Regulation .01-2 Nonstructural Shoreline Stabilization Waiver Process.
Regulation .01-2 Nonstructural Shoreline Stabilization Waiver Process.LinkCopy Citation
A.
A person who applies for a waiver from the requirement to construct a nonstructural shoreline stabilization measure under Regulation .01C of this chapter shall:
(1)
Use the form provided by the Department; and
(2)
Complete the waiver process before submitting an application to obtain a wetlands license from the Board or a general wetlands license, wetlands permit, or general wetlands permit from the Department under COMAR 26.24.02.
B.
When evaluating a person’s request for a waiver, the Department shall determine whether the site is suitable to support a nonstructural shoreline stabilization measure by considering:
(1)
The width of the waterway;
(2)
The bottom elevation and slope at mean low water;
(3)
The bottom substrate:
(4)
The fetch;
(5)
The bank elevation and orientation;
(6)
The degree of erosion;
(7)
The height and regularity of tides;
(8)
Any other physical constraints that would impede or prevent successful establishment of a nonstructural shoreline stabilization measure; and
(9)
Any other relevant environmental resources, including a Critical Area buffer and other plant, fish, and wildlife habitat, and the likely adverse or protective impact of a nonstructural shoreline stabilization measure on those resources in comparison to the likely adverse or protective impact of a structural shoreline stabilization measure on those resources.
C.
A person may obtain a waiver from the requirement to use a nonstructural shoreline stabilization measure if, to the Department's satisfaction, a structural shoreline stabilization measure is the only feasible alternative that will protect and maintain the person’s shoreline.