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Senate Bill 590/House Bill 1193 Statute of Limitations House Bill 973 Living Shoreline Protection Act of 2008 House Bill 1056 Wetlands and Waterways Program Fees.
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Senate Bill 590/House Bill 1193 Statute of LimitationsHouse Bill 973 Living Shoreline Protection Act of 2008House Bill 1056 Wetlands and Waterways Program Fees
Senate Bill 590/House Bill 1193 amends Subsection 1-303 of the Environment Article by increasing the statute of limitations from 1 year to 3 years.“A criminal prosecution or suit for a civil penalty for violation of any provision of this Article or any rule, regulation, order, or permit adopted or issued under this Article, shall be instituted within 3 years after the date the Department know or reasonably should have known of the violation.”
House Bill 973 amends Subsection 16-201 of the Environment Article and focuses on: The retention of natural shoreline form The enhancement of habitat and ecological function along the shoreline The use of wetland creation and habitat enhancement projects, if technologically and ecologically appropriate, wherever shoreline protection is necessary
BULKHEAD This type of shoreline protection was standard construction prior to 1980.
STONE REVETMENT This type of shoreline protection replaced bulkheads in the mid 1980’s.
LIVING SHORELINE This type of shoreline protection technique is preferable to bulkheads and stone revetment. Goose Exclusion Fence Sand Containment Structure
LIVING SHORELINE This is the preferred shoreline protection technique with low profile stone sill and opening for tidal flushing and movement of aquatic organisms. Stone Sill Flushing Vent
THE “IDEAL” LIVING SHORELINE* *Living Shorelines for the Chesapeake Watershed, Chesapeake Bay Foundation
House Bill 1056 amends the Waterway Construction Act, Tidal Wetlands Act and the Nontidal Wetlands Protection Act by: Establishing application fees for “Minor” and “Major” project Establishing certain exemptions from the fee Providing for the adjustment of the fees based on the annual Consumer Price Index
House Bill 1056 amends the Waterway Construction Act, Tidal Wetlands Act and the Nontidal Wetlands Protection Act by: Creating the Wetlands and Waterways Program Fund, specifying the composition of the Fund, establishing the use of the Fund, and requiring the Department to submit an annual report accounting for the financial receipts deposited into the Fund and expenditures from the Fund
House Bill 1056 requires the Department to:Review the joint permit process and develop an action plan to improve its efficiency by 01/01/2009 and implement the action plan by 01/01/2010 Convene a workgroup to review implementation of HB 1056, including the number of new positions, processing times, customer service, and funding requirements and report to the Legislature by 12/01/2011
The fee schedule established in House Bill 1056: Provides an incentive to reduce impacts by increasing fees as the impact increases in size Requires 98% of the applicants who are charged a fee to pay either a minor application fee or the lowest major application fee Exempts State and local governments from paying the fee
APPLICATION FEES APPLICATION IMPACT FEE PERCENT Minor < 5,000 SQ. FT. $750 45 Minor Modification < 5,000 SQ. FT. $500 Major < ¼ ACRE $1,500 53 ¼ ACRE to < ½ ACRE $3,000 1 ½ ACRE to < ¾ ACRE $4,500 0.4 ¾ ACRE to < 1 ACRE $6,000 0.4 > 1 ACRE $7,500 / ACRE 0.2
BUDGET FUND SOURCE AMOUNT PERCENT POSITIONS 2009 General Fund Request $3.1 Million 54 43 HB 1056 Special Fund $2.6 Million 46 34 TOTAL $5.7 Million 100 77