PARRIS N. GLENDENING, Governor

Ch. 573

1. A. 44 FEET ABOVE THE MEAN LOW WATER MARK IN
THE NORTH CELL; OR AND

2. B. 28 FEET ABOVE THE MEAN LOW WATER MARK IN
THE SOUTH CELL.; OR

(II) ON OR AFTER JANUARY 1, 2010, DREDGE SPOIL MAY NOT BE
DEPOSITED IN THE HART MILLER ISLAND DREDGED MATERIAL CONTAINMENT
FACILITY.

2. JANUARY 1, 2010.

(II) NEW DREDGE SPOIL DREDGED FROM A CHANNEL MAY NOT BE
DEPOSITED IN THE SOUTH CELL.

(b) (1) Except as provided in paragraph (2) of this subsection, only spoil from
the excavation or dredging of Baltimore Harbor, its approach channels, and Baltimore
County tributary spoil from an approved dredging project in any of the Baltimore County
tributaries of the Chesapeake Bay may be redeposited in a contained area described in
subsection (a) of this section.

(2) Only dredge spoil from local dredging projects initiated by Baltimore
County in the waters of Baltimore County may be redeposited in any additional contained
area for the redeposit of spoil authorized under subsection (a)(1) of this section.

16-202.

(a)     A person may not dredge or fill on State wetlands without a license.

(b)    The Secretary shall assist the Board in determining whether to issue a license
to dredge or fill State wetlands. The Secretary shall submit a report indicating whether
the license should be granted and, if so, the terms, conditions, and consideration required
after consultation with any interested federal, State, and local unit, and after issuing
public notice, holding any requested hearing, and taking any evidence the Secretary
thinks advisable.

(c)     (1) Upon receipt of a report by the Secretary, the Board shall decide if
issuance of the license is in the best interest of the State, taking into account the varying
ecological, economic, developmental, recreational, and aesthetic values each application
presents. If the Board decides to issue the license, the issuance of the license shall be for
consideration and on terms and conditions the Board determines. Every license shall be
in writing.

(2) With respect to an application for a license to fill or construct a shore
erosion control structure other than riprap on State wetlands, the Board may issue the
license without public notice if the fill area is less than 300 feet in length parallel to the
fast land as close to the fast land as structurally feasible but not more than 10 feet
channelward of the mean high water line and if after a site visit the report of the
Secretary recommends that the license be granted. The Board may issue a license without
public notice where an emergency exists caused by act of God, natural disaster,
catastrophe, or other similar natural event when the health, safety, or welfare of the
citizens of the State would be jeopardized by a delay caused by time requirements for

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