§ 23-2. Qualitative control waiver.

Except as provided for in § 23-5 {"Phased development projects"} of this subtitle, the Department may grant a waiver of qualitative control requirements for a project if:

(1) the project will return the disturbed area to a predevelopment runoff condition, such as pipeline or conduit projects, certain landscaping projects, certain maintenance projects, and certain underground projects;

(2) the project is an in-fill development project (that is, a development on vacant, bypassed, or underutilized land within an existing developed area) for which:

(i) environmental site design has been implemented to the maximum extent practicable; and

(ii) it has been demonstrated that other best management practices are not feasible;

(3) the project is a redevelopment project for which the requirements of § 23-7 of this subtitle are satisfied; or

(4) the Department determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable.