1. A. Except as provided otherwise in this section, the Administration shall provide notice of an opportunity for a public hearing, within 1 month after filing an application for a permit to:

   1. (1) Construct or reconstruct a reservoir, dam, or other waterway obstruction;
   2. (2) Construct a waterway; or
   3. (3) Dredge, fill, bulkhead, or change the shoreline as required by this chapter.
2. B. The provisions of this regulation do not apply to those projects that meet the criteria established for a general waterway construction permit as specified in Regulation .10 of this chapter.

3. C. The Administration may waive holding a public hearing on any application, if:

   1. (1) There is an emergency to save life or property;
   2. (2) There is a request to make minor repairs or routine maintenance;
   3. (3) Roads, bridges, or culverts meet minimum design standards set forth herein and the construction does not adversely affect known water resources projects or have potentially significant adverse environmental effects;
   4. (4) Dams are classed by the Administration in Category IV;
   5. (5) Plans of other projects that conform to water resources development plans accepted and adopted by the Administration were subject to public hearing and the Administration's review finds no changed conditions in them since the last public review and comment to justify another hearing;
   6. (6) Temporary construction meeting the minimum design standards set forth herein;
   7. (7) There is a request to make minor changes or modifications to existing permits.

4. D. The notice for and conduct of the public hearing shall be in conformance with COMAR 26.01.07. The notice for the public hearing shall be made upon the acceptance of a complete application, as follows:

   1. (1) The Administration shall prepare and insert the notice in the Maryland Register and required newspapers. The cost of this notice shall be borne by the applicant.

   2. (2) The applicant shall, by the date of publication of the above notice in the Maryland Register, notify all of the following of the application and hearing and certify same to the Administration before or at the hearing:

      1. (a) All adjacent property owners;
      2. (b) The mayor or chief executive official of each affected municipality;
      3. (c) The legislative body and chief executive official of each affected county;
      4. (d) The soil conservation districts affected; and
      5. (e) Other persons, as requested in writing by the Administration.

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)