WILLIAM DONALD SCHAEFER, Governor                         Ch. 347

(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 THE ESTABLISHMENT OF MITIGATION BANKING
PROJECTS AND OTHER TECHNIQUES TO [planning, regulating, restoring, creating, and
enhancing] PLAN, REGULATE, RESTORE, CREATE, AND ENHANCE nontidal wetlands;

(8) Purchase, restore, and create nontidal wetlands, AND WHERE
APPROPRIATE, ESTABLISH MITIGATION BANKING PROJECTS; and

(9) Conduct periodic monitoring, cumulative impact assessment, and
evaluation of activities authorized under this subtitle.

8-1208.

(A) In cooperation with other State, local, and federal agencies, the Department
may prepare comprehensive watershed management plans [which] AND ESTABLISH
MITIGATION BANKING PROJECTS IN ORDER TO address nontidal wetland protection,
creation, and restoration, cumulative impacts, flood protection, and water supply
concerns.

(B) Completed watershed management plans AND MITIGATION BANKING
PROJECTS, WHEN APPROPRIATE, will be used as the [basis] BASES for consistent
permitting decisions and creating and restoring nontidal wetlands.

8-1209.

(a) An applicant shall take all necessary stops 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 EVALUATE THE APPLICABILITY OF MITIGATION BANKING TO THE
DEVELOPMENT PROJECT AND TO adopt THE OPTIMUM APPLICABLE mitigation
practices.

(b) (1) [By December 31, 1989 the] THE Department shall consistent with the
goals established in § 8-1202 of this subtitle adopt by regulation standards and
procedures for the mitigation of nontidal wetlands losses, including [practices for
nontidal wetland] THE ESTABLISHMENT OF MITIGATION BANKING PROJECTS, OTHER
creation, restoration, AND enhancement METHODS, [or] AND monetary compensation.

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