Code of Maryland Regulations
Title 26 - DEPARTMENT OF ENVIRONMENT
Part 1 - SUBTITLES 01-07
Subtitle 03 - WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING
Chapter 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section)
Section 26.03.08.03 - General Provisions

Universal Citation: MD Code Reg 26.03.08.03

Current through Register Vol. 52, No. 6, March 21, 2025

A. Financial Assistance for Control of Nonpoint Sources of Agriculturally Related Water Pollution.

(1) Except for the provisions promulgated in §A(2)-(4), all requirements for State financial assistance for control of nonpoint sources of agriculturally related water pollution are contained in the Department of Agriculture's regulations, COMAR 15.01.05.

(2) Notwithstanding limitations in the percent of eligible costs set forth in COMAR 15.01.05, grants awarded to governmental entities or for projects on State-owned land may be awarded for up to 100 percent of the total eligible cost of a project.

(3) In awarding the grants, the Department will consider both the applicant's financial capability to cost share and any resultant economic benefit in determining the extent of any matching dollar amount.

(4) The Department shall award the grants only after prior consultation with the Secretary of Agriculture.

B. The Board of Public Works, upon recommendation made by the Department of the Environment in accordance with these regulations, may award grants or loans to State and local governmental entities for the eligible costs of projects that will provide protection, restoration, and improvement of the quality of the waters of the State. The Department, in consultation with the Secretaries of State Planning, Natural Resources, Agriculture, and Housing and Community Development, shall establish priority systems for determining which projects shall receive financial assistance.

C. An applicant shall obtain all applicable federal, State, and local permits, including construction, discharge, highway, waterway and wetland permits, and comply with all other applicable federal and State laws before application to the Board of Public Works for the grant or loan. Initiation of construction before approval of the Board of Public Works may disqualify the project for financial assistance.

D. The proposed project shall be subject to State Clearinghouse review procedures found in COMAR 16.02.01 at the preapplication stage and again at the application stage if there is a substantial change in the scope of the project.

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