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Session Laws, 1988
Volume 770, Page 5047   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 777

(3) THE DEPARTMENT SHALL CONDUCT THE HEARING IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE.

(D) IF AN APPLICANT OR A PERSON WITH AN INTEREST WHICH IS
OR MAY BE ADVERSELY AFFECTED HAS PARTICIPATED IN THE
ADMINISTRATIVE PROCEEDINGS PROVIDED UNDER SUBSECTION (C) OF THIS
SECTION AS AN OBJECTOR AND IS AGGRIEVED BY THE DECISION OF THE
DEPARTMENT TO ISSUE OR DENY A PERMIT, THE APPLICANT OR PERSON
SHALL HAVE THE RIGHT TO JUDICIAL REVIEW IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

6-104.2.

(A) IN ADDITION TO OTHER APPLICABLE PROVISIONS OF LAW, A
PERSON MAY NOT OBTAIN A PERMIT FOR THE DRILLING OF AN OIL OR GAS
WELL UNDER § 6-104 OF THIS SUBTITLE IN THE CHESAPEAKE BAY
CRITICAL AREA, AS DEFINED UNDER § 8-1807 OF THIS ARTICLE, AND MAY
NOT DRILL FOR OIL OR GAS EXPLORATION IN THE CHESAPEAKE BAY
CRITICAL AREA UNLESS:

(I) THE CHESAPEAKE BAY CRITICAL AREA COMMISSION
PROVIDES WRITTEN APPROVAL OF THE PROPOSED DRILLING
;--------------

(2) THE APPLICANT COMPLETES AN ENVIRONMENTAL IMPACT
STUDY THAT INCLUDES A COMPREHENSIVE ANALYSIS OF THE POTENTIAL FOR
ANY ADVERSE ENVIRONMENTAL EFFECTS AS A RESULT OF THE DRILLING;

(3) THE DEPARTMENT CONSULTS THE GOVERNING BODY OF THE
COUNTY IN WHICH THE DRILLING WILL OCCUR; AND

(4) THE DEPARTMENT CONSIDERS ANY WRITTEN
RECOMMENDATIONS OF THE CHESAPEAKE BAY CRITICAL AREA COMMISSION
AND THE GOVERNING BODY OF THE COUNTY IN WHICH THE DRILLING WILL
OCCUR.

(B) BY JANUARY 1, 1991, THE CHESAPEAKE BAY CRITICAL AREA
COMMISSION SHALL ADOPT CRITERIA THAT ASSURES THE PROTECTION OF
LAND AND WATER RESOURCES IN THE CRITICAL AREA AND THAT SHALL
APPLY THROUGHOUT THE CHESAPEAKE BAY CRITICAL AREA FOR:
------------

(I) PRODUCTION OF OIL OR NATURAL GAS ON LANDS OR
WATERS LEASED BY THE STATE; AND

(2) EXPLORATION OR PRODUCTION OF OIL OR NATURAL GAS
ON ANY LANDS IN THE CRITICAL AREA.

(C) (1) IN ADDITION TO OTHER APPLICABLE PROVISIONS OF LAW,
AN APPLICANT FOR ANY PR0DUCTION OR EXPLORATORY DRILLING THAT WILL
OCCUR ON, IN, UNDER, OR THROUGH THE CHESAPEAKE BAY CRITICAL AREA,
INCLUDING WELLS DRILLED OUTSIDE THE CRITICAL AREA BY A METHOD
KNOWN AS SLANT DRILLING THAT WILL PASS THROUGH THE CRITICAL AREA,

- 5047 -

 

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Session Laws, 1988
Volume 770, Page 5047   View pdf image
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