2013 Maryland Code
ENVIRONMENT
§ 5-203 - General powers, duties, and responsibilities of Department

§5-203.

(a) The Department has general supervisory power, regulation, and control over the water resources of the State within the boundaries of the tidal waters as provided in this article.

(b) The Department shall exercise to the fullest extent possible the State’s responsibility for its water resources by planning and supervising multiple purpose development and conservation of the waters of the State for the State’s best interests and benefit. The Department shall develop a general water resources program which contemplates proper conservation and development of the waters of the State, in a manner compatible with multiple purpose management on a watershed or aquifer basis, or any other appropriate geographical unit. The program shall recognize and be consistent with functions of other State units. The Department shall be guided by the program in the performance of its duties.

(c) The Department may make or cause to be made surveys, maps, investigations, and studies of water resources of the State necessary to provide sufficient information to formulate a program and perform its duties. The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of The Johns Hopkins University, or other appropriate research organizations.

(d) The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the code relating to budget and procurement.

(e) In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.

(f) (1) The Department may issue orders for corrective measures to any person who the Department believes to be violating any provision of this title or any regulation adopted under this title.

(2) The person to whom an order is issued may, on request, contest the order in a hearing before the Department. The Department, by regulation, shall adopt procedures by which the hearings are held.

(3) A court action for violation of the terms of an order may not be instituted unless the violator has had opportunity for an administrative hearing. However, regardless of whether an order for corrective measures has been issued, the Department at any time may refer an alleged violation of this title or any regulation adopted under this title directly to the Attorney General for appropriate court action. This subsection does not prevent the Attorney General from taking immediate action against the violator.

§ 5-203 - 1. Wetlands and waterways program.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) (i) "Commercial activity" means a project or activity undertaken for consideration, regardless of whether a profit is made.

(ii) "Commercial activity" includes:

1. A subdivision;

2. A development; and

3. Constructing or operating a marina.

(3) "Commercial building" means a building that is used primarily for commercial activity.

(4) "Development" means a project for the construction of:

(i) Two or more residential dwelling units;

(ii) A commercial structure; or

(iii) An industrial structure.

(5) "Dwelling unit" means a property that contains:

(i) One or more rooms used as a residence;

(ii) Kitchen facilities; and

(iii) Bathroom facilities.

(6) "Major project" means a project that:

(i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain;

(ii) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:

1. Has been developed and maintained by the Department of Natural Resources; and

2. Is used by the Department to screen incoming applications; or

(iii) Requires the issuance of a public notice by the Department.

(7) "Marina" means a facility for the mooring, docking, or storing of more than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or community facility.

(8) "Minor project" means a project that:

(i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100-year floodplain; and

(ii) Does not meet the definition of a major project.

(9) "Residential activity" means a noncommercial activity that is conducted on residential property.

(10) (i) "Residential property" means improved property that is used primarily as a residence or unimproved property that is zoned for use as a residence.

(ii) "Residential property" includes:

1. Property owned by a homeowners' association; and

2. A condominium.

(iii) "Residential property" does not include:

1. A commercial building;

2. A marina; or

3. A residential apartment complex or building.

(11) (i) "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or future purpose of selling or development.

(ii) "Subdivision" includes resubdivision.

(b) Wetlands and waterways program fees. --

(1) Except as provided under paragraphs (2) and (3) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5-503 and 5-906 of this title and §§ 16-202, 16-302, and 16-307 of this article or wetlands licenses issued by the Board of Public Works under § 16-202 of this article shall be accompanied by an application fee as follows :

(i) For an application for a minor project or general permit....$ 750;

(ii) For an application for a minor modification................$ 250;

(iii) for an application for a major project with a proposed
permanent impact of:

1. Less than 1/4 acre.....................................$ 1,500;

2. At least 1/4 acre, but less than 1/2 acre.............$ 3,000;

3. At least 1/2 acre, but less than 3/4 acre.............$ 4,500;

4. At least 3/4 acre, but less than 1 acre............$ 6,000; and

5. 1 acre or more ..... the impact area in acres multiplied by $
7,500; and

(iv) For an application for a major modification.............$ 1,500.

(2) The following are exempt from the application fees established under
paragraph (1) of this subsection:

(i) Regulated activities conducted by the State, a municipal
corporation, county, bicounty or multicounty agency under Division II of the
Land Use Article or Division II of the Public Utilities Article, or a unit of
the State, a municipal corporation, or a county;

(ii) Performance of agricultural best management practices contained
in a soil conservation and water quality plan approved by the appropriate soil
conservation district;

(iii) Performance of forestry best management practices contained in
an erosion and sediment control plan:

1. Prepared by a registered forester; and

2. Approved by the appropriate soil conservation district;

(iv) Stream restoration, vegetative shoreline stabilization, wetland
creation, or other project in which the primary effect is to enhance the
State's wetland or water resources; and

(v) Aquacultural activities for which the Department of Natural
Resources has issued a permit under Title 4, Subtitle 11A of the Natural
Resources Article.

(3) Except as provided in paragraph (4) of this subsection, the
following shall be minor projects and subject to the appropriate application
fee under paragraph (1)(i) and (ii) of this subsection:

(i) A residential activity issued a permit under §§ 5-503 and 5-906
of this title and §§ 16-202, 16-302, and 16-307 of this article; and

(ii) A mining activity undertaken on affected land as identified in a
permit issued under Title 15 of this article.

(4) Subject to paragraph (5) of this subsection, an application for the
following minor projects shall be accompanied by the following application
fees:

(i) Installation of one boat lift, hoist, or personal watercraft lift
at each authorized slip, not exceeding four slips, lifts, or hoists per pier...
........................................................................$ 300;

(ii) Installation of a maximum of six mooring pilings...........$ 300;

(iii) In-kind repair and replacement of structures..............$ 300;

(iv) Installation of a fixed or floating platform on an existing pier
where the total platform area does not exceed 200 square feet............$ 300;

(v) Construction of a nonhabitable structure that permanently impacts
less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence...
.........................................................................$ 300;

(vi) Replacement of an existing bulkhead where the replacement
bulkhead does not exceed more than 18 inches channelward of the existing
structure............................................................$ 500; and

(vii) In-kind repair and replacement of existing infrastructure.$ 500.

(5) The Department may not require an application fee for:

(i) The installation of a boatlift, hoist, or personal watercraft lift on existing pilings; or

(ii) If the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment authorized under § 16-202, § 16-302, or § 16-307 of this article, the routine maintenance, repair, or replacement of:

1. A highway structure;

2. A pier;

3. A boathouse;

4. A structure on a pier;

5. A bulkhead;

6. A revetment;

7. A tidal impoundment dike;

8. A water control structure;

9. An aboveground transmission facility;

10. An agricultural drainage ditch; or

11. A highway drainage ditch.

(6) The fees imposed under this subsection may not be modified without legislative enactment.

(7) (i) Subject to paragraph (6) of this subsection, the Department may adjust the fees established under paragraphs (1) and (4) of this subsection to reflect changes in the consumer price index for all "urban consumers" for the expenditure category "all items not seasonally adjusted", and for all regions.

(ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraphs (1) and (4) of this subsection

(c) Wetlands and Waterways Program Fund. --

(1) There is a Wetlands and Waterways Program Fund.

(2) The Department shall administer the Fund.

(3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(4) The Fund consists of all:

(i) Application fees collected by the Department under this section;

(ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16-205(d)(2) of this article;

(iii) Money appropriated in the State budget to the Fund; and

(iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.

(5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:

(i) The issuance of authorizations by the Department under §§ 5-503 and 5-906 of this title and §§ 16-202, 16-302, and 16-307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16-202 of this article;

(ii) The management, conservation, protection, and preservation of the State's wetlands and waterways resources; and

(iii) Program development associated with Title 5 and Title 16 of this article, as provided by the State budget.

(d) Annual reports. -- On or before December 31 of each year, in accordance with § 2-1246 of the State Government Article, the Department shall prepare and submit an annual report to the House Environmental Matters Committee, the House Appropriations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund.

(e) Duties of Department. -- The Department shall:

(1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; and

(2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1-607 of this article.