1188                                        LAWS OF MARYLAND                            [Ch. 4

AND ADOPTED BY THE DEPARTMENT WERE SUBJECT TO PUBLIC
HEARING AND THE DEPARTMENT'S REVIEW FINDS NO CHANGED
CONDITIONS IN THEM SINCE THE LAST PUBLIC REVIEW AND
COMMENT TO JUSTIFY ANOTHER HEARING.

(5) IF TEMPORARY STRUCTURES CONSTRUCTED TO
PROVIDE ACCESS ACROSS STREAMS DURING CONSTRUCTION
OPERATIONS OR TO TRAP SEDIMENT OR ACHIEVE ANOTHER
SIMILAR PURPOSE MEETS MINIMUM DESIGN STANDARDS THE
DEPARTMENT ESTABLISHES, AND ARE REMOVED COMPLETELY, IN
A MANNER ACCEPTABLE TO THE DEPARTMENT, WITHIN SIX
MONTHS AFTER NEED FOR THE STRUCTURE IS TERMINATED.

REVISOR'S NOTE: This subsection presently appears
as Article 96A, section 15(c) of the Code,
as amended by Chapter 348, Acts of 1972.
The only changes made are in style.

8-807. WHEN PERMIT GRANTED.

(A) DEPARTMENT STANDARD.—BEFORE ACTING ON ANY
PERMIT APPLICATION, THE DEPARTMENT SHALL WEIGH ALL
RESPECTIVE PUBLIC ADVANTAGES AND DISADVANTAGES AND
MAKE ALL APPROPRIATE INVESTIGATIONS. IF THE
DEPARTMENT BELIEVES FROM THE EVIDENCE BEFORE IT AND
BASED UPON STATE WATER RESOURCES POLICY DECLARED IN
THIS SUBTITLE THAT THE APPLICANT'S PLANS PROVIDE
GREATEST FEASIBLE UTILIZATION OF THE WATERS OF THE
STATE, ADEQUATELY PRESERVE PUBLIC SAFETY, AND PROMOTE
THE GENERAL PUBLIC WELFARE, IT SHALL GRANT THE PERMIT
TO APPROPRIATE OR USE THE WATERS, CONSTRUCT,
RECONSTRUCT, OR REPAIR THE PROPOSED RESERVOIR, DAM, OR
WATERWAY OBSTRUCTION, OR ACCOMPLISH ANY COMBINATION OF
THESE OBJECTIVES. IF THE DEPARTMENT BELIEVES, FROM
THE EVIDENCE BEFORE IT, THAT THE PROPOSED
APPROPRIATION OR USE OF STATE WATERS OR PROPOSED
CONSTRUCTION IS INADEQUATE, WASTEFUL, DANGEROUS,
IMPRACTICABLE OR DETRIMENTAL TO THE BEST PUBLIC
INTEREST, IT MAY REJECT THE APPLICATION OR SUGGEST
MODIFICATIONS TO THE PROPOSED PLANS TO PROTECT THE
PUBLIC WELFARE AND SAFETY.

(E) CONDITIONS OF GRANT.--IN GRANTING ANY PERMIT

TO APPROPRIATE OR USE WATER, OR CONSTRUCT ANY
RESERVOIR, DAM OR WATERWAY OBSTRUCTION, THE DEPARTMENT
MAY INCLUDE ANY CONDITION, TERM, OR RESERVATION
CONCERNING THE CHARACTER, AMOUNT, MEANS AND MANNER OF
THE APPROPRIATION OR USE OR METHOD OF CONSTRUCTION
NECESSARY TO PRESERVE PROPER CONTROL IN THE STATE AND
INSURE THE SAFETY AND WELFARE OF THE PEOPLE OF THE
STATE. THE DEPARTMENT MAY DETERMINE AND SPECIFY WHAT