reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 1 - In General › Section 8-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “County” includes Baltimore City unless otherwise indicated.
(c)    “Department” means Department of Natural Resources.
(d)    “Person” includes the federal government, 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.
(e)    (1)    “Pollution” means every contamination or other alteration of the physical, chemical, or biological properties, of any waters of the State.
(2)    “Pollution” includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds, fish, or other aquatic life.
(f)    “Secretary” means Secretary of the Department of Natural Resources.
(g)    “Waters of the State” includes:
(1)    Both surface and underground waters within the boundaries of the State subject to its jurisdiction;
(2)    That portion of the Atlantic Ocean within the boundaries of the State;
(3)    The Chesapeake Bay and its tributaries;
(4)    All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(5)    The floodplain of free–flowing waters determined by the Department of the Environment on the basis of the 100–year flood frequency.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-202 - Management and Development of Chesapeake Bay and Other Tidal Waters; Authority to Acquire and Maintain Vessels and Equipment; Additional Powers

(a)    The Department shall be responsible for planning, development, management, and conservation of the Chesapeake Bay and any other tidal waters, including their shoreline and bottom, and any resources associated with these waters. Also, the Department may:
(1)    Plan and develop public recreational facilities in or on the waters of the Chesapeake Bay and other tidal waters;
(2)    Assist other State units to plan public recreational facilities for the Chesapeake Bay and other tidal waters;
(3)    Cooperate with other units to carry out measures to protect tidal water fronts and waterways of the State against erosion and deposit; and
(4)    Act for the State to develop further navigation aids and improvement of waterways in the Chesapeake Bay and other tidal water areas of the State.
(b)    The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the Code relating to budget and procurement.
(c)    In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-203 - Intergovernmental Agreements to Preserve Resources of Chesapeake Bay

The Secretary shall take every necessary step to enact appropriate intergovernmental agreements with other states to preserve the optimal state of the Chesapeake Bay through organization of an interstate body to plan, manage, coordinate, and enforce the proper use of the Chesapeake Bay, so every user of the Bay area can obtain maximum advantage of the Bay.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-203.1 - Actions by Secretary Regarding Water Quality Projects

The Secretary:
(1)    Using eligible funding sources, may purchase environmental outcomes, as defined in § 8–2A–01 of this title, that provide for cost–effective long–term or permanent green or blue infrastructure projects that:
(i)    Improve the water quality of Maryland’s portion of the Chesapeake Bay; and
(ii)    Are located in the Susquehanna River watershed; and
(2)    Shall consult with the secretary of the environmental agency of the state in which the project is located to ensure that:
(i)    The state supports the project; and
(ii)    For the purchased environmental outcomes, there is mutual agreement as to the allocation of credits to the Chesapeake Bay total maximum daily load’s watershed implementation plans.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-204 - Public Access to Chesapeake Bay and Its Tributaries

(a)    The Department is the unit of State government that coordinates public access to the Chesapeake Bay and its tributaries.
(b)    The Department shall:
(1)    Identify and designate areas for public access to the waters of the State in each county that is located on the tidal waters of the State;
(2)    Coordinate with local and State agencies responsible for planning, purchasing, developing, and maintaining access areas;
(3)    Make recommendations to guide public agencies in the identification, development, and management of access areas; and
(4)    Serve as a repository for all information and inventories concerning shorefront access.
(c)    (1)    This section may not be construed to expand the authority that the Department has on July 1, 1988 to require or promote condemnation of real property along the Big Blackwater River and the Little Blackwater River.
(2)    The State may not acquire by eminent domain real property along the Big Blackwater River or the Little Blackwater River without first proving that the acquisition is necessary to preserve the natural qualities and unpolluted state of the Big Blackwater River and the Little Blackwater River.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-205 - State Lakes Protection and Restoration Fund. [Effective Until July 1, 2025]

(a)    In this section, “Fund” means the State Lakes Protection and Restoration Fund.
(b)    There is a State Lakes Protection and Restoration Fund.
(c)    The purpose of the Fund is to protect and restore State–owned lakes.
(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)    Money appropriated in the State budget to the Fund; and
(2)    Any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may be used only for the protection or restoration of State–owned lakes.
(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 Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Money expended from the Fund for the protection or restoration of State–owned lakes is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the protection or restoration of State–owned lakes.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-206 - Working Budgets and Work Plans

(a)    The Department shall develop a working budget for the funds received from the State Lakes Protection and Restoration Fund established under § 8–205 of this subtitle.
(b)    The Department shall develop, in coordination with local governments, organizations, and citizens, an annual work plan that prioritizes and details projects that will receive funding from the State Lakes Protection and Restoration Fund.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2 - Conservation and Management of State Waters -- in General › Section 8-207 - Compensation Not Limited if Achieving Adding Environmental Outcomes

The Department may not prohibit or limit, through any contract, easement, or agreement, a participant in a program administered by the Department from participating in and receiving compensation from greenhouse gas markets, carbon credits, or soil carbon programs, if the purpose of the compensation is to achieve additional environmental outcomes that are consistent with the State’s Chesapeake Bay conservation goals.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2A - Chesapeake and Atlantic Coastal Bays 2010 Trust Fund › Section 8-2A-02 - Chesapeake Bay and Atlantic Coastal Bays 2010 Trust Fund. [Effective Until July 1, 2031]

(a)    There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.
(b)    The purpose of the Fund is to provide financial assistance necessary to advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and their tributaries, by focusing limited financial resources on nonpoint source pollution control projects in all regions of the State.
(c)    The Secretary shall administer 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)    The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    Money appropriated in the State budget for the Fund;
(2)    Money distributed to the Fund under §§ 2–1104 and 2–1302.1 of the Tax – General Article; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(f)    (1)    The Fund may be used only for the implementation of nonpoint source pollution control projects to:
(i)    Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and
(ii)    Improve the health of the Atlantic Coastal Bays and their tributaries.
(2)    It is the intent of the General Assembly that, when possible, moneys in the Fund shall be granted to local governments and other political subdivisions for agricultural, forestry, stream and wetland restoration, and urban and suburban stormwater nonpoint source pollution control projects, including up to 25% in matching funds to local governments and other political subdivisions that have enacted a stormwater remediation fee under § 4–202.1 of the Environment Article.
(g)    (1)    The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund shall be retained to the credit of the Fund.
(h)    Money expended from the Fund for the restoration of the Chesapeake and Atlantic Coastal Bays and their tributaries, including the Patuxent River, is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for bay restoration.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 2A - Chesapeake and Atlantic Coastal Bays 2010 Trust Fund › Section 8-2A-05 - Long-Term Sample Collection in Tributaries Located on Lower Eastern Shore

(a)    As part of the Department’s Chesapeake Bay Mainstem and Tidal Water Quality Monitoring Program, the Department shall conduct long–term sample collection in tributaries located on the lower Eastern Shore.
(b)    At a minimum, the Department shall regularly collect samples from each of the following locations:
(1)    Stations TRQ0088 and TRQ0146, located in the Transquaking River;
(2)    Station CCM0069, located in the Chicamacomico River;
(3)    Station XDJ9007, located in the Nanticoke River;
(4)    Station XCI4078, located in the Wicomico River;
(5)    Stations BXK0031 and MNK0146, located in the Manokin River; and
(6)    Stations POK0087 and XAK7810, located in the Pocomoke River.
(c)    To the extent practicable, water quality monitoring carried out under this section shall be done in locations where water quality monitoring was conducted prior to December 1, 2013, in order to allow the Department and the public to assess long–term water quality trends.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-401 - Declaration of Policy

Many of the rivers of Maryland or portions of them and their related adjacent land areas possess outstanding scenic, geologic, ecologic, historic, recreational, agricultural, fish, wildlife, cultural, and other similar values. The policy of the State is to preserve and protect the natural values of these rivers, enhance their water quality, and fulfill vital conservation purposes by wise use of resources within their surrounding environment. Development of a Scenic and Wild Rivers Program is desirable to fulfill these purposes.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-404 - Recommendation of Rivers, Streams, and Lands for Inclusion in Scenic and Wild Rivers Program

The Scenic and Wild Rivers Review Board may recommend for inclusion in the Scenic and Wild Rivers Program rivers, streams, and portions of rivers, streams, and tributaries, and the related adjacent lands which fall within the following descriptions:
(1)    Trout streams and wetland areas;
(2)    Spawning and propagation areas;
(3)    Streams and rivers with scenic and aesthetic value of statewide significance;
(4)    Existing or proposed public land adjacent to the rivers and streams;
(5)    Sections of any river or stream where no development exists on either side of the river or stream for a distance of one-quarter mile from the mean high water line of the river or stream;
(6)    Sections of any river or stream where limited development exists but is compatible with the wise use of the resources;
(7)    Sections of any river or stream where encroachment is imminent and would lead to degradation of the river or stream, to some form of pollution, or adversely affect the intent of this subtitle; or
(8)    Sections of any river or stream that are important as food production areas, areas supporting migratory waterfowl, and spawning areas for shellfish.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-405 - Evaluation of Waterway Prior to Approval of Use or Development Plan

Before specific plans for use and development of water and related land resources are approved, including constructing improvements, diversions, roadways, crossings, channelizations, locks, canals, or other uses that change the character of a river or waterway or destroy its scenic value, the Secretary shall give full consideration and evaluation of the river as a scenic and wild resource.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-406 - Approval Required for Construction, Operation, or Maintenance of Dams, Etc

A dam or other structure impeding the natural flow of a scenic and wild river may not be constructed, operated, or maintained in a scenic and wild river, and channelization may not be undertaken, unless the Secretary specifically approves.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-407 - Cooperation by State Units

Every State unit shall recognize the intent of the Scenic and Wild Rivers Program and take whatever action is necessary to protect and enhance the scenic and wild qualities of the designated river. The Secretary shall utilize the Scenic and Wild Rivers Program and all related information to assist and cooperate with any other State or local unit that exercises jurisdiction and authority over land use planning and management.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-408 - Youghiogheny River -- Designation as Wild River; Scenic Corridor Defined; Boundaries; Mining Restrictions

(a)    That segment of the Youghiogheny River between Millers Run and the southern corporate limits of Friendsville is designated a wild river.
(b)    In §§ 8–408 through 8–411 of this subtitle, “scenic corridor” means the visual corridor of the Youghiogheny River in that segment of the Youghiogheny River designated as wild that:
(1)    An individual can see from the river or its contiguous shorelines; and
(2)    The Secretary demonstrates by field investigation and defines by regulations.
(c)    (1)    By July 1, 1985 the Secretary shall:
(i)    Define by field investigation the boundaries of the scenic corridor of the Youghiogheny River; and
(ii)    Submit to the property owner a map indicating the proposed boundaries which affect the property owner.
(2)    The Youghiogheny local Scenic and Wild River Advisory Board shall verify the field investigation that the Secretary uses to define the extent of the scenic corridor.
(d)    (1)    By July 1, 1985 the Secretary shall verify the boundaries of the scenic corridor of the Youghiogheny River with each property owner whose property is included in the scenic corridor:
(i)    By an opportunity for an on–site review of the visual boundaries; or
(ii)    If an on–site review is not possible, by constructive notice in a certified letter, return receipt requested, bearing a postmark of the United States Postal Service, that states the boundaries of the scenic corridor in a way that is easily understood.
(2)    (i)    The Secretary shall submit to each property owner a map indicating the proposed boundaries that affect the property owner.
(ii)    If the property owner is not satisfied with the proposed boundaries shown to the property owner by the Department, within 30 days after the property owner has been shown the proposed boundaries, the property owner may request, in writing, a field survey of the boundaries.
(iii)    If funding for the requested field survey is not immediately available:
1.    The Department shall request funding for the field survey in the next fiscal budget; and
2.    The field survey is contingent on that funding being provided.
(3)    This subsection does not prevent the Secretary from proceeding to adopt regulations to define the scenic corridor under subsections (b) and (c) of this section.
(e)    (1)    The provisions of this subsection do not apply to any area in the scenic corridor that has been mined and is not reclaimed.
(2)    A person may not mine any minerals by the strip or open pit mining method in the scenic corridor.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-409 - Youghiogheny River -- Development; Regulations for Implementation of Management Plan, and Use and Development in Scenic Corridor

(a)    In this section, “development” means any structure, appurtenance, other addition, modification, or alteration that is constructed, placed, or made on or to land or water.
(b)    (1)    In addition to other regulatory authorities that are provided by this subtitle, the Secretary, in coordination with the Youghiogheny River local Advisory Board and the Board of Garrett County Commissioners, shall prepare regulations that are necessary to:
(i)    Implement the approved management plan for the Youghiogheny River; and
(ii)    Regulate use and development in the scenic corridor where the use and development would affect the primitive qualities and characteristics of the wild river segment of the Youghiogheny River.
(2)    The Board of Garrett County Commissioners and the Scenic and Wild Rivers Review Board shall review the regulations of the Secretary before the Secretary adopts the regulations.
(3)    On the adoption of the regulations under paragraph (2) of this subsection, the Secretary shall administer and enforce the regulations.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-410 - Youghiogheny River -- Use of Funds to Purchase Property; Restrictions on Use of Water or Land Areas

(a)    If the prohibitions of § 8–408 of this subtitle or of any regulation that the Secretary adopts for the Scenic and Wild Rivers Program would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property that is taken, providing that the acquisition has been previously approved by the General Assembly.
(b)    (1)    As to any water or land areas within that portion of the Youghiogheny River that is designated by § 8–408(a) of this subtitle as a wild river, funds under the open space program may be used to purchase any restriction, whether drafted in the form of an easement, covenant, or condition, that prohibits or limits the use of any of the water or land areas or any improvement or appurtenance to the water or land areas for any of the purposes listed in § 2–118(b) of the Real Property Article.
(2)    The restriction creates an incorporeal property interest in the water or land areas or the improvement or appurtenance to the water or land areas, so restricted, that is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas or the improvement or appurtenance to the water or land areas, if the restriction is executed in compliance with the requirements of the Real Property Article for the execution of deeds or the Estates and Trusts Article for the execution of wills.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 4 - Scenic and Wild Rivers Review Board and Related Program › Section 8-411 - Protection of Property Owners' Rights

(a)    (1)    Notwithstanding the regulatory authorities that are provided by this subtitle, the Secretary, in the process of administering the Scenic and Wild Rivers Program, shall consider, protect, and ensure protection of the rights of property ownership.
(2)    The Secretary may not adopt any regulation that would constitute a taking of a right of property ownership that violates the Constitution of the United States or the Maryland Constitution.
(b)    The State may not acquire by eminent domain land in the scenic corridor of the wild segment of the Youghiogheny River without first proving that the acquisition is necessary to preserve the wild segment of the Youghiogheny River, as provided in this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-702 - Legislative Intent

It is the intent of this subtitle to foster the development, use, and enjoyment of all the waters of Maryland. The State shall cooperate to the fullest possible extent with neighboring states and the federal government in connection with assistance and rescue operations and in enforcement of laws and regulations relating to recreational boating safety.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-703 - Powers and Duties of Department Generally

(a)    The Department shall administer the provisions of this subtitle. In addition, the Department shall:
(1)    Develop plans, within the limits of available income, for the improvement and promotion of the waters of the State for recreational purposes;
(2)    Promote safety of life and property through an educational program directed to boat owners, boat operators, and others concerning the inherent hazards to vessels and people on the waters, including precautions to be observed, and emergency action;
(3)    Plan a regulatory program and its related cooperation with officials of other states, the federal government, and local governments;
(4)    Improve the State’s waterways by deepening channels, acquiring and developing access areas, clearing waterways by removing logs, debris, and other material obstructing or detrimental to navigation, building docks, and clearing waters of aquatic vegetation;
(5)    Cooperate with federal, State, or local agencies which make funds available for the purposes of this subtitle;
(6)    In order to protect life and property, tow disabled vessels on any waters of the State to the nearest safe harbor or to a location where commercial towing facilities are available. The Department may not engage in towing in competition with commercial towing services;
(7)    Designate and mark channels in the waters of the State; and
(8)    By April 1, 1990, for any attended boat launching facility or marina that is owned or operated by the Department on July 1, 1989 or that is purchased, built, or otherwise acquired by the Department on or after July 1, 1989, install a pump-out station on-site at any attended boat launching facility or marina that is adequate to handle the sewage capacity from vessels expected to use the boat launching facility or marina.
(b)    The Department may take possession of any document the Department issues pursuant to this subtitle:
(1)    After the document’s expiration, revocation, cancellation, or suspension; or
(2)    If the document is issued unlawfully or erroneously.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-703.1 - Antifouling Paints

(a)    The Department shall develop and implement by August 1, 1987 an educational program to advise boaters, boatyards, marine suppliers, and other users of antifouling paints on:
(1)    The provisions of Title 5, Subtitle 9 of the Agriculture Article, § 9-321.1 of the Environment Article, and this section;
(2)    The toxic propensities to marine life of antifouling paints containing tributyltin compounds; and
(3)    The availability of substitute paints.
(b)    The Department shall:
(1)    Publish for use by the public a detailed listing of antifouling paints in use in the State that contain tributyltin and those that do not; and
(2)    Publish, to the extent possible, which antifouling paints containing tributyltin have acceptable release rates, as defined in § 5-901 of the Agriculture Article.
(c)    The Department shall develop the educational program under subsection (a) of this section and the materials used in the program in coordination with the State Department of Agriculture and in consultation with the marine trades and with representatives of the boating public.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-703.2 - Boating Regulations for Jennings Randolph Lake

(a)    Notwithstanding any other provision of this subtitle, the Department may adopt boating regulations exclusively applicable to Jennings Randolph Lake.
(b)    Regulations adopted under this section:
(1)    Shall be developed in coordination with the State of West Virginia;
(2)    Shall allow for joint enforcement of boating activities by Maryland and West Virginia authorities in accordance with the Jennings Randolph Lake Project Compact; and
(3)    May differ from Maryland boating laws that would otherwise apply.
(c)    Regulations adopted under this section may:
(1)    Provide age limits for the operation of a vessel;
(2)    Establish vessel noise limits;
(3)    Impose safety requirements regarding vessels;
(4)    Impose other standards and requirements for the operation of a vessel;
(5)    Provide for rules of the road for vessels;
(6)    Provide requirements regarding the operation of personal watercraft;
(7)    Impose restrictions on the operation of vessels while towing an individual on water skis or similar devices; and
(8)    Address other areas pertaining to activities at the Jennings Randolph Lake Project that the Department considers appropriate.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-703.3 - Aquatic Invasive Species -- Decontamination of Vessels

(a)    This section applies to a vessel that is operated in a lake that is owned or managed by the State.
(b)    After April 1, 2017, an owner of a vessel may not place the vessel or have the vessel placed in a lake at a public launch ramp or public dock unless the owner has cleaned the vessel and removed all visible organic material.
(c)    An owner of a vessel who violates this section is subject to a civil penalty not exceeding:
(1)    $100 for a first violation;
(2)    $250 for a second violation; and
(3)    $500 for a third or subsequent violation.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-704.1 - Disclosure of Information

(a)    Except as provided in subsection (b) of this section, the Department may not furnish to any person the name, address, or other identifying information about the owner of the registered vessel.
(b)    This section does not prevent the Department from furnishing information under this section:
(1)    To another governmental agency;
(2)    If not requested for the purpose of preparing a mailing list, to a person requesting the information in connection with the compilation of statistical data;
(3)    As to the owners of vessels registered under this subtitle, to a person whose request for the information is determined by the Department to be limited to, and necessary for, the protection of the ownership, safe operation, proper maintenance, or repair of the vessel; or
(4)    To a financial institution, as defined in § 1–101(j) of the Financial Institutions Article, or its agents, employees, or contractors, requesting information under § 4–317 of the General Provisions Article.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-705 - Waterways Improvement Districts -- in General

(a)    A governing body may establish and designate areas of land or water within its jurisdiction as waterways improvement districts, subject to the provisions of subsection (c) of this section.
(b)    A governing body:
(1)    Shall act as the district council for the district; and
(2)    May carry out the duties vested by law or which are reasonably necessary.
(c)    A governing body shall refer every proposed district to the section of waterways improvement of the Department for a report and evaluation of benefits to be achieved by creating the proposed district. The Department shall review the proposed district and submit a report to the governing body containing recommendations on feasibility and need for the proposed district. The report shall include the area within the district, the work or project to be carried out within the district pursuant to § 8-707 of this subtitle, and the estimated cost for the work or project recommended.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-706 - Waterways Improvement Districts -- Department's Functions

The Department shall carry out the administrative duties concerning the waterways improvement districts. In addition, the Department shall:
(1)    Review proposals and petitions to establish waterways improvement districts and report to the governing body on each proposed district as provided in § 8-705 of this subtitle;
(2)    Provide engineering design for waterways projects and supervise or provide supervision for these projects;
(3)    Clear debris, aquatic vegetation, and obstructions from waters of the State;
(4)    Provide liaison with the United States Army Corps of Engineers on projects under § 107 of the Rivers and Harbors Act;
(5)    Prepare requests for appropriation of funds necessary to pay the State’s share of the cost of projects;
(6)    Administer the Waterway Improvement Fund to provide interest-free loans to any governing body for a waterway improvement project as provided in § 8-708(d) of this subtitle; and
(7)    Administer the Waterway Improvement Fund to provide interest-free loans to a governing body for the benefit of a residential property owner, or group of residential property owners, with land abutting a channel adjacent to a main channel or harbor for dredging the adjacent channel as provided in § 8-708.1 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-708.1 - Financing for Projects for Dredging Channels Adjacent to Main Channels or Harbors

(a)    Projects for dredging channels adjacent to federal, State, county or municipal main channels or harbors may be financed by interest-free loans to a governing body for the benefit of a residential property owner or a group of residential property owners with land abutting the adjacent channel.
(b)    (1)    Except as provided in paragraph (2) of this subsection, unless every residential property owner with land abutting the adjacent channel agrees to participate in the financing of the dredging project, the dredging project may not be approved.
(2)    If all residential property owners abutting a channel adjacent to a main channel or harbor agree to exempt a residential property owner or group of residential property owners from participating in the financing of the dredging project, the residential property owner or group of residential property owners shall be exempt.
(c)    Repayments of the principal on loans made under this section shall be made by the governing body in accordance with § 8-708(c) of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-709 - Waterway Improvement Fund -- List of Requests for Use to Be Included in Department's Annual Budget Request; Expenditures From Fund Without Legislative Approval; Use of Fund for Administrative Expenses

(a)    The Department shall include in its annual budget request an itemized list of requests for the use of any available money from the Waterway Improvement Fund for the projects under § 8–707 of this subtitle. The Department’s list shall include a brief description of each project, an estimate of its cost, and the benefits to be derived from it. The list shall designate which projects are financed solely by the Waterway Improvement Fund, which are matching fund projects, and which are interest–free loan projects.
(b)    Notwithstanding the provisions of subsection (a) of this section, in any fiscal year the Department may expend from the Waterway Improvement Fund without legislative approval a total sum of not more than $225,000. Of this amount, a sum of not more than $125,000 may be expended for small projects under § 8–707(a)(3) and (4) of this subtitle, subject to the limitation that a single project of this kind may not exceed $5,000 in cost to the Waterway Improvement Fund, and a sum of not more than $100,000 may be expended for boating safety and education.
(c)    Notwithstanding the provisions of subsection (a) of this section, the Department may propose an appropriation from the Waterway Improvement Fund to support marine operations of the Natural Resources Police not exceeding:
(1)    $1,700,000 in the Department’s fiscal year 2006 budget; and
(2)    $2,000,000 in the Department’s fiscal year 2007 budget, and every year thereafter.
(d)    Notwithstanding the provisions of subsection (a) of this section:
(1)    For fiscal year 2006 through fiscal year 2009, as provided in the State budget, the Department may use up to the following percentage of the moneys in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund:
(i)    In fiscal year 2006, 8%;
(ii)    In fiscal year 2007, 6%;
(iii)    In fiscal year 2008, 4%; and
(iv)    In fiscal year 2009, 2%.
(2)    Except as provided in paragraph (3) of this subsection, for each of the fiscal years after fiscal year 2009, the Department may use up to $750,000 in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund.
(3)    For fiscal year 2016 only, the Department may use up to $1,625,000 in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-709.1 - Limitation of Marina Slips

(a)    This section applies to any public or private marina that is located on the navigable waters of the State.
(b)    Except as provided under § 9-333 of the Environment Article, on or after July 1, 1989 a person may not construct:
(1)    Any additional slips at an existing marina that would result in a total slip capacity of more than 10 slips; or
(2)    A new marina with more than 10 slips on the navigable waters of the State.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-710 - Manufacturer's or Dealer's License

(a)    A manufacturer or dealer may not conduct his business in the State unless licensed as a manufacturer or dealer pursuant to regulations the Department adopts.
(b)    An out-of-state or foreign manufacturer or dealer shall be exempted from licensing solely for purposes of displaying and selling vessels at a boat show, boat exposition, or outdoor recreation show if the show or exposition is 14 consecutive days or less duration, admission taxes are paid on charges for admission to the show or exposition, and the manufacturer or dealer does not principally own, control, or manage the show or exposition.
(c)    Application for a manufacturer’s or dealer’s license is made on the form the Department prescribes and contains the name and address of the applicant. If the applicant is a partnership, the application shall include the name and address of each partner. If the applicant is a corporation, the application shall contain the names of the principal officers of the corporation, the state of incorporation, the addresses of every place where the business is conducted, the nature of the business, and any other information the Department requires. Every application shall be verified by oath or affirmation of the applicant if an individual, or by the partner or officer if the applicant is a partnership or corporation. A license fee fixed by the Department not to exceed $25 shall accompany every application.
(d)    After receiving the required application and fee, the Department issues a license certificate to the applicant which entitles him to conduct business as a manufacturer or dealer during the calendar year in which the license is issued. Every license expires on December 31 of each year in which issued. The license may be renewed upon annual application and payment of the required fee.
(e)    (1)    The Department may refuse to issue a license or, after written notice to the licensee and a hearing, may cancel a license when the Department determines that the applicant or licensee has failed to comply with the provisions of this subtitle.
(2)    On petition of the Consumer Protection Division of the Office of the Attorney General, and after written notice to a licensee and a hearing, the Department may revoke or suspend the license of a dealer if the Department determines that the licensee has violated § 13-301 or § 13-303 of the Commercial Law Article.
(f)    If, during the period for which a dealer’s or manufacturer’s license is issued, there is any change in the factual information furnished to the Department by the licensee in connection with obtaining or retaining the license or a renewal of the license, the change shall be truly, fully, and promptly communicated to the Department in writing on forms provided by the Department. The applicant shall sign the form and certify that the information given is true and correct.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-710.1 - Bonds of Manufacturers or Dealers

(a)    Prior to the issuance of a boat dealer’s or manufacturer’s license, each applicant shall file with the Department acceptable evidence of a bond or other security deemed sufficient and adequate by the Department for the payment of fees and taxes the applicant receives based upon the applicant’s volume of sales and the class of boat dealer’s or manufacturer’s license which the applicant has requested. The bond shall be for the use and benefit of the Department and any member of the public who suffers or sustains any loss by reason of any violation of this subtitle by the licensee, the licensee’s agent, or the licensee’s employee. The Department may also use the bond to recover any penalty and interest charged to the licensee based on a failure to pay the fees or taxes received by the applicant.
(b)    If any licensee fails to file acceptable evidence that the bond required by this section has been extended prior to the expiration of the bond, the licensee’s dealer’s or manufacturer’s license automatically is suspended upon expiration of the bond. The suspension shall terminate when the licensee files with the Department acceptable evidence of a bond or other security deemed sufficient and adequate by the Department for the payment of fees and taxes the licensee receives based upon the licensee’s volume of sales and the class of boat dealer’s and manufacturer’s license which the licensee has been issued.
(c)    An applicant for a boat dealer’s or manufacturer’s license who also is applying for a title service agent’s license or a trailer dealer’s license with the Motor Vehicle Administration may file evidence of a bond or other security deemed adequate and sufficient by both the Motor Vehicle Administration and the Department with respect to the applicant’s obligations and liabilities under this section and § 15-308 or § 15-604 of the Transportation Article.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-710.2 - Temporary Certificates of Boat Number

(a)    The Department may design temporary certificates of boat number and furnish them to any licensed boat dealer.
(b)    (1)    For any vessel that is to be used principally in Maryland, a licensed dealer may issue 1 temporary certificate of boat number to the person who buys the vessel from the dealer.
(2)    A dealer may not issue a temporary certificate of boat number unless:
(i)    The taxes and other fees as required by this subtitle are paid to the dealer; and
(ii)    An application for Maryland certificate of boat title and number or a purchaser’s application for transfer of a Maryland certificate of boat title is completed and signed by the purchaser of the vessel.
(3)    (i)    Before issuing a temporary certificate of boat number, the dealer shall complete the certificate by writing in the information required by the Department.
(ii)    A temporary certificate of boat number is not valid unless the dealer completes the certificate as required by this subsection.
(4)    The dealer may not issue more than 1 temporary certificate for any vessel. If the temporary certificate is lost, stolen, or destroyed, the owner must apply to the Department for a certificate of boat number.
(5)    Within 30 days after a dealer issues a temporary certificate of boat number, the dealer shall mail a copy of the temporary certificate to the Department.
(c)    A temporary certificate of boat number expires when the first of either of the following occurs:
(1)    A certificate of boat number for the vessel is issued by the Department; or
(2)    60 days expire from the date the temporary certificate was issued by the dealer.
(d)    In addition to any other sanction under this subtitle, on failure of a dealer to forward to the Department taxes and fees within 30 days of collection, the Department may declare forfeited the bond or other security filed by the dealer under this subtitle.
(e)    The Department may require the return of all temporary certificates from any dealer who has not complied with any provision of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-710.3 - Excise Tax on Sales of Vessels

(a)    A licensed boat dealer shall collect the excise tax on all sales of vessels to be titled and numbered and on all sales of vessels to be federally documented to be used in the State as required under §§ 8-712 and 8-716 of this subtitle.
(b)    A licensed boat dealer who operates a bare-boat charter shall insure that any owner of a vessel in the fleet of the dealer to be used in the State has:
(1)    Complied with §§ 8-712 and 8-716 of this subtitle; and
(2)    Numbered the vessel to be chartered in the State as the state of principal use.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-711 - Hull Identification Number of Vessel

(a)    Every vessel whose construction is begun after October 31, 1972 shall have a hull identification number assigned and affixed as required by the Federal Boat Safety Act of 1971. The Department shall determine the procedures for application and for issuance of the hull identification number.
(b)    A person may not destroy, remove, alter, cover, or deface the manufacturer’s hull identification number, the plate bearing it, or any hull identification number the Department assigns to any vessel without the Department’s permission.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-712.1 - Vessel Validation Sticker

(a)    (1)    An owner of a vessel that has a valid document issued by the United States Coast Guard and that is used principally on the waters of the State for pleasure shall apply to the Department for a Maryland use sticker.
(2)    The Department shall issue a Maryland use sticker to any person who submits an application and pays a fee as required by subsection (b) of this section.
(3)    The Maryland use sticker issued under this section shall be valid for a period not to exceed 2 years expiring on December 31 of the calendar year following the year the sticker is issued.
(b)    The owner of the vessel shall:
(1)    Submit an application to the Department on the form that the Department requires and be signed by every owner of the vessel; and
(2)    Pay to the Department an application fee of $10 for the 2-year sticker.
(c)    Within 30 days after the sale or other transfer of a vessel that is displaying or should display a sticker under this section:
(1)    The transferor shall give notice of the transfer to the Department on a form that the Department requires; and
(2)    If the transferee intends to continue to use the vessel principally on the waters of the State, the transferee shall submit an application for a Maryland use sticker and pay the fee as required by subsection (b) of this section.
(d)    The Maryland use sticker shall be displayed on or about the forward half of the vessel.
(e)    Unless the vessel that is subject to the requirement of this section displays a current sticker:
(1)    A person may not operate the vessel on the waters of the State; and
(2)    The owner may not knowingly permit the vessel to be operated on the waters of the State.