The Department shall decide whether an applicant is entitled to a deferral of mitigation of nontidal wetlands by doing the following:

1. A. Evaluating the applicant's petition and determine the applicant's net worth;
2. B. Comparing the applicant's net worth with the cost of any proposed mitigation alternatives on the farm; and
3. C. Determining whether a deferral is justified on the grounds that any required mitigation of nontidal wetlands will create an economic hardship which would jeopardize the viable continued operation of the farm.

Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland

Effective date: September 30, 1991 (18:19 Md. R. 2102)