Section 5-906 – Permits Generally; Compliance With Regulations; Buffers
(a) The following types of activities shall be exempt from the permit requirements of this section if notice is given to the Department and best management practices are implemented: (1) Activities which normally occur in nontidal wetlands with minimal impact on nontidal wetlands, including the repair and maintenance of existing structures, utilities, including underground utilities, rights-of-way, and […]
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 […]
Section 5-911 – Enforcement
(a) (1) The enforcement provisions in this section are in addition to any other applicable provisions in this title. (2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority. (b) The Department may revoke a permit for cause, including violation of permit […]
Section 5-1001 – Used Oil Recycling
(a) (1) In this section the following words have the meanings indicated. (2) “Recycle” means to prepare used oil for reuse as a petroleum product or petroleum product substitute by refining, re–refining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product or petroleum product substitute made from new […]
Section 5-10A-01 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article. (c) “Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article. (d) “Junkyard” has the meaning stated in § 8-801 of the Transportation Article. (e) “Scrap metal processing facility” […]
Section 5-806 – Delegation of Department’s Responsibilities
By mutual agreement, the Department may delegate all or part of the Department’s responsibilities under this subtitle to a subdivision if the Department determines that the subdivision has the technical and financial resources to fulfill the responsibilities to be delegated.
Section 5-10A-02 – Junkyards and Related Facilities — Maintenance
(a) A person who owns, maintains, or causes to be maintained a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that lawfully existed on January 1, 1972 and that adjoins a river, stream, or other body of water shall: (1) Store and maintain trash, junk, automobiles, or automobile parts to prevent the […]