PARRIS N. GLENDENING, Governor

H.B. 617

(2) THE CONSOLIDATED APPLICATION PROCESS SHALL COMBINE
SEPARATE APPLICATION PROCESSES FOR ALL ACTIVITIES INVOLVED IN
CONSTRUCTION OR MAJOR REPAIR OF PIERS AND BULKHEADS.

(3) THE CONSOLIDATED APPLICATION PROCESS SHALL BE DELEGATED
TO THE LOCAL JURISDICTION UNDER PROGRAMMATIC GENERAL PERMITS FROM
THE DEPARTMENT, THE BOARD OF PUBLIC WORKS, AND FEDERAL AGENCIES IF
NECESSARY, OR UNDER ANOTHER APPROPRIATE MECHANISM, SUBJECT TO
PERIODIC REVIEW BY THE DELEGATING AGENCIES.

(4) TO THE EXTENT POSSIBLE, THE TIME FOR REVIEW AND APPROVAL
OF A PERMIT UNDER THE CONSOLIDATED APPLICATION PROCESS SHALL BE
STREAMLINED AND UNIFORM THROUGHOUT THE CHESAPEAKE BAY CRITICAL
AREA.

(5) THE DELEGATING AGENCY SHALL RETAIN THE RIGHT TO REMOVE
A SPECIFIED PERMIT APPLICATION FROM THE LOCAL JURISDICTION FOR PURPOSES
OF REVIEW UNDER THE APPLICABLE LAW OF THE DELEGATING AGENCY.

9-105.

(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 CHESAPEAKE BAY CRITICAL AREA 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.

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