Regulation .04-2 Water-Dependent Facilities and Activities — General Location Requirements.
Regulation .04-2 Water-Dependent Facilities and Activities — General Location Requirements.LinkCopy Citation
A.
The provisions of this regulation are in addition to the provisions of Regulation .04-1 of this chapter.
B.
An agency proposing development on State-owned land or responsible for the administration of a water-dependent facility or activity located on State-owned land shall document how each of the following siting factors is accorded due consideration:
(1)
The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:
(a)
Alteration of an existing water circulation pattern or salinity regime;
(b)
Adequacy of area flushing characteristics;
(c)
Necessity of, and proximity to, a dredging operation; and
(d)
Interference with the natural transport of sand;
(2)
Disturbance to:
(a)
An oyster harvest area, as defined in COMAR 08.02.04.11;
(b)
An area covered in a current aquaculture lease, as defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland;
(c)
A harvest reserve area, as designated under Natural Resources Article, §4-1009.1, Annotated Code of Maryland;
(d)
An oyster sanctuary, as established in COMAR 08.02.04.15A; and
(e)
Any other shellfish located in a shellfish area regulated by the Department of Natural Resources;
(3)
Avoidance of disturbance to water quality and aquatic or terrestrial habitat resulting from the method or manner of dredging; and
(4)
Avoidance or, if avoidance is not possible, minimization of:
(a)
Disturbance to:
(i)
A wetland;
(ii)
Submerged aquatic vegetation;
(iii)
A habitat of threatened or endangered species or species in need of conservation;
(iv)
In accordance with COMAR 26.08.02.04-2, a water body identified by the Department of the Environment as a Tier II, high quality water body and its watershed;
(v)
In accordance with COMAR 26.08.02.04-3, a water body identified by the Department of the Environment as a Tier III, outstanding natural resource water body and its watershed; and
(vi)
A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04, and COMAR 26.23.06; and
(b)
Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source pollution, sewage discharge, or other pollution related to vessel maintenance.