reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-821 - Suspension or Revocation of a Permit

(a)    (1)    The Department shall serve written notice of a violation on the permittee or person required to have a permit, specifying the facts constituting the apparent violation if the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under this subtitle, or the terms and conditions of a permit, including the approved mining and reclamation plan has occurred.
(2)    The Department also shall inform the permittee or person required to have a permit of the right to a hearing. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order requiring necessary corrective actions be taken within the time prescribed in its order.
(b)    Any person that receives a notice of suspension or violation or an order under this section may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. The permittee or person required to have a permit may appear at the hearing, either personally or through counsel, and present evidence. The Department shall render a decision regarding the violation within 30 days from the date of the hearing.
(c)    The Department may revoke the permit if the violation is not corrected.
(d)    Any permittee whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until the permittee has complied fully with:
(1)    The provisions of this subtitle;
(2)    Any regulations adopted under this subtitle; and
(3)    The terms and conditions of the permittee’s permit, including any modifications, and the approved mining and reclamation plan, and until the permittee has satisfactorily corrected all previous violations.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-824 - Release of Bond

(a)    On completion of the mining operations, and after the requirements of the permit have been fully complied with, the Department shall release the bond.
(b)    An amount of the bond or cash deposit, proportioned to the restored portion of the affected land in ratio to all of the affected land covered by the permit, may be released on application by the permittee and inspection and approval by the Department.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-825 - Forfeiture of Bond

(a)    The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the permittee to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or upon revocation of the permit. The Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited.
(b)    On the permittee’s showing of cause, the Department shall provide for a reasonable time, for the permittee to restore the land to comply with the permit.
(c)    On failure of the permittee to show cause, the bond or cash deposit shall be forfeited nisi, and notice by the Department shall be given to the permittee and legal owner of the land if different from the permittee and surety of the forfeiture. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days from the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.
(d)    On an absolute forfeiture, the Department shall use the funds made available by the forfeiture to reclaim the affected land as promptly and completely as possible.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-826 - Mining After Forfeiture of Bond

No permittee may conduct surface mining within the State if the permittee previously has forfeited any bond posted pursuant to surface mining activities, unless on application the permittee repays the Department the cost of reclamation if the Department had reclaimed the land, plus interest at the rate set as § 11-107(a) of the Courts and Judicial Proceedings Article provides, for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the permittee shall reclaim the land covered by the forfeited bond at the permittee’s expense, including any additional erosion, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-827 - Annual Mining and Reclamation Reports

(a)    The permittee shall file an operations and progress report with the Department by March 31 of each year, on a form prescribed and furnished by the Department, which shall cover the preceding calendar year and shall:
(1)    Identify the mine, the permittee, and the permit number;
(2)    Identify the location of the operation as to county, district, nearest municipality, and nearest public road;
(3)    Report the type of mineral produced, the volume produced, and the value of production of each for the previous year. Individual company data is confidential and may be released only with the permittee’s written consent;
(4)    State the acreage disturbed by surface mining during the previous year;
(5)    State and describe the amount and type of reclamation carried out during the previous year;
(6)    Estimate the acreage to be newly disturbed by mining in the next year; and
(7)    Provide any additional information or maps which the Department reasonably requires.
(b)    In addition, at the end of each calendar year the permittee shall furnish to the Department a new surveyed map, showing the status of the operation and indicating the area affected and reclaimed during the preceding year, particularly with relation to the property lines and boundaries shown on the map and survey furnished with the original application. A registered professional engineer or professional surveyor is not required to prepare this progress report map. However, if prepared by the permittee, the map shall be of reasonable quality, accuracy, and legibility, and acceptable to the Department.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-828 - Inspection and Approval of Reclamation

(a)    At any reasonable time which the Department elects, but at least once a year, the Department shall cause each permit area to be inspected to determine if the permittee has complied with the mining and reclamation plan, the requirements of this subtitle, any rules and regulations adopted under it, the terms and conditions of the permit, and if the current status of the operation conforms with the most recent annual progress report. Accredited representatives of the Department at any reasonable time may enter on the land subject to the permit to inspect and investigate it but while on the property, Department personnel shall comply with all governmental safety regulations.
(b)    The permittee shall proceed with reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of any deficiencies noted. The permittee shall proceed with mining and reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee of any deficiencies noted. Upon failure by the permittee to correct these deficiencies, the Department may take action to suspend or revoke the permit as provided in § 15-821 of this subtitle.
(c)    If the Department finds that reclamation of the permit area is not proceeding in accordance with the mining and reclamation plan, or if the Department finds that reclamation has not been properly completed in conformance with the mining and reclamation plan within two years or longer if authorized by the Department, after termination of mining on any segment of the permit area, or if the permittee has not complied with corrective requirements following revocation of a permit, it shall initiate forfeiture proceedings against the bond or other security filed by the permittee.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-829 - Abandoned or Halted Operations

(a)    An operation is considered abandoned if no mineral has been produced or overburden removed for a period of one year, and the permittee has vacated the site of the operation covered by the permit without having complied with all the requirements of the mining and reclamation plan, verified by inspection and written report made by the Department. If the permittee, within 30 days after receiving notification from the Department terming the operation abandoned, does not submit sufficient evidence to the Department that the operation in fact is not abandoned and a reasonable timetable satisfactory to the Department regarding plans for the reactivation of the operation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.
(b)    An operation is considered halted if active work has ceased temporarily due to weather conditions, market conditions, or other reasonable cause explained in writing by the permittee to the satisfaction of the Department, and accompanied by a statement that the permittee fully intends to resume active operation when the adverse conditions have passed. All necessary pollution controls shall be properly maintained during this period. No operation may be halted for a period exceeding 24 consecutive months. On failure of the permittee to resume mining or initiate reclamation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-830 - Final Completion Inspection and Report

(a)    On completion of reclamation of an area of affected land, the permittee immediately shall notify the Department. The Department shall make an inspection of the area, and if it finds that the permittee has not completed to the Department’s reasonable satisfaction all the reclamation required by the permit, the Department shall order the permittee to do so at once and shall reinspect the area following completion of the work. If the Department finds that reclamation has been completed properly and if the Department has received the final reclamation report required under subsection (b) of this section, it shall notify the permittee in writing and release the permittee from further obligations regarding the affected land. At the same time it shall release all or the appropriate portion of any performance bond or cash deposit which the permittee has posted under § 15-823 of this subtitle.
(b)    The permittee shall furnish a final reclamation report which includes the following:
(1)    The terms of the original surface mining permit and all subsequent modifications;
(2)    A summary of the original mining and reclamation plan and all subsequent modifications;
(3)    A statement summarizing any departures from the mining and reclamation plan and the reasons for them;
(4)    A statement summarizing any problems encountered during the progress of mining work or reclamation work, and the measures taken to correct these problems;
(5)    The total acreage of land disturbed and reclaimed;
(6)    The status or condition of areas progressively reclaimed since the initiation of mining work in the area; and
(7)    A final map that is consistent with the original mining and reclamation map required by § 15-822(b) of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-831 - Specifications for Construction Projects

Architects, engineers, or other persons preparing specifications for construction projects, which specifications include the requirement that the construction contractor supply fill for the project, shall include within the specifications a specific reference to this subtitle and the rules and regulations pertaining to it adopted by the Department. If this reference is omitted from the specifications and reclamation and planting of the land is required under this subtitle, any contract based on the specifications may be amended, at the option of the construction contractor, to allow a reasonable price for the reclamation and planting of the land in accordance with a plan acceptable to the Department.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-832 - Civil Action and Injunction

(a)    In addition to the State prosecuting a criminal action under any provision of this subtitle, the Attorney General may bring a civil action in the circuit court of the county or city where the mining operation is located against any person who violates any provision of this subtitle or any regulation, permit, notice, or order issued under this subtitle. The circuit court may find the violator liable to the State for a penalty not exceeding $5,000 for each offense. Each day on which the violation occurs constitutes a separate offense.
(b)    On application of the Department, verified by oath or affirmation, the circuit court of the county or city where the mining operation is located, may enforce by injunction compliance with, or restrain the violation of any order, notice, permit, rule, or regulation of the Department made pursuant to the provisions of this subtitle or restrain the violation or attempted violation of any of the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-833 - Inapplicability of Subtitle

This subtitle, including reclamation requirements, does not apply to surface mining operations or mined lands in existence on the effective date, July 1, 1975, nor to their continuance and extension for 18 months from that date, but subsequent operations of existing surface mines may be continued only by permit of the Department under the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-834 - Exemptions

(a)    (1)    The provisions of this subtitle do not apply to activities of the State Highway Administration, any county roads department in the State, any legally constituted public governing entities such as municipal corporations, or to activities of any person acting under contract with any of these public agencies or entities, on highway rights-of-way or borrow pits owned, operated, or maintained solely in connection with the construction, repair, and maintenance of the public roads systems of the State or other public facilities.
(2)    This exemption does not become effective until the public agencies or entities have adopted reclamation standards applying to the activities and the standards are approved by the Department.
(b)    The provisions of this subtitle do not apply to mining on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land.
(c)    Any or all of the provisions of this subtitle do not apply in any county if the Secretary determines that the county laws are as restrictive as the provisions of this subtitle with respect to regulating surface mining, reclamation and revegetation procedures, abandoned areas, and bonding requirements.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 10 - Penalties and Fines › Section 15-1001 - Enumeration

(a)    Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.
(b)    Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.
(c)    In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means Board of Public Works.
(c)    “Department” means the Department of the Environment.
(d)    “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1102 - Legislative Intent; Administration of Abandoned Mine Reclamation Program

It is the intention of the General Assembly to promote the reclamation of mined areas left without adequate reclamation which continue to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger use of land or water resources, or endanger the health or safety of the public. To accomplish these objectives, the Department is hereby authorized to administer an abandoned mine reclamation program consistent with the requirements of the federal Surface Mining Control and Reclamation Act.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1103 - Funds

(a)    Except for funds deposited in the Acid Mine Drainage Abatement and Treatment Fund under subsection (b) of this section, any funds the Department receives pursuant to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 shall be deposited, together with any other funds appropriated for the purposes of this subtitle, in a special fund on the books of the Comptroller of the Treasury in an account known as the “Federal–State Reclamation Fund”. The Department shall use the funds to accomplish the purposes of this subtitle in accordance with the provisions of this subtitle. The provisions of this subtitle shall apply only to the “Federal–State Reclamation Fund”.
(b)    (1)    There is an Acid Mine Drainage Abatement and Treatment Fund in the Department.
(2)    Funds granted to the Department for acid mine drainage abatement and treatment under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be deposited by the Department into the Acid Mine Drainage Abatement and Treatment Fund.
(3)    Funds deposited into the Acid Mine Drainage Abatement and Treatment Fund, together with all interest earned on those funds, shall remain available until expended and may not revert to the General Fund.
(4)    The Department may expend funds deposited into the Acid Mine Drainage Abatement and Treatment Fund and any interest accrued only to abate and treat acid mine drainage in accordance with the provisions of Title IV of the federal Surface Mining Control and Reclamation Act.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1104 - Rules and Regulations; Cooperative Projects

(a)    The Department is authorized to promulgate and enforce any rules and regulations necessary for the administration of this subtitle.
(b)    The Department may enter into cooperative projects with other states or governmental bodies in order to carry out the purposes of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1105 - Development of Reclamation Plan; Federal Approval; Application for and Use of Funds

(a)    The Department is authorized to develop a reclamation plan in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, and to submit such plan to the federal government for approval pursuant to that Act.
(b)    Subsequent to federal approval of the reclamation plan, the Department may apply for and accept any and all funds available for reclamation, and shall administer them in accordance with the provisions of this subtitle. Such funds may be used for all costs related to elimination of the adverse effects of past coal mining practices, including but not limited to, planning and engineering costs, costs of plans, specifications, surveys, investigations and feasibility studies, construction and inspection costs, actual operation and maintenance costs of permanent facilities, and all administrative expenses.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1106 - Priorities in Expenditure of Funds; Lands and Water Eligible for Reclamation Expenditures

(a)    The expenditure of funds available for the purposes of this subtitle shall reflect the following priorities in the order stated:
(1)    The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;
(2)    The protection of public health, safety, and general welfare from adverse effects of coal mining practices;
(3)    The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;
(4)    Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;
(5)    The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and
(6)    The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
(b)    Lands and water eligible for reclamation expenditures under this title are those which were mined for coal, or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and lands and water made eligible through amendments to the federal Surface Mining Control and Reclamation Act of 1977 as amended through October 1, 1994, and for which there is no continuing reclamation responsibility under State or federal law.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 11 - Abandoned Mine Reclamation › Section 15-1109 - Department's Right of Entry

The Department shall have the right to enter upon any property where there is no reasonable expectation of privacy for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 12 - Maryland Dormant Mineral Interests Act › Section 15-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Mineral” includes:
(1)    Gas;
(2)    Oil and oil shale;
(3)    Coal;
(4)    Gaseous, liquid, and solid hydrocarbons;
(5)    Cement materials, sand and gravel, road materials, and building stone;
(6)    Chemical substances;
(7)    Gemstone, metallic, fissionable, and nonfissionable ores; and
(8)    Colloidal and other clay, steam, and geothermal resources.
(c)    “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold, or lien in minerals, regardless of character.
(d)    “Severed mineral interest” means a mineral interest that is severed from the interest in the surface estate overlying the mineral interest.
(e)    “Surface estate” means an interest in the estate overlying a mineral interest.
(f)    (1)    “Surface owner” means any person vested with a whole or undivided fee simple interest or other freehold interest in the surface estate.
(2)    “Surface owner” does not include the owner of a right–of–way, easement, or leasehold on the surface estate.
(g)    (1)    “Unknown or missing owner” means any person vested with a severed mineral interest whose present identity or location cannot be determined:
(i)    From the records of the county where the severed mineral interest is located; or
(ii)    By diligent inquiry in the vicinity of the owner’s last known place of residence.
(2)    “Unknown or missing owner” includes the heirs, successors, or assignees of an unknown or missing owner.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 12 - Maryland Dormant Mineral Interests Act › Section 15-1202 - In General

(a)    (1)    Except as provided in paragraph (2) of this subsection, this subtitle applies to all mineral interests.
(2)    This subtitle does not apply to a mineral interest:
(i)    Held by the United States or a Native American tribe, except to the extent permitted by federal law; or
(ii)    Held by the State or an agency or political subdivision of the State, except to the extent permitted by State law.
(b)    The purpose of this subtitle is to make uniform the law governing dormant mineral interests among the states.
(c)    This subtitle does not limit or affect any other procedure provided by law for clearing an abandoned mineral interest from title to real property.
(d)    This subtitle does not limit or affect water rights.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 12 - Maryland Dormant Mineral Interests Act › Section 15-1204 - Preservation of Mineral Interests -- in General

(a)    (1)    An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest.
(2)    A mineral interest is preserved in the county in which the notice is recorded.
(b)    (1)    The following individuals may record a notice in accordance with subsection (a) of this section:
(i)    An owner of the mineral interest;
(ii)    Another person legally authorized to act on behalf of the owner; or
(iii)    A co–owner, for the benefit of any or all co–owners.
(2)    A notice recorded under subsection (a) of this section shall contain:
(i)    1.    The name of the owner, or co–owners, of the mineral interest; or
2.    If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and
(ii)    An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section.
(c)    A mineral interest shall be identified by:
(1)    A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest;
(2)    The judgment or decree that confirms the mineral interest;
(3)    A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or
(4)    A general reference to any or all mineral interests of the owner in any real property situated in the county, if:
(i)    A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or
(ii)    A judgment or decree confirms the mineral interest.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 12 - Maryland Dormant Mineral Interests Act › Section 15-1205 - Preservation of Mineral Interests -- Recordation of Late Notice

(a)    In this section, “litigation expenses” means costs and expenses that the court determines are reasonably and necessarily incurred in preparing for and prosecuting an action, including reasonable attorney’s fees.
(b)    In an action to terminate a mineral interest in accordance with § 15–1203 of this subtitle, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest as a condition of dismissal of the action, if the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest.
(c)    This section does not apply in an action in which a mineral interest has been unused in accordance with § 15–1203 of this subtitle for a period of 40 years or more preceding the commencement of the action.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 1 - In General › Section 16-102 - Public Policy

(a)    In many areas of the State much of the wetlands have been lost or despoiled by unregulated dredging, dumping, filling, and like activities, and the remaining wetlands are in jeopardy of being lost or despoiled by these and other activities. The loss or despoliation:
(1)    Will affect adversely, if not eliminate entirely, the value of the wetlands as a source of nutrient to finfish, crustacea, and shellfish of significant economic value;
(2)    Will destroy the wetlands as a habitat for plants and animals of significant economic value and eliminate or substantially reduce marine commerce, recreation, and aesthetic enjoyment;
(3)    In most cases, will affect the natural ability of tidal wetlands to reduce flood damage and affect adversely the public health and welfare; and
(4)    Will reduce substantially the capacity of the wetlands to absorb silt and result in increased silting of channel and harbor areas to the detriment of free navigation.
(b)    It is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 1 - In General › Section 16-103 - Riparian Owners Not to Be Deprived of Certain Rights

(a)    Except as specifically provided in this title, a riparian owner may not be deprived of any right, privilege, or enjoyment of riparian ownership that the riparian owner had prior to July 1, 1970.
(b)    The provisions of this title do not transfer the title or ownership of any land or interest in land.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 1 - In General › Section 16-105 - Construction of Piers and Bulkheads

(a)    The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall:
(1)    Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and
(2)    By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the State and local jurisdictions concerning the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area.
(b)    The procedure that the Department and Commission develop under subsection (a) of this section shall include provision for recognition of:
(1)    State jurisdiction over the construction of piers and bulkheads in State and private wetlands designated under this title; and
(2)    Local jurisdiction over:
(i)    The construction of piers and bulkheads landward of the boundary lines of State and private wetlands as mapped under this title; and
(ii)    Zoning divisional lines and building codes.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 1 - In General › Section 16-106 - Use of Licensed Marine Contractor to Undertake Activities Under This Title

(a)    (1)    A person that undertakes or authorizes an activity that requires a license or permit under this title shall:
(i)    Hire a licensed marine contractor to do the work; or
(ii)    Be a licensed marine contractor.
(2)    Notwithstanding any other provision of law, a residential or commercial property owner shall be exempt from the requirement to be or to hire a licensed marine contractor under subsection (a) of this section if:
(i)    The property owner performs marine contractor services on the property owner’s own property; and
(ii)    The property owner obtains the necessary tidal wetlands licenses or permits required under this title.
(b)    (1)    A person who violates subsection (a) of this section or any regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
(2)    Each day that a person conducts marine contractor services without a license constitutes a separate offense.
(c)    (1)    In addition to any other sanction under this section, a civil action may be brought against a person for a violation of subsection (a) of this section or any regulation adopted under this section.
(2)    A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.
(d)    Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund established under § 5–203.1 of this article, for the administration of the Marine Contractors Licensing Board established under Title 17 of this article.
(e)    The Department shall adopt regulations to administer and enforce the provisions of this section.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 1 - In General › Section 16-107 - Use of Licensed Marine Contractor to Undertake Marina Expansion

(a)    (1)    This section applies to a development project to expand a marina that historically operated as a working marina for the sole purpose of supporting aquaculture or seafood operations.
(2)    This section does not apply to a development project to expand a marina if the existing or expanded marina is used to allow a person to moor, dock, or store recreational or pleasure vessels.
(b)    (1)    Except as provided in subsection (c) of this section, the Board may issue a license under this title for a development project to expand a marina that is located in an area where the water depth is less than 4 1/2 feet at mean low water and on a waterway without strong flushing if the development project:
(i)    Enhances aquaculture activities or seafood operations;
(ii)    Is located in a marina or seafood operation at a marina operated by a nonprofit organization to promote aquaculture activities or oyster restoration in the State;
(iii)    Does not adversely impact submerged aquatic vegetation; and
(iv)    Will further the policies of the State related to aquaculture.
(2)    The license authorized under paragraph (1) of this subsection may authorize dredging to improve navigational access to the marina or marina facility operations.
(c)    The Board may not issue a license under this title unless the applicant for the license has obtained the following authorizations if required by local, State, or federal law:
(1)    Local planning or zoning authorization;
(2)    An aquaculture lease;
(3)    A water column lease or a submerged land lease issued by the Department of Natural Resources; and
(4)    A permit issued by the U.S. Army Corps of Engineers under § 404 of the federal Clean Water Act or under § 10 of the federal Rivers and Harbors Act.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 2 - State Wetlands › Section 16-201 - Accretion to and Improvement in Front of Land on Navigable Water; Reclamation of Lost Fast Land; Continuation of Existing Rights; Regulations

(a)    A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the person’s ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front of the land to preserve that person’s access to the navigable water or, subject to subsection (c), protect the shore of that person against erosion. After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached. A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land.
(b)    The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978.
(c)    (1)    Improvements to protect a person’s property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except:
(i)    In areas designated by Department mapping as appropriate for structural shoreline stabilization measures; and
(ii)    In areas where the person can demonstrate to the Department’s satisfaction that such measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, in consultation with the Department of Natural Resources, the Department shall adopt regulations to implement the provisions of this subsection.
(ii)    Regulations adopted by the Department under subparagraph (i) of this paragraph shall include a waiver process that exempts a person from the requirements of paragraph (1) of this subsection on a demonstration to the Department’s satisfaction that nonstructural shoreline stabilization measures are not feasible for the person’s property.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 2 - State Wetlands › Section 16-204 - Appeals

(a)    Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board.
(b)    A party has standing to file a petition under subsection (a) of this section if the party:
(1)    Meets the threshold standing requirements under federal law; and
(2)    (i)    Is the applicant; or
(ii)    Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.
(c)    (1)    A contested case hearing may not occur on a decision of the Board in accordance with § 16–202 of this subtitle.
(2)    Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-301 - Inventory; Preparation of Boundary Maps; Hearings on Proposed Boundary Map; Order Establishing Bounds and Regulations

(a)    The Secretary shall promptly delineate the landward boundaries of any wetlands in the State. The landward boundaries of the wetlands shall be shown on suitable maps or aerial photographs on a scale of 1 inch to 200 feet. The maps shall cover an entire political subdivision of the State as determined by the Secretary.
(b)    The Secretary shall hold a public hearing in the county of the affected wetlands on completion of the boundary map required in subsection (a) of this section and adoption of proposed regulations provided in § 16-302 of this subtitle. The Secretary shall give notice of the hearing by registered or certified mail not less than 30 days prior to the hearing date, to each owner shown on tax records as an owner of land designated on the map as a wetland. The notice shall include the proposed regulations. The Secretary shall publish notice of the hearing at least once not more than 30 days and not fewer than 10 days before the date of the hearing in a newspaper published within and having a general circulation in every county where the wetlands are located.
(c)    After considering the testimony at the hearing and any other pertinent fact, considering the rights of every affected property owner, and the purposes of this subtitle, the Secretary shall establish by order the landward bounds of each wetland and the regulations applicable to the wetland. A copy of the order, together with a copy of the map depicting the boundary lines, shall be filed among the land records in accordance with subsection (d) of this section in every county affected after final appeal has been completed. The Secretary shall give notice of the order to each owner of record of any land designated as wetlands by mailing a copy of the order to the owner by registered or certified mail. The Secretary also shall publish the order in a newspaper published within and having a general circulation in every county where the wetlands are located.
(d)    Filing among the land records means that the clerk of the circuit court for each affected county shall maintain all wetlands maps and regulations so as to be accessible to the public and shall display prominently to the public an index map prepared by the Department, which shall indicate the location of each wetlands map within the county, referenced by number corresponding to the map on file. Filing of maps and regulations in accordance with this subsection shall be deemed to constitute notice at all times, to the public and to all property owners affected by this subtitle, of the applicability to the wetlands areas indicated on the maps, regardless of ownership, of the requirement to obtain a permit before dredging or filling private wetlands.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-302 - Regulations Governing Dredging and Filling

(a)    To promote the public safety, health, welfare, wildlife, and marine fisheries, the Secretary may adopt regulations governing dredging, filling, removing, or otherwise altering or polluting private wetlands. The regulations may vary as to specific tracts of wetlands because of the character of the wetlands.
(b)    The regulations shall be adopted with the advice and consent of the Maryland Agricultural Commission, and in consultation with any appropriate unit in the affected political subdivision.
(c)    The Secretary shall transmit a copy of any proposed regulations to the Maryland Agricultural Commission. Within 60 days from the receipt of the copy, the Maryland Agricultural Commission shall inform the Secretary of the Commission’s decision as to the acceptance or rejection of the regulations. Failure to so inform the Secretary shall be considered approval of the regulations by the Commission.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-303 - Modification of Wetlands Maps

(a)    The Secretary may:
(1)    Modify, correct, or update the boundary maps established under § 16-301 of this subtitle; or
(2)    Amend the regulations adopted under § 16-302 of this subtitle.
(b)    The Secretary shall notify members of the public and affected property owners of proposed changes to wetlands maps or regulations as follows:
(1)    A public hearing on proposed changes shall be held in each county in which affected wetlands are located; and
(2)    Notice of proposed changes and of the public hearing shall be:
(i)    Published in the Maryland Register;
(ii)    Published at least once not more than 30 days and not fewer than 10 days before the date of the hearing in at least 1 newspaper published within and having a general circulation in every county where the affected wetlands are located, according to the advice of the county executive or president of the county commissioners;
(iii)    Posted by the Department in the offices of each county government at locations that will best inform the public according to the advice of the county executive or president of the county commissioners; and
(iv)    For proposed changes to wetlands maps and not for proposed changes to regulations, mailed by the Department by certified mail not less than 30 days before the public hearing to each owner shown on the tax records as an owner of land affected by a modification, correction, or update of the boundary map.
(c)    Each revised map and amended regulation shall be filed among the land records in accordance with § 16-301(d) of this subtitle.
(d)    (1)    Subject to the provisions of paragraph (2) of this subsection, the amendment of a wetlands boundary map under this section may not be deemed to alter the boundaries of the Chesapeake Bay Critical Area designated under § 8-1807 of the Natural Resources Article.
(2)    The boundaries of the Critical Area may be amended under § 8-1809 of the Natural Resources Article.
2023 Maryland Statutes › Environment › Title 16 - Wetlands and Riparian Rights › Subtitle 3 - Private Wetlands › Section 16-304 - Certain Lawful Uses Enumerated

Notwithstanding any regulation adopted by the Secretary to protect private wetlands, the following uses are lawful on private wetlands:
(1)    Conservation of soil, vegetation, water, fish, shellfish, and wildlife;
(2)    Trapping, hunting, fishing, and catching shellfish, if otherwise legally permitted;
(3)    Exercise of riparian rights to improve land bounding on navigable water, to preserve access to the navigable water, or to protect the shore against erosion;
(4)    Reclamation of fast land owned by a natural person and lost during the person’s ownership of the land by erosion or avulsion to the extent of provable preexisting boundaries. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972. The burden of proof that the loss occurred after this date is on the owner of the land;
(5)    Routine maintenance and repair of existing bulkheads, provided that there is no addition or channelward encroachment; and
(6)    Installing a pump, a pipe, or any other equipment attached to a pier for the cultivation of shellfish seed in a shellfish nursery under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, provided that the pump, pipe, or other equipment does not require increasing the length, width, or channelward encroachment of the pier.