1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Limit of clearing” means the boundaries within which planned cutting, clearing, or grubbing of vegetation associated with stream restoration will occur.
   3. (3) “Limit of disturbance” means the boundary within which additional construction, materials and equipment storage, grading, landscaping, and related activities may occur.
2. (b) An applicant seeking an authorization for a stream and floodplain restoration project in the State shall be subject to the requirements of this section.

3. (c)

   1. (1) A project applicant shall provide public notice at 30% design completion, including:

      1. (i) Mailing written notice to any residence or business within a radius of 200 feet of the proposed project area's boundary; and
      2. (ii) Posting notice at points of public access to the project.

   2. (2) The public notice required under this subsection shall include:

      1. (i) Information on the project applicant applying for project authorization, including contact information for the applicant;
      2. (ii) The purpose of the project; and
      3. (iii) If applicable, information about the public meeting under subsection (d) of this section.

4. (d)

   1. (1) The provisions of this subsection do not apply if:

      1. (i) The project applicant is an individual;
      2. (ii) The proposed project is sited on the individual's property; and
      3. (iii) No residence, other than the individual's residence, or business is located within a radius of 200 feet from the project boundary.

   2. (2) A project applicant shall:

      1. (i) Hold an in-person public meeting that includes an option for virtual attendance;
      2. (ii) Take meeting minutes and record the meeting;

      3. (iii) Present:

         1. 1. The project design report and plans;
         2. 2. A forest stand delineation;
         3. 3. The Department's Stream Restoration Authorization Checklist; and

         4. 4. A separate sheet with the design drawings clearly identifying:

            1. A. The limit of clearing, if any;
            2. B. The limit of disturbance; and
            3. C. To the extent practicable, notation where additional trees are planned to be removed; and
      4. (iv) Post the documents and meeting minutes on the project applicant's website.
   3. (3) A project applicant shall hold the public meeting required under this subsection when the project design is 60% complete.

5. (e) A project applicant shall submit to the Department all relevant documents as part of the application and review process, including:

   1. (1) The project design report and drawings, including a sheet clearly identifying:

      1. (i) The limit of clearing, if any; and
      2. (ii) The limit of disturbance;
   2. (2) The forest stand delineation;
   3. (3) Responses to the Department's Stream Restoration Authorization Checklist;
   4. (4) The meeting minutes and, if feasible, the recording from the public meeting conducted in accordance with subsection (d) of this section; and
   5. (5) Any other documents or information requested by the Department.

6. (f)

   1. (1) The provisions of this subsection do not apply if:

      1. (i) The project applicant is an individual;
      2. (ii) The proposed project is sited on the individual's property; and
      3. (iii) No residence, other than the individual's residence, or business is located within a radius of 200 feet from the project boundary.

   2. (2) Within 24 hours after submitting an application to the Department, a project applicant shall post on its website:

      1. (i) Notice that it has submitted an application;
      2. (ii) The date of submission of the application; and
      3. (iii) A copy of the application.

Added by Acts 2024, c. 558, § 2, eff. July 1, 2025; Acts 2024, c. 559, § 2, eff. July 1, 2025.