reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 4 - Trees and Forest Nurseries › Part VI - Pamela J. Kelly Tree-Mendous Maryland Program › Section 5-436 - Funding

(a)    The Program shall be funded by donations and grants received by the Department to be used for the Program.
(b)    The Department may seek, accept, and expend donations and grants for the implementation and administration of the Program.
(c)    All money received for the Program under this section shall be used only for funding the implementation and administration of the Program.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-501 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Cutting operation” means the cutting of timber for commercial purposes from five acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina), singly or together occur and constitute 25 percent or more of the live trees on each acre.
(c)    “Diameter” means the distance through the tree at the point of average thickness as measured from outside the bark to outside of bark at a point on the trunk eight inches above the general ground level.
(d)    “Landowner” means the person holding title to the land or possessing the right to contract for the cutting operation thereon.
(e)    “Operator” means any person, including a “landowner”, who conducts any cutting operation.
(f)    “Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation or any other entity.
(g)    “Pine” means any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina).
(h)    “Seedling” means a young loblolly, shortleaf, or pond pine plant less than six inches in diameter.
(i)    “Tree” or “timber” means any tree of a currently commercially valuable species which is six inches or more in diameter.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-502 - Legislative Declaration; Intent of Subtitle

(a)    The General Assembly declares that the maintenance and reproduction of the pine forest resource of the State is in the public interest and provides significant recreational, esthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State.
(b)    The General Assembly finds that the pine forest resources of the State are being harvested at a greater rate than they are being replanted or reproduced. It further finds that unless measures are instituted to ensure that the pine forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. Consequently, it is the intent of this subtitle to require that when commercial cutting operations are conducted in the State measures are taken to ensure that pine forests are reproduced or replanted.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-504 - Trees to Be Left Uncut for Purpose of Reseeding

(a)    (1)    Except as otherwise provided by this section, upon completion of any cutting operation the operator or landowner shall leave uncut and uninjured at least eight cone-bearing loblolly, shortleaf, or pond pine trees 14 inches or larger in diameter on each acre cut for the purpose of reseeding. If eight cone-bearing loblolly, shortleaf, or pond pines 14 inches in diameter are not present on any acre, the operator or landowner shall leave uncut and uninjured in place of each cone-bearing loblolly, shortleaf, or pond pine tree of the required diameter, at least two cone-bearing pine trees of the next largest diameter there standing. Trees left uncut pursuant to this section for the purpose of reseeding shall be healthy, windfirm, well-distributed throughout each acre, and with well-developed crowns possessing a sufficient number of cones to reforest the areas affected by the cutting operation.
(2)    Cone-bearing pine trees need not be reserved if there are at least 400 loblolly, pond, or shortleaf pine seedlings on each acre which are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.
(b)    Instead of leaving pine trees or seedlings pursuant to subsection (a) of this section, the area where any cutting operation has been conducted may be reforested pursuant to a plan approved by the Department.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-505 - Reservation of Seed Trees or Approval of Reforestation Plan

(a)    A cutting operation may not commence unless seed trees have been reserved or a reforestation plan has been approved by the Department. The reforestation plan shall be prepared by the landowner or his agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine trees.
(b)    An operator or landowner proposing to reforest any area of a cutting operation pursuant to an approved plan shall notify the Department at least 24 hours prior to initiation of the cutting operations.
(c)    Except as permitted by § 5-507 of this subtitle, the landowner shall not cut or permit to be cut any pine tree required to be reserved for reseeding for three years after completion of the cutting operation and will so bind his successor in title. The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department that he will not perform any act or permit any act to be performed which prevents reforestation and will so bind his successor in title. The provisions of this subsection do not apply if the landowner places the land in any of the uses permitted in § 5-507 of this subtitle.
(d)    The Department shall approve, approve with modifications, or reject any plan submitted to it within 30 days. The determination of the Department shall be in writing setting forth the reasons for approval, approval with modifications, or rejection and shall be forwarded to the operator or landowner.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-506 - Cutting Reserved Tree, etc., in Area on Which Cutting Operation Conducted

A person may not cut or permit to be cut any pine tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area upon which a cutting operation has been conducted.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-507 - Exemptions

This subtitle does not apply to the cutting of timber for reservoirs, military installations, agriculture, communication and transmission lines, industrial sites, railroads, residential or recreational purposes, or residential or commercial construction. This subtitle does not apply to commercial cutting operations undertaken pursuant to a contract executed prior to January 1, 1978.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 5 - Pine Tree Reforestation › Section 5-508 - Enforcement; Enjoining Violations

On application of the Department, acting through the Attorney General, the circuit court for the county where a cutting operation is located, by appropriate order, may enforce compliance with or enjoin the violation of any provision of this subtitle or rule or regulation adopted pursuant to it. Enforcement may include the assessment by the court in its discretion of money damages payable by the violator to the Department which is equal to the estimated cost of compliance with this subtitle. The Department may enforce payment of any award in the same manner as other money judgments of the court. Any money the Department collects shall be used for compliance with this subtitle on the land where the violation occurred.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “District board” means any district forestry board created under this subtitle.
(c)    “Landowners” means any person owning woodlands, located in the State.
(d)    “Natural resources” means forests, fish and game, water and waterpower, soils, minerals, and all other similar sources of wealth.
(e)    “Woodlands or forest lands” means any land of an area of 3 acres or more held by the same owner and primarily devoted to the growth of forest products.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-602 - Conservation Policy of State

Forests, timberlands, woodlands, and soil resources of the State are basic assets, and the proper use, development, and preservation of these resources are necessary to protect and promote the health, safety, and general welfare of the people of the State. It is the policy of the State to encourage economic management and scientific development of its forests and woodlands to maintain, conserve, and improve the soil resources of the State so that an adequate source of forest products is preserved for the people. Floods and soil erosion must be prevented and the natural beauty of the State preserved. Wildlife must be protected, while the development of recreational interest is encouraged and the fertility and productivity of the soil is maintained. The impairment of reservoirs and dams must be prevented, the tax rate preserved, and the welfare of the people of the State sustained and promoted. Where these interests can be served through cooperative efforts of private forest landowners, with the assistance of the State, it is the policy of the State to encourage, assist, and guide private ownership in the management and fullest economic development of privately owned forest lands. Where these public interests cannot be served and adequately protected under private ownership, it is the policy of the State to acquire control of, and title to these lands as rapidly as the financial resources of the State permit.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-603 - Forest Conservation Duties of Department Generally; Cooperation by Department With Public Agencies; Appeals From Actions of Department

The Department shall administer forest conservation practices on privately owned forest land and manage publicly owned forest lands. Representatives of the United States Forest Service and the Cooperative Extension Service may meet with the Department in an advisory capacity. The Department shall keep a record of its proceedings. The Department and the district boards shall cooperate with existing public agencies in forest management practices, flood control, recreation, wildlife management, and related activities. The Department shall direct and coordinate the activities of the district boards and hear appeals from orders or decisions of the local boards.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-604 - Promulgation and Enforcement of Rules and Regulations

The Department may promulgate rules and regulations to administer this subtitle. The Secretary shall enforce every provision of this subtitle, and offer assistance to any district board. He shall disseminate information concerning minimum rules of forest practice adopted in the forestry districts in the State, maintain inspection of forest management practices necessary to make this subtitle effective, and enforce any rule or regulation the Department adopts.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-605 - District Forestry Boards -- Establishment; Organization; Composition; Term of Membership; Employees; Officers; Compensation of Members

The Department shall divide the State into convenient districts, having due regard for the character and extent of the timber stand, similarity of forest problems, convenience of administration, and other pertinent factors. It shall establish, by appointment, in each district created, a district forestry board of at least five members. The appointments to the district forestry board shall include, if possible, a person representing each of the major types of forestry and woodworking interests, and at least one person representing farm woodland owners preferably connected with a county farm bureau or grange in the district. If there are any county agricultural agents and county foresters representing areas lying within the district, they shall have the privilege of participating, without a vote, in the board meeting.
The term of membership on the board is three years. A member serves until his successor is appointed and qualified. Within 30 days of their appointment, and regularly thereafter, the members of the district forestry board shall meet and elect a chairman and vice-chairman to serve for a term of two years. The Department may discontinue district boards for cause at any time. The Department shall employ and assign to each board a forester who, in addition to his other duties, serves as secretary and executive officer of the board. Each member of the board shall receive expenses while engaged in the performance of his official duties. The Department shall determine the compensation of the forester. Any compensation payable to and any expense incurred by a district board shall be paid out of funds made available under the provisions of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-607 - Duties of Forester

The forester shall:
(1)    Make plans for management and reforestation of forest, woodlot, and tree crop orchards;
(2)    Assist landowners of the district in marketing their forest products;
(3)    Hold meetings of county or local forest fire wardens, lookouts, guards, fire fighters, and others to instruct them in methods of forest fire prevention and extinction;
(4)    Enlist the cooperation of landowners in protection of their forests from fire, insects, and disease;
(5)    Make an annual written report of his activities to the Secretary;
(6)    Assist the State Extension Forester in carrying out the Farm Forestry Extension Program;
(7)    Assist forest landowners in formation and execution of soil conservation practices;
(8)    Keep accurate records of any forest management plan;
(9)    Assist in management of community or municipally owned forests;
(10)    Assist assessors in appraisal of woodlands; and
(11)    Advise and assist in planting food-bearing trees and shrubs for the benefit of wildlife.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-608.1 - Voluntary Firewood Treatment Certification Program -- Purpose -- Issuance of Certifications -- Inspection of Facilities -- Adoption of Regulations

(a)    In this section, “forest product operator” means a person engaged in a forest products business who is licensed under § 5–608 of this subtitle.
(b)    There is a Voluntary Firewood Treatment Certification Program in the Department.
(c)    The purpose of the program is to certify forest product operators who export firewood to other states and use heat treatment and other procedures to prevent the presence of wood boring pest infestations, wood inhabiting pests, and plant disease pathogens in the firewood products.
(d)    The Department may issue a certification to a forest product operator if:
(1)    The forest product operator submits a complete application for the certification on a form provided by the Department; and
(2)    The Department determines, on inspection, that the facility, equipment, and treatment methods used by the forest product operator meet the criteria for certification established by the Department by regulation.
(e)    A certification issued under this section:
(1)    Shall have a term of 1 year;
(2)    May include any conditions the Department considers necessary;
(3)    May be renewed in accordance with regulations adopted by the Department;
(4)    May not be transferred; and
(5)    May be suspended or revoked by the Department for failure to comply with:
(i)    The provisions of this section;
(ii)    A regulation adopted by the Department under this section; or
(iii)    A condition or requirement of the certification.
(f)    (1)    At least once annually and at any other time that the Department considers necessary, the Department may inspect the facility and equipment used by a forest product operator certified under this section.
(2)    The Department shall keep a report of each inspection conducted under this subsection.
(g)    The Department, in consultation with the Department of Agriculture, shall adopt regulations to implement the provisions of this section, including regulations that establish:
(1)    The criteria for certification under this section; and
(2)    The procedures for suspension and revocation of a certification issued under this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 6 - Forest Conservancy Districts › Section 5-609 - Acceptance and Custody of Federal Appropriations for Forest Conservation Purposes

The Department may accept for the State any appropriation of money for any forest conservation purpose made out of the federal treasury by any act of Congress. The Department is the forest authority for the expenditure and administration of the funds. The Treasurer of the State is the custodian of money the State receives from appropriations for forest conservation purposes made by any act of Congress. He may receive and provide for the proper custody of the money and make disbursements upon order of the Department.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part I - In General › Section 5-701 - Duties of Forest and Park Wardens Generally; Duties of Wardens as to Extinguishing Fires

(a)    A forest or park warden shall enforce every forest and park law, rule, and regulation of the State and protect State forest reserves, State parks, scenic preserves, parkways, historic monuments, and recreational areas.
(b)    The forest or park warden shall report any violation of law to the Secretary as soon as possible, assist in apprehending and convicting offenders, and make an annual report to the Secretary on forest conditions in the forest or park warden’s immediate neighborhood.
(c)    If any forest or park warden sees a forest fire, or is requested by a fire company to assist with a fire plow or provide incident command expertise at the scene, the forest or park warden shall:
(1)    Go immediately to the fire and employ those persons and means as the forest or park warden deems necessary to extinguish the fire;
(2)    Keep an itemized account of all expenses thus incurred and send the account immediately to the Secretary;
(3)    Control and direct any person and apparatus engaged in extinguishing forest fires;
(4)    Summon inhabitants of the county over the age of 18 years, if able, to assist in extinguishing fires, and also require use of personal property needed for this purpose; and
(5)    Use the members of the Junior Forest Fire Fighters Service between the ages of 14 and 18 years inclusive, either paid or unpaid, provided they have the written consent of their parents or guardians.
(d)    Any person summoned who is physically able, but who refuses or neglects to assist, or allow the use of man power, equipment, or other material required, is liable to a penalty of $10.
(e)    An action for trespass may not lie against a forest or park warden or anyone working under the forest or park warden’s direction, for entering on any person’s land to extinguish a fire, plow furrows, tear down fences, or start a back fire to check a fire that may be approaching.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part I - In General › Section 5-702 - Expenses of Extinguishing Fires

Expenses incurred in fighting or extinguishing any fire under the direction of the Secretary or a forest warden are equally borne by the county in which the fire occurred and by the State. The county shall pay them in full upon receipt of an itemized account, with vouchers approved by the Secretary. The State’s share shall be refunded by the Department out of any money standing to the credit of the State Forest and Park Fund, upon presentation of the accounts, together with evidence that the county has paid the sum in full. Nothing in this subtitle relieves the owner or lessee of lands upon which fires may burn, or be started, from the duty of extinguishing the fires so far as may lie within his power. An owner or lessee, or his employee may not receive any compensation from the State or county for fighting fires upon his or his employer’s lands.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part I - In General › Section 5-703 - Notices as to Forest Fires and Trespass Laws

The Secretary shall furnish notices, printed in large letters, calling attention to the dangers of forest fires, and to forest fire and trespass laws, and their penalties. The Secretary shall distribute the notices to forest wardens who shall post them in conspicuous places on State forest reserves and along highways in forest-covered country. It is unlawful for any person to tear down or deface any forest fire warning notice.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part I - In General › Section 5-704 - Maliciously or Negligently Setting Fires; Duty to Report Fire

(a)    Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble is guilty of a misdemeanor and upon conviction is subject to a fine not less than $250 nor exceeding $2,000, or imprisonment for not less than 30 days nor exceeding five years, or both with costs imposed in the discretion of the court.
(b)    An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble. Setting a fire contrary to the provisions of this subsection is prima facie proof of carelessness or neglect within the meaning of this subsection. The landowner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless the landowner can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or the owner’s agents.
(c)    Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden.
(d)    The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part I - In General › Section 5-705 - Civil Liability for Causing Fires

Any person who causes any fire by violating § 5-704(a) or (b) or § 5-712 of this subtitle is liable to the State and county where the fire occurs in an action for debt to the full amount of all expenses incurred by the State or county in fighting and extinguishing the fire.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part II - Duties of Railroads › Section 5-707 - Duty to Clear and Maintain Safety Strips

(a)    Between October 1 and April 15, every person who operates a railroad in the State shall establish a means to prevent a forest fire along the parts of its tracks adjacent to which the Department finds a fire hazard exists or probably may be caused by failure to take precautions. If the Department believes other precautionary means are insufficient, the person shall clear a safety strip of a width not exceeding 100 feet, as the Department determines, measured horizontally from the outer rail. The safety strip shall be cleared by removing all dead wood, fallen leaves, withered grass, and other flammable material, except fences, buildings, and manufactured products, from the ground embraced within the width prescribed. This subsection does not prevent the person from piling and storing along its right–of–way any materials necessary for construction, maintenance, or operation of its railroad.
(b)    By September 1 of each year, the Department shall notify the person who operates a railroad in the State of the parts of its tracks where a fire hazard exists or probably may be caused to exist by failure to take precautions, or of the necessity for a safety strip.
(c)    Subject to the provisions of subsection (d) of this section, the person may clear the safety strips of flammable material without liability for trespass. However, they may not remove or damage any fence, building, merchantable timber, or living trees as the owner designates without compensating him.
(d)    (1)    The Department shall obtain written permission of the actual owner of any property involved in clearing safety strips for the annual clearing prescribed by the provisions of subsection (a) of this section. The notice requesting written permission shall be made either by registered or certified mail directed to the last known address of the property owner of record, or by personal service on him. (2) If the owner of record is not served by either of these methods, the Department shall publish a notice of the annual clearing by the first day of September of each year at least once in two papers of general circulation in the county where all or a major portion of the property lies. The notice shall quote the provisions of this section. (3) If the owner does not file an objection to the clearing with the Department within 15 days after the mailing, personal service, or publication of notice, the owner shall be deemed to give consent to the clearing, and to entry on his property for this purpose. (4) If the owner refuses his permission, or if he timely files an objection, the Department may serve on him, by personal service or registered or certified mail, a written order for the owner to clear the safety strips within the time prescribed in subsection (a) of this section in the manner the Department directs. Any owner who fails to comply with the order within the prescribed time is liable to the fine provided for in § 5–714 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part II - Duties of Railroads › Section 5-708 - Right of Entry

The Department and its authorized agents may enter at their risk, and without liability for trespass, any railroad or other land in order to ascertain conditions relative to enforcement of any provision of Part II of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part II - Duties of Railroads › Section 5-710 - Duties of Persons Owning Property Abutting Railroad Tracks

Any person owning property within 100 feet of the tracks of any railroad operating within the State when the distance is measured horizontally from the outer rail, who cuts or permits cutting trees or other crops on its property shall dispose of every tree top, brush, and other flammable material caused by the cutting so that the flammable material does not remain within 100 feet of the tracks for more than 30 days after cutting.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part II - Duties of Railroads › Section 5-711 - Engine or Boiler to Be Provided With Appliances to Prevent Fire

Every engine or boiler, operated in, through, or near forest or brush which does not burn oil as fuel, shall be provided with any appliance approved by the Department to prevent escape of fire and sparks. Any person who violates this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine of at least $10 and not exceeding $100.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part II - Duties of Railroads › Section 5-714 - Penalty

Any person who violates any provision of § 5-707, § 5-709, or § 5-710 of this subtitle upon conviction is subject to a fine at the rate of $100 per mile, or any fraction, measured along the tracks for each day the flammable material remains on the ground.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 7 - Fire Hazards; Prevention and Abatement › Part III - Forest Fire Prevention › Section 5-720 - Open Air Burning; Limitations

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.
(3)    “Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.
(4)    “Public officer” means:
(i)    The authorized agents of the Department; or
(ii)    Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.
(b)    (1)    Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.
(2)    This subsection does not apply to:
(i)    The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or
(ii)    Any other supervised burning conducted under the direct control and supervision of:
1.    Qualified fire instructors; or
2.    In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.
(c)    On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-902 - Legislative Declaration and Intent; Designation and Purpose of Program; Funding Program Established

(a)    The General Assembly declares that there is need for a program to make funds available to State agencies and any subdivision to:
(1)    Expedite acquisition of outdoor recreation and open space areas before escalating cost of land prevents its purchase for public use and before potential areas are devoted to some other use; and
(2)    Accelerate development and capital renewal of needed outdoor recreation facilities, including the provision of public access to the facilities.
(b)    This program is known as Program Open Space and carries out the recommendations of the 1968 Legislative Council committee on recreational areas. By enacting this program, the General Assembly intends to provide funds to the State and its subdivisions to enable them to acquire land for outdoor public recreation and open space use and develop and provide public access to the land for public recreation.
(c)    (1)    To effectuate the purposes of this section, the General Assembly has established a transfer tax funding program under Title 13, Subtitle 2 of the Tax – Property Article.
(2)    In addition to or in lieu of the funding under paragraph (1) of this subsection, Program Open Space funding may be provided in the State Consolidated Capital Bond Funding Program or in a separate bond enabling act.
(3)    In any fiscal year for which funding for Program Open Space is provided through the State Consolidated Capital Bond Funding Program or other bond enabling act, except as otherwise expressly provided under the bond enabling act through which the funding is provided:
(i)    The debt allocations shall be provided to the Department of Natural Resources and the Department shall allocate funds among local governing bodies according to the apportionment formula described in § 5–903 of this subtitle; and
(ii)    For fiscal years 2011 through 2013 only, the allocations provided under § 5–903 of this subtitle of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article shall be adjusted to reduce the amount that would otherwise be allocated for any purpose by the amount of funding provided for that purpose under the bond enabling act.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-903.1 - Program Open Space Contingency Fund

(a)    In this section, “Fund” means the Program Open Space Contingency Fund.
(b)    There is a Program Open Space Contingency Fund.
(c)    The Fund is a continuing, nonlapsing, revolving fund not to exceed $1,000,000 that consists of the amount of appropriations for a capital project:
(1)    In excess of the amount needed for the capital project; and
(2)    Allocated to the Fund by the Governor.
(d)    The Fund may be used to:
(1)    Supplement an existing appropriation for a capital project; and
(2)    Undertake critical maintenance projects.
(e)    (1)    The Department shall evaluate each request for an expenditure from the Fund.
(2)    The Department may request the Board of Public Works to authorize an expenditure from the Fund if:
(i)    All reasonable attempts to reduce the cost of the capital project have been made;
(ii)    No practical alternative exists for securing funding to complete the capital or critical maintenance project; and
(iii)    The requested funding does not increase the scope of the capital project.
(3)    Prior to seeking approval from the Board of Public Works, the Department of Natural Resources and the Department of Budget and Management shall:
(i)    Provide written notice to the budget committees on the planned use of the funds; and
(ii)    Allow 45 days for review and comment by the budget committees unless the additional funds necessary do not exceed 20% of the original appropriation for any project and in the judgment of the Department of Natural Resources and the Department of Budget and Management that the additional funds are necessary to prevent a work stoppage on the project.
(4)    If the Board of Public Works authorizes an expenditure from the Fund, the amount specified by the Board of Public Works may be transferred from the Fund to the Program Open Space account to supplement the specified authorization.
(f)    On or before January 1 of each year, the Secretary of Natural Resources shall report to the General Assembly, subject to § 2–1257 of the State Government Article, on the money:
(1)    Deposited in the Fund;
(2)    Authorized for expenditure from the Fund; and
(3)    Expended from the Fund.
(g)    Money in the Fund shall be deposited with the State Treasurer.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-906 - Procedures and Administration of Local Projects

(a)    Each local project shall conform to a comprehensive plan the local governing body approves and have the approval of official planning agencies having jurisdiction, including comprehensive planning agencies.
(b)    Every acquisition and development project funded by the State in whole or in part shall meet needs identified in the Maryland Land Preservation and Recreation Plan prepared and revised every 5 years by the Department in consultation with the Department of Planning and local governments. The document shall identify and recommend for State acquisition efforts those resource areas facing the most intense or immediate development pressure. These resource areas shall be designated as targeted areas. The document and any changes to it shall be distributed to every local governing body.
(c)    The Department shall administer the local projects portion of Program Open Space and promulgate and adopt rules and regulations governing submission of applications and allowable project costs.
(d)    As provided in § 5-905(a) of this subtitle, beginning on December 1, 1973, local projects shall not be considered or approved for a grant until the annual program of the subdivision has been submitted.
(e)    The applicant shall certify on each application that:
(1)    The project conforms to the annual program of the local governing body as provided for in § 5–905(a) of this subtitle;
(2)    A governmental agency is charged to manage and administer an outdoor public recreation and open space program;
(3)    Funds are available or will be available within 12 months of the date of submission of the application to pay the local share of the project cost;
(4)    The value or interest in the land proposed for acquisition has been established by qualified appraisers;
(5)    The applicant has received or not received federal funds for the project;
(6)    The Department’s rules and regulations have been complied with;
(7)    Land acquired or developed under a State grant from Program Open Space may not be converted, without written approval of the Secretary, the Secretary of the Department of Budget and Management, and the Secretary of the Department of Planning from outdoor public recreation or open space use to any other use. Any conversion in land use may be approved only after the local governing body replaces the land with land of at least equivalent area and of equal recreation or open space value; and
(8)    (i)    For any conversion of land acquired or developed under a State grant from Program Open Space as provided in paragraph (7) of this subsection, the appraised monetary value of the land proposed for acquisition shall be equal to or greater than the appraised monetary value of the land to be converted, under the proposed new use of the converted land.
(ii)    The State shall consider these funds in excess of the encumbered Program Open Space funds to the local jurisdiction.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-907 - Limitations on Land Acquisition for State Parks and Revision of Maryland Land Preservation and Recreation Plan

No land may be acquired for any State park in excess of the number of acres approved by the General Assembly for the park. Approval of the General Assembly shall be required for any revision to the Maryland Land Preservation and Recreation Plan prior to the initiation of any action to obtain additional land for any State park.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-908 - Fair Hill Improvement Fund

(a)    In this section, “Fund” means the Fair Hill Improvement Fund.
(b)    (1)    There is a Fair Hill Improvement Fund in the Department, to be used for the operation, maintenance, development, and improvement of the Fair Hill facilities at Fair Hill, Maryland.
(2)    Money credited to the Fund under § 11–704 of the Business Regulation Article shall be used exclusively for the grounds and facilities within the special event area at Fair Hill.
(c)    Any money obtained by the Department from Fair Hill shall be credited to the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.
(3)    Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(e)    For fiscal year 2024, and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of at least $1,800,000 to the Fund to be used exclusively for the purposes specified under subsection (b)(2) of this section.
(f)    Notwithstanding any other provision of this title, the Department may use the Fund to provide a grant or grants to a unit of State government, a local jurisdiction, a nonprofit entity, or an affiliated foundation established by the Maryland Stadium Authority under § 10–612 of the Economic Development Article, if:
(1)    The Department has entered into an agreement with the grant recipient for the ongoing operation, use, maintenance, development, or improvement of the grounds and facilities within the special event area at Fair Hill; and
(2)    The grant funds are restricted to the purposes required to be included in the grant agreement under item (1) of this subsection and the grant recipient’s associated administrative costs.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-909 - Natural Resources Property Maintenance Fund

(a)    In this section, “Fund” means the Natural Resources Property Maintenance Fund.
(b)    The Natural Resources Property Maintenance Fund is created within the Department to be used for the maintenance, repair, and management of property owned by the Department.
(c)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    Any investment earnings of the Fund shall be credited to the General Fund of the State.
(3)    Money 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 5 - Forests and Parks › Subtitle 9 - Program Open Space › Section 5-910 - Acquisition of Land in Allegany County

The State may not acquire a tract of land in Allegany County of over 100 acres for preservation of open spaces unless the County Commissioners of Allegany County approve the purchase. This requirement does not apply to open space and outdoor recreation areas which have previously been authorized for acquisition by the legislature.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-01 - Legislative Declaration and Intent -- Program Established -- Purpose, Administration, and Funding of Program

(a)    The General Assembly declares that:
(1)    Sprawl development and other modifications to the landscape in Maryland continue at an alarming rate, consuming land rich in natural resource, agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, threatening resource–based economies and cultural assets, and rending the fabric of rural life;
(2)    Current State, county, and local land conservation programs help to limit the effect of sprawl development but lack sufficient funding and focus to preserve key areas before escalating land values make their protection impossible or the land is lost to development; and
(3)    A grant program that leverages available funding, focuses on preservation of strategic resources, including those resources threatened by sprawl development, streamlines real property acquisition procedures to expedite land preservation, takes advantage of innovative preservation techniques such as transferable development rights and the purchase of development rights, and promotes a greater level of natural and environmental resources protection than is provided by existing efforts, will establish a rural legacy for future generations.
(b)    (1)    A Rural Legacy Program is established to enhance natural resource, agricultural, forestry, and environmental protection as provided in subsection (a) of this section while maintaining the viability of resource–based land usage and proper management of tillable and wooded areas through accepted agricultural and silvicultural practices for farm production and timber harvests.
(2)    The Program provides funds to the local governments and land trusts to purchase interests in real property from willing sellers, including easements, transferable development rights, and fee estates, focused in designated Rural Legacy Areas.
(3)    The Program shall encourage partnerships among the federal, State, and local governments, and nonprofit land trust organizations and encourage local land conservation initiatives.
(4)    The Program is administered by a Rural Legacy Board in the Department of Natural Resources, an advisory committee, and existing State staff.
(c)    The Program is funded:
(1)    Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) of this title;
(2)    By the proceeds from the sale of general obligation bonds as provided in § 5–9A–09 of this subtitle; and
(3)    By money appropriated in the State budget to the Program.
(d)    For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $5,444,127 to the Program.
(e)    When negotiating and awarding grants, the Board shall encourage sponsors to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to reduce the utilization of general obligation bonds in funding the grants.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-02 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Application” means an application to the Rural Legacy Board to designate a Rural Legacy Area.
(c)    “Board” means the Rural Legacy Board.
(d)    “BPW” means the Maryland State Board of Public Works.
(e)    “Grant agreement” means an agreement between the Board and a sponsor to implement a Rural Legacy Plan in a designated Rural Legacy Area.
(f)    “Land trust” means a qualified conservation organization that:
(1)    Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under § 170(h)(3); and
(2)    Has executed a cooperative agreement with the Maryland Environmental Trust.
(g)    “Priority funding area” means an area designated as a priority funding area under § 5-7B-02 of the State Finance and Procurement Article.
(h)    “Program” means the Rural Legacy Program established by this subtitle.
(i)    “Rural Legacy Area” means a region within or outside a metropolitan area designated by the Board as rich in a multitude of agricultural, forestry, natural, and cultural resources.
(j)    “Rural Legacy Plan” means a plan accepted by the Board for acquisition of easements and fee interests in Rural Legacy Areas.
(k)    “Sponsor” means a local government, group of local governments, or a land trust.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 9A - Rural Legacy Program › Section 5-9A-03 - Rural Legacy Board -- Established; Purpose; Composition; Chairman; Staff

(a)    There is a Rural Legacy Board established in the Department of Natural Resources to administer the Rural Legacy Program.
(b)    The Board consists of the following members:
(1)    The Secretary of Agriculture;
(2)    The Secretary of Natural Resources; and
(3)    The Secretary of the Department of Planning.
(c)    The Secretary of Natural Resources shall serve as Chairman of the Board.
(d)    (1)    The Department of Natural Resources shall provide staff to the Board.
(2)    The Department of Agriculture and the Department of Planning may provide additional staff.