MD. Agriculture Code Ann. §  8-603 (2021)
2021 Maryland Statutes|Agriculture|Title 8 - Soil Conservation|Subtitle 6 - Drainage of Agricultural Land|Section 8-603 - Regulation of Agricultural Drainage Projects Financed or Managed by Public Drainage Associations

    (a)    (1)    “Agricultural drainage project” means the construction, reconstruction, or repair, or the straightening, widening, or deepening, of any ditch, drain, canal, or other watercourse, natural or man–made, financed or managed by a public drainage association for the purpose of lowering the water level in the soil of adjacent lands for agricultural purposes.        (2)    “Department” means the Department of Agriculture or the Environment or Natural Resources or any combination of them.        (3)    “Person” includes an individual, receiver, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, trust, or any other entity.        (4)    “Secretary” means the Secretary of Agriculture unless the context requires otherwise.    (b)    The General Assembly determines and finds that the lands and waters comprising the watersheds of the State are great natural assets and resources. It continues to find that the drainage of surface waters from lands for agricultural purposes by public drainage associations represents a public benefit. The General Assembly further finds that agricultural drainage projects, if not properly designed, operated, and maintained, have the potential to contribute nonpoint source pollutants to the waters of the State.    (c)    To protect the natural resources of the State, the Secretary and the Secretaries of Natural Resources and the Environment, shall jointly promulgate by regulation on or before January 1, 1985, criteria for the design, construction, operation, and maintenance of agricultural drainage projects which will assure, to the maximum extent practicable, the prevention of pollution of the waters of the State. These rules and regulations shall contain standards of review by the three Secretaries that recognize the regulatory issues to be considered by each and minimize duplication. The rules and regulations shall also establish procedures for administrative hearings and provide for consolidation where different departments have initiated administrative proceedings arising from the same or related activities.    (d)    (1)    Effective January 1, 1985, before initiating an agricultural drainage project, a public drainage association shall obtain from the Secretary approval of construction, operation, and maintenance plans for the project.        (2)    The Secretary shall not approve any construction, operation, or maintenance plan for an agricultural drainage project unless the plan has been reviewed by the Secretaries of Natural Resources and the Environment or their designees. The Secretary shall forward copies of any plan submitted simultaneously to the Secretaries of Natural Resources and the Environment, who shall have 60 calendar days to review the plan.    (e)    (1)    An agricultural drainage project shall be constructed, operated, and maintained in accordance with the approved plans.        (2)    The Secretaries of Agriculture, the Environment, or Natural Resources may pursue any sanction or remedy provided in this subtitle for a violation of this subtitle. However, the Secretaries of the Environment and Natural Resources may not pursue any sanction or remedy under this subtitle until they have first consulted with the Secretary of Agriculture and given the Secretary of Agriculture a reasonable period of time to alleviate the problem.    (f)    (1)    The secretary of a department may issue orders for corrective measures to any person believed to be violating any provision of this section, any rule or regulation adopted under this section, or any requirement of approved agricultural drainage project plans.        (2)    The person to whom an order is issued may, on request, contest the order in a hearing governed by the Administrative Procedure Act. Whether or not an order for corrective measures has been issued or contested, the secretary of a department may, at any time, refer an alleged violation of this section, of any rule or regulation adopted under this section, or of any approved plan requirement, directly to the Attorney General for appropriate court action.    (g)    (1)    In addition to any other sanction under this section, a person who constructs, operates, or maintains an agricultural drainage project without approved plans or in violation of approved plan requirements shall be liable to the State in a civil action for damages in an amount equal to double the cost of that portion of constructing, operating, or maintaining the project that was not done in accordance with approved plans.        (2)    Any civil action under this section shall be prosecuted by the Attorney General on behalf of a secretary of a department. Damages recovered shall be deposited in a special fund, to be used solely for first correcting the agricultural drainage project in question, and then for support of the Secretary of Agriculture’s program for review and approval of agricultural drainage projects.    (h)    The secretary of a department may seek an injunction against any person who fails to obtain or comply with approved plans.