1. A. To meet the requirements of Regulation .04A(3) of this chapter, a regulated activity may not:

   1. (1) As determined by the Department, cause an individual or cumulative effect that degrades:

      1. (a) Aquatic ecosystem diversity, productivity, and stability;
      2. (b) Plankton, fish, shellfish, and wildlife;
      3. (c) Recreational and economic values; and
      4. (d) Public welfare; or

   2. (2) As determined by the Department, cause an individual or cumulative effect that:

      1. (a) Violates any applicable State water quality standard, the Environment Article of the Annotated Code of Maryland, or the Clean Water Act;
      2. (b) Degrades surface and ground water quality.

2. B. To meet the requirements of Regulation .04A(4) of this chapter, a regulated activity shall be consistent with any comprehensive watershed management plan developed or approved by the Department. Comprehensive watershed management plans shall meet the following criteria:

   1. (1) Comprehensive watershed management plans may be prepared by local, State, or federal government agencies;

   2. (2) A private property owner may request to assist in the preparation of a comprehensive watershed management plan when the entire watershed is owned by the private property owner; and:

      1. (a) When the Department, after consultation with appropriate local, State, and federal agencies, approves of the request;
      2. (b) A private property owner agrees to assist in the preparation of the comprehensive management plan in accordance with this section; and
      3. (c) The comprehensive watershed management plan meets the requirements of §B(3)—(5) of this regulation;
   3. (3) Comprehensive watershed management plans shall be prepared in cooperation with local, State, and federal agencies and approved by the Department;
   4. (4) The Department may not adopt or approve a plan before conducting a public informational hearing on the proposed plan in the county or counties affected by the comprehensive watershed management plan;

   5. (5) A comprehensive watershed management plan shall include the following elements:

      1. (a) A functional assessment of nontidal wetlands within the watershed;
      2. (b) The location of potential mitigation sites;
      3. (c) Protection of nontidal wetlands;
      4. (d) A plan for limiting cumulative impacts to nontidal wetlands;
      5. (e) Water supply management; and
      6. (f) Flood management.

Authority: Environment Article, §§5-901—5-911, Annotated Code of Maryland

Effective date: March 15, 1990 (17:5 Md. R. 637)

Chapter revised as an emergency provision effective January 1, 1991 (18:2 Md. R. 128)

Chapter revised effective May 13, 1991 (18:9 Md. R. 1007)

Regulations .01—.04, .08, .09, .14, .15, and .22 amended and Regulation .27 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994

Regulations .01—.04, .08, .09, .14, .15, and .22 amended and Regulation .27 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151); Regulations .01—.04, .08, .09, .14, and .22 amended and .27 adopted permanently effective October 24, 1994, (21:21 Md. R. 1813)

Regulations .01 and .15—.18 amended and Regulation .17-1 adopted effective November 7, 1994 (21:22 Md. R. 1874)

Regulations .01—.09 were recodified from Regulations .02—.07, .11, .12, and .25, respectively, under COMAR 08.05.04 Nontidal Wetlands, June 1996

Regulation .01 amended effective June 18, 2018 (45:12 Md. R. 620)

Regulation .02G, J amended effective June 18, 2018 (45:12 Md. R. 620)

Regulation .05-1 adopted as an emergency provision effective October 22, 1996 (23:23 Md. R. 1552); emergency status expired April 22, 1997

Regulation .08 amended effective June 18, 2018 (45:12 Md. R. 620)

Regulation .09 amended effective June 18, 2018 (45:12 Md. R. 620)