1. A. In-stream Excavation. Except with the written permission of the Secretary of the Department of Natural Resources, in-stream excavation or clearing is prohibited between the following dates:

   1. (1) October 1 through April 30 in natural trout waters;
   2. (2) March 1 through May 31 in recreational trout waters; and
   3. (3) March 15 through June 15 in anadromous fish spawning waters.

2. B. Clearing and Snagging.

   1. (1) Clearing and snagging of a channel may not endanger channel stability.

   2. (2) The areas to be cleared and snagged shall be limited to:

      1. (a) The channel bottom, banks, and berms;
      2. (b) Adjacent trees or other objects that may fall into a channel;
      3. (c) Access roads;
      4. (d) Temporary disposal areas; and
      5. (e) Areas designated by a soil conservation district for planned conservation areas.

3. C. Revegetation.

   1. (1) On each project, a species of erosion controlling vegetation adapted to the area and a proven method of vegetation establishment shall be used for revegetation.
   2. (2) Provisions shall be taken on a project to reduce soil erosion until effective revegetation can be accomplished.

   3. (3) During the growing season, at a minimum:

      1. (a) Channel banks shall be seeded at the end of each day's excavation; and
      2. (b) Other areas where soil has been disturbed shall be seeded within 7 days of final soil disturbance.
   4. (4) The progress of revegetation shall be monitored by the association and corrective action taken when necessary.

Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland

Effective date: August 1, 1986 (13:14 Md. R. 1635)

Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)

Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)

Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)

Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)