<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 26.17.04.10" title_num="26" subtitle_num="17" chapter_num="04" heading="General Waterway Construction Permit.">
  <paragraph num="A.">
    <text>A person shall be permitted by this regulation to make changes in the course, current, or cross section of waters of the State if:</text>
    <paragraph num="(1)">
      <text>Conditions specified in this regulation for those activities are met; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The project is not located in the stream channel or floodplain of a wild and scenic river as defined in Natural Resources Article, §8-402, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The changes permitted in §A of this regulation include:</text>
    <paragraph num="(1)">
      <text>Clearing and grading activities in the 100-year frequency floodplain when:</text>
      <paragraph num="(a)">
        <text>Less than 5,000 feet of land area and less than 100 cubic yards of earth are disturbed;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Habitable structures are not constructed; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Permanent obstructions are not created that would affect the hydraulic characteristics of the waters of the State;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Temporary construction on the waters of the State which meet the special requirements of Regulation .08B, C, D, and E of this chapter; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Minor maintenance and repair of existing structures that are located in the waters of the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In addition to the conditions imposed on the categories of construction activities set forth in §§A and B of this regulation, an owner of a project site subject to the general waterway construction permit shall do all of the following:</text>
    <paragraph num="(1)">
      <text>Submit to the Administration an application for the planned construction activity, including:</text>
      <paragraph num="(a)">
        <text>Any required plans;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Specifications for screening and concurrence with this chapter;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The construction schedule; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Anticipated dates of the beginning of construction activity;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Allow reasonable inspection of the site by representatives of the Administration;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain construction plans and specifications at the construction site for reasonable inspection by the Administration during construction;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When applicable, obtain an approved sediment and erosion control plan from the local soil conservation district before construction; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Provide for specifically designed measures, which shall be included in the construction plans, to minimize sediment pollutants from entering the waters of the State for those construction activities within a stream channel that are not subject to the requirements of COMAR 26.17.01.05, which requires an approved erosion and sediment control plan for certain activities.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Administration shall provide written concurrence for projects meeting the requirements of this regulation within 30 days of application submission if no review is requested by other agencies.</text>
  </paragraph>
</regulation>