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 5-907 – 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 5-802 – 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 […]
Section 5-803 – Comprehensive Flood Management Program
(a) By January 1, 1982 the Department, after consultation with and consideration of recommendations submitted by subdivisions and the Department of Agriculture and the Department of Planning, shall designate a priority list of watersheds for the purpose of flood control planning and management and establish a schedule for completion of studies of these watersheds. (b) (1) The Department, […]
Section 5-5B-05 – Requests for Expanded Water Appropriation Permits
(a) In reviewing requests for new or expanded water appropriation permits by public water systems, as defined by this subtitle, the Department shall consider existing local initiatives and voluntary efforts and best management practices set forth for implementation within a permit application. (b) In reviewing and prioritizing requests by public water systems, as defined by this subtitle, […]
Section 5-804 – Duties of Department
(a) The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle. (b) The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other […]