reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-14 - Catching Oysters on Leased Oyster Bottoms by Leaseholder

(a)    (1)    Except as provided in paragraph (2) of this subsection, a leaseholder may cultivate or remove shellfish planted on his aquaculture or submerged land lease area in any manner he deems proper.
(2)    A person may not use a hydraulic escalator dredge to harvest shellfish in the Atlantic Coastal Bays.
(b)    Each leaseholder shall keep accurate records concerning the seeding and planting of cultch and oysters on, and the harvesting, and selling of oysters from his aquaculture, submerged land, or demonstration lease area. Each leaseholder shall report this information to the Department on forms the Department prescribes.
(c)    (1)    On or before January 1 of each year, a leaseholder shall provide to the Department a report documenting the use of the lease during the prior year.
(2)    A leaseholder shall provide to the Department any other report that the Department may require.
(3)    Failure to file a report may result in termination of the lease.
(4)    Failure to actively use a lease may result in termination of the lease.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-16 - Miscellaneous Prohibitions on Aquaculture or Submerged Land Lease Area

(a)    (1)    A person, other than the leaseholder, may not willfully and without authority catch oysters on any aquaculture or submerged land lease area, or willfully destroy or transfer oysters on this land in any manner.
(2)    The Department shall request the office of the local State’s Attorney or the Attorney General to bring a criminal action under § 7–104 of the Criminal Law Article against a person found to be in violation of this subsection provided that the leased area is designated and marked with buoys and other signage or the person knew or should have known that the harvest of oysters from the area was unlawful.
(3)    (i)    On conviction of a person for a violation of this subsection, the Department may suspend all existing tidal fish licenses issued to that person for a period not to exceed:
1.    1 year for a first conviction; or
2.    2 years for a second or subsequent conviction.
(ii)    Before suspending any license under this section, the Department shall give the licensee written notice of the right to request a hearing.
(iii)    A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.
(iv)    The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.
(b)    A person, other than a leaseholder, may not remove, alter, transfer, or destroy any marker, shellfish, equipment, or structures on any aquaculture or submerged land lease area.
(c)    A person, other than an aquaculture or submerged land leaseholder, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-16.1 - Miscellaneous Prohibitions on Aquaculture or Submerged Land Lease Area

(a)    Subject to subsection (b) of this section, a person who willfully, negligently, recklessly, wrongfully, or maliciously enters any area leased to another person under this subtitle to harvest, damage, or transfer shellfish or to alter, damage, or remove any markings or equipment is liable to the leaseholder or any agent, employee, business partner, or contractor of the leaseholder for damages in an amount of:
(1)    Three times the value of the shellfish harvested, damaged, or transferred;
(2)    The actual restoration costs for the leased area and any altered, damaged, or removed markings or equipment; and
(3)    Any attorney fees or court costs incurred by the leaseholder or any agent, employee, business partner, or contractor of the leaseholder in the matter.
(b)    Subsection (a) of this section does not apply to a person engaging in aquaculture activity on a leased area in accordance with the terms and conditions of:
(1)    A shellfish aquaculture harvester registration card that is in the person’s possession; or
(2)    An operator card that is in the possession of the person or another person present in the lease area.
(c)    On the request of a law enforcement officer, a person who enters an area leased to another person under this subtitle and engages in any act specified in subsection (a) of this section shall display a shellfish aquaculture harvester registration card or an operator card for the lease area.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-17 - Exclusive Right of Riparian or Wharf Owners to Cultivate Shellfish

The owner of any pier, wharf, or other structure constructed on or about the water and approved by the corps of engineers, shall have exclusive use, for the purpose of growing and harvesting shellfish, of the area:
(1)    Below the owner’s pier, wharf, or structure; and
(2)    In Calvert, Howard, St. Mary’s, and Talbot counties only, within 10 feet of the owner’s pier, wharf, or structure, for oysters grown in trays, baskets, or containers that are attached by lines or ropes that are the property of the owner of the pier, wharf, or structure to:
(i)    The private pier, wharf, or structure; or
(ii)    Another oyster tray, basket, or container that is attached to the private pier, wharf, or structure.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-18 - Experimental Propagation Activities

The Department shall establish 3 separate areas of 10 acres of submerged land each for oyster propagation research in the vicinity of:
(1)    Horn Point in Cambridge in Dorchester County;
(2)    Deale Island in Somerset County; and
(3)    The waters of St. Mary’s County, other than in the Potomac River.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-19 - Regulations for Taking, Possession, Transport or Sale for Purpose of Replanting on Leased Bottoms

Notwithstanding any other provision of this title, the Department may adopt regulations that allow taking, possession, transport, or sale of oysters, from leased oyster bottoms that are less than the minimum size limit in §§ 4–1015 and 4–1015.1 of this title.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-20 - Privately Owned Artificial Ponds or Lakes

(a)    The Department may issue a permit authorizing a person to establish and operate an artificial or man-made pond or lake which he owns, leases, or controls, where fishing is permitted for payment of a fee, and in which fish stocked are artificially propagated by commercial hatcheries, or purchased from persons licensed to sell fish. The Department may issue the permit if it determines the lake or pond does not conflict with any reasonable prior public interest. The permit fee shall be $25 a year. The permit expires on December 31 following the date of issuance.
(b)    The Department shall prescribe by regulation the size of the area, method of fishing, open and closed seasons, and the catching of fish by furnishing tags for a reasonable fee. The Department also shall regulate the release, possession, and use of legally propagated game and freshwater fish, and may require any report necessary concerning the operation of these areas.
(c)    Any permit issued under the provisions of this section may be revoked for violation of any provision of this section or any regulation of the Department relating to fee-fishing lakes. The owner or operator of a fee-fishing lake or pond may not operate it without a permit.
(d)    (1)    The provisions of this title do not apply to any privately owned recreational area if the following factors are present:
(i)    The payment of a fee to the owner of the area is not exclusively for the privilege of fishing in any ponds or lake on the property;
(ii)    The lakes or ponds are stocked privately by the owner with privately owned fish; and
(iii)    Activities other than fishing are provided for the users of the recreational area.
(2)    The owner or owners of any privately owned recreational area and the users of the area are not required to display fishing licenses.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-21 - Permit to Breed, Propagate, and Sell Game and Freshwater Fish

(a)    A person may apply in writing to the Department for a permit to breed, propagate, and sell any species of game and freshwater fish protected by law, in ponds or lakes which he owns or leases. The Department, upon receipt of a permit fee of $5 may issue to the applicant a breeder’s license permitting him to hatch, rear, transport, sell, barter or exchange any fish. A fish breeder’s permit expires on December 31 following the date of issuance.
(b)    The Department shall promulgate regulations governing the release, possession, sale, shipment, and identification of every game and freshwater fish bred under a fish breeder’s permit. The Department may require any report necessary concerning the operation of a fish breeder’s permit. Any permit issued under the provisions of this section may be revoked for a violation of any provision of this section or any regulation made pursuant to it.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-22 - Trespass on Land to Fish in Privately Owned Ponds Prohibited

If a person who owns, controls, or erects an artificial pond on land he owns or possesses, puts any fish or the eggs or spawn of fish in the pond for breeding and cultivating purposes, and gives notice by written or printed handbills in public places near the pond, no other person may enter the premises to fish, without obtaining the consent of the owner.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-23

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Permit” means a shellfish nursery permit.
(3)    “Pier” has the meaning stated in § 16–101 of the Environment Article.
(b)    A person may not engage in the commercial rearing of shellfish seed outside an area leased under this subtitle without first obtaining a permit from the Department.
(c)    For a shellfish nursery to be located on land, the Department may issue a permit only to the owner or legal tenant of the property or to a person with the permission of the property owner.
(d)    (1)    For a shellfish nursery to be located in waters of the State outside a leased area, the Department may issue a permit only:
(i)    To the owner of a pier or other structure constructed on or about the water and approved by the U.S. Army Corps of Engineers, or to a person with the permission of the owner of the pier or other structure; and
(ii)    For the cultivation of shellfish seed within 20 feet of the pier or other structure, in an area of water not exceeding 200 square feet.
(2)    A person is not required to obtain a water column lease or a submerged land lease for a permitted in–water shellfish nursery operation.
(3)    Shellfish nursery products are exempt from water quality classifications and restrictions established by the Department of the Environment under the National Shellfish Sanitation Program.
(4)    A person cultivating shellfish seed using a pump, a pipe, or any other equipment attached to a pier in accordance with a permit issued under this section is not required to obtain a tidal wetlands license or permit from the Department of the Environment or a State wetlands license from the Board of Public Works under Title 16 of the Environment Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.
(e)    (1)    To obtain a permit, a person shall:
(i)    Complete and submit an application to the Department on a form prescribed by the Department; and
(ii)    Pay a nonrefundable application fee established by the Department in consultation with the Aquaculture Coordinating Council.
(2)    The application fee may not exceed the cost of processing the permit.
(f)    The Department may, as it considers necessary to protect the public health, safety, and welfare:
(1)    Deny a permit application for reasonable cause; or
(2)    Include conditions in a permit.
(g)    (1)    The term of a shellfish nursery permit is 5 years.
(2)    The Department may revoke or suspend a permit issued under this section at any time for noncompliance with the requirements of this section, regulations adopted under this section, or the conditions of the permit.
(h)    A permit holder shall allow the Department to inspect at reasonable hours any facilities, equipment, or shellfish that are part of the permit holder’s shellfish nursery operations.
(i)    The Department may adopt regulations to implement this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1202 - Collection and Disposition of Fines

(a)    (1)    Except as provided in paragraph (2) of this subsection, if any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.
(2)    Notwithstanding any other provision of law, a fine imposed by the District Court under § 4–1201(h) of this subtitle on a person who commits a separate commercial fishing violation while the license or authorization is suspended or revoked or who engages in commercial fishing activity without holding the appropriate license or authorization, less the costs of collection, shall be paid to the Fisheries Research and Development Fund.
(b)    If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the Fisheries Research and Development Fund, unless otherwise provided for.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1203 - Search Warrants

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any fish or any device in violation of this title, the officer shall go before any District Court judge of the county in which the fish or device is supposed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the fish or device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to Rule 4-601 of the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time as set forth in the search warrant.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1204 - Searches Without Warrant

(a)    If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any fish or device is possessed, in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the fish or device, then he may examine without a warrant any boat, railway car, box, crate, package, or game bag.
(b)    In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the fish bag. He also may determine whether the person has an appropriate license.
(c)    However, this section does not permit entering a dwelling house without first procuring a search warrant.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1205 - Seizure and Disposition of Fish Unlawfully Caught, Sold, Offered for Sale, Transported, or Possessed

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, shall seize every fish unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of the seized fish at its discretion.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1206 - Seizure, Forfeiture, and Disposition of Devices, Equipment, or Property

(a)    A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, may seize every device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at its discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person charged.
(b)    However, the device, equipment, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1207 - Suspension and Revocation of Licenses by Court

(a)    In addition to any other penalty or fine provided in this title, any person who is convicted of violating any provision of this title or any regulation adopted under the authority of this title may have the license under which the person operated in the commission of violation suspended or revoked by the court.
(b)    (1)    A court may suspend for not more than 1 year a fishing license of a person who is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing.
(2)    When a person not holding a fishing license is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing, the court may order that the person not obtain a fishing license for a period of not more than 1 year.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1208 - Expungement of Records

(a)    In this section, “violation” means a violation of:
(1)    Any provision of this title; and
(2)    Any rule or regulation concerning fish and fisheries adopted by the Department.
(b)    If a person applies for the expungement of the person’s record concerning any violation, the Department shall expunge the record if, at the time of application:
(1)    The person has not been convicted of a violation for the preceding 3 years, and any license issued to the person under this title has never been suspended or revoked;
(2)    The person has not been convicted of a violation for the preceding 5 years, and any license issued to the person under this title shows not more than 1 suspension and no revocations; or
(3)    The person has not been convicted of a violation for the preceding 10 years, regardless of the number of suspensions or revocations.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1209 - Immediate Suspension of License for Failure to Appear in Court

Upon the failure of any person to appear in a court of this State as required by any charging document accusing the person of committing any offense under this title, in addition to any other appropriate action taken by the court or the Department, the Department may immediately suspend, without hearing, any license issued to the person under this title. The Department may not issue any new license under this title to the person until the person appears in court to answer the charging document.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1210 - Oyster Poaching

(a)    (1)    In addition to any other penalty or fine provided in this title, a person who holds an authorization to catch oysters under § 4–701 of this title and receives a citation for an offense listed under paragraph (2) of this subsection may have the authorization revoked in accordance with this section.
(2)    The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for revocation of an authorization to catch oysters under this section:
(i)    Taking oysters located more than 200 feet within a closed or prohibited area;
(ii)    Taking oysters with gear that is prohibited in that area;
(iii)    Taking oysters outside of a time restriction for the harvest of oysters by more than 1 hour;
(iv)    Taking oysters during closed seasons; and
(v)    Taking oysters from a leased area by a person other than the leaseholder or the leaseholder’s designee.
(b)    (1)    (i)    Before the revocation of an authorization to catch oysters under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.
(ii)    A hearing held under subparagraph (i) of this paragraph shall be held within 90 days after the cited individual commits the offense listed under subsection (a)(2) of this section.
(2)    After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall revoke the person’s authorization to catch oysters.
(c)    A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.
(d)    A person whose authorization has been revoked in accordance with this section may not engage or work in the oyster fishery whether or not it requires the use of another license.
(e)    On or before December 31 each year, the Department shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on:
(1)    The number of citations issued during the previous year for offenses listed under subsection (a) of this section; and
(2)    The action taken or penalty imposed by the Department for each offense.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures › Section 4-1211 - Revocation of Authorization to Catch Striped Bass or Crabs

(a)    (1)    In addition to any other penalty or fine provided in this title, a person who is authorized to catch striped bass or crabs under § 4–701 of this title and who commits an offense established under paragraph (2) of this subsection may have the authorization to catch striped bass or crabs revoked in accordance with this section.
(2)    The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish grounds for the revocation of an authorization to catch striped bass or crabs under § 4–701 of this title, which shall include egregious or repeat violations in the following categories:
(i)    Using illegal gear;
(ii)    Harvesting during closed seasons;
(iii)    Harvesting from a closed area;
(iv)    Violating established harvest, catch, or size limits; and
(v)    Violating tagging and reporting requirements.
(b)    (1)    Before the revocation of an authorization to catch striped bass or crabs under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.
(2)    After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall revoke the person’s authorization to catch striped bass or crabs.
(c)    A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.
(d)    A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 1 - In General › Section 5-102.1 - Practice of Forestry

(a)    (1)    In this section, the term “forestry” includes activities prescribed by a licensed professional forester in accordance with § 7–101 of the Business Occupations and Professions Article.
(2)    “Forestry” does not include the clearing of land as a prelude to a change in the use of land.
(b)    Forestry, as prescribed by a person licensed as a forester under Title 7 of the Business Occupations and Professions Article and in accordance with accepted silvicultural principles, as defined by the Society of American Foresters, constitutes a traditional, fundamental, beneficial, and desirable use of the State’s forest resource. Forestry is an important land management tool that contributes significantly to the economy of the State by the support of a vital forest products industry, as well as to the health of forests and their wildlife, water quality, and recreational benefits by the sustainment of forest productivity and wildlife habitats.
(c)    In Maryland, forestry, including the harvest and transport of forest products, is often carried out in close proximity to populated areas. Other than development for more intensive uses, this harvest of timber may represent a major source of income for the profitable use of private property.
(d)    (1)    Retention, management, and expansion of the State’s forested resources are critical to the health and vitality of the Chesapeake Bay watershed, rural Maryland, and forest resource–based industries.
(2)    It is the intent of this subsection to:
(i)    Encourage forestry practices in local comprehensive plans developed in accordance with Title 1, Subtitle 4 or Title 3 of the Land Use Article; and
(ii)    To express the General Assembly’s intent that local planning and zoning restrictions that impact silvicultural practices may not be more stringent than restrictions imposed by State law and regulation.
(e)    Since it is in the State and public interests to preserve the forest land base and other natural resources, a local government with planning and zoning powers shall support forestry by a reasonable exercise of these powers, including the consideration, development, and interpretation of planning and zoning requirements that beneficially impact the efficient and economic practice of forestry in a manner consistent with the local government’s implementation of the visions listed in § 1–201 of the Land Use Article.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-201 - Role of Department in General; Transfer of Jurisdiction From Department of Forests and Parks

(a)    The Department shall promote, administer, and manage every State-owned or leased forest, park, scenic preserve, natural area, parkway, historic monument, and recreation area, administer every law and rule or regulation relating to forests, parks, scenic preserves, natural areas, parkways, historic monuments, recreation areas, fire control, roadside trees, the restoration of deforested or denuded areas, and the operation of the State forest nursery.
(b)    Every right, power, duty, obligation, and function conferred upon or exercised by the Department of Forests and Parks is transferred to and exercised by the Department. Every reference to the Department of Forests and Parks which appears in the Code, other laws of the State, or in any ordinance, resolution, rule, regulation, legal action, directive, or document, means the Department.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-204 - Sustainable Forestry Council

(a)    (1)    There is a Sustainable Forestry Council in the Department.
(2)    The purpose of the Council is to advise the Department on all matters related to:
(i)    Sustainable forestry management in the State;
(ii)    The expenditure of funds from the Mel Noland Woodland Incentives Fund under § 5–307 of this title;
(iii)    Existing regulatory and statutory policies that are perceived as economic barriers to a viable forest products industry;
(iv)    New markets to enhance forest health, including renewable energy development through biomass energy, to offset fossil fuel consumption and reduce greenhouse gas emissions;
(v)    Creative strategies to help privately owned forest lands better compete with real estate market values that are driving forest conversion and fragmentation;
(vi)    The means to promote forest–based economies and processing capability that contribute to economic and employment growth; and
(vii)    Assigning a nutrient efficiency benefit to forest stewardship plans and other forest conservation management plans that can be measurably tracked and reported by the number of forested acres covered by the plans.
(b)    (1)    The Sustainable Forestry Council shall have 9 members.
(2)    Members of the Council shall be appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-207 - Purchases and Gifts of Lands

(a)    (1)    The Department may purchase and manage lands in the name of the State, suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves, using for these purposes any special appropriation or surplus money not otherwise appropriated, which is standing to the credit of the Forest Reserve or Park Reserve Fund. However, an individual tract of land or easement in excess of 100 acres may not be purchased in Garrett County, except with the approval of the County Commissioners of that county. The Department may accept any gift of land in the name of the State to be held, protected, and administered by the Department as State parks, forests, or other reserves, and used to demonstrate the practical utility of the land for recreational areas, State parks, scenic preserves, parkways, historic monuments, timber culture, water conservation, and as a breeding place for wildlife. Any gift shall be absolute except for the reservation of mineral and mining rights over and under the land, and a stipulation that it shall be administered for State forest, park, or recreation purposes.
(2)    The Department shall meet its needs for land in Garrett County by acquiring the land only from willing sellers, provided that the Department may acquire by condemnation easements of the minimal extent necessary for access or utility service to lands of the Department if there is no alternative location or means of providing the access or service.
(3)    The Department may apply for a certificate of reservation for public use of abandoned land under Title 13 of the Real Property Article.
(b)    The Department may accept gifts, donations, or contributions of land from the federal government or any of its agencies, enter into agreements with the federal government or any of its agencies, and acquire by lease, purchase, or otherwise, lands the Department deems suitable for State forests or parks. The Department may make expenditures from any funds not otherwise obligated for the management, development, and utilization of the lands. It may sell or dispose of products from the lands, and make rules and regulations necessary to carry out the provisions of this subsection. Any revenue received from the lands shall be paid into the State Treasury to the credit of the Forest or Park Reserve Fund in accordance with the provisions of § 5-212 of this subtitle. However, at least 50 percent of the gross revenues derived from the lands may be devoted to the payment of any obligations for the purchase incurred under the provisions of this subsection, until the obligations are fully paid.
(c)    Notwithstanding any other provision of law, a lease into which the Department enters after July 1, 1979 for any land acquired under this title is not subject to redemption of the tenant, unless the lease expressly provides otherwise.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-208 - Eminent Domain

(a)    The Department may condemn land, earth, gravel, stone, timber, material, or any improvements in the name of the State when action is necessary to carry out the purpose of any legislative act or advance the aims of forestry, parks, or recreation, and the work of the Department. The Department may pay any cost and expense incurred out of any surplus money standing to the credit of the Forest Reserve or Park Reserve Funds, not otherwise appropriated. This section does not apply to land located within Baltimore City.
(b)    After a complaint for condemnation has been filed in accordance with Maryland Rule 12-205, and upon payment into the court of an amount equal to the higher of two appraisals, the court, at the request of the Department, may, following a prompt hearing, issue an injunction prohibiting any physical change or improvement to the property which would adversely affect the public purpose for which the Department is seeking to condemn the property. However, if the complaint for condemnation and payment into the court is accompanied or followed by an affidavit or affidavits from the Department alleging a reasonable belief that the property owner intends to cause imminent and irreparable physical change to the property, the court may issue an ex parte injunction prohibiting any physical change or improvement to the property until a prompt hearing can be held, after which hearing the terms of the ex parte injunction may be continued or modified as justice may require until the condemnation proceedings are concluded. The court may, as a part of the hearing, release all or part of the funds to prevent economic injury to the landowner.
(c)    If the Department abandons the condemnation suit, the court may award the defendants compensation for any economic injury that they may have incurred due to the injunction prohibiting any change or improvement to the property.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-210 - Park, Recreation, and Natural Area Planning; Protection of Watersheds; Management; Replacement of Trees, Etc

The Secretary, upon request, shall assist other State units, counties, towns, corporations, and individuals in preparing plans for park, recreation and natural area acquisition and development, acquisition of multiple use areas including protection of watersheds, management, and replacement of trees, woodlots, and timber tracts under an agreement that a party obtaining the assistance, pay at least the field expenses of the men employed in preparing the plans.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-210.1 - Electronic Asset Management System for Infrastructure -- Replacement of Infrastructure With Sustainable Technology -- Actions by Department

(a)    The Department shall coordinate with the Department of General Services to:
(1)    Develop an electronic asset management system for its infrastructure, including:
(i)    A list of maintenance projects at each site;
(ii)    The status of each maintenance project;
(iii)    The date on which each project was added to the system; and
(iv)    Features that allow the Department to manage the planning, scheduling, work order, and cost of each maintenance project;
(2)    Develop a facility condition index assessment process for all Park Service sites, modeled after the National Park Service’s facility condition index; and
(3)    Establish a dedicated asset evaluation team to:
(i)    Assess the condition of Maryland Park Service structures, infrastructure, and landscapes;
(ii)    Update individual facility condition indices on an ongoing basis; and
(iii)    Cross–reference the condition of Park Service sites and facility condition indices with the distribution of Park Service assets within environmental justice communities as identified by the Department using the Maryland Environmental Justice Screen Tool.
(b)    When determining whether to repair or replace infrastructure with sustainable technology, the Department shall consider how the replacement value of an asset will change if only sustainable technology is used, including any ongoing cost savings.
(c)    (1)    The Department shall:
(i)    Take inventory of all State land managed by the Department, including:
1.    Acreage;
2.    Any structures on each property;
3.    The use of each property; and
4.    Whether a property is located within an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool;
(ii)    Develop a maintenance project prioritization process modeled after the National Park Service’s asset priority index that includes a layer indicating whether a maintenance project is located in an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool; and
(iii)    Develop and publish on its website a list of maintenance projects in every unit of the State park system that are expected to cost more than $25,000.
(2)    (i)    The Department shall conduct a systemwide survey of historical and cultural resources with a focus on racial and linguistic inclusivity, including an estimation of restoration, preservation, and maintenance costs.
(ii)    The Department may not delay the preservation and restoration of historical and cultural resources while conducting the systemwide survey.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-213 - Disposition of Lost or Abandoned Property Within State Forests, Parks, Etc

An item lost or abandoned within a State forest, park, or wildlife management area and unclaimed for one year becomes the property of the State, and the Secretary may dispose of the item in the best interest of the State.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-214 - Forest Resources

(a)    The Department shall develop a system for long-range renewable forest resources planning. The public and private forest land resources of Maryland, including, but not limited to, wood fiber, forest recreation, wildlife, fish, forest watershed, and wilderness potential, shall be examined and inventoried periodically. As part of the forest resource planning process, the Department periodically shall develop, review and revise a resource plan that should help to provide for a sustained yield of forest resource benefits for the citizens of Maryland. The forest resource plan shall be made available for public and legislative review and comment.
(b)    To ensure the availability and compatibility of planning data, scientific information and funding, the Department shall cooperate with the U.S. Department of Agriculture in forest resource planning efforts as provided for in the Forest and Rangelands Renewable Resources Planning Act of 1974 and the Cooperative Forestry Assistance Act of 1978.
(c)    The Department may accept federal funds and may provide cost share funds to cooperative governments.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-215 - Deep Creek Lake Recreation Maintenance and Management Fund

(a)    In this section, “Fund” means the Deep Creek Lake Recreation Maintenance and Management Fund.
(b)    There is a Deep Creek Lake Recreation Maintenance and Management Fund in the Department for the maintenance and management of the land, recreational facilities, and services that are related to Deep Creek Lake in Garrett County.
(c)    (1)    Except as provided in paragraphs (2) and (4) of this subsection, the Department shall pay all fees collected for boat launching at Deep Creek Lake State Park, all funds collected from lake and buffer use permits, contracts, grants, and gifts as a result of the Deep Creek Lake management program, and any investment earnings of the Fund, into the Fund.
(2)    At the end of each quarter of the fiscal year, the Department shall pay 25% of the total revenue collected during the quarter under paragraph (1) of this subsection to the Board of County Commissioners of Garrett County.
(3)    (i)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii)    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.
(4)    Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(d)    Unless there is an agreement between the Secretary and the Deep Creek Lake Policy and Review Board as to a proposed change, the fee for issuance and processing of any permit covered under subsection (c) of this section may not be changed.
(e)    (1)    Before the Department and the Deep Creek Lake Policy and Review Board may change any fee for the issuance and processing of any permit covered under subsection (c) of this section, the Secretary shall hold a public hearing in Garrett County.
(2)    Notice of the public hearing shall be published in two newspapers of general circulation in Garrett County at least 30 days before the hearing.
(3)    The notice shall include the proposed change in the fee and the reason for the fee.
(f)    (1)    A person may apply to the Department for a lake and buffer use permit.
(2)    A person who is aggrieved by a decision of the Department to issue or deny a lake and buffer use permit may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-215.1 - Deep Creek Lake Recreation and Land Use Plan

(a)    The General Assembly declares that:
(1)    Deep Creek Lake and the land under and around it possess unique and valuable scenic, ecologic, historic, recreational, fish, wildlife, and other natural resource values; and
(2)    A Deep Creek Lake recreation and land use plan will:
(i)    Protect the resources and natural value of the lake and surrounding land;
(ii)    Provide for the ongoing recreation, use, and enjoyment of these resources; and
(iii)    Fulfill vital conservation purposes by wise, sustainable use of these resources.
(b)    (1)    The Secretary and the Deep Creek Lake Policy and Review Board shall prepare a plan that provides for the wise use, protection, and management of the natural and recreational resources of Deep Creek Lake.
(2)    The plan shall:
(i)    Evaluate the lake, shoreline, and buffer area as a recreational, water, natural, and scenic resource, considering land use, carrying capacity, zoning, visitor access, recreation areas, commercial and private use, and related activities; and
(ii)    Reflect activities such as fishing, boating, docking, hiking, water sports, scenic appreciation, natural interpretation, and other programs which provide the public with opportunities to appreciate and enjoy the value of the lake and buffer area.
(c)    The Department may consult with the Department of the Environment and the Department of Commerce:
(1)    In preparing the Deep Creek Lake recreation and land use plan; and
(2)    On any other matter relating to Deep Creek Lake.
(d)    (1)    Subject to paragraph (2) of this subsection, the Secretary may adopt regulations relating to Deep Creek Lake that are  necessary to:
(i)    Protect the public health and safety, natural resources, and the environment; or
(ii)    Implement the Deep Creek Lake recreation and land use plan.
(2)    Before the Secretary proposes or adopts a regulation, the Secretary shall submit a draft of the regulation to the Deep Creek Lake Policy and Review Board for its review and consent if the regulation relates to:
(i)    The content or the adoption and implementation of a Deep Creek Lake recreation and land use plan, as described under subsections (a) and (b) of this section; or
(ii)    Any fee proposed under § 5–215 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 5 - Forests and Parks › Subtitle 2 - Organization and Authority of Department Pertaining to Forests and Parks -- in General › Section 5-217 - Disposal of Raw Sludge Sewage on Certain State Land

A person may not dispose of raw sludge sewage on State park land or State forest land, unless the disposal is part of a program designed and operated by the Department of Natural Resources or the Department of the Environment.