Ch. 536                                       LAWS OF MARYLAND

HEARING OR WITHIN 60 DAYS OF THE RECEIPT OF A COMPLETED
APPLICATION IF NO HEARING IS HELD. AFTER NOTIFYING THE
APPLICANT, THE DEPARTMENT MAY EXTEND ITS ACTION BEYOND THESE TIME
PERIODS FOR AN ADDITIONAL 30 DAYS FOR EXTENUATING CIRCUMSTANCES.

8-1207.

(A) THE DEPARTMENT SHALL MAY NOT ISSUE A NONTIDAL WETLAND
PERMIT FOR A REGULATED ACTIVITY ONLY IF THE DEPARTMENT FINDS THAT
THE REGULATED ACTIVITY UNLESS THE DEPARTMENT FINDS THAT THE
APPLICANT HAS DEMONSTRATED THAT THE REGULATED ACTIVITY:

(1)  (I) IS WATER DEPENDENT OR AND REQUIRES ACCESS TO
THE NONTIDAL WETLANDS WETLAND AS A CENTRAL ELEMENT OF ITS BASIC
FUNCTION; OR

(II) IS NONWATER NOT WATER DEPENDENT AND HAS NO
PRACTICABLE ALTERNATIVE;

(2)  WILL MINIMIZE ALTERATION OR IMPAIRMENT OF THE
NONTIDAL WETLAND INCLUDING EXISTING TOPOGRAPHY, VEGETATION, FISH
AND WILDLIFE RESOURCES, AND HYDROLOGICAL CONDITIONS; AND

(3)  WILL NOT CAUSE OR CONTRIBUTE TO A DEGRADATION OF
GROUNDWATERS OR SURFACE WATERS . ; AND

(4)  IS CONSISTENT WITH ANY COMPREHENSIVE MANAGEMENT
PLAN THAT MAY BE DEVELOPED IN ACCORDANCE WITH § 8-1208 OF THIS
SUBTITLE.

(B) IN ORDER TO SHOW THAT THE REGULATED ACTIVITY HAS NO
PRACTICABLE ALTERNATIVE, THE APPLICANT MUST DEMONSTRATE TO THE
DEPARTMENT'S SATISFACTION THAT:

(B) THERE SHALL BE A PRESUMPTION THAT PRACTICABLE

ALTERNATIVES EXISTS. THE APPLICANT SHALL DEMONSTRATE TO THE
SATISFACTION OF THE DEPARTMENT THAT PRACTICABLE ALTERNATIVES HAVE
BEEN ANALYZED AND THAT THE REGULATED ACTIVITY HAS NO PRACTICABLE
ALTERNATIVE. IN EVALUATING WHETHER THE PROPOSED REGULATED
ACTIVITY HAS A PRACTICABLE ALTERNATIVE, THE DEPARTMENT SHALL
CONSIDER:

(1) WHETHER THE BASIC PROJECT PURPOSE CANNOT BE
REASONABLY ACCOMPLISHED UTILIZING 1 OR MORE OTHER SITES IN THE
SAME GENERAL REGION AREA THAT WOULD AVOID OR RESULT IN LESS
ADVERSE IMPACT ON NONTIDAL WETLANDS;

(2) WHETHER A REDUCTION IN THE SIZE, SCOPE,
CONFIGURATION, OR DENSITY OF THE PROJECT AS PROPOSED AND ALL
ALTERNATIVE DESIGNS THAT WOULD RESULT IN LESS ADVERSE IMPACT ON
THE NONTIDAL WETLAND WOULD NOT ACCOMPLISH THE BASIC PURPOSE OF
THE PROJECT;

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