reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  15-1201 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 12 - Maryland Dormant Mineral Interests Act|Section 15-1201 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Mineral” includes:        (1)    Gas;        (2)    Oil and oil shale;        (3)    Coal;        (4)    Gaseous, liquid, and solid hydrocarbons;        (5)    Cement materials, sand and gravel, road materials, and building stone;        (6)    Chemical substances;        (7)    Gemstone, metallic, fissionable, and nonfissionable ores; and        (8)    Colloidal and other clay, steam, and geothermal resources.    (c)    “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold, or lien in minerals, regardless of character.    (d)    “Severed mineral interest” means a mineral interest that is severed from the interest in the surface estate overlying the mineral interest.    (e)    “Surface estate” means an interest in the estate overlying a mineral interest.    (f)    (1)    “Surface owner” means any person vested with a whole or undivided fee simple interest or other freehold interest in the surface estate.        (2)    “Surface owner” does not include the owner of a right–of–way, easement, or leasehold on the surface estate.    (g)    (1)    “Unknown or missing owner” means any person vested with a severed mineral interest whose present identity or location cannot be determined:            (i)    From the records of the county where the severed mineral interest is located; or            (ii)    By diligent inquiry in the vicinity of the owner’s last known place of residence.        (2)    “Unknown or missing owner” includes the heirs, successors, or assignees of an unknown or missing owner.
MD. Environment Code Ann. §  15-1202 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 12 - Maryland Dormant Mineral Interests Act|Section 15-1202 - In General

    (a)    (1)    Except as provided in paragraph (2) of this subsection, this subtitle applies to all mineral interests.        (2)    This subtitle does not apply to a mineral interest:            (i)    Held by the United States or a Native American tribe, except to the extent permitted by federal law; or            (ii)    Held by the State or an agency or political subdivision of the State, except to the extent permitted by State law.    (b)    The purpose of this subtitle is to make uniform the law governing dormant mineral interests among the states.    (c)    This subtitle does not limit or affect any other procedure provided by law for clearing an abandoned mineral interest from title to real property.    (d)    This subtitle does not limit or affect water rights.
MD. Environment Code Ann. §  15-1204 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 12 - Maryland Dormant Mineral Interests Act|Section 15-1204 - Preservation of Mineral Interests -- in General

    (a)    (1)    An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest.        (2)    A mineral interest is preserved in the county in which the notice is recorded.    (b)    (1)    The following individuals may record a notice in accordance with subsection (a) of this section:            (i)    An owner of the mineral interest;            (ii)    Another person legally authorized to act on behalf of the owner; or            (iii)    A co–owner, for the benefit of any or all co–owners.        (2)    A notice recorded under subsection (a) of this section shall contain:            (i)    1.    The name of the owner, or co–owners, of the mineral interest; or                2.    If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and            (ii)    An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section.    (c)    A mineral interest shall be identified by:        (1)    A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest;        (2)    The judgment or decree that confirms the mineral interest;        (3)    A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or        (4)    A general reference to any or all mineral interests of the owner in any real property situated in the county, if:            (i)    A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or            (ii)    A judgment or decree confirms the mineral interest.
MD. Environment Code Ann. §  15-1205 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 12 - Maryland Dormant Mineral Interests Act|Section 15-1205 - Preservation of Mineral Interests -- Recordation of Late Notice

    (a)    In this section, “litigation expenses” means costs and expenses that the court determines are reasonably and necessarily incurred in preparing for and prosecuting an action, including reasonable attorney’s fees.    (b)    In an action to terminate a mineral interest in accordance with § 15–1203 of this subtitle, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest as a condition of dismissal of the action, if the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest.    (c)    This section does not apply in an action in which a mineral interest has been unused in accordance with § 15–1203 of this subtitle for a period of 40 years or more preceding the commencement of the action.
MD. Environment Code Ann. §  16-102 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 1 - In General|Section 16-102 - Public Policy

    (a)    In many areas of the State much of the wetlands have been lost or despoiled by unregulated dredging, dumping, filling, and like activities, and the remaining wetlands are in jeopardy of being lost or despoiled by these and other activities. The loss or despoliation:        (1)    Will affect adversely, if not eliminate entirely, the value of the wetlands as a source of nutrient to finfish, crustacea, and shellfish of significant economic value;        (2)    Will destroy the wetlands as a habitat for plants and animals of significant economic value and eliminate or substantially reduce marine commerce, recreation, and aesthetic enjoyment;        (3)    In most cases, will affect the natural ability of tidal wetlands to reduce flood damage and affect adversely the public health and welfare; and        (4)    Will reduce substantially the capacity of the wetlands to absorb silt and result in increased silting of channel and harbor areas to the detriment of free navigation.    (b)    It is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.
MD. Environment Code Ann. §  16-103 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 1 - In General|Section 16-103 - Riparian Owners Not to Be Deprived of Certain Rights

    (a)    Except as specifically provided in this title, a riparian owner may not be deprived of any right, privilege, or enjoyment of riparian ownership that the riparian owner had prior to July 1, 1970.    (b)    The provisions of this title do not transfer the title or ownership of any land or interest in land.
MD. Environment Code Ann. §  16-105 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 1 - In General|Section 16-105 - Construction of Piers and Bulkheads

    (a)    The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall:        (1)    Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and        (2)    By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the State and local jurisdictions concerning the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area.    (b)    The procedure that the Department and Commission develop under subsection (a) of this section shall include provision for recognition of:        (1)    State jurisdiction over the construction of piers and bulkheads in State and private wetlands designated under this title; and        (2)    Local jurisdiction over:            (i)    The construction of piers and bulkheads landward of the boundary lines of State and private wetlands as mapped under this title; and            (ii)    Zoning divisional lines and building codes.
MD. Environment Code Ann. §  16-106 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 1 - In General|Section 16-106 - Use of Licensed Marine Contractor to Undertake Activities Under This Title

    (a)    (1)    A person that undertakes or authorizes an activity that requires a license or permit under this title shall:            (i)    Hire a licensed marine contractor to do the work; or            (ii)    Be a licensed marine contractor.        (2)    Notwithstanding any other provision of law, a residential or commercial property owner shall be exempt from the requirement to be or to hire a licensed marine contractor under subsection (a) of this section if:            (i)    The property owner performs marine contractor services on the property owner’s own property; and            (ii)    The property owner obtains the necessary tidal wetlands licenses or permits required under this title.    (b)    (1)    A person who violates subsection (a) of this section or any regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.        (2)    Each day that a person conducts marine contractor services without a license constitutes a separate offense.    (c)    (1)    In addition to any other sanction under this section, a civil action may be brought against a person for a violation of subsection (a) of this section or any regulation adopted under this section.        (2)    A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.    (d)    Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund established under § 5–203.1 of this article, for the administration of the Marine Contractors Licensing Board established under Title 17 of this article.    (e)    The Department shall adopt regulations to administer and enforce the provisions of this section.
MD. Environment Code Ann. §  16-107 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 1 - In General|Section 16-107 - Use of Licensed Marine Contractor to Undertake Marina Expansion

    (a)    (1)    This section applies to a development project to expand a marina that historically operated as a working marina for the sole purpose of supporting aquaculture or seafood operations.        (2)    This section does not apply to a development project to expand a marina if the existing or expanded marina is used to allow a person to moor, dock, or store recreational or pleasure vessels.    (b)    (1)    Except as provided in subsection (c) of this section, the Board may issue a license under this title for a development project to expand a marina that is located in an area where the water depth is less than 4 1/2 feet at mean low water and on a waterway without strong flushing if the development project:            (i)    Enhances aquaculture activities or seafood operations;            (ii)    Is located in a marina or seafood operation at a marina operated by a nonprofit organization to promote aquaculture activities or oyster restoration in the State;            (iii)    Does not adversely impact submerged aquatic vegetation; and            (iv)    Will further the policies of the State related to aquaculture.        (2)    The license authorized under paragraph (1) of this subsection may authorize dredging to improve navigational access to the marina or marina facility operations.    (c)    The Board may not issue a license under this title unless the applicant for the license has obtained the following authorizations if required by local, State, or federal law:        (1)    Local planning or zoning authorization;        (2)    An aquaculture lease;        (3)    A water column lease or a submerged land lease issued by the Department of Natural Resources; and        (4)    A permit issued by the U.S. Army Corps of Engineers under § 404 of the federal Clean Water Act or under § 10 of the federal Rivers and Harbors Act.
MD. Environment Code Ann. §  16-201 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 2 - State Wetlands|Section 16-201 - Accretion to and Improvement in Front of Land on Navigable Water; Reclamation of Lost Fast Land; Continuation of Existing Rights; Regulations

    (a)    A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the person’s ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front of the land to preserve that person’s access to the navigable water or, subject to subsection (c), protect the shore of that person against erosion. After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached. A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land.    (b)    The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978.    (c)    (1)    Improvements to protect a person’s property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except:            (i)    In areas designated by Department mapping as appropriate for structural shoreline stabilization measures; and            (ii)    In areas where the person can demonstrate to the Department’s satisfaction that such measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures.        (2)    (i)    Subject to subparagraph (ii) of this paragraph, in consultation with the Department of Natural Resources, the Department shall adopt regulations to implement the provisions of this subsection.            (ii)    Regulations adopted by the Department under subparagraph (i) of this paragraph shall include a waiver process that exempts a person from the requirements of paragraph (1) of this subsection on a demonstration to the Department’s satisfaction that nonstructural shoreline stabilization measures are not feasible for the person’s property.
MD. Environment Code Ann. §  16-203 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 2 - State Wetlands|Section 16-203 - 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. §  16-204 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 2 - State Wetlands|Section 16-204 - Appeals

    (a)    Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board.    (b)    A party has standing to file a petition under subsection (a) of this section if the party:        (1)    Meets the threshold standing requirements under federal law; and        (2)    (i)    Is the applicant; or            (ii)    Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.    (c)    (1)    A contested case hearing may not occur on a decision of the Board in accordance with § 16–202 of this subtitle.        (2)    Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.
MD. Environment Code Ann. §  16-301 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-301 - Inventory; Preparation of Boundary Maps; Hearings on Proposed Boundary Map; Order Establishing Bounds and Regulations

    (a)    The Secretary shall promptly delineate the landward boundaries of any wetlands in the State. The landward boundaries of the wetlands shall be shown on suitable maps or aerial photographs on a scale of 1 inch to 200 feet. The maps shall cover an entire political subdivision of the State as determined by the Secretary.    (b)    The Secretary shall hold a public hearing in the county of the affected wetlands on completion of the boundary map required in subsection (a) of this section and adoption of proposed regulations provided in § 16-302 of this subtitle. The Secretary shall give notice of the hearing by registered or certified mail not less than 30 days prior to the hearing date, to each owner shown on tax records as an owner of land designated on the map as a wetland. The notice shall include the proposed regulations. The Secretary shall publish notice of the hearing at least once not more than 30 days and not fewer than 10 days before the date of the hearing in a newspaper published within and having a general circulation in every county where the wetlands are located.    (c)    After considering the testimony at the hearing and any other pertinent fact, considering the rights of every affected property owner, and the purposes of this subtitle, the Secretary shall establish by order the landward bounds of each wetland and the regulations applicable to the wetland. A copy of the order, together with a copy of the map depicting the boundary lines, shall be filed among the land records in accordance with subsection (d) of this section in every county affected after final appeal has been completed. The Secretary shall give notice of the order to each owner of record of any land designated as wetlands by mailing a copy of the order to the owner by registered or certified mail. The Secretary also shall publish the order in a newspaper published within and having a general circulation in every county where the wetlands are located.    (d)    Filing among the land records means that the clerk of the circuit court for each affected county shall maintain all wetlands maps and regulations so as to be accessible to the public and shall display prominently to the public an index map prepared by the Department, which shall indicate the location of each wetlands map within the county, referenced by number corresponding to the map on file. Filing of maps and regulations in accordance with this subsection shall be deemed to constitute notice at all times, to the public and to all property owners affected by this subtitle, of the applicability to the wetlands areas indicated on the maps, regardless of ownership, of the requirement to obtain a permit before dredging or filling private wetlands.
MD. Environment Code Ann. §  16-302 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-302 - Regulations Governing Dredging and Filling

    (a)    To promote the public safety, health, welfare, wildlife, and marine fisheries, the Secretary may adopt regulations governing dredging, filling, removing, or otherwise altering or polluting private wetlands. The regulations may vary as to specific tracts of wetlands because of the character of the wetlands.    (b)    The regulations shall be adopted with the advice and consent of the Maryland Agricultural Commission, and in consultation with any appropriate unit in the affected political subdivision.    (c)    The Secretary shall transmit a copy of any proposed regulations to the Maryland Agricultural Commission. Within 60 days from the receipt of the copy, the Maryland Agricultural Commission shall inform the Secretary of the Commission’s decision as to the acceptance or rejection of the regulations. Failure to so inform the Secretary shall be considered approval of the regulations by the Commission.
MD. Environment Code Ann. §  16-303 (2021)
2021 Maryland Statutes|Environment|Title 16 - Wetlands and Riparian Rights|Subtitle 3 - Private Wetlands|Section 16-303 - Modification of Wetlands Maps

    (a)    The Secretary may:        (1)    Modify, correct, or update the boundary maps established under § 16-301 of this subtitle; or        (2)    Amend the regulations adopted under § 16-302 of this subtitle.    (b)    The Secretary shall notify members of the public and affected property owners of proposed changes to wetlands maps or regulations as follows:        (1)    A public hearing on proposed changes shall be held in each county in which affected wetlands are located; and        (2)    Notice of proposed changes and of the public hearing shall be:            (i)    Published in the Maryland Register;            (ii)    Published at least once not more than 30 days and not fewer than 10 days before the date of the hearing in at least 1 newspaper published within and having a general circulation in every county where the affected wetlands are located, according to the advice of the county executive or president of the county commissioners;            (iii)    Posted by the Department in the offices of each county government at locations that will best inform the public according to the advice of the county executive or president of the county commissioners; and            (iv)    For proposed changes to wetlands maps and not for proposed changes to regulations, mailed by the Department by certified mail not less than 30 days before the public hearing to each owner shown on the tax records as an owner of land affected by a modification, correction, or update of the boundary map.    (c)    Each revised map and amended regulation shall be filed among the land records in accordance with § 16-301(d) of this subtitle.    (d)    (1)    Subject to the provisions of paragraph (2) of this subsection, the amendment of a wetlands boundary map under this section may not be deemed to alter the boundaries of the Chesapeake Bay Critical Area designated under § 8-1807 of the Natural Resources Article.        (2)    The boundaries of the Critical Area may be amended under § 8-1809 of the Natural Resources Article.