reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  5-703 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 7 - Flood Control and Water Supply Powers and Functions|Section 5-703 - Department Cooperation With Federal, State, and Local Agencies in Water Resources Projects; Financial Assistance to Local Agencies

    In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department’s responsibility under this section, when local entities agree to pay all other nonfederal costs and operate and maintain structures installed using federal assistance authorized under the Watershed Protection and Flood Prevention Act, the Department shall consider the following:         (1)    A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566;        (2)    Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and        (3)    Limiting State participation to land acquisition for dams and impounded areas and construction of dams. Additional land beyond the flood pool level, access roads, and recreational facilities may not be part of the program or project.
MD. Environment Code Ann. §  5-704 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 7 - Flood Control and Water Supply Powers and Functions|Section 5-704 - Acquisition of Rights and Interests in Real Estate

    When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these purposes the Department may receive, expend, and otherwise administer any contribution, donation, or appropriation which is made available by the United States, the State, any political subdivision, or any person.
MD. Environment Code Ann. §  5-801 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-801 - Definitions

    (a)    In this subtitle the following terms have the meanings indicated.    (b)    “Area of nontidal inundation” means an area within the State which is subject to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, or both.    (c)    “Area of tidal inundation” means an area within the State which is subject to inundation caused predominately by tides or wind-driven waters, or both.    (d)    “Department” means the Department of the Environment.    (e)    “Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.    (f)    “Flood hazard area” means an area of tidal or nontidal inundation resulting from a 100-year flood event and established pursuant to the provisions of § 5-803 of this subtitle.    (g)    “100-year flood event” or “100-year flood” means a flood that has a 1% chance of being equalled or exceeded in any given year.    (h)    “Secretary” means the Secretary of the Environment.    (i)    “Subdivision” means:        (1)    Any county, including Baltimore City; and        (2)    Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.
MD. Environment Code Ann. §  5-802 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-802 - Legislative Finding and Declaration; Policy and Purposes of Subtitle

    (a)    The General Assembly finds and declares that:        (1)    Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State;        (2)    Considerable public costs are incurred through the emergency preparedness program and by replacing public utilities and other public capital investments destroyed or damaged by floods;        (3)    Flood waters disregard jurisdictional boundaries; and        (4)    The public interest necessitates management of waters and flood hazard areas for the objectives of preventing and alleviating flood threats to life and health, reducing private and public economic losses, and to the extent possible, preserving the biological values associated with these land and water resources.    (b)    The policy and purposes of this subtitle are:        (1)    To assist in the guidance of development to minimize the impacts of flooding;        (2)    To provide State guidelines and technical assistance to local governments in management of flood hazard areas;        (3)    To provide for comprehensive watershed management;        (4)    To facilitate implementation of projects for flood control;        (5)    To encourage and provide for local governmental units to manage flood–prone lands in a comprehensive manner;        (6)    To provide for the biological and environmental quality of the watersheds of the State; and        (7)    To establish a grant program to assist local jurisdictions with:            (i)    Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and            (ii)    Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event.
MD. Environment Code Ann. §  5-804 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-804 - Duties of Department

    (a)    The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle.    (b)    The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other physical changes. The Department is the depository for all flood-related data and activities with regard to the provisions of § 5-803 of this subtitle.    (c)    The Department periodically shall review the maps of flood hazard areas and local activities undertaken pursuant to this subtitle to determine whether its provisions are being adhered to.
MD. Environment Code Ann. §  5-805 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-805 - Enforcement of Subtitle

    (a)    Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000.    (b)    If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation.    (c)    A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General.
MD. Environment Code Ann. §  5-806 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-806 - Delegation of Department's Responsibilities

    By mutual agreement, the Department may delegate all or part of the Department’s responsibilities under this subtitle to a subdivision if the Department determines that the subdivision has the technical and financial resources to fulfill the responsibilities to be delegated.
MD. Environment Code Ann. §  5-807 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-807 - Subtitle Additional to Other Provisions

    The provisions of this subtitle concerning the authorities of the Department and the subdivisions of the State with respect to flood hazard management are in addition to any other provision of law.
MD. Environment Code Ann. §  5-808 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-808 - Funding

    Engineering, technical, and administrative services required to implement the provisions of this subtitle shall be funded as provided in the State budget.
MD. Environment Code Ann. §  5-809 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 8 - Flood Control and Watershed Management|Section 5-809 - Citation of Subtitle

    This subtitle may be cited as the Flood Hazard Management Act of 1976.
MD. Environment Code Ann. §  5-902 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-902 - Legislative Findings and Intent; Goal of Statewide Program

    (a)    The General Assembly finds that nontidal wetlands play important roles in the preservation and protection of the Chesapeake Bay and other waters of the State. Nontidal wetlands serve important roles through the reduction of pollutant loadings, including excess nutrients, sediment, and toxics, the attenuation of floodwaters and stormwaters, shoreline stabilization and erosion control, waterfowl breeding and habitat for many species of fish, game and nongame birds, and mammals, including rare and endangered species, food chain support, and timber production. Many nontidal wetlands have already been lost or degraded due to the combined effects of population growth and land use. Further degradation and losses of nontidal wetlands will contribute to the decline of the Chesapeake Bay and other waters of the State.    (b)    It is the intent of the General Assembly to protect the waters of the State through a comprehensive, statewide nontidal wetland program in cooperation with federal agencies, other states, and local government. The goal of the program shall be to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain in nontidal wetlands over present conditions.    (c)    It is the intent of the General Assembly that:        (1)    Waters of the State be protected;        (2)    Further degradation and losses of nontidal wetlands due to human activity be prevented wherever possible; and        (3)    Where unavoidable losses or degradations occur as a result of permitted human activity, these losses or degradations be offset wherever practicable and feasible through the deliberate restoration or creation of nontidal wetlands.
MD. Environment Code Ann. §  5-903 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-903 - Statewide Program Established; Application of Subtitle; Department's Duties; Regulations

    (a)    There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands.    (b)    The Department shall:        (1)    Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands;        (2)    Assist local governments in undertaking nontidal wetland management planning, including mapping, technical assistance, and expediting the permit process;        (3)    Develop certification programs to ensure uniform and professional standards for the identification, delineation, functional assessment, and mitigation of nontidal wetlands;        (4)    Evaluate proposed activities on nontidal wetlands and grant or deny permits or other approvals of proposed activities;        (5)    Conduct watershed studies and educational programs and disseminate information concerning the nontidal wetlands program;        (6)    Prepare, adopt, and periodically revise guidance maps of nontidal wetlands;        (7)    Adopt standards for planning, regulating, restoring, creating, and enhancing nontidal wetlands;        (8)    Purchase, restore, and create nontidal wetlands; and        (9)    Conduct periodic monitoring, cumulative impact assessment, and evaluation of activities authorized under this subtitle.    (c)    By December 31, 1989 the Department shall adopt final regulations necessary to administer this subtitle, in accordance with § 10-111(a) of the State Government Article.
MD. Environment Code Ann. §  5-904 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-904 - Delegation of Department's Authority; Regulated Activity by Unit of State Government

    (a)    (1)    The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department.        (2)    (i)    After December 31, 1994, the Department may delegate all or part of its authority under this subtitle to a county that applies to the Department to initiate a nontidal wetland protection program and meets at least the minimum standards adopted by the Department.            (ii)    The Department shall establish a schedule for acceptance of applications from counties to initiate programs under this paragraph that provides a limited period of time once every 2 years for counties to submit their applications to the Department.        (3)    A delegation in accordance with this subsection:            (i)    May not be effective for more than 2 years; and            (ii)    May be renewed by the Department for additional 2-year periods.        (4)    After an opportunity for a hearing and upon a finding that the county program is not being administered in a manner consistent with the standards adopted by the Department, the Department may withdraw program delegation.    (b)    Any regulated activity undertaken by a unit of State government shall comply with the provisions of this subtitle, including the provisions of this subtitle requiring the issuance of a nontidal wetland permit by the Department. The unit is not required to have local government approval.
MD. Environment Code Ann. §  5-907 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-907 - Preconditions to Grant of Permits

    (a)    The Department may not issue a nontidal wetland permit for a regulated activity unless the Department finds that the applicant has demonstrated that the regulated activity:        (1)    (i)    Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or            (ii)    Is not water dependent and has no practicable alternative;        (2)    Will minimize alteration or impairment of the nontidal wetland, including existing topography, vegetation, fish and wildlife resources, and hydrological conditions;        (3)    Will not cause or contribute to a degradation of groundwaters or surface waters; and        (4)    Is consistent with any comprehensive management plan that may be developed in accordance with § 5–908 of this subtitle.    (b)    The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives have been analyzed and that the regulated activity has no practicable alternative. In evaluating whether the proposed regulated activity has a practicable alternative, the Department shall consider:        (1)    Whether the basic project purpose cannot be reasonably accomplished utilizing one or more other sites in the same general area that would avoid or result in less adverse impact on nontidal wetlands;        (2)    Whether a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs that would result in less adverse impact on the nontidal wetland would not accomplish the basic purpose of the project;        (3)    In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, whether the applicant has made reasonable attempts to remove or accommodate these constraints; and        (4)    The economic value of the proposed regulated activity in meeting a demonstrated public need in the area and the ecological and economic value associated with the nontidal wetland.
MD. Environment Code Ann. §  5-908 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-908 - Watershed Management Plans

    In cooperation with other State, local, and federal agencies, the Department may prepare comprehensive watershed management plans which address nontidal wetland protection, creation, and restoration, cumulative impacts, flood protection, and water supply concerns. Completed watershed management plans will be used as the basis for consistent permitting decisions and creating and restoring nontidal wetlands.
MD. Environment Code Ann. §  5-909 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-909 - Mitigation of Losses; Nontidal Wetland Compensation Fund

    (a)    An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department’s satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices.    (b)    (1)    By December 31, 1989 the Department, consistent with the goals established in § 5-902 of this subtitle, shall adopt by regulation standards and procedures for the mitigation of nontidal wetlands losses, including practices for nontidal wetland creation, restoration, enhancement, or monetary compensation.        (2)    The Department may accept monetary compensation only if it is determined that creation, restoration, or enhancement of nontidal wetlands are not feasible alternatives. Monetary compensation may not be a substitute for the requirement to avoid and minimize nontidal wetland losses.    (c)    (1)    There is a Nontidal Wetland Compensation Fund in the Department.        (2)    The following money shall be deposited in the Fund:            (i)    Any monetary compensation paid by an applicant instead of engaging in the creation, restoration, or enhancement of a nontidal wetland; and            (ii)    Any civil or criminal penalty imposed by a court in accordance with § 5-911 of this subtitle.        (3)    Funds in the Nontidal Wetland Compensation Fund may be used only for the creation, restoration, or enhancement of nontidal wetlands, including:            (i)    Acquisition of land;            (ii)    Acquisition of easements;            (iii)    Maintenance of mitigation sites;            (iv)    Purchase of credits in mitigation banks; and            (v)    Contractual services necessary to accomplish the intent of this paragraph.        (4)    Funds credited and any interest accrued to the Fund:            (i)    Shall remain available until expended; and            (ii)    May not be reverted to the General Fund under any other provision of law.        (5)    At the end of the fiscal year, the Department shall prepare an annual report on the Nontidal Wetland Compensation Fund that includes an accounting of all financial receipts and expenditures to and from the Fund and shall provide a copy of the report to the General Assembly, as provided under § 2-1246 of the State Government Article.
MD. Environment Code Ann. §  5-911 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 9 - Nontidal Wetlands|Section 5-911 - Enforcement

    (a)    (1)    The enforcement provisions in this section are in addition to any other applicable provisions in this title.        (2)    In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority.    (b)    The Department may revoke a permit for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing.    (c)    The Department may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle related to a regulated activity.    (d)    (1)    A person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle is liable for a penalty not exceeding $10,000, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection.        (2)    The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed.    (e)    (1)    A person who violates any provision of or fails to perform any duty imposed by this subtitle or by a regulation, order, or permit under this subtitle is guilty of a misdemeanor and on conviction is subject to:            (i)    For a first offense, a fine not exceeding $10,000; or            (ii)    For a second or subsequent offense, a fine not exceeding $25,000.        (2)    The court may order the person to restore the area unlawfully disturbed.
MD. Environment Code Ann. §  5-10A-01 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 10A - Junkyards and Related Facilities|Section 5-10A-01 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article.    (c)    “Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article.    (d)    “Junkyard” has the meaning stated in § 8-801 of the Transportation Article.    (e)    “Scrap metal processing facility” has the meaning stated in § 8-801 of the Transportation Article.