WILLIAM DONALD SCHAEFER, Governor                         Ch. 739

(3)     The temporary stay will not adversely affect the public health or safety
or cause significant imminent environmental harm to land, air, or water resources; and

(4)     The conditions and criteria for granting a temporary stay as provided in
regulations for contested case hearings adopted by the Department have been met.]

(A) UPON APPLICATION FOR A PERMIT UNDER THIS SUBTITLE, AND EXCEPT
AS OTHERWISE PROVIDED IN THIS SECTION, THE PROCEDURES IN § 8-206 OF THIS
TITLE SHALL APPLY.

[(k)](B) Under the following conditions, the Department may waive the notice
requirements [of this section] and the holding of a public informational hearing on a
permit application[, provided that interested persons who receive periodic reports will be
notified under subsection (m) of this section]:

(1)     If there is an emergency or a request to make minor repairs, the
Department, upon written or oral application, may grant an application to repair any
reservoir, dam, or waterway obstruction without notice or hearing. Repair necessary to
save life or property may be made without an application, but notice shall be given
promptly to the Department;

(2)     If plans of other projects which conform to water resources development
plans accepted and adopted by the Department were subject to public hearing, and the
Department's review finds no changed conditions in them since the last public review and
comment to justify another hearing;

(3)     If temporary structures constructed to provide access across streams
during construction operations or to trap sediment or achieve another similar purpose
meet minimum design standards the Department establishes, and are removed
completely, in a manner acceptable to the Department, within 6 months after need for
the structure is terminated;

(4)     If the requested waterway construction permit is for temporary
excavation, filling, or grading for the installation of utilities which meet minimum design
standards acceptable to the Department and preconstruction contours which are to be
reestablished upon installation of the utility;

(5)     If the requested waterway construction permit is for clearing and
grading activities disturbing less than 5,000 square feet of land area and disturbing less
than 100 cubic yards of earth; or

(6)     If the requested waterway construction permit is for livestock crossing of
a stream.

[(1)] (C) If contiguous property owners [are notified under subsection (b) of this
section] and interested persons who receive periodic reports are notified under
[subsection (m) of this section] § 8-206 OF THIS TITLE, the Department may waive the
notice requirements of this section and the holding of a public informational hearing on
a permit application for roads, bridges, or culverts if they meet minimum design standards
acceptable to the Department and construction does not adversely affect known water
resources projects.

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