PARRIS N. GLENDENING, Governor

Ch. 488

(2) "Private wetlands" includes wetlands, transferred by the State by a valid
grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of
Rights, to the extent of the interest transferred.

(k) (1) "Public notice" means the public notice and public informational
hearing procedures established in § [8-206(b)] 5-204(B) through (e) of this article.

(2) "Public notice" does not mean notice as provided for in § [9-302.1]
16-303 of this title.

(1) "Regular or periodic tidal action" means the rise and fall of the sea produced
by the attraction of the sun and moon uninfluenced by wind or any other circumstance.

(m) "Secretary" means the Secretary of [Natural Resources] THE
ENVIRONMENT.

(n) "State wetlands" means any land under the navigable waters of the State
below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this
category which have been transferred by the State by valid grant, lease, patent or grant
confirmed by Article 5 of the Maryland Declaration of Rights shall be considered "private
wetland" to the extent of the interest transferred.

Article - Natural Resources

3-306.

(a)     Notwithstanding anything to the contrary in this article or the Public Service
Commission Law, on application to the Public Service Commission for a certificate of
public convenience and necessity associated with power plant construction involving, but
not limited to, use or diversion of the waters of the State, or private wetlands, the
Commission shall notify immediately the Department of Natural Resources AND THE
DEPARTMENT OF THE ENVIRONMENT of the application. The Commission shall supply
the Department of Natural Resources AND THE DEPARTMENT OF THE ENVIRONMENT
with any pertinent information available regarding the application. The [Secretary]
DEPARTMENT OF THE ENVIRONMENT shall treat the application for a certificate of
public convenience and necessity as an application for appropriation or use of waters of
the State under Title [8 of this article] 5 OF THE ENVIRONMENT ARTICLE and as an
application for a license for dredging and filling under Title [9 of this article] 16 OF THE
ENVIRONMENT ARTICLE.

(b)     Within 60 days after the application for a certificate of public convenience and
necessity has been filed with the Commission, the Secretary shall require the Department
of Natural Resources to complete any additional study and investigation concerning. THE
APPLICATION, [but not limited to,] AND THE SECRETARY OF THE ENVIRONMENT
SHALL REQUIRE THE DEPARTMENT OF THE ENVIRONMENT TO STUDY AND
INVESTIGATE the necessity for dredging and filling at the proposed plant site and water
appropriation or use. [He] THE SECRETARY AND THE SECRETARY OF THE
ENVIRONMENT JOINTLY shall forward the results of the study and investigation,
together with a recommendation that the certificate be granted, denied, or granted with
any condition deemed necessary, to the chairman of the Commission.

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