reglab/housing_qa huggingface dataset:
MD. Natural Resources Code Ann. §  8-1004 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1004 - Provision of Services

    (a)    The operating budget of the Department may contain an appropriation from the Fund sufficient to provide technical and administrative services required to implement §§ 8-1002 and 8-1003 of this subtitle, including but not limited to:        (1)    Review and evaluation of requests for assistance in shore erosion control;        (2)    Supervision over construction of approved projects; and        (3)    Inspection of completed projects to insure adequate maintenance.    (b)    Costs of the services enumerated in this section:        (1)    Shall be reimbursed to the Department by the property owner; and        (2)    May not be considered part of the construction cost of the project.    (c)    Moneys in the Fund may be used for administrative costs calculated in accordance with § 1-103(b)(2) of this article.
MD. Natural Resources Code Ann. §  8-1004.1 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1004.1 - Nonstructural Shore Erosion Control

    (a)    Notwithstanding any other provision of this subtitle, to the extent that a project consists of nonstructural shore erosion control measures, the Department may:        (1)    Require the owner of the benefited property to initially incur some or all of the project costs for nonstructural measures; and        (2)    Provide assistance in the form of reimbursements to the owner.    (b)    To be entitled to receive any reimbursements under this section, the owner of the benefited property shall have entered into a project agreement with the Department before incurring any costs. The Department shall estimate the total amount of project costs for nonstructural measures and shall establish in the agreement as the maximum amount of assistance which will be available for the project 50% of that estimate. The Department may include in the project agreement conditions under which the owner may be entitled to receive reimbursement, including conditioning the reimbursement upon the successful establishment of any vegetative elements of the project.    (c)    The Department may reimburse the owner of a benefited property for 50% of the actual project costs or for the maximum available amount established in the project agreement, whichever is less. If the Department, through its employees, agents, or contractors, has designed or installed all or part of the nonstructural measures, the Department shall include as actual project costs the value of any labor or materials contributed by the State. The value of these items already contributed by the State shall be deducted from the amount to be reimbursed to the owner.    (d)    In carrying out this section, the Department may utilize any general, special, State reimbursable, or federal reimbursable funds appropriated in the budget for nonstructural shore erosion control. Appropriations and expenditures of funds for the purposes of this section may not be subject to any provision of §§ 8-1005 through 8-1007 of this subtitle.
MD. Natural Resources Code Ann. §  8-1005.1 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1005.1 - Procurement of Design and Construction Services

    (a)    Notwithstanding any other provision of this subtitle, the Department may require a property owner who has requested a loan, or a property owner may elect, to procure design and construction services for a shore erosion control project.    (b)    The Department shall adopt regulations establishing procedures and technical standards for the procurement of design and construction services by a property owner.
MD. Natural Resources Code Ann. §  8-1006 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1006 - Benefit Charge

    (a)    On receipt of certification from the Department that a shore erosion control project has been satisfactorily completed, the Board of Public Works shall fix and levy a benefit charge on the benefited property. The benefit charge shall be:        (1)    Payable in annual installments over a period of 25 years, or any shorter period as directed by the Board; and        (2)    Calculated so as to return to the State the net project construction cost resulting from the shore erosion control project.    (b)    Annual installments shall be due beginning on the first day of July following levy of the benefit charge by the Board of Public Works, and each July 1 after that date until the benefit charge is paid totally. If not paid within 90 days of its due date, an installment shall be in default and shall bear interest at the rate of 2% a month from the time of default. The Department shall be responsible for collection of annual installments.    (c)    A benefit charge assessed under this subtitle shall be a lien on the real property against which the benefit charge is assessed, and shall be subject to collection in the manner specified for foreclosure of mortgages. Any annual installments in default shall be a first lien on the benefited property, subject only to prior State, county, or municipal real property taxes. The outstanding balance of a benefit charge shall be afforded normal lien priority, except that the Department may agree in writing to grant precedence to a subsequent mortgage or deed of trust if necessary for refinancing, transfer, or improvement of a benefited property.    (d)    Annual installments shall be a personal obligation of the owner of a benefited property at the time the installments become due. Sale of a benefited property may not extinguish a lien under this subtitle, and the purchaser in all instances shall take the property subject to any outstanding balance of the total benefit charge still unpaid at the conclusion of the sale, and shall be required to meet the same annual installments as previously were being assessed. Any notice of sale clearly shall identify this potential liability, provided that failure to so notify may not affect the obligation if the notice of lien required under § 8-1005(d)(4) of this subtitle is filed properly.
MD. Natural Resources Code Ann. §  8-1007 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1007 - Recording Transfer of Benefited Property; Subdivision; Notice to Tax Officials; Release of Lien

    (a)    For purposes of § 3-104 of the Real Property Article, which pertains to payment of taxes as a prerequisite to recording of any transfer of property, it is sufficient that all current annual installments of any benefit charge levied under this subtitle have been paid.    (b)    In the case of any subdivision of benefited property subsequent to the filing of the notice of the lien required under this subtitle, the benefit charge shall apply:        (1)    Except as provided in this subsection, in proportion to the respective length of the shore erosion control project abutting each lot; or        (2)    If the owners and the Department agree that a different apportionment would more fairly treat a particular situation, then in accordance with that agreement.    (c)    At the time of levy of any benefit charge under this subtitle or apportionment of an existing levy among subdivision lots, the Department shall notify appropriate tax officials for inclusion of the assessment in the tax records.    (d)    On completion of payment of the total benefit charge relating to a shore erosion control project, the Department shall:        (1)    Certify to the Board of Public Works for release of the lien that payment has been completed; and        (2)    File a release of the lien in the appropriate land and tax records.
MD. Natural Resources Code Ann. §  8-1008 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 10 - Shore Erosion Control|Section 8-1008 - Regulations for Shore Erosion Control Projects

    The Department, with the approval of the Board of Public Works, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the procedures of the Department for shore erosion control capital and loan projects under §§ 8-1005, 8-1006, and 8-1007 of this subtitle.
MD. Natural Resources Code Ann. §  8-1101 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 11 - Beach Erosion Control and Replenishment|Section 8-1101 - Legislative Findings and Declarations

    The General Assembly finds and declares that land movement and disturbance activities on Atlantic Coast beaches east of certain natural and physical contours and elevations of the beach endanger the integrity and continuity of the beach system which includes a dunal system, prevents adequate maintenance, shore erosion, and sediment control, and storm protection of these and adjacent areas, and results in the imposition of additional financial burdens on the citizens of the State.
MD. Natural Resources Code Ann. §  8-1104 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 11 - Beach Erosion Control and Replenishment|Section 8-1104 - Factors in Determining Fair Market Value

    An appraiser for the Department, the trier of fact in any condemnation proceeding, or any other person charged by law to determine fair market value shall consider the following among other relevant factors in determining the fair market value of any interest in land being acquired to implement § 8-1103 of this subtitle:         (1)    The date of valuation shall be determined recognizing that the State may have taken properties as of the date that prohibitions were imposed for the Beach Erosion Control District under § 8-1105.1 of this subtitle;        (2)    If the land lies within the Beach Erosion Control District established pursuant to § 8-1105.1 of this subtitle, the land shall be valued subject to the restrictions of § 8-1105.1 of this subtitle; provided, however, that if it appears that the owner is entitled to compensation for a taking under the provisions of § 8-1105.1(c) of this subtitle, then the property shall be valued as if the restrictions of § 8-1105.1 of this subtitle were not in effect, but all other applicable restrictions of State and local law were, including:            (i)    Building codes;            (ii)    Zoning;            (iii)    Public rights across the property acquired through dedication or prescription;            (iv)    Easements for dune construction and maintenance; and            (v)    Density limitations; and        (3)    If fair market value is to be based on an assumption that the land can be developed, the costs of that development shall be estimated assuming the risk of storm damage with the beach in its condition as of the date of valuation, and taking into account any deterioration of the beach which could reasonably be expected to occur after the date of valuation, given no artificial improvement or protection of the beach at public expense. The costs shall include insurance costs and special construction costs attributable to the need to protect against storm damage.
MD. Natural Resources Code Ann. §  8-1105.1 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 11 - Beach Erosion Control and Replenishment|Section 8-1105.1 - Beach Erosion Control District

    (a)    There is a Beach Erosion Control District, which consists of that land bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the borderline between the State of Maryland and the Commonwealth of Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island, and in Ocean City, is a mutually approved line to be known as the State–Ocean City building limit line which coincides, more or less, with the existing Ocean City building limit line and on occasion may coincide with the crest of the littoral system. The Department, after surveying, platting, and recording the State–Ocean City building limit line, has the authority to describe by regulation the State–Ocean City building limit line. The Department shall perform the survey, platting, and recording at its own expense within 30 days of July 1, 1975.    (b)    Transferred.    (c)    If the prohibitions imposed for the Beach Erosion Control District would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property taken.    (d)    The provisions of this section are in addition to the provisions of §§ 8–1103 and 8–1104 of this subtitle.
MD. Natural Resources Code Ann. §  8-1301 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1301 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Duly designated agency” means any public body corporate, whether exercising local or regional authority, in any of the counties listed in § 8-1303 of this subtitle, which shall be officially designated by either or any of the counties which executes the programs and purposes of this subtitle within any of the counties.        (2)    However, in Montgomery and Prince George’s counties, the Maryland-National Capital Park and Planning Commission is the duly designated agency of these counties to carry out the provisions of this subtitle.    (c)    “Watershed” means the Patuxent River Watershed.
MD. Natural Resources Code Ann. §  8-1302 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1302 - Legislative Findings

    The General Assembly declares that flood prevention, conservation, sediment or erosion protection, and prevention of urban development within the Watershed is a public benefit and conducive to the public health, safety, and welfare.
MD. Natural Resources Code Ann. §  8-1303 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1303 - Authority of County Governing Bodies or Designated Agencies to Create

    The appropriate county governing body of Howard, Montgomery, Prince George’s, Anne Arundel, Calvert, Charles, and St. Mary’s counties or the duly designated agencies of the appropriate county governing body shall have the jurisdiction, power, and authority to define and create the Patuxent River Watershed in their respective counties. Each shall act cooperatively with the Department and local, county, State, and federal governments to protect areas subject to sediment or erosion damage and prevent encroachment by rapid growth and spread of urban development by creating a program of flood prevention and conservation.
MD. Natural Resources Code Ann. §  8-1304 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1304 - Authority of Maryland-National Capital Park and Planning Commission

    (a)    The Maryland-National Capital Park and Planning Commission shall have and exercise the authority granted by the provisions of this subtitle to the appropriate county governing body or its duly designated agency to the extent it pertains to:        (1)    Adopting the Watershed plan;        (2)    Acquisition, improvement, maintenance and operation of lands and other property for the purposes stated in this subtitle; and        (3)    Adopting regulations affecting the lands and property and leasing, contracting, and permit authority granted under this subtitle.    (b)    This power and authority is in addition to that which is stated in Division II of the Land Use Article.
MD. Natural Resources Code Ann. §  8-1305 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1305 - Adopting, Amending, or Extending Watershed Plan

    The appropriate county governing body of each county named in § 8-1303 of this subtitle, or its duly designated agency, may adopt, amend, extend, or add to the Watershed plan, with the approval of the Department. The plan, including maps, plats, charts, and descriptive matter, shall show the respective appropriate county governing body’s, or its duly designated agency’s recommendations to protect the Watershed, and may include, items such as location of lands to be acquired, either in fee or by easement, for the purposes of this subtitle, and public uses proposed for the lands, including the location, arrangement, character, and extent of roadways, waterways, waterfronts, beaches, docks and wharves, parks, forest preserves, public recreational areas, wildlife refuges, natural scenery, and open spaces.
MD. Natural Resources Code Ann. §  8-1306 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1306 - Adopting Part or Parts of Plan; Procedure for Adopting Entire Plan or Part of Plan

    (a)    The appropriate county governing body or its duly designated agency may adopt:        (1)    Part of the Watershed plan in its respective county;        (2)    Any part to cover 1 or more sections of the Watershed within its respective county; or        (3)    1 or more of the other functional subject matters to be included in the plan.    (b)    Before adopting the plan or any part, extension, amendment, or addition to it, the appropriate county governing body or its duly designated agency shall hold at least 1 public hearing. Thirty days notice of the time and place of the hearing shall be given by publishing a notice once in a newspaper of general circulation in the affected county. Adopting, amending, extending, or adding to the plan or any part of the plan shall be by resolution. The resolution expressly shall refer to the maps and other descriptive matter, which the appropriate county governing body or its duly designated agency intends to form the whole or part of the plan. Any action taken shall be recorded on the map, plan, or descriptive matter by the identifying signatures of the appropriate county official. The appropriate county governing body or its duly designated agency shall certify an attested copy of the plan or any part, amendment, extension, or addition to the plan and file it with the clerk of the circuit court for the county affected.
MD. Natural Resources Code Ann. §  8-1307 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1307 - Acquisition, Improvement, and Development of Land or Other Property Within Area

    For the purpose of carrying out any recommendation of the Watershed plan or any part of the plan, each county, through its appropriate county governing body or duly designated agency, in cooperation with the Department, may acquire land or other property, by means of donation, purchase, or condemnation, either in fee or by easement, located within the area of the county for the public purposes delineated in the plan. The appropriate county governing body or its duly designated agency may improve and develop the acquired land or other property for the purposes of the plan. The plan controls maintenance and operation of the land or other property.
MD. Natural Resources Code Ann. §  8-1308 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1308 - Financing

    To finance or assist in financing acquisition of land or other property for the purposes shown on the Watershed plan, or for improvement or development of the Watershed plan, the appropriate county governing body or its duly designated agency may receive and expend any contribution, donation, or appropriation which the federal government or any person makes.
MD. Natural Resources Code Ann. §  8-1309 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1309 - Acquisition of Lands Outside Area of Plan

    The appropriate county governing body or its duly designated agency may acquire lands for the purposes stated in this subtitle outside of the area of the Watershed plan, if the appropriate county governing body or its duly designated agency finds that acquisition is necessary to preserve any portion of the Watershed plan in its county. The appropriate county governing body or its duly designated agency may expend any authorized funds under the provisions of this subtitle to purchase land outside the area of the Watershed plan.
MD. Natural Resources Code Ann. §  8-1310 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1310 - Title to Land Acquired; Power of Department to Acquire Land Unaffected; Taxation of Land Acquired; Tax for Benefit of Watershed Program

    (a)    The county or its duly designated agency shall hold land acquired under this subtitle, title to which shall become vested in the county in which the land lies or the county’s duly designated agency, for the general benefit of the State and county. Title to the acquired land may not be conveyed out of the county or its duly designated agency, nor may its use be extinguished without the consent and approval of the Department. The provisions of this section may not be construed to affect the power of the Department to acquire property by power of condemnation, nor affect the Department’s power to purchase or accept any gift of property.    (b)    Any land or property acquired under the provisions of this subtitle shall be exempt from any general or special State, county, and municipal tax.    (c)    The appropriate county governing body of each affected county may levy an annual special tax for the benefit of the Watershed acquisition program. The tax may be levied on all of the property within the respective county, assessed for county taxation purposes. The appropriate county governing body may allocate the aggregate amount collected by the tax to the Watershed acquisition program, or to pay the aggregate amount collected by the tax to the duly designated agency under the provisions of this subtitle for the agency’s Watershed acquisition program. The appropriate county governing body or its duly designated agency may expend the proceeds of the tax only within the county where the tax was collected to acquire land and other property shown on the Watershed plan as recommended for purchase to protect the Watershed. The proceeds of the tax shall be expended on a 50-50 matching basis with the Department.
MD. Natural Resources Code Ann. §  8-1311 (2021)
2021 Maryland Statutes|Natural Resources|Title 8 - Waters|Subtitle 13 - Patuxent River Watershed|Section 8-1311 - Leases and Contracts of Acquired Land

    (a)    The appropriate county governing body or its duly designated agency may:        (1)    Lease for a term not exceeding 20 years and renew any lease for any additional term, not exceeding 20 years each, to any person, any portion of the land acquired for the purposes stated in this subtitle; and        (2)    Grant any privilege, permit, or enter into any contract with any person, to engage in any business or enterprise on land acquired for the purposes stated in this subtitle on terms and conditions the appropriate county governing body or its duly designated agency deems advantageous to develop the Watershed plan.    (b)    The purpose for which any property is leased, and any privilege, permit, and concession is granted, may not be inconsistent with the use of the property as recommended by the Watershed plan. Any lease or contract executed under the provisions of this section shall contain a condition stating specifically the purpose for which the property is leased or the privilege, permit, or concession is granted. Any lease, contract, privilege, or permit requires approval of the Department.