If a permit or other authorization is granted, the Department may require an applicant to comply with best management practices, including one or more of the following:

1. A. Protect against future disturbances to the nontidal wetland of special State concern by showing its surveyed boundary, expanded buffer, waterways, and 100-year floodplains on the property deed, and recording the information with the county;
2. B. Avoid impacts to regulated wetlands, buffers, expanded buffers, waterways, 100-year floodplains, and steep slopes or highly erodible soils as described in COMAR 26.23.01.04C that may cause an adverse impact to the nontidal wetland of special State concern;
3. C. Restrict regulated activities to the minimum area necessary to meet the project purpose;
4. D. Maintain existing groundwater recharge to the nontidal wetland of special State concern and tributaries to nontidal wetlands of special State concern by limiting impervious surfaces;
5. E. Use nonstructural stormwater management practices consistent with those in COMAR 26.17.02, to the extent practicable, such as infiltration, retention of forest, wetlands, and associated buffers, undisturbed floodplains, open space, and steep slopes, in association with structural stormwater management on properties with nontidal wetlands of special State concern or tributaries to nontidal wetlands of special State concern;
6. F. Manage runoff so that there is no direct discharge of stormwater into wetlands or waterways;
7. G. Restrict impervious surface on the project site to 15 percent or less, where practicable;
8. H. Install sediment controls such as super silt fences or comparable controls to completely surround all disturbed areas and maintain controls daily;
9. I. Stabilize disturbed areas daily with noninvasive native species;
10. J. Place vegetative waste, including yard waste, grass clippings, leaves, etc. or other debris outside of regulated wetlands, expanded buffers, waterways, and 100-year floodplains that are in the drainage area of the nontidal wetland of special State concern; or
11. K. Use other management practices listed in COMAR 26.23.03.02.

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 and .02 were recodified from Regulations .26 and .27, respectively, under COMAR 08.05.04 Nontidal Wetlands, June 1996

Regulation .01 amended as an emergency provision effective September 1, 2000 (27:19 Md. R. 1723); emergency status expired December 31, 2000; emergency status extended at 28:3 Md. R.; amended permanently effective February 5, 2001 (28:2 Md. R. 105)

Regulation .02 amended as an emergency provision effective September 1, 2000 (27:19 Md. R. 1723); emergency status expired December 31, 2000; emergency status extended at 28:3 Md. R.; amended permanently effective February 5, 2001 (28:2 Md. R. 105)

Regulation .03 adopted as an emergency provision effective September 1, 2000 (27:19 Md. R. 1723); emergency status expired December 31, 2000; emergency status extended at 28:3 Md. R.; amended permanently effective February 5, 2001 (28:2 Md. R. 105)