Sec. 32-227. Best Management Practices for Letters of Authorization

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:

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.

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).

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: