H.B. 617

VETOES

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

(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.

SECTION 2. AND BE IT FURTHER ENACTED, That the Department of
Natural Resources, in consultation with the Board of Public Works, the Chesapeake Bay
Critical Area Commission, the Department of the Environment, designated
representatives of local jurisdictions located in the Critical Area, appropriate federal
agencies, including the U.S. Army Corps of Engineers, and other appropriate public and
private communities of interest, shall study and report on or before January 1, 1996 to the
Governor and, subject to § 2-1312 of the State Government Article, to the General
Assembly the appropriate standing committees with jurisdiction over the subject of this
Act on the design and implementation of a consolidated permit program for applications
to construct or to conduct major repairs of piers and bulkheads in the Chesapeake Bay
Critical Area and adjoining waters and wetlands.

  (A) THE DEPARTMENT, JOINTLY WITH THE CHESAPEAKE BAY CRITICAL AREA
COMMISSION, SHALL:

(1) REVIEW EXISTING REGULATIONS APPLICABLE TO THE CONSTRUCTION
OF PIERS AND BULKHEADS IN THE TIDAL WETLANDS OF THE STATE AND IN THE
CHESAPEAKE BAY CRITICAL AREA; AND

(2) BY REGULATION, DEVELOP A PROCEDURE TO AVOID DUPLICATION OF
REGULATORY JURISDICTION BY THE STATE AND LOCAL JURISDICTIONS CONCERNING
THE CONSTRUCTION OF PIERS AND BULKHEADS IN THE TIDAL WETLANDS OF THE STATE
AND IN THE CHESAPEAKE BAY CRITICAL AREA.

(B) THE PROCEDURE THAT THE DEPARTMENT AND COMMISSION DEVELOP
UNDER SUBSECTION (A) OF THIS SECTION SHALL INCLUDE PROVISION FOR
RECOGNITION OF:

- 4230 -