WILLIAM DONALD SCHAEFER, Governor Ch. 536
(A) THE GENERAL ASSEMBLY FINDS THAT NONTIDAL WETLANDS PLAY
IMPORTANT ROLES IN THE PRESERVATION AND PROTECTION OF THE
CHESAPEAKE BAY AND OTHER WATERS OF THE STATE. NONTIDAL WETLANDS
SERVE IMPORTANT ROLES THROUGH THE REDUCTION OF POLLUTANT LOADINGS
INCLUDING EXCESS NUTRIENTS, SEDIMENT, AND TOXICS, THE ATTENUATION
OF FLOODWATERS AND STORMWATERS, SHORELINE STABILIZATION AND
EROSION CONTROL, WATERFOWL BREEDING AND HABITAT FOR MANY SPECIES
OF FISH, GAME AND NONGAME BIRDS, AND MAMMALS INCLUDING RARE AND
ENDANGERED SPECIES, FOOD CHAIN SUPPORT, AND TIMBER PRODUCTION.
MANY NONTIDAL WETLANDS HAVE ALREADY BEEN LOST OR DEGRADED DUE TO
THE COMBINED EFFECTS OF POPULATION GROWTH AND LAND USE. FURTHER
DEGRADATION AND LOSSES OF NONTIDAL WETLANDS WILL CONTRIBUTE TO
THE DECLINE OF THE CHESAPEAKE BAY AND OTHER WATERS OF THE STATE.
(B) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROTECT THE
STATE'S WATERS THROUGH A COMPREHENSIVE, STATEWIDE NONTIDAL
WETLAND PROGRAM IN COOPERATION WITH FEDERAL AGENCIES, OTHER
STATES, AND LOCAL GOVERNMENT. THE GOAL OF THE PROGRAM SHALL BE
TO STRIVE TOWARD ATTAIN NO NET OVERALL LOSS IN NONTIDAL WETLAND
ACREAGE AND FUNCTION AND TO STRIVE FOR A NET RESOURCE GAIN IN
NONTIDAL WETLAND ACREAGE AND FUNCTION WETLANDS OVER PRESENT
CONDITIONS.
(C) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT WATERS OF
THE STATE BE PROTECTED, THAT FURTHER DEGRADATION AND LOSSES OF
NONTIDAL WETLANDS DUE TO HUMAN ACTIVITY BE PREVENTED WHEREVER
POSSIBLE, AND WHERE UNAVOIDABLE LOSSES OR DEGRADATIONS OCCUR AS A
RESULT OF PERMITTED HUMAN ACTIVITY, THAT THESE LOSSES OR
DEGRADATIONS BE OFFSET WHEREVER PRACTICABLE AND FEASIBLE THROUGH
THE DELIBERATE RESTORATION OR CREATION OF NONTIDAL WETLANDS.
8-1203.
(A) (1) THERE IS A STATEWIDE PROGRAM WITHIN THE DEPARTMENT
FOR THE CONSERVATION, REGULATION, ENHANCEMENT, CREATION,
MONITORING, AND WISE USE OF NONTIDAL WETLANDS.
(2) THIS SUBTITLE DOES NOT APPLY TO AGRICULTURAL,
FORESTRY OR REGULATED ACTIVITIES LOCATED WITHIN THE CHESAPEAKE
BAY CRITICAL AREA.
(B) THE DEPARTMENT SHALL:
(1) COORDINATE WITH OTHER STATE AGENCIES, FEDERAL
AGENCIES, OTHER STATES, LOCAL GOVERNMENTS, AND INTERESTED PERSONS
IN THE REGULATION OF NONTIDAL WETLANDS;
(2) ASSIST LOCAL GOVERNMENTS IN UNDERTAKING NONTIDAL
WETLAND MANAGEMENT PLANNING INCLUDING MAPPING, TECHNICAL
ASSISTANCE, AND EXPEDITING THE PERMIT PROCESS;
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