Tidal Wetland Regulations for Living Shorelines formalize the requirements of the Living Shorelines Protection Act passed by the Maryland General Assembly during the 2008 Legislative Session. In Maryland, Living Shorelines are the preferred method of shore protection as they trap sediment, filter pollution, and provide important aquatic, terrestial habitat, and control shoreline erosion.
Key Provisions of the Living Shoreline Regulations
1) Improvements to protect a person’s property against shoreline erosion must consist of marsh creation or other nonstructural shoreline stabilization measures, i.e. Living Shorelines, that preserve the natural environment unless a Waiver is obtained. Criteria to qualify for a waiver are detailed below. A person wishing to build a structural shoreline stabilization project must submit an approved Waiver with any application for a Tidal Wetlands License.
2) An applicant for a Tidal Wetlands License to construct a shore erosion control measure must submit the following information:
a) Joint Federal/State Application for the Alteration of any Tidal Wetland in Maryland
b) A proposed Critical Area Buffer Management Plan
c) A signed Critical Area Buffer Notification Form
d) A Living Shoreline Waiver Request Worksheet (unless applying for a living shoreline)
Criteria for Obtaining a Living Shoreline Waiver
A property owner meeting one of the following criteria may obtain a waiver to the requirement to build a nonstructural shore erosion control measure:
1) The project shoreline is mapped as an area appropriate for structural shoreline stabilization measures and displayed on the Maryland Department of the Environment’s website.
2) The project site is not suitable for the effective use of a Living Shoreline due to site characteristics, include, but not limited to, excessive erosion, severe high energy conditions, extreme water depths, narrowness of the waterway, softness of the bottom substrate.
Living Shoreline Waiver Request Worksheet
To determine if a site is eligible for a Living Shoreline Waiter, please complete the Waiver Request Worksheet and email a copy to the Tidal Wetlands Reviewer. Contact inforomation for the Tidal Wetlands Reviewer can be found on our
Program Contacts Page. The Reviewer may determine that a
PreApplication site visit is necessary.
For more information about living shorelines, please view our Protecting and Enhancing Your Shoreline website.
