Chapter 04. Structures

There is no evidence of erosion and the applicant is unable to document a claim of erosion;

Existing State or private tidal wetlands are effectively preventing erosion; or

The proposed project may adversely affect:

No action; and

Relocation of structures threatened by erosion.

A breakwater, sand containment structure, or sill that is acceptable to the Department; or

A beach that is acceptable to the Department, when used for the purpose of habitat enhancement.

In an area identified as appropriate for structural shoreline stabilization measures by the Department, in coordination with the Maryland Department of Natural Resources, and shown on a map approved by the Department under Regulation .01-1 of this chapter; or

At a site where the person has obtained a waiver from the Department in accordance with Regulation .01-2 of this chapter by demonstrating to the Department’s satisfaction that a nonstructural shoreline stabilization measure is not feasible.

Display the areas that are appropriate for structural shoreline stabilization measures; and

Are readily available to the public.

The presence or absence of a natural shoreline;

Proximity to channels;

As determined by the Department based on site conditions, the presence of high energy waves or a severely eroding shore that would render a nonstructural stabilization measure infeasible;

The extent to which a water-dependent facility requires a bulkheaded shoreline for loading and unloading operations, such as the berthing of commercial vessels;

Impacts to rare, threatened and endangered species, and species in need of conservation; and

Any other site-specific factor, as determined relevant by the Department.

Use the form provided by the Department; and

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.

The width of the waterway;

The bottom elevation and slope at mean low water;

The bottom substrate:

The fetch;

The bank elevation and orientation;

The degree of erosion;

The height and regularity of tides;

Any other physical constraints that would impede or prevent successful establishment of a nonstructural shoreline stabilization measure; and

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.

An 8-1/2 by 11-inch plan, with dimensions, of the proposed project showing:

A waiver, if the project qualifies for a structural shoreline stabilization measure under Regulation .01-2 of this chapter;

Photographs of the project site, the adjoining shoreline, and existing structures;

In accordance with the requirements of COMAR 27.01.09.01-3, the proposed major or minor buffer management plan that will address disturbance of the buffer, including any disturbance to stabilize a bank or slope or to control erosion above mean high water;

Critical Area Buffer Notification Form signed by the property owner;

If required by the Department, a design report that includes:

If required by the Department, an alternatives analysis, including:

Allow natural littoral movement of sand along the shore;

Minimize erosion and undesirable shoaling;

Use materials that are:

Use backfill material free of litter, refuse, junk, metal, tree stumps, logs, or other unsuitable materials;

Prevent damage due to scour; and

Minimize grading and other impacts on riparian habitat.

The encroachment is limited to that which is structurally necessary and is verified by a design report or other documentation, as required by the Department; and

For a bulkhead:

Only one pier per property;

The width of the main section of the pier may not be greater than 6 feet;

Fixed or floating platforms, including Ts, Ls, and step-down platforms may not:

The project may not include more than six mooring piles or create more than four boat slips;

The project may not include more than two osprey poles per property;

A maximum of two, 3-foot wide finger piers not exceeding 50 percent of the proposed slip length may be constructed on the landward side of the end of a private pier;

The project shall meet the minimum extended property line setback requirements established by the local jurisdiction in which the activity is proposed;

The project may not be constructed in a location that will impede navigation or block ingress to and egress from adjoining properties;

The project may not obstruct the flow of the tide;

The pier may not extend within 100 feet of a ski course approved by the Department;

The pier may not extend more than 100 feet channelward of the tidal wetlands boundary line, or a distance of 25 percent of the width of the waterway, whichever is less;

Piers over vegetated tidal wetlands shall be constructed a minimum of 3 feet above the wetlands; and

The owner or owner's agent shall notify the Department on a form provided by the Department within 10 days before construction of the pier or any auxiliary structure.

The Department may issue, deny, modify, or condition a license in accordance with COMAR 26.24.01.03 for the construction of fixed or floating piers, decks, walkways, and related structures. The Department may not issue a license for a fixed or floating pier, deck, walkway, or related structure which adversely affects shallow water habitat, submerged aquatic vegetation, shellfish, or vegetated tidal wetlands. The Department shall use all the criteria in §B(2)—(4) of this regulation in making final decisions on fixed or floating piers, decks, walkways, or other related structures not exempted in COMAR 26.24.02.01C(7) and §A of this regulation.

Private Noncommercial Piers.

Private, Noncommercial Pier Platforms. The total area of fixed or floating platforms such as Ts and Ls, and step-down platforms:

Private, Noncommercial Finger Piers. Two, 3-foot wide finger piers may be constructed on the landward side of the end of the main pier. Finger piers may be constructed in addition to other fixed or floating platforms and may not be included in calculating the area for purposes of the exemption in §A(3) of this regulation.

Routine repair and maintenance of existing boathouses is exempt under COMAR 26.24.02.01C(5) if there is no increase in width, length, height, or channelward encroachment.

Except at commercial marinas, a person may not construct a new boathouse in or over State or private wetlands.

An alternatives analysis, including the alternative of no action, with the potential impacts on water quality, tidal wetland values, and aquatic habitat discussed for each alternative for:

A bathymetric survey of the proposed marina site;

A description of the marina facility, including the number of slips, breakwaters, or jetties;

A description of:

A description of the impact of the marina on State or federal navigation channels located within 3,000 feet of the project;

A description of the existing site characteristics, including water quality in the project area;

Location of materials such as submerged cables, piles, pipelines, or debris to be removed during construction, as well as measures for disposal;

Location of boat repair, cleaning, wet and dry storage facilities, fueling facilities, and other boat service facilities;

The location of the areas in which antifouling compounds for boat bottom painting, waste oil, washwater, and other pollutants are used;

A description and plan of the method proposed to manage water quality associated with storm water runoff; and

A flushing study for basins dredged into upland.

The predicted short-term and long-term direct and indirect impacts on water quality, tidal wetland values, and aquatic habitat;

Increased noise levels, boat wakes, pollutant loading, and other project-related impacts;

Possible interference with water currents and impacts on littoral drift, sediment deposition, and shoaling;

Impacts on water circulation and flushing within the project area;

Other alterations of tidal wetlands and the impact on biological productivity;

Schedules, monitoring programs, or other provisions to be used during construction, operation, and maintenance to reduce or avoid adverse environmental impacts and to keep erosion, turbidity, and siltation at the lowest possible levels;

Special provisions to be used to enhance the environment;

The long-term public gain expected from the project such as:

Estimated frequency of maintenance dredging, the volume of materials to be dredged over the life of the project, and site or sites to be used for disposal of these materials;

A description of how the speed, numbers, and directional movements of boat traffic will:

A plan to minimize oil spillage into the basin and to identify contingencies for oil spill containment and removal.

A person may not construct additional slips at an existing property that would result in a total capacity of more than ten slips or construct a new marina with more than ten slips unless:

Wastewater collection and treatment facilities may be required, in consultation with the Department, if the marina:

New marina development and the expansion of existing marinas shall be located:

New marina development and expansion of existing marinas may not be located in areas where:

Expansion of existing marinas is favored over development of new marinas.