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This entry was published on 2014-09-22
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SECTION 55-0117
Comprehensive management plan; approval
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 55
§ 55-0117. Comprehensive management plan; approval.

1. The planning entity shall:

(a) consult with appropriate officials of any local, state or federal
agency which has jurisdiction over lands and waters within the area;

(b) consult with the officials of any municipality which has
jurisdiction over lands and waters within areas designated or proposed
as special groundwater protection areas;

(c) consult with interested professional, scientific and citizens'

(d) consult with citizen's advisory committees;

(e) transmit any draft and final plan to all affected municipalities
for review and comment; and

(f) conduct public hearings at places within the area, and at such
other places as may be appropriate, for the purpose of providing
interested persons with an opportunity to express their views with
respect to matters covered by the plan.

2. The plan shall be submitted to the commissioner. The plan shall be
accompanied by a transmittal letter in which the planning entity
certifies that:

(a) the plan when implemented will achieve its stated water quality
objectives and protect the ecological values of the special groundwater
protection area which are significant for maintenance of water quality;

(b) the plan requires the exercise of land use and zoning
responsibilities to the greatest extent practicable to regulate the use
of land and water resources in a manner consistent with the purposes of
this article;

(c) the planning entity has afforded adequate opportunity, including
public hearings, for public governmental involvement in the preparation
and review of the plan, and whether such review and comment thereon were
considered in the plan; and

(d) the extent to which adequate assurances have been received from
appropriate local officials that the recommended implementation program
identified in the plan will be initiated within a reasonable time after
the date of approval of the plan and such program will insure effective
implementation of the local aspects of the plan.

3. The commissioner shall review the plan and within ninety days
certify that the plan conforms with all applicable state laws, official
rules and regulations, state water resource management plans, and where
submitted, the nominating petition as defined in section 55-0109 of this
article. As part of the review and certification process, the
commissioner shall also certify the boundaries.

4. If the commissioner finds that the plan is still not in compliance
with applicable state law, official rules and regulations, and state
water resource management plans, after a second review, he shall
withhold approval of all outstanding planning entity claims for
reimbursement pending satisfactory revision of the plan.

5. Upon certification of the plan and the boundaries, the identified
area or areas are officially adopted by the commissioner as special
groundwater protection areas.

6. Upon adoption of the boundaries by the planning entity, the special
groundwater protection areas shall be designated as critical
environmental areas as defined by regulations pursuant to section 8-0113
of this chapter and an environmental impact statement shall be prepared
pursuant to section 8-0109 of this chapter for any action found to have
a significant impact upon such areas. Such statement shall meet the
requirements of the most detailed environmental impact statement
required by section 8-0109 of this chapter or by any rule or regulation
promulgated pursuant to such section. Upon certification of the plan by
the commissioner, such statement shall include a detailed statement of
the effects of any proposed action on, and its consistency with, the
comprehensive management plan of the special groundwater protection area
program, as implemented by the commissioner pursuant to this article.