Ch. 384

LAWS OF MARYLAND

[(c)] (E) Notwithstanding any other provision of this
subtitle, an application for a certificate of public convenience
and necessity associated with power plant construction which
involves use or diversion of waters of the State, made to the
Public Service Commission under Article 78 of the Code
constitutes an application for the permit required by this
section, and the provisions of § 3-306 of this article apply. If
an application is made to the Public Service Commission, the
hearing provided for by this subtitle is not required. All
evidence relevant to the purposes of this subtitle shall be
presented at the hearing held by the Public Service Commission,
as required by Article 78, § 54A. The permit required by this
subtitle is included in the certificate of public convenience and
necessity issued by the Public Service Commission.

8-806.

(d) 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. 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 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 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 meet 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.

(6)  If the requested waterway construction permit is
for temporary excavation, filling, or grading for the

- 3052 -