1. A. A person shall be permitted by this regulation to make changes in the course, current, or cross section of waters of the State if:

   1. (1) Conditions specified in this regulation for those activities are met; and
   2. (2) The project is not located in the stream channel or floodplain of a wild and scenic river as defined in Natural Resources Article, §8-402, Annotated Code of Maryland.

2. B. The changes permitted in §A of this regulation include:

   1. (1) Clearing and grading activities in the 100-year frequency floodplain when:

      1. (a) Less than 5,000 feet of land area and less than 100 cubic yards of earth are disturbed;
      2. (b) Habitable structures are not constructed; and
      3. (c) Permanent obstructions are not created that would affect the hydraulic characteristics of the waters of the State;
   2. (2) Temporary construction on the waters of the State which meet the special requirements of Regulation .08B, C, D, and E of this chapter; or
   3. (3) Minor maintenance and repair of existing structures that are located in the waters of the State.

3. C. In addition to the conditions imposed on the categories of construction activities set forth in §§A and B of this regulation, an owner of a project site subject to the general waterway construction permit shall do all of the following:

   1. (1) Submit to the Administration an application for the planned construction activity, including:

      1. (a) Any required plans;
      2. (b) Specifications for screening and concurrence with this chapter;
      3. (c) The construction schedule; and
      4. (d) Anticipated dates of the beginning of construction activity;
   2. (2) Allow reasonable inspection of the site by representatives of the Administration;
   3. (3) Maintain construction plans and specifications at the construction site for reasonable inspection by the Administration during construction;
   4. (4) When applicable, obtain an approved sediment and erosion control plan from the local soil conservation district before construction; and
   5. (5) Provide for specifically designed measures, which shall be included in the construction plans, to minimize sediment pollutants from entering the waters of the State for those construction activities within a stream channel that are not subject to the requirements of COMAR 26.17.01.05, which requires an approved erosion and sediment control plan for certain activities.
4. D. The Administration shall provide written concurrence for projects meeting the requirements of this regulation within 30 days of application submission if no review is requested by other agencies.

Authority: Environment Article, §§1-404 and 5-501—5-514, Annotated Code of Maryland

Effective date: August 11, 1978 (5:16 Md. R. 1256)

Regulation .09E amended as an emergency provision effective June 23, 1980 (7:14 Md. R. 1345); adopted permanently effective November 9, 1980 (7:22 Md. R. 2072)

Chapter revised effective November 3, 1986 (13:22 Md. R. 2396)

Regulation .03 amended effective June 29, 1987 (14:13 Md. R. 1471)

Regulation .05B amended effective August 8, 1988 (15:16 Md. R. 1913)

Regulation .11B amended effective October 16, 1989 (16:20 Md. R. 2180)

Regulations .14 and .15 adopted as an emergency provision effective October 10, 1989 (16:25 Md. R. 2704); emergency status expired December 31, 1990 (17:8 Md. R. 969)

Chapter recodified from COMAR 08.05.03 to COMAR 26.17.04, June 1996

Regulation .03 amended as an emergency provision effective October 22, 1996 (23:23 Md. R. 1551); emergency status extended at 24:13 Md. R. 929

Regulation .03 amended effective December 1, 1997 (24:24 Md. R. 1672)

Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1733)

Regulation .05B, G amended effective June 14, 2021 (48:12 Md. R. 475)

Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective October 22, 1996 (23:23 Md. R. 1551); emergency status expired April 22, 1997

Regulation .10 amended effective June 18, 2018 (45:12 Md. R. 620)