If an erosion and sediment control plan includes a clear water diversion pipe, is a waterway construction permit from MDE required?

In the context of Maryland's erosion and sediment control regulations, the requirement for a waterway construction permit from the Maryland Department of the Environment (MDE) typically hinges on the specific nature and impact of the water management feature involved.

A clear water diversion pipe is designed to direct clean water away from a construction site and prevent it from mixing with sediment-laden runoff. Because its primary purpose is to manage clean water and minimize sediment pollution, rather than modify a waterway or alter its flow significantly, a waterway construction permit is not necessary in most circumstances. This allows for construction activities to proceed with less regulatory burden, provided that the activities do not interfere with the hydrology of surrounding water bodies or violate other environmental protections.

It's essential to ensure that any implemented erosion control practices comply with local regulations; however, the specific context of using a clear water diversion pipe typically falls outside the scope requiring a MDE permit, leading to the conclusion that the answer is false.