COMAR Title 23 — BOARD OF PUBLIC WORKS

23.01.01 Petition for Declaratory Ruling

COMAR 23.01.01.01 Who May File.

Any interested person may file a petition with the Board of Public Works (the “Board”) with respect to the applicability of any statute pertaining to the Board or the applicability of any regulation adopted by the Board.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-304 and 10-305, Annotated Code of Maryland

COMAR 23.01.01.02 Form.

The petition shall be in writing and shall contain a detailed statement of the facts. It shall question the applicability of the State statute or regulation to these facts. The petition shall contain the name, address, and telephone number of the petitioner and a statement describing the petitioner's interest in making the request for the declaratory ruling. In addition, the petition shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true to the best of his knowledge, information, and belief.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-304 and 10-305, Annotated Code of Maryland

COMAR 23.01.01.03 Submission, Consideration, and Disposition.

The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. The Board shall consider the petition and may, in its discretion, issue the declaratory ruling requested. The Secretary to the Board shall notify the petitioner in writing of whatever action the Board may decide to take, stating the reasons for its decision. A written answer from the Secretary to the Board to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-304 and 10-305, Annotated Code of Maryland

23.01.02 Petitions for Adoption, Amendment, or Repeal of Regulations

COMAR 23.01.02.01 Who May File.

Any interested person may file a petition with the Board of Public Works for the promulgation, amendment, or repeal of any regulation under this title.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-122 and 10-123, Annotated Code of Maryland

COMAR 23.01.02.02 Form.

The petition shall state the regulation or amendment the petitioner proposes and shall refer to any existing regulation the petitioner seeks to have amended or repealed. The petition also shall include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-122 and 10-123, Annotated Code of Maryland

COMAR 23.01.02.03 Submission, Consideration, and Disposition.

The petition shall be filed with the Secretary to the Board for the Board's consideration and disposition. Within 60 days after submission, the Secretary to the Board shall notify the petitioner in writing either that the Board has denied the petition in whole or in part, stating reasons for the denial, or that it has initiated appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §§10-122 and 10-123, Annotated Code of Maryland

23.01.03 Contested Case Regulations

COMAR 23.01.03.01 Scope.

This chapter applies to hearings that the Board of Public Works is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings for which procedures are prescribed by a specific law or by other regulation.

Cross References

23.01.03.03

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative law judge” means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter.

(2) “Board” means the Board of Public Works.

(3) “Party” means the Board or any person whose rights are being adjudicated at a hearing.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.03 Delegation.

Whenever the Board is required by statute or regulation to conduct a hearing as set forth in Regulation .01 of this chapter, the Board may:

A. Hear the case; or

B. Refer the case to the Office of Administrative Hearings which shall appoint an administrative law judge who shall conduct the hearing.

Cross References

21.08.04.02D

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.04 Notice.

A. The Board or the administrative law judge shall give the parties reasonable notice of the hearing.

B. Contents of Notice. The notice shall contain a:

(1) Statement of the date, time, place, and nature of the hearing;

(2) Statement of the person's right to be represented by counsel;

(3) Statement of the legal authority and jurisdiction under which the hearing is to be held;

(4) Reference to the particular sections of statute and regulation, including rules of procedure, involved; and

(5) Short and simple statement of the matters which will be at issue at the hearing.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.05 Prehearing Conference.

A. Before the date of the hearing, a prehearing conference may be held, for which notice shall be given to all parties of the date, time, and place.

B. In the discretion of the Board or the administrative law judge, persons other than parties may attend a prehearing conference.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.06 Hearing.

A. General. The provisions of State Government Article, §§10-211—10-219, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings.

B. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Board or the administrative law judge during the prehearing conference or otherwise:

(1) Call of the case by the Board or the administrative law judge ;

(2) Opening statements by the parties;

(3) Presentation of evidence in the following order:

(a) The Board or its designee presents the basis for the Board's action or proposed action and other evidence,

(b) Parties aggrieved by the Board's action or proposed action present their objections and other evidence,

(d) Rebuttals in the same order.

C. Powers of Board or Administrative Law Judge. The Board or the administrative law judge shall have all powers necessary to these ends, including, but not limited to, the power to:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receive relevant and material evidence;

(3) Consider and rule upon all procedural and other motions appropriate to the proceedings;

(4) Examine witnesses;

(5) Maintain order, limit unduly repetitious testimony, and limit the time for presentations;

(6) Grant a continuance for good cause shown;

(7) Require parties to submit proposed findings of fact and conclusions of law;

(8) Call witnesses.

D. Rights of Party. Every party shall have the right on every genuine issue of fact to:

(1) Call witnesses and present evidence;

(2) Cross-examine every witness called by a party, the Board, or the administrative law judge or other person;

(3) Submit rebuttal evidence;

(4) Present summation and argument; and

(5) File objections, exceptions, and motions, except that if a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.07 Record and Transcript.

A. The Board or the administrative law judge shall prepare an official record of each hearing, which shall include all pleadings, exhibits, and other material filed in the proceeding, and any testimony transcribed according to §B of this regulation.

B. A stenographic record of the proceedings or other form of verbatim record acceptable to the Board shall be made at the expense of the Board. This record need not be transcribed unless requested by a party, the administrative law judge, or the Board. The cost of typewritten transcripts of proceedings, or part of proceedings, shall be paid by the party requesting the transcript.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.08 Decisions.

A. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time.

B. Proposed Decision.

(1) If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

(2) The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance.

(3) The administrative law judge shall notify the parties that within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request the opportunity to present argument to the Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board to review. References to the record other than any transcript of testimony shall be indicated as R . . . , and references to the transcript of testimony as contained in the record shall be indicated as T . . .. If a party fails to provide these specific references, the Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate.

(4) If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time.

(5) If argument is requested, the Board shall set a date for presentation of argument and shall notify the parties of the date, time, and place for argument, which shall be held within a reasonable time of the receipt of the request for oral argument.

(6) The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested.

C. All final decisions issued by the Board shall include findings of fact and conclusions of law in accordance with State Government Article, §10-221, Annotated Code of Maryland.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

COMAR 23.01.03.09 Appeal.

A party adversely affected by a final decision of the Board may obtain judicial review of the decision as provided by law.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)
Administrative History: ——————
Administrative History: Chapter revised effective January 27, 1997 (24:2 Md. R. 116)
Authority: State Government Article, §10-206, Annotated Code of Maryland

23.01.04 Access to Public Records

COMAR 23.01.04.01 Purpose.

These regulations set out procedures for filing requests with the Board of Public Works for the inspection, copying, or correction of records of the Board under the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Board of Public Works to facilitate public access to the records of the Board, when the access is allowed by law, by minimizing costs and time delays to persons requesting information.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.02 Definitions.

A. The following terms have the meanings indicated unless otherwise apparent from the context.

B. Terms Defined.

(1) “Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.

(2) “Applicant” means a person or governmental unit that asks to inspect a public record.

(3) “Board” means the Board of Public Works.

(4) “Custodian” means a person employed by the Board having personal custody and control of a public record of the Office.

(5) “Disclosable record” means a record required to be disclosed.

(6) “Official custodian” means the Secretary to the Board of Public Works.

(7) “Person in interest” means a person or governmental unit that is the subject of a public record or a designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.

(8) “Public record” means the original or copy of documentary material that is made or received by the Board in connection with the transaction of public business, regardless of its form. (For example, a card, a computerized record, correspondence, a drawing, a film or microfilm, a map, a photograph, a recording or tape is a public record.) A public record includes a document that contains the salary of an official or employee.

(9) “Working day” means a day other than Saturday, Sunday, or a State holiday.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.03 Requests for Access or Copy.

A. An applicant may request access to inspect or copy public records of the Board.

B. The applicant shall direct the request to the custodian. If the custodian is not known, the applicant may direct the request to the official custodian.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.04 Written Application.

A. Inspections.

(1) Except as provided in §A(2), of this regulation, the custodian shall make available for inspection, without a written application, any record that clearly is required to be disclosed.

(2) The custodian may require a written application if the custodian reasonably believes that:

(a) A written application will materially assist the Office in responding to the request;

(b) The Act or any other law may prohibit disclosure of the record; or

B. Copies. If the applicant is requesting a copy of a public record, the custodian may require a written application.

C. Contents of Application. A written application shall contain an applicant's:

(1) Name;

(2) Address; and

(3) A brief description of the record sought.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.05 Custodian's Response to Application.

A. The custodian shall determine:

(1) Whether a written application is required.

(2) Whether the record is in the custodian's custody.

(3) Whether the record can be disclosed to the applicant.

(4) Whether the applicant is a person in interest, if the record may be disclosed only to a person in interest. The custodian may require documentation from the applicant to support the claim that the applicant is a person in interest.

B. Decision to Grant or Deny.

(1) Within 30 days after receiving an application, the custodian shall grant or deny the application.

(2) Grant. If the custodian decides to grant an application for inspection, the record shall be produced immediately or within a reasonable period, not to exceed 30 days, after receipt of the request, if that time is needed to retrieve the information.

(3) Denial.

(a) Once a final decision to deny the application is made, the custodian shall immediately notify the applicant.

(b) Within 10 working days of the decision, the custodian shall give the applicant a written statement of the reasons for the denial, the legal authority for the denial, and the remedies available for review of the denial.

(4) Partial Grant. The custodian shall permit inspection of any part of the record that is subject to inspection and reasonably severable from those parts not subject to inspection.

C. Custody and Control of the Record. If the record is not in the custody or control of the custodian, the custodian shall notify the applicant within 10 working days after the receipt of the request and, if known, the identity and location of the actual custodian.

D. Record Temporarily Unavailable. If the record is temporarily unavailable, the custodian shall notify the applicant within 10 working days after receipt of the request and tell the applicant the date on which the record is expected to become available.

E. Record Lost or Destroyed. If the custodian determines that the record is lost or destroyed, the applicant shall be notified within 10 working days after receipt of the request.

F. Extension of Time Limits. With the consent of the applicant, any time period imposed by the Act may be extended for an additional period not to exceed 30 days.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.06 Notice to Persons Who May Be Affected by Disclosure.

A. Except as provided in §B, the custodian may notify a person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.

B. The custodian may not notify a person who could be adversely affected by disclosure if:

(1) Any other law prohibits the notice; or

(2) Access to a disclosable record would be unreasonably delayed.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.07 Review of a Denial.

A. If the custodian denies a written application for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of a notice of denial, request an administrative hearing.

B. If the administrative hearing results in a total or partial denial of the written application, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.

C. If the applicant chooses not to request a hearing under §A, of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.08 Disclosure Against Public Interest.

If the Board decides that disclosure, otherwise required by the Act or other law, would do substantial injury to the public interest the Board may temporarily deny the request in writing and, within 10 working days of the denial, apply to the appropriate circuit court for an order permitting continued denial. Notice of the application shall be served on the applicant in the manner provided for service of process by the Maryland Rules of Procedure.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.09 Fees.

A. The fee for copying and certifying copies of records is as follows:

(1) Copies.

(a) If reproduction can be made by a photocopying machine within the offices of the Board, the charge for each copy is 43 cents per page. The per-page charge will increase as follows:

(i) 45 cents on July 1, 2006;

(ii) 48 cents on July 1, 2008; and

(iii) 51 cents on July 1, 2010.

(b) If a record cannot be photocopied in the offices of the Board (for example, punch cards, magnetic tapes, blue prints, and microfilm), the fee for copies will be the actual cost of reproduction.

(2) Minimum Fee Charged. A charge may not be made if the total amount of the fee is $5 or less.

B. If the fee for copies, printouts, photographs, or certified copies of any record is specifically prescribed by a law or regulation other than the Maryland Access to Public Records Act, that specific law or regulation shall control.

C. If the custodian is unable to copy a record within the offices of the Board, the custodian shall make arrangements for the prompt reproduction of the record at a public or private facility outside the Board's offices. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before copying a record, the custodian shall estimate the cost of reproduction and obtain either the agreement of the applicant to pay the cost or prepayment of any estimated fees.

E. The official custodian may charge a fee for employee search and preparation time in excess of 2 hours. The fee shall reflect the hourly wage, including fringe benefits, of the employee who performs the search and preparation.

F. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation, if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.

G. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant cost of postage or delivery.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.10 Time of Inspection.

An applicant may inspect disclosable records only during the normal working hours of the Board's offices.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

COMAR 23.01.04.11 Place of Inspection.

Inspection shall take place where the document is located, unless the Board, after considering the applicant's preference, determines that another place is more suitable and convenient.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Administrative History: Regulation .09A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .09A, E amended affective January 27, 1997 (24:2 Md. R. 116)
Authority: General Provisions §§ 4-101 - 4-601, Annotated Code of Maryland

23.01.05 Correction or Amendment of Personal Records

COMAR 23.01.05.01 General.

These regulations set out procedures for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.02 Definitions.

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means the Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.

(2) “Board” means the Board of Public Works.

(3) “Custodian” means a person employed by the Board of Public Works having personal custody and control of a public record of the office.

(4) “Official custodian” means the Secretary to the Board of Public Works.

(5) “Person in interest” means a person or governmental unit that is the subject of a public record or a designee of the person or governmental unit, or, if the person has a legal disability, a parent or legal representative of the person.

(6) “Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:

(a) An address;

(b) A description;

(d) A number; or

(e) A picture.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.03 Who May Request.

A person in interest may request the Board to correct or amend any personal record pursuant to §10-625 of the Act.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.04 Contents of Request.

The request shall be in writing and shall state the:

A. Name, address, and phone number of the person making the request;

B. Precise correction or amendment requested; and

C. Reason the correction or amendment is sought.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.05 Filing The Request.

A request for correction or amendment of a record shall be filed with the Board by addressing it to the custodian of the record. If the custodian is unknown, the request may be addressed to the official custodian.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.06 Return of Request.

If a request does not reasonably comply with Regulation .04, of this chapter, it shall be returned to the person in interest with an explanation and a statement that, upon completion, it may be refiled with the Board.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.07 Response to Request.

Within 30 days after receipt of a proper request for correction or amendment the custodian shall:

A. Make the requested correction or amendment and inform the person in writing of the action;

B. Inform the person in writing of:

(1) The refusal to make the requested correction or amendment, and

(2) The reason for the refusal; or

C. Inform the person in writing that the record will not be amended or corrected as requested because:

(1) The person is not a person in interest,

(2) The record sought to be corrected or amended is not a personal record,

(3) The person requesting the correction or amendment is not entitled to inspect the record under State Government Article, §§10-615—10-619, Annotated Code of Maryland, or

(4) Any other reason that is authorized by law.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.08 Statement of Disagreement.

A. Right to File. If the Board refuses the requested correction or amendment, the person in interest may file a concise statement of the reasons for:

(1) The requested correction or amendment; and

(2) Disagreement with the refusal of the Board to make the correction or amendment.

B. Requirements for Statements of Disagreement. The statement shall be filed on pages not exceeding 8-1/2 X 11 inches in size. Only one side of the page shall contain a statement. Not more than five pages will be accepted in connection with a single request for correction or amendment.

C. Information Provided to Third Parties. When the Board discloses to a third party information from personal records about which a statement of disagreement has been filed, the Board shall furnish a copy of the statement to the third party.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

COMAR 23.01.05.09 Administrative and Judicial Review.

A. A person may seek administrative and judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the person has been denied:

(1) A request to change a personal record;

(2) The right to file a statement of disagreement; or

(3) The right to have a statement of disagreement forwarded to a third party pursuant to Regulation .08C.

B. A request for administrative review of a decision of the Board to deny a request to change a personal record shall be filed within 30 days of the date of the decision.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2153)
Authority: State Government Article, §10-625, Annotated Code of Maryland

23.02.01 Standard Travel Regulations

COMAR 23.02.01.01 Scope.

A. Unless otherwise provided by law, these regulations apply to all travel for official business undertaken by officials and employees of units of the Executive Branch of the State government, except elected officials and officials and employees of the University of Maryland System, Morgan State University, and St. Mary's College of Maryland.

B. If a contract specifically provides for their application, these regulations may apply to official business travel of persons performing a State contract.

C. These regulations do not apply:

(1) When a line item in the annual State budget specifically identifies an item and amount for exemption.

(2) To State-owned, State-leased, or privately owned motor vehicles. Reimbursement to employees or officials who use State-owned, State-leased, or privately owned motor vehicles to conduct official business for the State is within the jurisdiction of the State Fleet Administrator, Department of Budget and Management, and subject to policies issued by the Secretary of Budget and Management.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the Board of Public Works.

(2) “Conferences, conventions, and seminars” means non-routine official business meetings for the purpose of discussing or deciding matters related to the accomplishment of position responsibilities.

(3) “Credit services contractor” means a private entity under contract with the State to extend the State credit for purposes of charging business travel expenses.

(4) “Department” means the Department of Budget and Management.

(5) Employee.

(a) “Employee” means an employee or official of a unit of the Executive Branch of State government.

(b) “Employee” does not mean elected officials and officials and employees of the University of Maryland System, Morgan State University, and St. Mary's College of Maryland.

(6) “In-State travel” means travel to destinations inside the boundaries of Maryland, and includes Washington, D.C.

(7) “Official business” means the authorized duties performed by an employee or official of the State in the employee's or officer's defined capacity under the duties and responsibilities prescribed by the employment or office.

(8) “Out-of-country travel” means travel to destinations outside the United States and its territories.

(9) “Out-of-State travel” means travel to destinations outside Maryland and Washington, D.C.

(10) “Routine business travel” means authorized travel on a daily basis or periodic basis to a jobsite other than the employee's assigned office for official business.

(11) “Secretary” means the Secretary of Budget and Management.

(12) “Training” means the same as provided under COMAR 17.04.10.01.

(13) “Travel services contractor” means a private business entity under contract with the State to serve as a travel agency for purposes of State employee business travel.

(14) “Travel status” means the condition of a State employee while traveling on State business. An employee is not in travel status while commuting from home to the employee's assigned office, regardless of the length of time of that commute.

(15) “Unit” means any department or independent agency within the Executive Branch of State government.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.03 Policy.

A. These regulations establish a State Travel Management Program, under the jurisdiction of the Secretary, Budget and Management, to help ensure fairness in the application and administration of travel expense reimbursement and to reduce and control the State's costs related to travel.

B. An employee traveling on official business is expected to exercise the same care incurring expenses as would a prudent person traveling for personal reasons. Travel for business should be conducted at a minimum cost for achieving the success of the mission. Travelers shall request reservations as far in advance as possible and shall utilize the lowest logical air/rail fares available. Subject to approval by the unit head, use of business class is allowable when traveling to destinations outside North America, the Caribbean Islands, and the Hawaiian Islands. Travel in first class is not allowable unless documented evidence clearly indicates the travel is in the best interest of the State. An employee may accept promotional awards if they are obtained under the same conditions as those offered to the general public, provided that participation in such programs results in no additional cost to the State. An employee who receives compensation for being bumped from a flight while on travel status shall remit that compensation to the State. Baltimore/Washington International Thurgood Marshall Airport, as the State’s preferred airport, should be used whenever convenient and cost effective.

C. State facilities shall be used for in-State meetings whenever available, unless the use of outside facilities is more cost effective, or the agency head certifies that the outside facility is more appropriate to completing the business mission.

D. The Secretary shall establish reimbursement rates, subject to the approval of the Board of Public Works. Expenditures for official travel may be considered as reimbursable only if incurred in accordance with these regulations. The Department shall make reimbursement rates available online wherever practicable.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.04 Travel Management Office.

A. The State Travel Management Office is established in the Department of Budget and Management to administer the State Travel Management Program.

B. The State travel manager shall:

(1) Oversee the operations of the Travel Management Office;

(2) Monitor contractor performance and unit compliance; and

(3) Work with State units to ensure the effective and efficient operation of the Travel Management Program.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.05 Unit Heads.

A. Unit heads shall:

(1) Be responsible for ensuring compliance with this chapter by providing adequate internal control over employee travel;

(2) Designate an existing employee or employees to serve in a subsidiary capacity as an agency travel coordinator or coordinators within their organization for the purpose of monitoring employee compliance with these regulations and performing other duties listed in Regulation .06.

B. Exceptions to using the travel and credit service contractor or contractors shall be approved by the unit head or designee in accordance with Regulation .08B, documented by the unit, and forwarded to the Department's Travel Management Office by January 15th and July 15th of each year. Reporting is to cover the periods of July 1 through December 31, and January 1 through June 30, respectively. This section shall be effective upon written notification of the Secretary to the unit head.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.06 State Agency Travel Coordinators.

The agency travel coordinators shall be responsible for:

A. Monitoring employee compliance in accordance with this chapter;

B. Providing assistance to employees concerning questions and problems with travel;

C. Serving as liaison with the Department's Travel Management Office and the travel and credit service contractors.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.07 Secretary.

The Secretary shall be responsible for the:

A. Development and promulgation of the regulations in this chapter, including travel reimbursement rates, with the approval of the Board;

B. Procurement of travel and credit service contracts and rate agreements;

C. Development and administration of travel and credit service contracts and rate agreements;

D. Program monitoring, evaluation, and guidance;

E. Liaison with State units to ensure the effective and efficient operation of the travel management program and compliance with this chapter. This shall include resolving problems and complaints of the units and travel and credit service contractors and providing educational material to agency travel coordinators and employees.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.08 Travel Services Contractor.

A. The Secretary may contract with travel service providers, or with a single provider, to acquire travel services for State employees traveling on official business.

B. Upon written notification of the Secretary to the unit head, employees shall book all airline, railway, and ship travel, all car rentals, and all lodging reservations through the State travel service contractor, except under the following circumstances:

(1) An unusual situation makes it impractical or impossible to use the services of the State travel services contractor;

(2) The State travel services contractor does not serve the area where the employee is located;

(3) Travel arrangements are to be made for the employee by the organizer of a planned conference, convention, or seminar in order to obtain special discounts not available through the travel services contractor.

C. When changes in travel planning require cancellation or revision of common carrier tickets, or car rental or lodging arrangements, the employee shall notify the travel services contractor as soon as possible so that the necessary changes can be made.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.09 Air Travel Accident Insurance.

Air travel insurance is provided through the State Treasurer's Office. Beneficiaries are those designated with the Maryland State Retirement and Pension System. Questions concerning policy coverage or the designation of beneficiaries shall be directed to the State Treasurer's Office.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.10 Travel Authorization.

A. In-State Business Travel. Subject to appropriated funds, routine business travel may be authorized in accordance with appropriate internal approval procedures of the unit responsible for the official State business.

B. Out-of-State or Out-of-Country Business Travel. Subject to appropriated funds, a unit head or designee may authorize out-of-State and out-of-country travel for official business. Requests for authorization shall be submitted on the Comptroller of the Treasury's GAD Form X-3A, “Individual Request for Out-of-State Travel.”

C. Conventions, Conferences, Seminars, or Training Travel.

(1) Subject to appropriated funds, a unit head or designee may authorize in-State travel to conventions, conferences, seminars, or training in accordance with appropriate internal approval procedures. A unit head or designee may authorize out-of-State travel for these purposes using the Comptroller of the Treasury's GAD Form X-3A, “Individual Request for Out-of-State Travel.”

(2) Requests for authorization to travel out-of-country to conventions, conferences, seminars or training shall be submitted to the Secretary for approval.

Cross References

23.02.01.11A(1)

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.11 Travel Payment and Reimbursement.

A. Each employee's reimbursement request shall include:

(1) The Comptroller of the Treasury's GAD Form X-3A, “Individual Request for Out-of-State Travel,” in accordance with Regulation .10 of this chapter;

(2) The Comptroller of the Treasury's GAD Form X-5, “State of Maryland Expense Account”;

(3) Itemized receipted bills and such other supporting documentation of expenses as may be required by the Comptroller.

B. Payment for Airline and Rail Tickets (Common Carrier). The following conditions shall be effective upon written notification of the Secretary to the unit head:

(1) Units shall pay for employee common carrier tickets issued by the contractor travel service using the credit account number provided by the contractor selected for that purpose. Each unit or appropriate unit division shall be issued one account number and shall be centrally billed by the contractor for all charges. The identity of and access to all unit account numbers shall be restricted by the unit to the essential personnel.

(2) Each unit shall have a written policy and assigned responsibility for obtaining and controlling common carrier tickets.

(3) Wholly unused, fully refundable tickets shall be returned by the employee to the designated unit official to obtain credit. The unit official immediately shall return any unused portions of tickets to the contractual travel agency for credit to be applied.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.01.12 Reimbursable Expenses.

A. General. The State shall reimburse employees for authorized necessary travel and related expenses incurred by the employee. The State may not reimburse an employee for transportation, lodging, meal expense, or any other costs incurred by a spouse, child, or other person not essential to the business mission, who accompanies the employee on an official business trip. For reimbursement of travel expenses, including meals and expenses other than authorized tips, employees must provide receipts.

B. Taxi, Bus, and Airport Limousine. Taxi, bus, shuttle, and airport limousine fares incurred while on travel status are reimbursable when traveling to and from the airport, train station, or bus station, or when otherwise incurred while conducting official business. Employees may be reimbursed for tips for taxis, buses, shuttles, and airport limousines at rates and limits established by the Secretary. Employees shall use the mode of public transportation that results in the lowest logical cost to the State.

C. Rental Cars.

(1) Subject to approval by the unit head or designee, employees may rent cars while on travel status when other means of transportation are unavailable, more costly, or impractical. The lowest cost vehicle necessary to achieve the traveler's mission shall be reserved. Upon written notification to the unit head, all car rental reservations shall be made through the State travel services contractor, except as provided in Regulation .08B, of this chapter.

(2) In addition to the cost of the rental, the employee shall be reimbursed for necessary and reasonable expenses incurred for the following items:

(a) Gasoline, oil, and emergency repairs;

(b) Parking;

D. Lodging.

(1) This section shall be effective upon written notification by the Secretary to the unit head. Employees shall make all lodging reservations through the State travel services contractor, except as provided in Regulation .08B, of this chapter, when official business requires the employee to remain away from home overnight. Field staff employees shall make in-State lodging reservations through the State travel services contractor whenever practical.

(2) Reimbursement shall be in an amount equal to the actual cost of the least expensive available rate for reasonable accommodations based on single occupancy.

(3) In cases of double occupancy by two State employees, each employee shall be reimbursed 50 percent of the total room charge.

(4) In cases of double occupancy when one of the occupants is not on State business, lodging reimbursement shall be on the basis of the least expensive available rate for reasonable accommodations based on single occupancy.

E. Meals.

(1) Meal allowances for employees while in travel status are reimbursable at the rates established by the Secretary. All meal rates are inclusive of taxes and tips.

(2) When an employee is in travel status involving absence from home overnight, all meals are reimbursable.

(3) Reimbursement may not be made for the cost of alcoholic beverages.

(4) The cost of breakfast is reimbursable when an employee in travel status has to leave home on official business 2 hours or more before the beginning time of the employee's place of business. The cost of dinner is reimbursable when an employee in travel status cannot get home within 2 hours after the employee's normal quitting time. In both cases, the 2 hours are in addition to the normal commuting time.

(5) In cases when an employee meets both of the conditions of §E(4), of this regulation, and is in travel status for the entire day, but not overnight, the employee's lunch also is reimbursable.

(6) Reimbursement for either breakfast or dinner may not be made because of the hour at which an employee is required to leave home, or at which the employee returns home, because of commuting to and from the employee's normal place or places of employment.

(7) When a State institution, as a matter of practice, charges an employee for meals regardless of whether the employee eats a particular meal, and the employee is required to be absent from the institution on official business at mealtime, the employee shall be reimbursed to the extent of the cost of the meal charged to the employee by the institution.

(8) Except as provided in §E(2), (4), (5), and (7), of this regulation, an employee may not be reimbursed for the cost of lunch.

(9) If the registration fee for a conference, convention, seminar, or training meeting includes the cost of meals, the State shall reimburse the employee for the full registration fee. For this meeting, the employee may not request reimbursement for the included meals.

(10) Members of boards and commissions established by statute who do not receive compensation from the State may be reimbursed for actual and necessary meal expenses incurred while on official State business. Reimbursable meal expenses including tips may not exceed amounts established by the Secretary.

(11) Meal reimbursement above the standard limits is allowable for employees conducting business in high cost areas designated by the Secretary.

(12) Meal reimbursement above the standard limits is allowable for employees on travel status outside the United States and its territories upon submission of itemized receipts approved by the unit head or the unit head's designee.

F. Conference Registration Fees. When a registration fee is charged, participating State officials or employees shall be reimbursed upon submission of a receipt.

G. Porter Fees and Hotel Tips.

(1) Porter fees and hotel tips per each bag carried at common carrier depots and hotels respectively are reimbursable at the rates and limits established by the Secretary.

(2) The same per bag tip is reimbursable when checking into and checking out of a hotel.

(3) The State will not reimburse for tips for hotel housekeeping services.

H. Telephone and Postage Expenses. Telephone and postage expenses incurred in the performance of official duties are allowable.

I. Cleaning Expenses. When an official or employee is required to be on travel status for a period exceeding 5 working days, the cost of necessary laundry, cleaning, and pressing is reimbursable.

J. Expenses for Passports, Visas, and Traveler's Checks. If incurred as a result of the performance of official duties, fees for passports, visas, and traveler's checks are reimbursable upon submission of a receipt.

History

Administrative History: Effective date: July 5, 1988 (15:12 Md. R. 1447)
Administrative History: Regulation .01A amended effective May 7, 2007 (34:9 Md. R. 827)
Administrative History: Regulation .01C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .02B amended effective January 31, 2005 (32:2 Md. R. 148); May 7, 2007 (34:9 Md. R. 827); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .03 amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .03B amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .04A amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .10C amended effective February 22, 1999 (26:4 Md. R. 274); June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .11B amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12 amended effective June 9, 2014 (41:11 Md. R. 606)
Administrative History: Regulation .12E amended effective July 1, 1989 (16:12 Md. R. 1338); January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .12J adopted effective July 1, 1989 (16:12 Md. R. 1338)
Authority: State Finance and Procurement Article, §10-203; Education Article, §§14-104 and 14-404; Annotated Code of Maryland

COMAR 23.02.02 Review of Human, Cultural, Social, and Educational Services Contracts [Repealed]

History

Administrative History: Effective date: July 4, 1983 (10:13 Md. R. 1182)
Administrative History: ——————
Administrative History: Regulation .01 recodified from COMAR 23.01.01 to 23.02.02 and amended effective September 5, 1988 (15:18 Md. R. 2153)
Administrative History: ——————
Administrative History: Chapter repealed effective April 26, 1993 (20:8 Md. R. 724)

23.02.03 Public Improvements Project Review

COMAR 23.02.03.01 Scope.

A. Except as provided in §B of this regulation, this chapter applies to all projects for the construction, maintenance, or repair of any building, structure, or other public work:

(1) Owned or constructed by the State or any unit of the State government, including the University of Maryland; or

(2) Acquired or constructed in whole or in part with State funds.

B. This chapter does not apply to the construction, maintenance, or repair of any building, structure, or other public work by:

(1) The Department of Transportation or a unit within that Department;

(2) Any housing authority created under Article 44A, Annotated Code of Maryland;

(3) The Maryland-National Capital Park and Planning Commission;

(4) The Washington Suburban Sanitary Commission;

(5) The Baltimore County Metropolitan District; or

(6) A county, municipal corporation, or unit of a county or municipal corporation.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2154)
Authority: State Finance and Procurement Article, §4-402, Annotated Code of Maryland

COMAR 23.02.03.02 Power to Exempt.

The Board of Public Works may exempt specific projects for the construction, maintenance, or repair of any building, structure, or other public work by a unit of State government from the provisions of the State Finance and Procurement Article, Title 4, Subtitle 4, Annotated Code of Maryland, pursuant to the procedures set forth in Regulation .03, of this chapter.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2154)
Authority: State Finance and Procurement Article, §4-402, Annotated Code of Maryland

COMAR 23.02.03.03 Exemption Procedures.

A. Request for Exemption. A unit may request the Board of Public Works to exempt a specific project under Regulation .02, of this chapter, by filing an application with the Secretary to the Board.

B. Contents of Application. The application shall be in writing and shall include:

(1) The identity of the applicant and of the building, structure, or other public work that is the subject of the project;

(2) A description of the project and its purpose; and

(3) The reason why the exemption is sought.

C. Action of Board of Public Works.

(1) As soon as practicable after submission, the Secretary to the Board shall place the application for exemption on the Board Agenda.

(2) The Board shall consider the request and may:

(a) Grant the request if it finds that the exemption is in the best interests of the State;

(b) Deny the request; or

(c) Defer action, pending submission of additional information from the applicant, study by the Department of General Services, or any other action that the Board deems necessary or appropriate.

D. Notification. The Secretary to the Board promptly shall notify the applicant in writing of the Board's action. If action on the application is deferred, the notice shall state the terms of the deferral.

History

Administrative History: Effective date: September 5, 1988 (15:18 Md. R. 2154)
Authority: State Finance and Procurement Article, §4-402, Annotated Code of Maryland

23.02.04 State Tidal Wetlands Licensing Procedures

COMAR 23.02.04.01 Purpose.

A. The purpose of this chapter is to advance the best interest of the State with respect to State tidal wetlands, including preserving the rights of riparian owners.

B. The State holds State tidal wetlands in both a proprietary capacity and in sovereign trust for the benefit of the people of Maryland. In determining whether to issue a State tidal wetlands license, the Board of Public Works has the same discretion that any owner has in deciding whether to grant to another an interest in the owner’s property.

C. In applying this chapter to determine whether issuing a State tidal wetland’s license is in the State’s best interest, it is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.02 Scope.

A. This chapter sets forth the procedures of the Board of Public Works for the licensing of all dredging, filling, or altering of State tidal wetlands. This includes the construction, reconstruction, or repair of structures, or of nonstructural shoreline stabilization measures, on State tidal wetlands.

B. A license issued under this chapter does not convey ownership of lands or the affected air space, or diminish the full and free use and enjoyment by the public of the tidal waters of the State.

C. This chapter does not change the title to submerged lands conveyed to private owners by the State or its predecessors.

D. This chapter does not set forth the complete range of Board of Public Works’ fiduciary and proprietary responsibilities relating to private uses of State wetlands. The Board of Public Works may, among other things, address these matters through easement, lease, deed, or other instrument to protect the State’s interests or to convey an interest in State wetlands.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.03 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Administrator” means the Wetlands Administrator for the Board of Public Works.

(2) “Board” means the Maryland Board of Public Works.

(3) “Critical area” consists of the following areas, as indicated on the Statewide Base Map:

(a) All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide;

(b) All State and private wetlands designated under Environment Article, Title 16, Annotated Code of Maryland; and

(c) All land and water areas within 1,000 feet beyond the landward boundaries of the resource identified under §B(3)(a) and (b) of this regulation.

(4) “Department” means the Maryland Department of the Environment.

(5) “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other materials, whether or not of intrinsic value, from any State or private tidal wetlands.

(6) Enhancement.

(a) “Enhancement” means the rehabilitation of a degraded wetland site by manipulation of the physical, chemical, or biological characteristics of a wetland site:

(i) To heighten, intensify, or improve a specific function, or functions; or

(ii) For a purpose such as water quality improvement, flood water retention or wildlife habitat.

(b) “Enhancement” results in a change in wetland function, or functions, and can lead to a decline in other wetland function, but does not result in a gain in wetland acres.

(7) Filling.

(a) “Filling” means the:

(i) Displacement of tidal water by depositing into State or private wetlands soil, sand, gravel, shells, or other materials, including pilings, piers, and other structures;

(ii) Artificial alteration of tidal water levels by any physical structure, drainage ditch, or otherwise; or

(iii) Storm drainage projects that flow directly into tidal waters of the State.

(b) “Filling” does not include:

(i) Drainage of agricultural land;

(ii) In-place replacement or repair of functional shore erosion control structures using substantially similar materials and construction design; or

(iii) Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary.

(8) “Interested person” means, an owner of a riparian property contiguous to a parcel for which there is a licensing proceeding, or an individual that comments on, requests hearings for, or makes inquiries about a licensing proceeding.

(9) “License” means written authorization by the Board under Environment Article, §16-202, Annotated Code of Maryland, to dredge, fill, construct structures, or conduct certain other activities involving State tidal wetlands.

(10) “Licensee” means a person to whom the Department issues a general wetlands license or the Board issues an individual or emergency State tidal wetlands license.

(11) “Living shoreline” means an approach that uses plants and sand, rock, oyster shell, or other natural materials to protect shoreline and to create, maintain, or enhance habitat.

(12) “Maintenance dredging” means dredging an area previously dredged under a Board-issued or Department-issued license for the purpose of maintaining the area’s functional navigation channel, marina, or mooring basin.

(13) “Mean high water” means the average of all the high water levels observed over the national tidal datum epoch.

(14) “Mean high water line” means the line where the land meets the water surface at the elevation of mean high water.

(15) “Mean low water” means the average of all the low water levels observed over the national tidal datum epoch.

(16) “Mitigation” means offsetting loss or damage to State tidal wetlands due to licensed activity by creating new State tidal wetlands or restoring or enhancing existing State tidal wetlands.

(a) “In-kind” means having characteristics closely approximating the original characteristics, including those of a vegetated tidal wetland before that wetland was adversely impacted.

(b) “Out-of-kind” means having characteristics not closely approximating those of a tidal wetland before that wetland was adversely impacted.

(17) Nonstructural Shoreline Stabilization Measure.

(a) “Nonstructural shoreline stabilization measure” means an erosion control measure that is dominated by tidal wetland vegetation, such as submerged aquatic vegetation, and is designed to preserve the natural shoreline, minimize erosion, and establish aquatic habitat.

(b) “Nonstructural shoreline stabilization measure” includes a living shoreline.

(18) Nonwater-Dependent Project.

(a) “Nonwater-dependent project” means a temporary or permanent structure or activity that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private tidal wetlands.

(b) “Nonwater-dependent project” includes a:

(i) Dwelling unit on a pier;

(ii) Restaurant, shop, office, or other commercial building or use on a pier;

(iii) Temporary or permanent roof or covering on a pier;

(iv) Pier used to support a nonwater-dependent use; and

(v) Small-scale renewable energy system on a pier, including a solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; a geothermal energy system and its geothermal heat exchanger or other necessary equipment; and a wind energy system and its wind turbine, tower, base, or other necessary equipment.

(i) A fuel pump or other fuel-dispensing equipment on a pier;

(ii) A sanitary sewage pump or other wastewater removal equipment on a pier;

(iii) A pump, pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under Natural Resource Article, §4-11A-23, Annotated Code of Maryland; or

(iv) An office for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

(19) “Over, on, in, or under” means the horizontal and vertical totality of State tidal wetlands and the associated air space applicable throughout this chapter, except when the context clearly limits the meaning.

(20) “Periodic maintenance dredging” means maintenance dredging where:

(a) The area and depth of the dredging are in conformance with the original dredging license;

(b) No more than 500 cubic yards of material are dredged at each maintenance dredging to restore licensed work;

(c) The dredged material is deposited upon the designated dredge material placement site or other upland site approved by the Department; and

(d) The licensee receives prior approval from the Department for each maintenance dredging operation.

(21) “Person” means any natural person, partnership, joint stock company, unincorporated association or society, the State, any unit of the State, a political subdivision, the federal government, or other corporation of any type.

(22) “Political subdivision” means a county (including Baltimore City) or municipality.

(23) “Private tidal wetlands” means:

(a) Land not considered State tidal wetlands bordering on or lying beneath tidal waters, that is subject to regular or periodic tidal action and supports aquatic growth;

(b) Tidal wetlands transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred; or

(24) Restoration.

(a) “Restoration” means reestablishment of tidal wetlands on former tidal wetland sites by manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions.

(b) “Restoration” results in rebuilding a former wetland and in a gain in wetland acres.

(25) “Riparian rights” means a bundle of rights that derive from the physical relationship of a body of water to the land abutting it.

(26) Riprap.

(a) “Riprap” means intentionally placed rock or other durable materials such as rubble or pre-formed concrete shapes, used to armor both shorelines, channels, and other natural features as well as pilings and other structures, against scour, and water or ice erosion.

(b) “Riprap” includes structures that may be constructed of riprap, such as revetments, embankments, groins, sills, and breakwaters.

(27) State Tidal Wetlands.

(a) “State tidal wetlands” means any land:

(i) Under the navigable waters of the State below the mean high water line, affected by the regular rise and fall of the tide; and

(ii) Between the landward boundary, coterminous with the mean high water line, and the seaward boundary, 3 miles from the low water mark of the Atlantic coast.

(b) “State tidal wetlands” does not include wetlands that have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, which are instead “private tidal wetlands” to the extent of the interest transferred.

(28) “Structure” means something that is built or constructed, temporarily or permanently, including a boathouse, breakwater, bulkhead, drainage ditch, groin, pier, revetment, sill, tidal impoundment dike, transmission facility, or water control structure.

(29) “Trenchless technology” means subsurface construction work, including horizontal directional drilling, microtunneling, and other similar technologies, used to install underground infrastructure, such as below-ground pipelines and cables.

(30) “Upland” means any area that does not qualify as a tidal or nontidal wetland.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.04 License Requirement.

A. A person may not conduct the following activities over, on, in, or under State tidal wetlands without a license except as provided for in §E of this regulation:

(1) Dredging;

(2) Filling;

(3) Constructing, reconstructing, repairing, or altering structures, trestles, conduits, cables, pipelines, intake or discharge pipes, or similar devices or apparatuses;

(4) Constructing a shore erosion control project, including a living shoreline; or

(5) Otherwise altering State tidal wetlands.

B. The Board may issue a State tidal wetlands license to:

(1) The owner of the riparian rights associated with an upland parcel;

(2) The State, any unit of the State, or the federal government;

(3) A political subdivision;

(4) A public service company; or

(5) An individual who seeks to obtain soil borings, sediment borings, or samples for research purposes.

C. Agents.

(1) Any person eligible to apply for a license under §B of this regulation may do so through the use of an agent.

(2) Any reference to “applicant” or “licensee” in this chapter includes an agent of the eligible person.

D. The issuance of a State tidal wetlands license does not relieve the licensee from obtaining other approvals and permits that may be required, including a U.S. Army Corps of Engineers permit, water quality certification, coastal zone consistency certification, buffer management plan, and other State and local approvals and permits.

E. Activities Not Requiring a License. A person may conduct the following activities over, on, in, or under State tidal wetlands without a license issued by the Board:

(1) Constructing, repairing, or removing private noncommercial piers when the property owner provides 10-day notice to the Department on a Department-approved form and meets the following criteria:

(a) Only one pier per property;

(b) Pier is not wider than 6 feet;

(d) Fixed or floating platforms, including Ts, Ls, and step-down platforms that:

(i) Do not exceed 200 square feet, excluding the segment of the main pier section to which the platform is attached;

(ii) Are not located over vegetated tidal wetlands or submerged aquatic vegetation; and

(iii) Are located in at least 2 feet at mean low water;

(e) No more than two 3-foot wide finger piers may be constructed on the landward side of the end of a private pier;

(f) Pier does not extend within 100 feet of a Department-approved water-ski course;

(g) Pier does not extend beyond the lesser of 100 feet channelward of the mean high water line or a distance of 25 percent of the waterway width;

(h) Meets property line setback requirements established by the political subdivision;

(i) Pier does not impede navigation or block adjoining properties from ingress and egress;

(j) Pier does not obstruct the tidal flow;

(k) Pier does not include more than four slips, lifts, or hoists; and

(l) Pier does not extend within 500 feet of an approved aquaculture lease site.

(2) Maintaining, repairing, or replacing an existing functional structure by a licensed marine contractor or property owner when there is only a de minimis increase in the original length, width, height, or channelward encroachment.

(3) Dredging seafood products by a licensed aquaculture operator, harvesting submerged aquatic vegetation if the root system is not affected, and harvesting of seaweed.

(4) Trapping, hunting, fishing, cultivating or harvesting shellfish when legally permitted.

(5) Aquaculture activities occurring under a Department of Natural Resources lease.

(6) Mosquito control and abatement projects approved by the Department of Agriculture.

(7) Improving wildlife habitat or agricultural drainage ditches if approved by the appropriate State agency.

(8) Marking channels and harbors and establishing navigation aids approved by the U.S. Coast Guard and the Department of Natural Resources.

(9) Controlling invasive plant species through the application of pesticides when authorized by a toxic materials permit under COMAR 26.08.03.02.

(10) Installing bass spawning boxes outside of marked navigation channels.

Cross References

23.02.04.05A(1)

23.02.04.05A(16)

23.02.04.06B(1)(a)

26.24.01.03

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.05 Delegation to the Department.

A. The Board delegates to the Department the authority to grant, deny, or grant with conditions a State tidal wetlands general license for the following activities:

(1) Except for applications for nonwater-dependent projects under Environment Article, §16-104, Annotated Code of Maryland, constructing pilings or fixed or floating private, noncommercial piers and platforms that are not exempt from licensure under Regulation .04E(1) of this chapter;

(2) Constructing a revetment by placing riprap for shore erosion control only when it is no more than:

(a) 500 feet in length parallel to the shoreline; and

(b) 10 feet channelward of the mean high water line;

(3) Filling or constructing a nonriprap shore erosion control structure, such as a bulkhead, when the fill area is no more than:

(a) 300 feet in length parallel to the shoreline; and,

(b) 10 feet channelward of the mean high water line;

(4) Constructing tidal groins to minimize impacts to the littoral drift, when extending no more than 25 feet channelward of the mean high water line;

(5) Bulkhead repair or replacement where the repair or replacement does not extend more than 18 inches channelward of the existing bulkhead. A general license for repair or replacement may authorize riprap placed as a revetment along the base of the bulkhead, if the riprap does not extend more than 10’ channelward of the bulkhead;

(6) Filling of nearshore shallow water not more than 35 feet channelward of the mean high water line when the fill area is:

(a) Less than 500 feet in length;

(b) Parallel to the shoreline; and

(7) Maintenance dredging a mooring, private or commercial boat ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of material nor an area greater than 1,500 square feet needs to be dredged;

(8) Reconfiguring an existing marina when there is no dredging or increase in channelward encroachment beyond existing piers and associated structures;

(9) Constructing a private noncommercial boat ramp not more than 12 feet wide and 30 feet channelward of the mean high water line;

(10) Reinforcing bridges or causeways when they extend less than 10 feet from the existing structure, require no dredging, and do not impede the flow of the waterway;

(11) Creating a new discharge of stormwater runoff when the project directly discharges to tidal waters if the drainage system extends no more than 10 feet channelward of the mean high water line and complies with stormwater regulations;

(12) Clearing debris and windfalls from shorelines without dredging State tidal wetlands;

(13) Installing temporary (not to exceed 3 years) sampling, surveying, or monitoring equipment solely for research or educational purposes where the impacted area does not exceed 10,000 square feet;

(14) Performing scientific sampling, soil borings, sediment borings, archaeological surveys, or similar activities in a total area not to exceed 10,000 square feet or exceed 10 cubic yards;

(15) Installing temporary site access measures such as wooden mats, as long as there are no changes to hydrology or grading and the impacted area does not exceed 10,000 square feet and provided the area is restored to original conditions; and

(16) Installing intake and discharge structures associated with aquaculture activities that are not exempt from licensure under Regulation .04E(5) of this chapter.

B. The Department may not grant or deny a State tidal wetlands general license for a nonwater-dependent project under Regulation .07 of this chapter.

C. The Department may not grant or deny a State tidal wetlands general license if the activity listed in §A of this regulation requires compensation under Regulation .12 of this chapter or if the activity listed in §A of this regulation is part of a larger project that requires an individual license under Regulation .06B(4) of this chapter.

D. The Board, through the Executive Secretary, may, after consultation with the Wetlands Administrator, require any project delegated to the Department to obtain an individual license.

E. The Department shall provide to the Board such reports and information as the Board may request.

Cross References

23.02.04.06A(1)

23.02.04.06B(1)(b)

23.02.04.06B(4)

23.02.04.15A

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.06 Types of Licenses.

A. General License.

(1) A general license is an authorization for the activities identified in Regulation .05A of this chapter involving State tidal wetlands.

(2) To obtain a general license, a person shall apply to the Department in accordance with the procedures in COMAR 26.24.02.04.

(3) The Department:

(a) Shall, within 45 days of receipt of an application, notify the applicant whether the application is complete and the wetland delineation is correct; and

(b) May extend, upon written notice to the applicant, the deadline if the following extenuating circumstances prevent consideration of the application:

(i) Inclement weather conditions;

(ii) Review is required by federal, State, or local government agencies; or

(iii) The applicant requests extension.

(4) The Department:

(a) Shall grant, deny, or condition the general license within 45 days of receiving a complete application; and

(b) May extend, upon written notice to the applicant, the deadline 30 days for the following extenuating circumstances:

(i) Review is required by federal, State, or local government agencies; or

(ii) The applicant requests extension.

B. Individual License.

(1) An individual license is issued by the Board for activities involving State tidal wetlands that:

(a) Are not among those listed in Regulation .04E of this chapter;

(b) Are not delegated to the Department under Regulation .05A of this chapter; and

(2) To obtain an individual license, a person shall apply through the Department in accordance with the procedures in COMAR 26.24.02.02 and §A(4)(b) of this regulation.

(3) An individual license is subject to public notice and an opportunity to request a public informational hearing in accordance with COMAR 26.24.01.04 and .05.

(4) If any aspect of a project requires an individual license from the Board, the entire project shall come before the Board, including those activities that are delegated under Regulation .05A of this chapter.

C. Emergency License.

(1) Without prior public notice, the Administrator may issue an emergency license when an emergency exists caused by an act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice.

(2) An emergency license issued under §A of this regulation, including its effective period, is limited to only those activities necessary to abate or mitigate the emergency.

(3) Any additional activities beyond those necessary to abate or mitigate the emergency require either a general or individual license under §A or B of this regulation.

(4) To obtain an emergency license a person shall apply through the Department. The initial request may be made orally. The applicant shall provide the following written information to the Department within 3 days:

(a) Applicant’s name;

(b) Location of the emergency activity;

(d) Extent of work to be done;

(e) Anticipated impact on tidal wetlands; and

(f) Nature of the emergency.

(5) Promptly upon receipt of the written information, the Department shall notify the Department of Natural Resources and the Maryland Historical Trust.

(6) If the Department determines an emergency license is appropriate, the Department shall issue a written summary to the Administrator within 10 days of the initial request containing:

(a) A description of the emergency;

(b) Terms and conditions under which the emergency license should be granted;

(d) Any other submitted comments or relevant materials.

(7) Within 14 days of the initial call, the applicant shall submit an application to the Department.

(8) Emergency License Issuance.

(a) If the Administrator agrees with the Department’s determination that an emergency license is appropriate, then:

(i) The Board authorizes the Administrator to issue an emergency license; and

(ii) The Administrator shall issue the emergency license within 14 days of the initial request.

(b) The Administrator shall transmit the license to the applicant and advise the applicant to sign and return the license to the Administrator, constituting acceptance of the terms and conditions.

(c) If an applicant fails to sign and return the emergency license within 14 calendar days of transmittal, the Administrator shall notify the applicant in writing that the license is void.

(d) Upon return of the signed emergency license, the Administrator shall sign and transmit a copy of the fully signed license to the licensee and to the Department.

(e) The license is effective when fully signed under both §C(8)(b) and (d) of this regulation.

(9) After issuance of the emergency license:

(a) The Department shall provide prompt public notice and an opportunity to submit written comments and to request a public informational hearing on ratifying or revoking the license;

(b) If a public informational hearing is requested, it shall occur within 30 days of issuance of the emergency license;

(i) A summary of comments received;

(ii) A summary of the public informational hearing, if held;

(iii) The Department’s response to concerns raised in the comments or at the public informational hearing; and

(iv) The Department’s recommendation to ratify, modify, suspend, or revoke the emergency license; and

(d) After receipt of the Department’s written recommendation under §C(9)(c) of this regulation, the Administrator shall submit an Action Agenda item to the Board with the Administrator’s recommendation that the Board ratify, modify, suspend, or revoke the emergency license.

Cross References

23.02.04.05C

23.02.04.15F

23.02.04.16E(2)

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.07 Nonwater-Dependent Projects on a Pier.

A. This regulation does not apply to nonwater-dependent projects located on State tidal wetlands in Prince George’s County.

B. The Board may issue an individual license authorizing a nonwater-dependent project on a pier if:

(1) The project is on a pier constructed on or after January 1, 2013, and meets the following criteria:

(a) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

(b) The pier is not attached to residential, institutional, or industrial property;

(d) Is located in either:

(i) An intensely developed area, where the project is authorized under the local jurisdiction’s Critical Area program by a program amendment on or after July 1, 2013; or

(ii) An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(e) Is approved by the local planning and zoning authority;

(f) Allows or enhances public access to State tidal wetlands;

(g) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(h) Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height;

(i) Is up to 1,000 square feet in total area;

(j) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(k) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area;

(2) The project is on a pier in existence on or before December 31, 2012, and meets the following criteria:

(a) Satisfies all of the requirements under §B(1)(a)—(i) of this regulation; and

(b) If the project has a temporary or permanent roof or covering, it can be no more than 1,000 square feet in total area; or

(3) The project is for a small-scale renewable energy system and meets the following criteria:

(a) Involves installing or placing a small-scale renewable energy system that is permitted as a secondary or accessory use;

(b) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;

(i) The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under the local jurisdiction’s Critical Area program or by a program amendment on or after July 1, 2013; or

(ii) An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(d) Is approved by the local planning and zoning authority;

(e) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(f) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area.

C. A license issued under §B(3) of this regulation may include installing or placing a:

(1) Solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:

(a) 4 feet above or 18 inches below the deck of the pier; or

(b) 1 foot beyond the length or width of the pier;

(2) Solar energy system attached to a piling if there is only one solar panel per boat slip;

(3) Solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(4) Closed–loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channel ward encroachment of the pier;

(b) Deleteriously alter long shore drift; or

(5) Wind energy system attached to a pier if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is 12 feet or less;

(b) The rotor diameter of the wind turbine is 4 feet or less; and

(c) The setbacks of the wind energy system from the nearest property line and from the channel ward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

D. Existing Nonwater-Dependent Projects on a Pier.

(1) A nonwater-dependent project on a pier, where the project was in existence on or before June 30, 1989, may continue to be used.

(2) A nonwater-dependent project added to a pier on or after July 1, 1989, may continue to be used if it was added in compliance with a wetlands license issued under the law applicable at the time.

(3) The Board may issue an individual license authorizing an alteration or expansion of an existing nonwater-dependent project on a pier if the final project complies with the requirements of §B of this regulation.

Cross References

23.02.04.05B

23.02.04.12F(1)

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.08 Department’s Report and Recommendation.

A. The Department shall submit a written Report and Recommendation for each application for an individual license to the Administrator that includes the following:

(1) Name and complete contact information for the applicant, and its agent, if any;

(2) Location of the project including the name of the impacted waterbody;

(3) Whether the license should be granted;

(4) Any conditions under which the license should be granted;

(5) Information compiled during site visits, if any;

(6) Whether a public informational hearing was required, when it was held, a summary of the public informational hearing, and copies of any documents submitted to the Department;

(7) A statement where applicable, that the Department has coordinated review of the application with the Department of Natural Resources, the Maryland Historical Trust, and the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(8) Comments submitted by the public or State, federal, or local agencies;

(9) List of interested persons;

(10) For trenchless technology projects:

(a) Design plans and justification for the bore depth; and

(b) If the trenchless technology project involves a bore greater than 12 inches in diameter, the design plans shall be signed, sealed and dated by a professional engineer licensed in the State of Maryland under Business Occupations and Professions Article, §14-301, Annotated Code of Maryland, who prepared or approved the design plans;

(11) For any recommendation to authorize improvements to protect a person’s property against erosion using any measures other than a nonstructural shoreline stabilization measure, such as a living shoreline, an explanation of why the Department granted a waiver under Environment Article, §16-201(c), Annotated Code of Maryland; and

(12) For projects that propose removal of submerged aquatic vegetation, an explanation as to why impacts to that vegetation cannot be avoided.

B. If the Department has suspended processing an application under COMAR 26.24.02.02H, it shall notify the Board, and, upon request from the Board through its Administrator, cease that suspension and complete its report.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.09 Board Action on Applications for Individual Licenses.

A. The Board shall grant or conditionally grant, or deny, an individual license upon determining if issuance of the license is:

(1) Sufficient to the attainment of riparian rights; and

(2) Reasonable in accordance with the best interests of the State.

B. In making its determination, the Board shall:

(1) Consider the recommendations of the Department, the report of the Board’s Administrator, any public testimony at an informational hearing, any documents submitted, and any other relevant information in the record, including any additional oral testimony the Board may elect to hear; and

(2) Take into account:

(a) The varying ecological, economic, developmental, recreational, and aesthetic values that the project presents; and

(b) The State’s public policy to preserve the wetlands and prevent their despoliation and destruction.

C. Review of Application.

(1) The Board, through its Administrator, may request the Department to supplement its Report and Recommendation to address specific concerns relevant to determining either the sufficiency of the proposed project or the best interests of the State.

(2) For any application with interested persons who expressed opposition to the proposed license either in writing to the Department or the Board, or at the public informational hearing, the Board, through its Administrator, shall:

(a) Publish the Department’s Report and Recommendation, including any supplement, on the Board’s website, and

(b) Provide notice of that publication to any interested persons.

(3) Interested persons may submit written comments to the Board after publication of the Department’s Report and Recommendation on the Board’s website under §C(2)(a) of this regulation.

(4) The Administrator shall:

(a) Review the Department’s Report and Recommendation, including any supplement;

(b) Review any comments received within 21 days after publication under §C(3) of this regulation, and may review comments received thereafter;

(c) Submit a written recommendation to Board members stating whether an individual license should be granted, and specifying any appropriate terms and conditions;

(d) Before the Board’s action on an individual license, inform the applicant in writing of the following:

(i) Any monetary compensation in lieu of mitigation recommended under Regulation .11 of this chapter; and

(ii) Any compensation recommended under Regulation .12 of this chapter; and

(e) Make available to Board members all records and documents reviewed and considered in preparing the recommendation submitted under §C(4)(c) of this regulation .

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.10 Terms and Conditions.

A. All conditions take effect upon license issuance, unless specifically stated otherwise.

B. Standard Conditions.

(1) A State tidal wetlands license shall carry standard conditions.

(2) The Board shall approve a template for licenses, including standard terms and conditions, and publish the template on its website.

(3) The Department and the Administrator may recommend to the Board revisions to the license template.

C. Special Conditions.

(1) The Department or the Administrator may recommend to the Board special conditions, or other amendments to the license template, for inclusion in a specific State tidal wetlands license.

(2) Examples of issues that may warrant special conditions include:

(a) Marina facility;

(b) Trenchless technology;

(d) Cultural resources.

(3) Examples of special conditions include:

(a) Mitigation in accordance with Regulation .11 of this chapter;

(b) Compensation in accordance with Regulation .12 of this chapter;

(d) Soil Erosion and Sediment Control plans as required and approved by the Department, applicable soil conservation district, or other approving authority; and

(e) Time of year restrictions requiring that a licensed structure be constructed or activity be performed only during certain time periods to assure protection of fish spawning and nursery habitat, shellfish habitat, submerged aquatic vegetation, or historic waterfowl staging and concentration areas, or to avoid public recreational conflicts.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.11 Mitigation.

A. The Department or the Administrator may recommend:

(1) Mitigation designed to replace the values and functions associated with the wetlands to be impacted as set forth in this regulation and COMAR 26.24.05.01; or

(2) When mitigation is not feasible, monetary compensation in lieu of mitigation.

B. To make the recommendation under §A of this regulation, the Department or the Administrator shall follow the process in COMAR 26.24, including multiplying the acreage of the lost or adversely impacted State tidal wetlands using the following ratios:

Restoration or In-Kind Creation
Open water tidal wetlands	1:1
Emergent tidal wetlands	2:1
Scrub-shrub tidal wetlands	2:1
Forested tidal wetlands	2:1
Tidal wetland habitat for rare, threatened, or endangered species, or species in need of conservation	3:1
Submerged aquatic vegetation and natural oyster bars	3:1
Enhancement or Out-of-Kind Creation
Open water tidal wetlands	2:1
Emergent tidal wetlands	4:1
Scrub-shrub tidal wetlands	4:1
Forested tidal wetlands	4:1
Tidal wetlands habitat for rare, threatened, or endangered species, or species in need of conservation	6:1
Submerged aquatic vegetation and natural oyster bars	6:1

C. If a licensed structure or activity will cause an unavoidable adverse environmental impact or loss of State tidal wetlands, the Board may require:

(1) Mitigation by conditioning the license on restoring, creating in-kind new tidal wetlands, creating out-of-kind new tidal wetlands, or enhancing existing tidal wetlands, or a combination; or

(2) Monetary compensation in lieu of mitigation in an amount the Board determines appropriate.

D. Compensation in lieu of mitigation received under this §C(2) of this regulation is deposited into the Tidal Wetlands Compensation Fund.

Cross References

23.02.04.09C(4)(d)(i)

23.02.04.10C(3)(a)

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.12 Compensation.

A. Except for any license issued to a governmental unit, the Board may require as a license condition that the licensee pay compensation to the State in an amount the Board deems appropriate for the following activities:

(1) Filling to make upland;

(2) Dredging or severance of material unrelated to navigational need; or

(3) Similar nonriparian use.

B. Except for any license issued to a governmental unit, the Board shall require as a license condition that the licensee pay compensation to the State in an amount deemed appropriate by the Board for the following:

(1) Cables, pipelines, or other structures over, on, in, or under State tidal wetlands; and

(2) Nonwater-dependent projects.

C. Compensation for Filling to Make Upland.

(1) When the Board requires compensation for filling to make upland, the licensee shall pay a one-time amount equivalent to the fair market value of the upland created or other amount specified by the Board.

(2) The Administrator shall:

(a) Determine the fair market value of the upland created based on the higher of two appraisals obtained by the licensee, after consulting with the Department of General Services; and

(b) Make a recommendation to the Board on the compensation amount.

D. Compensation for Dredging or Severance of Materials.

(1) The Board may not require compensation for dredging projects involving navigational purposes, beach nourishment, removal of bottom contaminants, or displacement of the bottom during archeological investigations.

(2) When the Board requires compensation for dredging or severance of materials from State tidal wetlands, the licensee shall pay an amount specified by the Board.

(3) The Administrator shall:

(a) Determine an amount based on:

(i) A nonrecurring, nonrefundable charge of $1,000, and a minimum of $250 or $1.75 per cubic yard of dredged or severed material, whichever is greater; or

(ii) Any other rates specified by the Board; and

(b) Make a recommendation to the Board on the amount of compensation.

E. Compensation for Cables, Pipelines, or Other Structures.

(1) The Board shall require compensation for cables, pipelines, or other similar structures over, on, in, or under State tidal wetlands.

(2) The licensee shall pay:

(a) A nonrecurring, nonrefundable charge of $1,000; and

(b) A minimum annual compensation rate of $2.50 per linear foot or an amount specified by the Board.

(3) Each individual cable, pipeline, or similar structure is subject to the annual compensation requirement.

(4) The Administrator shall make a recommendation to the Board on the amount of the annual compensation by multiplying $2.50 by each linear foot by each individual cable, pipeline, or other similar structure.

(5) Five years after issuing the license and every 5 years thereafter, the Board may adjust the per linear foot annual compensation rate to reflect changes in the Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics.

F. Annual Compensation for Nonwater-Dependent Projects on a Pier.

(1) Except for small-scale renewable energy system projects as authorized by Regulation .07B(3) of this chapter, the Board shall require annual compensation for:

(a) Nonwater-dependent projects; and

(b) Projects that materially alter or expand the footprint of an existing nonwater-dependent project.

(2) Calculation of Compensation.

(a) The Administrator shall make a recommendation to the Board on the annual compensation amount that is based on the most recent data provided by the State Department of Assessments and Taxation in the assessment record for the real property to which the nonwater-dependent project is attached.

(b) The annual compensation is computed by:

(i) Multiplying the total square footage of the nonwater-dependent project by a fraction, the denominator of which is the total square footage of the land area of the real property to which the nonwater-dependent project is attached, and the numerator of which is the assessed land value of the real property to which the nonwater-dependent project is attached; and

(ii) Multiplying the rate calculated under §F(2)(b)(i) of this regulation by a percentage considered appropriate by the Board not to exceed 100 percent.

(i) The extent to which the nonwater-dependent project is used on a seasonal or year-round basis;

(ii) The extent of the economic impact of the nonwater-dependent project on the local jurisdiction;

(iii) The nature and extent of the environmental impact of the nonwater-dependent project;

(iv) The extent to which the nonwater-dependent project and, if applicable, its roof or covering, are permanent or temporary;

(v) Any history of violation of the State Tidal Wetlands Law by the licensee;

(vi) Any real property lease rates for the area for a commercial activity similar to the licensee’s or any real property appraisals obtained by the licensee; and

(vii) Any other factor that the Board considers relevant.

G. Compensation received under this regulation is deposited into the Department’s Wetlands and Waterways Program Fund.

Cross References

23.02.04.05C

23.02.04.09C(4)(d)(ii)

23.02.04.10C(3)(b)

23.02.04.18B(3)

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.13 Individual License Issuance.

A. Upon the Board’s favorable action, the Administrator shall:

(1) Prepare the individual license in accordance with the Board’s action;

(2) Transmit the license to the applicant for signature; and

(3) Advise the applicant in writing to sign and return the license to the Administrator, indicating acceptance of the terms and conditions.

B. If an applicant fails within 90 days of transmittal to sign and return an individual license to the Administrator, the Administrator shall notify the applicant in writing that the license is void.

C. Upon receipt of the signed original license, the Administrator shall sign and promptly transmit a copy of the fully signed license to the licensee and the Department.

D. The license is effective when fully signed.

E. Once issued, the license may be modified, suspended, or revoked by the Board in accordance with Regulations .15, .16, and .18 of this chapter.

F. Except for dredging or maintenance dredging, a license authorizes continuing use or structural occupation on State lands and waters if all conditions of the license are met.

Cross References

26.24.02.06A

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.14 License Expiration.

A. Duration.

(1) A general license issued by the Department expires after 3 years, unless extended under Regulation .15 of this chapter.

(2) An individual license expires after 3 years unless:

(a) The Board authorizes a longer initial period for an individual license; or

(b) The license is extended under Regulation .15 of this chapter.

(3) Licenses authorizing periodic maintenance dredging are valid for a maximum period of 6 years.

(4) An emergency license has a period not to exceed the amount of time necessary to abate or mitigate the emergency.

B. Expiration. When the license expires, the licensee:

(1) Shall stop any incomplete activities authorized under the license; and

(2) Except for dredging or maintenance dredging, may continue use or structural occupation on State lands and waters, if all conditions of the license are met.

Cross References

23.02.04.15B(1)

23.02.04.15B(2)

23.02.04.15C

26.24.02.06B

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.15 License Extension.

A. The Department may extend a general license if the licensed activity remains an activity listed in Regulation .05A of this chapter.

B. The Administrator may extend an individual or an emergency license upon receipt of the licensee’s request under §E of this regulation and a favorable written recommendation by the Department, except for the following licenses:

(1) A license for maintenance dredging under Regulation .14A(3) of this chapter; or

(2) Individual licenses for which the Board granted a longer initial period under Regulation .14A(2)(a) of this chapter.

C. The Board may extend an individual license for which the Board granted a longer initial period under Regulation .14A(2)(a) of this chapter upon receipt of the licensee’s request under §E of this regulation and a favorable written recommendation from the Administrator and the Department.

D. Extension Period.

(1) The Department may grant a one-time extension of a general license for a period up to 3 years.

(2) The Administrator may grant a one-time extension of an individual or emergency license for a period up to 3 years.

(3) Additional extensions, beyond the one-time, 3-year extension and extensions under §B of this regulation may be approved by the Board after a recommendation by the Administrator.

E. A licensee shall request an extension in writing to the Department stating the following:

(1) Reason the structure or activity could not be constructed or performed within the license period;

(2) Revised schedule for completion of the structure or activity; and

(3) Assurances that all other State, federal, and local approvals either have not expired or have been authorized or extended.

F. An expired license may not be extended but requires reapplication under Regulation .06 of this chapter.

G. If a written request for extension is received at least 2 weeks before a license expires, the license will continue to be valid until a final decision is issued by either the Administrator or the Board, whichever is applicable.

Cross References

23.02.04.14A(1)

23.02.04.14A(2)(b)

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.16 License Modification.

A. A licensee or the Department may request in writing that the description of the authorized structure or activity or the conditions of an individual or emergency license be modified and shall state the reason for the request.

B. The Administrator may modify an individual or emergency license if the Department provides a favorable written recommendation and:

(1) The modification is minor; or

(2) The Department determines that the structure or activity or the license conditions require modification to correct adverse environmental impacts.

C. A minor modification means:

(1) A reduction in the scope of the originally authorized work;

(2) Revisions to the project plans or specifications that are nominal and would otherwise be approved, and conditions at the site have not changed since the previous review; or

(3) Waiving or modifying time of year restrictions after consultation with the Department of Natural Resources.

D. After consulting with the Department, the Administrator shall either:

(1) Grant the modification request by revising the original license; or

(2) Deny the modification request in writing, including the reason for the denial and the procedure for appealing the modification denial.

E. After consulting with the Department, the Administrator may:

(1) Recommend approval to the Board of a license modification not qualifying for consideration under §B of this regulation; or

(2) Require the modification to be submitted as a reapplication under Regulation .06 of this chapter.

F. A new license issued after reapplication and approval supersedes the original license.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.17 License Transfer.

A. The Administrator may transfer a license upon receipt of a written request, with supporting documentation, from the new riparian landowner, the licensee’s successor in interest, or the new holder of the riparian rights.

B. The Administrator shall mail the new license to the licensee for signature.

C. Upon receipt of the signed license, the Administrator shall sign and promptly transmit a copy of the fully signed license to the licensee and the Department.

D. Terms and conditions of the transferred license remain the same as the original license.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.18 License Suspension or Revocation.

A. The Board or its designee may suspend or permanently revoke a license when the action is considered to be in the State’s interest, after consulting with the Administrator and the Department.

B. Grounds for suspension or revocation include:

(1) Violation of:

(a) Environment Article, Title 16, Annotated Code of Maryland;

(b) COMAR 26.24; or

(2) Failure of a licensee to comply with the requirements of an administrative action or order of the Department issued under COMAR 26.24 or 26.08.02, when appropriate;

(3) Failure of a licensee to pay compensation imposed in accordance with Regulation .12 of this chapter;

(4) Violation of the license;

(5) Misrepresentation in the application or failure to disclose a relevant and material fact;

(6) Substantial deviation from the plans, specifications, or terms and conditions of a license;

(7) Failure of the licensee to permit a representative of the Department to enter the site to make reasonable inspection at a reasonable hour; or

(8) Circumstances when the licensee’s rights under a license have not vested and receipt of new information, changed site conditions, or amended regulatory requirements necessitate suspension or revocation.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

COMAR 23.02.04.19 Appeals.

A. The Administrator shall promptly notify, by certified mail, the applicant and all other interested persons who provided written or oral comments to the Board of the Board’s action to grant, deny, modify, suspend, or revoke a license.

B. Within 30 days after receiving the Board’s decision, any person with standing may petition the circuit court in the county where the land is located.

C. A person has standing to file a petition under §B of this regulation if the person:

(1) Meets the threshold standing requirements under federal law; and

(2) Is the applicant or participated in the public process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

D. The Board shall compile the record that was before them and submit it to the circuit court where the petition was filed.

E. An appeal is a petition for judicial review and shall be conducted in accordance with Environment Article, Title 1, Subtitle 6, Annotated Code of Maryland, and is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

Administrative History: Effective date: February 14, 1994 (21:3 Md. R. 195)
Administrative History: Regulation .01A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .02A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .03B amended effective January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .04 amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .05A, C amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .06A, C, G amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .11A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .12A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .14D amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .15 amended effective January 31, 2005 (32:2 Md. R. 148); January 21, 2013 (40:1 Md. R. 22)
Administrative History: Regulation .16A amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .17B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .20B amended effective June 17, 1996 (23:12 Md. R. 873)
Administrative History: Regulation .21 repealed effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .22A amended effective June 17, 1996 (23:12 Md. R. 873); January 31, 2005 (32:2 Md. R. 148); January 16, 2006 (33:1 Md. R. 37)
Administrative History: Regulation .22C amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: Regulation .23 amended effective January 31, 2005 (32:2 Md. R. 148)
Administrative History: ——————
Administrative History: Regulations .01—.23 repealed and new Regulations .01—.19 adopted effective June 28, 2021 (48:13 Md. R. 510)
Authority: Environment Article, §§16-201—16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

23.02.05 Pictures of Abducted Children

COMAR 23.02.05.01 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Agency” means the Department of General Services, the Department of Transportation, or the University System of Maryland.

(2) "Center" means the Maryland Center for Missing Children, a unit of the Criminal Intelligence Division of the Department of State Police.

(3) Facility.

(a) “Facility” means any single building or group of buildings in the same location under the control of or managed by an agency.

(b) “Facility” includes an office complex and an educational campus.

(4) “Superintendent” means the chief of operations of a facility or the designee of the chief of operations.

History

Administrative History: Effective date: August 25, 1997 (24:17 Md. R. 1217)
Authority: State Finance and Procurement Article, §4-209, Annotated Code of Maryland

COMAR 23.02.05.02 Posting of Pictures in Facilities.

A. Each superintendent shall designate which building or buildings within a facility are appropriate for the display of pictures of missing children.

B. In each designated building, the superintendent shall allocate space for the display of pictures of missing children.

C. In the space allocated under §B of this regulation, the superintendent shall display the pictures of children abducted in non-custody-related abductions, which the Center submits for display.

D. The superintendent may control the size and manner of a display, including the number of pictures and the length of time for which the pictures are to be displayed.

E. In making a determination under §§A—D of this regulation, the superintendent may consider, at the superintendent's absolute discretion:

(1) The needs of the agency;

(2) The amount of pedestrian traffic;

(3) The facility's resources; and

(4) Any other factor reasonably related to the determination.

History

Administrative History: Effective date: August 25, 1997 (24:17 Md. R. 1217)
Authority: State Finance and Procurement Article, §4-209, Annotated Code of Maryland

COMAR 23.02.05.03 Duties of the Center.

A. The Center is the central clearinghouse for distribution of pictures to facilities for display.

B. The Center shall:

(1) Determine which pictures of children abducted in non-custody-related abductions should be submitted for display;

(2) Distribute current pictures to superintendents for display; and

(3) Notify superintendents when a picture should no longer be displayed.

C. Law enforcement agencies and nonprofit advocacy groups for abducted children shall work through the Center to submit pictures of missing children for display.

History

Administrative History: Effective date: August 25, 1997 (24:17 Md. R. 1217)
Authority: State Finance and Procurement Article, §4-209, Annotated Code of Maryland

COMAR 23.03.01 Terminology [Transferred to COMAR 14.39.01]

History

Administrative History: Effective date: May 21, 2007 (34:10 Md. R. 891)
Administrative History: Regulation .01B amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: ——————
Administrative History: COMAR 23.03.01 transferred to COMAR 14.39.01 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

COMAR 23.03.02 Administration of the Public School Construction Program [Transferred to COMAR 14.39.02]

History

Administrative History: Effective date: May 21, 2007 (34:10 Md. R. 891)
Administrative History: Regulation .01B amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .01-1 adopted effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .02A amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .03 amended effective November 2, 2009 (36:22 Md. R. 1725); November 14, 2011 (38:23 Md. R. 1423)
Administrative History: Regulation .04C amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .04F adopted effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .05B amended effective November 14, 2011 (38:23 Md. R. 1423); September 28, 2015 (42:19 Md. R. 1229)
Administrative History: Regulation .05B, C amended effective November 2, 2009 (36:22 Md. R. 1725); February 26, 2018 (45:4 Md. R. 208)
Administrative History: Regulation .06 amended effective March 22, 2010 (37:6 Md. R. 480)
Administrative History: Regulation .06H amended effective September 28, 2015 (42:19 Md. R. 1229)
Administrative History: Regulation .11 amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .11I amended effective August 1, 2016 (43:15 Md. R. 865)
Administrative History: Regulation .11J adopted effective September 11, 2017 (44:18 Md. R. 866)
Administrative History: Regulation .12 amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .12B amended effective September 11, 2017 (44:18 Md. R. 866)
Administrative History: Regulation .13 amended effective November 14, 2011 (38:23 Md. R. 1423)
Administrative History: Regulation .13A, B amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .14 amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .15B amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .16 amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .23D amended effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .24E, F repealed effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .24-1 adopted effective November 2, 2009 (36:22 Md. R. 1725)
Administrative History: Regulation .28 adopted effective November 14, 2011 (38:23 Md. R. 1423)
Administrative History: Regulation .29 adopted effective November 14, 2011 (38:23 Md. R. 1423)
Administrative History: Regulation .29 amended effective November 24, 2014 (41:23 Md. R. 1376)
Administrative History: ——————
Administrative History: COMAR 23.03.02 transferred to COMAR 14.39.02 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

COMAR 23.03.03 Construction Procurement Methods [Transferred to COMAR 14.39.03]

History

Administrative History: Effective date: May 21, 2007 (34:10 Md. R. 891)
Administrative History: Regulation .04C amended effective November 14, 2011 (38:23 Md. R. 1423)
Administrative History: ——————
Administrative History: COMAR 23.03.03 transferred to COMAR 14.39.03 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

COMAR 23.03.04 Project Delivery Methods [Transferred to COMAR 14.39.04]

History

Administrative History: Effective date: May 21, 2007 (34:10 Md. R. 891)
Administrative History: ——————
Administrative History: COMAR 23.03.04 transferred to COMAR 14.39.04 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

COMAR 23.03.05 Alternative Financing [Transferred to COMAR 14.39.05]

History

Administrative History: Effective date: May 21, 2007 (34:10 Md. R. 891)
Administrative History: Regulation .02 amended effective September 28, 2015 (42:19 Md. R. 1229)
Administrative History: ——————
Administrative History: COMAR 23.03.05 recodified to be COMAR 14.39.05 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

COMAR 23.03.06 Relocatable Classroom Indoor Environmental Quality Standards [Transferred to COMAR 14.39.06]

History

Administrative History: Effective date: September 28, 2015 (42:19 Md. R. 1229)
Administrative History: ——————
Administrative History: COMAR 23.03.06 recodified to be COMAR 14.39.06 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)