Maryland Administrative Code

.05 Annual Report. A. On or before March 1 of each year, a local government shall submit an annual report to the Department which contains the: (1) Number, location, and types of projects permitted since the last annual report; (2) Amount and location of acres cleared, conserved,…

.01 Ordinance for Local Program. The following Model Ordinance shall be to assist and guide in the development of a local program. This Model Ordinance will further enable each unit of local government with planning and zoning authority to determine the size, location and orienta…

.01 Application. A. Development Activities. The following development projects or development activities on areas 40,000 square feet or greater shall be subject to this chapter's provisions: (1) On or after July 1, 1992, any construction, grading, or sediment control activity, or…

.02 Forest Stand Delineation Submittal Procedures. A. The Department shall: (1) Review an application for a forest stand delineation to determine whether it is complete and correct; and (2) Acknowledge receipt of the application in writing by regular mail. B. The Department shall…

.03 General Forest Conservation Plan Provisions. A. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site. B. If existing forest on the site subject to a forest conservation plan cannot be retained, the…

.04 Preliminary Forest Conservation Plan Submittal Procedures. A. A preliminary forest conservation plan shall: (1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; an…

.05 Final Forest Conservation Plan Submittal Procedures. A. A final forest conservation plan shall: (1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and (2) Exhibi…

.06 State Procedures for Minor Development Projects. A. An applicant may file the forest stand delineation and the forest conservation plan in a single submittal, if the following requirements are met: (1) The activity is a minor development project as defined in COMAR 08.19.01.0…

.07 Afforestation and Retention. A. A person subject to this subtitle making application for subdivision approval, project plan approval, grading permit, or sediment control permit shall: (1) Conduct afforestation on the lot or parcel in accordance with the following: (a) A tract…

.08 Reforestation. A. Forest conservation thresholds are established for each land use category, as provided in §B of this regulation. The forest conservation threshold is the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre…

.09 State Forest Conservation Fund. A. Payments by an applicant made instead of afforestation or reforestation shall be used only for the costs associated with reforestation and afforestation, including site identification, acquisition, preparation, maintenance of existing forest…

.10 Variance. A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant. B. An appli…

.11 Public Notice. A. The Department shall issue a public notice of an opportunity to submit written comments or to request a public hearing after the Department has determined that applications for the following are complete: (1) Forest conservation plan; or (2) Submittal of a m…

.12 Public Information Hearing. A. An interested person may request in writing a public information hearing. B. If requested, a public information hearing shall be held on a forest conservation plan or a minor subdivision plan application within 45 days of the expiration date spe…

.13 Approval Decision and Appeal. A. Approval Decision. (1) After the closing date for receipt of written comments and after a public information hearing, if a hearing has been requested, the Department shall: (a) Consider the written comments, testimony, and other information re…

.14 Inspections. A. The State shall conduct at least three field inspections of a site subject to an approved forest conservation plan as follows: (1) The first inspection shall take place before a construction activity begins to determine whether forest protection measures have …

.01 Short-Term Protective Agreements. A. Maintenance Agreements. (1) Application. A person required to conduct afforestation or reforestation under a local or State program shall include in the forest conservation plan a binding maintenance agreement for the minimum length of 2 y…

.02 Long-Term Protective Agreements. A. An applicant under the State or local program shall have in effect at all times approved long-term protective measures as provided for in Natural Resources Article, §5-1607, Annotated Code of Maryland, to retain as forest all land forested,…

.01 Qualified Professional. A. An individual may prepare a forest stand delineation or a forest conservation plan, if the individual: (1) Is a licensed forester; (2) Is a licensed landscape architect; (3) Is approved by a local program for work in that jurisdiction and the progra…

.02 Training. A. Seminars for Local Officials. (1) The Department shall provide a training program to assist local officials in the development of local programs, including one seminar per year for each geographic region of the State for the calendar years of 1992 and 1993. (2) F…

.03 Enforcement. A. Application. (1) The provisions of this chapter apply to a person: (a) Under the State program making application for a subdivision or project plan, grading, or sediment control permit, on areas 40,000 square feet or greater; and (b) Violating the terms and pr…

.04 Statewide Forest Resource Inventory. A. By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that includes: (1) A list of priority areas for reforestation or afforestation of both publicly and privately owne…

.01 Applicability. These guidelines are applicable to the Maryland Department of Labor and to all boards, commissions, or agencies assigned to the Department.

.02 Purpose. The purpose of these guidelines is to establish Departmental procedures for the preparation, review, and circulation of Environmental Effects forms and reports in compliance with the Maryland Environmental Policy Act. These guidelines specifically incorporate by refe…

.03 Policy. All Boards, commissions, and agencies within the Maryland Department of Labor shall give appropriate consideration to possible environmental effects which may arise in conjunction with any Agency proposal or action. Environmental Assessment forms and Environmental Eff…

.01 Scope. A. This chapter governs procedures for all contested case hearings of an administrative unit within the Department, with the exception of hearings conducted under the following: (1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and correspond…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “ALJ” means an Administrative Law Judge appointed under State Government Article, §9-1604, Annotated Code of Maryland. (2) “Administrative Procedure Act” means State Govern…

.03 Complaints. A. A complaint to an administrative unit may be made by any person or administrative unit. B. The complaint shall be in writing, and shall state the facts on which the complaint is based. C. In response to a complaint, an administrative unit may take one or more o…

.04 Applications. A. An applicant who has been notified that a new or renewal license, certificate, registration, or permit, has been, or may be, denied may request a hearing before an administrative unit. B. The administrative unit shall hold a hearing to provide the applicant a…

.05 Hearing Notice. A. An administrative unit shall provide reasonable written notice of a hearing to the parties. B. The hearing notice shall contain: (1) The date, time, place, and nature of the hearing; (2) A statement of the right to present witnesses, documents, and other fo…

.06 Charging Document. A. The charging document shall be attached to the notice of hearing or incorporated in it. B. The charging document shall contain at least: (1) The facts asserted, or if the facts cannot be stated in detail, the issues involved; (2) The pertinent statutory …

.07 Service of Notices, Orders, and Other Documents. A. Except as provided in §B of this regulation or by prior agreement of the parties, the administrative unit shall serve all notices, orders, and other documents in one of the following ways: (1) By personal delivery; (2) By ma…

.08 Representation. A. A party to a proceeding may: (1) Appear in person or, if appearance by a representative is permitted by law, through a representative; or (2) Be represented by an attorney authorized to practice in Maryland. B. Any notice, decision, or other matter required…

.09 Failure to Appear. A hearing may proceed as scheduled in the absence of a party if the party has: A. Been served in accordance with Regulation .07 of this chapter; and B. Failed to obtain a postponement of the hearing from the administrative unit under Regulation .10 of this …

.10 Postponement. A. An administrative unit may postpone a hearing for good cause only if a written request for postponement is filed with the administrative unit not later than 10 days before the date of the hearing. B. If a request for postponement is received later than 10 day…

.11 Discovery. There is no prehearing discovery.

.12 Subpoenas. A. On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the cont…

.13 Conduct of the Proceedings. A. A quorum of the administrative unit shall be present for the hearing. B. The presiding officer, in consultation with counsel, shall determine all procedural and evidentiary issues governed by this chapter and by the Administrative Procedure Act,…

.14 Evidence. The rules of evidence under this chapter shall be under State Government Article, §10-213, Annotated Code of Maryland.

.15 Interpreters. A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, and applies to the administrative unit in advance of the hearing for the appointment of a qualified interpreter to assist that party or witness, the admini…

.16 Burden of Proof. A. In the hearing of a contested case involving allegations that the respondent violated a law or regulation, the presenter of evidence for the administrative unit shall bear the burden of proving, by a preponderance of the evidence, that the respondent commi…

.17 Public Hearings. Unless otherwise provided by statute, all hearings conducted under this chapter are open to the public.

.18 Recording. A. The administrative unit shall cause the proceedings to be recorded. B. The record need not be transcribed unless requested by a party or the administrative unit. C. The cost of a typewritten transcript of any proceeding or part of a proceeding shall be paid by t…

.19 Recusal. A member of an administrative unit shall be recused from the review of a complaint and from participating in a hearing if the individual: A. Has personal knowledge of the facts which gave rise to the complaint; B. Has a personal or business relationship with any of t…

.20 Decisions. A. After consideration of the testimony and other evidence, the administrative unit shall issue a written final order setting forth an appropriate disposition agreed to by a majority of the members of the unit who participated in the hearing. B. A member who was no…

.21 Judicial Review. A party aggrieved by the final decision in a contested case is entitled to judicial review of the decision under State Government Article, §10-222, Annotated Code of Maryland.

.01 Scope. A. Except as provided in §B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, §10-205, Annotated Code of Maryland. …

.02 Definitions. The definitions in COMAR 09.01.02.02 apply to this chapter.

.03 Applicability. An administrative unit, after consultation with the Office of the Attorney General, may refer contested cases to the Office of Administrative Hearings. The administrative unit shall advise the Office of Administrative Hearings of the scope of authority delegate…

.04 Discovery. There is no prehearing discovery.