and MDNR. Where the Department has determined, in consultation with other Federal, State, County and local agencies, that regional needs for nontidal wetland functions strongly justify the siting of mitigation projects, and the mitigation project is located: In the watershed where the nontidal wetland loss occurred; In the drainage basin where the nontidal wetland loss occurred; or Outside the drainage basin where the nontidal wetland loss occurred, preferably within the County. Mitigation projects for regulated activities in the Chesapeake Bay Critical Area shall be located in the Critical Area according to Subsection (h)(1)—(3); Siting Within Geographic Locations. In selecting sites, a permittee shall pursue mitigation projects on upland sites which have undergone significant human disturbances. A permittee shall avoid, whenever possible, siting mitigation projects on: Forested lands; Lands used for dredge disposal, mine refuse or other purposes where contamination problems may exist; or Lands which are existing or potential habitat for plant or animal species: Listed as endangered or threatened by the U.S. Fish and Wildlife Service; Listed as endangered or threatened or species listed as in need of conservation by the Department and MDNR; or Considered as a candidate for listing by the U.S. Fish and Wildlife Service, or considered to be locally unusual or rare by the Department and MDNR. Project Standards. The permittee shall successfully implement the approved mitigation plan within the time period specified by the Department based on the mitigation plan. Created or restored nontidal wetlands shall meet the following plant survival criteria: After five (5) years greater than 85 percent of the site shall be vegetated by planted species approved by the Department or by a species composition agreed to by the Department; Allowances shall be made for natural species changes as long as the plant communities are similar to those lost; and After five (5) years, the nontidal wetland shall be dominated by native or adaptive vegetation. In the case where a permittee has proposed the use of natural re-vegetation as part of the creation, restoration or enhancement of the project, greater than 85 percent of the site shall, after five (5) years, be: Vegetated by species similar to those that are found in the nontidal wetland area that was lost or by a species composition agreed to by the Department; and Dominated by native or adaptive vegetation. In the case where the nontidal wetland was dominated by exotic or nuisance plants, the Department shall accept out-of-kind mitigation. The Department may not approve mitigation plans that include exotic or nuisance plant species. Protection Mechanisms. The permittee shall provide mechanisms to assure the protection of created, restored or enhanced nontidal wetlands in perpetuity. This may be achieved through protection mechanisms, including: Deed restrictions; Conservation easements; Deeding the created, restored or enhanced nontidal wetland to an organization or public agency capable of protecting the area in perpetuity; or Restrictive covenants. Any protection mechanism under subsection (1) above shall include the following provisions: Language granting the Department, or any successor agency, access to the mitigation site for inspections during the construction and monitoring period of the mitigation project, if the permittee forfeits a bond and the Department decides to complete the construction of the mitigation project; In the case of an easement agreement, language allowing assignment of a permittee's interest under the easement agreement to the Department, if the bond is forfeited and the Department decides to complete construction of the mitigation project; An absolute prohibition on the draining, dredging, removal or filling of the created nontidal wetland site; and Language that the restriction is perpetual, binding on the grantor's personal representative, heirs, successors and assigns and runs with the land.

Monitoring of Mitigation Projects. The permittee shall submit to the Department annual monitoring reports, on dates to be specified by the Director, for five (5) years from the completion of the construction of the mitigation project unless the permittee has received written notice from the Department that the monitoring requirements have been fulfilled in less than five (5) years. Through written notification to the permittee, the Department may extend the required monitoring period for not more than an additional three (3) year period if the mitigation project fails to comply with Section 32-231(k). Annual monitoring reports submitted to the Department shall include the following information: A description of how the mitigation project meets the mitigation project standards in Section 32-231(k); Photographs of the mitigation project; The commercial source of planting stock whenever planting is required; A description of any midcourse corrections which have been taken, or need to be taken, to implement the mitigation plan or a component thereof to meet the standards of Section 32-231(k); and An "as-built" site design plan. The Department reserves the right to inspect the mitigation project at any time during its construction, during the required monitoring period, and at any time after that to assess the long term viability of the mitigation project. The permittee shall consider monitoring requirements fulfilled only upon receipt of written notice from the Department. Bonding. This Subsection does not apply to agencies of any Federal, State, County or Municipal government. Within sixty (60) days of the Department's approval of Phase II of the mitigation plan, a permittee shall file with the Department a surety bond on a form to be prescribed and furnished by the Department. The surety bond shall be payable to the Prince George's County Government and conditioned upon the successful completion of construction of the mitigation project according to an approved mitigation plan. Upon approval by the Director and the County Attorney, the Department may accept one of the following alternative forms of security: A deposit of cash or negotiable bonds of the U.S. Government having a market value equal to the acceptable bond amount accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture; A certificate of deposit equal to the required bond issued by a bank in the State of Maryland and accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture; or An irrevocable letter of credit that is equivalent to the required bond issued by a bank or financial institution organized or authorized to do business in the State of Maryland that expressly states that the total sum is guaranteed to be available and payable directly to the County on demand in the event of forfeiture. The irrevocable letter of credit may not expire until all mitigation and monitoring requirements have been fulfilled to the Department's satisfaction. Upon approval by the Director and the County Attorney, the Department may accept the following alternatives to posting a surety bond before work is begun under a permit: The grant to the Department, in trust, of a deed, by an easement or other interest in upland property owned by the permittee, that has at least the same monetary value as the selected mitigation site. Fulfillment of mitigation requirements before the permitted activity results in a loss of nontidal wetlands. The Department shall obtain possession of, and keep in custody; all alternative forms of security deposited by the permittee under subsection (b)(4)(A) through (C) until authorized for release. All alternative forms of security may not expire until construction of the mitigation project has been successfully completed pursuant to the approved mitigation plan, as may be modified under Section 32-233(c). The amount of the bond shall be set at $20,000 per acre of nontidal wetland mitigation required under the permit. For permits that will impact less than one (1) acre, but no less than one-quarter acre of nontidal wetlands, the bond shall be set at $5,000 per one-quarter acre. The permittee may request the Department to reduce the required bonding amount based on estimated or actual costs of the mitigation project and any other relevant information. In no event may the amount of security required be less than the total costs of the mitigation requirements, taking into account the following: Number of acres to be mitigated; The cost of land in the area of the mitigation site; The proposed method of mitigation; and Any other relevant factors, including reduction of the bond amount for projects with a high likelihood of success. Liability under the bond shall continue until all mitigation and monitoring work has been successfully completed, and the work has been accepted as final by the Department. A bond or other alternative form of security shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity to provide a substitute bond or other security which will be effective on the cancellation date in the notice. The amount of the bond posted by a permittee may be adjusted by the Department based on the actual costs of the mitigation design plan or if the cost of future mitigation work changes. The Department shall notify the permittee of any proposed bond adjustment and provide an opportunity for an informal conference on the adjustment. A permittee may request reduction of the bond amount upon submission of evidence to the Department that proves the costs to complete the mitigation plan have been reduced. Such requests shall be considered as a request for a partial bond release. The surety bond shall be fully or partially released to the obligee upon receipt of written notice from the Department which states that all mitigation requirements have been satisfactorily fulfilled or that a partial release is appropriate under subsection (b)(9). The written notice for a full bond release shall be sent at the end of the required five (5) year monitoring period, a lesser monitoring period as described under subsection (a)(1), or the extended monitoring period as described under subsection (a)(2). Bond Forfeiture. The bond or other instrument securing compliance with a permit may be subject to forfeiture upon: Revocation of a nontidal wetland permit; Failure of the permittee to comply with an administrative order; or Failure to comply with any element of the approved mitigation plan and an approved modification. The Department shall notify the permittee and the surety or other financial institution in writing, by certified mail, of its intention to initiate forfeiture proceedings. The permittee shall have 30 days from receipt of the notice of forfeiture to show cause why the bond or other instrument should not be forfeited. If the permittee fails to show cause, the bond or other instrument shall be forfeited. On showing cause, the Department shall provide for a reasonable time for the permittee, surety or other financial institution, to correct the problem. If the permittee fails to show cause, the bond or other instrument shall be forfeited nisi and the Department shall notify the permittee, surety or other financial institution, of the forfeiture. If a showing of an intention to correct the problem in compliance with the mitigation project is not submitted to the Department within 30 days from forfeiture nisi, the bond or other security shall be forfeited absolute. To avoid double bonding, the Department shall work with an applicant required to post bond under other Department programs requiring a bond. A permittee may not conduct a regulated activity in a nontidal wetland if the permittee previously forfeited any bond or alternate security under this Ordinance, unless the permittee repays the Department the cost of completing the mitigation project in excess of the forfeited bond or alternative security plus interest at the rate set in the Courts and Judicial Proceedings Article, Section 11-107(a), Annotated Code of Maryland. If the mitigation project is still not completed, the permittee shall complete the mitigation project at its expense according to the approved mitigation plan and any approved modifications

Phase I Mitigation Plan. A permittee shall submit a Phase I Mitigation Plan as part of the nontidal wetland permit application. Phase I Mitigation Plans shall include all of the following information: Names, addresses and telephone numbers of the principals associated with project implementation; A proposal, if applicable, to use monetary compensation consistent with Section 32-221 to fulfill mitigation requirements; A photograph and description of the type and acreage of the proposed nontidal wetland losses; A description of the activity causing the nontidal wetland loss; A description of mitigation projects proposed to fulfill the required replacement of nontidal wetland acreage and/or functions. The description shall include a project location map, showing the geographic relationship between the area of proposed nontidal wetland loss and the proposed mitigation site or sites; and A description of the site selection process and a justification of the selection of the proposed mitigation site based on Section 32-231(h) and (j); A description of the selected protection mechanisms required in Section 32-231(1). The Department shall render a decision concerning the acceptability of the Phase I Mitigation Plan as part of the final permit decision. In rendering a decision on the Phase I Mitigation Plan, the Department shall provide guidance to the applicant on the content, timing and necessity of proceeding with the Phase II Mitigation Plan. Phase II Mitigation Plan. A permittee may submit the Phase II Mitigation Plan as part of the permit application. Unless otherwise determined by the Department, the Phase II Mitigation Plan shall be submitted within three (3) months of the Department's final permit determination. The design plan shall include all of the following information: Plan view scaled drawings prepared by a licensed surveyor or engineer that include: A vicinity map showing the project location, existing land use and zoning; The location, type and acreage of proposed nontidal wetland mitigation activities; The location of proposed stockpile areas; The location of proposed sediment and erosion control devices; The location of all areas to be used to store machinery, equipment or supplies; The proposed source of borrow materials; The proposed location, spacing and type of propagules for each plant species; and Other information pertinent to a Phase II Mitigation Plan as required by the Department; Cross section drawing showing existing and proposed final site conditions including grade, elevation and slope; Description of how enhancement activities will replace lost nontidal wetland acreage and functions; If applicable, a description of how the enhancement of farmed nontidal wetlands will replace lost nontidal wetland acreage and function; Construction schedule, which includes estimated start and completion dates; Hydrology, which includes: Estimated elevation of surface and groundwater, as measured from the soil surface, bimonthly from November to May and monthly from June to October; The source of the water, such as precipitation, surface water, or ground-water, over various seasons of the year; The reliability of the hydrologic sources throughout various seasons of the year; and Relevant precipitation data; Substrate conditions, including a description of: Existing soil and substrate conditions; and Soil and substrate amendments needed to meet hydric soil characteristics and maintain the specified plant species; Vegetation to be planted, including all of the following: The scientific and common name of plant species. All plants shall be native or adaptive to the State; Planting dates for each species according to propagation methods; and Planting stock fertilizer requirements for the entire five (5) year monitoring period; A five (5) year monitoring schedule establishing responsibility for the removal of exotic and nuisance vegetation, and permanent establishment of the nontidal wetland system and its component parts. The Department shall encourage the permittee to provide for the long-term maintenance and monitoring of mitigation sites beyond the required monitoring period; A detailed budget of the proposed mitigation project costs, including: Land acquisition; and Design, which includes construction, monitoring and maintenance; A description of protection mechanisms required in Section 32-231(1). The permittee shall present evidence of a legal right to implement the proposed mitigation plan on the selected site by providing: An executed deed conveying title of the selected site to the permittee; An executed conservation easement agreement; Written evidence of the landowner's consent for use of the selected site; A fully executed option agreement, long-term lease agreement, sales contract for the selected site; or Other written evidence of a possessor ownership interest in the selected site. The Department may waive all or part of the requirements of a Phase II Mitigation Plan. The Department may not release a bond or terminate monitoring without receipt of a legally binding deed, long-term lease, or conservation easement on those lands where mitigation will occur. The Department shall render a decision concerning the acceptability of the Phase II Mitigation Plan within 45 days of receipt of a completed plan, unless a final permit decision has not been made. If the Department fails to notify the applicant within the 45 day period, the plan shall be considered acceptable unless a final permit decision has not been made. Mitigation Plan Modification. The Department may require, and a permittee may request, modifications to an approved mitigation plan or component during construction to ensure compliance with this Ordinance. Modification, substitution, or other deviations from an approved mitigation plan or component may not be made without approval under this Section. A modification request may be made orally and followed up in writing. A written request shall contain the following information: The name of the permittee; Location of the mitigation project; A description of proposed modification; and A justification for the modification. The Department's decision may be given orally or in writing. The Department shall notify a permittee of its decision within ten (10) days of a written request. If an oral decision is made, the Department shall confirm its decision, in writing, within ten (10) days. The Department's decision, whether oral or written, is binding on the permittee.

The Department may accept monetary compensation if it determines that mitigation for nontidal wetland loss is not a feasible alternative. Monetary compensation may not be suitable for the requirement to first avoid adverse impacts and then to minimize nontidal wetland losses. When a permittee maintains that mitigation is not a feasible alternative based on the requirements of Subsection (c), the permittee shall propose that the Department accept monetary compensation. A proposal for acceptance of monetary compensation shall be submitted as part of a Phase I Mitigation Plan. Monetary compensation may be accepted under one or more of the following circumstances: The size of the nontidal wetland loss is less than one (1) acre; In-kind mitigation is technically not feasible; or An acceptable mitigation site cannot be located within the County. The permittee shall demonstrate compliance with Section 32-231, including submission of the following information: Number of sites evaluated. A minimum of seven (7) sites is required; A map and description of sites rejected; Justification of why each site was unsuitable for mitigation; and Other information required by the Department; The Department recommends use of the compensation fund. Monetary compensation proposals may be rejected if the Department determines that: Mitigation requirements can be fulfilled on-site; or Conditions in Subsection (c) are not fulfilled. The Department shall render decisions on proposals to accept monetary compensation based on subsection (b) as part of a final permit decision. The Nontidal Wetland Compensation Fund shall include: Monetary compensation paid by a permittee instead of engaging in the creation, restoration or enhancement of nontidal wetlands; Civil or criminal penalties imposed by a court pursuant to Sections 32-236 or 32-237; and Other monetary contributions to the fund from other sources. Funds in the Nontidal Wetland Compensation Fund may only be used for the creation, restoration or enhancement of nontidal wetlands. This includes the location and acquisition of land, design, construction, monitoring, maintenance and the development of mitigation plans. The Department may base monetary compensation on anticipated costs for development and construction of mitigation projects, including location and acquisition of land, design, maintenance and monitoring costs. The Department may use the following to determine costs: Land acquisition costs derived from fair market value of the converted nontidal wetland by the permittee, based on at least two independent appraisals or other evidence of land value which may be acceptable to the Department; Design costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity that have been completed by other permittees or the Department; Construction costs derived on a case by case basis, taking into account the following factors: Nontidal wetland type, size and functions; Amount of planting, grading and other site preparations; and Costs of similar mitigation projects completed by other permittees or the Department; and Monitoring and maintenance costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity completed by other permittees or the Department. Funds credited, and any interest accrued, to the Nontidal Wetland Compensation Fund shall remain available until expended, and may not revert to the General Fund or to the Stormwater Enterprise Fund. The Department shall prepare an annual report by the end of the County's fiscal year on the Nontidal Wetland Compensation Fund that includes an accounting of: Financial receipts and expenditures to and from the fund; and Mitigation projects completed and in progress. The Department shall provide a copy of the annual report to the County Council, MDNR, and make it available to the general public.

The buffer for nontidal wetlands with adjacent areas containing steep slopes or highly erodible soils shall be expanded to 100 feet. Nontidal Wetlands with Steep Slopes and Highly Erodible Soils. The following criteria may be used by the Department in designating nontidal wetlands with steep slopes or highly erodible soils: Slopes immediately adjacent to the nontidal wetlands in excess of 15 percent; or Soils adjacent to a nontidal wetland with an erodibility factor greater than 0.35 as determined by the Prince George's Soil Conservation District. Specific nontidal wetland sites with steep slopes and highly erodible soils identified by the Department shall be designated by regulation.

Enforcement Authority. The Department shall have the duty and means of enforcing all regulations of this Ordinance. Inspection and Complaints. The Department shall conduct an Enforcement Program to assure continuing compliance with this Ordinance. The Department shall conduct inspections and file reports for periodic inspections as necessary during the construction of permitted projects and approved mitigation plans to assure compliance with the permit or the Letter of Authorization. The Department shall perform a final inspection upon completion of the permitted project and mitigation plans approved by the Department. The final inspection will determine if the completed work has been constructed in accordance with the permit, the Letter of Authorization, or the approved mitigation plan. In addition to all other remedies provided by State or County law, the County Attorney, on behalf of the Department, may institute injunction, mandamus or other appropriate action. Violations and Penalties. The Department may revoke a permit for cause including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or a change in conditions. The Department shall notify the violator, in writing, and provide an opportunity for a hearing. The Department may issue a Stop Work Order against any person who, or project that, violates any provision of this Ordinance, or any regulation, order, or permit under this Ordinance, related to a regulated activity. A person who violates any provision of this Ordinance, or any rule, regulation, order or permit under this Ordinance is liable for the penalties set forth in subsection (c)(4) below, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection. A person who violates any provision of, or fails to perform any duty imposed by, this Ordinance, or by a rule, regulation, order, or permit under this Ordinance, is guilty of a misdemeanor and, on conviction, is subject to: For a first offense, a fine not to exceed $10,000; or For a second offense or subsequent offense, a fine not to exceed $25,000. All enforcement fines, fees and bond forfeitures collected will be credited to the Nontidal Wetland Compensation Fund as described in Section 32-234.

Grounds for Permit Suspension or Revocation. The Department may suspend or revoke a Unified Nontidal Wetland Permit, after written notice to the permittee, if the Department determines that any of the following has occurred: The permittee has failed to post the bond required under Section 32-232(b); The permittee has failed to comply with the requirements of an administrative action or order under this Ordinance or for a violation of this Ordinance; The permit application misrepresented or failed to disclose a relevant or material fact; The requirements of the permit have been violated; There has been substantial deviation from the plans, specifications or requirements of the permit or the Letter of Authorization; The permittee has prevented a representative of the Department from entering the activity site to make reasonable inspections; or The permittee's rights under the permit have not vested and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension. Written notice. Except as provided for under Subsection (d), Emergency Action, the Department may not suspend or revoke a nontidal wetland permit or Letter of Authorization unless the Department notifies a permittee of the suspension or revocation by certified mail. The notice shall include: The specific facts that warrant the suspension or revocation; and An opportunity for the permittee to appeal the action. Hearings. Upon receipt of written notice to suspend or revoke a permit, the permittee shall have ten (10) days to request a contested case hearing. A hearing under this Subsection shall be conducted according to Section 32-221(c). If the Department does not receive a request for a hearing, the permit shall be revoked or suspended. Emergency Action. The Department may order the immediate suspension or revocation of a permit or Letter of Authorization if the Department: Finds that public health, safety or welfare requires the emergency action; and Promptly gives the permittee written notice of the emergency action. A notice of emergency action shall include a statement of: The specific facts upon which the emergency action is based; and The permittee's opportunity to be heard in accordance with subsection (c).

The Department shall submit an annual report to MDNR that evaluates the administration of the program, coinciding with the State fiscal year. The report shall include the following information: Number of permits issued, modified and denied; Types of activities; Location of activities; Number of violations identified plus the number and nature of enforcement actions taken; Comments from the regulated community and members of the public, including copies of any written complaints about the County's administration of the program; Acreage totals of nontidal wetland losses by type; Mitigation actions, including acreage totals of mitigation projects by type of project; Examples of minimization efforts; Number of conditioned exemptions granted and nontidal wetlands lost as a result; and A report on the Department's Nontidal Wetland Compensation Fund in accordance with Section 32-234.

Maps of areas designated as Nontidal Wetlands of Special State Concern shall be maintained by the Department and MDNR and available for public review. Areas designated in Prince George's County as Nontidal Wetlands of Special State concern are: Site Name U.S.G.S. Quad Name (1) Beck Woods Laurel (2) Belt Woods Lanham (3) Beltsville Airport Bog Laurel (4) Beltsville Bottomland Forest Laurel/Beltsville (5) Beltsville Forest and Meadow Laurel (6) Beltsville Seasonal Pond Laurel (7) Buck Lodge Road Bog Beltsville (8) Chews Lake Bristol (9) Fort Ravine Mount Vernon (10) Johnson's Gully Mount Vernon (11) Huntington Park Woods Laurel (12) Magruder Ferry Seep Lower Marlboro (13) Mockley Swamp Mount Vernon (14) Patuxent Maple Swamp Bowie (15) Patuxent W.R.C. Laurel (16) Route I-95 Bog Beltsville (17) Southwest Branch Bottomland Forest Lanham/Upper Marlboro (18) Suitland Bog Anacostia (19) Upper Patuxent Marshes Natural Heritage Area Bristol (20) Watkins Regional Park Mitchellville (21) Zekiah Swamp Brandywine