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Session Laws, 1971
Volume 707, Page 1384   View pdf image
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15.

(A) EXCEPT AS HEREINAFTER PROVIDED, WITHIN ONE
MONTH AFTER THE FILING WITH THE DEPARTMENT OF
ANY APPLICATION, THE DEPARTMENT SHALL SET A DAY
FOR A PUBLIC HEARING UPON THE APPLICATION FOR
ANY OF THE FOLLOWING PERMITS: (1) APPROPRIATION OR
USE OF ANY WATERS OF THE STATE; (2) CONSTRUCTION
OR RECONSTRUCTION OF A RESERVOIR, DAM, OR WATER-
WAY OBSTRUCTION; (3) CONSTRUCTION IN A WATERWAY;
AND (4) DREDGING OR FILLING OR BULKHEADING OR
SHORE LINE CHANGES.

THE APPLICANT SHALL PERSONALLY OR BY CERTIFIED
MAIL SERVE THE ADJACENT PROPERTY OWNERS WITH
NOTICE OF THE APPLICATION AND SHALL CERTIFY THE
SAME TO THE DEPARTMENT OF WATER RESOURCES, AND
SHALL
GIVE NOTICE TO THE PUBLIC OF THE APPLICA-
TION AND HEARING BY PUBLICATION ONCE IN EACH
WEEK FOR TWO SUCCESSIVE WEEKS PRIOR TO THE HEAR-
ING IN A DAILY NEWSPAPER PUBLISHED IN THE CITY OR
CITIES, COUNTY OR COUNTIES, AND IN MORE THAN ONE
WEEKLY NEWSPAPER OF GENERAL CIRCULATION IN THE
CITY OR CITIES, COUNTY OR COUNTIES, WHICH THE DE-
PARTMENT DETERMINES MAY BE DIRECTLY AFFECTED
BY THE PROPOSED APPROPRIATION OR USE, OR CON-
STRUCTION, RECONSTRUCTION, OR REPAIR. THE COUNTY
COMMISSIONERS OF EACH SUCH COUNTY, THE MAYOR OR
CHIEF EXECUTIVE OFFICIALS OF EACH SUCH CITY AND
THE PROPER OFFICIALS OF ANY INTERESTED AGENCY OF
THE STATE, OR POLITICAL SUBDIVISION THEREOF SHALL
ALSO BE NOTIFIED BY THE APPLICANT BY REGISTERED
OR CERTIFIED MAIL. IN THE PUBLIC NOTICE OF THE
APPLICATION, THE DATE, PLACE, AND TIME FIXED BY
THE DEPARTMENT FOR THE PUBLIC HEARING ON THE
APPLICATION SHALL BE STATED, AT THE PUBLIC HEAR-

1384                             Laws of Maryland                      [Ch. 658

other political subdivision of the State, to construct, reconstruct or
repair any reservoir, dam or waterway obstruction; or to make or
construct, or permit to be made or constructed, any change therein

or addition thereto; or to make, or permit to be made, any change

in, addition to, or repair of, any existing water obstruction; or in

any manner to change the course, current, or cross section of any

stream or body of water, wholly or partly, within this State, without
notifying adjacent property owners and
without a permit from the
Department, in writing, previously obtained, upon written applica-
tion therefor to said Department. Nothing in this subsection shall
be construed to
apply to any dam or obstruction which is ten feet
or less in height above the elevation of the stream bed or waterway,
nor shall it
apply to any reservoir with a storage capacity of less

than one million gallons, nor shall it apply to any reservoir to be

designed, constructed and operated as a waste stabilization lagoon

under permit of the State Department of Health, nor shall it apply
to any structure for the impounding of water less than four feet in
depth, over tidal and nontidal swamplands for the propagation of
muskrats and other wildlife species; nor shall it apply to drainage
systems designed exclusively for the
purpose of collection, convey-
ance, or
disposal of storm water.

 

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Session Laws, 1971
Volume 707, Page 1384   View pdf image
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