1. A. A person who applies for a waiver from the requirement to construct a nonstructural shoreline stabilization measure under Regulation .01C of this chapter shall:

   1. (1) Use the form provided by the Department; and
   2. (2) Complete the waiver process before submitting an application to obtain a wetlands license from the Board or a general wetlands license, wetlands permit, or general wetlands permit from the Department under COMAR 26.24.02.

2. B. When evaluating a person’s request for a waiver, the Department shall determine whether the site is suitable to support a nonstructural shoreline stabilization measure by considering:

   1. (1) The width of the waterway;
   2. (2) The bottom elevation and slope at mean low water;
   3. (3) The bottom substrate:
   4. (4) The fetch;
   5. (5) The bank elevation and orientation;
   6. (6) The degree of erosion;
   7. (7) The height and regularity of tides;
   8. (8) Any other physical constraints that would impede or prevent successful establishment of a nonstructural shoreline stabilization measure; and
   9. (9) Any other relevant environmental resources, including a Critical Area buffer and other plant, fish, and wildlife habitat, and the likely adverse or protective impact of a nonstructural shoreline stabilization measure on those resources in comparison to the likely adverse or protective impact of a structural shoreline stabilization measure on those resources.
3. C. A person may obtain a waiver from the requirement to use a nonstructural shoreline stabilization measure if, to the Department's satisfaction, a structural shoreline stabilization measure is the only feasible alternative that will protect and maintain the person’s shoreline.

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Regulation .01 repealed and new Regulation .01 adopted effective February 4, 2013 (40:2 Md.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