Sec. 26.17.04.03. Requirements for a Permit

A. Except as set forth in D and E of this regulation, a person who proposes to construct, reconstruct, repair, or alter a dam, reservoir, or waterway obstruction, or change in any manner the course, current, or cross section of a stream or body of water within the State except tidal waters, including any changes to the 100-year frequency floodplain of free-flowing streams shall obtain a permit from the Administration before commencing any work.

B. If the construction, reconstruction, repair, or alteration of the proposed works is for the purpose of obtaining a new or increased supply of water for any use for which an appropriation permit is required by law or regulation, the applicant shall also apply to the Administration for this permit. The Administration shall establish the order in which the applications may be considered or may require the applications to be submitted and considered concurrently.

C. The latest flood insurance studies prepared by the Federal Emergency Management Agency shall serve to delineate, at a minimum, the extent of the 100-year floodplain of free-flowing waters. The applicant shall furnish the Administration with hydrologic and hydraulic computations to establish the elevation of the 100-year frequency flood event.

D. Exemptions. The following activities are exempted from the requirements for a permit from the Administration under this chapter:

(1) Filling, dredging, or construction of any work in the tidal portions of the waters of the State; filling, dredging, or construction, in these areas, may require a wetlands license or permit under the provisions of Environment Article, Title 16, Annotated Code of Maryland;

(2) Agricultural drainage systems, for the purpose of lowering the level of water in the soil, with a total drainage area of 2,500 acres or less except that a drainage system financed or managed by a public drainage association is exempt only if a plan for construction, operation, and maintenance has been approved by the Secretary of Agriculture under the Agriculture Article, §8-603, Annotated Code of Maryland;

(3) The removal or demolition of residential structures;

(4) A small pond which meets the requirements of Regulation .05G of this chapter.