reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  16-304 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-304 - Certain Lawful Uses Enumerated

    Notwithstanding any regulation adopted by the Secretary to protect private wetlands, the following uses are lawful on private wetlands:        (1)    Conservation of soil, vegetation, water, fish, shellfish, and wildlife;        (2)    Trapping, hunting, fishing, and catching shellfish, if otherwise legally permitted;        (3)    Exercise of riparian rights to improve land bounding on navigable water, to preserve access to the navigable water, or to protect the shore against erosion;        (4)    Reclamation of fast land owned by a natural person and lost during the person’s ownership of the land by erosion or avulsion to the extent of provable preexisting boundaries. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972. The burden of proof that the loss occurred after this date is on the owner of the land;        (5)    Routine maintenance and repair of existing bulkheads, provided that there is no addition or channelward encroachment; and        (6)    Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.
MD. Environment Code Ann. §  16-305 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-305 - Maintenance and Repair of Bulkheads

    Notwithstanding any other provision of law, a landowner shall be exempt from all local permit requirements to perform routine maintenance and repair of a bulkhead.
MD. Environment Code Ann. §  16-306 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-306 - Judicial Review of Administrative Appeal

    (a)    (1)    Any person who has a recorded interest in land affected by any regulation adopted under this subtitle may appeal the regulation or designation of the person’s land as wetland to the circuit court in the county where the land is located.        (2)    The appeal shall be filed within 30 days after the later to occur:            (i)    Notice that the Department’s final adoption of the regulation has been published in the Maryland Register under § 10-114 of the State Government Article; or            (ii)    Notice that the Department’s final adoption of the regulation or designation of the person’s land as wetland has been filed among the land records under § 16-303 of this subtitle.    (b)    (1)    The court shall review the administrative record of the Department’s promulgation of the regulation or designation of the person’s land as wetland.        (2)    The court shall declare the regulation or designation invalid if the court finds that:            (i)    The regulation or designation violates any provision of the United States or Maryland Constitution;            (ii)    The regulation or designation exceeds the statutory authority of the Department; or            (iii)    The Department failed to comply with statutory requirements for adoption of the regulation or designation of the person’s land as wetland.    (c)    If the court finds the regulation is invalid, the court shall enter a finding that the regulation does not apply to the petitioner. However, the finding may not affect any land other than that of the petitioner. The Secretary shall record a copy of the finding among the land records in the county.    (d)    The person who appealed to the circuit court or the Department may appeal the decision of the circuit court to the Court of Special Appeals.
MD. Environment Code Ann. §  16-309 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-309 - Judicial Appeal From Decision of Secretary -- Payment of Court Costs of Appeal by State

    The court may order the State to pay court costs of any appeal in accordance with the provisions of § 16–306 of this subtitle if the court finds that the financial situation of the person appealing warrants this action.
MD. Environment Code Ann. §  16-310 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-310 - Courts to Restrain Violations of Subtitle

    The court exercising equity jurisdiction in the county where the land or any part of the land is located may restrain any violation of this subtitle in an action brought by the Department or any authorized unit or officer of the Department.
MD. Environment Code Ann. §  16-401 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays|Section 16-401 - Construction of Subtitle

    This subtitle does not affect any past or future accretion to land under private ownership bounding on or surrounded by the waters of the Chincoteague, Isle of Wight, or Sinepuxent Bay.
MD. Environment Code Ann. §  16-402 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays|Section 16-402 - Title to and Use of Land; Patent Restriction

    (a)    Any island created or formed within the confines of Sinepuxent, Isle of Wight, or Chincoteague Bay by the dumping or depositing of excavated material from dredging or any other artificial means employed by the State or the United States or both during the construction or maintenance of the Ocean City inlet and the channel in the bays, together with any accretion to any of those islands, in the past or future, are natural resources of the State and title to them is retained for the use of the Department.    (b)    The Commissioner of Land Patents may not issue any patent for land created in the Chincoteague, Isle of Wight, or Sinepuxent Bay.
MD. Environment Code Ann. §  16-403 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 4 - Lands Formed by Channel Excavation in Sinepuxent, Isle of Wight, and Chincoteague Bays|Section 16-403 - Use of Land for Conservation, Hunting, and Fishing

    Subject to the approval of the Board, the Department may use the land described in this subtitle for conservation purposes in the manner and under the regulations the Department deems in the best interest of the State. However, any person who may lawfully hunt or fish in Worcester County may hunt or fish on these lands during the open season for hunting or fishing.
MD. Environment Code Ann. §  16-501 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 5 - Penalties and Fines|Section 16-501 - Enumeration

    (a)    Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $10,000, with costs imposed in the discretion of the court.    (b)    Any person found guilty of a second or subsequent violation of any provision of this title, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.    (c)    In addition to any administrative penalty provided in this title, violation of any provision of any permit or license issued under this title or of any regulation adopted by any unit within the Department under the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.    (d)    Any person who knowingly violates any provision of this title is liable to the State for restoration of the affected wetland to its condition prior to the violation, if possible. The court shall specify a reasonable time for completion of the restoration.    (e)    (1)    The provisions of this title are enforceable against any person charged with dredging or filling private wetlands without a permit, notwithstanding a defense that pertinent wetlands maps and regulations had not been properly filed among the land records, if the court finds that the person charged had actual notice of the applicable regulatory requirements before the person dredged or filled the private wetlands.        (2)    This subsection shall apply only to dredging or filling activities occurring after July 1, 1981.
MD. Environment Code Ann. §  16-502 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 5 - Penalties and Fines|Section 16-502 - Civil Action

    (a)    (1)    A person who violates any provision of this title or any regulation, permit, license, or order issued under this title shall be liable for a penalty not exceeding $10,000, which may be recovered in a civil action.        (2)    In imposing a penalty under this subsection, the court may consider the factors in § 9-342(b)(2)(ii) of this article and any other relevant factors.    (b)    The circuit court may issue an injunction requiring the person to cease the violation and restore the area unlawfully dredged or filled.    (c)    Before taking any civil action to recover a penalty under subsection (a) of this section, the Department shall provide the person alleged to have violated this title with written notice of the proposed penalty and an opportunity for an informal meeting concerning settlement of the proposed civil action.
MD. Environment Code Ann. §  16-503 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 5 - Penalties and Fines|Section 16-503 - Violations

    (a)    Whenever the Department believes a violation of any provision of this title or any regulation has occurred, the Department shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in its order.    (b)    Any person named in the order may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from the receipt of the request. A decision shall be rendered within 30 days from the date of the hearing. Notice of a hearing shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than 10 days before the time set for the hearing. The order shall become effective immediately according to its terms upon service.    (c)    Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department shall be served in accordance with § 1–204 of this article. Where service is made by mailing, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department.    (d)    A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.    (e)    (1)    A person aggrieved by an order may appeal to the circuit court of the county in which the land is located.        (2)    The court shall review the administrative record of the Department’s order.        (3)    The court shall declare the Department’s order invalid if the court finds that the order:            (i)    Is unconstitutional;            (ii)    Exceeds the statutory authority or jurisdiction of the Department;            (iii)    Results from an unlawful procedure;            (iv)    Is affected by any other error of law;            (v)    Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or            (vi)    Is arbitrary or capricious.
MD. Environment Code Ann. §  17-101 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 1 - Definitions|Section 17-101 - Definitions

    (a)    In this title the following words have the meanings indicated.    (b)    “Board” means the Marine Contractors Licensing Board.    (c)    “Entity” means a business with its principal office in the State that employs more than one individual to provide marine contractor services in the State.    (d)    “License” means a professional license issued by the Board to an individual or entity to perform marine contractor services in the State.    (e)    “Licensed marine contractor” means an individual or entity that has received a license from the Board to perform marine contractor services.    (f)    (1)    “Marine contractor services” means construction, demolition, installation, alteration, repair, or salvage activities located in, on, or under State or private tidal wetlands.        (2)    “Marine contractor services” includes:            (i)    Dredging and filling;            (ii)    The construction, demolition, installation, alteration, repair, or salvage of structures, including boathouses, boat or other personal watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs; and            (iii)    The construction, demolition, installation, alteration, repair, or salvage of stabilization and erosion control measures, including revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment or other similar projects.
MD. Environment Code Ann. §  17-201 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-201 - Marine Contractors Licensing Board

    (a)    There is a Marine Contractors Licensing Board in the Department.    (b)    Subject to the provisions of this title, the Board is responsible for the licensing and regulation of individuals and entities that provide marine contractor services in the State.
MD. Environment Code Ann. §  17-202 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-202 - Composition; Oath; Term; Removal

    (a)    (1)    The Board consists of seven members appointed by the Governor, with the advice of the Secretary, and with the advice and consent of the Senate.        (2)    Of the seven members:            (i)    One shall be employed by the Department;            (ii)    One shall be employed by the Department of Natural Resources;            (iii)    Three shall be licensed marine contractors and shall include:                1.    One from Anne Arundel, Calvert, Charles, Prince George’s, or St. Mary’s counties;                2.    One from Baltimore City, or Baltimore, Cecil, Harford, Kent, or Queen Anne’s counties; and                3.    One from Caroline, Dorchester, Somerset, Talbot, Wicomico, or Worcester counties; and            (iv)    Two shall be private citizens, appointed at large, who represent diverse interests, and shall include:                1.    One from Baltimore City, or Anne Arundel, Baltimore, Calvert, Charles, Harford, Prince George’s, or St. Mary’s counties; and                2.    One from Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, or Worcester counties.    (b)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.    (c)    (1)    The term of a member of the Board is 3 years.        (2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.        (3)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.    (d)    The Governor may remove a member from the Board for incompetence, misconduct, neglect of duty, or other sufficient cause.
MD. Environment Code Ann. §  17-203 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-203 - Election of Chair, Vice Chair, and Secretary

    (a)    From among its members, the Board shall elect a chair, vice chair, and secretary annually.    (b)    The Board shall determine the manner of the election of officers.
MD. Environment Code Ann. §  17-204 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-204 - Meetings; Reimbursement for Expenses; Staff

    (a)    The Board shall meet at least twice a year, at the times and places that the Board determines.    (b)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.    (c)    The Board may employ staff in accordance with the State budget.
MD. Environment Code Ann. §  17-205 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-205 - Duties

    (a)    The Board may:        (1)    Recommend regulations for adoption by the Secretary to carry out the provisions of this title; and        (2)    Make inquiries and conduct an investigation regarding any applicant for a license.    (b)    The Board shall:        (1)    Carry out the provisions of this title;        (2)    Collect and account for the fees provided for under this title; and        (3)    Keep a current record of all individuals and entities licensed under this title, including:            (i)    The names of individuals and entities that are licensed;            (ii)    The issuance and expiration dates of the licenses; and            (iii)    Any other information that the Board considers appropriate.
MD. Environment Code Ann. §  17-206 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 2 - Marine Contractors Licensing Board|Section 17-206 - Fees

    (a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and other services that the Board provides.        (2)    The fees imposed by the Board shall be set so as to produce funds to approximate the costs of maintaining the Board.    (b)    The Board shall pay all funds collected under this title into the Wetlands and Waterways Program Fund under § 5–203.1 of this article for the administration of the Board.
MD. Environment Code Ann. §  17-301 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 3 - Licensing|Section 17-301 - License Required; Exceptions

    (a)    Except as otherwise provided in this title, a person shall be licensed by the Board as a marine contractor or be employed by an individual or entity that is licensed as a marine contractor before the person may:        (1)    Perform marine contractor services in the State; or        (2)    Solicit to perform marine contractor services in the State.    (b)    An individual or an entity may qualify for a license.    (c)    An individual who is employed by an agency of the federal government or the State may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board under this title.    (d)    A residential or commercial property owner may perform marine contractor services on the property owner’s own property without having to obtain a license from the Board under this title.
MD. Environment Code Ann. §  17-302 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 3 - Licensing|Section 17-302 - Qualifications of Applicants

    (a)    To qualify for a license, an applicant shall meet the requirements of this section and any regulations adopted under this section.    (b)    If the applicant is an entity, the entity shall appoint a member of the entity as the representative member to make the application on behalf of the entity.    (c)    An individual applicant or, if the applicant is an entity, the representative member shall:        (1)    Have at least 2 years of experience as a full–time marine contractor or demonstrate similar contractor experience;        (2)    Pass a written marine contractor test recognized by the Board;        (3)    Have a federal tax identification number; and        (4)    Carry:            (i)    Commercial general liability insurance with a $300,000 total aggregate minimum; and            (ii)    Workers’ compensation insurance, unless exempt by law.
MD. Environment Code Ann. §  17-303 (2021)
2021 Maryland Statutes|Environment|Title 17 - Marine Contractors|Subtitle 3 - Licensing|Section 17-303 - Applications for License

    (a)    (1)    To apply for a license, an applicant shall:            (i)    Submit to the Board an application on the form that the Board provides;            (ii)    Submit the documents required under this section; and            (iii)    Pay to the Board the required application fee set by the Board.        (2)    If the applicant is an entity, the representative member shall complete the application form and otherwise be responsible for the entity’s compliance with this section.    (b)    (1)    If the applicant is an individual, the application form provided by the Board shall require:            (i)    The name of the applicant;            (ii)    The address of the applicant; and            (iii)    The current and previous employment of the applicant relevant to the field of marine contracting.        (2)    If the applicant is an entity, the application form provided by the Board shall require:            (i)    A list of the entity’s owners; and            (ii)    For each entity owner, the same information required regarding an individual applicant under paragraph (1) of this subsection.        (3)    For all applicants, the application form shall require:            (i)    The address of the applicant’s proposed principal place of business and of each proposed branch office;            (ii)    All trade or fictitious names that the applicant intends to use while performing marine contractor services; and            (iii)    As the Board considers appropriate, any other information to assist in the evaluation of:                1.    An individual applicant; or                2.    If the applicant is an entity, any entity member.    (c)    The application form provided by the Board shall contain a statement advising the applicant of the penalties for violation of this title provided under § 17–403 of this title.    (d)    (1)    If the applicant is an individual, the individual shall sign the application form under oath.        (2)    If the applicant is an entity, the representative member of the entity shall sign the application form under oath, and shall provide proof to the Board that the representative member is a member of the entity.    (e)    An applicant for a license shall submit with the application proof of the insurance required under § 17–302(c)(4) of this subtitle.