Plain Text Law

Regulation .06 Water Quality and Watershed Management Plans.

Regulation .06 Water Quality and Watershed Management Plans.Copy Citation

A.
To meet the requirements of Regulation .04A(3) of this chapter, a regulated activity may not:
(1)
As determined by the Department, cause an individual or cumulative effect that degrades:
(a)
Aquatic ecosystem diversity, productivity, and stability;
(b)
Plankton, fish, shellfish, and wildlife;
(c)
Recreational and economic values; and
(d)
Public welfare; or
(2)
As determined by the Department, cause an individual or cumulative effect that:
(a)
Violates any applicable State water quality standard, the Environment Article of the Annotated Code of Maryland, or the Clean Water Act;
(b)
Degrades surface and ground water quality.
B.
To meet the requirements of Regulation .04A(4) of this chapter, a regulated activity shall be consistent with any comprehensive watershed management plan developed or approved by the Department. Comprehensive watershed management plans shall meet the following criteria:
(1)
Comprehensive watershed management plans may be prepared by local, State, or federal government agencies;
(2)
A private property owner may request to assist in the preparation of a comprehensive watershed management plan when the entire watershed is owned by the private property owner; and:
(a)
When the Department, after consultation with appropriate local, State, and federal agencies, approves of the request;
(b)
A private property owner agrees to assist in the preparation of the comprehensive management plan in accordance with this section; and
(c)
The comprehensive watershed management plan meets the requirements of §B(3)—(5) of this regulation;
(3)
Comprehensive watershed management plans shall be prepared in cooperation with local, State, and federal agencies and approved by the Department;
(4)
The Department may not adopt or approve a plan before conducting a public informational hearing on the proposed plan in the county or counties affected by the comprehensive watershed management plan;
(5)
A comprehensive watershed management plan shall include the following elements:
(a)
A functional assessment of nontidal wetlands within the watershed;
(b)
The location of potential mitigation sites;
(c)
Protection of nontidal wetlands;
(d)
A plan for limiting cumulative impacts to nontidal wetlands;
(e)
Water supply management; and
(f)
Flood management.