reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 6 - Maryland Deepwater Port Siting Act › Section 3-604 - Duties of Secretary of Natural Resources

In order to carry out the policy of this subtitle, the Secretary of Natural Resources shall:
(1)    On his or the Governor’s determination that the State’s interest should be considered in an application proceeding under the federal act, request the federal Secretary to designate the State of Maryland as an “adjacent coastal state”. The request shall be communicated only with the approval of the Governor and shall include evidence to support the conclusion that there is a risk of damage to the coastal environment of the State equal to or greater than the risk posed to a state directly connected by pipeline to the proposed deepwater port. A request shall be communicated in accordance with § 9(a)(2) of the federal act;
(2)    Determine and collect reimbursement for those costs to the State associated with the processing of an application for which the applicant is responsible to the State under the federal act;
(3)    Present the views of the State to the federal Secretary, other than those required under item (1) of this section, regarding the location, construction and operation of a deepwater port;
(4)    Request all documents, reports or other information from the federal Secretary under the federal act which are necessary to assist the State in the processing of an application;
(5)    Set reasonable fees permitted under the federal act for the use of a deepwater port facility and State land–based facilities directly related to a deepwater port facility; and
(6)    Obtain the suggestions and comments of those departments having responsibility associated with the duties enumerated in this section.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-902 - Purpose of Subtitle

For the benefit of the people of the State of Maryland, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that provision be made for the efficient collection and disposal of waste on a regional basis from both public and private sources in compliance with State and federal laws, regulations, and policies and for the generation of energy and the recovery of useable resources from such waste to the extent practicable. It is the purpose of this subtitle to assist certain participating political subdivisions of this State, other public entities and the private sector of the economy to provide adequate waste disposal facilities (including those which provide for energy generation and resource recovery) and facilities for the generation of steam, electricity, or other forms of energy from fuels which are derived from or are otherwise related to waste disposal facilities by providing a regional coordinating agency and a financing vehicle for such facilities. It is the purpose of this subtitle to assist the participating counties to effect waste disposal programs on a regional basis and to that end this subtitle provides for the creation of the Authority. It is the intention and purpose of this subtitle that, without in any way limiting the discretion of the Authority, the Authority and the Maryland Environmental Service cooperate to the maximum extent practicable in effecting a regional waste disposal program in the participating counties.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-906 - Source of Payment of Expenses

All expenses incurred in carrying out the provisions of this subtitle shall be payable solely from funds provided under the authority of this subtitle and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which money shall have been provided under the provisions of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-907 - Authority to Issue Bonds

(a)    The Authority is hereby authorized and empowered, by resolution, to issue bonds for the purpose of financing the cost of one or more projects or for any other corporate purpose. Except as may otherwise be expressly provided by the Authority, every issue of its bonds shall be general obligations of the Authority payable from any revenues or money of the Authority available therefor and not otherwise pledged, subject only to any agreements with holders of particular bonds pledging any particular revenues or money and to any agreements with any persons or subdivisions. The Authority may issue its bonds without obtaining the consent of any board, agency, department or unit of the State, and without any other proceedings or the happening of any conditions or things other than those specifically required hereunder. The Authority and the Maryland Environmental Service may enter into agreements providing for (i) the financing by the issuance of bonds of the Maryland Environmental Service of projects provided for any subdivision by the Authority or (ii) the financing by the issuance of bonds of the Authority of projects provided for any subdivision by the Maryland Environmental Service.
(b)    The Authority shall have absolute discretion to determine with respect to the bonds of any issue:
(1)    The date or dates of issue;
(2)    The date or dates of maturity and the amount or amounts maturing on such date or dates, provided only that no bond of any issue shall mature later than 40 years from the date of its issue;
(3)    The rate or rates of interest payable on such bonds and the date or dates of such payment;
(4)    The form or forms, denomination or denominations, manner of execution and the place or places of payment thereof and of the interest thereon, which may be at any bank or trust company within or without this State;
(5)    Whether such bonds or any part thereof shall be made redeemable before maturity and, if so, upon what terms, conditions, and prices; and
(6)    Any other matter relating to the forms, terms, conditions, issuance, and sale thereof.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-908 - Execution of Bonds; Negotiable Instruments; Registration; Replacement

(a)    In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
(b)    Notwithstanding any other provisions of this subtitle or any recitals in any bonds issued hereunder, all such bonds shall be deemed to be negotiable instruments under the laws of this State.
(c)    The bonds may be issued in coupon or in registered form or both, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds. Provision may also be made for the replacement of bonds which become mutilated or are stolen, lost or destroyed.
(d)    The bonds shall be exempt from the provisions of §§ 19–205 and 19–206 of the Local Government Article and §§ 8–206 and 8–208 of the State Finance and Procurement Article, and the Authority may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-911 - Trust Agreement Securing Bonds

(a)    Bonds may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having trust powers, within or without the State. Such trust agreement may pledge or assign all or any part of the revenues of the Authority or of any project, and may mortgage or grant a lien on or security interest in any project or any part thereof. Any such trust agreement or resolution authorizing the issuance of bonds may contain such provisions for the protection and enforcement of the rights and remedies of the bondholders as may be deemed reasonable and proper, including covenants setting forth the duties of the Authority in relation to the acquisition or construction of any project, the extension, enlargement, improvement, maintenance, operation, repair and insurance of any project and the custody, safeguarding and application of money and may contain provisions for the employment of consulting engineers and other experts in connection with the construction or operation of any project. It shall be lawful for any bank or trust company incorporated under the laws of this State which may act as depository of the proceeds of the bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Such trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders. In addition to the foregoing, such trust agreement may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders, including (without limitation) covenants to abandon, restrict, or prohibit the construction or operation of competing facilities and covenants pertaining to the issuance of additional parity bonds upon conditions stated therein consistent with the requirements of this subtitle. All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of any project or projects in connection with which such bonds shall have been issued.
(b)    The proceeds of the sale of bonds shall be paid to the trustee under any trust agreement securing such bonds and shall be disbursed in such manner and under such restrictions, if any, as may be provided in such trust agreement.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-913 - Remedies of Bondholders and Trustees

Any holder of bonds or of any of the coupons thereto appertaining and the trustee (except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or by any trust agreement securing, such bonds) may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this subtitle or by such resolution or trust agreement to be performed by the Authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, rentals, fees, and charges herein authorized required by the provisions of such resolution or trust agreement to be fixed, charged, and collected.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-914 - Bonds Made Legal Investments

Bonds are hereby made securities in which all public officers and public bodies of the State of Maryland and its political subdivisions and all banks, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all personal representatives, executors, administrators, guardians, trustees and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by a State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-915 - Bonds Not Pledge of Full Faith and Credit and Taxing Power; Contracts Between Subdivision and Authority

The bonds shall not be deemed to constitute a debt, liability or a pledge of the faith and credit of the State of Maryland or of any political subdivision thereof other than the Authority, but such bonds shall be payable solely from the funds herein provided therefor. All such bonds shall contain on the face thereof a statement to the effect that neither the State of Maryland nor any political subdivision thereof other than the Authority shall be obligated to pay the same or the interest thereon except from revenues pledged thereto and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this subtitle is not directly or indirectly or contingently an obligation, moral or other, of the State of Maryland or any political subdivision thereof to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment. Nothing contained in this section shall prevent the Authority from pledging its full faith and credit to the payment of bonds authorized pursuant to this subtitle. However, this section does not limit the ability of the State or a subdivision to set, impose, or collect an assessment, rate, fee, or charge to pay to the Authority the cost of a project, including the principal of and interest on a bond or note, under an agreement between the Authority and the State or subdivision.
Notwithstanding any limitations or other provisions to the contrary of Division II, Title 9, Subtitle 2 or Subtitle 3, Title 10, or Title 11 of the Local Government Article, or of any charter or local law regulating the creation of public debts, a subdivision may enter into contracts with the Authority for the purpose of defraying the Authority’s costs of acquiring, constructing, operating, or providing a project, which costs may include debt service requirements of the Authority relating to that project. These contracts are not intended and shall not be deemed to constitute or create a debt of the subdivision or a pledge of its faith or credit within the meaning of any of these limitations or any constitutional or other provisions. Such a project shall not be deemed to be a capital project of the subdivision within the meaning of any of these limitations or other provisions, and a resolution, ordinance, or other official action authorizing such contracts is not subject to referendum or other procedure not applicable to all ordinances or resolutions enacted by the subdivision. For the purposes of this section, the express powers contained and enumerated in Division II and Title 10 of the Local Government Article and in the charter of the City of Baltimore are deemed to incorporate and include the power and authority contained in this section.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-916 - Exemption From Taxation

The exercise of the powers granted by this subtitle is and will be in all respects for the benefit of the people of the State of Maryland and the participating counties, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and since the activities of the Authority and the operation and maintenance of its projects will constitute the performance of essential governmental functions, the Authority shall be exempt from any payment of or liability for any and all taxes, whether federal, State, or local, now or hereafter levied or imposed, and any assessments or other governmental charges. The bonds of the Authority, their transfer, the interest payable thereon, and any income derived therefrom, including any profit realized in the sale or exchange thereof, shall at all times be exempt from taxation of every kind and nature whatsoever by the State of Maryland or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-917 - Authority Not Required to Give Security for Costs; Liens; Assignments of Wages

The Authority shall not be required to give any bond as security for costs, supersedeas, or any other security in any suit or action brought by or against it, or in proceedings to which it may be a party, in any court in this State, and the Authority shall have the remedies of appeal of whatever kind to all courts without bonds, supersedeas, or security of any kind. No builder’s, materialman’s, contractor’s, laborer’s, or mechanic’s liens of any kind or character shall ever attach to or become a lien upon any property, real or personal, belonging to the Authority and no assignment of wages shall be binding upon or recognized by the Authority.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-918 - Rules and Regulations; Payment by State or Agencies for Services

(a)    Except as otherwise provided by this subtitle, the Authority is hereby authorized to adopt, formulate, and revise from time to time, and enforce rules and regulations necessary for the regulation of its internal affairs and for the use and operation of its projects, and of any other laws the administration of which is vested in the Authority; provided, however, that no such rule or regulation concerning the use or operation of a project shall be in conflict with any rule or regulation of the Department of the Environment. The Authority may limit or regulate waste disposal service on a temporary basis in any area or to any premises served by Authority projects, as the exigencies of the occasion and the protection of its systems require. The Authority shall make such regulations consistent with law as it may deem necessary for the public safety, health, comfort or convenience, in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of its projects.
(b)    Notwithstanding any other provision of law granting to the State or to any of its agencies or instrumentalities an exemption from charges and/or fees, the State or any of its agencies or instrumentalities shall pay to the Authority any contractual obligation, or benefit or connection charges imposed thereon, for services rendered.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-919 - Zoning or Planning Authority of Subdivision Not Affected; Authority Not Deemed Public Service Company; Contracts Between Subdivision and Maryland Environmental Service

(a)    Nothing in this subtitle shall be construed to alter, change, modify, or restrict the zoning or land use planning authority of any subdivision, municipality, or public instrumentality.
(b)    The Authority shall not be deemed to be a public service company within the meaning of the Public Utilities Article, and the jurisdiction and powers of the Public Service Commission shall not extend to the Authority.
(c)    Unless otherwise expressly prohibited by any contractual agreement, a subdivision may enter into a contract with the Maryland Environmental Service relating to the provision by the Maryland Environmental Service of any project.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-920 - Notice of Intention to Undertake Project; Adverse Finding by Subdivision

Prior to the acquisition, construction, leasing or installation of a project or the material extension of an existing project, the Authority shall deliver or mail by certified mail a notice of its intention to undertake such project or extension of a project to the chief executive officer of the county in which such project is or is to be located and to the secretary or clerk of the board of county commissioners or the legislative body of such county (as the case may be). The Authority shall not acquire, construct, lease, or install a project or materially extend any existing project if the board of county commissioners, the city council, or the county council (as the case may be) of the county in which such project is or is to be located advises the Authority, within 120 days following the date of the notice required in this section, that it has found that, after a public hearing which has been advertised in a newspaper of general circulation in the affected county at least 14 days prior to such hearing and after considering the recommendations of the chief executive officer of the county and such other facts as it deemed relevant and material, such acquisition, construction, leasing, installation, or extension would be contrary to the best interests of the residents of such county because it would be contrary to the health, safety and welfare of the citizens of such county by reason of (i) the impact of such project on the environment, or (ii) a conflict of such project with the master plan of the county, or (iii) such other facts concerning such project or effects of such project as such legislative body shall find would have an adverse effect on such health, safety and welfare.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-921 - Award of Contracts for Purchases

All purchases, including but not limited to contracts and orders for materials, services and supplies performed or furnished in connection with the construction of any project owned by the Authority, shall be awarded in accordance with rules and regulations adopted pursuant to the Administrative Procedure Act, which rules and regulations shall provide, with respect to contracts and orders involving the expenditure of more than $10,000 for award by resolution of the Authority after either competitive bidding or public design competition, and which rules and regulations need not be approved by any other board, agency or department of the State. The Authority’s rules and regulations providing for competitive bidding or public design competition may include competitive sealed bidding, competitive negotiation, and revised bids after competitive sealed bidding where all bids are rejected as methods for source selection and contract formation. The State Finance and Procurement Article does not apply to the Authority.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-922 - Judicial Review

Judicial review of any action under this subtitle shall in all instances include the right to appeal to the Maryland Court of Special Appeals and the Maryland Court of Appeals; provided, however, that nothing in this subtitle shall be construed or applied so as to permit any court or State or local regulatory authority to impair any obligation of the Authority to fix, charge and collect rates, rentals, fees and charges in amounts sufficient to satisfy any covenant in any resolution authorizing bonds or in any trust agreement securing bonds.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-923 - Reports to Governor and Participating Counties; Financial Accounting; Annual Audit; State Audit

(a)    Within the first ninety days of each fiscal year, the Authority shall make a report to the Governor and to the chief executive officer and the legislative body of each participating county of its activities for the preceding fiscal year. Each such report shall set forth the complete operating and financial statement covering its operations during such year.
(b)    The Authority shall make provision for a system of financial accounting, controls, audits, and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. The Authority shall adopt the fiscal year of July 1 to June 30, designate the necessary funds for complete accountability, and specify the basis of accounting for each fund. As soon as practical after the closing of the fiscal year, an audit shall be made of the financial books, records, and accounts of the Authority. The audit shall be made by independent certified public accountants, selected by the Authority and licensed to practice in the State. The accountants may not have a personal interest either directly or indirectly in the fiscal affairs of the Authority. They shall be experienced and qualified in the accounting and auditing of public bodies. The report of audit shall be prepared in accordance with generally accepted auditing principles and point out any irregularities found to exist. The accountants shall report the results of their examination, including their unqualified opinion on the presentation of the financial position of the various funds and the results of the Authority’s financial operations. If they are unable to express an unqualified opinion they shall state and explain in detail the reasons for their qualifications, disclaimer, or opinion including recommendations necessary to make possible future unqualified opinions.
(c)    The books, records, and accounts of the Authority are subject to audit by the State. Any officer or employee who refuses to give the required assistance and information to the accountants selected by the Authority or by the State, or who refuses to submit to them for examination the books, documents, records, files, accounts, papers, things, or property required for the audit, in the discretion of the Authority, may be required to forfeit his or her office or employment.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-924 - Termination of Existence of Authority

The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds outstanding, unless adequate provision has been made for the payment thereof. Upon making adequate provision for the payment of all outstanding bonds of the Authority, the Authority may merge into the Maryland Environmental Service, with the consent of the Maryland Environmental Service and the approval of the Governor, by filing a statement of merger with the Secretary of State and the Department of Legislative Services. Upon termination of the existence of the Authority, all its rights and properties shall pass to and be vested in the State for such distribution as may be provided for in contracts between the Authority and the participating counties and in the statement of merger, if any.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9 - Northeast Maryland Waste Disposal Authority › Section 3-926 - Deeds and Releases Upon Payment of Bonds

When the principal of and interest on bonds of the Authority issued to finance the cost of a particular project or projects for a subdivision or person, (including any refunding bonds issued to refund and refinance such bonds), have been fully paid and retired, or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the Authority, to the extent required by applicable agreements with any person or subdivision shall promptly do such things and execute such deeds, releases, and documents as are necessary and required:
(1)    To convey title to such project or projects to such person or subdivision, free and clear of all liens and encumbrances, all to the extent that title to such project or projects shall not, at the time, then be vested in such person or subdivision; and
(2)    To release securities held as collateral by a trustee or trustees pursuant to the trust agreement to such person or subdivision, which had, pursuant to the trust agreement, deposited and turned over such securities to a trustee or trustees in order to assure the full payment and retirement of said bonds, free and clear of all liens and encumbrances, all to the extent that title to such securities shall not, at the time, then be vested in such person or subdivision.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 9A - Solid Waste Disposal Facilities › Section 3-9A-01 - Contracts by Certain Charter Counties for Solid Waste Disposal Facilities Authorized

(a)    By resolution or ordinance of its legislative body, any charter county not a party to the Northeast Maryland Waste Disposal Authority provided for in § 3-903 of this title may enter into contracts with any industrial concern for the collection, storage, treatment, utilization, processing or final disposition of solid waste or for the recovery of material or energy therefrom, or any combination thereof.
(b)    The contracts:
(1)    Shall be only in connection with solid waste disposal facilities financed under this article located within the charter county or another participating county; and
(2)    May not be in connection with a landfill.
(c)    The contracts may be for a period not to exceed 30 years.
(d)    The contracts may provide for minimum amounts of waste to be delivered or processed, and payment based thereon, whether or not the waste is actually delivered or processed, and may contain other terms and conditions as the parties consider appropriate.
(e)    Any contract may not be deemed a debt of or gift of the county within the meaning of any provision of law or charter, but shall constitute only the contractual liability provided by its terms.
(f)    The county may award or negotiate contracts which it deems to be in its best interest in the manner provided with respect to State competitive sealed proposals under § 13-104 of the State Finance and Procurement Article.
(g)    If construction of any waste disposal facility subject to the provisions of subsection (a) of this section is proposed within 1 mile of the border of an adjoining county, the government of the county in which construction is proposed shall provide the government of the adjoining county with a copy of the filings and notice of public hearings required under § 9-209 of the Environment Article.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part I - General Provisions › Section 3-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Coast Smart” means a construction practice in which preliminary planning, siting, design, construction, operation, maintenance, and repair of a structure or highway facility avoids or minimizes future impacts associated with coastal flooding and sea level rise inundation.
(2)    “Coast Smart” includes design criteria and siting criteria that are applicable throughout the entire life cycle of a project.
(c)    “Council” means the Coast Smart Council.
(d)    “Design criteria” means standard specifications related to the shape, size, or form of a construction practice.
(e)    “Freshwater” means water with a total dissolved–solid concentration of less than 1,000 mg/L.
(f)    “Highway facility” has the meaning stated in § 3–101(f) of the Transportation Article.
(g)    “Nuisance flooding” means high–tide flooding that causes public inconvenience.
(h)    (1)    “Replacement cost” means, at the time of reconstruction, the cost of reconstructing a structure and its surrounding property to full use with materials of the same kind and quality as the original materials.
(2)    “Replacement cost” does not include:
(i)    The value of the land on which a structure is located; or
(ii)    For tax purposes, a deduction for depreciation.
(i)    (1)    “Saltwater intrusion” means the movement of water with a total dissolved–solid concentration greater than or equal to 1,000 mg/L to freshwater.
(2)    “Saltwater intrusion” includes saltwater intrusion into surface water, aquifers, and soils.
(j)    “Sea level rise inundation” means the inundation of land from a sea level rise of 2 feet, as determined by the Council.
(k)    “Siting criteria” means specifications related to the location or use of a structure or highway facility.
(l)    “Structure” means:
(1)    A walled or roofed building;
(2)    A manufactured home; or
(3)    A gas or liquid storage tank that is principally above ground.
(m)    “Substantial damage” means damage caused by any source that is sustained by a structure such that the cost of reconstruction to its before–damaged condition is at least half of the structure’s replacement cost before the damage occurred.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part II - Coast Smart Council › Section 3-1005 - Membership; Chair; Term; Compensation; Reimbursement for Expenses

(a)    The Coast Smart Council shall include:
(1)    The Secretary of Natural Resources, or the Secretary’s designee;
(2)    The Secretary of Budget and Management, or the Secretary’s designee;
(3)    The Secretary of the Environment, or the Secretary’s designee;
(4)    The Secretary of General Services, or the Secretary’s designee;
(5)    The Secretary of Planning, or the Secretary’s designee;
(6)    The Secretary of Transportation, or the Secretary’s designee;
(7)    The Secretary of Commerce, or the Secretary’s designee;
(8)    The Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, or the Chair’s designee;
(9)    The Secretary of Emergency Management, or the Secretary’s designee;
(10)    The State Treasurer, or the State Treasurer’s designee;
(11)    The Chancellor of the University System of Maryland, or the Chancellor’s designee; and
(12)    Five members appointed by the Governor to represent local government, environmental, and business interests.
(b)    The Secretary of Natural Resources or the Secretary’s designee shall chair the Council.
(c)    (1)    Subject to paragraph (2) of this subsection, the term of a member appointed by the Governor is 2 years.
(2)    The Governor shall stagger the terms of the initial appointed members.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the remainder of that term and until a successor is appointed and qualifies.
(5)    The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.
(d)    A member appointed by the Governor may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part II - Coast Smart Council › Section 3-1006 - Duties; Subcommittees

(a)    The Council shall:
(1)    Study and provide analysis regarding standards and factors relevant to the establishment of Coast Smart siting criteria and design criteria;
(2)    Develop siting and design criteria to establish and implement Coast Smart practices and requirements;
(3)    Develop eligibility criteria, standards, and procedures for applying for and obtaining a waiver from compliance with the Coast Smart requirements; and
(4)    Establish procedures for evaluating Coast Smart waiver applications that include the consideration of proposed capital projects with regard to:
(i)    The anticipated need to prepare for, respond to, and recover from extreme weather events, sea level rise inundation, coastal flooding, storm surges, and shoreline erosion; and
(ii)    The need to prevent danger to life and property and to avoid environmental, socio–economic, and economic harm.
(b)    The chair of the Council may establish subcommittees consisting of members of the Council, experts in fields related to climate change and sea level rise, and interested parties to address or study specific issues.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part III - Coast Smart Design and Siting Criteria › Section 3-1009 - Siting and Design Criteria

(a)    (1)    This section applies to State and local capital projects for which at least 50% of the project costs are funded with State funds.
(2)    This section does not apply to a capital project that costs less than $500,000.
(b)    (1)    Beginning July 1, 2020, if a State or local capital project includes the construction of a structure or highway facility, the structure or highway facility shall be constructed in compliance with siting and design criteria established under subsection (c) of this section.
(2)    Beginning July 1, 2020, if a State or local capital project includes the reconstruction of a structure with substantial damage, the structure shall be reconstructed in compliance with siting and design criteria established under subsection (c) of this section.
(c)    (1)    The Council, in consultation with the Department and the Department of Transportation, shall establish Coast Smart siting and design criteria to address sea level rise inundation and coastal flood impacts on State and local capital projects.
(2)    The criteria adopted under this subsection shall include:
(i)    Guidelines and any other directives applicable to the preliminary planning and construction of a proposed capital project;
(ii)    A requirement that a structure be designed and constructed or reconstructed in a manner to withstand the storm surge from a storm that registers as a category 2 on the Saffir–Simpson hurricane wind scale, including a requirement for structures to be constructed or reconstructed at a minimum elevation above the projected storm surge; and
(iii)    Provisions establishing a process to allow a unit of State or local government to obtain a waiver from complying with the requirements of subsection (b) of this section.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part IV - Saltwater Intrusion › Section 3-1012 - Saltwater Intrusion Adaptation Plan

(a)    On or before December 15, 2019, the Department of Planning, in consultation with the Department, the Department of the Environment, and the Department of Agriculture, shall establish a plan to adapt to saltwater intrusion.
(b)    The plan established under subsection (a) of this section shall be updated at least once every 5 years.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part V - State Mitigation › Section 3-1015 - Criteria to Evaluate Use of State Funds to Mitigate Hazards Associated With Sea Level Rise Inundation and Coastal Flooding

(a)    The Board of Public Works, in conjunction with the Department, the Department of the Environment, and the Maryland Department of Emergency Management, shall establish criteria to evaluate whether State funds may be used to mitigate hazards associated with sea level rise inundation and coastal flooding.
(b)    The criteria established under subsection (a) of this section shall incorporate tools to assess the vulnerability of an area or a structure to hazards associated with sea level rise inundation and coastal flooding, including tools to measure:
(1)    The level of exposure of an area or a structure to hazards; and
(2)    The degree to which an area or a structure is likely to be affected by the exposure to hazards.
2023 Maryland Statutes › Natural Resources › Title 3 - Environmental Programs › Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding › Part VI - Nuisance Flooding › Section 3-1018 - Nuisance Flooding Plan

(a)    On or before October 1, 2019, the Department of Planning, in consultation with the Department and the Department of the Environment, shall develop and publish guidelines to assist local jurisdictions in the collection of data to establish nuisance flooding baselines.
(b)    (1)    On or before October 1, 2020, a local jurisdiction that experiences nuisance flooding shall develop a plan to address nuisance flooding.
(2)    A local jurisdiction shall update the plan required under paragraph (1) of this subsection at least once every 5 years.
(3)    A local jurisdiction shall publish the plans required under this subsection on the local jurisdiction’s website.
(c)    A local jurisdiction that develops a plan to address nuisance flooding shall submit a copy of the nuisance flooding plan to the Department of Planning.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 1 - In General › Section 4-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Apprenticeship permit” means a permit issued by the Department that authorizes the permittee to gain practical experience in the presence of a tidal fish licensee regarding commercial fishing activities.
(c)    “Authorization” means an authorization under a tidal fish license issued by the Department which entitles a licensee to engage in a particular fishing activity.
(d)    “Catch” includes to take, kill, trap, gather, harvest, or in any manner reduce any fish to personal possession.
(e)    “Closed season” means the time during which any particular species of fish may not be caught legally and includes any period of time not included within the open season.
(f)    “Commercial fishing pier” means a pier open to the public that charges a fee to fish in the tidal waters of the State.
(g)    “County” includes Baltimore City unless otherwise indicated.
(h)    “Crew member” means a person who assists a tidal fish licensee during commercial fishing activities including operating a boat, handling fishing related gear, or culling fish.
(i)    “Department” means Department of Natural Resources.
(j)    “Fish” means finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water and any part, egg, offspring, or dead body of any of these species.
(k)    “Game and freshwater fish” means fish found in nontidal water, including but not limited to, a pond, lake, or canal, whether publicly or privately owned.
(l)    “Hailing system” means a communication system used by licensees to notify the Department of a fishing trip, harvest, or other fishing related information as required by the Department.
(m)    “Nontidal water” means water above a point where the tide ebbs and flows.
(n)    “Open season” means the time during which fish legally may be caught and includes both the first and last day of the season or period designated in this title.
(o)    “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(p)    “Resident” means an individual who:
(1)    For more than 6 months of the taxable year maintains a residence in the State; or
(2)    Moves to the State with the intent to be domiciled in the State.
(q)    “Secretary” means Secretary of Natural Resources.
(r)    “Tidal fish license” means a license issued by the Department which authorizes the licensee to guide fishing parties, catch fish for commercial purposes and buy, sell, process, transport, export or otherwise deal in fish which were caught in the tidal waters of Maryland.
(s)    “Tidal water” means water below a point where the tide ebbs and flows.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 1 - In General › Section 4-102 - Application of State Local or General Laws Regulating Size and Sale of Fish Generally; Finfish and Shellfish Caught in Compliance With Regulations of Potomac River Fisheries Commission

(a)    Any local or general law of the State which sets or regulates minimum and maximum sizes of fish, or regulates or prohibits the sale of fish, applies whether the fish are caught in the waters of the State or in the waters of any other state, county, or territory and brought into the State. Any fine or penalty prescribed for violation of these laws applies to the same extent.
(b)    Notwithstanding any general or local laws or ordinances to the contrary, finfish, crabs, oysters, clams, and other shellfish, caught in the waters within the jurisdiction of the Potomac River Fisheries Commission, in compliance with regulations prescribed by the Commission pursuant to the Potomac River Compact of 1958, may be possessed, stored, marketed, and otherwise disposed of elsewhere in the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 1 - In General › Section 4-103 - Legislative Findings

(a)    The General Assembly finds that:
(1)    Fishing is a valued part of the State’s cultural and social heritage that provides unique recreational benefits to residents of the State; and
(2)    Fishing plays an important part in the State’s economy by contributing to tax revenues and employment and supports the conservation, preservation, and management of the State’s fisheries, natural areas, and water resources.
(b)    It is the intent of the General Assembly that residents of the State have a right to fish subject to regulations and restrictions under laws that the General Assembly enacts.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-203 - Transfer of Jurisdiction of Department of Game and Inland Fish and Fish and Wildlife Administration to Department

Every right, power, duty, obligation, and function previously conferred upon or exercised by the Department of Game and Inland Fish or the Fish and Wildlife Administration is transferred to and may be exercised by the Department. Every reference to the Department of Game and Inland Fish or the Fish and Wildlife Administration which appears in the Code, in any other State law, or in any ordinance, resolution, rule, regulation, legal action, directive, or document, means the Department.