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2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Benefited property” means land immediately abutting the waters of the State that is protected by an erosion control project constructed under the provisions of this subtitle.
(2)    “Benefited property” includes land in the vicinity of the waters of the State that is protected by the erosion control project when:
(i)    The owner of the land has rights of access to land immediately abutting the waters; and
(ii)    The owner is a party to the application for assistance in the project.
(c)    “Fund” means the Shore Erosion Control Construction Loan Fund.
(d)    “Net project construction cost” means the construction cost paid from the Fund, equal to the project construction cost, plus any excess costs, less the property owner’s cash contribution.
(e)    “Project construction cost” means the estimated cost to design and construct a shore erosion control project, exclusive of supervision, inspection, and maintenance costs.
(f)    “Property owner’s cash contribution” means the sum an owner of property benefited by a shore erosion control project is required to pay in a lump sum prior to construction of the project.
(g)    “Shore erosion control project” means a competently designed work project, which may include but is not limited to erection or placement of bulkheads, groins, or other erosion control devices, and measures required to stabilize waterside, shorelines, and banks, and to change drainage patterns, all in order to halt or retard erosion of shorelines and deposit of eroded sediments in the waters of the State.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1002 - Powers and Duties of Department

The Department shall:
(1)    Develop and implement a program to educate the public on every phase of shore and bank erosion, its causes and effects, the locations where erosion is a problem, and steps to be taken to control erosion;
(2)    Review petitions for formation of shore erosion control districts presented to any county and report to the county as provided in § 21–303 of the Local Government Article;
(3)    Provide technical assistance to individual property owners, municipalities, and counties having specific shore and bank erosion problems;
(4)    Design or cause to be designed shore erosion control projects, including vegetative cover, in shore erosion control districts;
(5)    Enter into agreements with any person to construct shore erosion control projects;
(6)    Administer the Fund to provide loans to any person in support of construction of shore erosion control projects;
(7)    Supervise or provide supervision of design and erection of any shore protective device the Fund finances in whole or part;
(8)    Prepare requests for appropriation of funds necessary to maintain the Fund;
(9)    Cooperate with the following units:
(i)    The State Highway Administration for shore erosion control where essential to protect municipal, county, or State roads;
(ii)    The United States Army Corps of Engineers to conduct shore erosion studies; and
(iii)    The Soil Conservation Service of the United States Department of Agriculture to evaluate and apply vegetative measures for shore erosion control;
(10)    Design, construct, and maintain shore erosion control works on State–owned lands if these projects are included in the budget for the Fund;
(11)    Actively seek to obtain available funds from the federal government for shore erosion control projects; and
(12)    Adopt regulations to implement this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1003 - Shore Erosion Control Projects

(a)    The owner of any property abutting on any body of water in the State may file a written application with the Department requesting State assistance in the design, construction, and financing of a shore erosion control project for the property. The application shall be in a form and contain information the Department prescribes. Each application form shall contain a notice warning that the applicant is responsible for maintenance of any project after the project is constructed.
(b)    A project may not be approved unless the project lies within a physiographic unit established by the Department, is within a shore erosion control district established under Title 21, Subtitle 2 or Subtitle 3 of the Local Government Article, or is of a nature that the project’s inclusion within a physiographic unit or shore erosion control district is neither necessary nor feasible in the Department’s judgment.
(c)    A physiographic unit project may not be approved unless every property owner within the physiographic unit participates in planning, construction, and financing of the project. However, the Department may exclude any property owner within the physiographic unit if this exclusion does not affect materially the remainder of the project.
(d)    The Department shall establish a schedule of priorities for shore erosion control projects, and upon approval of an application, assign the project to a priority list number. The schedule shall take into consideration the rate of erosion, amount of silt being deposited in the waters involved, date of Department’s approval, nature and amount of public benefits provided by the project, and any other factors set forth in regulations the Department adopts. If at any time the cost of an approved project at the top of the priority list exceeds the unobligated balance of the Fund, the Department may proceed with construction of a lower priority project.
(e)    The property owner’s cash contribution shall be placed in escrow immediately after a construction contract is awarded but before construction begins.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1004 - Provision of Services

(a)    The operating budget of the Department may contain an appropriation from the Fund sufficient to provide technical and administrative services required to implement §§ 8-1002 and 8-1003 of this subtitle, including but not limited to:
(1)    Review and evaluation of requests for assistance in shore erosion control;
(2)    Supervision over construction of approved projects; and
(3)    Inspection of completed projects to insure adequate maintenance.
(b)    Costs of the services enumerated in this section:
(1)    Shall be reimbursed to the Department by the property owner; and
(2)    May not be considered part of the construction cost of the project.
(c)    Moneys in the Fund may be used for administrative costs calculated in accordance with § 1-103(b)(2) of this article.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1004.1 - Nonstructural Shore Erosion Control

(a)    Notwithstanding any other provision of this subtitle, to the extent that a project consists of nonstructural shore erosion control measures, the Department may:
(1)    Require the owner of the benefited property to initially incur some or all of the project costs for nonstructural measures; and
(2)    Provide assistance in the form of reimbursements to the owner.
(b)    To be entitled to receive any reimbursements under this section, the owner of the benefited property shall have entered into a project agreement with the Department before incurring any costs. The Department shall estimate the total amount of project costs for nonstructural measures and shall establish in the agreement as the maximum amount of assistance which will be available for the project 50% of that estimate. The Department may include in the project agreement conditions under which the owner may be entitled to receive reimbursement, including conditioning the reimbursement upon the successful establishment of any vegetative elements of the project.
(c)    The Department may reimburse the owner of a benefited property for 50% of the actual project costs or for the maximum available amount established in the project agreement, whichever is less. If the Department, through its employees, agents, or contractors, has designed or installed all or part of the nonstructural measures, the Department shall include as actual project costs the value of any labor or materials contributed by the State. The value of these items already contributed by the State shall be deducted from the amount to be reimbursed to the owner.
(d)    In carrying out this section, the Department may utilize any general, special, State reimbursable, or federal reimbursable funds appropriated in the budget for nonstructural shore erosion control. Appropriations and expenditures of funds for the purposes of this section may not be subject to any provision of §§ 8-1005 through 8-1007 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1005.1 - Procurement of Design and Construction Services

(a)    Notwithstanding any other provision of this subtitle, the Department may require a property owner who has requested a loan, or a property owner may elect, to procure design and construction services for a shore erosion control project.
(b)    The Department shall adopt regulations establishing procedures and technical standards for the procurement of design and construction services by a property owner.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1006 - Benefit Charge

(a)    On receipt of certification from the Department that a shore erosion control project has been satisfactorily completed, the Board of Public Works shall fix and levy a benefit charge on the benefited property. The benefit charge shall be:
(1)    Payable in annual installments over a period of 25 years, or any shorter period as directed by the Board; and
(2)    Calculated so as to return to the State the net project construction cost resulting from the shore erosion control project.
(b)    Annual installments shall be due beginning on the first day of July following levy of the benefit charge by the Board of Public Works, and each July 1 after that date until the benefit charge is paid totally. If not paid within 90 days of its due date, an installment shall be in default and shall bear interest at the rate of 2% a month from the time of default. The Department shall be responsible for collection of annual installments.
(c)    A benefit charge assessed under this subtitle shall be a lien on the real property against which the benefit charge is assessed, and shall be subject to collection in the manner specified for foreclosure of mortgages. Any annual installments in default shall be a first lien on the benefited property, subject only to prior State, county, or municipal real property taxes. The outstanding balance of a benefit charge shall be afforded normal lien priority, except that the Department may agree in writing to grant precedence to a subsequent mortgage or deed of trust if necessary for refinancing, transfer, or improvement of a benefited property.
(d)    Annual installments shall be a personal obligation of the owner of a benefited property at the time the installments become due. Sale of a benefited property may not extinguish a lien under this subtitle, and the purchaser in all instances shall take the property subject to any outstanding balance of the total benefit charge still unpaid at the conclusion of the sale, and shall be required to meet the same annual installments as previously were being assessed. Any notice of sale clearly shall identify this potential liability, provided that failure to so notify may not affect the obligation if the notice of lien required under § 8-1005(d)(4) of this subtitle is filed properly.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1007 - Recording Transfer of Benefited Property; Subdivision; Notice to Tax Officials; Release of Lien

(a)    For purposes of § 3-104 of the Real Property Article, which pertains to payment of taxes as a prerequisite to recording of any transfer of property, it is sufficient that all current annual installments of any benefit charge levied under this subtitle have been paid.
(b)    In the case of any subdivision of benefited property subsequent to the filing of the notice of the lien required under this subtitle, the benefit charge shall apply:
(1)    Except as provided in this subsection, in proportion to the respective length of the shore erosion control project abutting each lot; or
(2)    If the owners and the Department agree that a different apportionment would more fairly treat a particular situation, then in accordance with that agreement.
(c)    At the time of levy of any benefit charge under this subtitle or apportionment of an existing levy among subdivision lots, the Department shall notify appropriate tax officials for inclusion of the assessment in the tax records.
(d)    On completion of payment of the total benefit charge relating to a shore erosion control project, the Department shall:
(1)    Certify to the Board of Public Works for release of the lien that payment has been completed; and
(2)    File a release of the lien in the appropriate land and tax records.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 10 - Shore Erosion Control › Section 8-1008 - Regulations for Shore Erosion Control Projects

The Department, with the approval of the Board of Public Works, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the procedures of the Department for shore erosion control capital and loan projects under §§ 8-1005, 8-1006, and 8-1007 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 11 - Beach Erosion Control and Replenishment › Section 8-1101 - Legislative Findings and Declarations

The General Assembly finds and declares that land movement and disturbance activities on Atlantic Coast beaches east of certain natural and physical contours and elevations of the beach endanger the integrity and continuity of the beach system which includes a dunal system, prevents adequate maintenance, shore erosion, and sediment control, and storm protection of these and adjacent areas, and results in the imposition of additional financial burdens on the citizens of the State.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 11 - Beach Erosion Control and Replenishment › Section 8-1104 - Factors in Determining Fair Market Value

An appraiser for the Department, the trier of fact in any condemnation proceeding, or any other person charged by law to determine fair market value shall consider the following among other relevant factors in determining the fair market value of any interest in land being acquired to implement § 8-1103 of this subtitle:
(1)    The date of valuation shall be determined recognizing that the State may have taken properties as of the date that prohibitions were imposed for the Beach Erosion Control District under § 8-1105.1 of this subtitle;
(2)    If the land lies within the Beach Erosion Control District established pursuant to § 8-1105.1 of this subtitle, the land shall be valued subject to the restrictions of § 8-1105.1 of this subtitle; provided, however, that if it appears that the owner is entitled to compensation for a taking under the provisions of § 8-1105.1(c) of this subtitle, then the property shall be valued as if the restrictions of § 8-1105.1 of this subtitle were not in effect, but all other applicable restrictions of State and local law were, including:
(i)    Building codes;
(ii)    Zoning;
(iii)    Public rights across the property acquired through dedication or prescription;
(iv)    Easements for dune construction and maintenance; and
(v)    Density limitations; and
(3)    If fair market value is to be based on an assumption that the land can be developed, the costs of that development shall be estimated assuming the risk of storm damage with the beach in its condition as of the date of valuation, and taking into account any deterioration of the beach which could reasonably be expected to occur after the date of valuation, given no artificial improvement or protection of the beach at public expense. The costs shall include insurance costs and special construction costs attributable to the need to protect against storm damage.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 11 - Beach Erosion Control and Replenishment › Section 8-1105.1 - Beach Erosion Control District

(a)    There is a Beach Erosion Control District, which consists of that land bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the borderline between the State of Maryland and the Commonwealth of Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island, and in Ocean City, is a mutually approved line to be known as the State–Ocean City building limit line which coincides, more or less, with the existing Ocean City building limit line and on occasion may coincide with the crest of the littoral system. The Department, after surveying, platting, and recording the State–Ocean City building limit line, has the authority to describe by regulation the State–Ocean City building limit line. The Department shall perform the survey, platting, and recording at its own expense within 30 days of July 1, 1975.
(b)    Transferred.
(c)    If the prohibitions imposed for the Beach Erosion Control District would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property taken.
(d)    The provisions of this section are in addition to the provisions of §§ 8–1103 and 8–1104 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Duly designated agency” means any public body corporate, whether exercising local or regional authority, in any of the counties listed in § 8-1303 of this subtitle, which shall be officially designated by either or any of the counties which executes the programs and purposes of this subtitle within any of the counties.
(2)    However, in Montgomery and Prince George’s counties, the Maryland-National Capital Park and Planning Commission is the duly designated agency of these counties to carry out the provisions of this subtitle.
(c)    “Watershed” means the Patuxent River Watershed.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1303 - Authority of County Governing Bodies or Designated Agencies to Create

The appropriate county governing body of Howard, Montgomery, Prince George’s, Anne Arundel, Calvert, Charles, and St. Mary’s counties or the duly designated agencies of the appropriate county governing body shall have the jurisdiction, power, and authority to define and create the Patuxent River Watershed in their respective counties. Each shall act cooperatively with the Department and local, county, State, and federal governments to protect areas subject to sediment or erosion damage and prevent encroachment by rapid growth and spread of urban development by creating a program of flood prevention and conservation.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1304 - Authority of Maryland-National Capital Park and Planning Commission

(a)    The Maryland-National Capital Park and Planning Commission shall have and exercise the authority granted by the provisions of this subtitle to the appropriate county governing body or its duly designated agency to the extent it pertains to:
(1)    Adopting the Watershed plan;
(2)    Acquisition, improvement, maintenance and operation of lands and other property for the purposes stated in this subtitle; and
(3)    Adopting regulations affecting the lands and property and leasing, contracting, and permit authority granted under this subtitle.
(b)    This power and authority is in addition to that which is stated in Division II of the Land Use Article.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1305 - Adopting, Amending, or Extending Watershed Plan

The appropriate county governing body of each county named in § 8-1303 of this subtitle, or its duly designated agency, may adopt, amend, extend, or add to the Watershed plan, with the approval of the Department. The plan, including maps, plats, charts, and descriptive matter, shall show the respective appropriate county governing body’s, or its duly designated agency’s recommendations to protect the Watershed, and may include, items such as location of lands to be acquired, either in fee or by easement, for the purposes of this subtitle, and public uses proposed for the lands, including the location, arrangement, character, and extent of roadways, waterways, waterfronts, beaches, docks and wharves, parks, forest preserves, public recreational areas, wildlife refuges, natural scenery, and open spaces.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1306 - Adopting Part or Parts of Plan; Procedure for Adopting Entire Plan or Part of Plan

(a)    The appropriate county governing body or its duly designated agency may adopt:
(1)    Part of the Watershed plan in its respective county;
(2)    Any part to cover 1 or more sections of the Watershed within its respective county; or
(3)    1 or more of the other functional subject matters to be included in the plan.
(b)    Before adopting the plan or any part, extension, amendment, or addition to it, the appropriate county governing body or its duly designated agency shall hold at least 1 public hearing. Thirty days notice of the time and place of the hearing shall be given by publishing a notice once in a newspaper of general circulation in the affected county. Adopting, amending, extending, or adding to the plan or any part of the plan shall be by resolution. The resolution expressly shall refer to the maps and other descriptive matter, which the appropriate county governing body or its duly designated agency intends to form the whole or part of the plan. Any action taken shall be recorded on the map, plan, or descriptive matter by the identifying signatures of the appropriate county official. The appropriate county governing body or its duly designated agency shall certify an attested copy of the plan or any part, amendment, extension, or addition to the plan and file it with the clerk of the circuit court for the county affected.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1307 - Acquisition, Improvement, and Development of Land or Other Property Within Area

For the purpose of carrying out any recommendation of the Watershed plan or any part of the plan, each county, through its appropriate county governing body or duly designated agency, in cooperation with the Department, may acquire land or other property, by means of donation, purchase, or condemnation, either in fee or by easement, located within the area of the county for the public purposes delineated in the plan. The appropriate county governing body or its duly designated agency may improve and develop the acquired land or other property for the purposes of the plan. The plan controls maintenance and operation of the land or other property.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1308 - Financing

To finance or assist in financing acquisition of land or other property for the purposes shown on the Watershed plan, or for improvement or development of the Watershed plan, the appropriate county governing body or its duly designated agency may receive and expend any contribution, donation, or appropriation which the federal government or any person makes.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1309 - Acquisition of Lands Outside Area of Plan

The appropriate county governing body or its duly designated agency may acquire lands for the purposes stated in this subtitle outside of the area of the Watershed plan, if the appropriate county governing body or its duly designated agency finds that acquisition is necessary to preserve any portion of the Watershed plan in its county. The appropriate county governing body or its duly designated agency may expend any authorized funds under the provisions of this subtitle to purchase land outside the area of the Watershed plan.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1310 - Title to Land Acquired; Power of Department to Acquire Land Unaffected; Taxation of Land Acquired; Tax for Benefit of Watershed Program

(a)    The county or its duly designated agency shall hold land acquired under this subtitle, title to which shall become vested in the county in which the land lies or the county’s duly designated agency, for the general benefit of the State and county. Title to the acquired land may not be conveyed out of the county or its duly designated agency, nor may its use be extinguished without the consent and approval of the Department. The provisions of this section may not be construed to affect the power of the Department to acquire property by power of condemnation, nor affect the Department’s power to purchase or accept any gift of property.
(b)    Any land or property acquired under the provisions of this subtitle shall be exempt from any general or special State, county, and municipal tax.
(c)    The appropriate county governing body of each affected county may levy an annual special tax for the benefit of the Watershed acquisition program. The tax may be levied on all of the property within the respective county, assessed for county taxation purposes. The appropriate county governing body may allocate the aggregate amount collected by the tax to the Watershed acquisition program, or to pay the aggregate amount collected by the tax to the duly designated agency under the provisions of this subtitle for the agency’s Watershed acquisition program. The appropriate county governing body or its duly designated agency may expend the proceeds of the tax only within the county where the tax was collected to acquire land and other property shown on the Watershed plan as recommended for purchase to protect the Watershed. The proceeds of the tax shall be expended on a 50-50 matching basis with the Department.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1311 - Leases and Contracts of Acquired Land

(a)    The appropriate county governing body or its duly designated agency may:
(1)    Lease for a term not exceeding 20 years and renew any lease for any additional term, not exceeding 20 years each, to any person, any portion of the land acquired for the purposes stated in this subtitle; and
(2)    Grant any privilege, permit, or enter into any contract with any person, to engage in any business or enterprise on land acquired for the purposes stated in this subtitle on terms and conditions the appropriate county governing body or its duly designated agency deems advantageous to develop the Watershed plan.
(b)    The purpose for which any property is leased, and any privilege, permit, and concession is granted, may not be inconsistent with the use of the property as recommended by the Watershed plan. Any lease or contract executed under the provisions of this section shall contain a condition stating specifically the purpose for which the property is leased or the privilege, permit, or concession is granted. Any lease, contract, privilege, or permit requires approval of the Department.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1312 - Sale, Conveyance, Transfer, Lease, or Exchange of Unnecessary Acquired Lands

The appropriate county governing body or its duly designated agency, with the approval of the Department, may sell, convey, transfer, lease, or exchange any land acquired under this subtitle deemed unnecessary for the purposes of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1313 - Regulations for Use of Acquired Land

The appropriate county governing body or its duly designated agency may adopt regulations for use of land or other property acquired under the provisions of this subtitle. A copy of the regulations shall be posted on the land or other property to which they apply. Following their adoption, the regulations shall be published at least 3 times within 60 days, in 1 or more newspapers published in the county in which the land or other property lies. The posting and publication is sufficient notice to every person. The sworn certificate of any member of the appropriate county governing body or its duly designated agency shall be prima facie evidence of the posting and publication.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1314 - Application by Counties for Program Open Space Grants; Annual Budget Request of Department; Matching Funds

(a)    To acquire land and other property shown or recommended on the Watershed plan, the appropriate county governing body or its duly designated agency may apply to the Department for a grant from the local projects share of Program Open Space as provided in Title 5 of this article. The application shall conform to the requirements specified in Title 5 of this article.
(b)    If funds are not available to any county named in § 8-1303 of this subtitle under Program Open Space, the Department shall include in the Department’s budget a request for funds to acquire land within the county for the purposes stated in this subtitle. The funds, when appropriated, shall be matched by the respective appropriate county governing body or its duly designated agency to acquire land or other property shown or recommended on the Watershed plan for the designated public purposes. The budget request shall itemize the Watershed land acquisition program of each county or its duly designated agency, showing total acreage proposed to be acquired during the coming fiscal year, together with an estimate of funds to be made available by each county for the acquisition.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1315 - Cooperation of Department With Appropriate County Governing Body or Designated Agency; Secretary's Approval to Be Placed on Maps and Plans

The Department shall cooperate with the appropriate county governing body or its duly designated agency to formulate, adopt, amend, extend, or add to the Watershed plan in each affected county. The approval of the Secretary shall be placed on every map, plan, or descriptive matter which forms a part of the plan.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1316 - Agreements Between Secretary and County or Designated Agency

The Secretary may enter into agreements with any respective county affected or its duly designated agency to acquire land or other property to accomplish the purposes of this subtitle. The Secretary may obligate the Department to reimburse the county up to 50% for the cost of the land or other property, plus 50% for the normal cost of acquisition. However, funds have to be appropriated, and sufficiently on hand to meet the Department’s obligation under these agreements.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1317 - Annual Acquisition Program

The appropriate county governing body or its duly designated agency shall prepare an annual program for acquisition of land or other property within the area affected by the Watershed plan, showing total acreage proposed for purchase during the coming fiscal year, for the purposes of this subtitle, together with estimated costs of the annual program.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 13 - Patuxent River Watershed › Section 8-1318 - Acquisitions by County Governing Body or Designated Agency in Anticipation of Matching Money by Department

The appropriate county governing body or its duly designated agency may acquire land or other property in anticipation of matching money of the Department, when, in the sole discretion of the appropriate county governing body or its duly designated agency, acquisition of the land is deemed immediately essential to safeguard and preserve the Watershed plan.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1803 - Chesapeake and Atlantic Coastal Bays Critical Area Commission Created; Authority of Secretary

(a)    There is a Critical Area Commission for the Chesapeake and Atlantic Coastal Bays in the Department.
(b)    The Secretary has no authority under Title 1 of this article:
(1)    To approve, alter, or amend the policies or programs of the Commission;
(2)    To transfer, assign, or reassign statutory functions or activities to or from the Commission; or
(3)    To adopt, approve, or revise regulations of the Commission.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1805 - Commission Staff

(a)    The Commission shall have the staff provided for in the State budget.
(1)    The staff assigned to the Coastal Zone Management Program in the Department shall assist the Commission in the development of regulations and the review of programs.
(2)    The State departments represented on the Commission may lend staff or other assistance to the Commission.
(b)    (1)    The chairman with the approval of the Commission shall appoint an Executive Director for the Commission.
(2)    The Executive Director serves at the pleasure of the chairman and is entitled to the salary provided in the State budget.
(3)    The Executive Director shall direct the staff of the Commission.
(c)    The Attorney General shall designate an assistant Attorney General to advise and represent the chairman and the Commission.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1808.6 - Credits to Applicants Who Minimize Adverse Impact

(a)    (1)    This section applies notwithstanding:
(i)    Any other provisions of this subtitle;
(ii)    Any criteria or guidelines adopted by the Commission under this subtitle; or
(iii)    Any provision of a local program or program amendments as approved before October 1, 1995.
(2)    This section applies to applicants seeking project approval of a new or expanded marina.
(b)    (1)    A local jurisdiction shall provide credit to an applicant if an applicant takes quantifiable actions, before the initiation of the development of a new or expanded marina, to minimize adverse impacts on water quality that may result from the completion of the development of the marina.
(2)    Any credits provided to an applicant under paragraph (1) of this subsection shall be applied during the project approval process in assessing the degree to which:
(i)    Adverse impacts to water quality of a new or expanded marina project will be minimized or avoided; and
(ii)    Water quality will be improved as a result of the development of the marina project.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1808.7 - Commercial Timber Harvest

(a)    Commercial harvesting of trees by selection, or by the clear-cutting of loblolly pine and tulip poplar, may be allowed to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands, provided that the cutting is conducted in conformity with COMAR 27.01.05 and with a buffer management plan that is prepared by a registered professional forester and is approved by the Department.
(b)    The plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain at a minimum the following requirements:
(1)    Disturbance of stream banks and shorelines shall be avoided;
(2)    The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and reestablishes the wildlife corridor function of the buffer;
(3)    The cutting may not involve the creation of logging roads and skid trails within the buffer; and
(4)    Commercial harvesting practices shall be conducted to protect and conserve the habitat protection areas in accordance with COMAR 27.01.09.02, .03, .04, and .05.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1808.9 - Provisions Applying a Buffer to Perennial and Intermittent Streams

(a)    The provisions of this section apply to a local jurisdiction that is located in the Atlantic Coastal Bays Watershed and not in the Atlantic Coastal Bays Critical Area.
(b)    On or before July 15, 2002, a local jurisdiction subject to the provisions of this section shall submit to the Commission a written statement of its intent either:
(1)    To adopt provisions applying a buffer to perennial and intermittent streams that are within the boundaries of the local jurisdiction and are noted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the local jurisdiction; or
(2)    Not to adopt the provisions.
(c)    If a local jurisdiction states the local jurisdiction’s intent to adopt provisions meeting the requirements of this section, the local jurisdiction shall submit the provisions to the Commission and adopt the provisions in accordance with the schedule of submissions for the Atlantic Coastal Bays Critical Area program set forth under § 8-1809 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1808.10 - Minimum Buffer

(a)    This section applies to an application for subdivision or site plan approval within the resource conservation area that:
(1)    Receives final local approval on or after July 1, 2008, unless an application for subdivision or site plan approval is submitted before July 1, 2008 and legally recorded by July 1, 2010; and
(2)    Does not involve the use of growth allocation.
(b)    (1)    Except as provided under subsection (c) of this section, the minimum buffer shall be:
(i)    200 feet from tidal waters or a tidal wetland; and
(ii)    100 feet from a tributary stream.
(2)    All provisions under COMAR 27.01.09.01 that are applicable to development activities within the 100–foot buffer, including the establishment of vegetation and expansion requirements, shall apply to the 200–foot buffer.
(c)    The 200–foot buffer may be reduced if:
(1)    The strict application of the minimum 200–foot buffer would preclude:
(i)    Subdivision of the property at a density of one dwelling unit per 20 acres, and all other State and local requirements will be satisfied; or
(ii)    An intra–family transfer authorized under § 8–1808.2 of this subtitle; and
(2)    The reduction will occur in accordance with local program procedures approved by the Commission.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1808.11 - Erosion Control

(a)    Other than in areas designated by the Department of the Environment mapping as appropriate for structural shoreline stabilization measures, 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 in areas where the person can demonstrate to the satisfaction of the Department of the Environment that these 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.
(b)    (1)    In consultation with the Department, the Department of the Environment shall adopt regulations to implement the provisions of this subsection.
(2)    The regulations shall include a waiver process that exempts a person from the requirements of subsection (a) of this section on a demonstration to the satisfaction of the Department of the Environment that nonstructural shoreline stabilization measures are not feasible for the person’s property.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1810 - Programs Adopted by Commission

(a)    If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8–1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.
(b)    Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission’s members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.
(c)    If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.
(d)    If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8–1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1811 - Project Approval

(a)    From the effective date of a program approved or adopted by the Commission, a project approval that involves land located in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area may not be granted unless the project approval is consistent and complies with the program.
(b)    (1)    The Commission shall adopt regulations identifying those classes of applications for project approval of which the Commission wishes to receive notice.
(2)    From the date designated by the Commission in approving or adopting a program, an applicant for project approval or the local agency authorized to grant project approval on an application in any of the identified classes shall send to the Commission in accordance with the regulations and any other instructions of the Commission, a copy of every pending or new application for approval that is in any of the identified classes. Before the close of the fifth business day after receipt of a copy of an application from the applicant or the local approving authority, the Commission shall send written notice of receipt to the applicant and to the local approving authority. A failure of the Commission to send a timely notice shall render paragraph (3) of this subsection inapplicable as to that application.
(3)    The local approving authority may not process an application of which a copy must be sent to the Commission until the local approving authority has received notice of receipt from the Commission, and any action of the local approving authority in violation of this paragraph shall be void.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 18 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program › Section 8-1812 - Commission Chairman; Authority Regarding Judicial Proceedings

(a)    After the Commission has approved or adopted a program, the chairman of the Commission has standing and the right and authority to initiate or intervene in any administrative, judicial, or other original proceeding or appeal in this State concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area. The chairman may exercise this intervention authority without first obtaining approval from the Commission, but the chairman shall send prompt written notice of any intervention or initiation of action under this section to each member of the Commission. The chairman shall withdraw the intervention or action initiated if, within 35 days after the date of the chairman’s notice, at least 13 members indicate disapproval of the action, either in writing addressed to the chairman or by vote at a meeting of the Commission. A member representing the local jurisdiction affected by the chairman’s intervention or action may request a meeting of the Commission to vote on the chairman’s intervention or action.
(b)    Except as stated in this subtitle, the chairman is subject to general laws and rules of procedure that govern the time within and manner in which the authority granted in subsection (a) of this section may be exercised.
(c)    The chairman may appeal an action or decision even if the chairman was not a party to or is not specifically aggrieved by the action or decision.