H.B. 617                                                      VETOES

Section 8-1808.6 and 9-105
Annotated Code of Maryland
(1990 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-1808.6.

(A)     THE GENERAL ASSEMBLY FINDS THAT:

(1) CONSTRUCTION AND MAJOR REPAIR OF PIERS AND BULKHEADS ON
AND ADJOINING THE CHESAPEAKE BAY CRITICAL AREA HAS BECOME A COMPLEX
ENDEAVOR, REQUIRING APPLICATIONS TO FEDERAL, STATE, AND LOCAL AGENCIES;

(2) APPLICANTS FOR PERMITS TO CONSTRUCT THESE PIERS AND
BULKHEADS ARE FACED WITH THE CONFUSION OF OVERLAPPING LAWS AND
REGULATIONS, INCONSISTENT TIME LINES FOR DECISION MAKING, AND UNCLEAR
JURISDICTION AMONG THE GOVERNMENTAL LEVELS AND AGENCIES INVOLVED IN
THE PERMIT PROCESS; AND

(3) IT WOULD BE BENEFICIAL TO ALL AGENCIES AND PARTIES TO
THESE PERMITTING ACTIONS TO DEFINE AND IMPLEMENT CLEAR, CONSOLIDATED
PROCEDURES FOR PERMIT APPLICATIONS, PROCESSING, AND DECISION MAKING.

(B)     THE DEPARTMENT SHALL DESIGN AND IMPLEMENT A CONSOLIDATED
PERMIT PROGRAM MECHANISM FOR CONSTRUCTION AND MAJOR REPAIR OF PIERS
AND BULKHEADS IN THE CHESAPEAKE BAY CRITICAL AREA AND ADJOINING
WATERS AND WETLANDS, IN CONSULTATION WITH THE BOARD OF PUBLIC WORKS,
THE COMMISSION, THE DEPARTMENT OF THE ENVIRONMENT, WITH DESIGNATED
REPRESENTATIVES OF LOCAL JURISDICTIONS LOCATED IN THE CRITICAL AREA,
AND WITH APPROPRIATE FEDERAL AGENCIES, INCLUDING THE U.S. ARMY CORPS OF
ENGINEERS.

(C) THE CONSOLIDATED PERMIT PROGRAM MECHANISM SHALL SHOULD, TO
THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE FEDERAL AND STATE
LAW, ALLOW PERMIT APPLICANTS TO SEEK APPROVAL FOR ALL ACTIVITIES
RELATING TO PIER AND BULKHEAD CONSTRUCTION AND MAJOR REPAIR FROM ALL
AFFECTED FEDERAL, STATE, AND LOCAL AGENCIES IN A SINGLE CONSOLIDATED
APPLICATION PROCESS.

9-101,

(a) In this title the following words have the meaning indicated.

(d) "Department" means Department of Natural Resources.

(D) (1) THE CONSOLIDATED APPLICATION PROCESS IN EACH LOCAL
JURISDICTION SHALL BE ADMINISTERED BY A DESIGNATED UNIT OF THE LOCAL
JURISDICTION.

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