Ch. 536                                       LAWS OF MARYLAND

(C)  AFTER DECEMBER 31, 1990, WHEN IF AN AGRICULTURAL
ACTIVITY THAT IS NOT EXEMPTED UNDER SUBSECTION (A) OF THIS
SECTION RESULTS IN A LOSS OF NONTIDAL WETLANDS, THE DEPARTMENT
MAY SHALL REQUIRE THAT THE A SOIL CONSERVATION AND WATER
QUALITY PLAN INCLUDE MITIGATION FOR THE LOSS WITHIN 3 YEARS.
MITIGATION MAY INCLUDE CREATION OR RESTORATION OF NONTIDAL
WETLANDS OR MONETARY COMPENSATION. IN DETERMINING THE EXTENT OF
MITIGATION, THE DEPARTMENT SHALL CONSIDER THE BENEFITS PROVIDED
BY BEST MANAGEMENT PRACTICES. IF THE MARYLAND DEPARTMENT OF
AGRICULTURE DETERMINES IN WRITING THAT MITIGATION WILL CREATE AN
ECONOMIC HARDSHIP WHICH WOULD JEOPARDIZE THE CONTINUED OPERATION
OF THE FARM, MITIGATION MAY BE DEFERRED UNTIL:

(1)  THE ECONOMIC HARDSHIP NO LONGER EXISTS;
(2) THE FARM IS TRANSFERRED TO A NEW OWNER; OR

(2)  THE CURRENT OWNER OR OPERATOR TRANSFERS THE FARM
TO A NEW OWNER OR OPERATOR, HOWEVER, THE CURRENT OWNER OR
OPERATOR IS RESPONSIBLE FOR MITIGATION; OR

(3)  AGRICULTURAL ACTIVITIES NO LONGER TAKE PLACE ON
THE NONTIDAL WETLAND.

(D)  THE SOIL CONSERVATION DISTRICT SHALL BE RESPONSIBLE FOR
DELINEATING THE EXTENT OF NONTIDAL WETLANDS AFFECTED BY
AGRICULTURAL OR FORESTRY ACTIVITIES.

8-1206.

(A)  THE FOLLOWING TYPES OF ACTIVITIES SHALL BE EXEMPT FROM
THE PERMIT REQUIREMENTS OF THIS SECTION IF NOTICE IS GIVEN TO THE
DEPARTMENT AND BEST MANAGEMENT PRACTICES ARE IMPLEMENTED:

(1)  ACTIVITIES WHICH NORMALLY OCCUR IN NONTIDAL
WETLANDS WITH MINIMAL IMPACT ON NONTIDAL WETLANDS, INCLUDING THE
REPAIR AND MAINTENANCE OF EXISTING STRUCTURES, UTILITIES,
INCLUDING UNDERGROUND UTILITIES, RIGHTS-OF-WAY, AND RAILROAD
BEDS; OR

(2)  ACTIVITIES IN ISOLATED NONTIDAL WETLANDS OF LESS
THAN 1 ACRE AND HAVING NO SIGNIFICANT PLANT OR WILDLIFE VALUE.

(B)  (1) AFTER DECEMBER 31, 1990, A PERSON MAY NOT CONDUCT A
REGULATED ACTIVITY IN A NONTIDAL WETLAND WITHOUT FIRST OBTAINING
A PERMIT FROM THE DEPARTMENT.

(2) IN ADDITION TO OBTAINING A PERMIT, A PERSON SHALL
COMPLY WITH ALL OTHER POLLUTION CONTROL, FLOOD HAZARD REDUCTION,
SEDIMENT CONTROL, STORMWATER MANAGEMENT, LOCAL ZONING, AND OTHER
APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS.

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