Sec. 26.24.04.01-2. Nonstructural Shoreline Stabilization Waiver Process

A. A person who applies for a waiver from the requirement to construct a nonstructural shoreline stabilization measure under Regulation .01C of this chapter shall:

(1) Use the form provided by the Department; and

(2) Complete the waiver process before submitting an application to obtain a wetlands license from the Board or a general wetlands license, wetlands permit, or general wetlands permit from the Department under COMAR 26.24.02.

B. When evaluating a person’s request for a waiver, the Department shall determine whether the site is suitable to support a nonstructural shoreline stabilization measure by considering:

(1) The width of the waterway;

(2) The bottom elevation and slope at mean low water;

(3) The bottom substrate:

(4) The fetch;

(5) The bank elevation and orientation;

(6) The degree of erosion;

(7) The height and regularity of tides;

(8) Any other physical constraints that would impede or prevent successful establishment of a nonstructural shoreline stabilization measure; and

(9) Any other relevant environmental resources, including a Critical Area buffer and other plant, fish, and wildlife habitat, and the likely adverse or protective impact of a nonstructural shoreline stabilization measure on those resources in comparison to the likely adverse or protective impact of a structural shoreline stabilization measure on those resources.

C. A person may obtain a waiver from the requirement to use a nonstructural shoreline stabilization measure if, to the Department's satisfaction, a structural shoreline stabilization measure is the only feasible alternative that will protect and maintain the person’s shoreline.