Ch. 6 LAWS OF MARYLAND

change or addition to any reservoir, [dam] DAM, or waterway obstruction, [or] TO
make[,] or permit to be made[,] any change in, addition to, or repair of[,] any existing
waterway obstruction, or in any manner to change in whole or part the course, current,
or cross section of any stream or body of water[,] within the [State] STATE, except
tidal waters. The permit is obtained upon written application to the Department.

(2) (i) If by March 1, 1982[,] a flood management plan for Jones Falls is
not prepared and approved and implementation begun under § 8-9A-03 of this
[article] TITLE, the Department shall adopt regulations limiting construction,
reconstruction, or changes in the course, current, or cross section of the channel and
floodplain of the Jones Falls in the Patapsco River watershed until [such] A time as a
flood management plan for Jones Falls is prepared, approved, and implemented under
Subtitle 9A of this title.

(3) Due to variances in floodplain measurements, [no] A new residential
permit for construction in the Jones Falls floodplain within 25 feet adjacent to the
floodplain [may] MAY NOT be approved or issued until the flood management plan
for the Jones Falls is prepared, [approved] APPROVED, and implemented under
Subtitle 9A of this title.

(b) (1) A small pond, except a waste water stabilization pond, which has a
contributory drainage area of less than one square mile (640 acres), a normal depth of
water less than 15 feet above the original stream bed, and a normal surface area less
than 12 acres is exempt from the requirement of obtaining a permit from the
Department if:

[(1)] (I) The plans and specifications are approved by the appropriate soil
conservation district;

[(2)] (II) The pond is not located within drainage of the Gwynns Falls,
Jones Falls, or Herring Run streams situated in or adjacent to Baltimore City; and

[(3)] (III) The pond meets minimum standards for safety set forth in
Department rules and regulations.

(2) The soil conservation district shall notify the Department of any pond
approved under this subsection. Nothing in this subsection is a limitation on the
Department's authority under this subtitle.

(c) The Department, by [rule or] regulation, may designate interjurisdictional
watersheds in which any impoundment proposal is subject to review and approval by the
Department for standards relating to safety and flood control. Gwynns Falls, Jones
Falls, and Herring Run[,] situated in or adjacent to Baltimore City are designated
interjurisdictional watersheds.

(f) Agricultural drainage systems, for the purpose of lowering the level of water
in the soil, with a total drainage area of 2, 500 acres or less are exempt from the
requirement of obtaining a permit from the [Department] DEPARTMENT, except that
drainage systems financed or managed by a public drainage association are exempt from
this requirement only if plans for construction, operation, and maintenance have been

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