1186                                        LAWS OF MARYLAND                            [Ch. 4

FILING APPLICATION FOR A PERMIT TO APPROPRIATE OR USE
ANY WATERS OF THE STATE, CONSTRUCT OR RECONSTRUCT A
RESERVOIR, DAM, OR WATERWAY OBSTRUCTION, CONSTRUCT A
WATERWAY, OR DREDGE, FILL, BULKHEAD, OR CHANGE THE
SHORELINE, THE DEPARTMENT SHALL SET A DATE FOR A
PUBLIC HEARING ON THE APPLICATION.

REVISOR'S NOTE: This subsection presently appears
as the first paragraph of Article 96A,
section 15(a) of the Code. The only
changes made are in style.

(E) NOTICE OF HEARING.—THE APPLICANT PERSONALLY
OR BY REGISTERED OR CERTIFIED MAIL SHALL SERVE EVERY
ADJACENT PROPERTY OWNER WITH NOTICE OF THE APPLICATION
AND CERTIFY THIS FACT TO THE DEPARTMENT. IN ADDITION,
HE SHALL NOTIFY THE PUBLIC OF THE APPLICATION AND
HEARING BY PUBLICATION ONCE IN EACH WEEK FOR TWO
SUCCESSIVE WEEKS PRIOR TO THE HEARING IN A DAILY
NEWSPAPER PUBLISHED IN ONE OR MORE COUNTIES, AND IN
MORE THAN ONE WEEKLY NEWSPAPER OF GENERAL CIRCULATION
IN ONE OR MORE COUNTIES, WHICH THE DEPARTMENT
DETERMINES MAY BE DIRECTLY AFFECTED BY THE PROPOSED
APPROPRIATION, USE, CONSTRUCTION, RECONSTRUCTION, OR
REPAIR. THE APPLICANT ALSO SHALL NOTIFY BY REGISTERED
OR CERTIFIED MAIL THE MAYOR OR CHIEF EXECUTIVE
OFFICIALS OF EACH CITY, THE COUNTY LEGISLATIVE BODY
AND CHIEF EXECUTIVE OFFICIAL OF EACH AFFECTED COUNTY,
AND THE PROPER OFFICIAL OF ANY INTERESTED STATE UNIT
OR POLITICAL SUBDIVISION. THE DATE, PLACE, AND TIME
FIXED BY THE DEPARTMENT FOR THE PUBLIC HEARING ON THE
APPLICATION SHALL BE STATED IN THE PUBLIC NOTICE. AT
THE PUBLIC HEARING, THE APPLICANT AND ANY INTERESTED
PERSON SHALL BE GIVEN AN OPPORTUNITY TO PRESENT FACTS,
EVIDENCE, AND ARGUMENTS FOR OR AGAINST GRANTING THE
APPLICATION.

REVISOR'S NOTE: This subsection presently appears
as the second paragraph of Article 96A,
section 15(a) of the Code, as amended by
Chapter 329, H.B. 927, Acts of 1973.
References to "city" are proposed for
deletion because that term is included in
the meaning of the word "county". See
Article 1, section 14.

The phrase "county commissioners" is
proposed for deletion and "legislative
body" is substituted therefor to include
both charter and noncharter counties. The
use of the term "shall" has a mandatory