reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-04 - Powers of Board

(a)    The Board has and may exercise all powers necessary to carry out the purposes of this subtitle.
(b)    (1)    The Board may adopt regulations to implement the purposes of this subtitle, including procedures for expediting acquisitions and purchasing and selling transferable development rights and using the proceeds related to purchasing and selling transferable development rights in accordance with this subtitle and local law.
(2)    The authority granted under this subsection may not be construed to permit adoption of a regulation applicable to land that is not subject to an easement under this subtitle.
(c)    (1)    The Board shall establish a method for appraisal of real property interests acquired under this subtitle.
(2)    Any method for appraisal established by the Board may not include a value for any resource used or reserved by the owner for private economic benefit.
(d)    The Board and sponsors may enter into agreements with other governmental agencies, including the Maryland Agricultural Land Preservation Foundation and the Maryland Environmental Trust, for the purpose of establishing partnerships to carry out this Program.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-06 - Rural Legacy Area; Rural Legacy Plan

(a)    The Board may designate a Rural Legacy Area and accept a Rural Legacy Plan in accordance with the criteria set forth in this subtitle and the overall goals and objectives of the Program.
(b)    (1)    The Board may award a grant to a sponsor of a designated Rural Legacy Area in an amount determined by the Board and pursuant to the terms of a grant agreement.
(2)    A portion of the grant may be used to pay for:
(i)    Administrative costs, not to exceed 3% of the grant amount; and
(ii)    Program compliance costs for monitoring easements, as stated in the grant agreement.
(3)    The Board may establish time limitations on the use of grant funds.
(c)    (1)    The Board’s actions in subsections (a) and (b) of this section are subject to approval by the Board of Public Works.
(2)    BPW approval encumbers the grant funds.
(d)    The Board shall encourage local governments to reflect rural legacy plans in their comprehensive land use plans as updated and revised.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-07 - Grant Agreements; Duties of Sponsor; Violations; Acquisitions by Sponsor; Reports

(a)    The Board and the sponsor of a designated Rural Legacy Area shall execute a grant agreement.
(b)    The sponsor shall comply with the terms of the grant agreement, carry out the Rural Legacy Plan, and adhere to regulations adopted by the Board.
(c)    If a sponsor violates any provision of the grant agreement or ceases to meet the requirements of this subtitle, the Board may exercise any remedy provided by the agreement or by law.
(d)    (1)    The sponsor shall submit to the Board for approval contracts for easement or fee estate acquisitions.
(2)    The Board may accept a contract subject to approval by the Board of Public Works.
(e)    Upon BPW approval, the State shall pay the sponsor for the acquisition.
(f)    The sponsor shall submit an annual report to the Rural Legacy Board.
(g)    The Board shall report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly before November 1 of each year on:
(1)    The financial status of the Program for the preceding fiscal year, including the amount of grants encumbered and disbursed;
(2)    The number of applications received;
(3)    The number and location of Rural Legacy Areas designated; and
(4)    The Program’s progress in contributing to land preservation efforts.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-08 - Advisory Committee

(a)    (1)    There is an Advisory Committee to the Board in the Department of Natural Resources.
(2)    The Committee is established to review applications for Rural Legacy Areas, make recommendations for Rural Legacy Area designations to the Board, and consider such other matters as requested by the Board.
(b)    The Committee has 11 members as follows:
(1)    A trustee of the Maryland Agricultural Land Preservation Foundation;
(2)    A trustee of the Maryland Environmental Trust;
(3)    A representative of the agriculture industry;
(4)    A representative of a nonprofit land conservation organization;
(5)    A representative of a nonprofit environmental organization;
(6)    A representative of the forest industry;
(7)    A representative of a county government department of parks and recreation;
(8)    A representative of a business organization;
(9)    A private land owner;
(10)    A representative of the mineral resources industry; and
(11)    A representative of a municipal corporation.
(c)    (1)    Committee members are appointed by the Governor with the advice and consent of the Senate.
(2)    The terms of members are staggered as required by the terms provided for members of the Committee on July 1, 1997.
(3)    The Governor shall solicit nominees from industries and groups which are represented on the Committee.
(4)    The members shall represent geographically and ethnically diverse areas.
(d)    (1)    The term of membership is 3 years.
(2)    A person may not serve more than two consecutive terms.
(e)    The Governor shall designate the chairperson of the Committee.
(f)    The Department of Natural Resources, in cooperation with the Department of Agriculture and the Department of Planning, shall provide staff support for the Committee.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9B - Local Land Preservation Programs › Section 5-9B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Application” means an application by a local government to the Board of Public Works to fund the purchase of an interest in real property under a local land preservation program.
(c)    “Program” means a local land preservation program established in accordance with this subtitle.
(d)    “Sponsor” means a local government.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9B - Local Land Preservation Programs › Section 5-9B-03 - Applications; Property Rights

(a)    The sponsor shall submit applications to appropriate State and local units and consider any recommendations made regarding the applications.
(b)    An easement acquired under this subtitle is perpetual and may not be extinguished or released.
(c)    (1)    In a county with a locally adopted transferable development rights program and with the approval of the county, funds under a program may be used to purchase transferable development rights in the county in accordance with the locally adopted transferable development rights program.
(2)    The right to resell the development right, if any, shall be stated in the instrument of purchase.
(3)    Transferable development rights may be resold only to owners or option purchasers of real property located in priority funding areas, including municipal corporations, within the county in which the rights were purchased.
(d)    All easement acquisitions must be recorded among the land records where the real property is located.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9B - Local Land Preservation Programs › Section 5-9B-04 - Development of Plan

(a)    A sponsor that applies for funding to implement a local land preservation program under this subtitle shall:
(1)    Develop a plan to guide the conservation of property in the jurisdiction under the program;
(2)    Ensure that each application is consistent with the approved local land preservation and recreation plan for the county, to guide the acquisition of property interests listed in the application; and
(3)    Submit the application, description of properties and easements to be acquired, together with a description of consistency with the plan and any conditions placed on the conveyance of the property, to the Department of Natural Resources for review.
(b)    A sponsor may satisfy the requirements of subsection (a)(1) of this section with materials developed under or in conjunction with:
(1)    The comprehensive plan for the jurisdiction reviewed and revised under § 1–416 or § 3–303 of the Land Use Article;
(2)    The local land preservation and recreation plan under § 5–905 of this title;
(3)    An approved local agricultural land preservation program under § 2–512 of the Agriculture Article, for the Maryland Agricultural Land Preservation Program;
(4)    An approved annual program submitted by the sponsor under Program Open Space;
(5)    An approved rural legacy area and grant agreement under the Rural Legacy Program under Subtitle 9A of this title;
(6)    The GreenPrint Program under Subtitle 15A of this title; or
(7)    Another acquisition plan prepared by, jointly funded, or accepted by the Department for the protection of local or State land preservation or recreational goals.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9B - Local Land Preservation Programs › Section 5-9B-05 - Funding Requests

(a)    A sponsor may submit funding requests for acquisition of property under its local land preservation program to the Department of Natural Resources for evaluation and submission to the Board of Public Works under this section.
(b)    The Department shall:
(1)    Review local programs and applications for funding submitted by sponsors for consistency with the local plans under § 5–9B–04(a) of this subtitle;
(2)    Submit applications reviewed under item (1) of this subsection to the Board of Public Works for funding, along with the Department’s recommendation on the application; and
(3)    Coordinate applications received with available remaining funding.
(c)    (1)    Applications for funding under this section in a fiscal year shall be received at a date determined by the Department and reviewed using criteria established by the Department under § 5–9B–06(a)(2) of this subtitle.
(2)    Applications recommended for approval by the Department shall be forwarded to the Board of Public Works with a favorable recommendation in accordance with the criteria.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9B - Local Land Preservation Programs › Section 5-9B-06 - Duties of Department of Natural Resources

(a)    The Department of Natural Resources shall:
(1)    Provide technical support and assistance to local governments in the development of local land preservation programs, including mapping, and identification of smaller parcels that may be aggregated for protection under local land preservation programs;
(2)    Adopt criteria for distributing available State funding to local land preservation programs in accordance with the purposes of this subtitle;
(3)    Assist sponsors to coordinate land preservation efforts in their regions under local land preservation and recreation plans with related efforts under Program Open Space, the Rural Legacy Program, the Heritage Area Program, the Agricultural Land Preservation Program, and the GreenPrint Program; and
(4)    Consult with other federal, State, and local units and private land trusts in order to facilitate conservation efforts under this subtitle.
(b)    The purposes of the criteria adopted under subsection (a) of this section include:
(1)    Preservation of open space;
(2)    Containment of sprawl development; and
(3)    Improvement of water quality in the Chesapeake Bay and other watersheds of the State.
(c)    The criteria shall be based on:
(1)    The current population of participating jurisdictions and adjacent areas;
(2)    Projected population growth in those areas;
(3)    The sensitivity of surface and ground waters in and derived from those areas to degradation from point and nonpoint source pollution; and
(4)    Giving higher priority to applications for the protection of lands and land uses that provide the highest level of protection for water quality.
(d)    The criteria shall be used at the start of each fiscal year to allocate funding available to local programs in participating local governments in order to provide for appropriate and timely deliberation and review of eligible proposals for acquisition by each participating local government.
(e)    The Department may initially establish allocations of available funding based on the funding that is made available to each participating local government under Program Open Space in the same proportion that the local government receives Program Open Space funding in relation to the Program Open Space allocations of all participating local governments.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9C - Community Parks and Playgrounds Program › Section 5-9C-02 - Community Parks and Playgrounds Program

(a)    The General Assembly declares that:
(1)    It is State public policy to both restore existing park and green space systems and create new park and green space systems in the municipal corporations of the State and Baltimore City; and
(2)    Funding sources in the form of flexible grants shall be made available to the governing bodies of municipal corporations and Baltimore City to:
(i)    Rehabilitate, expand, improve, or maintain existing parks;
(ii)    Purchase land to create new parks;
(iii)    Develop new parks;
(iv)    Purchase and install playground equipment in urban neighborhoods and rural areas throughout the State; or
(v)    Be used for environmentally oriented parks and recreation projects.
(b)    (1)    There is a Community Parks and Playgrounds Program to provide flexible grants to the governing bodies of municipal corporations and Baltimore City for the purposes set forth in subsection (a) of this section.
(2)    The Department’s Program Open Space shall administer the Program.
(c)    The Secretary shall adopt regulations to carry out this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1001 - Appalachian Trail

(a)    The Department having acquired the land, rights-of-way, and easements for the purpose of protecting and maintaining a walking trail across the State, now generally known as the Appalachian Trail, may provide shelters and other facilities on it. Any unit of the State, or any political subdivision, may transfer to the Department land or rights in land for these purposes, on terms and conditions agreed upon, or enter into an agreement with the Department providing for establishment and protection of the trail. The Department may enter into cooperative agreements with agencies of the federal government or private organizations to provide for the maintenance of the trail.
(b)    The trail shall be held, developed, and administered primarily as a footpath and its natural scenic beauty preserved as far as feasible. However, the Department may permit other uses of the trail and associated land acquired by the State, by the owner of adjoining land, or others, in a manner and at seasons as will not substantially interfere with primary use of the trail.
(c)    This section does not limit the right of the public to pass over any existing public road which is a part of the trail, nor prevent the Department from performing work necessary for forest fire prevention and control, pest and disease control, and removal of damage caused by natural disaster. The Department may grant temporary or permanent rights-of-way across lands acquired under this section under terms and conditions deemed advisable. No person who has granted a right-of-way for the trail across his land, or his successor in title, is liable to any user of the trail for injuries suffered on that portion of the trail unless the injuries were caused by the willful or wanton misconduct of the person, or his successor in title, who has been granted a right-of-way.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1003 - State Park Established Between Brooklyn Mud Flats and Liberty Reservoir on Patapsco River

The lands between the mud flats at Brooklyn and the Liberty Reservoir on either side of the Patapsco River, in Anne Arundel, Carroll, Howard, and Baltimore counties, within a distance of 1 mile on either side from the medial line of the river, or either of its branches, having been purchased by the State, shall be held by the State as a State park under the protection and administration of the Department which shall exercise the same power of making rules and regulations and managing the land as any other State park. The territory acquired is subject to all the general laws passed by the legislature not inconsistent with this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1004 - Matthew Henson State Park

(a)    (1)    The lands between Viers Mill Road and Georgia Avenue described in the 1980 Highway Needs Inventory as the right-of-way reserved for the Rockville facility in Montgomery County, being owned by the State, shall be:
(i)    Designated as the Matthew Henson State Park; and
(ii)    Held by the State as a State park under the protection and administration of the Department.
(2)    Matthew Henson State Park shall also include:
(i)    The land identified in the Aspen Hill Master Plan as Significant Parcel 13, with the exception of any land that was the subject of a lease between any person and an agency of the State government on or before June 5, 2002; and
(ii)    The State-owned land bordering on the northeast portion of Significant Parcel 13 in the Aspen Hill Master Plan.
(3)    Except as provided in subsection (c) of this section, the Department shall exercise the same power of adopting regulations and managing Matthew Henson State Park as is done for any other State park.
(b)    (1)    Any land acquired under subsection (a) of this section is subject to all of the public general laws enacted by the General Assembly that are not inconsistent with this section. However, the provisions of this section prevail over any other State law enacted before July 1, 1989.
(2)    If specifically authorized by an act of the General Assembly, a part of the Matthew Henson State Park may be used for transportation purposes.
(c)    (1)    Subject to the availability of local, State, or federal funds, including any necessary matching funds, and subject to the provisions of paragraph (2) of this subsection:
(i)    A hiker/biker or other recreational trail may be constructed within Matthew Henson State Park; and
(ii)    A public pavilion, named in honor of Senator Idamae Garrott, may be constructed within Matthew Henson State Park.
(2)    Prior to the construction of a hiker/biker or other recreational trail or pavilion in Matthew Henson State Park, the Department of Natural Resources or other appropriate governmental agency shall:
(i)    Review all studies concerning the environmental impact and trail alignment options prepared for the Montgomery County Planning Board;
(ii)    Determine that construction, including the location and method of construction, is consistent with the environmentally sensitive nature of the Park and is in the public interest; and
(iii)    Obtain the approval of the Montgomery County Planning Board, the Montgomery County Council, and the County Executive.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1005 - North Point State Park

(a)    The 1,310 acres of land in Baltimore County delineated on maps filed in the office of the Secretary as Black Marsh, being owned by the State shall be:
(1)    Designated as the North Point State Park; and
(2)    Held by the State as a State park under the protection and administration of the Department.
(b)    Any use that may occur in the North Point State Park shall be subject to all applicable laws, including the applicable sections of the Critical Areas Law under Title 8, Subtitle 18 of this article.
(c)    If the Department uses pest management controls in the North Point State Park, it shall give priority consideration to the use of natural controls as an alternative to other pest management controls.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1006 - Old Fort Frederick Reforestation Program

The tract of land in Washington County on which is situated Old Fort Frederick, together with other additional land adjacent thereto which has been acquired by the State is under the control of the Department, and shall be used in the execution of those plans adopted by it for reforestation of the State.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1007 - Auxiliary State Forest Reserves

The Department may accept the use of land to be used for auxiliary State forest reserves and enter into agreements with the owners as necessary. The land is subject to all laws, rules, and regulations governing State forest reserves. However, no money appropriated to the Department may be used or expended on auxiliary State forests for permanent improvements or for any purpose other than supervision, opening of trails, the building of temporary structures to make the land available for campers and visitors, and protection of the land from fire and trespass.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1008 - Free Admission to State Parks for Certain Youth Groups

Notwithstanding any law or regulation to the contrary, youth groups registered with the Secretary shall be admitted to any Maryland State park free of any admission or overnight camping charge. This exemption shall apply only when the group is participating in official activities under adult supervision. For the purpose of this section, “youth group” includes, but is not limited to, boy scouts, girl scouts, 4-H members, and other affiliated groups. The Secretary may restrict admittance under this section when a given park is being used to capacity by the public.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1010 - Abandoned Railroad Corridor Property as Trails

(a)    The General Assembly finds that:
(1)    In order to provide the public with access to the use, enjoyment, and appreciation of the outdoor areas of Maryland, it is declared to be the public policy of this State to provide the means and procedures for establishing and expanding a network of recreational and scenic trails;
(2)    Abandoned railroad corridor property is a unique source of land corridors that are, in many cases, suitable for recreational trails;
(3)    Railroad corridor property is being abandoned at a high rate and is often sold in segments, thereby fragmenting the original corridors and leaving unconnected segments which may be suitable for acquisition for recreational trail use;
(4)    The preservation of abandoned rail corridor property for use as recreational trails is in the public interest; and
(5)    A systematic and continuing statewide program of acquiring abandoned railroad corridor property is needed to preserve this unique and irreplaceable source of recreational trails.
(b)    (1)    The Department shall maintain liaison with, provide factual data to, and work with the Department of Transportation, the State Railroad Administration, the Department of Planning, other agencies, and local governments to determine the suitability for trail purposes of railroad corridor property proposed for abandonment.
(2)    The Department may conduct feasibility studies and appraisals of railroad corridor property proposed for abandonment.
(3)    The Department may acquire railroad corridors pursuant to the National Trails Systems Act, 16 U.S.C. § 1241 et seq., as amended.
(c)    (1)    If, under the provisions of § 7-901 of the Transportation Article, the Department of Transportation acquires railroad corridor property considered suitable for use as recreational trails, the Department may request interim use of the property for public recreational use.
(2)    The Department may lease a corridor from the Department of Transportation and sublease it to a local government subject to all the terms and conditions of the original lease.
(3)    Any lease of railroad corridor property by the Department for interim use for public recreation shall be subject to restoration or reconstruction for railroad purposes, and the interim use may not be considered as an abandonment of the use of the railroad corridor for railroad purposes.
(4)    Prior to undertaking the development of a railroad corridor property for recreational use the Department shall conduct a public hearing in the affected county. The hearing shall be advertised in a newspaper of general circulation in the affected county for 3 consecutive weeks.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1011 - Off-Highway Recreational Vehicle Trail Fund

(a)    In this section, “Fund” means the Off–Highway Recreational Vehicle Trail Fund.
(b)    There is an Off–Highway Recreational Vehicle Trail Fund.
(c)    The purpose of the Fund is to maintain and construct trails for off–highway recreational vehicles.
(d)    The Secretary shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Revenue distributed to the Fund under § 13–814(b) of the Transportation Article;
(2)    Money appropriated in the State budget for the Fund; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only to:
(1)    Maintain trails for off–highway recreational vehicles on State park land that was purchased or leased by the Department before January 1, 2017;
(2)    Maintain and construct trails for off–highway recreational vehicles on State park land that is purchased or leased by the Department on or after January 1, 2017; and
(3)    Maintain and construct trails for off–highway recreational vehicles on any land that is not State park land that is purchased or leased by the Department.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the General Fund of the State.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Money expended from the Fund for maintaining and constructing trails for off–highway recreational vehicles is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for maintaining and constructing trails for off–highway recreational vehicles.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 10 - Public Park Land and Recreational Areas › Section 5-1013 - Maryland Park Explorers Grant Pilot Program -- Purpose -- Duties and Responsibilities -- Annual Reports and Contents. [Effective Until July 1, 2026]

// EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 470 OF 2022 //
(a)    There is a Maryland Park Explorers Grant Pilot Program in the Department.
(b)    The purpose of the pilot program is to provide Anne Arundel County and Baltimore County with equal funds to establish local Park Explorers Pilot Programs.
(c)    A local Park Explorers Pilot Program shall:
(1)    Target youth populations with minimal access to green space in an effort to bridge socioeconomic and resource gaps through free, accessible, and conveniently located programming;
(2)    Promote the positive impacts that spending time outdoors has on long–term developmental and social well–being;
(3)    Provide conservation–related messaging, including sustainable practices, to further participant understanding of the benefits of green space and its direct impact on the environment and watersheds; and
(4)    Incorporate local history and cultural impacts in its messaging to highlight the diverse cultural contributions to current social events and developed histories.
(d)    (1)    On or before October 1, 2023, and each October 1 thereafter, each participating county shall submit to the Department a report on the implementation of the local Park Explorer’s Pilot program, including:
(i)    The number of participants;
(ii)    The number of participants from populations with minimal access to green space; and
(iii)    The results of participant surveys, including feedback on whether the participant had a positive or negative experience in the Park Explorer’s Pilot program.
(2)    A county shall report the information required under paragraph (1) of this subsection in the aggregate and disaggregated by:
(i)    Hispanic or Latino of any race;
(ii)    For individuals who are non–Hispanic or non–Latino only:
1.    American Indian or Alaska Native;
2.    Asian;
3.    Black or African American;
4.    Native Hawaiian or other Pacific Islander;
5.    White; or
6.    Two or more races; and
(iii)    Individuals who have limited English proficiency.
(e)    (1)    On or before December 1, 2024, and each December 1 thereafter, the Department, in collaboration with the Maryland Recreation and Parks Association, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the effectiveness of the Maryland Park Explorers Grant Pilot Program.
(2)    The report shall include:
(i)    A recommendation on whether the pilot program should:
1.    Continue; and
2.    Be expanded statewide; and
(ii)    Information regarding whether any other county has expressed interest in participating in the pilot program.
(f)    For fiscal years 2024, 2025, and 2026, the Governor shall include in the annual budget bill an appropriation of $100,000 for the Maryland Park Explorers Grant Pilot Program.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Charge” means price or fee asked for services, entertainment, recreation performed, or products offered for sale on land or in return for invitation or permission to enter or go upon land.
(2)    “Charge” does not include:
(i)    The sharing of game, fish, or other products of recreational use;
(ii)    Benefits to the land arising from the recreational use; or
(iii)    Contributions in kind or services to promote the management or conservation of resources on the land.
(c)    “Educational purpose” includes:
(1)    Nature study;
(2)    Farm visitations for purposes of learning about the farming operation;
(3)    Practice judging of livestock, dairy cattle, poultry, other animals, agronomy crops, horticultural crops, or other farm products;
(4)    Organized visits to farms by school children, 4–H clubs, FFA clubs, and others as part of their educational programs;
(5)    Organized visits for purposes of participating in or observing historical reenactments as part of an educational or cultural program; and
(6)    Observation of historical, archaeological, or scientific sites.
(d)    (1)    “Land” means land, roads, paths, trails, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty.
(2)    “Land” does not include any structure or equipment provided by a unit of local government for the purpose of public recreation.
(e)    “Off–highway vehicle” or “OHV” means a motor–assisted or motor–driven vehicle that is:
(1)    Designed for or capable of cross–country travel on or directly over land, snow, or other natural terrain; and
(2)    Not intended for use on public roads.
(f)    “Owner” means the owner of any estate or other interest in real property, whether possessory or nonpossessory, including the grantee of an easement.
(g)    “Recreational purpose” means any recreational pursuit.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1102 - Purpose and Construction of Subtitle

(a)    The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose, or on a limited entry basis for any recreational hunting purpose, by limiting the owner’s liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.
(b)    This subtitle does not: (1) create a duty of care or ground of liability for injury to persons or property, (2) relieve any person using the land of another for any recreational or educational purpose from any obligation which he might have in the absence of this subtitle to exercise care in using the land and in his activities on the land, or from the legal consequences of his failure to employ care.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1103 - Landowner Not Required to Keep Premises Safe for Recreational Use

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1104 - Liability of Landowner Who Permits Recreational Use of Land Without Charge

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:
(1)    Extend any assurance that the premises are safe for any purpose;
(2)    Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3)    Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1105 - Applicability of 5-1103 and 5-1104 to Land Leased by the State

Unless otherwise agreed in writing, the provisions of §§ 5–1103 and 5–1104 of this subtitle are applicable to any duty and liability of an owner of land leased to the State or any of its political subdivisions for any recreational or educational purpose.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1105.1 - Applicability of 5-1103 and 5-1104

The provisions of §§ 5-1103 and 5-1104 of this subtitle are:
(1)    Applicable to a unit of local government as an owner of land; and
(2)    In addition to any other common law or statutory defenses or immunities available to a unit of local government or other owner.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1106 - Liability for Willful or Malicious Conduct; Liability of Landowner Who Charges for Recreational Use of Land

(a)    The provisions of this subtitle do not limit in any way any liability which otherwise exists for:
(1)    Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or
(2)    Except as provided in § 5–1109(a)(2) of this subtitle, injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use.
(b)    If land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1107 - Notice by Landowner of Private Lands; Written Consent to Enter Private Lands

Whenever the owner desires, he may post in conspicuous places notices informing the public that the land is private. The landowner, by written consent, may grant permission to enter on the land.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1108 - Permission Cards

(a)    To facilitate a method of providing written consent, the Secretary shall distribute permission cards, to be available to the public and to landowners.
(b)    One side of the card shall read:
PERMISSION TO ENTER
I hereby grant the person named on the reverse side permission to enter
my property, subject to the terms of the agreement, on the following dates:
Signed _________________________
(Landowner)
(c)    The reverse side shall read:
AGREEMENT
In return for the privilege of entering on the private property for any
recreational or educational purpose as defined in the Natural Resources Article
§5–1101, I agree to adhere to every law, observe every safety precaution and
Practice, take every precaution against fire, and assume all responsibility and
Liability for my person and my property, while on the landowner’s property
Signed _________________________
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 11 - Public Recreation on Private Land and Land Owned by Local Governments › Section 5-1109 - Cross-Country Skiing, Use of Ohvs, or Hunting

(a)    (1)    If a landowner agrees to the use of a defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting, any person who uses the part of the real property impliedly consents to adhere to every law, to observe every safety precaution and practice, to take every precaution against fire, and to assume all responsibility and liability for the person’s safety and property while cross–country skiing, using an OHV, or hunting on the landowner’s real property.
(2)    If a landowner invites or permits on a limited entry basis, with or without charge, an individual to use the landowner’s real property for hunting, the invited or permitted individual who uses the real property for hunting impliedly consents to adhere to every law, to observe every safety precaution and practice, to observe all property boundaries, to take every precaution against fire, and to assume all responsibility and liability for the individual’s safety and property while hunting on the landowner’s real property.
(b)    The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner leases any defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting.
(c)    The Department shall adopt regulations to allow cross–country skiing, OHV use, or hunting on those defined parts of a landowner’s real property on which cross–country skiing, OHV use, or hunting is allowed under this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part I - Open Space or Open Areas › Section 5-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    In this subtitle, “open space” or “open area” means any space or area characterized by great natural scenic beauty, or whose existing openness, natural condition, and present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or maintain or enhance the conservation of natural or scenic resources.
(c)    “State wildlands” means wildlands owned by the State and includes the following three types:
Type 1. A primitive area which by its size or location is in effect untouched by urban civilization, and can offer the experience of solitude and self-reliance. Since lands at the higher elevations are important for protection of watersheds, are ecologically vulnerable if unwisely altered by human interference, and may be uneconomic for logging or construction, they may be suitable for this classification.
Type 2. A unit of importance for all the natural sciences, especially ecology, and with outstanding value for education, research, and appreciation of natural processes. Preservation in the desired natural condition is the prevailing purpose of these holdings. Visitation shall be regulated to ensure this preservation on a permanent basis.
Type 3. An area which is not of ecological or primitive stature, but which has the appearance of being in an untouched natural state or is capable of attaining that appearance if held and managed for this purpose.
(d)    “Wildlands” means limited areas of land or water which have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the State. This may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part I - Open Space or Open Areas › Section 5-1202.2 - Hart-Miller-Pleasure Island Chain -- State to Grant Easement

(a)    In this section the following words have the meanings indicated.
(1)    “Grantee in interest” means the Maryland Environmental Trust.
(2)    “Spoil”, “Baltimore County tributary spoil”, “redeposit”, and “Baltimore Harbor” have the meanings indicated in § 5-1101(a) of the Environment Article.
(b)    Within 15 days after July 1, 1981 the State shall grant an easement to the Hart-Miller-Pleasure Island chain to the grantee in interest. The easement shall be for purposes consistent with the covenants required by this subsection and enforcement of these purposes.
(1)    The grantee in interest shall covenant to allow the redeposit of spoil and the redeposit of Baltimore County tributary spoil to take place at the Hart-Miller-Pleasure Island chain, subject to the limitations provided in §§ 5-1101 through 5-1104 of the Environment Article;
(2)    Where not inconsistent with the covenant described in paragraph (1) of this subsection, the grantee in interest shall covenant to preserve and maintain the Hart-Miller-Pleasure Island chain as an open area by prohibiting development except that which is necessary for proper recreational use and the construction of any dikes necessary for the dumping of spoil;
(3)    The grantee in interest shall covenant that if the Hart-Miller-Pleasure Island chain is ever used for purposes inconsistent with the preservation and maintenance of the island chain as an open area, or with any of the covenants described in this subsection, the easement shall cease;
(4)    The grantee in interest shall covenant to allow the State to establish and maintain park and recreational facilities on the Hart-Miller-Pleasure Island chain and to assist the State in making these facilities available to the public for recreational and educational purposes;
(5)    The grantee in interest shall covenant to allow the Hart-Miller-Pleasure Island Citizens Oversight Committee established under § 5-1104 of the Environment Article to:
(i)    Monitor the redeposit of spoil and Baltimore County tributary spoil at the Hart-Miller-Pleasure Island chain in accordance with § 5-1104(c) of the Environment Article; and
(ii)    Hear and dispose of complaints lodged by individuals affected by the redeposit of spoil and Baltimore County tributary spoil.
(6)    The grantee in interest shall covenant that if, during the life of its easement to the Hart-Miller-Pleasure Island chain, the grantee in interest ceases to exist, the easement shall cease.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1204 - Jurisdiction of Unit Over Areas Continued; Limitation Upon Appropriations

Notwithstanding inclusion of an area in the State wildlands preservation system, the area shall continue to be managed by the unit which had jurisdiction immediately before its inclusion in the State wildlands preservation system unless otherwise provided by an act of the General Assembly. Money may not be appropriated for the payment of expenses or salaries for the administration of the State wildlands preservation system as a separate unit, nor shall appropriations be available for additional personnel required solely for the purpose of managing or administering areas solely because they are included within the State wildlands preservation system.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 12 - Wildland and Open Areas › Part II - Wildland Areas › Section 5-1205 - Designation of Areas as Wildlands -- Report by Secretary to Governor; Recommendations by Governor to General Assembly; Legislative Action Required

The Secretary may review, as to its suitability for preservation as State wildlands, any area under his jurisdiction which he deems worthy of consideration for protection as State wildland. He shall report his findings to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to the designation as State “wildland” or reclassification of each area on which a review has been completed and submit maps and a definition of boundaries. Each recommendation of the Governor for designation as “wildland” becomes effective only if provided by an act of the General Assembly. Nothing contained in this title limits the Governor in proposing, as part of his recommendations to the General Assembly, the alteration of boundaries of proposed State wildland areas or recommending the addition of any contiguous area of State lands predominately of wildland value.