Sec. 27.02.05.13. Anadromous Fish Propagation Waters

A. Definition. "Anadromous fish propagation waters" means those streams that are a tributary to the Chesapeake Bay where spawning of anadromous species of fish (for example, rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are designated by the Tidewater Administration of the Department of Natural Resources. For purposes of this regulation, "streams" refers to designated anadromous fish propagation waters within the Critical Area.

B. Criteria. When planning or proposing development on State-owned lands within the Critical Area, the agency proposing the development shall use the following criteria:

(1) The agency shall, with the assistance of the Department of Natural Resources, identify whether the development will occur in the watersheds of anadromous fish spawning streams.

(2) If the development will occur in those watersheds, the following measures shall be used:

(a) The installation or introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited unless it can be demonstrated that water quality and fisheries habitat can be improved.

(b) Channelization or other physical alterations which may change the course or circulation of a stream and thereby interfere with the movement of fish shall be prohibited.

(c) The agency shall develop measures for avoiding adverse impacts of any activities occurring on those portions of any watershed within the Critical Area which drain into anadromous fish spawning streams. These measures shall address at least the following objectives:

(i) Minimize development activities or other land disturbances in the watershed;

(ii) Maintain, or if practicable, improve water quality in streams;

(iii) Minimize, to the extent possible, the discharge of sediments into streams; and

(iv) Maintain, or if practicable, increase the natural vegetation of the watershed.

(3) State agencies shall also use all of the following complementary State laws and regulations:

(a) The construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms in streams shall be prohibited. If practical, the removal of existing barriers shall be effected (COMAR 08.05.03.05).

(b) The agency shall assure that the construction, repair, or maintenance activities associated with bridges, or other stream crossings or with utilities and roads, which involve disturbance within the Buffer or which occur instream, as described in COMAR 08.05.03.11B(5), shall be prohibited between March 1 and May 15.