reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 4 - Watershed Work Plan › Section 25-405 - Supplemental Work Plan

(a)    (1)    If, after the review and approval of the watershed work plan under § 25–404 of this subtitle, the board of directors determines that it is in the interest of the watershed association to modify the purpose, scope, or location of the watershed project covered in the watershed work plan in a manner that would change the benefits or damages to landowners, the board of directors shall develop a supplemental watershed work plan.
(2)    The supplemental watershed work plan shall:
(i)    be developed as provided in § 25–401 of this subtitle; and
(ii)    include the modified watershed project.
(b)    The board of directors and the county commissioners, county council, or Mayor and City Council of Baltimore City shall follow the procedures set forth in §§ 25–402 through 25–404 of this subtitle in implementing the supplemental watershed work plan.
(c)    A watershed viewers’ report required under § 25–505 of this title based on a supplemental work plan developed and submitted under this subtitle that is approved by the county commissioners, county council, or Mayor and City Council of Baltimore City shall supersede any prior watershed viewers’ report.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-501 - Appointment

(a)    (1)    On approval of a watershed work plan submitted in accordance with § 25–404 of this title, the county commissioners, county council, or Mayor and City Council of Baltimore City shall appoint a board of viewers composed of at least three impartial individuals.
(2)    A member of the board of viewers may not be a landowner.
(b)    If a watershed project described in a watershed work plan is located in more than one county, at least one member of the board of viewers shall be from each county in which the watershed project is located.
(c)    An individual who is appointed as a member of a board of viewers may not act in that capacity until the individual provides written notice of acceptance of the appointment to the county commissioners, county council, or Mayor and City Council of Baltimore City.
(d)    The county commissioners, county council, or Mayor and City Council of Baltimore City shall set the compensation for the members of a board of viewers.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-502 - Duties

(a)    On receipt of a copy of a watershed work plan from the county commissioners, county council, or Mayor and City Council of Baltimore City, a board of viewers:
(1)    (i)    shall engage the services of private engineers; or
(ii)    may use the services of planners and engineers of local, State, and federal units of government;
(2)    enter and view, with the individuals described in item (1) of this subsection, the land described in the watershed work plan and the proposed watershed project as laid out on the ground; and
(3)    make careful and thorough examination of the area to determine the benefits and damages that would result from the proposed watershed project to the land in the area affected by the watershed association.
(b)    A board of viewers shall consider as damages, without regard to any benefit that would result from the proposed watershed project:
(1)    the value of land taken for construction of the proposed watershed project;
(2)    inconvenience imposed by the construction of the proposed watershed project; and
(3)    other lawfully compensable damages.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-503 - Costs

(a)    A board of viewers:
(1)    shall determine the amount sufficient to pay:
(i)    the cost of a proposed watershed project;
(ii)    any damages awarded;
(iii)    any compensation for an existing watershed project that the board of viewers adopts in accordance with § 25–504 of this subtitle;
(iv)    the expenses of the board of viewers; and
(v)    the costs of establishing the watershed association;
(2)    shall subtract from the amount determined under item (1) of this subsection any amounts in money or service received from the county or any other source;
(3)    shall assess each tract of land in the area affected by the watershed association a proportion of the amount described in item (2) of this subsection, based on the benefits that would accrue to the tract of land from the watershed project; and
(4)    may not assess a tract of land for an amount that is more than the benefits that would accrue to the tract of land from the watershed project.
(b)    Notwithstanding any other law, the county commissioners, county council, or Mayor and City Council of Baltimore City may:
(1)    contribute in money, services, equipment, or materials toward the costs of any watershed project authorized under this title from general funds of the county; or
(2)    allocate toward the costs of any watershed project any other money that is available for the watershed project.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-504 - Existing Watershed Projects

(a)    A board of viewers may adopt an existing watershed project, as a whole watershed project or as a part of a watershed project, under this title.
(b)    If an existing watershed project is adopted by the board of viewers, the board of viewers shall pay fair compensation to each landowner for the value of work already done on the watershed project.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-505 - Report to County

(a)    At the earliest practicable date, the board of viewers shall submit three copies of a written report to the county commissioners, county council, or Mayor and City Council of Baltimore City.
(b)    The report shall state:
(1)    the name of each person entitled to damages and the amount of the damages;
(2)    the name of each person entitled to compensation for a watershed project adopted under § 25–504 of this subtitle and the amount of the compensation;
(3)    the amount determined under § 25–503(a)(1) of this subtitle; and
(4)    the amount for which each benefited tract of land shall be assessed as its share of the total cost of the watershed project and its proportion of the whole.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-506 - Examination of Report; Hearing; Notice; Report Open to Inspection

(a)    (1)    The county commissioners, county council, or Mayor and City Council of Baltimore City shall examine a report submitted by a board of viewers under § 25–505 of this subtitle at the first meeting after receiving the report.
(2)    If the county commissioners, county council, or Mayor and City Council of Baltimore City find that the report is not in proper form or not in compliance with the law, the report shall be returned to the board of viewers to be corrected and resubmitted.
(3)    If the county commissioners, county council, or Mayor and City Council of Baltimore City find that the report is in proper form and in compliance with the law, the county commissioners, county council, or Mayor and City Council of Baltimore City shall set a date for a public hearing on the report.
(b)    (1)    At least 30 days before a hearing under this section, the county commissioners, county council, or Mayor and City Council of Baltimore City shall:
(i)    publish notice of the time and place of the hearing in a newspaper of general circulation in each county in which the land to be affected by the watershed association is located;
(ii)    mail a notice to each person named in the report; and
(iii)    if a landowner or an owner of other property named in the report resides outside the State, serve written notice of the hearing on the tenant or agent of the landowner or owner of the other property.
(2)    Notice of the hearing shall state that a copy of the report is available for inspection in an office of the designated officer.
(c)    A copy of the board of viewers report shall be available for inspection in the office of the designated officer.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-507 - Hearing Procedure

(a)    At a hearing under § 25–506 of this subtitle:
(1)    the board of viewers and engineers shall be present; and
(2)    any person may appear in person or by counsel and object to any part of the report.
(b)    The county commissioners, county council, or Mayor and City Council of Baltimore City shall consider carefully each objection presented, taking into account the apportionment of costs and benefits.
(c)    If a well founded objection can be resolved at the hearing by changing the report, the board of viewers shall make the changes necessary to treat each concerned person equitably.
(d)    To help make a decision, the county commissioners, county council, or Mayor and City Council of Baltimore City may poll the landowners present who are named in the report of the board of viewers, considering the apportionment of benefits and damages.
(e)    The county commissioners, county council, or Mayor and City Council of Baltimore City may:
(1)    disapprove the report;
(2)    return the report to the board of viewers for amendment or reconsideration in view of an objection presented; or
(3)    approve the report as submitted or as amended.
(f)    On approval of the report by the county commissioners, county council, or Mayor and City Council of Baltimore City, the board of directors may install, operate, and maintain the watershed project described in the watershed work plan.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-508 - Payment of Expenses if Report Disapproved

(a)    If a report is disapproved, the county commissioners, county council, or Mayor and City Council of Baltimore City shall pay the expenses properly incurred in making the survey and report and in publishing notices.
(b)    To reimburse the county for the expenses described in subsection (a) of this section, the county commissioners, county council, or Mayor and City Council of Baltimore City may impose a special assessment in equal amounts on the property of the landowners who signed the petition filed under Subtitle 2 of this title.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-510 - Amendment of Petition or Related Proceedings

(a)    The county commissioners, county council, or Mayor and City Council of Baltimore City or circuit court for the county in which the proceedings are pending may, on application of any party and at any time before a final decision is made, grant leave to a party to amend the petition or any part of the proceedings that may be defective or informal so as to bring the merits of the case before the county commissioners, county council, or Mayor and City Council of Baltimore City for a decision or a jury of the circuit court for trial.
(b)    The county commissioners, county council, or Mayor and City Council of Baltimore City or the circuit court may award costs.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-511 - Application for Order of Review

(a)    A person who may be adversely affected by any watershed project connected with the proposed watershed association may apply for an order of review to the county commissioners, county council, or Mayor and City Council of Baltimore City at any time before the approval of the report.
(b)    The county commissioners, county council, or Mayor and City Council of Baltimore City may grant an order of review and appoint another board of viewers to redo the work done by the original board of viewers.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 5 - Board of Viewers › Section 25-512 - Judicial Review

(a)    A person who is aggrieved by a determination of the county commissioners, county council, or Mayor and City Council of Baltimore City, or by any proceedings under this title relating to a watershed project, may appeal to the circuit court of the county in which the determination was made or proceedings were conducted.
(b)    Either party may elect a trial by jury.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 6 - Rights-of-Way, Easements, and Condemnation › Section 25-601 - Rights-of-Way and Easements Generally

(a)    A watershed association may acquire any right–of–way, easement, or other property right necessary to construct and maintain the watershed project for:
(1)    watershed protection;
(2)    flood prevention;
(3)    recreation;
(4)    soil conservation;
(5)    drainage; and
(6)    the conservation, development, storage, use, and disposal of water for any beneficial purpose.
(b)    (1)    A watershed association shall submit to the clerk of the circuit court in the appropriate county a book, to be known as the “easement record”, that contains each easement for maintenance or right–of–way, according to the original design specifications or for not less than 20 feet, that the watershed association has in the county.
(2)    A watershed association shall keep the easement record current.
(3)    The clerk of a circuit court shall make an easement record available for inspection by the public.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 6 - Rights-of-Way, Easements, and Condemnation › Section 25-602 - Rights-of-Way and Easements for Channel Improvements and Disposition of Excavated Material Generally

For a watershed project that consists of stream channel improvement or drainage, the board of directors shall acquire any right–of–way or easement necessary to construct and maintain the channel improvements to dispose of excavated material according to standards of good engineering practice.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 6 - Rights-of-Way, Easements, and Condemnation › Section 25-603 - Rights-of-Way and Easements for Drainage Improvements and Disposition of Excavated Material in Charles County

For a watershed project that consists of stream channel improvement or drainage, the board of directors of a watershed association in Charles County shall acquire any right–of–way or easement necessary to construct and maintain the drainage improvements and to dispose of excavated material according to standards of good drainage practice, regardless of the date that the watershed association was formed.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 6 - Rights-of-Way, Easements, and Condemnation › Section 25-604 - Condemnation Proceedings

(a)    If a landowner refuses to accept the damages awarded to the landowner by the board of viewers and approved by the county commissioners, county council, or Mayor and City Council of Baltimore City and refuses the necessary access to the landowner’s land, the board of directors may begin condemnation proceedings under Title 12 of the Real Property Article to acquire a right–of–way, easement, or other property right.
(b)    This title does not authorize the use of condemnation proceedings to acquire the right to use water separate and apart from the land to which the water is incident.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 7 - Implementation of Plan › Section 25-701 - Powers and Duties of Directors

(a)    The board of directors shall implement the watershed project.
(b)    The board of directors may:
(1)    hire employees;
(2)    buy, hire, or rent machines, and buy explosives and other materials;
(3)    award contracts;
(4)    enter into an agreement with county, State, or federal units of government;
(5)    acquire and hold water rights;
(6)    plan and carry out watershed projects for storage, use, and distribution of water;
(7)    charge for the use of water in the watershed, using the proceeds from the sale of the water to pay for water rights or to construct, maintain, repair, improve, and operate the watershed project; and
(8)    do other acts as necessary, including borrowing money, in the name of the board of directors, if the borrowing is approved by the county commissioners, county council, or Mayor and City Council of Baltimore City.
(c)    The board of directors shall:
(1)    keep a regular account of its income and expenses; and
(2)    report its income and expenses at the annual meetings of the watershed association and other meetings of the landowners.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 7 - Implementation of Plan › Section 25-702 - Maintenance and Operation of Watershed Projects

(a)    The board of directors shall control and supervise each watershed project under this title for:
(1)    watershed protection;
(2)    flood prevention;
(3)    recreation;
(4)    soil conservation;
(5)    drainage; or
(6)    the conservation, development, storage, use, and disposal of water for any beneficial purpose.
(b)    The board of directors shall keep each watershed project in good repair.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-801 - Imposition of Special Assessments on Benefited Lands

(a)    A special assessment imposed under this title shall be imposed on the land benefited by a watershed project.
(b)    If a tract of land subject to a special assessment under this title is divided, the board of directors shall determine the ratio in which any later special assessment is to be imposed on each subdivided tract of land based on the proportion of the benefit to each tract.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-802 - Payments by Units of Government

Notwithstanding any other provision of law, a unit of State or local government that is a landowner shall pay a fee or special assessment imposed under this title if the fee or special assessment is imposed on all land that is similarly benefited or damaged by the proposed watershed project in an area affected by a watershed association.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-803 - Implementation of Plan

(a)    The board of directors shall determine the amount to be raised to implement an approved watershed project.
(b)    The board of directors shall prepare an assessment list that shows the amount due from each landowner subject to the special assessment.
(c)    The special assessments imposed on each tract of land shall be proportional to the total assessments.
(d)    The assessment list required under subsection (b) of this section shall be:
(1)    signed by the board of directors; and
(2)    sent to the designated officer.
(e)    (1)    The designated officer shall certify the conformance of the assessment list with this section.
(2)    After receiving the certification of the assessment list, the county commissioners, county council, or Mayor and City Council of Baltimore City shall certify the assessment list to the county tax collector.
(f)    (1)    The county tax collector shall include the special assessments imposed under this section in the next bills for county taxes.
(2)    The special assessments are:
(i)    due and collectible at the same time and in the same manner as county taxes; and
(ii)    subject to the same interest and penalties for late payment and nonpayment as county taxes.
(g)    If the special assessments collected under this section are insufficient to complete the watershed project, a supplemental special assessment shall be imposed in the same manner.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-805 - Annual and Special Assessment for Maintenance and Operation

(a)    (1)    The board of directors shall impose an annual special assessment on the benefited land to provide a fund to maintain, repair, and operate a watershed project constructed under this title.
(2)    The amount of the annual special assessment shall be equal to the estimated cost to operate and maintain the watershed project as determined by an annual inspection to be made at a time set by the board of directors, less any amount that may be received from any other source.
(b)    If the funds received under subsection (a) of this section are inadequate to provide for the necessary maintenance, repair, or operation, a supplemental assessment may be imposed on the benefited land.
(c)    The assessments under this section shall be imposed and disbursed in the same manner as provided for the special assessments under § 25–803 of this subtitle.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-806 - Duties of County Tax Collector

(a)    The special assessments imposed under this subtitle shall remain in the county treasury until disbursed by the county tax collector on orders signed by the board of directors.
(b)    For each watershed association in the county, the county tax collector shall keep a separate record that shows all income and expenses.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-807 - Collection of Special Assessments if Land in Multiple Counties

(a)    If the land affected by the watershed association that is subject to assessment is located in two or more counties, the board of directors shall prepare a separate assessment list for each county.
(b)    The board of directors shall send the assessment lists for each county to the designated officer for the county in which the watershed association was organized.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the procedure for imposing special assessments under this section shall be as provided for in § 25–803 of this subtitle.
(2)    The county commissioners, county council, or Mayor and City Council of Baltimore City in which the watershed association was organized shall certify the assessment lists for the other counties to the appropriate governing body.
(3)    The county commissioners, county council, or Mayor and City Council of Baltimore City shall then certify the assessment lists to the respective county tax collectors for action as provided for in § 25–803 of this subtitle.
(d)    All money collected in the several counties as provided under this section shall be paid over to the county tax collector of the county in which the watershed association was organized and credited to the watershed association.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-808 - Order of Payments to Be Made by Board of Directors

(a)    From the money that first becomes available under this title to the board of directors, the board of directors shall pay:
(1)    the compensation and expenses of the board of viewers and the engineers;
(2)    any damages awarded;
(3)    any compensation awarded for existing watershed projects; and
(4)    the expenses incident to the organization of the watershed association.
(b)    (1)    On request by the board of directors, the county commissioners, county council, or Mayor and City Council of Baltimore City may advance funds to pay the costs in subsection (a) of this section.
(2)    An advance under paragraph (1) of this subsection shall be repaid from the money first received from special assessments imposed on the landowners for the watershed project.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 8 - Financing › Section 25-809 - Appropriations by Governmental Entities

(a)    This section applies to the following governmental entities:
(1)    a county;
(2)    a drainage district;
(3)    a municipality;
(4)    a public drainage association; or
(5)    a soil conservation district.
(b)    A governmental entity that may reasonably be expected to receive a benefit from the construction, improvement, operation, or maintenance of any watershed project under this subtitle may spend money to construct, improve, operate, or maintain the watershed project, even if the watershed project is not located in the area served by the governmental entity or in the State.
(c)    (1)    If the payment under subsection (b) of this section is not made directly by the governmental entity for a watershed project, the payment shall be made only through a soil conservation district or a watershed association organized under the laws of the State.
(2)    It is not necessary that any part of the area served by the governmental entity be located in the soil conservation district or watershed association through which the payment is made.
(3)    A governmental entity may provide in its budget money for watershed projects.
(4)    A municipality or county may impose taxes for watershed projects in the manner provided by law.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 9 - Dissolution › Section 25-901 - Dissolution Procedure Generally

(a)    (1)    A majority of the landowners or the owners of a majority of the land affected by a watershed association may submit a petition to dissolve the watershed association to the county commissioners, county council, or Mayor and City Council of Baltimore City in which the watershed association was organized.
(2)    A complete list of the creditors of the watershed association certified under oath by the board of directors shall accompany the petition.
(b)    On receipt of a petition under subsection (a) of this section, the county commissioners, county council, or Mayor and City Council of Baltimore City shall:
(1)    set a date for a public hearing on the petition; and
(2)    give notice of the time, place, and purpose of the hearing at least 30 days before the hearing by:
(i)    notice mailed to each creditor of the watershed association and each landowner; and
(ii)    publication in a newspaper of general circulation in each county affected by the watershed association.
(c)    (1)    The county commissioners, county council, or Mayor and City Council of Baltimore City may deny or approve a petition for dissolution after a public hearing under this section.
(2)    On approval of a petition for dissolution, the county commissioners, county council, or Mayor and City Council of Baltimore City shall give notice of the dissolution in the same manner as required under subsection (b) of this section.
(d)    After payment of all debts, any balance in the county treasury to the credit of the dissolved watershed association shall be distributed to the landowners in proportion to the original assessments.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 9 - Dissolution › Section 25-902 - Inactive Association in Washington County

(a)    Notwithstanding § 25–901 of this subtitle, on a written petition for dissolution by any member of the most recently elected or appointed board of directors of a watershed association in Washington County considered inactive as provided in subsection (b) of this section, the County Commissioners of Washington County promptly shall:
(1)    consider all available information to determine the current operating status and foreseeable operating potential of the watershed association; and
(2)    approve or deny the petition for dissolution.
(b)    For the purpose of this section, a watershed association in Washington County is considered inactive if for at least 5 years the watershed association has not complied substantially with a majority of the ordinary operating procedures required under this title, including:
(1)    the maintenance of ongoing and current information in the watershed file at the office of the clerk of the county;
(2)    election of a board of directors and officers of the board;
(3)    an annual meeting of landowners in the area affected by the watershed association;
(4)    the submission of an annual report by the board of directors to the clerk of the county;
(5)    the development, approval, filing, execution, or maintenance of a work plan applicable to property owned by the watershed association; and
(6)    the submission and regular updating of the watershed association’s easement record in the office of the clerk of the circuit court in the applicable county.
(c)    (1)    This subsection applies only after the County Commissioners of Washington County approve a petition for dissolution under this section.
(2)    If any balance remains in the county treasury to the credit of the dissolved watershed association, the county commissioners shall:
(i)    satisfy all outstanding debts of the watershed association; and
(ii)    retain any remaining balance.
(3)    The county commissioners shall provide for the transfer of any interest in real property held by the watershed association to the county in which the property is located.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 10 - Miscellaneous › Section 25-1001 - Right to Open Cross Ditches or Drains

(a)    A person who is assessed for a ditch or drain that does not pass through or under the person’s land may open a ditch or install drain tile through the intervening land to connect to the main ditch and keep the ditch or drain tile open at the person’s expense and control.
(b)    A person may not open a ditch or install drain tile under this section through the land of another person without the consent of the owner of the land.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 10 - Miscellaneous › Section 25-1002 - Requirements When Improvement Crosses Public Highway

(a)    If a watershed project established under this title crosses a public highway at the intersection of the highway with a natural watercourse or depression through which water flows during periods of high water, the county in which the bridge is located or the governmental unit required by law to maintain the highway that is intersected shall:
(1)    pay the cost of an existing bridge, repairing or enlarging an existing bridge and culvert, or constructing a new bridge or culvert; and
(2)    maintain the bridge or culvert described in item (1) of this subsection.
(b)    If a watershed project established under this title crosses a public highway at a point where the highway does not intersect a natural watercourse or depression:
(1)    the watershed association shall pay the cost of constructing a new bridge or culvert; and
(2)    after construction, the county or other governmental unit required by law to maintain the highway that is intersected shall maintain the bridge and any culvert constructed.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 10 - Miscellaneous › Section 25-1003 - Requirements When Channel Crosses Railroad Right-of-Way

(a)    If a channel established under this title crosses a railroad right–of–way at the intersection of the right–of–way with a natural watercourse or depression through which water flows at periods of high water, the railroad company shall:
(1)    construct, build, and maintain any necessary new bridge or culvert; or
(2)    enlarge, strengthen, reconstruct, or replace any existing bridge or culvert.
(b)    The expense to build a railroad under subsection (a) of this section shall be:
(1)    considered an element of damage to the railroad company by the board of viewers; and
(2)    shown as a damage in the report of the board of viewers.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 11 - Prohibited Acts › Section 25-1101 - Preventing Entry on Watershed Land

(a)    A person may not prevent a member of the board of directors or an employee or agent of the board of directors from entering land as authorized under § 25–401(c) of this title.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 25 - Public Watershed Associations › Subtitle 11 - Prohibited Acts › Section 25-1102 - Obstruction of Watershed Project

(a)    (1)    Except as provided in paragraph (2) of this subsection, a person may not obstruct a watershed project constructed under this title in a manner that impedes the free flow of water.
(2)    A person may place a properly constructed swinging water gate across a ditch on a fence line to prevent livestock from trespassing through the ditch.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20 for each offense.
(c)    Each fine collected under this section shall be paid to the county tax collector and credited to the watershed association that suffered the damage.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 1 - Definitions; General Provisions › Section 26-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board of managers” means the board of managers of a drainage association.
(c)    “Board of viewers” means the board of drainage viewers established under this title.
(d)    “Designated officer” means:
(1)    the clerk of the county commissioners for a code county or commission county if there is a clerk for the county; or
(2)    an employee or official of the county who is designated by the county commissioner or county council to perform the responsibilities of the designated officer under this title.
(e)    “Drainage association” means a public drainage association established under this title.
(f)    “Landowner” means a person who owns, or has contracted to purchase, land that is to be affected by a drainage project being considered by a drainage association or proposed drainage association.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 1 - Definitions; General Provisions › Section 26-103 - Construction of Title

This title does not:
(1)    restrict a charter county or code county from exercising a power granted under § 10–321 of this article; or
(2)    authorize:
(i)    the removal of a milldam;
(ii)    the interference with legal water rights of a mill; or
(iii)    the diversion of water in a manner that deprives an owner of land over which water flows of the benefits and water rights to which the owner of the land is legally entitled.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 1 - Definitions; General Provisions › Section 26-104 - Power to Establish

(a)    The county commissioners or county council of a county may establish a drainage association.
(b)    A drainage association may:
(1)    locate and establish a ditch, drain, or canal; and
(2)    establish and maintain a watershed drainage system by constructing, straightening, widening, or deepening any ditch, drain, or watercourse.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 1 - Definitions; General Provisions › Section 26-106 - Notice to Units of State Government

The county commissioners or county council shall notify the Secretary of Agriculture and the State Soil Conservation Committee in the Department of Agriculture of the establishment of a drainage association so that coordination and assistance may be provided in accordance with § 8–602 of the Agriculture Article.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 1 - Definitions; General Provisions › Section 26-107 - Notice to Affected Nonresident

If any owner of property affected by any proceedings under this title resides out of State, a written notice of the proceedings of the county commissioner or county council served on the tenant or agent of the owner at least 30 days before the proceedings shall be as good and sufficient as if the owner resided in the State.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 2 - Petition to Establish Drainage Association › Section 26-202 - Petition

(a)    The petition shall:
(1)    clearly describe the area’s location, boundaries, and need of drainage for optimal crop production;
(2)    describe how draining or ditching the area or changing the natural watercourse benefits the public or promotes the public health, safety, or welfare; and
(3)    request the establishment of a drainage association for the purposes listed in item (2) of this subsection.
(b)    A petition is valid only if signed by at least one–third of the landowners or the owners of at least one–third of the land in a watershed.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 2 - Petition to Establish Drainage Association › Section 26-203 - Report Required

(a)    (1)    The petition shall be accompanied by a report from the local soil conservation districts serving the area of the proposed drainage association.
(2)    The report shall state:
(i)    the size and location of the area of the proposed drainage association;
(ii)    the nature of the problem to be addressed;
(iii)    the type of treatment believed to be needed and the benefits anticipated;
(iv)    whether the proposed drainage association is feasible and is generally supported by the landowners in the area;
(v)    whether the proposed drainage association will benefit the public and promote the public health, safety, and welfare;
(vi)    the name of the proposed drainage association, in the form of the “________ Public Drainage Association”; and
(vii)    the number of managers, equaling not less than three, to serve as the board of managers.
(b)    The local soil conservation districts shall file with the report maps that show:
(1)    a general delineation of the area of the proposed drainage association; and
(2)    the area’s location in each county in which it lies.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 2 - Petition to Establish Drainage Association › Section 26-204 - Examination of Petition and Report; Hearing; Notice

(a)    (1)    The county commissioners or county council shall examine the petition and report at the first meeting after receiving the petition and report.
(2)    If the county commissioners or county council find the petition and report are not in proper form or not in compliance with the law, the petition and report shall be returned to the petitioners to be corrected and resubmitted.
(3)    If the petition and report are in proper form and in compliance with the law, the county commissioners or county council shall set a date for a public hearing on the petition and report.
(b)    (1)    At least 10 days before the hearing, the county commissioners or county council shall:
(i)    publish notice of the time and place of the hearing in a newspaper of general circulation in each county in the area in which the proposed drainage association would be located; and
(ii)    send notice of the hearing and any later hearing to the:
1.    Department of Agriculture; and
2.    State Soil Conservation Committee in the Department of Agriculture.
(2)    The notice of the hearing shall state that a copy of the report is available for inspection in the office of the designated officer.
(c)    A copy of the report shall be available for inspection in the office of the designated officer.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 2 - Petition to Establish Drainage Association › Section 26-205 - Multiple Counties -- Jurisdiction and Venue

If the land described in the petition is located in two or more counties, the county commissioners or county council of an affected county may exercise the jurisdiction conferred in this title, but the venue shall lie in the county in which the petition is filed.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 2 - Petition to Establish Drainage Association › Section 26-206 - Hearing and Action on Petition and Report

(a)    At the hearing on the petition and report, the petitioners, any affected local soil conservation district, and any other person may appear in person or by counsel and object to any part of the report.
(b)    The county commissioners or county council may:
(1)    disapprove the petition and report and return them to the petitioners for amendment in view of the objections presented; or
(2)    approve the petition and report as submitted or amended.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 3 - Establishment and Organization › Section 26-301 - Establishment of Drainage Association

(a)    On approval of the petition and report filed under Subtitle 2 of this title, the county commissioners or county council shall:
(1)    establish a drainage association that is composed of the landowners; and
(2)    name the organization the “_______ Public Drainage Association”.
(b)    A drainage association created under this title is a political subdivision of the State and a body politic and corporate.
(c)    A drainage association may:
(1)    acquire, hold, and convey property;
(2)    sue and be sued;
(3)    adopt a seal; and
(4)    exercise corporate powers.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 3 - Establishment and Organization › Section 26-302 - Board of Managers -- Initial Election

(a)    Within 30 days after the approval of the petition and report, the county commissioners or county council shall call a meeting of the landowners to elect a board of managers.
(b)    (1)    At least 10 days before the meeting, the county commissioners or county council shall post a notice of the meeting at four public places in the area or vicinity of the area of the drainage association.
(2)    The notice shall state the time, place, and purpose of the meeting.
(c)    (1)    Each landowner is entitled to vote in the election of the board of managers until the board of viewers report is approved by the county commissioners or county council.
(2)    When the report of the board of viewers is approved, each landowner is entitled to vote according to the special assessment on the landowner shown in the report as follows:
(i)    for any special assessment not exceeding $15, one vote;
(ii)    for any special assessment more than $15 and not exceeding $35, two votes;
(iii)    for any special assessment more than $35 and not exceeding $60, three votes;
(iv)    for any special assessment more than $60 and not exceeding $100, four votes;
(v)    for any special assessment more than $100, one additional vote for each $50 in excess of $100, plus one additional vote for any remaining part less than $50.
(3)    Any landowner may vote by written proxy signed by the landowner.
(d)    A quorum consists of the number of landowners who are entitled to cast a majority of all the votes as provided in subsection (c) of this section.
(e)    On proof that notice has been given as required in subsection (b) of this section, if a quorum is not obtained, the county commissioners or county council shall appoint the managers.
(f)    The board of managers elected under subsection (a) of this section shall determine by a random drawing the managers who:
(1)    serve until the date of the first regular annual meeting;
(2)    serve until the date of the first regular annual meeting and for 1 year thereafter; or
(3)    serve until the date of the first regular annual meeting and for 2 years thereafter.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 3 - Establishment and Organization › Section 26-303 - Board of Managers -- Tenure; Vacancies

(a)    (1)    The term of each manager is 3 years.
(2)    Each manager shall serve until a successor is elected or appointed.
(b)    (1)    Each year, the landowners shall meet to elect a successor to:
(i)    any manager whose term expired on or before the date of the meeting; and
(ii)    any manager who died or resigned since the last annual meeting.
(2)    A manager who is elected to fill a vacancy caused by death or resignation shall hold the office for the rest of the term.
(c)    (1)    The county commissioners or county council shall appoint an individual to fill a vacancy on the board of managers if:
(i)    the board of managers does not call an annual meeting of landowners; or
(ii)    the board of managers holds an annual meeting of landowners but a quorum is not present.
(2)    The county commissioners or county council may appoint a manager to fill a vacancy on the board of managers until the next annual meeting of landowners.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 3 - Establishment and Organization › Section 26-306 - Distribution and Retention of Petition and Report

The county commissioners or county council shall:
(1)    retain the original petition and report approved under § 26–206(b) of this title; and
(2)    deliver a copy of the approved petition and report to the board of managers and the State Soil Conservation Committee in the Department of Agriculture.
2023 Maryland Statutes › Local Government › Division V - Other Local Entities › Title 26 - Public Drainage Associations › Subtitle 3 - Establishment and Organization › Section 26-307 - Drainage File

(a)    The designated officer shall maintain a drainage file.
(b)    The drainage file shall contain the petitions, motions, orders, reports, and other exhibits necessary for a complete record of the establishment of each drainage association in the county.