Ch. 790                            MARVIN MANDEL, Governor                                 1647

Approved May 24, 1973.

CHAPTER 790
(House Bill 591)

AN ACT to repeal and re-enact, with amendments, Section 727 of Article 66C of
the Annotated Code of Maryland (1970 Replacement Volume and 1972
Supplement), title "Natural Resources," subtitle ''Wetlands," subheading
"Private Wetlands," to provide a procedure for certain requirements to be met
by the Secretary of Natural Resources or his designee in relation to an
application for a permit to conduct an activity not permitted by rules and
regulations. [ [vide for automatic approval of an application for a permit to
conduct an activity not permitted by rules and regulations in the event the
application is not acted upon within a specified period. ]]

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 727 of Article 66C of the Annotated Code of
Maryland (1970 Replacement Volume and 1972 Supplement), title "Natural
Resources," subtitle "Wetlands," subheading "Private Wetlands," be and it is
hereby repealed and re-enacted, with amendments, to read as follows:

727.

In granting, denying or limiting any permit, the Secretary or his duly 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 other natural
disasters, and the public policy set forth in this subtitle. In granting a permit the
Secretary may limit or impose conditions or limitations designed to carry out the
public policy set forth in this subtitle. UPON RECEIPT OF AN APPLICATION
FOR A PERMIT PURSUANT TO THIS SECTION, THE SECRETARY OR
HIS DESIGNEE SHALL HOLD A PUBLIC HEARING ON THE MATTER
WITHIN 60 DAYS AFTER RECEIPT OF THE APPLICATION. A
DECISION SHALL BE MADE BY THE SECRETARY WITHIN 30 DAYS
AFTER THE HEARING. FAILURE TO ACT IN CONFORMANCE WITH
EITHER OF THESE REQUIREMENTS SHALL CONSTITUTE
AUTOMATIC APPROVAL OF THE APPLICATION FOR PERMIT AS
SUBMITTED. [[IF, HOWEVER, NO ORDER HAS BEEN HANDED DOWN
BY THE SECRETARY OR HEARING OFFICER WITHIN NINETY DAYS
AFTER THE FILING OF AN APPLICATION, EITHER GRANTING OR
DENYING A PERMIT, THE APPLICATION WILL AUTOMATICALLY BE
APPROVED AS SUBMITTED.]]

The Secretary may require a bond in an amount and with surety and conditions
satisfactory to it securing to the State compliance with the conditions and
limitations set forth in the permit. The Secretary may suspend or revoke a permit
if the Secretary finds that the applicant has not complied with any of the
conditions or limitations set forth in the permit or has exceeded the scope of the
work as set forth in the application. The Secretary shall state upon his record, his
findings and reasons for all actions taken pursuant to this section. The Secretary
shall cause notice of his order in issuance, denial, revocation or suspension of a
permit to be published in a newspaper published within and having a general
circulation in the county or counties wherein the wetland lies. An appeal of the
order may be taken to the board of review of the Department of Natural
Resources as provided by § 237 of Article 41 of the Annotated Code by the
applicant or the county or municipal government in which the land is located. This