Volume 25, Number 12 ● September 21, 2017
Get Your Instream Work Done - Use III Time of Year Restriction Approaching in Maryland
Jabez Branch - a Use III waterway in Anne Arundel County, MD
The instream work time-of-year restriction (TOYR) within Use III waterways in Maryland – nontidal cold waters - is rapidly approaching. The TOYR, which goes into effect on October 1 and ends on April 30¹, prohibits instream work such as road construction, utility line and stream diversion installation, and stream restoration activities. Use III waterways are generally located in western Maryland, northern Montgomery County, Howard County, Carroll County, Baltimore County, and Cecil County.
Maryland Department of the Environment's inspectors will visit job sites to ensure that instream work is not occurring during the restriction period, and will shut down work on those projects that are in violation. Avoid costly delays by planning your instream work around the restriction period. Before beginning construction, be aware of your stream use classification and associated time of year restriction period, which is listed as a condition on your state wetland permit. If you are unsure of your stream use classification or TOYR period, please contact Mike Klebasko, Ken Wallis, or Scott Petrey in our Maryland office for more information.
1. Code of Maryland Regulations 26.17.04.11.B.5: "Proposed projects that eliminate or significantly and adversely affect aquatic or terrestrial habitat and their related flora and fauna are not in the public interest. At a minimum, all in-stream construction shall be prohibited from October through April, inclusive, for natural trout waters and from March through May, inclusive, for recreational trout waters. In addition, the construction of proposed projects, which may adversely affect anadromous fish spawning areas, shall be prohibited from March 15 through June 15, inclusive. For projects when there is no reasonable alternative to the adverse effects on nontidal wetlands or other aquatic or terrestrial habitat, the applicant shall be required to provide measures to mitigate, replace, or minimize the loss of habitat."