Section 5-902 – Legislative Findings and Intent; Goal of Statewide Program
(a) The General Assembly finds that nontidal wetlands play important roles in the preservation and protection of the Chesapeake Bay and other waters of the State. Nontidal wetlands serve important roles through the reduction of pollutant loadings, including excess nutrients, sediment, and toxics, the attenuation of floodwaters and stormwaters, shoreline stabilization and erosion control, waterfowl breeding […]
Section 5-903 – Statewide Program Established; Application of Subtitle; Department’s Duties; Regulations
(a) There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands. (b) The Department shall: (1) Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands; (2) Assist local governments in undertaking nontidal wetland management planning, including mapping, […]
Section 5-904 – Delegation of Department’s Authority; Regulated Activity by Unit of State Government
(a) (1) The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department. (2) (i) After December 31, 1994, the Department may delegate all or part of its authority under this subtitle […]
Section 5-905 – Approvals and Mitigation of Loss Requirements; Delineation of Affected Wetlands
(a) The following agricultural and forestry activities are exempt from the approval and mitigation requirements of this section: (1) Agricultural activities undertaken in accordance with public drainage regulations; (2) Agricultural and forestry activities, including the repair and maintenance of farm ponds, drainage ditches, channels, subsurface drains, causeways, bridges, or water control structures, provided that they do not drain, […]
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 5-702 – Department to Estimate Water-Storage Needs in Federally Constructed Reservoirs; Contracts for Repayment of Water-Supply Costs
(a) When need arises in the State for water-supply storage or storage for streamflow regulation for quality control, either or both of which can be provided by a federally constructed reservoir, and cost of storage is nonreimbursable when used for streamflow regulation, or is to be repaid by nonfederal interest when used for water supply, the […]
Section 5-703 – Department Cooperation With Federal, State, and Local Agencies in Water Resources Projects; Financial Assistance to Local Agencies
In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department’s responsibility under this section, […]
Section 5-704 – Acquisition of Rights and Interests in Real Estate
When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these […]
Section 5-802 – Legislative Finding and Declaration; Policy and Purposes of Subtitle
(a) The General Assembly finds and declares that: (1) Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State; […]
Section 5-5B-04 – Statement of Best Management Practices
(a) When applying for a new or expanded water appropriation permit or State financial assistance, public water systems shall include a description of best management practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water is used, treated, stored, and transmitted. The application shall also include a schedule […]