§ 18-102

(a) The Department may authorize a stream and floodplain restoration project in accordance with this section.

(b) Prior to the authorization of any stream and floodplain restoration project in the State, the Department shall:

(1) Assess documentation submitted by the project applicant for degradation criteria related to:

(i) An existing biological function–based parameter; and

(ii) A physical parameter, including an existing geomorphologic or hydraulic function–based parameter;

(2) Assess whether the project applicant incorporated the following cobenefits, as appropriate, into the application:

(i) The creation or restoration of wildlife habitat, riparian buffers, and wetland restoration;

(ii) The restoration of aquatic resources, such as freshwater mussels, fish passage, or oyster reefs;

(iii) Carbon sequestration;

(iv) Climate change mitigation, adaptation, or resilience;

(v) Improving and protecting public health; and

(vi) Recreational opportunities and public access to waterways and natural habitats;

(3) Assess documentation of community notifications conducted by the project applicant prior to the submission of the application;

(4) Assess whether the applicant incorporated, to the extent practicable, recognized best management practices to:

(i) Maximize ecological uplift;

(ii) Minimize:

1. Impacts to wildlife habitats;

2. Tree loss and removal;

3. Earth disturbance; and

4. Disturbance to native vegetation;

(iii) Avoid impacts to:

1. Large noninvasive native plant communities; and

2. Specimen trees;

(iv) Use existing areas suitable for material staging areas to avoid forest removal;

(v) Limit construction access road widths;

(vi) Limit the impacts of ingress and egress points to minimize forest impacts; and

(vii) Where appropriate, prioritize the removal of nonnative and invasive:

1. Trees; and

2. Vegetation; and

(5) Establish a plan to provide for at least 5 years of monitoring in accordance with subsection (d) of this section.

(c) The Department’s assessment review required under subsection (b)(3) of this section shall include:

(1) Whether the project applicant provided notice as required in § 18–101 of this title;

(2) Whether the project applicant conducted a public meeting as required in § 18–101(d) of this title;

(3) Whether the project applicant placed appropriate project signage;

(4) Whether the project applicant considered the project’s compatibility with local land use, especially in urban, suburban, and other high–visibility areas;

(5) Whether and how the project applicant considered and responded to relevant public input, including any resulting modifications to the project; and

(6) How the project applicant considered public input in the final application design.

(d) (1) On completion of a stream and floodplain restoration project, the Department shall provide for at least 5 years of monitoring per the design and permit associated with the design for each authorized project.

(2) The monitoring required under this subsection shall include an assessment of stream stability, stream and floodplain function, and vegetation viability within the affected project area.