Md. Code Regs. 23.02.04.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 23.02.04.06 - Types of Licenses

A. General License.

(1) A general license is an authorization for the activities identified in Regulation .05A of this chapter involving State tidal wetlands.

(2) To obtain a general license, a person shall apply to the Department in accordance with the procedures in COMAR 26.24.02.04.

(3) The Department:

(a) Shall, within 45 days of receipt of an application, notify the applicant whether the application is complete and the wetland delineation is correct; and

(b) May extend, upon written notice to the applicant, the deadline if the following extenuating circumstances prevent consideration of the application:

(i) Inclement weather conditions;

(ii) Review is required by federal, State, or local government agencies; or

(iii) The applicant requests extension.

(4) The Department:

(a) Shall grant, deny, or condition the general license within 45 days of receiving a complete application; and

(b) May extend, upon written notice to the applicant, the deadline 30 days for the following extenuating circumstances:

(i) Review is required by federal, State, or local government agencies; or

(ii) The applicant requests extension.

B. Individual License.

(1) An individual license is issued by the Board for activities involving State tidal wetlands that:

(a) Are not among those listed in Regulation .04E of this chapter;

(b) Are not delegated to the Department under Regulation .05A of this chapter; and

(c) Do not qualify for an emergency license under §C of this regulation.

(2) To obtain an individual license, a person shall apply through the Department in accordance with the procedures in COMAR 26.24.02.02 and §A(4)(b) of this regulation.

(3) An individual license is subject to public notice and an opportunity to request a public informational hearing in accordance with COMAR 26.24.01.04 and .05.

(4) If any aspect of a project requires an individual license from the Board, the entire project shall come before the Board, including those activities that are delegated under Regulation .05A of this chapter.

C. Emergency License.

(1) Without prior public notice, the Administrator may issue an emergency license when an emergency exists caused by an act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice.

(2) An emergency license issued under §A of this regulation, including its effective period, is limited to only those activities necessary to abate or mitigate the emergency.

(3) Any additional activities beyond those necessary to abate or mitigate the emergency require either a general or individual license under §A or B of this regulation.

(4) To obtain an emergency license a person shall apply through the Department. The initial request may be made orally. The applicant shall provide the following written information to the Department within 3 days:

(a) Applicant's name;

(b) Location of the emergency activity;

(c) Site photographs;

(d) Extent of work to be done;

(e) Anticipated impact on tidal wetlands; and

(f) Nature of the emergency.

(5) Promptly upon receipt of the written information, the Department shall notify the Department of Natural Resources and the Maryland Historical Trust.

(6) If the Department determines an emergency license is appropriate, the Department shall issue a written summary to the Administrator within 10 days of the initial request containing:

(a) A description of the emergency;

(b) Terms and conditions under which the emergency license should be granted;

(c) Comments received from the Department of Natural Resources and the Maryland Historical Trust; and

(d) Any other submitted comments or relevant materials.

(7) Within 14 days of the initial call, the applicant shall submit an application to the Department.

(8) Emergency License Issuance.

(a) If the Administrator agrees with the Department's determination that an emergency license is appropriate, then:

(i) The Board authorizes the Administrator to issue an emergency license; and

(ii) The Administrator shall issue the emergency license within 14 days of the initial request.

(b) The Administrator shall transmit the license to the applicant and advise the applicant to sign and return the license to the Administrator, constituting acceptance of the terms and conditions.

(c) If an applicant fails to sign and return the emergency license within 14 calendar days of transmittal, the Administrator shall notify the applicant in writing that the license is void.

(d) Upon return of the signed emergency license, the Administrator shall sign and transmit a copy of the fully signed license to the licensee and to the Department.

(e) The license is effective when fully signed under both §C(8)(b) and (d) of this regulation.

(9) After issuance of the emergency license:

(a) The Department shall provide prompt public notice and an opportunity to submit written comments and to request a public informational hearing on ratifying or revoking the license;

(b) If a public informational hearing is requested, it shall occur within 30 days of issuance of the emergency license;

(c) Within 30 days after the public comment period ends, the Department shall send to the Administrator in writing:

(i) A summary of comments received;

(ii) A summary of the public informational hearing, if held;

(iii) The Department's response to concerns raised in the comments or at the public informational hearing; and

(iv) The Department's recommendation to ratify, modify, suspend, or revoke the emergency license; and

(d) After receipt of the Department's written recommendation under §C(9)(c) of this regulation, the Administrator shall submit an Action Agenda item to the Board with the Administrator's recommendation that the Board ratify, modify, suspend, or revoke the emergency license.

Md. Code Regs. 23.02.04.06

Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873); adopted effective 48:13 Md. R. 510, eff. 6/28/2021