Ch. 305                                           LAWS OF MARYLAND

(3) THE REQUEST IS TIMELY.

(I) (J) UPON MOTION BY A PARTY TO A CONTESTED CASE
HEARING, THE DEPARTMENT MAY GRANT A TEMPORARY STAY OF THE
ISSUANCE OF THE PERMIT PENDING A FINAL DECISION IN THE CONTESTED
CASE, PROVIDED THAT:

(1)  THE PARTIES TO THE PROCEEDING HAVE BEEN NOTIFIED
AND GIVEN AN OPPORTUNITY TO BE HEARD ON A REQUEST FOR THE
TEMPORARY STAY;

(2)  THE PERSON REQUESTING THE TEMPORARY STAY SHOWS
THAT THERE IS A SUBSTANTIAL LIKELIHOOD OF PREVAILING ON THE
MERITS OF THE FINAL DETERMINATION OF THE CONTESTED CASE
PROCEEDING;

(3)  THE TEMPORARY STAY WILL NOT ADVERSELY AFFECT THE
PUBLIC HEALTH OR SAFETY OR CAUSE SIGNIFICANT IMMINENT
ENVIRONMENTAL HARM TO LAND, AIR, OR WATER RESOURCES; AND

(4)  THE CONDITIONS AND CRITERIA FOR GRANTING A
TEMPORARY STAY AS PROVIDED IN REGULATIONS FOR CONTESTED CASE
HEARINGS ADOPTED BY THE DEPARTMENT HAVE BEEN MET.

[(d)] (J) The Department may waive [holding a public

hearing on any permit application] THE REQUIREMENTS OF THIS

SECTION under the following conditions:

(K) UNDER THE FOLLOWING CONDITIONS, THE DEPARTMENT MAY

WAIVE THE NOTICE REQUIREMENTS OF THIS SECTION AND THE HOLDING OF

A PUBLIC INFORMATIONAL HEARING ON A PERMIT APPLICATION PROVIDED
THAT CONTIGUOUS PROPERTY OWNERS ARE NOTIFIED UNDER SUBSECTION (B)

OF THIS SECTION AND INTERESTED PERSONS WHO RECEIVE PERIODIC

REPORTS ARE WILL BE NOTIFIED UNDER SUBSECTION (L) OF THIS
SECTION:

(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) (2) If roads, bridges, or culverts meet minimum
design standards acceptable to the Department, and construction
does not adversely affect known water resources projects.

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