WILLIAM DONALD SCHAEFER, Governor Ch. 536

(3)   IN CASES WHERE THE APPLICANT HAS REJECTED
ALTERNATIVES TO THE PROJECT AS PROPOSED DUE TO CONSTRAINTS SUCH
AS INADEQUATE ZONING, INFRASTRUCTURE, OR PARCEL SIZE, WHETHER THE
APPLICANT HAS MADE REASONABLE ATTEMPTS TO REMOVE OR ACCOMMODATE
THESE CONSTRAINTS; AND

(4)  THE ECONOMIC VALUE OF THE PROPOSED REGULATED
ACTIVITY IS ESSENTIAL TO IN MEETING A DEMONSTRATED PUBLIC NEED IN
THE AREA AND THE ECOLOGICAL AND ECONOMIC VALUE ASSOCIATED WITH
THE NONTIDAL WETLAND.

8-1208.

IN COOPERATION WITH OTHER STATE, LOCAL, AND FEDERAL
AGENCIES, THE DEPARTMENT MAY PREPARE COMPREHENSIVE WATERSHED
MANAGEMENT PLANS WHICH ADDRESS NONTIDAL WETLAND PROTECTION,
CREATION, AND RESTORATION, CUMULATIVE IMPACTS, FLOOD PROTECTION,
AND WATER SUPPLY CONCERNS. COMPLETED WATERSHED MANAGEMENT PLANS
WILL BE USED AS THE BASIS FOR CONSISTENT PERMITTING DECISIONS AND
CREATING AND RESTORING NONTIDAL WETLANDS.

8-1209.

(A)  AN APPLICANT SHALL TAKE ALL NECESSARY STEPS TO FIRST
AVOID SIGNIFICANT IMPAIRMENT AND THEN MINIMIZE LOSSES OF NONTIDAL
WETLANDS. IF THE APPLICANT DEMONSTRATES TO THE DEPARTMENT'S
SATISFACTION THAT ALL NECESSARY STEPS WERE TAKEN AND LOSSES OR
SIGNIFICANT IMPAIRMENT OF NONTIDAL WETLANDS ARE UNAVOIDABLE, THE
DEPARTMENT SHALL REQUIRE THE APPLICANT TO ADOPT MITIGATION
PRACTICES.

(B)  (1) BY DECEMBER 31, 1989, THE DEPARTMENT SHALL,
CONSISTENT WITH THE GOALS ESTABLISHED IN § 8-1202 OF THIS
SUBTITLE, ADOPT BY REGULATION STANDARDS AND PROCEDURES FOR
MITIGATION OF NONTIDAL WETLANDS LOSSES, INCLUDING PRACTICES FOR
NONTIDAL WETLAND CREATION, RESTORATION, ENHANCEMENT, OR MONETARY
COMPENSATION.

(2) THE DEPARTMENT MAY ACCEPT MONETARY COMPENSATION
ONLY IF IT IS DETERMINED THAT CREATION, RESTORATION, OR
ENHANCEMENT OF NONTIDAL WETLANDS ARE NOT FEASIBLE ALTERNATIVES.
MONETARY COMPENSATION MAY NOT BE A SUBSTITUTE FOR THE REQUIREMENT
TO AVOID AND MINIMIZE NONTIDAL WETLAND LOSSES.

(C)  (1) THERE IS A NONTIDAL WETLAND COMPENSATION FUND IN
THE DEPARTMENT.

(2) THE FOLLOWING MONEY SHALL BE DEPOSITED IN THE
FUND:

(I) ANY MONETARY COMPENSATION PAID BY AN
APPLICANT INSTEAD OF ENGAGING IN THE CREATION, RESTORATION, OR
ENHANCEMENT OF A NONTIDAL WETLAND; AND

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