1. A. An applicant for a new or modified Subtitle 5 permit shall submit to the Administration a list of the names and addresses of contiguous property owners and appropriate local officials who have been served with a notice of application by the applicant. The Administration may consider evidence of an easement or right-of-way secured from a contiguous property owner as satisfaction of the notice requirement to a contiguous property owner under this section.

2. B. Within 30 days of the Administration's determination that a Subtitle 5 permit application is complete, the Administration shall issue a notice of completed application and opportunity for a public informational hearing on the application in accordance with all of the following. The notice shall be:

   1. (1) Mailed to each person on the interested persons list, and the Administration may add additional individuals and public officials to the interested persons list as appropriate;
   2. (2) Published for at least 1 business day in a newspaper of general circulation in the county, with the applicant bearing the cost of the newspaper notice;
   3. (3) Published in the Maryland Register in accordance with State Government Article, §7-214, Annotated Code of Maryland.

3. C. Contents. The notice required under §B of this regulation shall include:

   1. (1) The name and address of the applicant;
   2. (2) A description of the location and the nature of the activity for which the permit has been sought;
   3. (3) A reference to the applicable statutes or regulations governing the application process;
   4. (4) A statement that any further notices concerning the application will be provided only by mail to those persons on the interested persons list;

   5. (5) A description of how persons may:

      1. (a) Submit written comments or information about the application,
      2. (b) Request a public informational hearing, or
      3. (c) Request inclusion on the interested persons mailing list;
   6. (6) A statement of the deadline by which written comments, information, or hearing requests shall be received by the Administration; and
   7. (7) The name, address, and telephone number of the office within the Administration from which information about the application may be obtained.
4. D. Time. A request for a public informational hearing shall be filed within 14 calendar days after publication of the notice required under §B of this regulation.
5. E. Waiver of Public Informational Hearing. The Department may waive the holding of a public informational hearing if the permit application is of the type listed in Environment Article, §5-506(b), (d), or (e), Annotated Code of Maryland. In the case of a waiver, the only notice required shall be that provided by the applicant as described in §A of this regulation and in Environment Article, §5-506, Annotated Code of Maryland.

Authority: Environment Article, §§1-404, 5-203, and 5-506; State Government Article, §10-206; Annotated Code of Maryland

Effective date: August 17, 1977 (4:17 Md. R. 1296)

Regulations .01—.17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md. R. 2200)

Regulations .01—.12, Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits, adopted effective September 17, 1990 (17:18 Md. R. 2200)

Chapter recodified from COMAR 08.05.06 to COMAR 26.01.07, June 1996