2612.1 Before issuing a wetland and stream permit or certification, the Department shall provide notice of the intent to issue the permit and the opportunity for a public hearing and may provide notice of an opportunity for the public to review the proposed project and submit written comments about the application.

2612.2 The public notice shall be given by:

1. (a) Joint notice with other federal or District agencies in the Federal Register or D.C. Register;
2. (b) Publication for at least one (1) business day in a daily newspaper of general circulation in the District; or
3. (c) Publication in the D.C. Register.

2612.3 The Department may also provide for a comment period, of a duration determined by the Department, if and to the extent that the Department determines that a comment period would be in the public interest. After that comment period has ended and the Department has held a public hearing, if requested, the Department shall:

1. (a) Consider and review the written comments, testimony, and other information received; and
2. (b) Grant, deny, or condition a permit.

2612.4 The Department may delay a decision to grant, deny, or condition a permit for the following circumstances:

1. (a) Review required by federal agencies;
2. (b) Review required by other District agencies; or
3. (c) A request by an applicant.

2612.5 The Department may request additional information from the applicant or give the applicant an opportunity to provide additional information to address concerns raised during the public comment period or public hearing.

2612.6 The applicant may request, in writing, that the Department withhold its decision until additional information can be provided.

2612.7 If the applicant fails to provide additional information requested by the Department within six (6) months, the Department may consider the application as withdrawn.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).