WILLIAM DONALD SCHAEFER, Governor                   Ch. 388

(a)  Any person proposing to conduct on any wetland an
activity not authorized by the rules and regulations adopted
under the provisions of § 9-302 shall apply for a permit with the
Secretary, on the form the Secretary prescribes. The application
shall include a detailed description of the proposed work and a
map showing the areas of wetland directly affected, the location
of the proposed work, and the names of the owners of record of
adjacent land and every claimant of water rights in or adjacent
to the wetland known to the applicant. Within 30 days after
receipt of an application, the Secretary shall notify the
applicant, in writing, of the extent of State wetlands involved
in the proposed activity and indicate the method of compliance
with the license requirements of § 9-202 of this subtitle. If the
applicant claims that any part of the designated State wetlands
is private wetlands by virtue of the existence of a valid grant,
lease, or patent, or a grant confirmed by Article 5 of the
Declaration of Rights of the Constitution, the Secretary shall
investigate and determine the validity of the claim and notify
the applicant of his determination. If, within 30 days after
receipt of the Secretary's determination, the applicant files
with the Secretary a written objection to the determination, the
Secretary shall promptly institute an appropriate judicial
proceeding to determine whether the land or part of it covered by
the application in dispute, is State or private wetland. The
State shall bear the cost of the proceeding. The Secretary shall
mail a copy of the application to the chief administrative
officer in the county where the proposed work or any portion is
located. No [sooner than 30 days and not] later than [60] 30 days
after receipt of the application, the Secretary [or his
designated hearing officer] shall [hold a public hearing on the
application in the county where the land is located.] ISSUE
PUBLIC NOTICE OF THE OPPORTUNITY TO SUBMIT WRITTEN COMMENTS OR TO
REQUEST A HEARING. A HEARING SHALL BE HELD IF REQUESTED. If an
electric company as defined under the Public Service Commission
Law applies to the Public Service Commission for a certificate of
public convenience associated with power plant construction which
involves private wetlands, the hearing and permit procedure shall
be in accordance with § 3-306 of this article. [The Secretary
shall cause a notice of the hearing to be published at least once
not more than 30 days and not fewer than ten days before the
hearing date in a newspaper published within and having a general
circulation in each county where the proposed work, or any
portion is located.] Every permit application, map, or document
shall be open for public inspection at the offices of the
Secretary and the chief administrative officer in the county. At
[the] A REQUESTED hearing any person may appear and give
testimony. A person may not reapply until after the expiration of
18 months from the date of the denial of a prior application or
the final determination of an appeal from the denial.

(b)  In granting, denying, or limiting any permit, the
Secretary or his designated hearing officer shall consider the
effect of the proposed work with reference to the public health

- 2023 -