The Department may not authorize an erosion control project if: 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: An adjacent property; Navigation, and the applicant has not adequately offset these impacts; Threatened or endangered species, species in need of conservation, or significant historic or archaeological resources; or Natural oyster bars or private oyster leases. A person proposing a shoreline stabilization measure in State or private tidal wetlands that requires a wetlands license from the Board or a general wetlands license, wetlands permit, or general wetlands permit from the Department shall first consider: No action; and Relocation of structures threatened by erosion. Except as authorized under §E of this regulation, if the Department is satisfied that neither option listed under §B of this regulation is feasible, the person shall use a nonstructural shoreline stabilization measure. If a structural component is necessary in order to preserve the natural shore, minimize erosion, and establish aquatic habitat, a nonstructural shoreline stabilization measure may include the use of: 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. A person may use a structural shoreline stabilization measure: 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. The Department shall develop and maintain maps on its website that: Display the areas that are appropriate for structural shoreline stabilization measures; and Are readily available to the public. When determining the areas appropriate for structural shoreline stabilization measures, the Department shall consider: 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. A person who applies for a waiver from the requirement to construct a nonstructural shoreline stabilization measure under Regulation .01C of this chapter shall: 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. 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: 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. 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. In addition to the requirements of COMAR 26.24.02.02, a person proposing a shoreline stabilization measure shall submit the following information at the time of application: An 8-1/2 by 11-inch plan, with dimensions, of the proposed project showing: Location; Land ownership; Existing and proposed contours; Existing mean high water line and, if applicable, existing landward boundary of State and private tidal wetlands, each as field-verified by the applicant; For a nonstructural shoreline stabilization measure, the proposed mean high water line and the proposed landward boundary of State and private tidal wetlands; Existing and proposed structures, including: A septic system; A utility-related structure; A building; A road; Drainage features; and An equipment storage area; Adjacent shoreline features; Best management practices to control any upland runoff which contributes to erosion; Type of materials to be used in construction; and Site bathymetry; 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: A foundation investigation; A structural analysis; The structural properties of the materials to be used to construct the proposed project; The estimated economic, environmental, and other benefits to be derived from the project; The design life expectancy of the project; The sequence of construction; A description of the method of construction that includes: Estimated beginning and completion dates; The equipment to be used; The proposed access to the site; The foundation excavations; The means for diverting water away from the project during construction; and The means for controlling the dewatering discharges; Specific references and benchmarks used by the designer; Estimated impact, if any, of the project on adjacent properties; Estimated impact, if any, of the project on public access to the shore; Written specifications for the quality of the materials and methods of construction to ensure that design criteria will be met or exceeded; A description of how the reclamation of lost upland meets the requirements of COMAR 26.24.03.06C, if applicable; and A description of measures to be taken to avoid and minimize impacts to plant, fish, and wildlife habitat before, during, and after construction; and If required by the Department, an alternatives analysis, including: The justification for rejecting the options required to be considered under COMAR 26.24.04.01B; The justification for the selected shoreline stabilization measure; and For a structural shoreline stabilization measure, proof of consideration of each alternative, including an analysis of habitat impact for each alternative, in the following order of preference: Beach nourishment; Breakwater; Groin, jetty, or a similar structure; Revetment; and Bulkhead. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to State or private tidal wetlands, the Department may, with notice to the applicant by telephone, letter, email, or meeting, require information in addition to §A of this regulation. A person proposing a structural shoreline stabilization measure that employs a jetty, groin, breakwater, or other offshore structure, shall design the project to: Allow natural littoral movement of sand along the shore; Minimize erosion and undesirable shoaling; Use materials that are: Of adequate size, weight, and strength to function as intended; Free of protruding objects, debris, and contaminants; and Selected to minimize impacts to water quality and plant, fish, and wildlife habitat; 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 Department may not authorize encroachment into State or private tidal wetlands unless: 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: The encroachment is three feet or less beyond the mean high water line; and Other nonstructural and structural shoreline stabilization measures are infeasible, as determined by the Department. Exemptions. Private noncommercial piers, boat hoists or lifts, mooring piles, and osprey poles that meet all of the following criteria are exempt from the requirement to obtain a license from the Board of Public Works or a license or permit from the Department under this subtitle: 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: Exceed 200 square feet in area including the segment of the main pier section to which the platform is attached; Be located over vegetated tidal wetlands, including submerged aquatic vegetation; and Be constructed on the landward 50 percent of the main pier section, except in canals and similar narrow water bodies as considered appropriate by the Department. 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. Pier Criteria. 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. The main section of a pier may not be wider than 6 feet. A pier shall meet the minimum extended property line set-back requirements established by the local jurisdiction in which the activity is proposed. A pier may not: Be constructed in a location that will impede navigation or block ingress and egress to adjoining properties; Obstruct the flow of the tide; Extend within 100 feet of a ski course approved by the Department; Extend more than 25 percent across a waterway unless it is determined by the Department that the pier will not adversely affect navigation, recreation, aesthetics, or the biological character of the area; or Include more than six mooring piles, four boat lifts or hoists, or four boat slips. Piers over vegetated tidal wetlands shall be constructed a minimum of 3 feet above the wetland substrate. Private, Noncommercial Pier Platforms. The total area of fixed or floating platforms such as Ts and Ls, and step-down platforms: Shall include the segment of the main pier section to which the platform is attached and may not exceed 200 square feet; May not be located over vegetated tidal wetlands, including submerged aquatic vegetation; and May not be constructed on the landward 50 percent of the main pier except in canals and other similar narrow water bodies as deemed appropriate by the Department. 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. Boathouses. 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. Appeals. A person aggrieved by a final decision of the Administration may appeal the decision in accordance with COMAR 26.24.02.08. In addition to the requirements of COMAR 26.24.02.02, an applicant for a new marina or marina expansion is required to submit the following information at the time of application: 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: Marina location; Construction methods; Configuration of project components; Dimensions; and Related facilities; 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: Marina support facilities including: Parking; Storm water management facilities; Concessions; Boat sales; Boat repair; Hauling; Dry storage; Sewage pumpout facilities; Utilities; Swimming pools; Restaurants; and Lodging facilities; and Techniques to minimize the adverse environmental impacts of the facilities in §A(4)(a) of this regulation; 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. If the proposed new marina or marina expansion includes dredging and dredge disposal, the information requirements and design guidelines in COMAR 26.24.03.02—.05 shall be met. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to tidal wetlands, the Department may, with notice to the applicant by telephone, letter, or meeting, require information in addition to §§A and B of this regulation. The Department recommends that an applicant consult with the Department before developing and submitting the following information: 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: Employment; Tax yields; Reduction of existing pollution; and Enhancement of public access to the water; 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: Be controlled in and out of the marina; Impact commercial navigation; and Impact boats kept at the proposed marina facility, with the techniques to minimize the adverse impact of boat wakes on the proposed facility being addressed; and A plan to minimize oil spillage into the basin and to identify contingencies for oil spill containment and removal. Pumpout Facilities. 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: The marina has a wastewater collection and treatment system that is adequate to handle any existing and proposed flows and is approved by the local health department; There is a pumpout station on-site that is adequate to handle the increased sewage capacity from vessels that use the marina and that is operable and accessible at reasonable times; or The marina has a contract with a pumpout facility that is: Located not more than 2 miles from the marina; Adequate to handle the increased sewage capacity from vessels that use the marina, as determined by the local health department; and Operable and accessible at reasonable times. Wastewater collection and treatment facilities may be required, in consultation with the Department, if the marina: Has a capacity of more than 25 slips; Has a capacity of ten or more slips that are designed to accommodate boats of 25 feet or more in length; and Is located off the main stem of the major river tributaries of the Chesapeake Bay and coastal bays or in sensitive areas identified for no pollutant discharge by the State. Vessel Mooring Facilities. The placement of buoys, group mooring buoys, and other apparatus used to secure, berth, or moor vessels in the waters of the State shall conform to the requirements of COMAR 08.04.13. Marina Management Plan. The location of all new marinas or expansion of an existing marina shall be consistent with a marina management plan, if any, that has been approved by the local government. If there is a conflict between a local marina management plan and this subtitle, the more stringent regulation takes priority. Marina Siting Guidelines. New marina development and the expansion of existing marinas shall be located: To avoid and minimize impacts to tidal wetlands and other aquatic resources; and On waterways with strong flushing characterized by: A bottom which slopes from headwaters to mouth without sumps or other features which inhibit complete water exchange; The waterway has an unconstricted entrance; and The waterway has few branches, coves, and other features which inhibit complete mixing. New marina development and expansion of existing marinas may not be located in areas where: The natural depth is 4.5 feet or less at mean low water unless the marina basin is excavated from upland; and Their presence would adversely impact submerged aquatic vegetation, productive macroinvertebrate communities, shellfish beds, fish spawning or nursery areas, rare, threatened, or endangered species, or species in need of conservation, or historic waterfowl staging areas. Expansion of existing marinas is favored over development of new marinas. The construction, reconstruction, alteration, or addition to any conduit, cable, pipeline, intake or discharge pipe, trestle, or other similar device, structure, or apparatus, over, on, in, or under State tidal wetlands or waters of the State requires a license. A license issued for this construction is subject to the compensation requirements of COMAR 23.02.04 as may be assessed by the Board. Environment Article, Title 16, Annotated Code of Maryland Effective date: February 14, 1994 (21:3 Md. R. 184) (Wetlands regulations before February 14, 1994, appeared under COMAR 08.05.07) Regulation .14 amended as an emergency provision effective August 1, 1995 (22:17 Md. R. 1309); amended permanently effective December 4, 1995 (22:24 Md. R. 1894) Regulations .01—.04 were recodified from Regulations .12, .14, .16, and .17, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996 Chapter revised as an emergency provision effective March 9, 2007 (34:7 Md. R. 695); emergency expired September 5, 2007 Regulation .01 repealed and new Regulation .01 adopted effective February 4, 2013 (40:2 Md. R. 73) Regulation .01-1 adopted effective February 4, 2013 (40:2 Md. R. 73) Regulation .01-2 adopted effective February 4, 2013 (40:2 Md. R. 73) Regulation .01-3 adopted effective February 4, 2013 (40:2 Md. R. 73) Regulation .01-4 adopted effective February 4, 2013 (40:2 Md. R. 73)