WILLIAM DONALD SCHAEFER, Governor Ch. 536

(C)  TO APPLY FOR A PERMIT, THE APPLICANT SHALL SUBMIT A
DELINEATION OF THE AFFECTED NONTIDAL WETLANDS AND ALL OTHER
INFORMATION AS REQUIRED BY THE DEPARTMENT.

(D)  WITHIN 45 DAYS FROM RECEIPT OF THE APPLICATION, THE
DEPARTMENT SHALL NOTIFY THE APPLICANT WHETHER THE APPLICATION IS
COMPLETE AND THE DELINEATION IS CORRECT. IF THE DEPARTMENT FAILS
TO NOTIFY THE APPLICANT ABOUT THE APPLICATION OR DELINEATION
WITHIN 45 DAYS, THE APPLICATION DELINEATION SHALL BE TREATED BY
THE DEPARTMENT AS CORRECT AND THE APPLICATION SHALL BE TREATED AS
COMPLETE. THE DEPARTMENT MAY REQUEST FURTHER INFORMATION OR
PROVIDE FOR AN EXTENSION OF THIS DEADLINE WHEN EXTENUATING
CIRCUMSTANCES SUCH AS WEATHER OR THE UNAVAILABILITY OF NECESSARY
INFORMATION PREVENT CONSIDERATION OF THE APPLICATION.

(E)  AFTER RECEIPT OF A COMPLETE APPLICATION, THE DEPARTMENT
SHALL ISSUE PUBLIC NOTICE OF AN OPPORTUNITY TO SUBMIT WRITTEN
COMMENTS OR TO REQUEST A HEARING. A HEARING SHALL BE HELD WITHIN
45 DAYS IF REQUESTED, UNLESS EXTENUATING CIRCUMSTANCES JUSTIFY AN
EXTENSION OF TIME. THE HEARING IS NOT A CONTESTED CASE UNDER THE
STATE GOVERNMENT ARTICLE.

(F)   IN GRANTING A PERMIT, THE DEPARTMENT MAY IMPOSE
CONDITIONS OR LIMITATIONS REQUIRED TO CARRY OUT THE PROVISIONS OF
THIS SUBTITLE.

(G)  THE DEPARTMENT MAY REQUIRE A BOND OR OTHER INSTRUMENT
TO SECURE COMPLIANCE WITH THE CONDITIONS IN THE PERMIT.

(H) THE DEPARTMENT MAY ISSUE A TEMPORARY EMERGENCY PERMIT
FOR A REGULATED ACTIVITY IF:

(1)  AN UNACCEPTABLE THREAT TO LIFE OR SEVERE LOSS OF
PROPERTY WILL OCCUR IF AN EMERGENCY PERMIT IS NOT GRANTED; AND

(2)  THE ANTICIPATED THREAT OR LOSS MAY OCCUR BEFORE A
PERMIT CAN BE ISSUED OR MODIFIED AS PROVIDED UNDER THIS SUBTITLE.

(I) (1) BY DECEMBER 31, 1989, THE DEPARTMENT SHALL
DESIGNATE BY REGULATION NONTIDAL WETLANDS FOR WHICH THE BUFFER IS
TO BE EXPANDED BEYOND 25 FEET, BUT THE TOTAL BUFFER MAY NOT
EXCEED 100 FEET, TO ASSURE ADEQUATE PROTECTIONS FROM ADJACENT
ACTIVITIES OR CONDITIONS WHICH MAY ADVERSELY AFFECT THE NONTIDAL
WETLAND AND ASSOCIATED AQUATIC ECOSYSTEM.

(2) ACTIVITIES OR CONDITIONS WHERE THE BUFFER MAY BE
EXPANDED BEYOND 2 5 FEET INCLUDE THE PRESENCE OF SLOPES, HIGHLY
ERODIBLE SOILS OR OTHER SOILS WITH DEVELOPMENT CONSTRAINTS, OR
THE PRESENCE OF NONTIDAL WETLANDS OF SPECIAL STATE CONCERN.

(J) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
DEPARTMENT OF NATURAL RESOURCES SHALL USE REASONABLE EFFORTS TO
GRANT, DENY, OR CONDITION A PERMIT WITHIN 45 DAYS OF A PUBLIC

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