There is a Water and Science Administration in the Department. The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget. Subject to the Secretary’s authority as provided in Title 1 of this article, the Administration’s staff shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article. The Secretary shall designate the appointing authority for the Administration.

The Department has general supervisory power, regulation, and control over the water resources of the State within the boundaries of the tidal waters as provided in this article. The Department shall exercise to the fullest extent possible the State’s responsibility for its water resources by planning and supervising multiple purpose development and conservation of the waters of the State for the State’s best interests and benefit. The Department shall develop a general water resources program which contemplates proper conservation and development of the waters of the State, in a manner compatible with multiple purpose management on a watershed or aquifer basis, or any other appropriate geographical unit. The program shall recognize and be consistent with functions of other State units. The Department shall be guided by the program in the performance of its duties. The Department may make or cause to be made surveys, maps, investigations, and studies of water resources of the State necessary to provide sufficient information to formulate a program and perform its duties. The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of The Johns Hopkins University, or other appropriate research organizations. The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the code relating to budget and procurement. In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title. The Department may issue orders for corrective measures to any person who the Department believes to be violating any provision of this title or any regulation adopted under this title. The person to whom an order is issued may, on request, contest the order in a hearing before the Department. The Department, by regulation, shall adopt procedures by which the hearings are held. A court action for violation of the terms of an order may not be instituted unless the violator has had opportunity for an administrative hearing. However, regardless of whether an order for corrective measures has been issued, the Department at any time may refer an alleged violation of this title or any regulation adopted under this title directly to the Attorney General for appropriate court action. This subsection does not prevent the Attorney General from taking immediate action against the violator.

In this section the following words have the meanings indicated. “Commercial activity” means a project or activity undertaken for consideration, regardless of whether a profit is made. “Commercial activity” includes: A subdivision; A development; and Constructing or operating a marina. “Commercial building” means a building that is used primarily for commercial activity. “Development” means a project for the construction of: Two or more residential dwelling units; A commercial structure; or An industrial structure. “Dwelling unit” means a property that contains: One or more rooms used as a residence; Kitchen facilities; and Bathroom facilities. “Major project” means a project that: Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100–year floodplain; Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that: Has been developed and maintained by the Department of Natural Resources; and Is used by the Department to screen incoming applications; or Requires the issuance of a public notice by the Department. “Marina” means a facility for the mooring, docking, or storing of more than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or community facility. “Minor project” means a project that: Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100–year floodplain; and Does not meet the definition of a major project. “Residential activity” means a noncommercial activity that is conducted on residential property. “Residential property” means improved property that is used primarily as a residence or unimproved property that is zoned for use as a residence. “Residential property” includes: Property owned by a homeowners’ association; and A condominium. “Residential property” does not include: A commercial building; A marina; or A residential apartment complex or building. “Subdivision” means the division of a lot, tract, or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or future purpose of selling or development. “Subdivision” includes resubdivision. “Tier II High Quality Watershed” means the land and water areas that drain toward or into a Tier II High Quality Watershed as designated and identified in a geographic information system by the Department. Except as provided under paragraphs (2), (3), (6), and (7) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this article shall be accompanied by an application fee as follows: For an application for a minor project or general permit....................................................................................................................... $980; For an application for a minor modification................. $330; For an application for a major project with a proposed permanent impact of: Less than 1/4 acre............................................ $1,950; At least 1/4 acre, but less than 1/2 acre.......... $3,890; At least 1/2 acre, but less than 3/4 acre.......... $5,830; At least 3/4 acre, but less than 1 acre............. $7,780; and 1 acre or more.......the impact area in acres multiplied by $9,720; and For an application for a major modification.............. $1,950. The following are exempt from the application fees established under paragraph (1) of this subsection: Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Division II of the Land Use Article or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county; Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district; Performance of forestry best management practices contained in an erosion and sediment control plan: Prepared by a registered forester; and Approved by the appropriate soil conservation district; Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State’s wetland or water resources; and Aquacultural activities for which the Department of Natural Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. Except as provided in paragraph (4) of this subsection, the following shall be minor projects and subject to the appropriate application fee under paragraphs (1)(i) and (ii) and (7)(i) of this subsection: A residential activity issued a permit under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article; and A mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article. Subject to paragraphs (5) and (7) of this subsection, an application for the following minor projects shall be accompanied by the following application fees: Installation of: One boat lift or hoist, not exceeding four boat lifts or hoists per pier; One personal watercraft lift or hoist, not exceeding six personal watercraft lifts or hoists per pier; or A combination of boat lifts or hoists and personal watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than four lifts or hoists are boat lifts or hoists $385; Installation of a maximum of six mooring pilings........ $390; In–kind repair and replacement of structures............. $390; Installation of a fixed or floating platform on an existing pier where the total platform area does not exceed 200 square feet............................................................................................................................ $390; Construction of a nonhabitable structure that permanently impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.......................................................................................................................... $390; Replacement of an existing bulkhead where the replacement bulkhead does not exceed more than 18 inches channelward of the existing structure..................................................................................................... $650; and In–kind repair and replacement of existing infrastructure........................................................................................................... $650. The Department may not require an application fee for: The installation of a boat lift, hoist, or personal watercraft lift on existing pilings; or If the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment authorized under § 16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or replacement of: A highway structure; A pier; A boathouse; A structure on a pier; A bulkhead; A revetment; A tidal impoundment dike; A water control structure; An aboveground transmission facility; An agricultural drainage ditch; or A highway drainage ditch. The application fee for a structural shoreline stabilization project located on or adjacent to a State–owned lake may not exceed $290. Except as provided in paragraphs (2) and (5) of this subsection, all applications for wetlands and waterways authorizations issued by the Department for activities proposed in a Tier II High Quality Watershed shall be accompanied by an additional application fee, as follows: For an application for a minor project or minor modification………………………………………………...…………………………….. $400; and For an application for a major project or major project modification……………………………………………………………..……………… $1,600. The Department may adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection to reflect changes in the consumer price index for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, and for all regions. The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection. The Department shall issue a public notice of the adjusted fees at least 90 days before the new fee rates take effect. There is a Wetlands and Waterways Program Fund. The Department shall administer the Fund. The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. The Fund consists of all: Application fees collected by the Department under this section; Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16–205(e)(2) of this article; Money appropriated in the State budget to the Fund; and Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund. In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to: The issuance of authorizations by the Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; The management, conservation, protection, and preservation of the State’s wetlands and waterways resources, including Tier II High Quality Waters and Tier II High Quality Watersheds; and Program development associated with this title and Title 16 of this article, as provided by the State budget. On or before December 31 of each year, in accordance with § 2–1257 of the State Government Article, the Department shall prepare and submit an annual report to the House Environment and Transportation Committee, the House Appropriations Committee, the Senate Education, Energy, and the Environment Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund. The Department shall: Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1–607 of this article; and In conjunction with the Department of Natural Resources, identify up to three types of structural shoreline stabilization practices that may be implemented on or adjacent to a State–owned lake.

In this section, “dam safety permit” means a permit issued under § 5–503 of this title for the construction, reconstruction, repair, removal, or modification of a dam. This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under § 5–503(b) of this title. The application for a dam safety permit shall include the estimated project construction cost. Prior to the issuance of a dam safety permit, the Department shall collect a dam safety permit fee. The dam safety permit fee: Shall be based on the estimated project construction cost; and May not exceed 3% of the estimated project construction cost. Fees collected under this section shall be paid into the Private Dam Repair Fund established under § 5–509.2 of this title.

It is the intent of the General Assembly to establish consolidated procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 14, 15, and 16 of this article in order to ensure efficient review and consistent decision making. Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this section shall be the only notice required by law. Applicants shall ascertain the names and addresses of all current owners of property contiguous to the parcel upon which the proposed activity will occur and personally or by certified mail serve notice upon each owner. Applicants shall serve personally or by certified mail appropriate local officials. Applicants shall provide the Department with certification that notice has been served on all contiguous property owners and appropriate local officials. Upon substantial completion of an application, the Department shall draft a public notice that includes: The name and address of the applicant; A description of the location and nature of the activity for which application has been made; The name, address, and telephone number of the office within the Department from which information about the application may be obtained; A statement that any further notices about actions on the application will be provided only by mail to those persons on a mailing list of interested persons; A description of how persons may submit information or comments about the application, request a public informational hearing, or request to be included on the mailing list of interested persons; and A deadline for the close of the public comment period by which information, comments, or requests must be received by the Department. The Department shall prepare a public notice to be published for at least 1 business day in a newspaper of general circulation in the area where the proposed activity would occur. At its discretion, the Department shall: Publish the public notice; or Direct the applicant to publish the public notice. The applicant shall bear the cost of the newspaper notice. The Department shall mail public notices to a general subscription mailing list. Comments on an application or requests for a public informational hearing must be forwarded in writing to the Department prior to the close of the public comment period specified in the public notice. The Department shall compile an interested persons list containing the names of all contiguous property owners, appropriate local officials, and individuals that comment on, request hearings, or make inquiries about an application during any phase of the Department’s review. No further notice will be provided except to persons on the interested persons list. The Department shall hold a public informational hearing if it receives a timely written request in accordance with the provisions of this subsection. The request shall be received prior to the close of the public comment period. A public informational hearing shall be held within 45 calendar days of the close of the public comment period. The Department shall specify the date, time, and location of the public informational hearing. The public informational hearing may be held using teleconference or Internet–based conferencing technology. The Department shall mail notice of the date, time, and location of any public informational hearing on an application to those persons on the interested persons list no later than 14 calendar days prior to the hearing. The Department may extend the official record of a public informational hearing. Following the application review and comment period and within 30 calendar days after the close of the public informational hearing record, the Department shall issue, modify, or deny the permit or license unless extenuating circumstances justify an extension of time. The Department shall mail notice of a decision to issue, modify, or deny a permit or license to the applicant and to those persons on the interested persons list. A final determination by the Department on the issuance, denial, renewal, or revision of any permit issued under Subtitle 5 or Subtitle 9 of this title or § 14–105, § 14–508, § 15–808, or § 16–307 of this article is subject to judicial review at the request of any person that: 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. For permits listed under paragraph (1) of this subsection, a contested case hearing may not occur. A person petitioning for judicial review in accordance with this section shall file the petition in accordance with the Maryland Rules. Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that: The objections were not reasonably ascertainable during the comment period; or Grounds for the objections arose after the comment period. The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection. Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (f) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur. Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.