In this section the following words have the meanings indicated. “Living shoreline” means a project to mitigate the effects of erosion caused by shoreline flooding or inundation, currents, and wave energy through project design that: Stabilizes a shoreline by using natural materials to create buffers to absorb the impact of coastal storms, flooding, and wave energy and to prevent or minimize shoreline erosion; Incorporates as many natural elements as possible to ensure a substantial biological component, such as native or tidal wetlands, oyster reefs, submerged aquatic vegetation, or native plants; Utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization; and To the extent possible, maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters. “Living shoreline” includes the use of: Natural elements such as sand, wetland plants, woody debris, oysters or other shellfish, submerged aquatic vegetation, native grasses, shrubs, trees, or other biodegradable materials as approved by the Department; and Where appropriate, structural elements channelward of the mean high water line, such as stone, concrete, oyster domes, or other approved engineered structures. “Living shoreline” may include nonstructural stabilization measures. “Nonstructural shoreline stabilization measure” means an erosion control measure that is: Dominated by tidal wetland vegetation; and Designed to preserve the natural shoreline, minimize erosion, and establish aquatic habitat. “Nonstructural shoreline stabilization measure” includes marsh or other tidal wetland construction. A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the person’s ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front of the land to preserve that person’s access to the navigable water or, subject to subsection (d) of this section, protect the shore of that person against erosion. After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached. A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land. The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978. This subsection applies only to a shoreline stabilization project for which any portion of the project is in an area that is not designated as appropriate for structural shoreline stabilization measures by Department mapping. Improvements to protect a person’s property against erosion shall consist of a living shoreline or nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except in areas where the person can demonstrate to the Department’s satisfaction that such measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures. Subject to subparagraph (ii) of this paragraph, in consultation with the Department of Natural Resources, the Department shall adopt regulations to implement the provisions of this subsection. Regulations adopted by the Department under subparagraph (i) of this paragraph shall: Include a waiver process that exempts a person from the requirements of paragraph (2) of this subsection on a demonstration to the Department’s satisfaction that a living shoreline or nonstructural shoreline stabilization measures are not feasible for the person’s property; and Require the Department, as part of its evaluation of waiver requests, to: On request of the property owner and unless another amount of time is agreed to with the property owner, visit the site of the proposed project within 45 days after the date of the waiver request; and Provide the local soil conservation district with written notice of the waiver request and provide the district the opportunity to make recommendations within 15 days after receipt of the written notice on the acceptance of or modifications to the waiver request. The Department, in consultation with a licensed marine contractor, shall develop a scoring system to evaluate waiver requests under this section. The scoring system developed under paragraph (1) of this subsection shall include: The factors the Department will consider in evaluating a request; The relative weight of each factor; and The minimum score that a project must receive to demonstrate to the Department’s satisfaction that a living shoreline or nonstructural shoreline stabilization measure is not feasible for the person’s property. The Department shall publish the scoring system developed under this subsection on the Department’s website. Nothing in this subsection may be construed to limit the discretion of the Department to grant a waiver to a project that does not receive a minimum score.

A person may not dredge or fill on State wetlands without a license. To apply for a license, the applicant shall submit a delineation of the affected tidal wetlands and all other information required by the Department. Subject to paragraph (3) of this subsection, within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and whether the delineation is correct. Subject to paragraph (3) of this subsection, if the Department fails to notify the applicant about the application or delineation within 45 days, the delineation shall be treated by the Department as correct, and the application shall be treated as complete. Upon written notice to the applicant, the Department may provide for an extension of the deadline under this subsection if the following extenuating circumstances prevent consideration of the application: Inclement weather conditions; A review is required by a federal, State, or local government agency; or A request is made by an applicant. Subject to paragraph (2) of this subsection, once the application is complete in accordance with subsection (c) of this section, the Department shall grant, deny, or condition a license within 45 days if: The application is not subject to public notice and hearing requirements under subsection (g) of this section; or The application does not require an action by the Board. Upon written notice to the applicant, the Department may provide for a 30–day extension of the deadline under this subsection for the following extenuating circumstances: A review is required by a federal, State, or local government agency; or A request is made by an applicant. Once the application is complete under subsection (c) of this section, the Department shall issue public notice of an opportunity to submit written comments or to request a hearing in accordance with § 5–204(b) through (e) of this article. A hearing requested under paragraph (1) of this subsection shall be held within 45 days of the hearing request, unless extenuating circumstances justify an extension of time. The hearing that may be requested under this subsection is not a contested case hearing under Title 10, Subtitle 2 of the State Government Article. The Secretary shall assist the Board in determining whether to issue a license to dredge or fill State wetlands. The Secretary shall submit a report indicating whether the license should be granted and, if so, the terms, conditions, and consideration required after consultation with any interested federal, State, and local unit, and after issuing public notice, holding any requested hearing, and taking any evidence the Secretary thinks advisable. Upon receipt of a report by the Secretary, the Board shall decide if issuance of the license is in the best interest of the State, taking into account the varying ecological, economic, developmental, recreational, and aesthetic values each application presents. If the Board decides to issue the license, the issuance of the license shall be for consideration and on terms and conditions the Board determines. Every license shall be in writing. With respect to an application for a license to fill or construct a shore erosion control structure other than riprap on State wetlands, the Board may issue the license without public notice if the fill area is less than 300 feet in length parallel to the fast land as close to the fast land as structurally feasible but not more than 10 feet channelward of the mean high water line and if after a site visit the report of the Secretary recommends that the license be granted. The Board may issue a license without public notice where an emergency exists caused by act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice. However, the license may be granted by the Board only with the concurrence of the Secretary. The Secretary shall provide prompt public notice of the emergency license issuance and the opportunity to submit written comments or to request a hearing to determine whether the emergency license shall be revoked or made permanent. If a hearing is requested, the hearing shall be scheduled within 30 days of the emergency issuance of the license. If the report of the Secretary recommends that a license be granted, the Board may issue the license without public notice: To fill or construct a shore erosion control structure of riprap on State wetlands if the fill area is less than 500 feet in length parallel to the fast land as close to the fast land as structurally feasible but not more than 10 feet channelward of the mean high water line; To repair or replace a bulkhead for the purpose of shore erosion control where the bulkhead is presently functional, but is deteriorating or damaged, provided that the repair or replacement structure does not extend more than 18 inches channelward of the existing structure. Repair or replacement may include riprap placed along the base of the bulkhead, provided that the riprap shall not extend more than 10 feet channelward of the bulkhead; To fill near shore shallow water bottom extending no more than 35 feet channelward of the mean high water line provided the fill area is less than 500 feet in length parallel to the fast land for the purpose of shore erosion control by landscaping and wetland plant establishment; To construct or repair a private noncommercial boat ramp provided the ramp does not exceed 12 feet in width and extend more than 30 feet channelward of the mean high water line; or To maintenance dredge a mooring, private or commercial boat ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of material nor an area greater than 1,500 square feet need to be dredged. With respect to the maintenance dredging of projects in State wetlands for which a license is to be issued, the license may include provision for periodic maintenance dredging if recommended by the report of the Secretary provided that the maintenance dredging be effected: Within the area, depth, and in conformity with other limitations contained in the license; That no more than 500 cubic yards of material be dredged at each maintenance dredging to restore licensed works; That the material from maintenance dredging be deposited upon the designated or other upland site approved by the Secretary; and That the Secretary be notified and approve of each maintenance dredging operation. The provisions for periodic maintenance dredging under paragraph (4) of this subsection shall be effective for no more than 6 years beyond the date of issuance of the license. If the licensee desires to continue maintenance dredging beyond the expiration date authorized in paragraph (5) of this subsection, the licensee must obtain a new license by submitting an application to the Board for review in accordance with the procedures of this section. The provisions of this section do not apply to any operation for: Dredging and filling being conducted as of July 1, 1970, as authorized under the terms of an appropriate permit or license granted under the provisions of existing State and federal law; Dredging of seafood products by any licensed operator, harvesting of seaweed, or mosquito control and abatement as approved by the Department of Agriculture; Improvement of wildlife habitat or agricultural drainage ditches as approved by an appropriate unit; Routine maintenance or repair of existing bulkheads, provided that there is no addition or channelward encroachment; Aquaculture activities occurring under a lease issued by the Department of Natural Resources under Title 4, Subtitle 11A of the Natural Resources Article; or Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier. Subject to paragraph (3) of this subsection, the Board may not approve a license or an amendment to a license authorizing the dredge material deposited in the Hart–Miller Island Dredged Material Containment Facility to exceed an elevation of: 44 feet above the mean low water mark in the north cell; and 28 feet above the mean low water mark in the south cell. Subject to paragraph (3) of this subsection, on or after January 1, 2010, the Board may not approve a license or an amendment to a license authorizing the deposit of dredge material at the Hart–Miller Island Dredged Material Containment Facility. In this paragraph, “large redevelopment site” has the meaning stated in § 4–101.1 of this article. Notwithstanding any other law, on or before December 31, 2027, the Board may approve a license or an amendment to a license authorizing the deposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility if: The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and The person undertaking the dredging project has, after consultation with the Hart–Miller–Pleasure Island Citizens Oversight Committee, entered into an enforceable community benefits agreement, in accordance with § 5–1103(b)(3)(iii)2 of this article.

Notwithstanding any other provision of law, a landowner shall be exempt from all local permit requirements to perform routine maintenance and repair of a bulkhead.

Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board. A party has standing to file a petition under subsection (a) of this section if the party: Meets the threshold standing requirements under federal law; and Is the applicant; or Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. A contested case hearing may not occur on a decision of the Board in accordance with § 16–202 of this subtitle. Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.

The Board may require as a condition to issuance of a wetlands license that compensation be made to the State, of a kind and in an amount deemed appropriate by the Board. The Board shall establish a compensation rate for cables, pipelines, or similar structures in accordance with this subsection. The minimum compensation rate: Is $2.50 per linear foot per year for cables, pipelines, or similar structures; Applies to each individual cable, pipeline, or similar structure; and Applies to all new and existing authorizations beginning July 2, 2012. The Board may: Increase the compensation rate as considered appropriate; and Adjust the compensation rate to reflect changes in the Consumer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor or by an appropriate method selected by the Board. The Board shall establish an annual compensation rate for nonwater–dependent projects authorized under § 16–104(b)(2) of this title. The Board shall assess an annual compensation rate for a nonwater–dependent project that is: Based on the most recent data provided by the State Department of Assessments and Taxation in the assessment record for the real property to which the nonwater–dependent project is attached; and Computed by: Multiplying the total square footage of the nonwater–dependent project by a fraction, the denominator of which is the total square footage of the land area of the real property to which the nonwater–dependent project is attached, and the numerator of which is the assessed land value of the real property to which the nonwater–dependent project is attached; and Multiplying the rate calculated under item 1 of this item by a percentage considered appropriate by the Board not to exceed 100%. In determining the appropriate percentage under paragraph (2)(ii)2 of this subsection, the Board may consider: The extent to which the nonwater–dependent project is used on a seasonal or year–round basis; The extent of the economic impact of the nonwater–dependent project on the local jurisdiction; The nature and extent of the environmental impact of the nonwater–dependent project; The extent to which the nonwater–dependent project and, if applicable, its roof or covering, are permanent or temporary; Any history of violation of this title by the licensee; Any real property lease rates for the area for a commercial activity similar to the licensee’s or any real property appraisals obtained by the licensee; and Any other factor that the Board considers relevant. The Board may periodically recalculate the annual compensation rate to reflect: Any change to the data provided by the State Department of Assessments and Taxation under paragraph (2)(i) of this subsection; or A change in any factor the Board considers under paragraph (3) of this subsection. Monetary compensation received by the State in conjunction with a wetlands license may not be applied to the State Annuity Bond Fund Account. There is created a special fund, known as the Tidal Wetlands Compensation Fund. The following money shall be deposited in the Tidal Wetlands Compensation Fund: Any monetary payment by a licensee in lieu of creating, restoring, or enhancing tidal wetlands that is required by the Department or the Board as a condition of a permit or license; Any penalty imposed by a court in accordance with this title; and Any penalty imposed by the Department under this title. Funds in the Tidal Wetlands Compensation Fund may be appropriated only for the creation, restoration, or enhancement of tidal wetlands, including: Acquisition of land or easements; Maintenance of mitigation sites; Purchase of credits in mitigation banks; Management of invasive or nuisance species identified by the Department; Cost sharing assistance to landowners in the management and control of phragmites under Title 8, Subtitle 21 of the Natural Resources Article; and Contractual services necessary to accomplish the intent of this subsection. Funds credited and any interest accrued to the Fund: Shall remain available until expended; and May not revert to the General Fund under any other provision of law. All monetary compensation paid to the State in conjunction with a wetlands license other than that specified under subsection (e)(2) of this section shall be deposited in the Wetlands and Waterways Program Fund established under § 5–203.1 of this article.