reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.02 - Maryland Boat Act Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland Boat Act Advisory Committee has the duty of advising the Secretary of Natural Resources on all matters referred to the Committee by the Director of the Boating Service.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Committee according to the provisions of the standard travel regulations of the State and within budgetary limitations.
C. Terms of Membership.
(1) The term of a member is 3 years.
(2) Except as stated in §C(3) of this regulation, a term shall begin on January 1 of the year of appointment.
(3) An individual who has been appointed to replace a member who resigned or has been removed from the committee prior to the end of the term:
(a) Shall serve for the remainder of the original term; and
(b) May be reappointed in accordance with this regulation.
(4) Members are eligible for reappointment.
(5) Members serve in accordance with Natural Resources Article, §
										1-102(c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.03 - Forest and Park Advisory Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Forest and Park Advisory Commission shall have the duty of advising the Director of the Forest and Park Service on all matters referred to the Commission by the Director of the Forest and Park Service.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Commission according to the provisions of the standard travel regulations of the State and within budgetary limitations.
C. The Forest and Park Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for reelection in any subsequent year.
D. Meetings shall be held at the call of the chairman or the Director of the Forest and Park Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.05 - Wildlife Advisory Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Wildlife Advisory Commission shall have the duty of advising the Administrator of the Wildlife Administration on all matters referred to the Commission by the Administrator of the Wildlife Administration.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Commission according to the provisions of the standard travel regulations of the State, and within budgetary limitations.
C. The Wildlife Advisory Commission shall elect annually at the first meeting after July 1, a chairman, who shall be eligible for re-election in any subsequent year.
D. Meetings shall be held at the call of the chairman or the Administrator of the Wildlife Administration, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.06 - Tidal Fisheries Advisory Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Tidal Fisheries Advisory Commission has the duty of advising the Director of the Fisheries Service on all matters referred to the Commission by the Director of the Fisheries Service.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Commission according to the provisions of the standard travel regulations of the State, and within budgetary limitations.
C. The Tidal Fisheries Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for re-election in any subsequent year.
D. Meetings shall be held at the call of the chairman or the Director of the Fisheries Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.07 - Sport Fisheries Advisory Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Sport Fisheries Advisory Commission shall have the duty of advising the Director of the Fisheries Service on all matters referred to the Commission by the Director of the Fisheries Service.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Commission according to the provisions of the standard travel regulations of the State and within budgetary limitations.
C. The Sport Fisheries Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for reelection in any subsequent year.
D. Meetings shall be held at the call of the chairman or the Director of the Fisheries Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.02 - Wildlands in Maryland › Section 08.01.02.02 - State Wildlands System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. There is a State wildlands preservation system composed of areas in the State designated by the General Assembly as wildlands areas. The wildland areas shall be administered for the use and enjoyment of the people of Maryland in a manner that will leave them unimpaired for future use and enjoyment as wildlands, to provide for their protection, for the preservation of their wildland character, and for gathering and dissemination of information regarding their use and enjoyment. For a description of the boundaries of an individual wildland, see Natural Resources Article, §
									5-1203, Annotated Code of Maryland.
B. Types of Wildlands.
(1) "Type 1 wildland" means a primitive area which by its size and location is in effect untouched by urban civilization and can offer the experience of solitude and self-reliance. Type 1 wildlands are usually lands located at higher elevations that protect watersheds and are ecologically vulnerable to human interferences.
(2) "Type 2 wildland" means a unit of importance for natural sciences and ecology with outstanding value for education, research, and appreciation of natural processes. Preservation of the desired natural condition is the prevailing purpose of the Type 2 wildlands.
(3) "Type 3 wildland" means an area which is not of ecological or primitive stature but which has the appearance of being in an untouched natural state.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.02 - Wildlands in Maryland › Section 08.01.02.03 - Permitted Activities - State Wildlands Preservation System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The uses and activities in §§B-I of this regulation are permitted on all State wildlands.
B. Hunting, Fishing and Trapping. A person may hunt, fish, or trap within a wildland provided it is otherwise permitted under State laws and regulations.
C. Other Recreational Uses. Unless otherwise prohibited under Department regulations, public recreational activities in keeping with the wildland character of the area are permitted and include, but are not limited to:
(1) Hiking;
(2) Canoeing;
(3) Kayaking;
(4) Rafting; and
(5) Snow skiing.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.02 - Wildlands in Maryland › Section 08.01.02.04 - Permitted Activities - Select Units of the State Wildlands Preservation System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The uses and activities in §§B-N of this regulation are permitted only in the wildlands specified.
B. Pocomoke River Wildland, Parcel One, as Identified in Natural Resources Article, §
									5-1203(d), Annotated Code of Maryland.
(1) Within Pocomoke River wildland lying north of the Pocomoke River and east of the Milburn Landing area-Pocomoke River State Park, safety zone signs may be posted to protect the State park camping area in hunting seasons.
(2) Activities related to the maintenance of existing public drainage within Pocomoke River wildland are permitted provided that all local and State requirements for review, permit, and approval are followed.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.02 - Wildlands in Maryland › Section 08.01.02.05 - Prohibited Activities - State Wildlands Preservation System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when expressly permitted under Regulation .03 or .04 of this chapter, the uses and activities in §§B-G of this regulation are prohibited in a wildland.
B. Permanent Roads, Structures, and Installations. Unless necessary to meet the minimum requirements for the purposes of the administration of the area, permanent roads, structures, or installations may not be located or constructed within a wildland. Except following public notice and hearing, the Governor, within a specific area and in accordance with any regulations the Governor considers desirable, may determine that the following permanent structures and installations in wildlands will serve the interests of the State and the State's people, and may recommend to the General Assembly passage of a bill authorizing:
(1) The establishment and maintenance of reservoirs;
(2) Water conservation works;
(3) Power projects;
(4) Transmission lines; and
(5) Other facilities needed in the public interest, including road construction and maintenance essential to development and use of specific areas.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.02 - Wildlands in Maryland › Section 08.01.02.06 - Restricted and Conditional Activities - State Wildlands Preservation System

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when expressly permitted under Regulation .03 or .04 of this chapter, the uses and activities listed in §§B-J of this regulation are restricted.
B. Temporary Roads. Except as necessary to meet the minimum requirements for the purposes of the administration of an area, including measures required in emergencies involving the health and safety of persons within the area or economic or safety threats to private property, temporary roads are prohibited.
C. Motorized Equipment and Vehicular Transport. Except as necessary for the purposes of administration of an area, including measures required in emergencies involving the health and safety of persons within the area, and economic or safety threats to private property, the following are prohibited in wildlands:
(1) Motorized equipment;
(2) Motor vehicles;
(3) Motor boats;
(4) Landing of aircraft; and
(5) Mechanical transport.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to any motorized vehicle that falls within the definition of off-road vehicle in Regulation .02B(8) of this chapter.
B. Except as provided in this chapter, an off-road vehicle may not be operated on a forest or park trail designated in Regulation .11 of this chapter.
C. Emergency and Departmental vehicles are exempted from this chapter.
D. The following are exempted from provisions of this chapter if the vehicle use is an approved Departmental activity that includes:
(1) Earth-moving, construction, or logging equipment;
(2) Vehicles used for the development, maintenance, management, or protection of Department lands; and
(3) Vehicles used by individuals holding easements for rights-of-way through public land, and their guests, in order to access private properties.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.02 - 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) "ANSI" means the American National Standards Institute.
(2) "ASTM" means the American Society for Testing and Materials.
(3) "Commissioned officer" means a forest or park warden, or forest or park ranger, having the authority stated in Natural Resources Article, §
										5-206, Annotated Code of Maryland, or Natural Resources police officer having the authority stated in Natural Resources Article, §
										1-204, Annotated Code of Maryland.
(4) "Deer bow season" means those dates open for hunting deer in accordance with COMAR 08.03.03.06-.08
(5) "Deer bow season" means those dates open for hunting deer in accordance with COMAR 08.03.03.06-.08.
(6) "Deer firearms season" means those dates open for hunting deer in accordance with COMAR 08.03.03.06- ----.08.
(7) " Department lands" means the State Forests, State Parks, Wildlife Management Areas, Cooperative Wildlife Management Areas, Natural Environmental Areas, Wildlands and Natural Resource Management Areas.
(8) "Department lands" means the State Forests, State Parks, Wildlife Management Areas, Cooperative Wildlife Management Areas, Natural Environmental Areas, Wildlands and Natural Resource Management Areas.
(9) "Manager" means that commissioned officer or designated employee having management authority for a particular Department land.
(10) Off-Road Vehicle (ORV).
(a) "Off-road vehicle (ORV)" means a motorized vehicle designed for or capable of cross-country travel on land, water, snow, ice, marsh, swampland, or other natural terrain.
(b) "Off-road vehicle (ORV)" includes:
(i) A four-wheel drive or low pressure tire vehicle;
(ii) An automobile;
(iii) A truck;
(iv) A motorcycle and related two-wheel vehicle;
(v) An amphibious machine;
(vi) A ground effect or air cushion vehicle;
(vii) A snowmobile; and
(viii) A golf cart.
(11) "ORV trail" means an area designated for use by ORVs.
(12) "SAE" means the Society of Automotive Engineers, Inc.
(13) "Secretary" means the Secretary of Natural Resources.
(14) "Spring turkey season" means those dates for hunting turkey in accordance with COMAR 08.03.03.03D(2).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.03 - Registration and Licensing Requirements for Operating ORVs on Designated Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Restrictions.
(1) Subject to the restrictions of §A(2)-----(5) of this regulation, an individual may operate an ORV in the areas designated in Regulation .11 of this chapter.
(2) The operator shall be:
(a) The holder of a valid driver's license which is in the operator's possession;
(b) The holder of a Maryland instruction and examination learner's permit, which is in the operator's possession, and accompanied by a licensed driver; or
(c) 12 years old or older and accompanied on the trail by a parent or legal guardian who is the holder of a valid driver's license which is in the parent's or guardian's possession.
(3) The operator shall possess and have in the operator's possession:
(a) An ORV registration issued by the Department; or
(b) A copy of the ORV lease or rental agreement which shall contain all of the following:
(i) Signature of the owner or the owner's designee;
(ii) Signature of the person leasing or renting the ORV; and
(iii) Time period of the lease or rental.
(4) The ORV shall be registered annually with the:
(a) Department and display a registration sticker in accordance with the requirements of this regulation; or
(b) Motor Vehicle Administration as a licensed motor vehicle for on-road use.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.04 - Disposition of Proceeds

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall use the service charges, collected under Regulation .03C of this chapter, to promote use of ORVs by:
A. Identifying and posting ORV trails for use;
B. Acquiring, developing, and managing ORV trails; and
C. Patrolling and maintaining ORV trails.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.05 - ORV Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. An ORV may not be operated on Departmental lands unless it conforms to applicable State laws and regulations relating to registration, operation, and inspection requirements, and is equipped with:
(1) At least one headlight and one red tail light that are operational between sundown and sunrise; and
(2) A muffler or other effective noise suppression system in good working order that is:
(a) In constant operation,
(b) Maintained and operated in a manner to prevent excessive or unusual noise caused by an ORV not in compliance with this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.06 - Operating Requirements for ORVs on Department Lands

Current through Register Vol. 51, No. 14, July 12, 2024
A. Operating Requirements.
(1) Snowmobiles may be operated only on ORV trails designated for snowmobile use.
(2) A snowmobile may be used on trails designated for its use from December 15 through March 15 of each year, except for certain trails which may be closed to facilitate hunting activity during firearms season or other seasonal special events.
(3) The manager may open or close trails at any time of the year based upon consideration of overall physical, environmental, and recreational use for:
(a) Removing trail hazards;
(b) Conducting educational programs, safety programs, or special events; or
(c) Using snowmobile trails when snow conditions warrant.
(4) A snowmobile ORV trail may be closed at any time by the manager when one or more of the following conditions occur on the trail:
(a) Insufficient snow;
(b) Dangerous or defective conditions; or
(c) Use that may:
(i) Threaten or harm wildlife, or
(ii) Conflict with other recreational uses.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.07 - Reporting Accidents

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator of an ORV involved in an accident shall contact the Department Communications Center as listed on the online confirmation if the vehicle is in an accident which involves death or injury of an individual.
B. The operator of an ORV involved in an accident shall provide the following information to the Department Communication Center:
(1) Registration number of the ORV or vehicles involved;
(2) Location of the accident;
(3) Date and time of the accident;
(4) Weather conditions at the time of the accident;
(5) Name, address, and age of the:
(a) Individual submitting the report,
(b) Owners of the ORV and other property involved,
(c) Operators of any ORV involved, and
(d) Any fatalities or injuries;
(6) Description of damage to property or animal, and estimated cost of repairs;
(7) Nature and extent of injury to an individual;
(8) Description of the accident; and
(9) Names and addresses of known witnesses.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.08 - Noise Level Limits and Enforcement Schedules

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exception. This regulation does not apply to devices used solely for the purpose of warning, protecting, or alerting the public of the existence of an emergency situation.
B. Snowmobiles.
(1) An individual may not operate a snowmobile on Department lands that produces a maximum noise exceeding the noise level limits set forth in §B(2) of this regulation, measured at a distance not less than 50 feet from the point of operation under test procedures established by the SAE.
(2) Noise level limits and the effective dates for enforcement are:
Vehicle
Date of Manufacture
Maximum Sound Level at 50 Feet (as tested by SAE J331(a) or equivalent)
Snowmobiles
Before July 1, 1976
84 dB(A)
After July 1, 1976
78 dB(A)
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.09 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who violates any provision of this chapter is subject to the provisions of Natural Resources Article, §
									5-1301, Annotated Code of Maryland, in addition to any penalties under Criminal Law Article, §
									6-405, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.10 - ORV Trail Designation Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. ORV trails are generally described in this regulation and identified on the location maps in Regulation .12 of this chapter.
B. Before acquiring or designating a trail or road for off-road use, the Department shall:
(1) Give public notice of the proposed new trail or road;
(2) Collect public comment; and
(3) Place signs on designated ORV trails.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.11 - Designated Trails

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following areas are designated ORV trails.
B. Garrett State Forest in Garrett County.
(1) The trails listed in this regulation may only be used in accordance with this regulation.
(2) Piney Mountain Trail (Map Number 1).
(a) The Piney Mountain Trail beginning at the Sang Run-Cranesville Road and ending at the intersection of the Piney Mountain Road and the unnamed dirt road may be used by:
(i) Snowmobiles from December 15 through April 15, except during deer firearms season; and
(ii) Two-wheel and four-wheel vehicles year-round and during the deer firearms season.
(b) The western half of the loop may be used by snowmobiles only, and may not be used by any motorized wheeled vehicle.
(3) Snaggy Mountain Trail (Map Number 2).
(a) That portion of Snaggy Mountain Trail beginning at Cranesville Road and running south along Snaggy Mountain Road/Hutton-Switch Road to the bridge at the head of Herrington Lake may be used by:
(i) Snowmobiles from December 15 through April 15, except during deer firearm season; and
(ii) Two-wheel and four-wheel vehicles year-round and during the deer firearms season.
(b) That portion of Snaggy Mountain Trail forming the eastern side of the northern loop beginning and ending at the points where the loop leaves the part of the trail running along Snaggy Mountain Road/Hutton-Switch Road, the southern portion of the trail beginning at the bridge at the head of Herrington Lake to the trail's end, and the trail connecting at midway the northern loop to the southern portion of the trail may only be used by snowmobiles and may not be used by any motorized wheeled vehicle.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.03 - Off-Road Vehicles › Section 08.01.03.12 - Official Maps

Current through Register Vol. 51, No. 14, July 12, 2024
Map 1 - Garrett State Forest, Piney Mountain Trail, Garrett County, MD - see Map 1.
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Map 2 - Garrett State Forest, Snaggy Mountain Trail, Garrett County, MD - see Map 2
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Map 3 - Potomac State Forest, Wallman/Laurel Run Trail, Garrett County, MD - see Map 3.
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Maps 4 - Potomac State Forest, Backbone Mountain Trail, Garrett County, MD - see Maps 4.
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Map 5 - Savage River State Forest, Margraff Plantation Trail, Garrett County, MD - see Map 5.
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Map 6 - Savage River State Forest, Bowman Hill North Trails, Garrett County, MD - see Map 6.
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Maps 7, 8, 9, 10 - Savage River State Forest, Meadow Mountain Trail, Garrett County, MD - see Maps 7, 8, 9, 10.
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Map 11 - Savage River State Forest, St. John's Rock/Red Dog Road Trail, Garrett County, MD - see Map 11.
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Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to contested case hearings that the Secretary is required to initiate by:
(1) Statute;
(2) Constitution; or
(3) A regulation that expressly or by clear implication requires a hearing to be held in accordance with the Administrative Procedure Act and this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(2) "Administrative Law Judge" means an Administrative Law Judge of the Office of Administrative Hearings.
(3) "Contested Case" has the meaning stated in State Government Article, §
										10-202(d), Annotated Code of Maryland.
(4) "Department" means the Department of Natural Resources.
(5) "Office of Administrative Hearings" has the meaning stated in State Government Article, §
										9-1602, Annotated Code of Maryland.
(6) "Party" means a person or agency named or admitted as a party, including the Department.
(7) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(8) "Secretary" means the Secretary of Natural Resources or a designee of the Secretary. For purposes of this chapter Secretary includes an official empowered by statute to render the final agency decision in a contested case.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.03 - Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may:
(1) Conduct a contested case hearing in accordance with the Administrative Procedure Act and any other applicable law;
(2) Delegate the authority to conduct a contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, §
										10-205, Annotated Code of Maryland; or
(3) With the prior written approval of the Chief Administrative Law Judge of the Office of Administrative Hearings, delegate the authority to conduct a contested case hearing to a person not employed by the Office of Administrative Hearings.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.04 - Notice of Agency Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall give reasonable notice of the agency's action in accordance with State Government Article, §
									10-207, Annotated Code of Maryland when the Department is required by law to:
(1) Provide a contested case hearing; or
(2) Provide the opportunity to request a contested case hearing.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.05 - Revocation of Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. For a reason specified in §B of this regulation, the Secretary may revoke, in whole or in part, the authority delegated to the Office of Administrative Hearings to conduct a contested case hearing at any time before the earlier of:
(1) The issuance of a ruling on a substantive issue; or
(2) The taking of oral testimony from the first witness.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.06 - Proposed Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office of Administrative Hearings shall issue a proposed decision in accordance with the Secretary's delegation.
B. Unless otherwise provided by law or the Department's delegation, the Office of Administrative Hearings shall submit the proposed decision to the Secretary and each party.
C. The proposed decision shall:
(1) Be in writing;
(2) Contain findings of fact and conclusions of law; and
(3) Include an explanation of procedures and time limits for submitting exceptions to the Secretary.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.07 - Exceptions - Requests for Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing Exceptions; Oral Argument Request.
(1) Within 15 calendar days after the Office of Administrative Hearings submits a proposed decision to the parties, a party may file written exceptions to the Secretary. The party filing the exceptions shall mail or deliver a copy of the exceptions to all parties.
(2) A party filing exceptions may request the opportunity to present oral argument to the Secretary that the proposed decision should be reversed, affirmed, or remanded.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.08 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. A final decision in a contested case shall contain:
(1) Findings of fact;
(2) Conclusions of law;
(3) An order; and
(4) A statement of the right to seek judicial review.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.09 - Reconsideration and Revision

Current through Register Vol. 51, No. 14, July 12, 2024
On the initiative of the Secretary or on motion of any party filed at any time the Secretary may revise a final decision if the decision was based on fraud, mistake, or inadvertence.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.04 - Procedures for Contested Case Hearings › Section 08.01.04.10 - Petition for Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A party that is adversely affected by a final decision or order may file a petition for judicial review as provided by State Government Article, §
									10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.05 - Criteria for Certain Activities on Private Property › Section 08.01.05.01 - Posting Against Trespassing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criminal Law Article, Title 6, Subtitle 4, Annotated Code of Maryland, requires that in order to institute proceedings for trespassing under Criminal Law Article, Title 6, Subtitle 4, the owner or tenant of any private property shall have posted the property against unlawful entry or trespass.
B. The requirement is that:
(1) Signs shall be placed where they may reasonably be seen; or
(2) Identifying paint marks on trees or posts shall be placed at each road entrance and adjacent to public roadways, public waterways, and any other lands adjoining the property. For purposes of this regulation, a paint mark shall be:
(a) A vertical line at least 2 inches in width, and at least 8 inches in length,
(b) Centered at least 3 feet, but not more than 6 feet from the ground, or from the water surface at its mean high tide for tidal water, or its normal level for nontidal water,
(c) Readily visible to a person with normal eyesight who approaches the property, and
(d) Bright blue oil base paint.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, §
									10-611 --10-628, Annotated Code of Maryland, which are maintained by the Department of Natural Resources. These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with State Government Article, §
									10-611 --10-628, Annotated Code of Maryland, the statute controls.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.02 - 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) "Applicant" means an individual or governmental unit that requests the inspection and reproduction of a public record.
(2) "Custodian" means the official custodian who is an officer or employee of the Department, or of a political subdivision, who is responsible for keeping the public record, whether the officer or employee has physical custody and control of a public record.
(3) "Department" means the Department of Natural Resources.
(4) "Public record" means the original or a copy of any documentary material that is made by a unit or instrumental to the Department or received in connection with the transaction of public business, and is in any form, including:
(a) A card;
(b) A computerized record;
(c) Correspondence;
(d) A drawing;
(e) Film or microfilm;
(f) A form;
(g) A map;
(h) A photograph or photostat;
(i) A recording; or
(j) A tape.
(5) "Secretary" means the Secretary of Natural Resources.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.03 - Request for Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may request to inspect or copy public records of the Department.
B. An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain an applicant's name, address, and phone number;
B. Be signed by the applicant; and
C. Identify by brief description the public record requested.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.05 - Filing Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the record by using the custodian's name or title, and to the unit and program maintaining the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary, and shall include as much identifying information about the request as possible.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.06 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request.
B. If the custodian denies the written request, the custodian shall do so within 30 days of receipt of the written request. The custodian shall immediately notify the applicant of the denial, and within 10 working days of the denial provide the applicant with a written statement that gives:
(1) The reasons for the denial;
(2) The legal authority for the denial; and
(3) Notice of the remedies available under State Government Article, §§
										10-611 -10-628, Annotated Code of Maryland, for review of the denial.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.07 - Public Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If the requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.08 - Public Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of the reasons why the record cannot be produced.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.09 - Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request.
B. Hearing Procedures.
(1) If an applicant requests a hearing, the hearing shall be conducted by the Secretary, an administrative law judge employed by the Office of Administrative Hearings, or the Secretary's designee.
(2) The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.
(3) After the hearing, the designee shall prepare a decision for the Secretary.
(4) The Secretary shall issue the final decision of the Department within 30 days of the receipt of the recommended decision.
(5) If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.10 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, §
									10-611 --10-628, Annotated Code of Maryland, would do substantial injury to the public interest, the custodian may temporarily deny the request, and within 10 working days of the denial, petition the appropriate circuit court for an order permitting continued denial or restriction of access. The Department shall serve a copy of the petition on the applicant as provided for service of process by Courts and Judicial Proceedings Article, §
									6-301, Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.11 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule for Certifying and Copying a Record.
(1) Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Department. If the public records are not susceptible to photocopying, for example, punch cards, magnetic tapes, drawings, maps, blueprints, microfilm slides, or photographs, the fee for copies is based on the actual cost of reproduction, as determined by the custodian.
(2) Documents More Than 25 Pages. If the public record requested to be reproduced is more than 25 pages, the custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee.
(3) Certification of Copies. If an applicant requests that a copy of a public record be certified as a true copy, the custodian shall charge an additional fee of $1 per record.
(4) Computer Printouts. If the Department is required to provide a computer printout, the charge for the printout includes:
(a) The computer and peripheral equipment usage;
(b) Programming; and
(c) Material costs.
(5) Search Fees.
(a) Except as provided in § A(5)(b) of this regulation, the custodian may charge reasonable fees for the search and preparation of public records for inspection and copying, in addition to the cost for reproduction.
(b) The custodian may not charge search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.06 - Public Information Act Requests › Section 08.01.06.12 - Waiver or Reduction of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the:
(1) Item requested is promotional in nature or is routinely distributed to the public;
(2) Item may be reproduced free of charge; or
(3) Applicant is unable to pay for the costs of reproduction.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.07 - Chesapeake Forest Lands › Section 08.01.07.01 - 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) "Chesapeake Forest Land road" means a road on, or adjacent to, the Chesapeake Forest that is maintained by the service.
(2) "Department" means the Department of Natural Resources.
(3) "Director" means the Director of the Forest Service.
(4) "Hunt club" means an organization made up of hunters with a club president.
(5) "Hunting lease agreement" means a legal agreement between a hunt club and the Department, giving the hunt club exclusive hunting rights to a tract of Chesapeake Forest Lands.
(6) "Program Open Space" means the program under Natural Resources Article, Title 5, Subtitle 9, Annotated Code of Maryland, that provides funding for the State and its subdivisions to acquire land for open space and for outdoor public recreation.
(7) "Public road" means any road that is maintained by either a county or the Maryland State Highway Administration.
(8) "Secretary" means the Secretary of Natural Resources.
(9) "Service" means the Forest Service, a unit within the Department of Natural Resources.
(10) "Sustainable forestry" means the stewardship and use of forests and forest lands in a way, and at a rate, that:
(a) Maintains their biodiversity, productivity, regeneration, capacity, vitality, and potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local and regional levels; and
(b) Does not cause damage to other ecosystems.
(11) "Tract" means an individual land unit of Chesapeake Forest Lands that is recorded by deed description in the local county land records office.
(12) Vehicle.
(a) "Vehicle" means a mode of transportation by which an individual or property may be transported on a roadway.
(b) "Vehicle" includes:
(i) A trailer;
(ii) An automobile;
(iii) A truck;
(iv) A bus;
(v) A moped;
(vi) An animal;
(vii) An animal-drawn vehicle;
(viii) A bicycle;
(ix) An all-terrain vehicle (ATV); and
(x) An off-road vehicle (ORV).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.07 - Chesapeake Forest Lands › Section 08.01.07.02 - Chesapeake Forest Lands

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. In accordance with Natural Resources Article, §§
									5-207 and  5-903(2)(i), Annotated Code of Maryland, a group of lands has been acquired by the Department with Program Open Space funds and through the gift of lands. These lands were acquired specifically to be retained as working forest, producing forest products to help maintain local employment, to protect outdoor recreational values, and for other environmental benefits for the local communities on Maryland's Eastern Shore. None of these areas has been accorded a formal land unit designation and existing land unit designations do not fulfill the purposes for which these lands were acquired.
B. This chapter:
(1) Establishes a new official land unit designation, Chesapeake Forest Lands; and
(2) Is intended to remedy the concerns set forth in §A of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.07 - Chesapeake Forest Lands › Section 08.01.07.03 - Management and Use

Current through Register Vol. 51, No. 14, July 12, 2024
All uses and management of Chesapeake Forest Lands shall be in accordance with the purposes of sustainable forestry.