(1) In this section the following words have the meanings indicated.
(2) "Major project" means a project that:
(i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain;
(ii) Is located in an area identified as potentially impacting threatened or endangered species or species in need of conservation by a geographical information system database that:
1. Includes sensitive species project review areas and waterfowl concentration and staging areas;
2. Has been developed and maintained by the Department of Natural Resources; and
3. Is used by the Department to screen incoming applications;
(iii) Is located in an area that has been identified as potentially impacting historical or archeological resources by a geographical information system database that:
1. Includes Maryland archeological sites, the Maryland Inventory of Historic Properties, the National Register of Historic Places, the Maryland Historical Trust Preservation Easements, the Annapolis Maryland Inventory of Historic Properties, and the Annapolis Maryland Inventory of Historic Properties street map;
2. Has been developed and maintained by the Maryland Historical Trust; and
3. Is used by the Department to screen incoming applications;
(iv) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:
1. Has been developed and maintained by the Department of Natural Resources; and
2. Is used by the Department to screen incoming applications;
(v) Is adjacent to Use III or Use IV waters, as defined in regulation by the Department; or
(vi) Requires the issuance of a public notice by the Department.
(3) "Minor project" means a project that:
(i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100-year floodplain; and
(ii) Does not meet the definition of a major project.
(b) Wetlands and waterways program fees.-
(1) Except as provided under paragraph (2) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or wetlands licenses issued by the Board of Public Works under § 16-202 of this article shall be accompanied by an application fee as follows:
(i) For an application for a minor project or general permit ............ $750;
(ii) For an application for a minor modification ............ $500;
(iii) For an application for a major project or major modification with a proposed permanent impact of:
1. Less than 1/4 acre ............ $1,500;
2. At least 1/4 acre, but less than 1/2 acre ............ $3,000;
3. At least 1/2 acre, but less than 3/4 acre ............ $4,500;
4. At least 3/4 acre, but less than 1 acre ............ $6,000; and
5. 1 acre or more ............ the impact area in acres multiplied by $7,500.
(2) The following are exempt from the application fees established under paragraph (1) of this subsection:
(i) Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Article 28 of the Code or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county;
(ii) Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district;
(iii) Performance of forestry best management practices contained in an erosion and sediment control plan:
1. Prepared by a registered forester; and
2. Approved by the appropriate soil conservation district;
(iv) Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State's wetland or water resources; and
(v) Aquacultural activities for which the Department of Natural Resources has issued a permit under § 4-11A-02 of the Natural Resources Article.
(3) For purposes of this subsection, a mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article shall be:
(i) Deemed to be a minor project; and
(ii) Subject to the appropriate application fee under paragraph (1)(i) and (ii) of this subsection.
(4) Except as provided in paragraph (5) of this subsection, the fees imposed under this subsection may not be modified prior to January 1, 2012.
(5) (i) The Department may adjust the fees established under paragraph (1) of this subsection to reflect changes in the consumer price index for all "urban consumers" for the expenditure category "All items not seasonally adjusted", and for all regions.
(ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraph (1) of this subsection.
(c) Wetlands and Waterways Program Fund.-
(1) There is a Wetlands and Waterways Program Fund.
(2) The Department shall administer the Fund.
(3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(4) The Fund consists of all:
(i) Application fees collected by the Department under this section;
(ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16-205(c)(2) of this article;
(iii) Money appropriated in the State budget to the Fund; and
(iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.
(5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:
(i) The issuance of authorizations by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16-202 of this article;
(ii) The management, conservation, protection, and preservation of the State's wetlands and waterways resources; and
(iii) Program development associated with Title 5 and Title 16 of this article, as provided by the State budget.
(d) Annual reports.- On or before December 31 of each year, in accordance with § 2-1246 of the State Government Article, the Department shall prepare and submit an annual report to the House Environmental Matters Committee, the House Appropriations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund.
(e) Duties of Department.- The Department shall:
(1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; and
(2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1-607 of this article.
(1) In this section the following words have the meanings indicated.
(2) "Major project" means a project that:
(i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain;
(ii) Is located in an area identified as potentially impacting threatened or endangered species or species in need of conservation by a geographical information system database that:
1. Includes sensitive species project review areas and waterfowl concentration and staging areas;
2. Has been developed and maintained by the Department of Natural Resources; and
3. Is used by the Department to screen incoming applications;
(iii) Is located in an area that has been identified as potentially impacting historical or archeological resources by a geographical information system database that:
1. Includes Maryland archeological sites, the Maryland Inventory of Historic Properties, the National Register of Historic Places, the Maryland Historical Trust Preservation Easements, the Annapolis Maryland Inventory of Historic Properties, and the Annapolis Maryland Inventory of Historic Properties street map;
2. Has been developed and maintained by the Maryland Historical Trust; and
3. Is used by the Department to screen incoming applications;
(iv) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:
1. Has been developed and maintained by the Department of Natural Resources; and
2. Is used by the Department to screen incoming applications;
(v) Is adjacent to Use III or Use IV waters, as defined in regulation by the Department; or
(vi) Requires the issuance of a public notice by the Department.
(3) "Minor project" means a project that:
(i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100-year floodplain; and
(ii) Does not meet the definition of a major project.
(b) Wetlands and waterways program fees.-
(1) Except as provided under paragraph (2) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or wetlands licenses issued by the Board of Public Works under § 16-202 of this article shall be accompanied by an application fee as follows:
(i) For an application for a minor project or general permit ............ $750;
(ii) For an application for a minor modification ............ $500;
(iii) For an application for a major project or major modification with a proposed permanent impact of:
1. Less than 1/4 acre ............ $1,500;
2. At least 1/4 acre, but less than 1/2 acre ............ $3,000;
3. At least 1/2 acre, but less than 3/4 acre ............ $4,500;
4. At least 3/4 acre, but less than 1 acre ............ $6,000; and
5. 1 acre or more ............ the impact area in acres multiplied by $7,500.
(2) The following are exempt from the application fees established under paragraph (1) of this subsection:
(i) Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Article 28 of the Code or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county;
(ii) Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district;
(iii) Performance of forestry best management practices contained in an erosion and sediment control plan:
1. Prepared by a registered forester; and
2. Approved by the appropriate soil conservation district;
(iv) Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State's wetland or water resources; and
(v) Aquacultural activities for which the Department of Natural Resources has issued a permit under § 4-11A-02 of the Natural Resources Article.
(3) For purposes of this subsection, a mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article shall be:
(i) Deemed to be a minor project; and
(ii) Subject to the appropriate application fee under paragraph (1)(i) and (ii) of this subsection.
(4) Except as provided in paragraph (5) of this subsection, the fees imposed under this subsection may not be modified prior to January 1, 2012.
(5) (i) The Department may adjust the fees established under paragraph (1) of this subsection to reflect changes in the consumer price index for all "urban consumers" for the expenditure category "All items not seasonally adjusted", and for all regions.
(ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraph (1) of this subsection.
(c) Wetlands and Waterways Program Fund.-
(1) There is a Wetlands and Waterways Program Fund.
(2) The Department shall administer the Fund.
(3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(4) The Fund consists of all:
(i) Application fees collected by the Department under this section;
(ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16-205(c)(2) of this article;
(iii) Money appropriated in the State budget to the Fund; and
(iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.
(5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:
(i) The issuance of authorizations by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16-202 of this article;
(ii) The management, conservation, protection, and preservation of the State's wetlands and waterways resources; and
(iii) Program development associated with Title 5 and Title 16 of this article, as provided by the State budget.
(d) Annual reports.- On or before December 31 of each year, in accordance with § 2-1246 of the State Government Article, the Department shall prepare and submit an annual report to the House Environmental Matters Committee, the House Appropriations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund.
(e) Duties of Department.- The Department shall:
(1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; and
(2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1-607 of this article.
(1) In this section the following words have the meanings indicated.
(2) "Major project" means a project that:
(i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain;
(ii) Is located in an area identified as potentially impacting threatened or endangered species or species in need of conservation by a geographical information system database that:
1. Includes sensitive species project review areas and waterfowl concentration and staging areas;
2. Has been developed and maintained by the Department of Natural Resources; and
3. Is used by the Department to screen incoming applications;
(iii) Is located in an area that has been identified as potentially impacting historical or archeological resources by a geographical information system database that:
1. Includes Maryland archeological sites, the Maryland Inventory of Historic Properties, the National Register of Historic Places, the Maryland Historical Trust Preservation Easements, the Annapolis Maryland Inventory of Historic Properties, and the Annapolis Maryland Inventory of Historic Properties street map;
2. Has been developed and maintained by the Maryland Historical Trust; and
3. Is used by the Department to screen incoming applications;
(iv) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:
1. Has been developed and maintained by the Department of Natural Resources; and
2. Is used by the Department to screen incoming applications;
(v) Is adjacent to Use III or Use IV waters, as defined in regulation by the Department; or
(vi) Requires the issuance of a public notice by the Department.
(3) "Minor project" means a project that:
(i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100-year floodplain; and
(ii) Does not meet the definition of a major project.
(b) Wetlands and waterways program fees.-
(1) Except as provided under paragraph (2) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or wetlands licenses issued by the Board of Public Works under § 16-202 of this article shall be accompanied by an application fee as follows:
(i) For an application for a minor project or general permit ............ $750;
(ii) For an application for a minor modification ............ $500;
(iii) For an application for a major project or major modification with a proposed permanent impact of:
1. Less than 1/4 acre ............ $1,500;
2. At least 1/4 acre, but less than 1/2 acre ............ $3,000;
3. At least 1/2 acre, but less than 3/4 acre ............ $4,500;
4. At least 3/4 acre, but less than 1 acre ............ $6,000; and
5. 1 acre or more ............ the impact area in acres multiplied by $7,500.
(2) The following are exempt from the application fees established under paragraph (1) of this subsection:
(i) Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Article 28 of the Code or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county;
(ii) Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district;
(iii) Performance of forestry best management practices contained in an erosion and sediment control plan:
1. Prepared by a registered forester; and
2. Approved by the appropriate soil conservation district;
(iv) Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State's wetland or water resources; and
(v) Aquacultural activities for which the Department of Natural Resources has issued a permit under § 4-11A-02 of the Natural Resources Article.
(3) For purposes of this subsection, a mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article shall be:
(i) Deemed to be a minor project; and
(ii) Subject to the appropriate application fee under paragraph (1)(i) and (ii) of this subsection.
(4) Except as provided in paragraph (5) of this subsection, the fees imposed under this subsection may not be modified prior to January 1, 2012.
(5) (i) The Department may adjust the fees established under paragraph (1) of this subsection to reflect changes in the consumer price index for all "urban consumers" for the expenditure category "All items not seasonally adjusted", and for all regions.
(ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraph (1) of this subsection.
(c) Wetlands and Waterways Program Fund.-
(1) There is a Wetlands and Waterways Program Fund.
(2) The Department shall administer the Fund.
(3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(4) The Fund consists of all:
(i) Application fees collected by the Department under this section;
(ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16-205(c)(2) of this article;
(iii) Money appropriated in the State budget to the Fund; and
(iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.
(5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:
(i) The issuance of authorizations by the Department under §§ 5-503, 5-906, 16-202, 16-302, and 16-307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16-202 of this article;
(ii) The management, conservation, protection, and preservation of the State's wetlands and waterways resources; and
(iii) Program development associated with Title 5 and Title 16 of this article, as provided by the State budget.
(d) Annual reports.- On or before December 31 of each year, in accordance with § 2-1246 of the State Government Article, the Department shall prepare and submit an annual report to the House Environmental Matters Committee, the House Appropriations Committee, the Senate Education, Health, and Environmental Affairs Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund.
(e) Duties of Department.- The Department shall:
(1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; and
(2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1-607 of this article.
