Marina siting considerations a guide to the permit process in Maryland

[From the U.S. Government Printing Office, www.gpo.gov]

May 1983
MARINA SITING CONSIDERATIONS:
LA Guide to the Permit Process in Marylano

Coastal Resources Division
Tidewater Ad-ministration
Maryland Department of Natural Resources

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MARINA SITING CONSIDERATIONS'
A GUIDE TO T14E PERMIT
PROCESS IN MARYLAND

Patricia Ann Bednarz, Editor

Prepared for

Coastal Resources Division
Dr. Sarah J. Taylor, Director

Tidewater Administration,
Maryland Department of Natural Resources
Tawes State Office Building
Annapolis, Maryland 211101

May 1983

ACKNOWLEDGEMENTS

This report was compiled in response to a number of requests made by
individuals and public and private groups relating to the Maryland permit

procFss and its application to marina siting and construction. Through this
handbook, the Maryland Coastal Resources Division is attempting.to minimize

uncertainties and decision-making delays that may accompany the regulatory

permit process. Many Federal, State and local agencies are involved in the

overall permit process and numerous representatives provided technical

expertise and helpful suggestions in reviewing this report.

Special thanks are extended to Elder Ghigiarell-i Coastal Resources

Division/Project Evaluation Section for his continuous support and thorough

critique of this handbook. Thanks are also extended.to:, Harold Cassell, Water

Resources Administra@ion/Wetlands Division; Ed Acevedo, Department of Health

and Mental Hygiene/Office of Environmental Programs; and Kathy Fitzpatrick,

Coastal'Resources Division/Special Investigations Section, Earl Bradley,

Coastal Resources Division/Local Technical Assistance Program and-Sarah J.

Taylor,-Director, Coastal Resources Division. Finally, special mention should
be made of Dorothy M. Tongue, who.e'xpertly executed the typing of
this document

from start to finish.

TABLE OF CONTENTS

Page

ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . .

TABLE OF CONTENTS . . . . . . . . . . . . . . . .. . . . . . . . . .

LIST OF FIGURES, *. . . . . . . . . . . . . . . . . . . . . . . 1v

LIST OF TABLES . . . . . . ... . . . . . . . . . . . ... . . . . . . 1V

I. Introduction . . . . . . ... . . . . . ... . ... . . . . . . . . .

II. FEDERAL, STATE AND LOCAL GCVERNTMENTAL ROLES . . . . . . . .

A. Local Level . . . . . . . . . . . . . . . . . . . . . . . . . 4

B. State Level . . . . . . . . . . . . . . . . . . . . . . . . . 7
i. Wetlands Permit Process .. . . . . . . . . . . . . . . .

ii. Coastal Resources Division's Role . . . . . . . . . .... 12

C. Federal Level . .. . . . . . . . . . . . . . . . . . .. 14

III. VARIOUS COASTAL STATE REGULATIONS GOVERNING MARINA
SITING/DEVELOPMENT . . . . . . . . . . . 20

IV. MARINA SITING CONSIDERATIONS; . . . . . . . .. .. . . . . . .... . 23

A. General Considerations. . . . . . . . . . . . . . . . 23

B. Locational Considerations . .. . . . . . . .. . . . . . . . . 24

C. Dredging Considerations . . . . . . . . . . . . . . . . . . 24

D. Environmental Considerations . . . . . . . . . . . . . . . . 25

E. Construction Considerations . . . . . . . . . ... . . . . . .26

F. Boating Considerations . . . ... . . . . . . . . . . .. . . .. 27

G. Land Use Considerations . . .. . . . . . . . . . . . . . .... 27

REFERENCES . . . . . .... . . . . . . .. . . . . . . . .. . . . . . . . 28

APPENDICES . . . . . .... . . . . . . . . . . . . . ... . . . ... ... A-1

Appendix A - Anne.Ariindel County'Code Regulations.. A-1
Appendix B - Maryland Wetlands Act . . . . . . . .. . . . . . . B-1
Appendix C - Order.Establishing Wetlands Boundaries . . . . . ... C-1
Appendix D - Guidelines for Implementation of the
Wetlands Act . . . . . . . . o D-1
Appendix E - Maryland CZMP Policies . . . . . E-1

LIST OF FIGURES

Number

Flow Chart of the Maryland Dredge and Fill Permit
Process - State Process .15

2 Flow Chart of Corps of Engineers Permit Review Process 18

Flow Chart of the Maryland Dredge and Fill Permit
Process Federal Process 19

LIST OF TABLES

Number taLe
1 Anne Arundel County Agencies: Piers, Pilings, Bulk-
heads,.Dredging, Fill 6,

2 State Agencies Involved in Marina Development Review 9

Federal Agencies Involved in Marina Development Review 17

INTRODUCTION

The State of Maryland's coastal region consists of over 4,000 miles of

estuarine and 31 miles of oceanic shoreline, respectively. Located along this
extensive coastline are approximately 400 (not including community marinas)'

marina facilities serving the recreational boating public of Maryland residents

as well as out-of-State tourists. For the purposes of this report, a "marina"

is defined as a shoreside facility, with a minimum of 10 slips/moorings, for

servicing and housing recreational boats. The marinas located on Maryland's

tidal waters are under either public or private ownership, with.the private

enterprises comprising the majority (approximately 95%) of the market.

In relation to the State-wide demand for recreational boating facilities

and services, mar.ina development is presently not keeping pace with the numbers

of craft requiring shoreside storage and.convenient access to the State's water

resources. This imbalance has the potential to create a pressure on existing

marina owriers/operators to expand their facilities that in turn, lures new

people into a market that does not always result in lucrative profits for the

investor. All this is occurring at a time when waterfront property costs,

construction.costs and dredging and maintenance costs are.rising. There is

also the ever-present@potential conflict between marina development and

environmental protection considerations. Therefore, all aspects (economic,

environmental recreational, etc.) of a proposed marina development must be

analyzed.before any work begins.

Prior to construction of marina facilities in Maryland compliance must be

met under several licensing and permit requirements at the Federal,.:State and

local levels. These requirements generally fall into three categories:

iThis estimate was compiled through Use of the 1982. Boating Almanac,
Volume 4, Peter Geis,@,Publisher.

Federal permits relating to obstruction of navigation, dredging,

filling and.the disposal of dredged material;

2) State approvals including:

a) Wetlands licenses/permits relating to the dredging or filling

of wetlands,
b).Water quality certification relating to water qualityi
standards, and

O.Consistency with State Coastal Zone Manageme@jt ProjLram; and

Local approval including: zoning ordinances, building permits, and

sediment control regulations. Each reviewing agency has its own set

of criteria which it uses for reviewing and evaluating each proposal.

In the area of marina siting a number of activities (dredging, dredge

material deposition, bulkheading, piers, etc.) and their pot6ntial

impacts upon the area must be considered as part of a comprehensive

review.

.This report has been written inanswer to a request for compilation of

considerations, relating specifically to marina siting, that could be used in

the permit preview process. Initially, these considerations were to be used

solely by the Coastal Resources Division (CRD)/Project Evaluation staff of the

Department of Natural Resources (DNR) but have since been requested by local

planners, private co-nsultants and potential applicants. A list of consider-

ati6ns has been developed based on an extensive literature search, a review of

other coastal states' marina siting criteria, as well as a look at Maryland's

permitting process. These considerations aregeneral rules of thumb to aid

in the overall review process of marina proposals.

In addition to the compilation, a detailed description of the complete

permitting process in Maryland is included in an attempt to minimize the

confusion of applicants and planners. Also, an annotated bibliography,

identifying a variety of useful references dealing with marina locational

criteria was compiled (available separately). A listing of states which

responded to the request for their regulations and standards is included as.

well.

The primary aim of this report is:to compile-all the existing information

on Maryland's marina siting review process into one easily accessible

handbook. Hopefully, this objective has been achieved and will assist in

minimizing the uncertainties and delays that may accompany the regulatory

process.:

FEDEPAL., -TA'rF: AND LOCAL GOVERNMENTAL ROLES

Prior to construction of marina facilities in Maryland, several licensing

and permit requirements at the various governmental levels must be satisfied.

Local Level

The applicant's quest for project approval begins at the local level. The

applicant's project must adhere to the jurisdiction's building permits, zoning

ordinances, subdivision regulations, and local water and sewage standards.

Generally, local governments within Maryland have not imposed special.

restrictions on marina development within their jurisdictions. This could be

due to the fact that they are satisfied with existing con trols or that they do

not currently feel pressured by marina development.

However, some Maryland counties have taken the init iative to. establish.more

stringent regulations within the areas of recreational boating and marina

development. Calvert County and Kent County have established pier and mooring

buoy regulations, respectively. Information on theseregulations can be

obtalined:from the CRD Office. Talbot County's Planning and Zoning.Office has

recommended a series of guidelines regarding performance standards for future

marina proposals or expansion plans in their 1980 study entitled Marinas and

Recreational Boating. This report evaluates the County's current policies

governing marina development and proposes strategies for strengthening those

policies., The county has since adopted zoning changes as a result. Copies-of

these zoning amendments may be obtained from the CRD Office. The Towns of 8t.

Michaels and Oxford (Talbot County) have also developed harbor plans to

identify the actual harbor boundaries and permissible uses within these

designated areas. In addition, Baltimore City's Office of Planning & Zoning is

currently working on a.set of guidelines for mar inas and their accessory uses.

Probably.the most comprehensive and successful effort in regulating marina

development at the local level has been demonstrated by Anne Arundel County.

Besides being the location of Annapolis, referred to by many as the boating

capital of the East Coast, Anne Arundel County also has the largest number of

recreational boats and marinas.of any county within Maryland. During the

spring of 1978,, the County's Planning and Zoning Department initiated a study

aimed at obtaining the following information:

a) boat user characteristics and attitudes,

b) boating activity patterns,

c) environmental.impacts of boats and marinas, and

d) marina characteristics and locations.

This information was used to develop a composite picture of existing marina

development and to establish management techniques for future marina proposal

reviews. The results of the study, in terms of controls over the location and

design of marinas, were integrated into the County Zoning Ordinance. The new

ordinance subjects all.development in given maritime.districts to a. strict

site plan review based upon adopted standards. The Planning and Zoning

personnel coordinate'their review efforts with other.county agencies including:

a) Department of Inspections and Permits

building code requirements

b) local Soil Conservation District

approval-of grading and sediment control plans

c) Department of Public Works

engineering reviews of infrastracture.and shoreline

protection design/construction standards

d) Health Department

approval of water and sewage system development.

Table 1. Anne Arundel County Agencies: Piers, Pilings, Bulkheads?
Dredging, Fill

Agency Authority Function

Department of a. Building Code Review of project
Inspections and plans for structura.1
Permits b. Grading and Sediment @soundnes's and ade-
Control Ordinan ce,. quacy of materials,
1971 decision as to need
for grading and
issuance of building
permits and grading
and sedimentation
permits.

Office of Planning a. Zoning Ordinance, 1972 Enforcement of
and Zoning regulations included
b. Anne Arundel County in the Zoning
Charter, Sec. 531 Ordinance concern-
ing waterfront
@c. Anne Arundel County construction
Code, Sec. 13-322 activities.
13-324, 13@344

Soil Conservation Grading and Sediment Review and evalu-
District. Control Ordinance, 1971 ation of grading
and sediment control
plans.

Source: Vaughan, W. S., Jr. et al. State County Interagency Procedures
Imposing Environmental Quality Controls on Water-oriented Develop-
ment Activities. 1974. U.'_". Department of the Interior,
V-ashington, D.C.

-@6

'Table. 1 illustrates the function of each County agency with regards to marina

development in Anne Arundel County.

Anne Arundells 1@1a,@1@ngan@d Marina Study also established siting, design

and construction standards to address such issues as capacit y, safety and

environmental concerns in the area of marina construction and expansion. These

standards are listed in Appendix A.

It is still too soon to evaluate the success of Anne Arundells efforts to

regulate marina construction and.expansion. However, this effort is already

being used by many researchers as a.case study to illustrate the regulatory

powers that a.county can assume when the initiative is taken. Stringent review:.@

of proposals at the local level can only facilitate.t.he review roles-of the

State and Federal agencies at later stages in the overall process.

State Level

Two Maryland governmental agencies, the Department of Natural Resources

(DNR) and the Department of Health and Mental Hygiene (DHMH), have,

responsibility for approvals that are necessary for.marina development. Title

9 of.the Natural Resources Article, Annotated Code of Maryland requires that a

license. be obtained from the State Board of Public Works for the dredging,

filling or other alteration of State wetlands. State wetlands are defined as

"all land under the navigable waters of the State below the mean high tide,

which is affected by'the regular rise and fall of the tide". The law also

requires that a permit or letter of approval be obtained from the Department of

Natural Resources forany work affecting Private wetlands. Private wetlands

are defined as "all lands not considered State wetlands bordering on or lying-,

beneath. tidal waters, which are subject to regular or periodic tidal action and

supportive of aquatic growth". Application for a license and,/or permit is made

-7-

to the Water Resources Administration (WRA) of DNR. Tn the issuance of a

wetlands license, the Board of Publ ic Works, bases its decision in part on a

favorable recommendation from the Department of Natural Resources. Tn addition
to the Water Resources Admini stration responsibilities, the Coastal Resources

Division of the Tidewater Administration of DNR, has responsibility for

determining consistency of a proposed project with the State's Coastal Zone

Man6gement Program. This consistency determination is necessary for the
issuance of a Federal Corps of Engineers permit. A second approval which is

necessary for a Cor ps permit is the issuance of Water Quality Certification

pursuant,to Section 401 of the Federal 'dater Pollution Control Act. This

certification, issued by the Department of Health and Mental Hygiene, shows the

project to be in compliance with applicable water quality standards. Table 2.

illustrates the functions of the State agencies involved in marina expansion

and,construction permitting.

it should be noted that an applicant does not-make separa'Le application for

a Water Quality Certificate or a Coastal Zone Management Consistency

determination. Application for a Federal Corps of-Engineers permit

automatically triggers the review associated with these two State approvals.

The following sections discuss the State wetlands permit process as well as

the Coastal Resources Division's role in the review of marina-related projects.
,Wetlands Permit Process . All activities occurr :ing on tidal wetlands

(except trapping, hunting, fishing, shellfishing, mosquito control, the

cultivating and harvesting of agricultural or horticultural products, and minor

agricultural and drainage maintenance projects) are regulated by.the wetlands

permit and water quality certification programs.. Each proposed activity is

evaluated by the WRAwith the assistance of.relevant-State and local agencies

-8-

Table 2. State Agencies Involved in Marina Development Review

Agency Authority Function

Department of Natural a. Wet lands Law, 1970 Review and evaluation of
Resources, Water applications.for wetlands
Resources Adminis- b. Water Resources licenses and permits,
tration Law, 1972 preparation of recommenda-
tions on wetlands
c. Sediment Control licenses, issuance or
Rules and Regulations, denial of wetlands
1972 permits.

Board of Public Works Wetlands Law, 1970 Review and issuance or
denial of wetlands
1icenses for.work in State
@wetlands. Advisory
comments to State Wetland
@Permits Division.

Department of Natural Federal Coastal Zone Review and evaluation of,
Resources, Tidewater Management Act of 1972 COE permit applications,
Administration issuance of Federal con-
sistency determination
Nith State Coastal Zone
Management Program).

Department of Health Federal Water Pollution Review and evaluation of
and Mental Hygiene, Control Act, Section 401 COE permit application for
Office of Environ- compliance with water
mental Programs quality standards,
issuance or denial of
Water Quality Certifi-
cates.

Source: Vaughan, W. S., Jr. et al. State County Interagency Procedures
for Imposing Environmental (@u_-ality Controls on Water-oriented
Development Activities. 1974. U.S. Department of the Interior,
Washington, D.C.

for its impacts on the wetlands, water quality, wildlife habitat, fisheries and

shellfisheries.

The final State authority on making decisions dealing with proposed wetl.',qnd

projects depends upon whether State wetlands or Private wetlands are involved.

In the case of projects affecting State wetlands, the final decision is made by

the Board of Public Works. In the case of Private wetlands, DNR makes.the

final decision. In both cases, the decision is based-upon the recommendations.

of the Wetland Permits'Division of the WRA/DNR.

.Upon receiving the necessary application form and plans, WRA determines

whether State and/or Private wetlands are involved. WRA either 1),accepts the

application as notification of customary works authorized under the rules and

regulations for Private wetlands and issues an approval for the proposed work,

or 2) accepts the application as a request for a Sta te wetlands license and/or.

Private wetlands permit. If a license and/or permit is required, WRA does the

following:

.1) reviews thelapplication for completeness, informs the applicant of the

time and place of the hearing (if required), and assigns the project.

to a Divi@sion biologist;

2) consults with interested fed era!, state and.local agencies as

appropriate;

3) conducts a site visit and collects.environmental data (as a rule all

sites are visited,at least once);

4) represents DUR at a public hearing where information is gathered for

development of. a DNR position;

5) prepares a written report and recommendation (State wetlands projects)

or determination (Private wetlands projects) which: a) describes the

proposal and its purpose, b) lists environmental and other findings

and coWents from DNR.and other interested parties or agencies, and

c) gives DNR recommendations on the proposed-project with necessary

conditions where applicable; and,

6) represents DNR in appeal procedures when necessary.

The Wetland Permits Division has developed administrative practices to

insure the management of tidal wetlands in Maryland, and specifically in

relation to marina constr uction and/or expansion. These include the following:

*The location of the boating facility should be such that it or the boating

activity it engenders.does not create or aggravate:

a) adverse impacts on wetlands, aquatic resources, and navigation,

b) congestion and safety problems,

C). turbidity or other adverse water quality impacts,

d) shore erosion,problems, and/or

e) other adverse environmental impacts.

*The.ercouragement of centralized .1 common boating.facilities for

subdivision developments or communities;

*Limitations on artificial channeling and avoidance of dead end or deep

canals;

*Encourage dockage to deep water as an alternative to dredging,when

feasible;

*Ecologically sound.design of bulkheads and shore:erosion protection

measures (e.g., placement behind, rather than in front of, a marsh fringe,

use of vegetative measures/rip rap whenever possible), and norm ally not

permitting such work where it would adversely affect navigation:, surface

drainage, significant flora or fauna, and the like;

*,Only use such filling as is necessary for the shore pr(4tection work and not

to create fast land;

*Limitations are normally required on dredging ingeneral and/or dredging

for fill (e.g., stay 15 feet from identified marsh and 200 feet from

oyster beds, stay out of spawning and nursery areas between April 15 and

July 15);

*Preferring water-dependent shorelineuses and resisting non-appropriate

uses of wetlands (i.e., uses not necessarily water-dependent, such as

restaurants or factories);
*Prohibitions agai nst navigational or water exchange obstruction'*

*Guidance on road construction in,wetlands;

*Llocational guidance for boat facilities include siting where maximum

physical advantage exists (e.g.,.location in lower tributary,preferred over

headwater areas to encourage flushing and proximity to deep water, location

so as not to interfere with existing fishing, water recreation, bridges,

and .the like, location to avoid necessity of crossing vegetated wetland,

limitation of structural encroachment into channels).

Coastal Resources Division's Role. Through its Project Evaluation

Section, the Coastal Resources Division of the Department of Natural Resources

becomes involved in the.permit process concerning marina applications by: 1)

providing additional technical assistance to the WRA for its evaluation of a-

particular project; and,2) making Federal Consistency determinations on-Corps

of Engineers permits. CRD is notified of all State.wetlands permit applica-

tions throu'h the Wetland's Pre-hearing List distributed by,WRA. The Division
9

is notified of Corps permits through receipt of Public Notices distributed by
the Corps.

The.Division screens the project notices and determines whether its involvement-,

is necessary. This decision is based on: 1) any apparent conflicts with the

goals, objectives and policies of the Coastal Zone Management Program (CZMP);

and/or, 2) the presence of unresolved issues.due to insufficient data or

information to determine potential impacts. As a general "rule of thumb", CRD

will be involved in projects requiring the dredging or filling of one-quarter

acre or more of wetlands, new marina proposals.involving 50 or more slips, and

marina expansions of 25 or more slips..

CRD involvement in a marina project falls into one of two,categories:

1) Review and comment based on existing information. This category

refers to a situation in which existing data and information is

sufficient to address the major issues; and

2) Review, comment, and provision of additional technical assistance.

This refers to a situation in which existing data and information are

nsufficient to address all the issues. CRD has the capabilities,

i.e., the funds and manpower through its consultants, to.collect the

necessary data to fill information gaps.

The review factors associated with a marina project include existing and

potential boating congestion; water quality impacts; flushing characteristics

of the site; dredging.if npacts on fisheries and flushing;.locational character-

istics :(headwater areasYs. mouth of river); and the demand.for boat slips.

Based on its review,.CRD then submits its comments to WRA for incorporation

into the permit decision.

All Corps of Engineers permits require a determination of the project's

consistency with the Maryland Coastal Zone Management Program (CZMP). CRD

a c
notifies the Corps directly of any inconsistencies with the CZMP. The bsi

consistency requirement is that federally conducted or supported activities

which affect the State's coastal zone b e consistent, to the maximum extent

practicable, with an approved state management Program. The purpose of the

consistency review is to: 1) plan for and,manage impacts resulting from

feder@al programs; 2) develop a factual analysis of the effects of a proposed

.federal action; 3) determine consistency by examining the results of that

analysis in the context of the goals, objectives and policies of the Program)

and;@4) screen all federal actions for those with significant potential impact,

individually or cumulatively, on coastal. resources or activities. In general,

a consistent action is generally defined as one which supports or furthers the

goals, objectives and policies,of the Program. If the Corps does not receive

comments, either verbal or written, within 30 days of the date of the Public

Noti6e, the project is assumed to be consistent with the CZMP.

A flo@, chart depicting the overall State permitreview process is provided

in Figure 1. Also, a copy of (1) the text of the Maryland Wetlands Act, (2)

the Order establishing wetland boundaries and rules a nd regulations, (3)

guidelines/criteria used by the Wetlands Permit Division in reviewing

applications, and (4) the Maryland CZMP policies affecting marina development

are included as appendices B, C, D, and E,.respectively.

Fedet'al Level

Under the Rivers and Harbors Act of 1899 (Section 10), it is the U.S. Army

Corps of Engineers;(COE) direct responsibility to permit any construction,

excavation or deposition of materials in or over the.navigable waters of the.

United States. Navigable waters have been defined as "all waters subject to

the ebb.and flow of the tide that are currently being@used,, were use d in the:

------ . ..............
CCOLOUICAL SUAVEY j

'FF

AARYLAND DNPI OAST
WETLAND
L iESOURCE5
5
DItIsIth
L__ill
IDA F1 E:5
DIVISION, TA

r.A17RSHEC PERM_1TS,1 STATE VETLON'S

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DREDGE AND/OA I PROJECT ILt IAI'11.@ kECOMEND
APPLICANT FlIk AIJITHORIZAT10%
,@!ERTI SEMW
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OFFICE OF CCAMENT$ SOLICIT DREDU AUDIOR
E IRON ENIAL !ON STATE/LOCAL CERTIF ATE FILL AUTM.'RIZATtOl'!
OC
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____(C1 MMENT
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SEDIMENT AND 114EN AN M A S U 4
GRADING DING PLAN PERMIT
0
PERMIT SECTION VAL
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U8 A[ VIEW By
DEPARTMENT OF
WORKS BUIL6
PERMIT SECT OR.ANIZATIOn
[@A L 1,111111 F11 N
ITY 'JR COVVY CO'U4TY DEPT CD
'Ax I TS _ ___4
LLn@_L-5-1 EVLNT

Figure T. Flow Chart of the.@Iaryland Dredge
and Fill Permit Process - State Process
Source: Hittman and Associates, Inc. Maryland Dredqe and rill Permit Process Handbook. 1982. Columbia, Maryland.

past, or are reasonably susceptible of use for vessel.navigation purposes, as

well as non-navigable tributaries of navigable streams". The Rivers and.

Harb ors Act specifically forbids the construction of any wharf, pier, bul.kheadi
har6 or or any other structure in or over the navig able waters of the U.S.

except.as authorized by the Chief of Engineers. It also requires.that a Corps

permit be obtained for any other work affecting the cou rse, location,

condition, or capacity of U.S.' waters. In addition, under Section 404 of the

Federal. Water Pollution Control Act Amendments (Clean Water Act of 1?77), the.

Corps is also required to issue permits for the discharge of dredged or fill

material in all waters of the United States including adjacent wetlands.

With regards to Marina development, the two most important activities

req&ring Corps authorization are construction, and dredging and filling.

While the Corps is the primary Federal- regulator for.both activities, it works
in cIonjunction with the U.S. Fish and Wildlife Service (FWS), the Environmental
Protectioi Agency (EPA), and the National Marine Fisheries Service (NMFS)

during the permit review process. Table 3 illustrates the role of each of

these Federal agencies in marina development. Additional Federal agenciesmay

become involved in a marina project should their geographical orfunctional

jurisdictions be affected by the proposed activity (e.g., enforcement of

certain water pollution,and boating safety regulations would invol ve the'U.S.

Coast Guard).

.At the Federal level, the COE acts as the central processor or clearing-

house for all recommendations and approvals on permit applications. Following

receipt,of a permit application, the COE sends out a public notice describing

the project to Federal, State and local agencies, as well as to interested

Table 3. Federal Agencies Involved in Marina Development-Review

Agency Authority Function

U.S. Army Corps of a. Federal. Water Pollution Review and evaluation
Engineers Control Act., 1972 of applications, is-
suance of public-
b. Permit Regulations for notices, general. co-
Activities in'Navigable ordination with other
Waters or Ocean Waters,. agencies at all
1973 levels, issuance or
denial of permit.

c. Rivers and Harbors Act,
1899

d. National Environmental
Policy Act, 1969

e. Fish and Wildlife Act,
1956

U.S. Department a. Coastal Zone Management Review and evaluation
of Interior; Fish Act, 1972 of projects from
and Wildlife Service standpoint of impact
b. National Environmental on fish and wildlife.
Policy Act, 1969

c. Fish and Wildlife Act,
1956

d. Fish and Wildlife
Coordination Act, 1934

Environmental Pro- a. Federal Water Pollution Review and: evaluation
tection Agency Control Act, 1972 of water quality and
aquatic resource
Coastal Zone Management impacts.
Act, 1972

National Marine Review and evaluation
Fisheries Service of projects from the
standpoint of impact
on marine fisheries and
shell fisheries.

Source: Vaughan, W. S., Jr. et al. State County Interagency Procedures
for Imposing Environmental (@uality Controls on Water-oriented
Development Activities. 1974. U.S. Department of.the Interior,
Washington, D.C.

Figure 2. Flow Chart.of Corps of.E.ngineers Permit Review Process
typical co#*-*-%s w'uermit review "@rocess

Public Notice issued

Applicant Submits Application
Engineer Form 4345 Received.
to District Offl ce Acknowledged
and Processed Public Notice
Normal 30 Day
comi-nent peri od

f COIFIS
injividuals
50ecial Interest ftollps
Applicant signs Local Agencies
State Agenc-es
and returns Federal Asperic
wi th fee Permit
-Issued Application ieviewed 1)y Corps
and othpr interested agencies,
organizations and individuals

Public Hearing
Application
may be held
Approved

Evaluation Factors

-Conservation
-Economics
-Aesthetics
-Environmental Concerns
-Fish and Wildlife values
-Flood damage prevention
-Welfare of the General Public
-Historic values
Application denied
-Recreation
-Land Use
Water supply
Water quality
Navigation
Energy neecls
Safety
Food production

Source: U.S. Army Corps of Engineers. Permit Program: A Guide for Applicants.
1.977. Department of the Army, Washington,.D. C.

STATE OF NARYLAO COASTAL ZONE
COASTAL RESOURCES CONSISTENCY
DIVISION, TA DETERMINATION

STATE Of MARYLAND COMMENTS SOLiCITE WATER
OFFICE OF ENVIRON, BUT NOT REQUIRED QUALITY
MENTAL PROGRAMS CERTIFICATE

LETTER OF
MARY M 5
TRU T COMMENT

A
P
p us FWS COMMENTS
DOI REQ'D BY LAW
L PLICAT16M FOR DEPT OF 33 CFR 320-329 EVALLLAT I ON
THE ARMY PUBLIC DEPT OF THE ARMY AND
EDGE AND FILL CORPS OF ENGINEERS RECOMMENDATION
NOTICE
RKIT CORPS OF
ENGINEERS

CDC
SECRETARY OF 71
1E
T
TH
HE A"

OTHER FEDERAL

COMMEN
AGENCIES TS
S@
SOLICIIT@EED SLIT Dit'EOGE A 0
FILL PERMIT
NOT REQUIRED

OTHER STATE
AND LOCAL

ORGANIZATION.

EVENT

Figure 3. Flow Chart of the Maryland Dredge
atid Fill Permit Process - Federal Process
@COPWIE @01. I CR I @TE 0
L
I ED
NTS So
BUT
NOT Rio

C014MCNTS
R"I'D By Ll
I P 3 @3C F R@9@@
C DR 320 32
'A PE
N
T
@COMP14CEN
TS
SOL ITEO allT
NOT REQUI RED

OTHER STATE
LO L
7AA
No C
AGE E

Source: Hittman.Associates, Inc. Maryland Dredge and Fill Permit Process Handbook. 1982. Columbia, Ma-ryland.

groups and individuals. The information received by the COE from these

agencies and groups following their respective reviews of the project includes

written recommendations and appropriate certifications.

The criteria utilized by the Corps (and other Federal agencies) during the

permit review process focus on the following areas:

a. keeping waterways open to navigation,

b. prohibiting obstruction of channels or access to navigable Vaters,

potential impact of project on fish and wildlife resources ,

potential impact of project on water quality,

6. protection of historical, scenic and recreational areas, and

impacts of dredging activities.

A flow chart depicting the COE permit review process is provided in Figure

2. A flow chart illustrating the overall Federal permit review process is

provided in Figure 3.

VARIOUS COASTAL STATE REGULATIONS GOVERNING MARINA SITING/DEVFLOPMENT

Of those states which responded to the request for information on marina

development permitting practices, none had-specific or extensive guidelines for
mari!ha siting. All states treated marina development as a water-dependent
activity which should,be allowed because of an identified public need.

Primarily, any guidelines for marina,siting were combined with other marina

const,ruc.tion related activities such-as dredging, bulkheading, piers., docks,

etc.! In this manner one set of guidelines was established for the range of

activities. The following is a list of those sites which responded-and

identified their respective processesand authorities.

STATE LEAD AGENCY EXISTING AUTHORITY

Texas General Land Office Texas Civil Statutes (School
Land Board). Has adopted
set of specific regulations
for one waterbody.

Oregon Department of Land Con- StatewidePlanning Goals
serv.ation and Development minimum standards.

Wisconsin Department of Natural "Chapter 30"
Resources performance.s.tds.; local
shoreland/floodplain zoning
ordinances.
Georgia @Department of.Natural Specific guidelin*es for
Resources/Coastal Marshlands alteration to marshlands..
Protection Committee

Massachusetts Executive Office of Environ- Massachusetts Environmental
mental Affairs/Department of Policy Act/Massachusetts
Environmental Quality General Laws
Engineering

Mississippi Department of Wildlife Coastal Wetland Use-Plan
Conservation/Bureau of (prescriptive regulation)
Marine Resources and CZMP guidelines (less
restrictive).

Connecticut Department of Environmental General Statutes; Coastal.
Protection Policies and Use Guidelines
(CZMP).

Florida Department of Environmental Florida Statutes (rules for
Regulation permit review).
New Jersey Department of Environmental Consultants just completed@
Protection/Division of a handbook on marina develop-
Coastal Resources ment.

Pennsylvania Department of Environmental Dam Safety and Waterway
Resources Management and Waterway
Obstruction and Encroachment
Regulations.

Virginia Marine Resources Guidelines for the Permitting
of Activities@which Encroach
in,, on or over the Submerged
Lands of the Commonwealth of
Virginia.

For more information on these regulations, copies of the respective

guidelines and information contacts in these states, please contact the

Maryland CRD office at (301) 269-2784.

MARINA SITING CONSIDERATIONS

The siting of a marina facility involves more than consideration of

proposed location and size of the project. Questions concerning effects on

water quality, circulation patterns, existing sewage systems, amount of

dredging needed, proximity toaccess channels, etc., must all be addressed in

order to make the review as comprehensive as possible. In this light, the

resulting considerations have been grouped into specific activity categories to.

assist in identifying areas which should be addressed. It should-be remembered

that each project is reviewed on a case-by-case basis.

These general considerations may.provide a checkoff list that c.an be

applied to the majority of projects to help assure their regulatory compliance

early in the process. It should be stressed that these considerations are not

necessarily binding in all cases, but are to be used as "rules of thumb" at the

outset of a project review.

General C-)nsiderations

1. Plans for marina development should be submitted for concurrent review by

appropriate federal, state and local regulatory agencies at the earliest

possible time to prevent unnecessary delays in the permitting process.

2. The proposed project should meet an identified and specific public need.

Marinas should not be sited in areas where it is.necessary to disturb

shellfish beds or:l:arge areas of-mar sh, swamp, or aquatic vegetation.,

4. It is important, in order to adequately evaluate the water basin's

suitability for a marina facility, not only to develop a physical and

chronological description of the basin itself, but of the proposed

activities within the basin as well.

5. Convex shorelines areas are generally better suited to marina activity,

therefore these areasshould.be considered first as site locations.

0. Regional as well as local need shoul.d be considered in marina location.
7. The presence of any rare/endangered species should beinvestigated during

the selection process. Sites providing habitat for such species should be

avoided.
Loca@ional Considerations

1. Location of a boating facility in the lower portions of a tidal tributary

where there is better flushing and access to open water and less need for

dredging is preferable and encouraged over a location in the headwater

areas.

2. When building a new marina or expanding an existing one, the optimal choice

would be aprotected area of shoreline that is devoid of marsh or other.

significant aquatic resources.

Marina design should not create or aggravate shoreline erosion problems or

interfere with natural processes'or littoral transport.

4. The facility should be located so as to minimize adverse impacts on

fisheries and shellfisheries.

5. 8asy access to the marina site by major highways or connectors should be

provided as well 'as safe and convenient access from the principal

residential areas.served by or in proximity to the marina.

6. In locating proposed marinas, sites that are near high boating use of

potential high boating use areas should be considered. [email protected]

'should be centralized to minimize adverse impacts of the facility.

Dred@ing Considerations

1. New marinas should be located on.existing channels when possible rather

than on sites where new channels would have to be dredged.

2. The. depth of dredging should be limited to the zone of light penetration

unless the existing bottoms already exceed that"depth.

Marina basins should not be deeper than the open'water or channels to which

they are connected.

4. Marinas designed with zoned depths increasing towardopen water will

facilitate flushing rates and reduce the amount of dredging required.

5. Piers are preferred to dredging as a means of reaching deep water.

Restrict length to approximately 500 feet.

6. Dredging of bottom materials for the sole purpose of obtaining fill

material is discouraged.

7. Spoil deposition, areas should be identified and obtained prior to initial

development of marina facilities.

8. Spoil resulting from dredging activity should be adequately contained above

the mean high water line. This material should not be permitted to re-

enter the water.

Environmental Considerations

1. Marinas should be designed with as much porous land surface and vegetative

cover as possible to reduce stormwater runoff.

2. Buffer zones of natural vegetation should be established between the

proposed development and any waterways@

Where possible, existing shoreline vegetation should remain undisturbed and

thus be available for shoreline stabilization.

4. Generally, marina.s should be located in areas that are.well flushed so that,

pollutants will be carried out and dispersed in more open waters rather

than accumulated in the marina basin.

Construction Considerations
1. @The size and extension of a dock or pier should be limited to that required

,for the intended use and should meet any applicable local zoning require-

ments.

2. Docks and piers should be constructed and maintained in a manner that does

-not degrade the surrounding developed area or conflict with adjacent

,property interests and shoreline uses.

3. Docks and piers should be constructed in a manner that does not restrict

,water flow and circulation.

4. Use of floating docks and open pile piers will have less effect-on water

,circulation and littoral transport than finger piers.

5. Docks and piers should be designed and constructed such that al-terations of

the natural productive potential of the shoreline and littoral.habitat is

minimized.

6. 'Docks and piers should not hinder navigation or public use ofthe waters..

7. Floating piers should be encouraged in those areas where scenic values are

high and where activity conflicts between fishermen and recreational

boaters will not be created.

Bulkheading should be kept to a minimum. It should be located behind

Marshland and as far landward as possible with access over marsh gained by

piering.

9. Bulkheads should be constructed at the mean high water line. and should tie

,in with adjacent shoreline protection structures. Sloping and vegetative

stabilization of eroding shorelines should be pursued, where practical.

10. The use of sloping shoreline protection structures; e.g. revetments and

marsh establishment, are environmentally preferable to vertical structures

and should be considered first.

11. Slips for boats of deep draft should be build in the naturally deeper water

of the marina basin.

12. The use of floating or partial sheeting breakwaters vs. solid breakwaters

should be evaluated.

13. Piers and docks should be extended as far as possible into deep water to'

minimize the need for dredging, but not interfere with navigation.

Boating Considerations

1. Ambient currents greater than one knotand waves higher than one foot are

undesirable in boat mooring or docking areas.

2.@ Turning basins and navigation channels should be designed to prevent long-
term degradation of water quality. Dead end or@deep canals without ade-

quate flushing should be avoided. Turning basins and new channels should

be large enough to accommodate the largest vessel served.

Land Use Considerations

1. Septic sytems should be designed with adequate capacity and located in

proper soils sufficiently far away from waterbodies to'prevent leaking of

contaminants into iocal,.waters.

2. All marinas should.include facilities for adequate handling of litter,

sanitary wastes, refuse, petroleum products and for efficient treatment of

stormwater runoff..'

FURTHER READINGS ON MARINAS

Adie, Donald W. 1975. Marinas: A Working Guide to Their Development and
Design. The Architectural Press Ltd., London. 336 p..

presents comprehensive.overview of marina development from a brief history
of demand to marina management. Chapters analyze essential planning
considerations which include@ site selection factors, types of develop-
ment, problems specific to inland situations, general. design principles for
onshore and offshore facilities, engineering concerns, landscape planning,
necessary public utility services, boat-handling and storage considera-
tions, bunkering facilities, pollution control concerns, economic and legal
considerations. Each chapter concludes with subject bibliographies.

Chaney, Charles A. 1961. Marinas: Recommendations for Design, Construe-
tion and Maintenance. National Association of Engine and Boat
Manufacturers, Inc., New York, N.Y. 247 P

Manual of construction methods and materials for.-marina development.
Discusses site investigation and master planning,for the marina. Detailed
I
information presented on construction materials@ Also discusses design of
@ulkhead walls, dredging considerations, pier and walk structures, and
design of floating equipment. Presents detailed..analysis of water supply
systems, sewage, stormwater and waste disposal systems, fuel supply
systems, and electrical systems. Concludes with suggestions for ground
development, building design and'sconstruction, financing and financial
feasibility, maintenance and operation concernsa

Chmura, Gail L. and Neil W. Ross. 1978. The Environmental Impacts of
Marinas and Their Boats: A Literature Review with Management Consider-
6tions. Marine Advisory Service, University of-Rhode.Island,
Narragansett, R.I. 32 p.
4 review of literature focusing on saltwater environments, with some
management recommendations specific to Northeastern boating states- The
purpose of this review is to surrnarize-all aspects of marina and boat-
related environmental effects. Discussion focuses on studies of each
component's effects, the management options needed to minimize.negative
effects and expand positive ones, and future needs.

Epstein, Lee R. 1980. The Development of Recreational Boat Marinas in
tstuarine Settings: Measurement and Management of Development Impacts in
Tidal Ecosystems. Master's Thesis, The George Washington'University,
Washington, D.C. 249 p.

'Ine basic intent of this thesis was to produce a readable, usable study
that may be referenced by local government officials to assist them in both
tifValuating local marina development proposals, and judiciously managing the
delicate estuarine resources. A thorough examination and analysis of the
numerous regulatory approaches, development guidelines, and evaluative
6riteria was made.

Mahoney, Frank E., Bram D. E. Canter and Richard G. Hamann. 1980. Legal
Aspects of Recreational Marina Siting in Florida. Report No.
Florida Sea Grant College, Gainesville, Florida. 83 p. + Appendices.

This report has a two-fold purpose. First, it is designed to inform pbblin
and private planners and decision-makers of the major environmental
regulatory controls to which a marina construction project in Florida is
subject. The second purpose of the report is to make available a
compilation of criteria that can be used to assess the merits of
r1ecreational marina proposals and to facilitate planning for meeting marina
facility demands in a municipality, a country, a'region or the entire
state'.:

Office of Planning and'Zoning. 1980. Anne Arundel County Boating and
Marina Study. Anne Arundel County, Annapolis, Maryland. 165 p.

The study include the following elements: Boater characteristics and
attitudes sampled through a telephone survey of a random sample of
registered boats kept in the County. Marina characteristics and locations
were'.determined througha comprehensive survey. Aerial photography and
information fromexperienced boaters were used to document boating activity
patterns, activity areas, and the intensity'of activity for each river in
the County. Measures to mitigate environmental impacts were obtained from
published reports and the experience of marina operators and boaters. All
of these elements resulted in the drafting of maritime zoning.regulations
for the County.

Office of Planning and Zoning. 1981. Marinas and Recreational Boating-
Talbot County, Maryland. Talbot County, Easton, Maryland. F3 P..

This report attempts to provide more adequate and specific information.
about boating, marinas, and marina related facilities in Talbot County. It
then discusses the present and potential future impacts of these facilities
on the lands and waters of the County. Finally, strategies are proposed
that are intended to provide appropriate guidance regarding the future
location, design, construction, and expansion of marina facilities in
Talbot County.

U.S. Army Corps of En Permit Program: A Guide for Appli-
. gineers. 1977.
cants. Publication No. EP.1145-2-1. Department.of the Army, Wash-
ington, D.C. 20 P.

This informational pamphlet is designed to assist the public in applying
for Corps of Engineers permit.

U.-S. Dept. of Commerce. 1976. Coastal Facility Guidelines: A Methodology
for Development with Environmental Case Studies on Marinas and Power
Plants. National Oceanic and Atmospheric Administration, Office of
Coastal Zone Management, Washington, D.C. 96 p. +.Appendices.

This report provides state coastal. zone management agencies with
information and recommendations for developing guidelines for facility'
development in the coastal zone. One section of the report presents a
methodology for identifying and initiating implementation procedures for
Ilidnagement recommendations on specific facility types. Other sections
apply the methodology to marinas and power plants in the states of Florida
and Maryland, respectively.

Vaughan, W.S., Jr., H.A,. Blanchard and Anne S. Mavor. 1974. State-County
interagency Procedures for Imposing Environmental Quality Controls on
Water-Oriented Development Activities. Contract No. 14-31-0001-7070TI-1,
Project #C-4262. Whittenburg, Vaughan Associates, Inc., Landover,
Maryland. 94 p.

The principal purpose of this report was to describe the procedur.es*used by
agencies of local and State governments to impose environmental.quality . .
controls on water-oriented development.@ The organizational context for the
description was the State of Maryland and one of.the State's 24political
subdivisions, Anne Arundel County. The scope of 'the project included a
description of current, in-practice procedures,'the criteria imposed and
the agencies involved in the process, an analysis of the present status of
this control system and recommendations for improvements to current
procedures.

APPENDIX A

Anne Arundel County Code Regulations

MA--Maritime Group A Districts

Sec. 13-322. In general.

(a) Maritime Group A Districts shall consist of the fol-
lowing:

Note.-See editor's footnote 5a on page 312.280.1.
Supp. No. 37, 2-80
312.288.3

(1) MAI Community Marina Districts;
(2) MA2 Commercial Marina Districts;
(3) MA3 Yacht Club Districts. (Bill No. 129-79, 6.)
Sec. 13-322.1. Uses permitted in MAI Community Marina
Districts.
(a) All uses permitted in a MAI District (unless otherwise
permitted by this subtitle) shall be for the sole use and enjoy-

ment, of residents and their guests (for, the duration of their
visit), of the subdivision within which the MAI District is
located.

(b) All lands or improvements within the community
marina shall be community-owned. A builder or developer may

participate in the development of community facilities with
the approval of the community organization which represents
the residents of the subdivision. Community slips may not
exceed a slip-to-lot ratio in accordance with the following
scale; provided however, that no pier, slips or moorings shall
be permitted until at least twenty percent (20%) of the
platted lots within the subdivision are owner-occupied.
Lots slips
Up to 15 One slip for each lot
16-- 40 15 slips or 75%, whichever is greater
41-100 30 slips or 50%, whichever is greater
101-300 50 slips or 25%, whichever is greater
Over 300 75 slips or 15%, whichever is greater
(c) The following uses shall be permitted in MAI Com-
munity Marina Districts:
(1) Launching ramps and small hoists with a
rated lift capacity of four thousand (4,000) pounds for the
launching and removal of watercraft.
(2) Maintenance and simple repairs on watercraft of a
type that can normally be done while, the vessel is in the water.
Supp. No. 37, 2-59
312.288.4

A-1

13-322.2 PLANNING AND ZONfNG � 13-322.2

although such maintenance -and simple repairs may be done
on the !land, including scraping, sanding, painting and emer-
gency repairs of watercraft.
(3) Wet storage and temporary docking of seaworthy
watercraft at community piers, pilings, buoys, and other such
facilities, excluding covered facilities. Temporary docking of
seaworthy watercraft is permitted if the watercraft is owned
by and registered to guests of residents of the subdivision
during'the duration of their visit to the community within
which the MA1 district is located.
(4) Community buildings arid offices, and/or administra-
tion facilities necessary for operating the uses permitted in
C
this section, including one residential dwelling unit for the
sole pu'.,rpose of custodial, managerial, or operational aspects
of the uses permitted within thiszone. The residential facility
shall be limited to one family.
(5) Swimming-pools, tennis courts and other such recrea-
tional facilities.
(6)@ Snack bar facilities and vending machines.
(7), Dry storage of seaworthy watercraft and outside
storage@ of licensed watercraft trailers, not to exceed ten per-
cent (10%) of the total lot area.
(8j Signs, in accordance with the provisions of section
13-336 of tYs subtitle.
(9 Permanent parking facilities provided at a rate equal
to one Apace for each five (5). slips; however, adequate usable
land sh I@U be available to accommodate parking at a rate of
one space for each two (2) slips. (Bill No. 129-79, � 6; Bill
No. 1033-79, � 1.)

See. 13-322-2. Uses permitted in MA2 Commercial Marina
Districts.

The following uses shall be permitted in MA2 Commercial
Marina 'Districts:

312.289 Supp. No. 43, 8-81

A-2

13-322.2 ANNE ARUNDEL, COUNTY CODE 13-322.2

(1) Wet storagge and temporary docking of seaworthy
watercraft or watercraft awaiting repairs at commercial piers,
pilin-9, buoys, and other sucli facilities, excluding covered fa-
cilities.

(2) Rental of watercraft, including watercraft charter oper-
stions.
(3) Launching ramps and hoists with a maximum rated lift
capacity of four thousand (4 000) pounds for the launching
and removal of watercraft.

(4) Dry storage of seaworthy watercraft and outside stor-
age of licensed watoercraft trailers, not to exceed te-n percent
(10%) of the total lot area between May 1 and October 31,
incluaive, and. fifty percent (5076) of the total, lot area
between November I and April 30, inclusive.
(5) Maintenance and simple repairs of watercraft of 'a
type that can normally be done while the vessel is in the water,
although such maintenance and simple repairs may be done
on the land, and may include scraping; sanding, painting and
emergency repairs of watercraft.
(6) Restaurants, restaurants with bar facilities, snack and.
vending machines.
(7) Sale of groceries, packaged alcoholic beverages, fishing
supplies, watercraft accessories, and marine engines up to
thirty (30) horsepower, excluding watercraft trailers.
(8) Swimming pools, tennis courts, and other such recrea'-
tional facilities.
(9) Office and/or administration facilities necessary for
operating the permitted and special exception uE;es in a IMU
Commercial Marina District.
(10) Two (2) dwelling units per marina.
(11) Commercial waterman uses including and limited to:
(a) Loading and unloading of work boats that are i-n wet
,storage at the site.

Supp.,No. 43, 8-81
312.290

A-3

13-322.3 P!,&NNING AND ZONING J 13-322.4

(b) Storage of seafood in live boxes floating in the water,
but n;t seafood processing or other industrial, manufacturin
91
or other processing uses.
(C) Small elevators, lifts, conveyors, and other such de-
vices'to assist in the unloading of seafood from workboats
that 'are in wet storage at the site, and the loading of trucks
to carry the s eafood from the site. All loading of trucks shall
take place between sunrise and sunset.
(d) Buildings for the storage of crab pots, 'nets, traps,
and other such devices, and/or outside storage of such de-
vices! iprovided, that such outside storage shall not exceed five
t (5T
percen o) of the lot area.
(12) Signs, in accordance with the provisions of section
13-336 of this subtitle.
(13@) Off-street customer parking, in accordance with the
provisions of article VIII of this subtitle. (Bill No. 129-79, � 6;
Bill o. 133-79, � 1; Bill No. 124-81, � 5.).

See.. 13-322.3. Special. exceptions in MA2 Commercial Marina
Districts.

The following special exceptions shall be permitted in MA2
Commercial Marina Districts:

(1) Marine service facility.
(2) Helipads. (Bill No. 129-79, � 6; Bill No. 124-81, � 5.)

See. 13-322.4. MA3 Yacht Club Districts.

(a)@ All uses permitted In a MA3 district shall be for the sole
use and enjoyment of members of the yacht club and their
guests unless otherwise authorized by this subtitle.
(b)' The following uses shall be permitted in MA3 Yacht
Club Districts:
(p Wet storage and temporary docking of seaworthy
watercraft at piersi pilings, buoys, and other such facilities,
excjuding 'Covered facilities;- however, wet storage of water-

312.290.1 Supp. No. 43, 8-81

A-4

� 13-322.5 ANNE ARUNDEL COUNTY CODE 13-322.5

craft owned by and registered to guest of members shall be
permitted only on a transient and noncommercial basis.
(2) Launching ramps and hoists with a maximium rate

lift capacity of four thousand (4,000) pounds for the launch-
ing and removal of watercraft.
(3) Dry storage of seaworthy watercraft and outside
storage of licensed watercraft trailers not to exceed ten per-
cent (10%) of the total lot area.
(4) Maintenance and simple repairs of watercraft, of a
type that normally can be done while the vessel is in the
water, although such maintenance and simple repairs may be
done on the land, and may incclude scraping, sanding, paint-
ing and emergency repairs to watercraft.
(5) Restaurants, restaurants with bar facilities, snack
and vending machines.
(6) Swimming pools, tennis courts, and other recreational
facilities.

(7) Clubhouse facilities, including office and administra-
tion facilities necessary for operating the yacht club, and/or
a residential dwelling,, limited to ocupancy by one family, for
the sole purpose of custodial, managerial, or operational as-
pects of the uses permitted by this section.
(8) Signs, in accordance with the provisions of section
13-336 of this subtitle.

(9) Off-street parking, in accordance with the provisions
of article VIII of this subtitle. (Bill No. 129-79, � 6; Bill No.
124-81, � 5.)

See. 13-322.5. Special exceptions in MA3 Yacht Club Districts.
The following special exceptions' shall be permitted in MA3
Yacht Club Districts:
(1) Helipads.
(2) Covered facilities for the wet storage of seaworthy
watercraft, subject to the provisions of section 13-
343.12(l)(f), (4) and (5) of this subtitle.
Sunp. No. 43, 8-81
312-290.2

A-5

PLANNING AND ZONING 13-323,

(3 Dry storage, In excess of ten (10) percent of the lot area
and covered dry storage of seaworthy watercraft, all subject
to the provisions of section 13-343.12(l)(a) and (b), (3), (4),
(5) and (6) of' this subtitle. (Bill No. 129-79, � 6; Bill No.
124-81, � 5.)

MB-Maritime Group B Distracts.

See. 13-323. Uses permitted.

The following -ises shall be permitted in Maritime Group
B Districts:

(q1q) All uses set forth in section 13-322.2 of this subtitle,.
including any conditions attached thereto.
(2) Travel lifts, hoists, and other such facilities for the
launching and removal of watercraft, excluding marine rail-
ways, drydocks, and water lifts.
(3) Repairs of watercraft. An enclosed repair facility shall
be designed to collect all scrapings, paint, oil, gasoline, fiber-
glas's residue, or other wastes for removal to an appropriate,
disposal facility.
(4) Outside dry storage. of seaworthy watercraft and
water craft awaiting reDaqir, provided that:
(a) Lanes of sufficient width are maintained between
watercraft to accommodate fire and emergency equipment,
az required by the Anne Arundel County Fire Prevention
Burqeau.

(b) The total lot area used:
(i) Between May 1 and October 31, inclusive, does not'.
exceed thirty-f ive percent (35 0q7b) ; and
(ii) Between November 1 and April 30, inclusive, does
not exceed fifty percent (5027c).
(5) Covered dry storage of seaworthy watercraft and
watercraft awaiting repairs; provided, that:

6qf6qt Note.-Seqe editor's footnote on page 312.280.1.
312.290.3 Supp. No. 43,8-81

A-6

13-323.1 ANNE ARUNDEL COUNTY CODE, 13-324

(a) The base area of all covered dry storage structures
shall not exceed ten thousand (10,000) square feet for a one-
acre site. For each additional acre of site area, an additional
one thousand (1,000) square feet can be added to the com-
bined base area of dry storage structures. For a site greater
than twenty (20) acres, the combined base area shall not
exceed twenty-nine thousand (29,000) square feet.
(b) The facilities shall be set back a minimum of
twenty-five feet (25') from the side property lines.
() The facilities shall be evaluated in accordance with
the criteria set forth in section 13-300.7(d) (14)(iv) of this
subtitle.
(6) Sales of watercraft, marine engines and watercraft
trailers, including the outside storage of these products as
permitted in subsection (4) above.
(7) Sailmaking and sail repairs. (Bill No. 129-79, 6;
Bill No. 133-79, � q1.)

Sec. 13323.1. Special exceptions.
The following special exceptions shall be permitted in
Maritime Group B Districts:
(1) Covered facilities for the wet storage and temporary
docking of seaworthy watercraft, subject to the provisions of
section 13-343.12(l)(f), (4) and (5) of this subtitle.
(2) Marine fuel sales, subject to the provisions of section
13343.12(l)(e) and (3) of this subtitle.
(3) Helipads.
(4) Hotels and motels. (Bill No. 129-79, 6; Bill No.
124-81, � 5.)

MC-MARITIME GROUP C DISTRICTS.

Sec. 13-324. Uses permitted.
The following uses shall be permitted in Maritime Group, C
Districts:
94Note.-See editor's footnote &- on page 312-280.1.
Supp. No. 43, 8-81
312.290.4

A-7

13-324.1 PLANNING AND ZONING 13-325

(1) All use3 set forth in section 13-323 of this subtitle, in-
cluding any conditions attached thereto.
(2) Any repairs customarily performed on watercraft. An
enclosed repair facility shall be designed to collect all scrapings,
pqi-ht, oil, gasoline, fiberglass residue, and all other wastes
for@removal to an appropriate facility.
3) Marine fuel sales, in accordance with the provisions of
section 13-343.12 (1)(e)(i), (ii) and (iv) of this subtitle.,
(4) Facilities for the manufacturing and storage of natural
ice.
(,5) Marine railways, drydocks, water lifts and other facili-:
tie@ for the launching. and removal of watercraft.
(6) Covered facilities for the wet storage of seaworthy
watercraft, in accordance, with the provisions of section
13-343.12 (1) (f) of this subtitle.
Pile driving and marine construction operations.
(8) Marine salvage and towing operations.
(9) Construction of watercraft less than sixty-five feet
(659 in Pmgth, provided, any construction which takes place
in an enclosed facilitLy shall meet the requirements of sub--.
section (2) above.
(10) . Outside storage; provided, that the total area of stor-1.
age does not exceed fifty per cent (50%) of the lot area
(Bill TNo. 129-79, � 6.)

sec. 13-324.1. Repealed by Bill No. 124-81, 6.

TC-TOWN CENTER DISTRICTS

Sec. 13-325. in general..
'town center districts shall permit mixed use development,
greater floor area development, unlimited heights, and an

312.290.5 Supp. No. 43, 8-81

A-8

� ANNE ARUNDEL COUNTY CODE

increased intensity of use otherwise limited by the various
residential and' commercial districts; unless developed in
accordance with the provisions of this heading, all town
center uses shall conform to the provisions of the applicable
zoning district for such use. (Bill No. 38-70, � 1.)

See. 13-325.1. Uses permitted.
The following uses shall be permitted in TC-Town Center
Districts:
(1) All uses set forth in sections 13-311.1, 13-312.1 and
13-313.1.
(2) Automobile sales (totally enclosed facilities with no
outside salea or storage).
(3) Educational institutions with dormitories (privately
operated).
(4) Garden shops and greenhouses.
(5) Hospitals.
(6) Hotels, motels and boarding houses.
(7) Mixed uses on the same site (provided that no dwell-
ing unit shall be on a floor with commercial uses).
(8) Multi-family uses permitted in sections 13-308, 13-309
and 13-310.1.
(9) Nursing homes.
(10) Off-street parking, in accordance with the provisions
of article VIII.
(11) Radio and television towers (only as an accessory,
use to radio or television studios; and provided, that the
towers are attached to the roof of the'building housing. such
uses).
(12) Signs, in accordance with the, provisions- of article IX.
(Bill No. 38-70, � 1.)

Sec. 13-325.2. Special exceptions.
The following uses shall be permitted in TC-Town Center
Districts:
(1) Automotive service stations and repair centers.
(2) Heliports.

Supp. No. 43, 8-81
312.296.6

A-9

13-344.1A PLANNING AND ZONING 13-344.1A

(vii) Number and size of dwelling unit by type (where
applicable).

(8) When commercial or manufacturing uses are proposed,
the site plans shall also include:

(i) special uses propsed.

(ii) Number of employees for which buildings are de-
signed.

(iii) Type of power to be used for any manufacturing
process.

(iv) Type of wastes or by-products to be produced by-
products. (Bill No. 86-70, 1; Bill No. 129-79, 6.)

In evaluating proposed site plans for maritime group dis-
tricts, the county shal lconsider the anticipated effect of the
location, construciton, and operation of all maritime group
district uses upon the environment of the site and the adjacent
area. All federal, state, and local laws and regulations appli-
cable to maritime group district uses shall be considered with
the following factors being given primary consideration:

(1) Maintenance of state water quality standards;

(2) Preservation of the integrity of the natural shoreline,
including marsh areas, by minimizing dredging and the steep-
ness of dredged slopes. Dredging shall not create slopes steeper
than three (3) (horizontal) to one (1) (vertical) channelward
from mean low water of the base of the bulkhead.

(3) Reduction of storm water runoff and crosion by mini-
mizing use of impervious surfacing;

(4) Maintenance of the flow and volume of the natural
drainage system;

312.382.2 Supp. No. 36, 9-79

A-10

13-344.1A ANNE ARUNDEL COUNTY CODE 13-344.1A

(5) Maintenance of natrual groundwater flows;
(6) Location and maintenance of marina uses, including dry
storage areas in such a manner that shall provide the least
detrimental impact to adjacent residential properties;
(7)Compatibility of the features of the site with the
natural features of adjacent areas;
(8) Location of marinas to avoid interference with the flow
of traffic on, and the operation and maintenance of existing
bridges;
(9) Achievement of maximum flushing through the dimen-
sions and location of channels in the marina basin. Dredged
channels should be designed to decrease in width and depth
toward shore with slips for the deepest draft boards located
farthest from shore;
(10) Avoidance of turbidity and bottom distrubance by
designing slips which are two (2) feet deeper at mean low
water than the lowest projection of the boats that will be
moored in them;
(11) Preservation of natural circulation patterns, tidal
flow patterns, salinity and distribution of nutrients in the
water;
(12)Preservation of rooted submerged aquatic vegetation
of value to fish, shellfish and wildlife;

(13) Preservation of wetlands;
(14) Preservation of fish spawning areas;
(15) Preservation of shellfish beds;
(16) Preservation of waterfowl nesting areas; and
(17) Maintenance of the pattern and volume of littoral drift
past the site. (Bill No. 129-79, � 6.)

Supp. No. 36, 9-79
312.382.4

A-11

ANNOTATED CODE OF MARYLAND (1974)

NATURKI, RESOURCES

TITLE 9

WETLANDS AND RIPARIAN RIGHTS

Subtitle 1. In General.

9-101. DEFINITIONS.

(a) Generally. In this title, the following words have the meaning
indicated.

(b) "Board" means Board of Public Works.

(c) 11circuit Court", when used to designate the court having jurisdiction
@iew administrative action taken pursuant to this-title, means the Baltimore
to rev
City Court if the land -involved in the appeal is located in Baltimore City.

(d) "County" includes Baltimore City-unless otherwise indicated.

(e) "Department" means Department.of Natural Resources.

(f) "Dredging" means the removal or disp lacement by any means of soil,
sand,gra.vel, shells, or other material, whether or not of intrinsic value, from
any state or private wetlands.

(g)(1) "Filling" means either:

(i) The displacement of navigable.water by thedepositing
into State or private wetlands of soil:, sand, gravel, shells,
.or other materials, or

(ii) The artificial alteration of.navigable water'levels by
any physical structure, drainage d,itch, or otherwise.

(2) "Filling" includes storm drain projects.:vhich flow directly into
tidal 'Waters of the State.

(3) "Filling" does not include drainage of agricultural land.

(h) "Landwardiboundary of wetlands" means the common boundary between
wetlan8s as defined in this section and lands not included within the definitions
of wetlands appearing-in this section.

(i) "Person" means any natural person, partnership, Joint-stock company,
utiincOrpoxated association or society, the state, any unit of the state, a
pol-itidal subdivision, or other corporation of any type.

"I.Iri.vate wetlands" means any land not considered "state wetland"
bordering on or lying beneath tidal waters, which is subject to regular .or
periodic tidal action and supports aquatic growth. This includes wetlands,
transferred by the state by a valid grant, lease, patent, or grant confirmed by
Article 5 of the Declaration of Rights ofthe Constitution, to the extent of
the interest transferred.

(k) "Regular or periodic tidal action" means the rise and fall of the sea
produced by the attraction of the sun and.mobn uninfluenced by wind or any other
circumstance.

(1) "Secretary" means Secretary of Natural Resources.

(M) "State wetlands" means any land under the navigable waters of the
state below the mean high tide, affected by the regular rise and fall of the tide.
Wetlands of this category which have been transferred by the state by valid grant,
lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the
Constitution .5hall be considered "private wetland" to the extent of the interest
transferred.

5 9-102. DECLARATION OF PUBLIC POLICY.

In many areas of the state much of the wetlands have been los@t'or despoiled
by unregulated dredging, dumping, filling,.and like activities, and the remaining
wetlands are in jeopardy of being lost or despoiled by these and other activities.
The loss or-despoliation will affect adversely, if not eliminate entirely, the
value of the wetlands as a source of nutrient to finfish, crustacea, and shell.fish
of significant economic value; the loss or despoliation will destroy the wetlands
as a habitat for plants and animals.of sigiiificant economic value and eliminate or
substantially reduce marine commerce, recreation, and aesthetic enjoyment; in most
cases, the loss or despoliation will affect the natural ability of tidal wetlands
to reduce flood damage and affect adversely the public health and welfare; the loss
or despoliation will reduce substantially the capacity of the wetlands to absorb,
silt and result in increased silting of channel and harbor areas to the detriment
of free navigation. It is therefore the public policy of the state, taking into
necount varying ecological, economic, developmental, recreational., and aesthetic
values, to preserve the wetlands and prevent their despoliation and destruction.
(An. Code 1957, Art. 66C, 5 718; 1973, Ist Sp. Sess., ch. 4, 5 1.)

9 9-103. RIPARIAN OWNERS NOT TO BE DEPRIVED OF CERTAIN RIGHTS.

Except as specifically provided in this title, a riparian owner may not be
deprived of any right, privilege, or enjoyment of riparian ownership that he
had prior to July 1, 1970. The provisions of this title do not transfer the
title or ownership of any land or interest in land. (An. Code of 1957, art.
66C, � 731;.1973, Ist Sp. Sess., ch. 4,

@Subtitle 2. State Wetlands.

9-"01. ACCRE"11,0N TO AN[) IMPROVEMIM IN FRONT OF LAND ON NAV)CAw.J.' WATVk;
RK'CI.AMATION (*' 1,OST FAST LAND; CONTINUATION OF EXISTING 1001'I'S.

(a) A person who is the owner of land-bounding on navigable water is.
entitl'ed to any natural accretion to his land, to reclaim fast land lost by erosion
or avullsion during his ownership of the land to the extent of provable existing
bounda,'ries. The person may make improvements into the water in front of the land
to preserve that person's access to the navigable water or protect the shore of
that pprson against erosion. After an improvement has been constructed, it is the
proper ty of the owner of the land-to which it is attached. A right covered in
this subtitle does not preclude the owner from developing any other use approved
by the;board. The right,to reclaim lost fast land relates only to fast land lost
after January 1, 1972, the the,burden of proof that the loss'occurred after this
date is, on the owner of the land.

)(b) The rights of any person, as defined in this subtitle, which existed
prior to July 1, 1973, in relation to natural accretion of land are deemed to have
continued to be in existence subsequent to July 1. 1973 to July 1, 1978. (An. Code
1957, 'art. 66C, � 720; 1973, lst Sp. Sess., ch. 4, 9 1; 1978, c1f. 791.)

9-202. LICENSE FOR DREDGING OR FILLING.

(a) Required. A person may not dredge or fill on state wetlands, without
a license.

i(b)@ Secretary to assist board and prepare report. The Secretary shall
assisCthe 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 con-
sultatl on with any interested federal, state, and local unit, and after holding any
hearing and taking any evidence the Secretary thinks advisable.

(c). Hearing; issuance; conditions; provision for pe .riodic maintenance
,dredging.

(1) After a hearing in the local subdivision affected, the Board
shall decide if issuance of the license is in the best interest of
tIhe State, taking into account the varying ecological,.economic,
developmental, recreational, and 'aesthetic values each application
presents. If the Board decides to issue the license, it 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 s tructure other than riprap on State wetlands,
the Board may issue the,license without a hearing if the fill area is
less than 300 fee@t, in length parallel to the fast land as close thereto
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 a hearing where an emergency exists'.caused
by act of God, natural disaster, catastrophe or other similar natural

event when the health, safe ty, or welfare of the citizens of
the State would be jeopardized by a delay caused by,time require-
ments for notice by publication and holding a public hearing..
liowever, the I.Jcense may be granted by the Board only with the
concurrence of the Secretary. Public notice of the issuance Ls
required. However, notwithstanding any provisions to the contrary,
within 30 days after the issuance of an emergency license, as
provided in this subsection, the.Board shall hold a hea'ring, after
giving timely notice by publication, to determine whether the
emergency license shall be made permanent or revoked.

(3) If, after a site visit, the report of the Secretary.recommends
that a license be granted, the Board may issue the license without!
a hearing as to an application for a license:

(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 thereto
as structurally feasible but not more than 10 feet channelward
of the mean high water line; or

(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 replace-
ment structure does not extend more than 18 inches channelward
of the existing structure.

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

M 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;

(iv) That the Secretary be notified and approve of each mainte-
nance dredging operation..

(5) The provisions for periodic maintenance dredging under the afore-
mentioned conditions shall be effective for no more than 6 years beyond
the date of issuance of the license.

(6) If the licensee desires to continue maintenance dredg ing beyond
the expiration date authorized in item (5), he must obtain a new
license by submitting an application to the' Board for review in
accordance with the procedures of this section. (1974, ch. 856;
1978, chs. 827, 852;-1981, ch. 481.)

1,*xceptions. llie provisions of this section CIO 11ot apply t-o al-ky
operation for:

(1) Dredging and filling being conducted as of July 1, 1970, as
authorlized under the terms of an appropriate permit or license granted under
the pr,bvisionsof existing state and federal law;

(2) Dredging of seafood products by any licensed operator, harvest-
ing of seaweed, or mosquito control and abatement as approved by the Department
of Agriculture; or

(3) Improvement of wildli 'fe habitat or:agricultural drainage
ditches as approved by an appropriate unit.

(e) Penalty for violation of section. Any person who violates any
provision of this section is guilty of a misdemeanor. Upon conviction, the person
is subject to a fine not exceeding $1000 with costs imposed in the discretion of
I
the court. (An.. Code 1957, art.. 66C �,721; 1973; Ist Sp. Sess., ch. 4 9 1.)

� 9-263.

Any party to the proceedings aggrieved by the decision of.the Board, may
petition the circuit court in the county where the land is located within 30
days after receiving the decision. The appeal shall..be-heard on the record
compiled before the Board. (1978, ch..505.)

Subtitle 3. Private Wetlands.

9-301. INVENTORY; PREPARATION OF BOUNDARY MAPS; HEARINGS ON PROPOSED BOUNDARY
MAP; ORDERESTABLISHING BOUNDS AND RULES AND REGULATIONS.

(a) Secretary to inventory private wetlands; preparation'of maps. The
Secre'@ary shall promptly delineate the landward boundaries of any wetlands in
the State. The landward boundaries of the wetlands shall be shown on suitable
maps or aerial photographs on a scale of 1 inch to 200.feet. The maps shall
cover an entire political subdivision of the State as.determined by the Secretary.

(b) Secretary to hold hearing in county of affected private wetlands. The
Secretary shall hold a public hearing in.the county of the affected wetlands on
completion of the boundary map required in subsection (a) and adoption of proposed
rules' and regulations provided in � 9-302. The Secretary shall give,notice of the
hearing by registered.or certified mail not less than 30 days prior to the hearing
date,@ to each owner shown on tax records as an-owner of land designated on the map
as a wetland. The notice shall include the proposed rules and regulations. The
Secretary shall publish notice of the hearing at least once not more than 30 days
and not fewer than 10 days be'for e the date of the hearing in a newspaper published
within and having a general circulation in every county where the wetlands are
loca@ed.

(c) Order establishing bounds, rules and regulations; notice of order.
Aftet considering the testimony at the:hearing and any other pertinent fact,
considering the rights of every affected property owner, and the purposes of

this subtitle, the Secretary shall establish by order the landward bounds of
each wetland and the rules and regulations applicable to it. A copy of the
Order, together with a copy of the map depicting the boundary lines, shall be
i.n every county affected after final appeal has been completed. The Secretary
Shall g ive notice of the orderto each owner of record of any land designated as
ulet.lands by mailing a copy of the order to the owner by registered orcerLified
mail. The Secretary shall also publish the orde r in a newspaper published within
and having a general circulation in every county where the wetlands are located.

(d) Manner of filing among land records; effect. - Filing among the
land records means that the clerk of the circuit court for each affected.county
shall maintain all wetlands maps and regulations so as to be accessible to the
public And shall display prominently to the public an index map prepared by the
Department, which shall indicate the location of each wetlands map within the
county, referenced by number corresponding to the map on file. Fili ng of maps
and regulations in accordance with this subsection shall be deemed tOlconstitute
..notice at all times, to the public 'and to all property owners affected by this
subtitle, of the applicability to the wetlands areas indicated on the maps, re-
gardless of ownership,' of the requirement to obtain a permit.before dredging or
filling private wetlands. (1974, ch. 864, 3; 1981, ch. 102.)

� 9-302. RULES AND REGULATIONS GOVERNING DREDGING AND FILLING.

(a) Secretary to promulgate. To promote the public safety, health, welfare,
wildlife, and marine fisheries, the Secretary may promulgate rules and regulations
governing dredging, filling, removing, or otherwise altering or polluting.private
wetlands. The rules and regulations may vary as to specific tracts of wetlands
because of the character of the wetlands.

(b) Rules and regulations promulgated with advice and consent of Maryland
Agricultural Commission. The rules and regulations shall be promulgated with
the advise and consent of the Maryland Agricultural Commission,,.and in consultation
with any appropriate unit in the affected political subdivision.

(0@ Maryland Agricultural Commission to act upon proposed rules and
regulations. The Secretary shall transmit a copy ofany proposed rules and
regulations to the Maryland Agricultural Commission. 14ithin 60 days from the
receipt of the copy, the Maryland Agricultural Commission shall inform the
Secretary of its decision as to the acceptance or rejection of the rules and
regulations. Failure to so inform the Secretary shall be considered approval
of the rules and regulations by the commission. (An. Code 1957, art. 66C 722;
1973, lst Sp. Sess., ch. 4 1.)

9-303. CERTAIN LAWFUL USES ENUMERATED.

Notwithstanding any rule or regulation promulgated bythe Secretary to protect
private wetlands, the following uses are lawful on private wetland:

(1) Conservation of soil, water, fish, shellfish, and wildl ife;

(2) Trapping, hunting, fishing, and catchingshellfish if otherwise
legal.ly permitted; and

(1) Exercise of riparian rights to improve land bounding on navigable'
water,,to preserve access to the navigable water or protect the shore against
e ro s i oyi -

i (4) Reclamation of fast land owned by a natural person and lost during
his ownership of the land by erosion or avulsion to the extent of provable pre7
existing boundaries. The right to reclaim lost fast land relates only to fast
land lost after January 1, 1972.' The burden of proof that the loss occurred
after this date is on the owner of the land. (An. Code 1957, art..66C � 723;
1973, ist. Sp. Sess., ch. 4 � 1.)

9-304. ADMINISTRATIVE APPEAL FROM RULES AND REGULATIONS AND DESIGNATION
OF LAND. AS WETLAND.

Any person who has*a recorded interest in land affected by any rule or
regulation promulgated under this subtitle may appeal the rule or regulation
and designation of his land'as wetland to the board of review of the department
as provided.in Title 1 of this article. The proceedings shall be held in the
county where the land is located, and the board of review shall view.the land
An question. Art. 66C S 725; 1973, 11st Sp. Sess.,.ch. 4 S 1.).

9-305. JUDICIAL REVIEW OF ADMINISTRATIVE APPEAL.!

@(a) Appeal procedure; time limitation. If the person is dissatisfied
with the decision of the board of review, pursuant to,.� 9-304, he may petition
the circuit court in the.c'ounty where the land is located, within 30 days after
receiving i-s.-decision, to determine whether the rule or regulation restricts
the us of his,property so as to deprive him'of it
s practical use and is an
unreasonable exercise of the police power so as to constitute a taking of
property without compensation.

(b) 'Appeal not subject to administrative procedure act; de novo trial;
election of jury trial; no right of removal. The appeal is not subject to the
provisions of the Administrative Procedure Act.. The court shall hear the
case de' novio'. Either par@y may elect a jury trial. There is no right of
removai.

(c) Judicial considerations. -In weighing the appropriate-exercise of
the police power, the court shall consider the importance of the land to marine
life, shellfish, wiidlife@, and the prevention of siltation, floods, and other
natural disasters, the public health and welfare, and the public policy set forth
in thi@ title. If.the court finds therule or regulation is an unreasonable
exercise of the police power it shall enter a finding that the rule or regulation
does not.apply to the petitioner. However, the finding may not affect any land
other than that of the petitioner. The Secretary shall record a copy of the.
finding among the land records in the county.

(d) Appeal to Court of Special Appeals. Either party may appeal the
decision of the circuit -court to the Court of Special Appeals.
(1976, ch. 472, � 30.)

B-7

9-306. PERMIT TO CONDUCT AftIVITY NOT PERMITTED BY RULES AND REGULATIONS
GENERALLY.

(a) Appl.Lcation; notice and hearing;' reapplivatLon after denia.l.
Any person proposing to conduct on any wettand an activity not authorized by
the rules and regulations adopted under the provisions of � 9--o302 shail apply
for a permit with the Secretary, on.the form the Secretary prescribes. The
application shall include a detailed description of the proposed work and a
map showing the areas of wetland directly affected, the location of the proposed
work, and the names of the owners of record of adjacent.land and every claimant
of water rights in or adjacent to the'wetland known to the applicant. Within
30 days after receipt of an application, the Secretary shall notify the appli-
cant, in writing, of the extent of state.wetlands involved in the proposed
activity and indicate the method of compliance with the license requirements of
5 9-202 of this.subtitle. If the applicant claims that any part of the desig-
nated state wetlands is private wetlands by virtue of the existence of a valid
grant, lease, or patent, or a grant confirmed by Article 5 of the Declaration
of Rights of the Constitution, the Secretary shall investigate and determine the
validity of the claim and notify the applicant of his determination. If, within
30 days after receipt of the Secretary's determination, the applicant files with
the Secretary a written objection to the determination, the Secretary shall promptly
institute an appropriate judicial proceeding to determine whether the land or part
of it covered by the application in dispute, is state or private wetland. The
state shall bear the cost of the proceeding. The Secretary shall mail a copy of
the application to the chief administrative officer in the county where the pro-
posed work or any portion is located. No sooner than 30 days and not.later than
60 days after receipt of the publication, the Secretary or his designated hearing
officer shall hold a public hearing on the application in the county where the.
land is located. If an electric company as defined under the PLJblic Service
Commission Law applies to the Public Service Commission for a certificate of
public convenience associated with power plant construction which involves.priivate
wetlands, the hearing and:permit procedure shall be in accordance with S 3-306 of
this article. The Secretary shall cause a notice of the hearing to be published
at least once not more than 30 days and not fewer than 10 days befo,re the hearing
date in a newspaper published within and having a general circulation in each county
where the proposed work, or any portion is located. 'Every permit application, map,
or document shall be open for public inspection at the offices of the Secretary and
the chief administrative officer in the county. At the hearing any person may
appear and give testimony. A person may not reapply until after the expiration.
of 18.months from the date,of the denial of a prior application or the'final de-
termination of an appeal from the denial.

(b) Issuance or denial; conditions and limitation; suspension, revo-
cation; bond. In granting,.denying, or-limiting any permit, the Secretary or
his designated hearing officer shall consider the effect of the proposed work.
with reference to the public health and welfare, marine fisheries, shellfisheries,
wildlife, economic benefits, the protection of life and property from. flood,
hurricane, and any other natural disaster, and the public policy set forth in
this title. In granting a permit the Secretary may impose conditions or limi-
tations designed to carry out the public policy set forth in this title. He may.-
require a bond in an amount and with surety and conditions satisfactory to him, to

secure c,ompliance with any condition or limitation in the permit. The Secretary
may susl )end or revoke a permit if he finds that -the applicant has not complied with
any condition or limitation in the permit or has exceeded the scope of the work as
set forth in the application. The Secretary shall state on the record, his find-
ings and reasons for any action taken under this subsection. He shall give notice-
of his rder of issuance, denial, revocation, or suspension of a permit in a news-
paper published within and having a general circulation in the county where the
wetlandilies.

(c) Public hearing, failure to act constitutes automatic approval of
applica@ion. The Secretary or his designee shall hold a public hearing on the
matter Iithin 60 days after receipt of an application for a permit filed pursuant
W
I
to this,section. The Secretary shall render a decision within 30 days after the
hearing.' Failure to act in conformance with dither of these requirements is auto-
I .
matic a0proval.of the application for permit. as submitted.

9 9-307.1 SAME - APPEAL TO BOARD OF REVIEW FROM DECISION OF SECRETARY.

The applicant, the county or the municipal government where the land is
located,l may appeal from the Secretary's decision pursuant to � 9-306to the
board of review of the department as provided in Title.1 of this article. The
proceeding shall be in the county where the land is located and the board of
review s ihall view the affected land.: (An.@ Code 195T, art. 66C,� 727;@1973,
lst Sp.iSess., ch. 4,� li)

5 9-308.@ @SAME JUDICIAL APPEAL FROM DECISION OF BOARD OF REVIEW.

(a) Appeal procedure; time limitation. Any party to the appeal to the
board of@ review pursuant to 9 9-307 may appeal to the circuit court for the county
in which@ the land is located within 30 days after the decision of the board of
review.

(6) Appeal not,subject to Administrative Procedure Act; de novo trial;
election!of jury trial; no right of removal. The appea I is not subject.to
the prov'@_sions ofthe Administrative Procedure Act. The court'sh.all hear the
case de novo. Either party may elect a jury trial. There is no right of
removal.

Court may s et aside or modify decision if unreasonable exercise of
police power. If the.court finds that the decision of the board of review
appealed1from is an unreasonable exercise of police power, it may set aside
or modif ithe determination.
y

Appeal to Court of Special Appeals. Either party.may appeal the
decisionlof the circuit court to the Court of Special Appeals. (1976,. ch. 472, 30.)

� 9-309.@, SAME - PAYMENT OF COURT COSTS'OF APPEAL BY STATE.

The court may order the state to pay court costs of any appeal in accord-
ance wi6 the provisions of �� 9-304, 9-305.* or 9-308 if- -it- findq thjr rhp

8_9

f Lnnncial situation of the person appealing warrants this action. (An. Code 1957,
06C., 729; 1973, ka Sp. Sess., ch. 4, 5 1.)

5 9-310. COURTS TO RESTRAIN VIOLATIONS OF SUBTITLE.

The court exercising equity jurisdiction in the county.where.the land or
any part of the land is located may restrain any violation of.this subtitle in
an action brought by the department or any authorized unit or officer of the
-department. (An. Code 1957, art. 66C, � 730; 1973, Ist Sp. Sess., ch. 4, 5 1.)

Subtitle 4. Lands Formed by Channel Excavation
in Sinepuxent, Isle of Wight,
and Chincoteague.Bays.

9-401. CONSTRUCTION OF SUBTITLE.

This subtitle does not affect any past or future accretion to land under
private ownership bounding on, or surrounded by the waters of the Chincoteague,.
Isle of Wight, or Sinepuxent Bay. (An. Code 1557, art. 66C, 9 33; 1973,.lst Sp.
Sess., ch. 4, � 1.)

9-402. TITLE TO AND USE OF LAND.: PATENT RESTRICTION.

(a) Title to and use of land. - Any island created or formed within
the confines of Sinepuxe.nt, Isle of Wight, or Chincoteague Bay by the dumping or
depositing of excavated.material from dredging or any other artificial means-
employed either by the state or the United States, or both during the'.construct-
ion or maintenance of the Ocean City inlet and the channel in the bays, together
with any accretion.to any of those islands, in the past or future, are natural
resources of the state and title to them is retained for the use of the depart-
ment.

(b) Commissioner of Land Patents not to issue patents. - The Commissioner
of Land Patents may not issue any patent for land created in the Chincpteague,- Isle
of Wight, or Sinepuxent Bay. (An. Code 1957, art. 66C, � 33; 1973,1st Sp. Sess..
ch. 4. 1.)

9-403. USE OF LAND FOR CONSERVATION, HUNTING AND FISHING.

Subject to the approval of the board, the department may use the land
described-in this subtitle for conservation purposes in the manner and under the
rules and regulations it deems in the best interest of the state. However, any
person who may lawfully hunt or fish in Worcester County may hunt or fish on these
lands during the open season for hunting.or fishing. (An. Code 1957, art. 66C,
� 33; 1973, lst Sp. Sess., ch. 4, 9 1.)

B -lo

Subtitle 5. Penalties and Fines.

9-501. ENLIMERATION.

First offense. Any person who violates any provision of this
title is kuilty of a misdemeanor. Unless another penalty is specifically provided
elsewhereilin this title'. the person, upon conviction, is subject to a fine not
exceeding@$500, or imprisonment not exceeding three months,' or both, with costs
imposed ih the discretion of the court.

(bj) Second or subsequent offense. - Any person found guilty of a second
or subsequent violation of any provision of this title, unless another penalty
is specifically provided elsewhere in this title, is subject to a fine not exceed-
ing $1,00b, or imprisonment not exceeding one year, or both with costs imposed in
the discr@etion of the court. For the purpose of this subsection, a second or
subsequent violation is one which has occurred within two years of any prior vio-
lation of@ this title.

(c) Violation of rule or regulation. In addition to any administrative
penalty provided in this title, violation of any rule or regulation adopted by any
unit within the Department pursuant to the provisions of this title is a misde-
meanor and is punishable as provided in subsection (a) and (b) of this section.

(d) Additional penalty. - Any person who knowingly violates any provision
of this title is liable to the state for restoration of the affected wetland to its
condition prior to the violation if possible. The court shall specify a reasonable
time for,completion of the restoration.

(e) Defense that maps and regulations not properly filed among land
recnrds.'- The provisions of this title are enforceable against any person charged
with dred ging or filling private wetlands without a permit, no twithstanding a
defense that pertinent wetlands maps and regulations had not been properly filed
among the land records, if the court finds that the person charged had actual notice
of the applicable regulatory requirements before he dredged or filled the private
wetlands., This, subsection shall apply only to dredging or filling activities
occurring after July 1, 1981. (1976, ch. 183, 9 1, 1981, ch. 102.)

Rev. Sept., I

APPENDIX C

STATE OF MARYLAND
DEPARTMENT OF NATURAL RESOURCES
WATER RESOURCES ADMINSTRATION

ORDER ESTABLISHING WETLAND BOUNDARIES
AND RULES AND REGULATIONS
FOR COUNTY, MARYLAND

The Secretary of Natural Resources, acting pursuant to Sections
718 through 731 of Article 66C of the Annotated Code of Maryland, for
the purpose of promoting the public safety, health and welfare and
protecting public and private property, wildlife and marine fisheries ,
hereby adopts this order establishing the landward boundaries of
wetlands in this county, as delineated on maps entitled "Wetlands
Boundaries", which are listed and are recorded herewith together with
the rules and regulations governing dredging, filling, removing,,
altering orpolluting said wetlands in said county.

Section I: Definitions

For the purpose of this Order and the Rules and Regulations
thereto:

A. "State wetlands" means all land under the navigable waters
of the State below the mean high tide, which is affected
by the regular rise and fall of the tide. Such wetlands,
which have been transferred by the State by a valid grant,
lease or patent or a grant confirmed by Article 5 of the
Declaration of Rights of the Constitution of Maryland,
shall be considered "private wetland" to the extent of
the interest so transferred.

B. "Private wetlands" means all lands not considered "State
wetlands" bordering on or lying beneath tidal waters, which
are subject to regular or periodic tidal action and which
support aquatic growth. These include wetlands which have
been transferred by the State by a valid grant-, lease or
patent, or a grant confirmed by Article 5 of the Declaration
of Rights of the Constitution of Maryland, to the.extent of
the interest so transferred.

C. "Dredging" means the removal or displaceqment by any means
of soil, sand, gravel, shells or other materiai, whether
OIL intrinsic value or not, from State or private wetlands
affected by the regular ebb and flow of the tide.

"Filliq" means either the displacement of navigable waters
D.
by the deposition into wetlands either by the navigable waters
and flow of the tide of. soil, sand, gravel, shell or other
material; or the artificial alteration of navigable water
levels by physical structures, drainage, ditches or otherwise.

c-1

Section 1: Definitions (Continued)

E. "Person" means any natural person, partnership, joint
stock company,' unincorporated association or society,
-or the State and any.agency thereof, or municipal or
,political subdivisions or other corporation of any
character whatsoever.

F. "'Regular or periodic tidal action" means the rise and
fall of the sea that is produced by the attraction of
the sun and the moon uninfluenced by winds or other
circumstances.

G. '"Landward Boundary of Wetlands" means the common boundary
between wetlands as defined in this Section and lands not
included within the -definitions of wetlands appearing in
this Section.

Section II: General Conditions

This order and the Rules and Regulations is.sued pursuant thereto
does not@grant any property rights;.it does not authorize any person
to trespass or injure the property of another; it does not excuse any
person from complying with other applicable Federal, State, and local
laws, regulations or ordinances.

Section ITI: Authorized Uses of Private Wetlands

The following uses are permitted on private wetlands if other-
wise permitted by law:

A. 'Projects or Activities Requiring Approval of Other State or
Local Agencies of officials

.1. The construction or maintenance of agricultural drainage
ditches as approved by-the Soil Conservation District
for said county.

2. Alterations or modifications for mosquito control pur--
poses. as approved by the State entomologist.

B. iRecurring Activities

11. Trapping, hunting, fishing, shellfishing;

2. The cultivation and harvesting of shellfish, including
such reasonable excavation as normally is necess----try in
conducting such activities;

3. The culti vation arid harvesting of agricultural or
horticultural products, including grazing and haying.

C-2

Section III: Authorized Uses of Private Wetlands (Continiued)

C. Permanent Alteraion or Modification Nlot Requiring Notification
under Section V below

1. The construction and maintenance of walkways, foot
bridges, duckblinds,docks, bath houses,boat shelters,
and other similar structures, provided that said
structures are so constructed on pilings as to permit,
the unobstructed flow of the tide and preserve the
natural contour of the private wetland;

2. The excavation of a single navigation channel for small
craft passage intended for private use, provided that
the channel is not greater than sixty (60) feet in.
length, twenty (20) feet in width or three (3) feet in
depth at mean low water;

3. Construction and maintenance of tide gates designed to
prevent the encroachment of salt water into agricultural.
drainage itches.

D. Permanent Alteration or Modification Requiring Notification
under Section V below

1. Alterations or modifications which are custoiary and
normal to the conservation of soil, vegetation,water,
fish, shellfish, and wildlife;

2 Making improvements necessary to preserve access to
navigable waters or to protect private wetlands against
erosion; provided that any improvement authorized under
this Section (2). involving either the dredging or filling,
of State wetlands shall not proceed unless a license for
filling or dredging such wetlands issued by the Board
of Public Works under the provisions of Section 721,
Article 66C of the Annotated Code of Maryland;

3. The installation and maintenance of underground utilities
provided that the surface of the wetland is restored
substantially to its original condition.

Section IV: Uses and Activities Prohibited on Private wetlands
Without a Permit

Except where otherwise authorized in Setion III above or sub-
sequent to a permit issued pursuant to Section VI herein:

A, No person shall fill, place, dump or discharge on the.
wetlands concompassedn this Order any loam, peat, sand,
gravel, soil, or other similar substance;' or arty trash,
garbage, debris, junk, or other Polluting substance.

C-3

Section IV: Uses and Activities Prohibited on Private Wetlands
Without d Permit (Co-nt-i-nued-)

B. No person shall drain, excavate or dredge the wetlands
encompassed by this order, or remove therefrom loam, peat,
sand, gravel, soil, or other similar substance.

C. No person shall perform any act or use the wetlands encom-
passed in this Order in-a manner which would destroy the
natural vegetation, substantially alter existing patte-rns
of tidal flow, or otherwise alter or permit the alteration
of the natural and beneficial character of such wetland.
Section,V: Notification of Intent or Application for Permit and/or
License to dredge, fill, remove, or otherwise alter
state or private wetlands

Except for the activities authorized under Section III A, D, or
C, no person shall dredge, fill, remove or othe 'rwise alter.any pri-
vate wet-lands in this county without first informing the Secretary
and receiving approval or permit as applicable. A single form as
prescribed by the Secretary shall serve either as Notifica 'tion of
Intent or Application for Permit ahd/ot License. The form shall be
submitt6d by mail or in person.

A. NOTIFICATION of Intent

The form shall serve as the Notification prescribed in
Section III D for activities not requiring permit and/or
license. The proposed activity specified in the form
may proceed upon advice from the Secretary.

B. APPLICATION for Permit and/ot License

The form shall also serve as the Application for permit
to conduct an activity on private wetland not permitted
in Section III above, and for license to conduct any
activity on state wetlands.

within thirty (30) days after receipt of the completed form,
NOTIFICATION of Intent.or APPLICATION for Permit and/or License, the
Secretary shall infonn the person filing such fo 'rm by mail whether
the proposed activity may proceed or whether it shall require a pri.-
vate wetlands permit from the Departnient of Natural Resources. In
the case of an aclCivity affecting State wetlands, the Secretary shall
inform tbe person of the extent of State wetlands involved and shall
indicate the requirenionts to obtain a license from the Board of
Public Works.

C-4

Section VI: Permits

Following the procedures set forth in Section 726 of Article
66C, of the Annotated Code of Maryland, including due notice and a
public hearing in this county, the Secretary shall grant, deny, or
limit a permit for the proposed work within thirty (30).days
following completion of the hearing record.

Where the proposed activity involves the requirement for both
a state wetlands license from the Board of Public Works and a pri-
vate permit from the Secretary of Natural Resources, a joint public
hearing may be held.

in granting, denying, or limiting any permit, the Secretary or
his duly designated hearing officer shall consider the effect of the
proposed work with reference to the public health and welfare, marine
fisheries, shellfisheries, wildlife, economic benefits, the protection
of life and property from flood, hurricane and other natural disasters,
and the public policy set forth in the law. In granting a permit the
Secretary may limit or impose conditions or limitations designed to
carry out the public policy set forth in the law.
App eal by the applicant or the appropriate county or municipality
from the Departmental decision shall be taken in accordance with the
provisions of Article 41, Section 1p of the Code and the Rules of the
Board of Review of the Department of Natural Resources.

Any person aggrieved by a decision of the Board of Review made
in response to an appeal for any decision taken under the private wet-
lands section of the wetlands act, may appeal such decision in the
circuit court of this county. The court shall hear the case de novo

and the proceedings shall be a jury-trial at the request of either
party.

Section VII: Appeal-of Order and Rules and Regulations;

Any person aggrieved by this order and the Rules and Regulations
issued pursuant thereto who has a recorded interest in any portion of
the lands so affected:, may seek review by the Secretary of the Depart-
ment of Natural Resources or any department or agency thereof, pursant
to Section 237 of Article 41 of the Annotated Code of Maryland. The
complainant shall file a first request for review within thirty (30)
days after the decision complained of, or, in the case of a failure to
act within thirty (30) days aft written request from the complaint

to the official or body having the authority to act. The complaintant
shall file a complaint. for further review within sixty (60) days; after
filing the first request for review as required by said Section 237.

Appeals to the Board of Review shall be filled with the, Secretary

to the Board within thiryt (30) days after the complainant has been
sent a copy of the decision on the complaint as provided for in Section
237 (1) of Article 41. In the event that no decision on the complaint

C-5

Section VII: Appeal of OrdE!r and Rules and Requlations (Continued)
has been sent to the complainant within the time prescribed by said
Section 237(l), an appeal may be filed with the Board of Reviel",
within thirty (30) days from the time the decision should have bccn
made pursuant to Section 237(l). The Board for good cause shown
may extend the time within which appeal must-be filed, provided that
a motion for such extension is filed with the Secretary to the Board
within thirty (30) days from the time filing of appeal is required
by this Section.

Persons aggrieved from the decision -of the Board of Review may
within' thirty (30) days after receiving notice thereof petition the
Circui It Court in this county to determine whether such rules or
regulations are confiscatory and therefore an unreasonable exercise
of the police power. The court shall hear'the case de novo and the
proce6 !dings shall be a jury trial at the request of either party.

Section VIII: appeals of Secretary of Natural Resources Determination
Eegarding the Extent of State Wetlzinds Involved in an
Application for an Activity Not Permitted by Rules and
Regulations

Under the provisions of Section 726 of Article 66C of the Anno-
tated,Code of Maryland, any applicant aggrieved by a deteraLination of
the Secret@iry of Natural Resources regarding the extent of State wet-
landsinvolved in the proposed activity by @irtue of a claim that a
part O!f the area designated State wetlands is private because of the
existence of a valid grant, lease or patent or a.grant confirmed by
Article 5 of the Declaration of Rights of the Constitution of Maryland,
s 11 a ll file a written objection to the Secretary's. determination -thirty
(3b) d ays after notice of the same.- The Secretary shall. institute a
proceeding in the appropriate court in order to place in issue the
questi,bn as to the efficacy and validity of the aforesaid claims by
the applicant. The State sha'Ll bear the cost of such proceeding.

Section@ IX: Penalties

Under -the provisions of Section 730 of Article 66C of the Anno-
tated Code of M aryland, any person violating the Rules, and Regulations,
VaJ4
id,ly prornulgatod by the Secretary shall be punished by a fine of'
not mor'c than one hundred dollars ($100.00) or imprisonment. for not
more than one (1) month, or both. Any person knowingly violating SLIch
Rules and Regulations may also become liable to the State for restoring
any af.Lected wetlands to its condition prior to such violation.

C-6

APPENDIX D

POLICY GUIDELINES FOR IMPLENMENTATION OF THE MARYLAND WETLANDS LAW

Purpose

To implement the public policy of the State to preserve its tidal wetlands
and prevent their despoliation and destruction by unregulated dredging, dumping,
filling and like activities 2 the Wetlands Permit Section uses the policy
guidelines outlined below in the review and approval of these activitiias for'
State wetlands,and Private wetlands in Maryland. Included are policy @,uidelines
for recommendations of the Department of Natural Resources or, all applications
for Federal permits for any construction in.the navigable waters of the Sta-te..

Regarding State wetlands, the purpose of the guidelines is to safeguard
the public interest in protecting those natural resources that are in State
ownership. Alteration of.State wetlands is authorized only when such alteratic)n
cloarly serves the overall public interest, t 'aking into account the affects upon
the varying ecological, economic, developmental, recreational and aesthetic
-values of such wetlands.

Regarding Private wetlands, the purpose of the guidelines is to permit
reasonable use b-y the owner if such use is carried out under the conditions of
the permit, and in accordance with the regulations where appl#able, to protect the
natural resource values in both the Private wetlands and the State wetlands.

The purpose of the guidelines corxcerned with the recommendations on
applications for Federal permits is to provide a basis for objective comment.
on each application that reflects.the effect of the proposed construction, or
the use of the facility after completion, upon public access and use and the effect
upon the water quality of the surrounding area.

General Requirements of the Wetlands-Act

The dredging or filling of "State Wetlands", as defined by the Wetlands Act,
to preserve access from riparian land to navigable water or to protect the shore
from erosion requires the issuance of a license from the State Board of PuWA.c
Worl-,s (An exception is the submerged lands under valid grant-or patent, which are
Private wetlands). Dredging or filling in "Private Wetlands", as defined by the
Act, requires a permit from the Water Resources Administration except in those
cases specifically noted as exemptions (See "Order Establishing Wetland Boundaries
and Rules and Regulations, Section III C).

Mapu delineating themupland boundary of tidal wetlands for each county
are available at the county seat of each county in the tidewater region, and
at the Wetlands Permit Section of the Water Resources Administration. @%Jiy
landowner proposing to dredge or fill within the area.'of Private or State
wetlands should consult.with the Water Resources Administration on the procedure
for obtaining a permit or license. A Federal permit is also required for such
work within navigable waters. The landowner must apply to the Baltiraor@:i Distr:@ct,
Corps of Engineers, U.S. Army, for a Federal permit. Concurrent applicati.01). 'is
recommended.

The following outlines when a license or permit is required.

A State wetlands license must be obtained before any person starts any
dredging or filling wi in State wetlands, except for

a. dredging of seafood products by licensed operators
b. harvesting of seaweed
c. mosquito control and abatement work approved by the Maryland Department'
of Agriculture
d. improvement of wildlife habitat approved by the Department of Natural
Resources
6. maintenance of agricultural drainage ditches approved by appropriate
Soil Conservation District. Construction of new drainage ditches
within State wetlands requires a State wetlands license.

(2) Any dredging or filling in the .area landward of the mean high waterline to
the limit of tidal influence and supporting aquatic vegetation (termed
Private wetlands) may require, depending upon the nature of the work,
Notification, to the Secretary of Natural Resources or a Private wetlands permit,

The Secretary of Natural Resources has promulgated regulations concerning
dredging, filling, removing or otherwise altering Private wetlands. Tile
regulations do not grant any property rights, nor do they authorize any
krson to trespass upon or injure the property of another, nor do they
6xcuse any person from complyingwith other applicable Federal, State, and
local laws, regulations, or ordinances.

(3) Authorized Uses of Private Wetlands

The following uses do not require a Private wetlands permit and are
permitted on Private wetlands if otherwise permitted by law:

a. Projects or activities requiring approval of other state or local
agencies of officials

1) The maintenance of agricultural drainage ditches as approved
by the appropriate Soil Conservation Dist rict.
2) Alterations or modifications for mosquito control purposes as
approved by the Maryland Department of Agriculture.

b. Recurring activities

1) Trapping, hunting, fishing and shellfishing.
2) The cultivation and harvesting of shellfish, including such
reasonable excavation in Private wetlands as normally is necessary
in conducting such activities.
3) The cultivation and harvesting of agricultural or horticultural
products, including grazing and haying.

D-2

c. Permanent alteration or modification not requiring Notification

1) The construction and maintenance of walkways, foot bridges,
duckblinds, docks, boathouses, boat shelters, and other
similarstructures, provided that said structures are so
constructed on pilings as to permit the unobstructed flow of
the tide and preserve the natural contour of the private wetland;
2) Construction and maintenance of tide gates designed to prevent
the encroachment of salt water into agricult 'ural drainage ditches;
3) The repair and maintenance of earthen dikes.abo.ut a single
residential dwelling, provided that such work does not involve
the extension or increase in dimension of the existing dike.

d. Permanent alteration or modification requiring Notification

The Water Resources Administration'is to be notified in writing
before any person starts to dredge, fill or otherwise alter Private
wetlands in any county to'carry out any of the following work:

1) Alterations or modifications which are customary and permitted
by existing regulations for the conservation of soil, vegetation,
water, f isb, shellf ish, and wildlif e, including f ur-bearing animals.;
2) Making improvements necessary to preserve access to navigable waters,
or to protect Private wetlands against erosion; provided that ally
.improvement authorized involving either the dredging or filling of
State wetlands may not proceed unless a license for filling or
dredging has been issued by the State Board of Public Works under
the provisions of Title 9, Natural Resources Article of the
Annotated Code of Maryland;.
3) I'he installation and maintenance of underground utilities, provIded
that the surface of the wetland is restored.substantially to its
original condition..
C,

(4) Uses and Activities Prohibited on Private Wetlands Without a Permit

The following types of work may not be done except under the-conditions
of a Private we@tlands permit-

a. No person may fill, place, dump, or discharge on. the Private wetlands
any loam, peat, sand, gravel, sail, or other similar substance; or any
trash, garbage, debris, junk, or other polluting substance.

b. No person may drain, excavate or@dredge the Private wetlands :or remove
therefrom loam peat, sand, gravel,
soil, or other similar substance.

c. No person may perform any act or use Private wetlands in a mariner- which
would destroy the natural vegetat ion, substantially alter existing
patterns of tidal flow, or otherwise alter or permit the alteration
of the natural and beneficial character of such wetland.

D-3

(5) Notification of Intent or Application for Permit and/or License to dredge,
fill,remove, or:otherwise alter State or Private wetlands

Except for the activites authorized under Section (3)a,b, or c, a
person may not dredge, fill, remove:or otherwise alter any Private wetlaTLds
in any county without first informing the Water Resources Administratioa
and@receiving approval or permit as applicable. A single form as
prescribed by the Water Resources Administration shall serve either as
Notification of Intent or Application for Permit and/or License.

a. NOTIFICATION of Intent

The form shall serve as the Notification prescribed in
Section (3)d for activities not requiring permit and/or
license. The proposed activity specified in the form may
proceed.upon advice from the Water Resources Administration.

b. 'APPLICATION for Permit and/or License

The form shall also serve as the Application for permit
to conduct an activity on private wetland not permitted in
Section (4) above, and for license to conduct any activity
on State wetlands.

Policy Guidelines for Evaluatin&_Applications

Dredging of Channels for Reasonable Riparian Access

The public policy of, the State is to preserve the wetlands while providing
for thexights of the riparian land owner for his access to navigable waters.
Sections 9-202 and 9-306 describe procedures for obtaining state permission
for making permanent changes to the wetlands in order to construct some
artificial means for obtaining such access. The intent of the Act is carried
out by the use of the following policy criteria in evaluating project plants
submitted for recommeudations or approval:

(1) In cases where reasonable access for a riparian property owner
can be provided directly from fast land, such an alternative shall
be taken as opposed to the creation of a channel through the
vegetated wetlands or filling for access.

(2) In those cases where access is to be provided to a subdivision or
other multi-home development or community, creation of one common
access channel or pier is encouraged; thus, a centralized boating
facility is preferable. In the cas.e.of isolated single family &@,ellings
a pier from fast land to open water shall normally fulfill the r1l.ght
of reasonable riparian access.

(3) The ownership of.land bordering upon tidal waters does not carry
with it the right to extend boat access inland by means. of
artifical channels.

D-4

(4) Canals, channels, ponds or lagoons inay not be excavateO, without
the plaris also being approved by the appropriate Soil Conservation
District. As there are only a few types of usch excavations that
do aot by law require a wetlands permit from the Department of
Natural Resources, the Soil Conservation District is asked to
verify the existence of such permit prior to their approval of the
Sediment Control.Plan. Ponds or other excavations within 100 feet
of an existing shoreline might not be approved by the Soil
Conservation Districts without the written approval of the Water
Resources Administration.

(5) The authorization by the-state for any person to dredge a
navigation channel through wetlands is coordinated to the maximum
possible extent with the approval of such work by federal and local
agencies.

,onstruction of Shore Erosion Protection Work

The owner of land bounding on navigable or tidal waters is entitled to
protect his shore against erosion as described in Title 9 of-the Natural
Resources Articla. To ensure this right, the Water Resources Administration
uses the following criteria to review proposed projects in carrying out the state
policy to preserve the wetlands while allowing the exercise of the right of
a riparian owner to protect his shore against erosion.

(6) The construction of bulkheads or other shore protection measures
shall include only such filling as necessary for effective use
of such -.,ieasures and shall generally be located at the mean high,
water line or no further channelward than needed for proper tie-back
emplacement, or in cases of a steep bank or cliff, no further
channelward than needed to obtain a stable slope.

(7) Where shore protection is needed and a marsh exists in front of an
applicant's land,, thIe sl iore protection structure shall be placed
behind the marsh or low profile.protection (preferably riprap) placed
cbannelward of the 'marsh so that normal tidal flowinto the mars.h
will be maintained.

(8) Bulkheads shall be constructed with adequate returns to fastland or
connected to adjacent sh6re-erosion control structures, as may be
applicab.'.I.e.

(9) Because of their possible detrimental effect, shoreline protective
structures irLay not be approved or recommended for approval in the
foil-lowing cases, except where there.is no alternative means to
achieve a necessary public benefit whose need significantly outupighs
the harm done by the proposed work:

a. Marshland will be. filled or otherwise destroyed.
b. Surface drainage channels will be filled or occluded.
c. Navigation will be adversely affected.
d. Unique or rare and endangered flora or fauna will be affected.
e. I-M,6ortant historical or archeological sites will be adversely affectcc!.
f. Pri "vate oyster leases or natural oyster bars in. adjacent ope.-n'waters
be affected.

D-5

(10) The provision of shoreline protection is encouraged in locations
subject to severe erosion where conditions described in
(9) above do not.apply, In the review of such projects in loca-6ions
determined by @4aryland Geological Survey (where 'applicable) to have
documented erosion, the Water Resources Administration recomzends -@UcJL
protective works to be constructed in such way to have the minimum
adverse effect upon the ecological, economic, hydrological,
aesthetic, historical, and recreational values in the area.

(11!) Permits or licenses may not be granted for shore protective structures or
filling unless adequate provision is made for drainage from inlaad
areas. The construction of bulkheads and other protective structures
across wetland areas shall provide only such filling as is necessary
for the effective operation of the shore protection work and shall not
be used for the creation of fast land from wetlands except in those
cases where the proposed activity is water dependent and the filling
r
omplies with:other pertinent policy in these guidelines.

(12) Dredging for fill. to be used for the efficient operation of shore P-rosiou
control work is allowed only where access tc deposit land source
material is not feasible or costs are excessive and it is determined
not to have an extended or permanent adverse ciivironmental.impact.
Dredging seaward of an existing bulkhead will alter the graduated
bottom depth that helps dissipate wave energy. If dredging is used
for fill, adequate compensation may be required by the state for
this material. An example of@cases where dredging to-obtain
backfill material may be permitted is where:

a. A steep bank or cliff exists and the nearshor- water depths are
shallow which makes trucking-in or barging-in fill material infeasib e.

b. Large trees or buildings prevent trucking-in fill
material.

In both a and b above, however, if grading is to be done, trucking-in.
fill material usually becores feasible. The fact that dredged
material may be less expensive than trucked.-in fill is not a major
factor.

(13) The shore protection measures used must satisfy the following crin_.ria
regarding quality and performance:

a., UFhen site conditions permit the use of a sloping bank stabilizi@d
with vegetation, with or without riprap, this method should be
encouraged.as an economical solution while preserving thvi
natural conditions.

b Junk metal, tires, tree stumps and logs or othur material
that does not contain, and will. not create pollutat-its, not
placed as an interlocking structure shall not be used as part
of any shore protection measures.

C. If jetties or groins are used, they must be designed aL R
minimum length and height to serve the purpose intended and
only placed in a location not harmful to navigation or to the
land of nearby land owners and the general public. The Water
A
Resources Administration requests a determination from th@--_-
Maryland GeologicaliSurvey on such works. Such work shall be
approved only if it does not interfere with public access,-
create adverse sand transportation patterns or adversely disturb
the aquatic ecosystem.

d. The approval by the Water Resources Administration of any shore
protection measures does not consti
tute state certificat4on of
the adequacy of the fixed structures for the particular circum-
stances, or for any specified time period.

Other Construction Within Wetlands

To carry out the state policy in providing for the preservation of the
wetlands as stated in Section 9-102, Natural Resources Article, the following
C@
criteria are used by this Administration in evaluating proposed construction
within wetland areas and for preparing appropriate recommendations upon such
projects. The preceding criteria deal with provision of access to navigable
waters and with shore erosion protection. The following criteria deal with
other activities as noted below.

(14) The general policy is to allow dredging and filling only for those
water-dependent activities on State or Private wetlands which are
of such,nature that they must be along theshoreline or in Che
wetlands in order to function. Wherever- possible construction ahall
.occur on fast land instead of involving the.filling of wetlands.

An example 6'f a water-dependent facility is a boat facility
which must be along a shoreline and could not function in an
area away from the shore.

Some examples, but not an all-inclusive list, of structurps,
facilities and activities that generally are not appropriate uses
of wetlands are:

Restaurants and businesses
Residences, apartments, motels, hotels, trailor parks
Parking lots and offices
Spoil and dump sites
Lagoons for sewage or industrial waste
Industries and factories
Storage areas for small boats
Recreational areas requiring filling above tide level such
athletic fields, parking, picnic area.

D-7

(15) The applicant shall clearly demonstrate that any proposed work
which involves alteration or destruction of wetland areas is
water-dependent and that there is no alternative upland site
available and that the best public interest is served by this
facility meeting a specific need clearly defined by the applicant.

(16) No dredging of private wetlands to obtain fill shall be permitted,
except where there is no alternative.means to achieve a necessary
public benefit.
W I All activites allowed on State or Private wetlands shall be
undertaken in such a manner as to minimize adverse environmental
effects.

(18)' It is the general policy of the state not to allow the filling
of State wetlands for the purpose of creating fast land.

(1.9): In those cases where the best public interest justifies approval
of the work, such projects involving the filling of Private or State
wetlands including those involving the creation of fast land, approval
of such project may be considered if the following conditions are
satisfied:

a. The project cannot feasibly be undertaken on aii.adjacent
or nearby fast land location.
b*. It is not feasible to provide the service the project is
intended to provide by an alternative means riot involving
the filling of wetlands.

C. The creation of fast land shall occur only in. those areas
adjoining existing fast lands.

d. No significant ecologically productive -submerged wetlands,
such as major finfish and shellfish spawning and habitat areas,
shall be destroyed.

C. Fill utilized for the creation of fast land shall be obtained
from a land-based source and not dredged from adjacent Private
or State wetlands.

f. The creation of fast land shall not obstruct navigational
channels, adversely affect the public's use of the waters
of the state including the,public's right to navigation and
fisheries, significantly affect major current patterns, or
significantly alter the existing contour of the shoreline.

D-8

g. In all projects involving the filling of State wetlands,
compensation for fast land created in the public dorain shall
.generally be provided to the State in an amount determined 'by
the*State Board of Public Works.

(20) Title 9, Natural Resources Article, requires that in granting, denying
or liMiting any permit, the Department of Natural Resources shall
consider the effect of the proposed work with reference to Lhe public
health and welfare, marine fisheries, shellfisheries, wildlife,
economic benefits, the protection of life and property from flood,,
hurricane and other natural disasters, and the public policy set
forth in Section 9-102 of that Article. In granting a permit or
license, limitations or conditions may be imposed to carry out this
public policy.

(21) The policy regarding approval of earthen dikes for the protection
of structures constructed in Private wetlands is as follows:

a. The repair and maintenance of earthen dikes in Private wetlands
are considered as works not requiring notification [Requirements
of the Wetlands Act, 3(c)], provided that such work does not
involve the extension or increase in dimension of an existing Clike.
The latter is considered under 3(d) or 4 of the Requirements,
requiring notification and/or permit, depending upon the nature
and magnitude of the work.

b. The construction of earthen dikes in Private wetlands about a
single residential dwelling which is subject to encroachment
by tidal:waters, is considered under Requirement 3(d), as works
requiring notification.

c. The construction of earthen dikes in Private wetlands about any
structure, other than single residential dwelling, which is or
may be subject to encroachment by tidal waters is considered
under Requirement 4, as-works requiring permit.

d. Favorable consideration is given to the construction
of such earthen dikes as may be deemed reasonable to meet the
state purpose and which will be of minimal adverse on adjoin-ing
wetlands.

D-9

(22) The policy with respect to road construction in or invol.ving Pr-Lv;.:l .Le
wetlands for timbering operations is to minimize adver@;e environli-, ental
impact with due consideration for the public and private benefits that
may be derived from that industry. Such road construction for
this purpose is that access required for the harvesting of ten (10)
or more acres of forest to which reasonable direct access cannot be
made available from fast land. The Department of 'Natural Resources
gives favorable consideration to the construction of such access,
temporary or permanent,,preferably the former, under the following
conditions:

a. That the placement of the road is for the least distance across
wetlands and tidal guts that is necessary to make the operation
economically feasible; and recognizing property rights involved.
b. That temporary road construction will be encouraged.to the extent
practicable, with such construction to consist of a roadbed no
more than twenty (20) feet in width and an elevation no more thar,
one (1) foot above adjacent wetlands and be built of excavated
marsh or clean inorganic earth fill. While land source-fill is
preferable, excavation of adjacent marsh on either side, for a
su'rface width of eight (8) feet and to no greater depth than
three (3) feet below marsh surface is acceptable.

c. That permanent road construction will be permitted vhere the
nature of the particular operation, including continued use,for
access to adjoining harvest areas, would make this envir
onmerit.' ally
and economically more feasbile. This road construction may bE.
for a roadbed no.more than thirty (30) feet in width with elevati@
no more than three (3) feet above adjacent vetlandG' and composed
of excavated marsh. The excavation of adjacent marsh for a surfilce
width of ten (10) feet and no more than five.(5) feet in depth
on either side of the roadbed is acceptable. The installation of
culverts may be required to adequately handle flushing and.
drainage of the wetland areas affected bythe construction. The
crossing of natural streams shall be by piered structures.

d. The temporary roads are those that are within the above described
parameters, and will be used for no longer period than six (6)
months, and for which provision will be made to remove any section
of the roadbed that has temporarily closed any natural tidal gut
so as to restore normal tidal- flow when harvesting is complete'd.

.e. The permanent roads are'those that are within the above describe-d
parameters and for which periodic maintenance is to be provided
to insure the.continued operability of any culverts and drainage
ditches incorporated.

D-10

f The Department of Natural Resources recognizes that while
temporary roads, as defined above, may be operationally
of limited duration, the effect of the worlrs constitute
a more permanent.alteration of Private wetlands. Accurdin."Iy,
such proposed works require a permit. Proposals for permanent
road construction, or for those temporary or permanent roads
for access to less than or more than ten (10) acres of
harvestable timber also require a permit.

(23) The policy with respect.to the construction of ditches and sumps in
Private wetlands for the purpose of allowing water to flow to fast
land to be used for irrigation, is to permit the construction of
such ditches within the following guidelines:

a. That the placement of the ditch is for the least possible
distance across wetlands to allow a sufficient supply of water
for irrigation purposes.

That the ditch be limited to four (4) feet in surface width and
three (3) feet in depth at mean low tide.

c. That the sump adjacent to fast land be limited to a maximum
surface area of 100 square feet and maximum depth of six (6) feet.

d. That spoil from such ditches be placed on either side within five
(5) feet and in piles interrupted every 20 feet for a distance of
five (5) feet, so as to permit the flow of water in the wetlands.

e. That the spoil from the sump be Dlaced on fast land orwithin ten
(10) feet'of.the sump if in wetLnds.

f. The construction of irrigation ditches and sumps within these
parameters is considered as permanent alteration not requiring
notification or permit [Requirement 4(c)]. The construction
of irrigation ditches and sumps not within each of the
aforementioned parameters shall require notification and/or
permit as the particular circumstances and,magnitude of the works
may dictate.

(24) The policy with respect to drainage ditches for mosquito control. or
agricultural drainage is to allow the construction or maintenance
of such ditches when approved by.the TLaryland Department of Agriculture,
and by the appropriate Soil Conservation District. Such work shall
be in accordance with the following guidelines. This policy is to
allow such ditches for the purpose of draining agricultural and
related rural lands. All work shall be inaccordance with drainage
practice standards and specifications of the United States Soil.
Conservation Service and shall conform to the followin@, guidelines:

D-11

a. Ditches shall extend onto private wetlands for the least
distance required to insure an outlet for adjacent lands,
and shall follow the alignment having the least disturbance
to wetlands.

b. Ditches in Private wetlands shall be sized according to goud
agricultural drainage practice and in no case shall exceed the
following maximum size limitations:

1) Top width -- 14 feet
2) Depth -- 4 feet
3) Side Slopes - I to 1

c. The spoil from such ditches shall be placed either:

1) wherever possible on fast land; or
2) in piles interrupted every twenty (20) feet for a
distance of five (5) feet so as to permit the flow
of water in wetlands; or
3) in continuous rows with tide gates at intervals to
allow water movement in wetlands, if diking is needed
to protect uplands from tidal flooding.

d. The fringe of natural vegetation at least 8 feet wide bordering
both sides of the ditch shall be left intact as a filter strip
without being disturbed or covered by spoil.

e. Where appropriate, revegetate spoil. areas by either:

1) Stripping, stockpilingand placiiig original vegetation on
spoil area surfaces; or
2) Plant and/or seed to species suited to local soils and
salinity conditions.

Review of Applications for Federal Permits

Coordination with Federal Agencies

The Department of the Army, acting through the Corps of Engineers is
re'sponsible for administration of federal laws requiring permits for any
structure or work in or affecting navigable waters of the United States, the
discharge of dredged material into such waters, or the transportation of
dredged traterial for the purpose of dumping it into ocean waters. The policy,
practice and procedure for this is described in the regulation 209.120 of the
Corps of Engineers, U.S. Army, effective July 25, 1975. That regulation describes'
the authorization needed to comply with federal law for all structures and
work except for the work Pertaining to bridges and causeways, which
authorization is administered by the U.S. Coast Guard under the Secretary of
Transportation. The Baltimore District, Corps of Engineers, U.S. Army',.and
the Fifth Coast Guard District, Corps of Engineers, U.S.,-Army, and
offices for their respective agencies responsible for work within the
navisable waters in Maryland.

n-12

The Water Resources Administration of the Maryland Department of
Natural Resources is responsible for reviewing all applications for federal
pe't-wits and coordinate the comments of other state agencies into a si.n1c".1e
resporise as the official cominen.t and from thct 'StaLe of"
Maryland on each perinit application. The following pages describe OIL,,,-
process of coordination and establishes the policy of the State in
commenting upon work proposed within navigable waters. - A part of this
process is to notify persons that work involving dredging and fillinv within
the tidal waters requires a permit or license from the State in addition to J
the federal permit.

A major step in coordination of activities was the signing of a
Memorandum of Agreement between the Maryland Department of Natural Resources
and the Baltimore District of the Corps of Engineers to jointly process and
evaluate non-routine (major) project applications for Department of Army permits
and State permits. This agreement provides a more efficient and effective
permit program by avoiding duplication of effort, rea-iizing economics in
administration by the respective agencies, and eliminating unnecessary delays
in processing applications. The Agreement applies only to projects in tid'al
waters and their adjacent wetlands referenced as Phase I in the revised
Department of the Army 404 regulation (Federal Water Pollution Control Act-,
P.L. 92-500). Subsequent modifications to the Agreement-will address Phases
II.and III as necessary.

The Corps of Engineers or the U.S. Coast Guard (in the case of brid-e
construction) issues a public notice on each application for a federalpermit.
Such notification includes a description of the proposed work and requests
comments on the effect of the proposed activity upon factors affecting the
public intere.,:t.

Water Quality Certificate

Under Section 401 of the Federal Water Pollution Control Act (P.L. 92--500;
86 Stat. 816, 33 USC 1411), any applicant for a federal permit to conduct an
activity which may result in a discharge into navigable waters is required to
obtain a certification from the State that the discharge will comply with the
applicable water quality standards. The certification also pertains to the
subsequent operation of the facility.

In cases where the Corps of Engineers or U.S. Coast.Guard has staLed that
a water quality certificate is required, the Water Resources Administration issue!;
or denies the water quality certificate, or places certain conditions on the
actLvity. Even in public notices that do not state that..a water quality
certificate is required, but it is felt that the construction or use of the facility
will create a discharge to the waters of the State, the Water Resources
Administration reviews the proposed activity and issues or denies the water
quality certificate, providing appropriate recommendations to the Corps of
Engineers to implement water quality protection measures. The Adwiiiistrati(yr-

D-13

may solicit comments from interested parties and may schedule a.public hearing
on the project.

Failure to comply with the conditions of the Water Quality Certificate
constitutes reason for cancellation of certification and legal proceedings
may be instituted against the applicant in accordance with Section 8-1401
through 8-l501 inclusivE@of the Natural Resources Article, Annotated Code
of Maryland (1974 Volume). In granting the Water Quality Certificate, the
Water Resources Administration reserves the right to inspect at any time the
operations and records regarding the project.

The evaluation of the proposed work for the purpose of preparing a warer
quality certificate is started promptly upon receipt of the public notice.
Where a State Wetlands license or Private Wetlands permit is required,
recommendations for the issuance or denial of the license.or permit include
the evaluaiion regarding the water quality certificate. This evaluation
utilizes the existing information on water quality, supple.mented by environmental
information' requested from the applicant and other water quality data gathered
in the field when considered necessary by the Water Resources Administration.

Policy Guidelines for the Review of Federal Permit Applications Requiring a
I
'Water Quality Certificate or other State Approval

Recol*endations on applications and the action taken on the issuance or
denial of water quality certificates is done in accordance with the polley
criteria de@scribed below.

Compliance with water quality standards

a. Water quality certificates for dredging and filling within
State or Private wetlands are issued only after the application
for the State wetlands license or Private wetlands permit has
been recommended for approval by the Water Resources Administration
and is in accordance with theconditions of the license or permit.

b.@ Applications for federal permits to cons truct, repair or make
improvements to a marina with a capacity of more than four boats
requires a water quality certificate. Applications for federal permits
if no boat facilities are provided or for a boat facility providing
for four or les s.boats does not require a water quality I.
certificate:if one is not called for by the Corps of Engineers.

D-14

c. A Water Quality Certificate for the construction or
enlargement of a marina for a capacity more than four boats
is based upon consideration of the following factors:

1) Facilities shall be provided for proper disposal
on land outside the wetlands area for sanitary sewage,
industrial discharges-and solid waste.

2) Toilet facilities are to be located ashore as approved
@y the County Health Department to,provide toilets and
lavatories in sufficient numbers for boat occupants.

3) Grading and sediment control plans approved by the
appropriate Soil Conservation District.

4) Regulations of the marina owner requiring users of the
marina facilities to:

- Avoid use of heads while boats are in port; and
- Avoid discharge of non-degradable detergent, fuel,
grease, oi@ paint, or solid waste into water.

5) Maintenance program being carried out by marina owner to
prevent soil or other materials.from being washed into
water.

(2) Location of Boat Facilities

The Water'Resources Administration is guided by the,followitzg
criteria in reviewing the construction or:enlargement of:marinas.

a. In planning the construction of piers.for small boats,
the need for protecting safety and promoting the public
welfare governs the recommendations of the Department of
Natural Resources in the issuance or denial of a permit.
As a matter of policy, in the absence of overriding public
interest, favorable consideration is-@,given to applications
from.riparian-owners for.perwits for piers for small boats
if such piers do not create possible obstructions to the
public's use of the waterway and to the neighboring owner's
access to the waterway.

b. The facility shall be located so as not to interfere with existing
or proposed bridges, with waterrecreation areas or with commercial
fishing areas.

c. The width and depth of channels must be sufficient to permit
the safe movement of boats. In reviewing an application, one
objective is to limit the amount and frequency of expected
maintenance dredging. In terms of draft requirements,
maintenance dredging.shall be compatible with ambient depths
and channel access routes.

d. Due to better flushing and access to open water, location in
the lower portions of a tidal tributary is preferable and
encouraged over a location in the headwater areas. Sizilarly
proliferation of boating facilities within the tipper reaches
of existing artific-ial (canal) systems is discouraged.

e. A location which does not require crossing a vegetated wetland
for access to the facility is preferable to a site which -requires
such a crossing. If there is no feasible alternative to the
latter, the preferred means of crossing is a piered structure
or, if riot, a culverted causeway of minimum dimensions. The
approval of such a causeway is dependent upon such factors
as distance, the capability of the marsh to support such
a structure, and the potential adverse impact on thp rerail'inj
marsh.

f. in those cases where a marina or docking facility is to be
provided to a multi-home development orcommunity, a centralized
facility is encouraged.

(3) Non-Interference Criteria

a. Investigation is made by the Water Resources Administration to
assure.that the plans of the proposed work show that the new
facility will avoid endangering or blocking other boat traffic
traverqing the area or access to nearby piers.

b. Except in ususual locations deemed applicable by the Administration.
no structure is to extend beyond any.of the following limits:

1) Three hundred (300) feet beyond shoreline at mean high
tide, existing at time these improvements are made.

2) The near boundary of a defineable channel.

3) In the absence of a defined channel, no t more than one-third
the width of the waterway surface at mean high water, and
in no case extending into or across a natural channel
normally used by boat traffic.

C. .Where proposed construction will conflict with existing facilities,
the Water Resources Administration may recommend the limits of
construction to cause the least int.erference with such existing
or possible future construction.
d. Where existing piers do not already fix a pattern of pier location
along a portion of a shoreline, the following method is used '
for defining divisional lines between the water areas off-shore of
adjoining properties, unless otherwise established by applicable
law:

With straight shorelines. the divisional lines shall either
be the extension of the -property lines, or be lines
approximately perpendicular to the shoreline starting at
the property line.

With irregular @horelines, a base line shall be drawn
between the two-corners of each lot at the'mean high water
line and lines erected perpendicular to such base lines at
each such property corner. The angle formed between the two
perpendiculars starting at such property corner shall be
bisected and the bisectors shown as divisional lines.

Piers, mooring piles or other consLruction shall normally be confined
to the water area at least ten (10) feet away from such divisional
lines.

APPENDIX E

ACTIVITIES OCCURING IN TIDAL WETLANDS

Situation

Wetlands play a key role in Maryland's estuarine environment, provides
basic nutrients in the food chain and habitat for many fish and sild species,
helping to protect water quality, inhibit flooding and control shore erosion.

Prior to 1970, protection of Maryland's tidal wetlands was limited, and
controls over dredging and filling of wetlands were primarily based on con-
sideration of the effects of navigation rights rather than on ecological imact.
Inadequate protection resulted in the loss of an estimated 23,777 acres of wetland
area between 1942 and 1967. There is still conisiderable pressure to alter all tidal
wetlands.

Issues

This situation necessitates that state and local governments coordinate their
activities and regulatory actions, with federal government cooperation and con-
sistency, toward the objective identified in the Coastal Zone Manage ment Program:

(4) To Protect, maintain, and where feasible, rest-ore the integrity
of -the State's tidal wetlands.

investigations and regulatory procedures must consider whether or not a
proposed action:

- Actually necessitates wetlands alteration.

- Can be met through alternatives that do not involve wetland 7s alteration.

- Will have adverse iT pacts on the productivity of the wetlands; wildlife
habitat, fisheries, and shellfisheries.

- is water-depemdent.

- Creates a public benefit.

- Invoives upland activities which will directly affect the productivity
and integrity of adjacent wetlands.

Contributes to adverse cumulative effects of minor wetLands alternations.

E-1

rolicies

General

I - All vegetated tidal wetlands are Geographic Areas of Particular Conccrn.
Oiatural Resources Article, Section 9-102).

2. In granting, denying or limiting any wetlands permit or license, the
State shall consider the effect of the proposed work on the Public healtil
and welfare, marine fisheries, shellfisheries, wildlife, economi-c benefits,
the protection of life and property from flood, hurricano, and other natural
disasters, and the public policy set forth in Section 9-102 of thr-: Natural
Resources Article to protect wetlands and prevent their despoliation and
destruction. (Natural Resources Article, Section 9-202, 9-306)

3. Dredging and filling of tidal wetlands, either state or T)rivate, is
allowed only to the extent necessary to provide rieasonable riparian access,
i
to provide necessary shore erosion control, or to carry out necessary
I
water-dependent activities, the public benefit of which clear'y outweigh--s
any harm done. All activities allowed on State or Private wetlands shall be
undertaken in such a manner as to minimize adverse environmental effects.
:(Natural Resources Article, Sections 1-302, 9-102, 9-201, 9-306)

Hunting, Fishing, Trapping, Etc.

1. The dredging of seafood products by any licensed operator, harvesting of
seaweed, mosquito control and abatement as approved by the Department of
Agriculture, Improvement of wildlife habitat ap proved by the Department
of Natural Resources, and maintenance of drainage ditches approved by the
CL propriate Soil Conservation District do not require a sta-te vetlands
license. (Natural Resources Article, Section 9-202)

2. the following are lawful uses of private wetlands:

!A. Conservation of soil, vegetation, water fish,shellfish and
wildlife.

b. Trapping, fishing, and catching shellfish if otherwise legally
permitted. (Natural Resources Article Section 9-303)

E-2

Riparian 2A),ccess

The public policy of the State is to preserve wetlanOs anri protecL
water quality while providing for the riparian land owner's rigl)t of
to navigable waters. Thus,

1. Whenever reasonable access can be provided direcLly from. fast land,
creation of a channel through vegetated wetlands, filling for access,
or extending access inland with artifical channels shall Le prohibited.

2. In those cases where access is to be provided to a subdivision or
other multi-home development or community, a centralized boating
access channel or pier is preferable to multiple piers or channels.
In the case of isolated single family dwellings, a pier from fast
land to open water shall normally fulfill the right of reasonable
riparian access.

3. The ownership of land bordering upon tidal waters does.not carry
with it the automatic right to create channels to extend 0oat access-

(Natural.Resources Article, Sections 1-302, 9-102, 9-.2021, 9-306; pending
revised DNR wetlands regulations)

Shore Erosion Control

The policy of the State is to preserve wetlands while allowing the
riparian owner to exercise his right to protect his shore against documented
erosion. (Natural Resources Article, Sections 9-102, 9-201, 9-303(4)) (See
also the Section on Activities occurring in Areas U@j@r (:jjnq Significant
Shore Erosion)

Wa-ter Dependent Activities

Dredging and filling is allowed only for water-dependent activities on
State or Private wetlands, and the filling of State or private wetlands for
the purpose of creating fast land is generally considered contrary to the
public interest. Water-dependent facilities, such as boat facilities, are
those which cannot function in an area away from the shoreliiie. . Non-wat@?r
dependent facilities include (but are not limited to) restaurants and..
businesses, residerices, apartments, motels, hotels, trail.E,.Y- parks, parking lots,
offIcies, spoil arid dump sites, lagoons for sewage or industrial. wastei
industries and factories, storage areas for small boats, recrE:atiOiial@areas
requiring filling above ti.dal'level such as athletic fields, parking ar eas
and picnic areas. In those cases where the public interest justifies, approval

E-3

oF projects involving the filling of Private or State wetl'ui-,"'s,
those involving the creation of fast land, approval may be consi,lered
I
following conditions are satisfied (Natural Resources Article, Sections1-302,
1-303, 9-102, 9-202, 9-306; pending revised MIR wetlands reulations):

- The, project cannot feasibly be undertaken on an adjacent or
nearby fast land location.

- It is not feasible to provide the project's intended service
by an alternative means not involving the filling of wetlands

- The creation of fast land shall Occur only in thosp a-reas
adjoining existing fast lands.

- No ecologically productive submerged wetlands, such as finfish
and shellfish spawning and habitat areas, shall be destroyed-
No areas important for the feeding, nesting, or resting of
waterfowl or other valuable wildlife habitat shall be destroyed.

Fill utilized for the creation of fast land shall be obtainerl
from an appropriate land-based source and not dredged from

adjacent Private or state wetlands.

The creation of fast land shall not obstruct navigational channels,
adversely affect the public's use of the waters of the state,
.including the public's rightto navigation and fisheries, significantly
aifect major current patternsr or significantly alter the exist;.ng
contour o-f the shoreline.

- In all projects involving the filling of State wetlands, compensation
for fast land created in the public domain shall generallY be provided
to the State in an amount determined by the State Board of Public
Works. (See Board of Public Works v. Larmar Corp. 262 Md. 64,
277 A2d (1971))

Construction and Maintenence of Drainage Ditches

Drainage ditches for mosuito control or agricultural drainu@!e are
generally allowed if they conform to the drainage standards and sr..ecifications
0-11: the Soil Conservation Service, if they are approved by the DeF.-,.-irtment
of Agriclilture, and if they are constructed to minimize adverse eavircnmental
impacts., Construction of ditches and seeps on Private.wetlands for- the
purpose 8of allowing irrigation water to flow to fast land are 212?,@rri@ ecl
if they are constructed in a minimally disruptive manner. (Natural Resources
Article Section 1-202(d), 9-303)

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Implementation

Lead Agencies

Federal: U.S. Army Corps of Engineers

State: Water Resources Administration and Board of Public Works

Participating Agencies

Federal: U.S. Fish and Wildlife
National Marine Fisheries Service
.Environmental Protection Agency

State: Maryland Fisheries Administration
Maryland Wildlife Administration
Department of State Planning
Other state andocal agencies as relevant

Manaqement Procedures

All activities occuring on tidal wetlands except trapping, hunting, fishing,
shellfishing, the cultivating and harvesting agricultural or horticultural
products, and minor agricultural and drainage maintenance projects, are regulated
by the state wetland permits and licenses and Water Quality Certification programs.
Each proposed activity is evaluated by the Water Resources Administration in
the assistance of relevant state agencies, for its impacts on the wetlands, water
quality, wildlife habitat, fisheries, and sheqllfisheries Larger projects are
given a comprehensive review through participationof any federal, state and local
agency with a special expertise or concern. The policies noted above,are the
criteria utilized by the Wetlands Section of the Water Resources Administration in
permit decisions, and the Water Resources Administration is in the process of
formalizing them into regulations.

The final State authority on making decisions or proposed wetland projects
varies somewhat depending on whether State wetlands or private wetlands are
involved. (The term tidal wetlands is used in this document to include both
State and private wetlands.) State wetlands are defined as "all land under
the navigable waters of the State below the mean high tide, which is affected
by regular rise and fall of the tide". Private wetlands are "all lands not
considered State wetlands bordering on or lying beneath tidalwaters, which are
suspect to regular or periodic tidal action and which support aquatic growth".
in the case of projects affecting State wetlands, the final decision is made by
the Board of Public Works which is composed of the Governor, the Comptroller,
and the Treasurer. In the,case of private wetlands the Department of natural
Resources makes the final decision. In both cases, the decision is based on the.
recommendation of the Wetlands Permit Section of the Department of Natural Resources.

Whenever possible, the State's wetlands programs are coordinated with the
Corps of Engineers, Section 10 and Section 404 permit programs. To further:
coordination, the Department of Natural. Resources has established an agreement
with the U.S. Corps of Engineers to undertake, to the maximum. extent feasible,
joint site reviews and hearings on projects falling under the jurisdiction of. both
agencies. The Corps has also established general permit procedures for the use of
riprap for shore protection, the replacement of bulkheads and The installation
of piers and mooring piles. Under these procedures, their approval will automatically
be granted if specified criteria are met and the State approves the project. except
in special circumstances.

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These Permit procedures greatly reduce delays in Corps approvall
Projects, and allow special attention to be given to projcts witit,
circumstances the State participated in developing tlif. criteria, mospp
projects that meet the criteria will also receive prompt state
the State reserves the authority to disapprove projects wherevet necc!r;stry.

Coastal Zone Unp Role

88
01
84r lect Evaluation

The existing permit program generally gives adeuate protection to tidal
wetlands. In 8FY 1976 only 1.5 acres. of vegetated wetlands and 45 acres (36 acres
dredging, 9 acres filling of open waters were altered by projects permiLted by
VIP. TheCoastal Zone Unit will participate in the review of projects reuiring
the dredging or filling of a 1/4 acre or more of wetland because of the signi-
ficance of their potential impacts. (See also sections on Dredin and Filling,
Re(r ational BpAting, Marinas and Activities Occurring in Areag Under4ip
Significant shore Erosion.)

Prog,ram_R8evi ew

As described in Chapter IV,all tidal wetlands will be designated Geographic
Areas of Particular Concern, and will be protected by existing programs. In the
case of wetland areas which, due to their particular value, warrant special pro
tnction designation as State Critical Areas for preservatiur, will besouht.
These efforts will be aided by the Tidal Wetlands Study undertaken by the
Coastal. Zone Unit, which provides detailed information on wetI.In.6, vacation
types. their location, extent and value.

in addition, the Coastal Zone Unit will

1. cooperate with other State and federal agencies involved withreview
of vietland permits to establish mutually acceptable regulation criteria
C3ld expeditious permit procedures.

. Cooperate with WRA and U.S. Army Corps of Engineers. on tile establishment
of an information base for all projects undertaken in wetlands areas,
so that cumulative impact evaluations can be undertaken.

3. Cooperate with WRA and the U.S. Army Corps of Engineers to incorporate
consideration of cumulative and longterm impacts into the existing
permit processes.

4. Cooperate with local governments to modify, wherenecassary local
planning, zoning and regulatory programs to insure consistency with
State policies.

5. Encourae, in cooperation with appropriate government agencies,
the use of buffer zones between upland developments and Wetland..

6.. 8Lncourage the preservation of wetlailds through the use of
(and acuisition where appropriate).

7. Cooperate with WRA and appropriate federal agencies on the
of measures to restore presently degraded wetland; habitat
t8he monies received as compensation for the filling of statc.
is used to preserve, restore, or improve wetland areas

S. Cooperate with the State Department of Agricultute, the U.S. Department
of Agriculture, and the U.S. Fish and Wildlife Service to evaluate the
effectiveness of the Open.Marsh Water Management method of mosquito control
in the marshes of the lower Eastern Shore of,Maryland.

AUTHORITIES RELATED TO TIDAL WETLANDS

Statutory Authority Management Technique Agency

Wetlands Law Direct State Planning and DINR (WRA)
Art. NR, Title 9 Regulation

Federal Water Pollution Federal Consistency Federal: U.S.
Control Act Amendments State Water Quality Army Corps of
of 1972, Section 404 Certification Engineers
Rivers and Harbors Act State: DHMH (OEP)
of 1899,Section 10

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