reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.32 - Pocomoke River › Section 08.18.32.03 - Shad Landing Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. Shad Landing. Shad Landing encompasses the area southeast of a line beginning at a point at or near Lat. 38° 8.535' N., Long. 75° 26.465' W., then running 260° (True) to a point, at or near Lat. 38° 8.532' N., Long. 75° 26.490' W., and northeast of a line beginning at a point at or near Lat. 38° 8.368' N., Long. 75° 26.563' W., then running 338° (True) to a point, at or near Lat. 38° 8.378' N., Long. 75° 26.568' W. This area has a 6-knot speed limit all year.
B. Corkers Creek. Corkers Creek encompasses the areas south of a line beginning at a point at or near Lat. 38° 8.368' N., Long. 75° 26.563' W., then running 338° (True) to a point, at or near Lat. 38° 8.378' N., Long. 75° 26.568' W., and southwest of a line beginning at a point at or near Lat. 38° 8.707' N., Long. 75° 26.978' W., then running 211° (True) to a point, at or near Lat. 38° 8.667' N., Long. 75° 27.008' W., and running to the headwaters. This area has a minimum wake zone all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.33 - Deep Creek Lake › Section 08.18.33.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Houseboat" means a boat constructed for use as a residence or used principally as a residence.
(2) "Lake" means the area of pooled water within the watershed of Deep Creek in Garrett County, Maryland, formed by the Penelec dam and the lake bottom.
(3) Length Overall.
(a) "Length overall" means the distance measured in a straight line from the foremost part of the vessel to the aftermost part of the vessel, exclusive of sheer.
(b) "Length overall" includes integrally formed, molded, or welded components and appendages including but not limited to:
(i) Bow pulpits;
(ii) Swim platforms;
(iii) Attached structures for propulsion systems; and
(iv) Structural rub rails installed by the builder.
(c) "Length overall" does not include:
(i) Bowsprits;
(ii) Bumpkins;
(iii) Rudders;
(iv) Outboard motors;
(v) Outdrives;
(vi) Brackets; or
(vii) Items, including swim platforms, bolted on or secured to the primary structure.
(4) "Penelec" means the Pennsylvania Electric Company.
(5) "Personal watercraft" means a Class A vessel which:
(a) Has an inboard motor using an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(b) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(c) Has the probability that the operator and passenger may, in the normal course of use, fall overboard; and
(d) Is designed with no open load carrying area which would retain water.
(6) "Specialty prop craft" means a vessel less than 16 feet in length similar in appearance and operation to a personal watercraft, but the primary source of propulsion is a propeller. For the purpose of this chapter, a specialty prop craft is considered a personal watercraft.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.33 - Deep Creek Lake › Section 08.18.33.02 - Boating on Deep Creek Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not have or use on the waters of the lake a vessel 26 feet or more in length overall, except for a:
(1) Pontoon boat, which may not exceed 30 feet in length overall;
(2) Vessel operating under a valid nonconforming use permit; or
(3) Boat with a molded platform, which may not exceed 27 feet in length.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.33 - Deep Creek Lake › Section 08.18.33.03 - Speed Limits and Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Restricted Area- Inlet Between Beckman's Peninsula and Harvey's Peninsula.
(1) Area. All of the waters enclosed by a line beginning at a point defined by Lat. 39°29.860' N, Long. 79°17.190' W; then running 80° True to a point defined by Lat. 39°29.880' N, Long. 79°16.970' W; then running 0° True to a point defined by Lat. 39°30.070' N, Long. 79°16.970' W; then running 283° True to a point defined by Lat. 39°30.109' N, Long. 79°17.167' W; then running 184° True to the point of beginning.
(2) An individual may not operate a vessel towing an individual on a ski, aquaplane, or similar device in the area described in §A(1) of this regulation from 12 noon until sunset on any:
(a) Saturday;
(b) Sunday; or
(c) State or federal holiday.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.33 - Deep Creek Lake › Section 08.18.33.04 - Aircraft

Current through Register Vol. 51, No. 14, July 12, 2024
Except for aircraft owned by government agencies, aircraft may not land on, remain on, or take off from the waters of the lake without obtaining advance written permission from the Department and Penelec.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.34 - Little Choptank River › Section 08.18.34.01 - The Little Choptank River

Current through Register Vol. 51, No. 14, July 12, 2024
The Little Choptank River encompasses all the waters of the Little Choptank River and its tributaries east of a line beginning at a point at or near Lat. 38° 34.400' N., Long. 76° 18.400' W., then running 189° (True) to a point, at or near Lat. 38° 29.992' N., Long. 76° 19.275' W.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.34 - Little Choptank River › Section 08.18.34.02 - Madison Bay

Current through Register Vol. 51, No. 14, July 12, 2024
Madison Bay encompasses the area beginning at a point at or near Lat. 38° 30.777' N., Long. 76° 13.207' W., then running 271° (True) to a point, at or near Lat. 38° 30.782' N., Long. 76° 13.458' W., and running to the head of the creek. This area has a minimum wake zone all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.34 - Little Choptank River › Section 08.18.34.03 - Slaughter Creek

Current through Register Vol. 51, No. 14, July 12, 2024
A. Area. All of the waters of Slaughter Creek south of a line beginning at a point on shore defined by Lat. 38°28.702' N, Long. 76°17.578' W; then running 93° True to a point on shore defined by Lat. 38°28.682' N, Long. 76°17.135' W and north of a line beginning at a point on shore defined by Lat. 38°28.182' N, Long. 76°17.363' W; then running 268° True to a point on shore defined by Lat. 38°28.175' N, Long. 76°17.598' W, including Chapel Cove.
B. The speed limit for the area described in §A of this regulation is 6 knots on Saturdays, Sundays, and State holidays during the boating season.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter is applicable to and designed for the protection of Jennings Randolph Lake as a natural resource and to provide a pleasant and safe family-oriented facility for the enjoyment of water-related activities.
B. Jennings Randolph Lake is a U.S. Army Corps of Engineers facility sharing a common boundary with Maryland and West Virginia. The states have been granted concurrent enforcement authority on the project, as to the land and the water areas. The states have agreed to enforce essentially identical boating regulations and to share enforcement responsibilities. A fundamental consideration is preserving an acceptable quality of recreational experience on the Lake while providing for the greatest use consistent with a quality experience and safety for all users.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.02 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to:
A. Upon prior approval of the event by the Lake manager, the following activities:
(1) Vessels engaged in a professional exhibition;
(2) Regattas;
(3) Boat races;
(4) Marine parades; and
(5) Tournaments or exhibitions;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Controlled dangerous substance" means those drugs listed in Criminal Law Article, §
										5-101, Annotated Code of Maryland.
(2) "Diver down" means that a person is engaged in diving in the immediate area.
(3) "Lake" means the area of pooled water located on the North Branch Potomac River in Garrett County, Maryland, and Mineral County, West Virginia, formed by the Jennings Randolph Dam.
(4) "Lake manager" means the person appointed by the U.S. Army Corps of Engineers and designated as manager or resident engineer of the Lake and the Lake's activities.
(5) "Lake project" means the area within the boundaries of the Jennings Randolph Lake project owned and administered by the U.S. Army Corps of Engineers.
(6) "Minimum/no wake speed" means idling speed or the slowest possible speed necessary to maintain steerage under prevailing wind and Lake conditions.
(7) "Operate" means to navigate or otherwise use a motorboat or vessel.
(8) "Personal watercraft" means a Class A vessel that:
(a) Has an inboard motor that uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(b) Is designed with no open carrying area which would retain water; and
(c) Has the probability that the operator and passenger may, in the normal course of use, fall overboard.
(9) "SAE" means the Society of Automotive Engineers.
(10) "Specialty prop craft" means a vessel less than 16 feet in length similar in appearance and operation to a personal watercraft, with a propeller as the primary source of propulsion. For the purpose of this chapter, a specialty prop craft is considered a personal watercraft.
(11) "Steerage" means the minimum rate of motion required for the steerage apparatus of a vessel to have effect.
(12) "Vessel" means any type of watercraft, except a seaplane, used or capable of being used as a means of transportation on water or ice.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.04 - Boating on Jennings Randolph Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person operating a vessel on waters of Jennings Randolph Lake shall comply with the Federal Inland Navigation Rules Act of 1980, 33 CFR 84 - 90.
B. Except where specifically regulated in this chapter, an operator of a vessel on the Lake shall comply with current U.S. Coast Guard regulations including:
(1) Safety equipment;
(2) Personal flotation devices that are:
(a) Type I, II, III, or, when worn, Type V devices;
(b) Appropriately sized to fit each person aboard;
(c) In serviceable condition; and
(d) Readily accessible.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.05 - Noise Level Limits

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not operate, or give permission to operate, a vessel that emits a maximum noise level exceeding 90dB(A).
B. Noise level limits shall be measured using the procedures contained in the marine environment noise level measurement procedure SAE J 2005, as incorporated by reference in COMAR 08.18.03.
C. Mufflers.
(1) The exhaust of an inboard internal combustion engine of a vessel operated on the Lake shall be:
(a) Equipped with a muffler or system which muffles or suppresses engine noise emitted from the vessel to the established limits in §A of this regulation; and
(b) Vented at or below the water line of the vessel.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.06 - Personal Watercraft

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as noted in this chapter, personal watercraft shall comply with the laws and regulations governing Class A vessels as set forth in U.S. Coast Guard regulations.
B. A person may not operate or give permission to operate a personal watercraft for the purpose of towing a person on water skis, aquaplane, or similar device, unless the personal watercraft:
(1) Has a capacity of three persons that includes the:
(a) Driver;
(b) Rear facing observer, who is 12 years old or older;
(c) Water skier; and
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.07 - Water Skiing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not:
(1) Operate a vessel while towing a person on water skis, surfboard, or similar device unless:
(a) The operator is 12 years old or older, and
(b) There is an observer who is 12 years old or older or the vessel is equipped with a wide-angle rear-view mirror; and
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.08 - Sailboards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator of a sailboard may meet the requirement to carry one life saving device for each person on board by wearing the following equipment so that positive buoyancy is provided to the operator:
(1) Neoprene wetsuit or drysuit;
(2) Closed-cell foam design padded chest, waist, or seat harness; or
(3) Combination of the equipment specified in §A(1) and (2) of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.09 - Skin and Scuba Diving

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exception. The provisions of this regulation do not apply to professional skin or scuba divers:
(1) Engaged in demolition, salvage, construction, rescue, or repair work during the regular course of business; and
(2) Who are registered with the Lake manager.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.10 - Boating Safety Education Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person born after July 1, 1980, may not operate a vessel that is required to be numbered, without obtaining a certificate of boating safety education from this State or another state by satisfactorily completing a course of instruction in boating safety administered by:
(1) The U.S. Coast Guard Auxiliary;
(2) The U.S. Power Squadron;
(3) The Maryland Department of Natural Resources;
(4) The West Virginia Division of Natural Resources; or
(5) A person certified to teach the course administered by West Virginia or Maryland Natural Resources Boating Safety Education personnel.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.35 - Jennings Randolph Lake › Section 08.18.35.11 - Operating or Skiing Under the Influence of Intoxicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Possession or consumption of a nonprescription controlled dangerous substance anywhere on the Lake project is prohibited.
B. A person may not operate a vessel:
(1) With an alcohol concentration in the blood of 0.07 of 1 percent or more, as determined by analysis of blood or breath; or
(2) While under the influence of:
(a) A controlled dangerous substance, or
(b) A combination of a controlled dangerous substance and alcohol.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.36 - Blackwater River › Section 08.18.36.01 - Blackwater River

Current through Register Vol. 51, No. 14, July 12, 2024
The Blackwater River includes all the waters of the Blackwater River and its tributaries westerly of a line beginning at a point, at or near Lat. 38° 21.288' N., Long. 76° 0.313' W., then running 338° (True) to a point, at or near Lat. 38° 21.827' N., Long. 76° 0.593' W.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.37 - Department Managed Lakes › Section 08.18.37.01 - Smithville Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. Smithville Lake means the area of pooled water at the headwaters of Smithville Ditch, a tributary of Marshyhope Creek north of a line beginning at a point, at or near Lat. 38° 46.428' N., Long. 75° 43.852' W., then running 89° (True) to a point, at or near Lat. 38° 46.430' N., Long. 75° 43.742' W., in Caroline County, formed by the dam and the lake bottom.
B. Smithville Lake has a 6-knot speed limit all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.37 - Department Managed Lakes › Section 08.18.37.02 - Unicorn Mill Pond

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unicorn Mill Pond means the area of pooled water at the headwaters of Unicorn Branch east of a line beginning at a point, at or near Lat. 39° 14.863' N., Long. 75° 51.572' W., then running 90° (True) to a point, at or near Lat. 39° 14.863' N., Long. 75° 51.552' W., in Queen Anne's County, formed by the dam and lake bottom.
B. Unicorn Mill Pond has a 6-knot speed limit all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.37 - Department Managed Lakes › Section 08.18.37.03 - Urieville Community Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. Urieville Community Lake means the area of pooled water at the headwaters of Morgan Creek northwest of a line beginning at a point, at or near Lat. 39° 16.740' N., Long. 76° 1.4700' W., then running 57° (True) to a point, at or near Lat. 39° 16.745' N., Long. 76° 1.460' W., in Kent County, formed by the dam and lake bottom.
B. Urieville Community Lake has a 6-knot speed limit all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.37 - Department Managed Lakes › Section 08.18.37.04 - Wye Mills Community Lake

Current through Register Vol. 51, No. 14, July 12, 2024
A. Wye Mills Community Lake means the area of pooled water at the headwaters of the Wye East River east of a line beginning at a point, at or near Lat. 38° 56.585' N., Long. 76° 4.795' W., then running 223° (True) to a point, at or near Lat. 38° 56.567' N., Long. 76° 4.817' W., then running 189° (True) to a point, at or near Lat. 38° 56.515' N., Long. 76° 4.827' W., then running 142° (True) to a point, at or near Lat. 38° 56.495' N., Long. 76° 4.807' W., formed by the dam and lake bottom.
B. Wye Mills Community Lake has a 6-knot speed limit all year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.38 - Bush River › Section 08.18.38.01 - Bush River

Current through Register Vol. 51, No. 14, July 12, 2024
The Bush River includes all the waters of the Bush River and its tributaries upstream of a line beginning at Lego Point, at or near Lat. 39° 20.210' N., Long. 76° 15.252' W., then running 58° (True) to Abbey Point, at or near Lat. 39° 20.970' N., Long. 76° 13.687' W.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.38 - Bush River › Section 08.18.38.02 - Upper Otter Point Creek

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upper Otter Point Creek includes all waters of Otter Point Creek and its tributaries upstream of a line beginning at a point at or near Lat. 39° 26.665' N., Long. 76° 16.422' W., then running 280° (True) to a point, at or near Lat. 39° 26.725' N., Long. 76° 16.848' W.
B. Upper Otter Point Creek shall have an all time idle speed limit for personal watercraft.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.39 - Chesapeake and Delaware Canal › Section 08.18.39.01 - Chesapeake and Delaware Canal - Maryland Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. All of the waters of the Chesapeake and Delaware Canal, east of a line beginning at a point on the shore of Welch Point, at or near Lat. 39°31.466'N., Long. 75°52.681'W., then running 137° (True) to a point on the southern shore of Back Creek, at or near Lat. 39°31.181'N., Long. 75°52.343'W.; and west of the Maryland-Delaware State line, beginning at a point on the north shore of the canal, at or near Lat. 39°32.197'N., Long. 75°46.769'W., then running 176° (True) to a point on the south shore of the canal, at or near Lat. 39°32.077'N., Long. 75°46.759'W.
B. The Maryland portion of the canal shall haveat all times a maximum speed limit of 35 knots sunrise to sunset and 20 knots sunset to sunrise for all watercraft.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The regulations of this chapter govern the use of jetpack vessels on all waters of the State.
B. JetPack vessels shall comply with all laws and regulations governing Class A vessels including but not limited to:
(1) Registration;
(2) Operation; and
(3) Navigation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to develop comprehensive safety standards and registration requirements for jetpack vessels operated on the waters of the State.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Boat unit refers to the portion of the jetpack vessel that contains the jet pump and water intake valve or valves. The boat unit includes:
(a) A separately registered personal watercraft that is attached to the jet propelled device via a high pressure water hose; or
(b) A streamlined hull consisting of an engine and water pump that is connected to the jet propelled device via a high pressure water hose.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.04 - Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not operate or give permission to operate a jetpack vessel in a reckless or negligent manner as set forth in COMAR 08.18.01.05.
B. Except as provided in COMAR 08.04.08.03E, a person may not lease, hire, rent, operate, or give permission to operate a jetpack vessel on the waters of the State unless the observer, operator, and rider are 16 years old or older.
C. A person may not operate or give permission to operate a jetpack vessel unless:
(1) An observer is on a rescue vessel that is located at least 100 feet, but no more than 300 feet, away from the rider;
(2) The observer is responsible for the safety of only one rider at a time; and
(3) The observer meets Maryland requirements for a vessel operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.05 - Special Operating Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the restrictions set forth in COMAR 08.18.40.04, a person may not operate or give permission to operate a jetpack vessel in a porpoise like motion unless the water depth is a minimum of 25 feet.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.06 - Registration of Boat Units

Current through Register Vol. 51, No. 14, July 12, 2024
A. Boat units are vessels as defined by Natural Resources Article, §
									8-701(s), Annotated Code of Maryland.
B. All boat units shall have a valid:
(1) Hull identification number; and
(2) Vessel registration.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 18 - BOATING-SPEED LIMITS AND OPERATION OF VESSELS › Chapter 08.18.40 - JetPack Vessel › Section 08.18.40.07 - Violation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates any provision of this chapter is subject to the penalties and fines of Natural Resources Article, §
									8-2001, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.01 - General › Section 08.19.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Forest Conservation Act of 1991 requires units of local government with planning and zoning authority to establish and implement local forest conservation programs, and provides for the Department's administration of forest conservation requirements, in the absence of a local forest conservation program.
B. The Forest Conservation Act of 1991 also provides that this subtitle include a model ordinance and guidance manual to:
(1) Establish standards of performance required in forest stand delineations and forest conservation plans; and
(2) Assist persons in developing the required forest stand delineations and forest conservation plans.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.01 - General › Section 08.19.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This subtitle implements the provisions of Natural Resources Article, 5-103 and 5-1601-----5-1612, Annotated Code of Maryland, by providing for a local forest conservation program and the State forest conservation program, and provides guidance to units of local government with planning and zoning authority, by incorporating a Model Forest Conservation Ordinance.
B. Recommendations, references, and guidance on the preparation of forest stand delineations and forest conservation plans are available for local jurisdictions to utilize in locally adopted and approved forest conservation programs and for persons subject to the State Forest Conservation Program in the State Forest Conservation Technical Manual.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.01 - General › Section 08.19.01.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The terms in §B of this regulation have the meanings indicated. Terms used in this subtitle apply to both the local program and the State program. Terms not defined in this regulation have the meanings given to them in Natural Resources Article, §§
									5-103 and  5-1601 -5-1612, Annotated Code of Maryland.
B. Terms Defined.
(1) "Afforestation" means the:
(a) Establishment of a forest on an area on which forest cover has been absent for a long period of time; or
(b) Planting of open areas which are not presently in forest cover.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.01 - General › Section 08.19.01.05 - Declaration of Intent

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, §§
									5-103 and  5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.
B. A person seeking an exemption under Regulation .04A(3), (4), (8), (11), and (15) shall file a declaration of intent with the approving authority.
C. The declaration of intent is effective for 5 years.
D. The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:
(1) Does not conflict with the purpose of any existing declaration of intent; and
(2) Complies with the applicable requirements for an exempted activity.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.02 - State Review and Approval of a Local Program › Section 08.19.02.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit of local government having planning and zoning authority:
(1) Shall adopt, by December 31, 1992, a local forest conservation program which meets or is more stringent than the requirements and standards of Natural Resources Article, §§
										5-1601 -5-1612, Annotated Code of Maryland, and this subtitle; or
(2) May assign its obligation to its county, under Natural Resources Article, §
										5-1603(a)(3), Annotated Code of Maryland, if it is a municipality and if the county and the Department concur.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.02 - State Review and Approval of a Local Program › Section 08.19.02.02 - Criteria for Evaluating Local Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local authority shall submit a proposed forest conservation program to the Department, for the Department's review and approval, which meets or is more stringent than the requirements of Natural Resources Article, §§
									5-1601 -5-1612, Annotated Code of Maryland.
B. General Criteria. The forest conservation program of a local authority shall include:
(1) A policy document that contains a brief overview of the purpose and intent of the program;
(2) The requirements of Natural Resources Article, §§
										5-1601 -5-1612, Annotated Code of Maryland, and the elements of each Article of the Model Forest Conservation Ordinance provided in COMAR 08.19.03 enacted in substantively similar form as:
(a) Local law, regulation, or ordinance; or
(b) Amendments to existing local laws, regulations, or ordinances;
(3) A technical manual which:
(a) Adopts standards of Natural Resources Article, §§
											5-1601 -5-1613, Annotated Code of Maryland, and this regulation, for approval of forest stand delineation and forest conservation plans; and
(b) May be modeled after the State Forest Conservation Technical Manual;
(4) An explanation of how the local code provisions are consistent with Natural Resources Article, §§
										5-1601 -5-1612, Annotated Code of Maryland;
(5) A certification by the chief legal officer of the local authority or the chief executive officer that thresholds and standards have been adopted as stated in Natural Resources Article, §§
										5-1601 -5-1612, Annotated Code of Maryland; and
(6) Any other provisions necessary to implement the requirements of Natural Resources Article, §§
										5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.02 - State Review and Approval of a Local Program › Section 08.19.02.03 - Local Program Filing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local authority shall include in its application for the Department's approval:
(1) Information required in Regulation .02 of this chapter;
(2) A letter requesting approval, signed by the appropriate official;
(3) Three copies of proposed laws, ordinances, regulations, or amendments to existing laws, ordinances, or regulations, including code provisions and permit requirements, which show that the requirements of Natural Resources Article, 5-1601-----5-1612, Annotated Code of Maryland, and this subtitle have been met;
(4) Three copies of the local technical manual or a statement that the local authority proposes to adopt the Forest Conservation Manual;
(5) Three copies of the proposed policy document; and
(6) The name of the person to be contacted by the Department regarding the application.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.02 - State Review and Approval of a Local Program › Section 08.19.02.04 - Biennial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall conduct a review of each local program at least every 2 years from the date the program is approved.
B. The review shall consist of:
(1) Documentation from the local authority which includes the:
(a) Number, location, and type of projects;
(b) Number and location of acres cleared, conserved, and planted;
(c) Amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees; and
(d) Number and location of forest mitigation banks approved;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.02 - State Review and Approval of a Local Program › Section 08.19.02.05 - Annual Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before March 1 of each year, a local government shall submit an annual report to the Department which contains the:
(1) Number, location, and types of projects permitted since the last annual report;
(2) Amount and location of acres cleared, conserved, and planted, including any areas located in the 100 year floodplain, in connection with a development project;
(3) Amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees;
(4) Size and location of all forest mitigation banks approved in the past year;
(5) Number of acres debited from each forest mitigation bank since the last annual report;
(6) List of the forest mitigation banks inspected since the last annual report;
(7) Costs of implementing the forest conservation program; and
(8) Number, location, and types of violations and enforcement activities conducted.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.03 - Model Forest Conservation Ordinance › Section 08.19.03.01 - Ordinance for Local Program

Current through Register Vol. 51, No. 14, July 12, 2024
The following Model Ordinance shall be to assist and guide in the development of a local program. This Model Ordinance will further enable each unit of local government with planning and zoning authority to determine the size, location and orientation of forest to be retained, and prioritize tracts of land for reforestation and afforestation. Although it is the intention of the Department that this chapter be liberally construed to accomplish its purpose, a local authority shall demonstrate that the substantive provisions of each article are incorporated in the local program. Some local authorities may be able to adopt this Ordinance with only minor changes appropriate to each jurisdiction. Other local authorities may choose to use elements of this Ordinance to amend existing laws, statutes, or Ordinances.
Model Forest Conservation Ordinance Ordinance Number______
An Ordinance for the purpose of prohibiting certain development projects from cutting or clearing certain forests within the Community of_________________unless a forest stand delineation and a forest conservation plan are in effect.
Article I
Purpose and General Provisions.
1.1 Purpose.
The County Council has determined that to meet the requirements of Natural Resources Article, §§
											5-1601 -5-1612, Annotated Code of Maryland, the provisions of this Ordinance must be enacted.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Development Activities. The following development projects or development activities on areas 40,000 square feet or greater shall be subject to this chapter's provisions:
(1) On or after July 1, 1992, any construction, grading, or sediment control activity, or subdivision or project plan by a:
(a) State agency, except for an activity regulated under Natural Resources Article, §
											5-103, or
(b) Unit of county government, municipal corporation, or other political subdivision which uses State funds for that activity;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.02 - Forest Stand Delineation Submittal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall:
(1) Review an application for a forest stand delineation to determine whether it is complete and correct; and
(2) Acknowledge receipt of the application in writing by regular mail.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.03 - General Forest Conservation Plan Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.
B. If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department:
(1) How techniques for retention have been exhausted;
(2) Why the priority forests and priority areas specified in Natural Resources Article, §
										5-1607(c)(1), Annotated Code of Maryland, are not being retained:
(a) If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with Natural Resources Article, §
											5-1607(a), Annotated Code of Maryland;
(b) Where on the site in the priority areas the afforestation or reforestation will occur in compliance with Natural Resources Article, §
											5-1607, Annotated Code of Maryland; and
(c) How the standards for meeting afforestation or reforestation requirements in Natural Resources Article, §
											5-1607(b)(1)  or (3) will be followed; and
(3) How the disturbance to the priority forests and priority areas specified in Natural Resources Article, §
										5-1607(c)(2), Annotated Code of Maryland, qualifies for a variance in accordance with Regulation .10 of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.04 - Preliminary Forest Conservation Plan Submittal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A preliminary forest conservation plan shall:
(1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and
(2) Exhibit a stamp or certification of the preparer.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.05 - Final Forest Conservation Plan Submittal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A final forest conservation plan shall:
(1) Be prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A; and
(2) Exhibit a stamp or certification of the preparer.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.06 - State Procedures for Minor Development Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may file the forest stand delineation and the forest conservation plan in a single submittal, if the following requirements are met:
(1) The activity is a minor development project as defined in COMAR 08.19.01.03B(29); and
(2) The submittal includes an application form provided by the Department.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.07 - Afforestation and Retention

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person subject to this subtitle making application for subdivision approval, project plan approval, grading permit, or sediment control permit shall:
(1) Conduct afforestation on the lot or parcel in accordance with the following:
(a) A tract having less than 20 percent of the net tract area in forest cover shall be afforested up to 20 percent of the net tract area for the following land use categories:
(i) Agriculture and resource areas, and
(ii) Medium density residential areas;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.08 - Reforestation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Forest conservation thresholds are established for each land use category, as provided in §B of this regulation. The forest conservation threshold is the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of 2 acres planted for each acre removed below the threshold.
B. After reasonable efforts to minimize the cutting or clearing of forests or trees or other woody plants have been exhausted in the development of a subdivision plan, project plan, or grading or sediment control activity, the forest conservation plan shall provide for reforestation, purchase of credits from a forest mitigation bank, or payment into the State forest conservation fund, according to the formula provided in §D of this regulation, which is consistent with Regulation .03 of this chapter and the following forest conservation thresholds for the applicable land use category:
Category of Use Threshold Percentage
(1) Agricultural and resource areas 50 percent;
(2) Medium density residential areas 25 percent;
(3) Institutional development areas 20 percent;
(4) High density residential areas 20 percent;
(5) Mixed use and planned unit development areas 15 percent;
(6) Commercial and industrial use areas 15 percent.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.09 - State Forest Conservation Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. Payments by an applicant made instead of afforestation or reforestation shall be used only for the costs associated with reforestation and afforestation, including site identification, acquisition, preparation, maintenance of existing forests, and achieving urban canopy goals.
B. Fines collected from persons found to be in noncompliance with their declaration of intent, forest conservation plan or the associated 2-year maintenance agreement, this subtitle, or local ordinances and regulations, may be used by the Department for any costs associated with the implementation of Natural Resources Article, §§
									5-1601 -5-1612, Annotated Code of Maryland, and this subtitle.
C. If payments deposited under §A of this regulation remain in the Fund longer than 2 years or 3 growing seasons, the applicant may file a request, on a form provided by the Department, for the return of the unspent monies, if the applicant demonstrates to the satisfaction of the Department that the returned monies will be spent on tree plantings that:
(1) Will occur within the same county or watershed as the applicant's project; and
(2) Are not being planted to comply with:
(a) Reforestation or afforestation requirements of the State or local Forest Conservation Act program, or
(b) Requirements of any other federal, State, or local statute, ordinance, or regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.09-1 - State Forest Mitigation Banks

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may create a forest mitigation bank from which applicants may purchase credits by afforesting or reforesting an area of land in accordance with a forest mitigation bank plan which has been approved by the Department.
B. The area of land on which the bank is planted shall be a minimum of 1 acre.
C. A forest mitigation bank shall use native plants for afforestation and reforestation, unless inappropriate.
D. A person proposing to create a forest mitigation bank shall submit to the Department:
(1) A completed application on a form approved by the Department which has been signed by an authorized individual in conformance with COMAR 08.19.04.02I; and
(2) A forest mitigation bank plan which shall include:
(a) A 2-year maintenance agreement which meets all the standards described in COMAR 08.19.05,
(b) A bond or other alternate form of security to ensure that the trees will be cared for and maintained for 2 years or until sufficiently established, whichever is longer,
(c) All the information required by Regulation .04 of this chapter for a preliminary forest conservation plan, and
(d) The draft easement, covenants, or deed restrictions which will be sold to the developer when credits are withdrawn from the bank.