1. A. A person proposing a structural shoreline stabilization measure that employs a jetty, groin, breakwater, or other offshore structure, shall design the project to:

   1. (1) Allow natural littoral movement of sand along the shore;
   2. (2) Minimize erosion and undesirable shoaling;

   3. (3) Use materials that are:

      1. (a) Of adequate size, weight, and strength to function as intended;
      2. (b) Free of protruding objects, debris, and contaminants; and
      3. (c) Selected to minimize impacts to water quality and plant, fish, and wildlife habitat;
   4. (4) Use backfill material free of litter, refuse, junk, metal, tree stumps, logs, or other unsuitable materials;
   5. (5) Prevent damage due to scour; and
   6. (6) Minimize grading and other impacts on riparian habitat.

2. B. The Department may not authorize encroachment into State or private tidal wetlands unless:

   1. (1) The encroachment is limited to that which is structurally necessary and is verified by a design report or other documentation, as required by the Department; and

   2. (2) For a bulkhead:

      1. (a) The encroachment is three feet or less beyond the mean high water line; and
      2. (b) Other nonstructural and structural shoreline stabilization measures are infeasible, as determined by the Department.

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Regulation .01 repealed and new Regulation .01 adopted effective February 4, 2013 (40:2 Md.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