Section 5-1102 – Dumping Prohibited
(a) A person may not redeposit in an unconfined manner dredged material from Baltimore Harbor into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries outside of Baltimore Harbor. However, the dredged material may be redeposited in contained areas approved […]
Section 5-1102.1 – Cox Creek Citizens Oversight Committee
(a) (1) The Governor shall appoint a Cox Creek Citizens Oversight Committee. (2) The terms of the members of the Oversight Committee shall be determined by the Governor. (b) The Oversight Committee shall be composed of the following members: (1) 2 members of the North County Land Trust; (2) 1 delegate to the Greater Pasadena Council who represents a waterfront community; […]
Section 5-1103 – Redeposit of Spoil in Hart-Miller-Pleasure Island Chain or in Hart-Miller Island Dredged Material Containment Facility
(a) (1) Except for dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County, the Department may not approve any contained area for the redeposit of spoil within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County. (2) A contained area described in paragraph (1) of this subsection may not exceed […]
Section 5-1104 – Hart-Miller-Pleasure Island Citizens Oversight Committee
(a) (1) With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee. (2) The terms and qualifications of members of the Oversight Committee shall be determined by the Governor. (b) The Oversight Committee shall be composed of the following members: (1) 2 trustees from the grantee in interest, as defined in § […]
Section 5-1104.1 – Kent Island Citizens Oversight Committee
(a) (1) Subject to the approval of the members of the General Assembly of the 36th legislative district, the Governor shall appoint a Kent Island Citizens Oversight Committee. (2) The Governor shall determine the terms and qualifications of members of the Oversight Committee. (b) The Oversight Committee shall be composed of the following members: (1) The Secretary of the State […]
Section 5-1104.2 – Executive Committee
(a) There is an Executive Committee created to provide oversight in the development of the State of Maryland’s plans for dredged material management. (b) (1) The Executive Committee shall consist of: (i) The Secretary of Transportation, or the Secretary’s designee; (ii) The Secretary of Natural Resources, or the Secretary’s designee; (iii) The Secretary of the Environment, or the Secretary’s designee; (iv) A […]
Section 5-907 – Preconditions to Grant of Permits
(a) The Department may not issue a nontidal wetland permit for a regulated activity unless the Department finds that the applicant has demonstrated that the regulated activity: (1) (i) Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or (ii) Is not water dependent and has no practicable alternative; (2) Will […]
Section 5-908 – Watershed Management Plans
In cooperation with other State, local, and federal agencies, the Department may prepare comprehensive watershed management plans which address nontidal wetland protection, creation, and restoration, cumulative impacts, flood protection, and water supply concerns. Completed watershed management plans will be used as the basis for consistent permitting decisions and creating and restoring nontidal wetlands.
Section 5-909 – Mitigation of Losses; Nontidal Wetland Compensation Fund
(a) An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department’s satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices. (b) (1) By December […]
Section 5-910 – Mitigation Banking
(a) The General Assembly declares that: (1) In the application review process, one of the primary mitigation issues is locating the most beneficial area to conduct wetland restoration, creation, or enhancement; (2) Where unavoidable losses or degradations occur as a result of permitted human activity, there exists a sequential process for mitigation site location which includes consideration of […]