Ch. 578

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-806.

(b) 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. The
Department shall provide, to the public and the applicant, notice
of the application and the opportunity for public hearing by
publication once in each week for two successive weeks after
receipt of the application, 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 activity. IN.
ANY COUNTY THAT DOES NOT HAVE A DAILY NEWSPAPER, THE PUBLICATION
REQUIRED UNDER THIS SUBSECTION IS SATISFIED BY PUBLISHING A
NOTICE FOR 2 SUCCESSIVE WEEKS IN ANY NEWSPAPER IN THE COUNTY THAT
IS NOT A DAILY NEWSPAPER IN A NEWSPAPER OF GENERAL CIRCULATION IN
THAT COUNTY. 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 Department shall allow
at least 15 days after the public notice to receive requests for
a hearing. If the Department does not receive a request for a
hearing, the Department may issue or deny the permit without a
hearing, within 30 days after receipt of a hearing request, the
Department shall set the date, place, and time for the public
hearing and shall publish notice of the hearing once in each
week for 2 successive weeks 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 directly be affected by the proposed activity.
IN ANY COUNTY THAT DOES NOT HAVE A DAILY NEWSPAPER, THE
PUBLICATION REQUIRED UNDER THIS SUBSECTION IS SATISFIED BY
PUBLISHING A NOTICE FOR 2 SUCCESSIVE WEEKS IN ANY NEWSPAPER IN
THE COUNTY THAT IS NOT A DAILY NEWSPAPER IN A NEWSPAPER OF
GENERAL CIRCULATION IN THAT COUNTY. 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. If a contested case hearing is requested
specifically, the hearing shall be conducted to comply with the
contested case provisions of the Administrative Procedure Act.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved May 14, 1987.

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