1. A. The Department may not authorize an erosion control project if:

   1. (1) There is no evidence of erosion and the applicant is unable to document a claim of erosion;
   2. (2) Existing State or private tidal wetlands are effectively preventing erosion; or

   3. (3) The proposed project may adversely affect:

      1. (a) An adjacent property;
      2. (b) Navigation, and the applicant has not adequately offset these impacts;
      3. (c) Threatened or endangered species, species in need of conservation, or significant historic or archaeological resources; or
      4. (d) Natural oyster bars or private oyster leases.

2. B. A person proposing a shoreline stabilization measure in State or private tidal wetlands that requires a wetlands license from the Board or a general wetlands license, wetlands permit, or general wetlands permit from the Department shall first consider:

   1. (1) No action; and
   2. (2) Relocation of structures threatened by erosion.
3. C. Except as authorized under §E of this regulation, if the Department is satisfied that neither option listed under §B of this regulation is feasible, the person shall use a nonstructural shoreline stabilization measure.

4. D. If a structural component is necessary in order to preserve the natural shore, minimize erosion, and establish aquatic habitat, a nonstructural shoreline stabilization measure may include the use of:

   1. (1) A breakwater, sand containment structure, or sill that is acceptable to the Department; or
   2. (2) A beach that is acceptable to the Department, when used for the purpose of habitat enhancement.

5. E. A person may use a structural shoreline stabilization measure:

   1. (1) In an area identified as appropriate for structural shoreline stabilization measures by the Department, in coordination with the Maryland Department of Natural Resources, and shown on a map approved by the Department under Regulation .01-1 of this chapter; or
   2. (2) At a site where the person has obtained a waiver from the Department in accordance with Regulation .01-2 of this chapter by demonstrating to the Department’s satisfaction that a nonstructural shoreline stabilization measure is not feasible.

Authority: Environment Article, Title 16, Annotated Code of Maryland

Effective date: February 14, 1994 (21:3 Md. R. 184)

(Wetlands regulations before February 14, 1994, appeared under COMAR 08.05.07)

Regulation .14 amended as an emergency provision effective August 1, 1995 (22:17 Md. R. 1309); amended permanently effective December 4, 1995 (22:24 Md. R. 1894)

Regulations .01—.04 were recodified from Regulations .12, .14, .16, and .17, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996

Chapter revised as an emergency provision effective March 9, 2007 (34:7 Md. R. 695); emergency expired September 5, 2007

Regulation .01 repealed and new Regulation .01 adopted effective February 4, 2013 (40:2 Md. R. 73)

Regulation .01-1 adopted effective February 4, 2013 (40:2 Md. R. 73)

Regulation .01-2 adopted effective February 4, 2013 (40:2 Md. R. 73)

Regulation .01-3 adopted effective February 4, 2013 (40:2 Md. R. 73)

Regulation .01-4 adopted effective February 4, 2013 (40:2 Md. R. 73)