Ch. 488                                    1995 LAWS OF MARYLAND

construction, reconstruction, development, or use of those properties in Baltimore City
comprising and known as the Woodberry Quarry sanitary landfill site.

(3)     Due to variances in floodplain measurements, a new residential permit
for construction in the Jones Falls floodplain within 25 feet adjacent to the floodplain
may not be approved or issued until the flood management plan for the Jones Falls is
prepared, approved, and implemented under Subtitle [9A] 8 of this title.

(4)     Regulations adopted by the Department as required under paragraph
(2) of this subsection shall be null and void if the Department determines that a flood
management plan for the Jones Falls in the Patapsco River has been adopted and
implemented.

(b)     (1) A person is exempt from the requirement of obtaining a permit from the
Department if:

(i) The plans and specifications are approved by the appropriate soil
conservation district;

(ii) The pond is not located within drainage of the Gwynns Falls, Jones
Falls, or Herring Run streams situated in or adjacent to Baltimore City;

(iii) The pond meets minimum standards for safety set forth in
Department rules and regulations;

(iv) The contributory drainage area is less than 1 square mile (640
acres);

(v) The dam is not greater than 20 feet in height measured vertically
from the lowest point on the top of the dam to the lowest point on the downstream toe of
the dam;

(vi) The pond is a low hazard structure the failure of which is unlikely
to cause loss of life or property damage; and

(vii) The pond is not a wastewater stabilization pond.

(2) The soil conservation district shall notify the Department of any pond
approved under this subsection. Nothing in this subsection is a limitation on the
Department's authority under this subtitle.

(c)     The Department, by regulation, may designate interjurisdictional watersheds
in which any impoundment proposal is subject to review and approval by the Department
for standards relating to safety and flood control. Gwynns Falls, Jones Falls, and Herring
Run, situated in or adjacent to Baltimore City are designated interjurisdictional
watersheds.

(d)    The provisions of this section do not restrict or limit the Department's
jurisdiction over waste treatment structures, including but not limited to dams,
impoundments, ponds, and lagoons OR LIMIT THE APPLICABILITY OF ANY OTHER
LAWS ADMINISTERED BY THE DEPARTMENT.

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