§ 1–606
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 1-606 (2026)
Title 1. Definitions; General Provisions; Enforcement
Subtitle 6. Public Participation in the Permitting Process
§ 1–606LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Board” means the Board of Public Works.
(3)
“License” means a license under § 16–202 of this article.
(b)
This section applies to:
(1)
A permit listed under § 1–601(a) of this subtitle;
(2)
A permit listed under § 5–204(f) of this article; or
(3)
A license issued under § 16–202 of this article.
(c)
Any judicial review of a determination provided for in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be limited to a record compiled by the Department or Board, consisting of:
(1)
Any permit or license application and any data submitted to the Department or Board in support of the application;
(2)
Any draft permit or license issued by the Department or Board;
(3)
Any notice of intent from the Department or Board to deny the application or to terminate the permit or license;
(4)
A statement or fact sheet explaining the basis for the determination by the Department or Board;
(5)
All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board;
(6)
All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license;
(7)
All comments submitted to the Department or Board during the public comment period, including comments made on the draft application;
(8)
Any tape or transcript of any public hearings held on the application; and
(9)
Any response to any comments submitted to the Department or Board.
(d)
(1)
When a draft permit or license or tentative determination is issued, the Department or Board shall:
(i)
Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued:
(1)
All permit or license applications;
(2)
Documents submitted with a permit or license application;
(3)
All documents relied on in making the tentative determination; and
(4)
A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and
(ii)
Extend the public comment period by 60 days on request by a person.
(2)
A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be:
(i)
Submitted in writing; and
(ii)
Made before the expiration of the original comment period.
(3)
A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.