WILLIAM DONALD SCHAEFER, Governor Ch. 6

virtue of the existence of a valid grant, lease, or patent, or a grant confirmed by Article
5 of the MARYLAND Declaration of Rights [of the Constitution], the Secretary shall
investigate and determine the validity of the claim and notify the applicant of [his] THE
SECRETARY'S determination. If, within 30 days after receipt of the Secretary's
determination, the applicant files with the Secretary a written objection to the
determination, the Secretary shall promptly institute an appropriate judicial proceeding
to determine whether the land or part of [it] THE LAND covered by the application in
dispute, is State or private wetland. The State shall bear the cost of the proceeding. The
Secretary shall mail a copy of the application to the chief administrative officer in the
county where the proposed work or any portion is located. No later than 30 days after
receipt of the application, the Secretary shall issue public notice of the opportunity to
submit written comments or to request a hearing. A hearing shall be held if requested.
If an electric [company] COMPANY, as defined under the Public Service Commission
[Law] LAW, applies to the Public Service Commission for a certificate of public
convenience associated with power plant construction which involves private wetlands,
the hearing and permit procedure shall be in accordance with § 3-306 of this article.
Every permit application, map, or document shall be open for public inspection at the
offices of the Secretary and the chief administrative officer in the county. At a
requested hearing any person may appear and give testimony. A person may not reapply
until after the expiration of 18 months from the date of the denial of a prior application
or the final determination of an appeal from the denial.

(b) In granting, denying, or limiting any permit, the Secretary or [his] THE
SECRETARY'S designated hearing officer shall consider the effect of the proposed
work with reference to the public health and welfare, marine fisheries, shellfisheries,
wildlife, economic benefits, the protection of life and property from flood, hurricane,
and any other natural disaster, and the public policy set forth in this title. In granting a
permit the Secretary may impose conditions or limitations designed to carry out the
public policy set forth in this title. [He] THE SECRETARY may require a bond in an
amount and with surety and conditions satisfactory to [him] THE SECRETARY, to
secure compliance with any condition or limitation in the permit. The Secretary may
suspend or revoke a permit if [he] THE SECRETARY finds that the applicant has not
complied with any condition or limitation in the permit or has exceeded the scope of the
work as set forth in the application. The Secretary shall state on the record[, his] THE
SECRETARY'S findings and reasons for any action taken under this subsection. [He]
THE SECRETARY shall give notice of [his] THE SECRETARY'S order of issuance,
denial, revocation, or suspension of a permit in a newspaper published within and
having a general circulation in the county where the wetland lies.

(c) The Secretary or [his] THE SECRETARY'S designee shall issue public
notice on the matter within 60 days after receipt of an application for a permit filed
pursuant to this section. The Secretary shall render a decision within 30 days after the
public comment period. Failure to act in conformance with either of these requirements
is automatic approval of the application for permit as submitted.

9-307.

The applicant, the [county] COUNTY, or the municipal government where the
land is located[,] may appeal from the Secretary's decision pursuant to § 9-306 OF

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