1184                                        LAWS OF MARYLAND                            [Ch. 4

SURFACE AREA LESS THAN 12 ACRES IS EXEMPT FROM THE
REQUIREMENT OF OBTAINING A PERMIT FROM THE DEPARTMENT
IF:

(1)     THE PLANS AND SPECIFICATIONS ARE
APPROVED BY THE APPROPRIATE SOIL CONSERVATION
DISTRICT;

(2)     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)    THE POND MEETS MINIMUM STANDARDS FOR
SAFETY SET FORTH IN DEPARTMENT RULES AND REGULATIONS.

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)    AUTHORITY TO DESIGNATE INTERJURISDICTIONAL
WATERSHEDS FOR SAFETY AND FLOOD CONTROL. - 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.

(D)    EFFECT ON DEPARTMENT'S JURISDICTION OVER
CERTAIN STRUCTURES. - THE PROVISIONS OF THIS SECTION
DO NOT RESTRICT OR LIMIT THE DEPARTMENT'S JURISDICTION
OVER WASTE TREATMENT STRUCTURES, INCLUDING BUT NOT
LIMITED TO DAMS, IMPOUNDMENTS, PONDS, AND LAGOONS.

(E)   EFFECT ON JURISDICTION OF DEPARTMENT OF
HEALTH AND MENTAL HYGIENE. - THE PROVISIONS OF THIS
SECTION DO NOT RESTRICT THE JURISDICTION OF THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

REVISOR's NOTE: This section presently appears as
Article 96A, section 12 of the Code, as
amended by Chapter 521, Acts of 1972. For
an explanation of the treatment of
subsection (a), see the revisor's note to
the preceding section. The language in
subsection (a) "except tidal waters" is
added by legislative amendment. The effect
is to restore the scope and application of