Ch. 536

LAWS OF MARYLAND

(3)  DEVELOP CERTIFICATION PROGRAMS TO ENSURE UNIFORM
AND PROFESSIONAL STANDARDS FOR THE IDENTIFICATION, DELINEATION,
FUNCTIONAL ASSESSMENT, AND MITIGATION OF NONTIDAL WETLANDS;

(4)  EVALUATE PROPOSED ACTIVITIES ON NONTIDAL WETLANDS
AND GRANT OR DENY PERMITS OR OTHER APPROVALS OF PROPOSED
ACTIVITIES;

(5)  CONDUCT WATERSHED STUDIES AND EDUCATIONAL
PROGRAMS AND DISSEMINATE INFORMATION CONCERNING THE NONTIDAL
WETLANDS PROGRAM;

(6)  PREPARE, ADOPT, AND PERIODICALLY REVISE GUIDANCE
MAPS OF NONTIDAL WETLANDS;

(7)  ADOPT STANDARDS FOR PLANNING, REGULATING,
RESTORING, CREATING, AND ENHANCING NONTIDAL WETLANDS;

(8)  PURCHASE, RESTORE, AND CREATE NONTIDAL WETLANDS;
AND

(9)  CONDUCT PERIODIC MONITORING, CUMULATIVE IMPACT
ASSESSMENT, AND EVALUATION OF ACTIVITIES AUTHORIZED UNDER THIS
SUBTITLE.

(B) (C) BY DECEMBER 31, 1989, THE DEPARTMENT SHALL ADOPT

FINAL REGULATIONS NECESSARY TO ADMINISTER THIS SUBTITLE, IN

ACCORDANCE WITH § 10-111(A) OF THE STATE GOVERNMENT ARTICLE.

8-1204.

(A) (1) THE DEPARTMENT MAY DELEGATE ALL OR PART OF ITS
AUTHORITY UNDER THIS SUBTITLE TO ANY COUNTY THAT ENACTS A
NONTIDAL WETLAND PROTECTION PROGRAM BY DECEMBER 31, 1990
CONSISTENT WITH THE THAT MEETS AT LEAST THE MINIMUM STANDARDS
ADOPTED BY THE DEPARTMENT.

(2)  A DELEGATION IN ACCORDANCE WITH THIS SUBSECTION
MAY NOT BE EFFECTIVE FOR MORE THAN 2 YEARS, AND MAY BE RENEWED BY
THE DEPARTMENT FOR ADDITIONAL 2-YEAR PERIODS.

(3)  AFTER AN OPPORTUNITY FOR A HEARING AND UPON A
FINDING THAT THE COUNTY PROGRAM IS NOT BEING ADMINISTERED IN A
MANNER CONSISTENT WITH THE STANDARDS ADOPTED BY THE DEPARTMENT,
THE DEPARTMENT MAY WITHDRAW PROGRAM DELEGATION.

(B)  ANY REGULATED ACTIVITY UNDERTAKEN BY A UNIT OF STATE
GOVERNMENT SHALL COMPLY WITH THE PROVISIONS OF THIS SUBTITLE AND,
INCLUDING THE PROVISIONS OF THIS SUBTITLE REQUIRING THE ISSUANCE
OF A NONTIDAL WETLAND PERMIT BY THE DEPARTMENT. THE UNIT IS NOT
REQUIRED TO HAVE LOCAL GOVERNMENT APPROVAL.

8-1205.

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