Chapter 02. Permits and Licenses

License from the Board; or

License, general license, general permit, or permit from the Department.

Fill, place, dump, or discharge on tidal wetlands any:

Drain, excavate, or dredge the tidal wetlands encompassed by this subtitle, or remove from the tidal wetlands loam, peat, sand, gravel, soil, or other similar substance;

Construct any structure in, on, over, or under tidal wetlands; or

Perform an act or use involving tidal wetlands in a manner which would destroy the natural vegetation or existing patterns of tidal flow, or alter the natural and beneficial character of the tidal wetland.

Dredging of seafood products by any licensed operator including normal leased bottom activities permitted under Natural Resources Article, Title 4, Subtitle 11, Annotated Code of Maryland, and COMAR 08.02.08.12, or the harvesting of submerged aquatic vegetation provided the root system is not affected;

Trapping, hunting, fishing, and catching shellfish, if legally permitted;

Mosquito control and abatement projects as approved by the Department of Agriculture;

Improvement of agricultural drainage ditches as approved by the Department of Agriculture;

Routine maintenance, repair, or replacement of a highway structure, pier, boathouse, a structure on a pier, bulkhead, revetment, tidal impoundment dike, water control structure, aboveground transmission facility, agricultural drainage ditch, or highway drainage ditch when the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment;

Channel and harbor navigation aids, if approval has been granted by the United States Coast Guard;

Private piers that meet the criteria in COMAR 26.24.04.02;

Control of exotic plant species such as Phragmites australis, if a toxic materials permit under COMAR 26.08.03.02 is obtained;

Temporary installation of bass spawning boxes from March 1 through June 15 annually outside of marked navigation channels.

With a riparian interest in private tidal wetlands or upland adjacent to State tidal wetlands, or an agent designated by the person with riparian interest; or

Seeking approval for navigation, mining, aquaculture, archeology, or similar projects in tidal wetlands.

The application form shall be a joint federal and State application for the regulation of activities in tidal wetlands in Maryland.

An applicant for a tidal wetlands license or permit shall submit all of the information required by the Department in a manner and form acceptable to the Department before final action on the application is taken.

For additional information requirements for specific project types, see COMAR 26.24.03 and 26.24.04.

The application form is available at the following government agencies:

The person who signs an application form shall be:

The person who signs an application is responsible for the truth, accuracy, and completeness of all information in the application.

Referenced in feet to a benchmark elevation based upon:

Determined using one of the following methods:

Shore erosion control structures; and

Dredge material placement sites.

The Department may suspend processing of an application for a structure or activity if the application is inconsistent with State, federal, or local land use requirements, including federal tidal wetlands authorizations under §404 of the Clean Water Act of 1992 and §10 of the Rivers and Harbors Act of 1899, critical area, zoning, special exception, variance, or conditional use approvals. The Department will make these consistency determinations in cooperation with the appropriate State, federal, and local regulatory agencies. Project approval under this subtitle does not relieve a licensee or permittee of the need to obtain other approvals that may be required.

A person shall obtain a permit to engage in aquaculture activities under COMAR 08.02.14 before the Department will accept an application for construction of an aquaculture facility in tidal wetlands.

The criteria in this regulation are presented to assist in preparing an application and to provide a consistent basis for recommendations and decisions for licenses or permits.

As the basis for a recommendation or final decision, including approval, denial, suspension, or modification of a license or permit, the Department shall take into account ecological, economic, developmental, recreational, and aesthetic values of tidal wetlands in order to preserve tidal wetlands and prevent their despoliation and loss.

When reviewing an application for a license, the Department considers the proprietary interests of the Board over State tidal wetlands.

Dredging and filling activities can be avoided or minimized;

The proposed activity is water-dependent;

The proposed activity will alter or destroy tidal wetlands, including a determination of how the proposed project will:

The proposed activity would alter natural water flow, water temperature, water quality, and natural tidal circulation regimes;

The proposed activity would alter littoral drift;

The proposed activity enhances the aquatic environment;

The proposed activity would impact local, regional, and State economic conditions;

The proposed activity is consistent with State, federal, and local land use plans and laws, including Critical Area laws;

Alternatives for the disposal of dredged material have been explored;

The natural, scenic, historic property, and aesthetic values can be retained or enhanced;

The proposed activity provides facilities for the proper handling of storm water runoff and sanitary wastes;

Danger may arise because of the location of proposed structures from hurricanes, floods, sea level rise, or other determinable and periodically recurring natural hazards;

Navigational safety is affected;

The activity benefits the public, if applicable;

Shore erosion is controlled;

Maintenance and operation of the proposed project is assured;

Recreational and navigational access to beaches and waters of the State is provided;

The proposed activity would alter the scenic and wild qualities of a designated State scenic and wild river; and

The proposed activity would impact historic waterfowl staging areas and colonial bird-nesting sites.

Add stone or broken concrete to a revetment or channelward of a bulkhead if the stone or broken concrete extends not more than 10 feet channelward of the existing structure;

Emplace a revetment for shore erosion control only if it is less than 500 feet in length and it is aligned not more than 10 feet channelward of the mean high water line;

Fill near shore shallow water not more than 35 feet channelward of the mean high water line only if the fill area is less than 500 feet in length and parallel to the upland for the purpose of shore erosion control by tidal vegetated wetland creation;

Maintenance dredge a mooring, boat ramp, or travel lift slip with an area of 1,500 square feet or less and remove 100 cubic yards or less of material, if the licensee complies with the water quality certification required under COMAR 26.08.02;

Reconfigure an existing marina if there is no dredging or no increase in channelward encroachment beyond existing piers and associated structures;

Construct a boat ramp not more than 12 feet wide and 30 feet channelward of the mean high water line;

Armor or strengthen bridges or causeways when the activity extends not more than 10 feet from the existing structure, requires no dredging, and does not impede the flow of the waterway;

Create a new discharge of storm water runoff within 1,000 feet landward of the tidal wetlands boundary, if the drainage system directly discharges to tidal waters and employs stormwater control measures to manage runoff for rate and water quality according to State and local standards which include measures:

Clear debris and windfalls from shorelines without dredging State tidal wetlands;

Install temporary monitoring or research devices; and

Construct a replacement bulkhead within a maximum of 18 inches channelward of a functional bulkhead.

Obtain all required federal, State, county, or local approvals before beginning work on a licensed activity;

When applicable, obtain an approved sediment and erosion control plan from the local soil conservation district before construction;

Notify the Enforcement Division of the Water Management Administration at least 5 days before beginning work;

Allow representatives of the Department to enter the property at reasonable times to inspect the ongoing or completed work under the license; and

Design and construct the authorized work in a manner which minimizes adverse impacts on natural resource values, including water quality, plants, wildlife, and plant and wildlife habitat.

Install or maintain underground utilities such as phone, cable television, electricity, or natural gas pipelines not exceeding 12 inches in diameter if the surface of the wetlands is restored to its original elevation and vegetation;

Conserve soil, vegetation, water, fish, shellfish, and wildlife using best management practices; and

Improve wildlife habitat as approved by the Administration.

Factors including the type of project, nature of the bottom substrate, location, and other physical site characteristics of the site;

Mechanical dredging within 500 yards of shellfish areas is prohibited from December 16 through March 14, and June 1 through September 30; and

Hydraulic dredging within 500 yards of shellfish areas is prohibited from June 1 through September 30.

Restrictions during the nursery period of finfish species shall be determined by the Department using factors including target species, type of project, location, and other physical site characteristics;

Dredging is prohibited from:

Standard conditions of a private permit shall be imposed by the Department, which at a minimum address the following:

The Department may include special conditions such as requirements for maintenance dredging, mitigation, financial assurances, or other approvals. The Department shall use the guidelines in §B of this regulation in establishing special conditions.

Upon written request for a license or permit modification, the Department shall determine if the modification is major or minor.

Minor modifications to a license may be recommended to the Board or made to a permit by the Department if the modification involves:

Major modifications to a license or permit require a new application as described in Regulation .02 of this chapter.

The Department may not extend the construction period for maintenance dredging projects.

The construction period of a tidal wetlands license or permit may be extended for a valid reason. Only one extension for construction authorized under a license or permit may be granted. An extension shall be for a period up to 3 years. A request for extension shall be made in writing to the Department and shall include the following:

An applicant who is adversely affected by a decision of denial, suspension, revocation, or condition of a permit by the Department may, within 30 days of receipt of the administrative action, file with the Director written exceptions and a request to present oral argument. After considering the written exceptions, the Director may hear argument and shall issue a written final decision.

The applicant, the county, or the municipal government where the land is located may appeal the final decision of the Director to the circuit court in the county where the land is located within 30 days of the final decision.

An applicant may not reapply for a permit under this subtitle until after the expiration of 18 months from the date of the denial, or the final determination of an appeal from the denial.