If 5 or more years has lapsed since a previously determined categorical exclusion, FNSI, or EIS, the Department may determine to reaffirm or modify the decision contained in a previously issued categorical exclusion, FNSI, or EIS, following the Department's environmental reevaluation of the proposed project. The Department's decision to reaffirm a categorical exclusion, FNSI, or EIS more than 5 years old shall follow the public review procedures described in Regulations .04, .08, or .09, respectively, of this chapter.

Authority: Environment Article, §§9-204 and 9-1604, Annotated Code of Maryland

Effective date: September 18, 1989 (16:18 Md. R. 2025)

Regulation .01B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .02B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .04B amended effective May 5, 1997 (24:9 Md. R. 658)

Regulation .08C, D amended effective May 5, 1997 (24:9 Md. R. 658)