Chapter 07. Surface Mining in the Critical Area
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Affected land” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.
(2)
“Borrow pit” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.
(3)
“Mineral” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.
(4)
“Overburden” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.
(5)
“Reclamation” means:
(a)
The protection of a natural resource that is located in an area adjacent to a surface mining activity, including a forest, wildlife habitat, waterbody, and wetland; and
(b)
The reasonable rehabilitation of affected land for a useful purpose.
(6)
“Spoil pile” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.
(7)
Surface Mining.
(a)
“Surface mining” means:
(i)
The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;
(ii)
An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and
(iii)
The extraction or removal of sand, gravel, rock, stone, earth, or fill from a borrow pit for the purpose of constructing a road or another public facility.
(b)
“Surface mining” includes:
(i)
An activity related to the processing of a mineral at the site of extraction or removal;
(ii)
Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity, or quality of a natural deposit; and
(iii)
A mining activity.
(c)
“Surface mining” does not include an activity or process that is excluded under the provisions of Environment Article, §15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.
(8)
Wash Plant.
(a)
“Wash plant” means a facility where sand or gravel is washed during processing.
(b)
“Wash plant” includes a stockpile, a wash pond, and related washing equipment.
Regulation .01-1 Applicability and Construction.LinkCopy Citation
A.
The provisions of this chapter are applicable:
(1)
In accordance with Land Use Article, §3-102, Annotated Code of Maryland, to each local jurisdiction in the Critical Area that is required to include a mineral resources element in its comprehensive plan;
(2)
To each surface mining activity for which a license, permit, or other approval was issued on or after the date of local program approval; and
(3)
To any other statutory or regulatory requirement applicable under federal or State law.
B.
Notwithstanding any other provision of law, the provisions of this chapter may not be construed to prohibit the location or use of a water-dependent facility, in accordance with COMAR 27.01.03, for the transport of a surface mining product or by-product.
Regulation .02 Policies.LinkCopy Citation
In developing and updating its Critical Area program, a local jurisdiction shall ensure that due consideration is accorded to:
A.
When locating a surface mining activity, avoidance or, if unavoidable, minimization of:
(1)
The substantial loss of renewable resource land; and
(2)
The degradation of water quality; and
B.
When conducting a surface mining activity:
(1)
Utilization of all available measures to protect the Critical Area from all sources of pollution resulting from that activity, including sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dust, or spoil; and
(2)
Facilitation of site reclamation, including renewable resource land, as soon as possible and to the maximum extent possible.
Regulation .03 Criteria.LinkCopy Citation
In developing and updating its Critical Area program, a local jurisdiction shall:
A.
In conjunction with, as applicable, the Departments of Agriculture, Environment, and Natural Resources, and any other appropriate federal or State agency, develop a mineral resources plan and management program that is included in its comprehensive plan and consists of:
(1)
In accordance with Land Use Article, §§1-411 and 3-107, Annotated Code of Maryland, the identification and mapping of the undeveloped land in the Critical Area that is best kept in its undeveloped state until the land can be used to provide or assist in providing a continuous supply of minerals;
(2)
Each surface mining area that includes a habitat protection area under COMAR 27.01.09; and
(3)
In accordance with COMAR 27.01.02, at each location where surface mining is, or has been, conducted, the identification of:
(a)
Post-reclamation land uses that, where applicable, prioritize the establishment or re-establishment of renewable resource products, such as agriculture and forestry, and other land uses that benefit water quality and habitat, such as wetlands, habitat restoration, and open space; and
(b)
Any other appropriate post-reclamation land use, such as recreation and development;
B.
Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:
(1)
In accordance with the provisions of COMAR 27.01.09, a habitat protection area;
(2)
An area where highly erodible soil exists; and
(3)
An area that is within 100 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, unless:
(a)
A license, permit, or other approval to conduct a specific aspect of surface mining was issued before the date of local program approval; and
(b)
If expansion of the scope or size of the surface mining activity has occurred since the date of local program approval, the expansion complies with State law and local program requirements;
C.
Require the reclamation of a wash pond in accordance with State law and local program requirements; and
D.
Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09.
Chapter annotations
Authority: Natural Resources Article, §8-1808(d), Annotated Code of Maryland
History: Effective date: May 13, 1986 (12:24 Md. R. 2352)
History: COMAR 14.15 became effective upon the enactment of Resolution No. 37 (SJ 9), Acts of 1986.
History: COMAR 14.15.07 recodified to COMAR 27.01.07 in August, 1992
History: Regulation .03B amended effective October 29, 2012 (39:21 Md. R. 1380)
History: Chapter revised effective June 29, 2020 (47:13 Md. R. 644)
History: Regulation .02A amended effective January 20, 2025 (52:1 Md. R. 19)
History: Regulation .03B amended effective January 20, 2025 (52:1 Md. R. 19)