Ch. 573                                    1997 LAWS OF MARYLAND

public notice. However, the license may be granted by the Board only with the
concurrence of the Secretary. The Secretary shall provide prompt public notice of the
emergency license issuance and the opportunity to submit written comments or to request
a hearing to determine whether the emergency license shall be revoked or made
permanent. If a hearing is requested, the hearing shall be scheduled within 30 days of the
emergency issuance of the license.

(3)     If the report of the Secretary recommends that a license be granted, the
Board may issue the license without public notice:

(i) To fill or construct a shore erosion control structure of riprap on
State wetlands if the fill area is less than 500 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;

(ii) To repair or replace a bulkhead for the purpose of shore erosion
control where the bulkhead is presently functional, but is deteriorating or damaged,
provided that the repair or replacement structure does not extend more than 18 inches
channelward of the existing structure. Repair or replacement may include riprap placed
along the base of the bulkhead, provided that the riprap shall not extend more than 10
feet channelward of the bulkhead;

(iii) To fill near shore shallow water bottom extending no more than 35
feet channelward of the mean high water line provided the fill area is less than 500 feet in
length parallel to the fast land for the purpose of shore erosion control by landscaping
and wetland plant establishment;

(iv) To construct or repair a private noncommercial boat ramp
provided the ramp does not exceed 12 feet in width and extend more than 30 feet
channelward of the mean high water line; or

(v) To maintenance dredge a mooring, private or commercial boat
ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of
material nor an area greater than 1,500 square feet need to be dredged.

(4)     With respect to the maintenance dredging of projects in State wetlands
for which a license is to be issued, the license may include provision for periodic
maintenance dredging if recommended by the report of the Secretary provided that the
maintenance dredging be effected:

(i) Within the area, depth, and in conformity with other limitations
contained in the license;

(ii) That no more than 500 cubic yards of material be dredged at each
maintenance dredging to restore licensed works;

(iii) That the material from maintenance dredging be deposited upon
the designated or other upland site approved by the Secretary; and

(iv) That the Secretary be notified and approve of each maintenance
dredging operation.

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