1. A. With the exception of those persons listed in §B of this regulation, a person shall obtain a permit from the Department before appropriating or using waters of the State. A person who shall obtain a permit from the Department includes:

   1. (1) A person appropriating or using water for any agricultural, commercial, institutional, industrial, or municipal purpose;
   2. (2) A person subdividing land if the subdivision may require an appropriation or use of waters of the State whether from a central source or a source located on each subsequently created lot;
   3. (3) A person planning to build any structure or impoundment which will horizontally or vertically move water from its source of natural occurrence;
   4. (4) A person appropriating or using surface water or ground water for domestic heating or cooling.

2. B. A person is not required to obtain a permit from the Department if that person is appropriating or using water for:

   1. (1) Agricultural purposes if the average annual use is less than 10,000 gallons per day;

   2. (2) Residential subdivisions of ten or fewer lots if:

      1. (a) The water is obtained from individual wells located on each lot,
      2. (b) For properties located west of the fall line only, the average lot size is not less than 1 acre, and
      3. (c) The subdivision is not located within a water management strategy area;

   3. (3) Temporary dewatering during construction if:

      1. (a) The duration of the dewatering including any intermittent periods of nonpumping is expected to last for less than 30 calendar days, and
      2. (b) The appropriation does not exceed an average of 10,000 gallons per day (gpd);
   4. (4) Domestic uses other than for heating or cooling; or
   5. (5) Extinguishing a fire.
3. C. Compliance with the regulations in this chapter does not exempt any person making an appropriation or use of waters of the State within the Susquehanna River Basin from the requirements of the Susquehanna River Basin Commission.

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

Effective date:

Regulations .01—.06 effective May 1, 1972

Regulation .07 effective April 1, 1970 (Regulation .07 was formerly codified as COMAR 08.05.03.03 under the chapter entitled “Surface Water”.

Regulation .07 was placed in this chapter when the remainder of the “Surface Water” regulations were repealed.)

Regulations .01—.07, Groundwater Regulations, repealed effective March 7, 1988 (15:5 Md. R. 617)

Regulations .01—.09, Water Appropriation or Use, adopted effective March 7, 1988 (15:5 Md. R. 617)

Regulation .05B amended effective January 9, 1989 (15:27 Md. R. 3128)

Chapter recodified from COMAR 08.05.02 to COMAR 26.17.06, June 1996

Regulation .01B amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .02A amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .03A, B amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .04 amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .05 amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .06 amended effective April 21, 1997 (24:8 Md. R. 618)

Regulation .08 repealed and new Regulation .08 adopted effective April 21, 1997 (24:8 Md. R. 618)

Regulation .09 repealed effective April 21, 1997 (24:8 Md. R. 618)

Chapter revised effective December 22, 2014 (41:25 Md. R. 1486)