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MARVIN MANDEL, Governor 1187
connotation. The only other changes made
are in style.
(C) JOINT HEARING PERMISSIBLE.— IF A
STATE-POLITICAL SUBDIVISION, ACTING WITHIN ITS
AUTHORITY AND RESPONSIBILITY, HOLDS, OR IS REQUIRED TO
HOLD, PUBLIC HEARINGS ON MATTERS SUBJECT TO ANY PERMIT
THE DEPARTMENT ISSUES UNDER THIS SECTION, THE
STATE-POLITICAL SUBDIVISION AND THE DEPARTMENT MAY
HOLD A JOINT HEARING. HOWEVER, INTERESTED UNITS AND
THE PUBLIC SHALL BE NOTIFIED THAT IT IS ALSO A
DEPARTMENT HEARING FOR THE PURPOSE OF OBTAINING A
DEPARTMENT PERMIT. AT A JOINT 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 Article 96A, section 15(b) of the Code.
The use of the term "shall" has a mandatory
connotation. The only other changes made
are in style.
(D) WAIVER OF HEARING.—THE DEPARTMENT MAY WAIVE
HOLDING A PUBLIC HEARING ON ANY PERMIT APPLICATION
UNDER THE FOLLOWING CONDITIONS:
(1) IF THERE IS AN EMERGENCY OR A REQUEST
TO MAKE MINOR REPAIRS, THE DEPARTMENT, UPON WRITTEN OR
ORAL APPLICATION, MAY GRANT AN APPLICATION TO REPAIR
ANY RESERVOIR, DAM, OR WATERWAY OBSTRUCTION WITHOUT
NOTICE OR HEARING. [[REPAIRO]] REPAIR NECESSARY TO
SAVE LIFE OR PROPERTY MAY BE MADE WITHOUT AN
APPLICATION, BUT NOTICE SHALL BE GIVEN PROMPTLY TO THE
DEPARTMENT.
(2) TO FILL OR BULKHEAD ALONG A TIDAL
SHORELINE OF PRIVATE, SINGLE FAMILY PROPERTIES, IF
WRITTEN NOTICE IS GIVEN TO ADJACENT PROPERTY OWNERS,
AND INTERESTED LOCAL UNITS, AND CONSTRUCTION IS LESS
THAN 300 FEET IN LENGTH AND OCCUPIES LESS THAN ONE
ACRE OF WETLAND. THE DEPARTMENT SHALL BE FURNISHED
WITH EVIDENCE OF THIS WRITTEN NOTICE.
(3) IF STATE, COUNTY, OR MUNICIPAL ROADS,
BRIDGES, OR CULVERTS MEET MINIMUM DESIGN STANDARDS
ACCEPTABLE TO THE DEPARTMENT, AND CONSTRUCTION DOES
NOT ADVERSELY AFFECT KNOWN WATER RESOURCES PROJECTS.
(4) IF PLANS OF OTHER PROJECTS WHICH
CONFORM TO WATER RESOURCES DEVELOPMENT PLANS ACCEPTED
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