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Ch. 380 -
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1200
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LAWS OF MARYLAND
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FOR the purpose of providing that the Board of Public Works need
not hold a public hearing on an application for a wetlands
license for certain vegetative stabilization activities the
purpose of shore erosion control by placing riprap along the
base of a repair or replacement bulkhead nor by landscaping
and wetland plant establishment; and relating generally to
exemptions to the public hearing requirement for wetlands
licenses.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 9-202(c)
Annotated Code of Maryland
(1974 Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
9-202.
(c) (1) After a hearing in the local subdivision affected,
the Board shall decide if issuance of the license is in the best
interest of the State, taking into account the varying
ecological, economic, developmental, recreational, and aesthetic
values each application presents. If the Board decides to issue
the license, it shall be for consideration and on terms and
conditions the Board determines. Every license shall be in
writing.
(2) With respect to an application for a license to
fill or construct a shore erosion control structure other than
riprap on State wetlands, the Board may issue the license without
a hearing if the fill area is less than 300 feet in length
parallel to the fast land as close thereto as structurally
feasible but not more than 10 feet channelward of the mean high
water line and if after a site visit the report of the Secretary
recommends that the license be granted. The Board may issue a
license without a hearing where an emergency exists caused by act
of God, natural disaster, catastrophe or other similar natural
event when the health, safety, or welfare of the citizens of the
State would be jeopardized by a delay caused by time requirements
for notice by publication and holding a public hearing. However,
the license may be granted by the Board only with the concurrence
of the Secretary. Public notice of the issuance is required.
However, notwithstanding any provisions to the contrary, within
30 days after the issuance of an emergency license, as provided
in this subsection, the Board shall hold a hearing, after giving
timely notice by publication, to determine whether the emergency
license shall be made permanent or revoked.
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