# Environment (GEN)

## Title 1. Definitions; General Provisions; Enforcement

### Subtitle 6. Public Participation in the Permitting Process

#### Section 1-606

(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 Sec. 16-202 of this article.

(b) This section applies to:

  (1) A permit listed under Sec. 1-601(a) of this subtitle;

  (2) A permit listed under Sec. 5-204(f) of this article; or

  (3) A license issued under Sec. 16-202 of this article.

(c) Any judicial review of a determination provided for in accordance with Sec. 1-601 of this subtitle or Sec. 5-204 or Sec. 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.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)