In this title the following words have the meanings indicated. “Board” means the Board of Public Works. “County” includes Baltimore City unless otherwise indicated. “Department” means the Department of the Environment. “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether or not of intrinsic value, from any State or private wetlands. “Filling” means: The displacement of navigable water by the depositing into State or private wetlands of soil, sand, gravel, shells, or other materials; or The artificial alteration of navigable water levels by any physical structure, drainage ditch, or otherwise. “Filling” includes storm drain projects which flow directly into tidal waters of the State. “Filling” does not include: Drainage of agricultural land; In–place replacement or repair of shore erosion control structures using substantially similar materials and construction design; or Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary. “Landward boundary of wetlands” means the common boundary between wetlands, as defined in this section, and lands not included within the definitions of wetlands appearing in this section. “Licensed marine contractor” has the meaning stated in Title 17, Subtitle 3 of this article. “Nonwater–dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands. “Nonwater–dependent project” includes: A dwelling unit on a pier; A restaurant, a shop, an office, or any other commercial building or use on a pier; A temporary or permanent roof or covering on a pier; A pier used to support a nonwater–dependent use; and A small–scale renewable energy system on a pier, including: A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and A wind energy system and its wind turbine, tower, base, or other necessary equipment. “Nonwater–dependent project” does not include: A fuel pump or other fuel–dispensing equipment on a pier; A sanitary sewage pump or other wastewater removal equipment on a pier; A pump, a pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article; or An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations. “Person” means any natural person, partnership, joint–stock company, unincorporated association or society, the federal government, the State, any unit of the State, a political subdivision, or other corporation of any type. “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure. “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands. “Private wetlands” means any land not considered “State wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. “Private wetlands” includes wetlands, transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. “Public notice” means the public notice and public informational hearing procedures established in § 5–204(b) through (e) of this article. “Public notice” does not mean notice as provided for in § 16–303 of this title. “Regular or periodic tidal action” means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by wind or any other circumstance. “Secretary” means the Secretary of the Environment. “State wetlands” means any land under the navigable waters of the State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered “private wetland” to the extent of the interest transferred.

In many areas of the State much of the wetlands have been lost or despoiled by unregulated dredging, dumping, filling, and like activities, and the remaining wetlands are in jeopardy of being lost or despoiled by these and other activities. The loss or despoliation: Will affect adversely, if not eliminate entirely, the value of the wetlands as a source of nutrient to finfish, crustacea, and shellfish of significant economic value; Will destroy the wetlands as a habitat for plants and animals of significant economic value and eliminate or substantially reduce marine commerce, recreation, and aesthetic enjoyment; In most cases, will affect the natural ability of tidal wetlands to reduce flood damage and affect adversely the public health and welfare; and Will reduce substantially the capacity of the wetlands to absorb silt and result in increased silting of channel and harbor areas to the detriment of free navigation. It is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.

Except as specifically provided in this title, a riparian owner may not be deprived of any right, privilege, or enjoyment of riparian ownership that the riparian owner had prior to July 1, 1970. The provisions of this title do not transfer the title or ownership of any land or interest in land.

This section does not apply to a nonwater–dependent project located on State or private wetlands in Prince George’s County. Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, the Board of Public Works may not issue a license to authorize a nonwater–dependent project located on State wetlands. The Board of Public Works may issue a license to authorize a nonwater–dependent project located on State wetlands if the project: Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use; Is not located on a pier that is attached to residentially, institutionally, or industrially used property; Avoids and minimizes impacts to State or private wetlands and other aquatic resources; Is located in: An intensely developed area and the project is authorized under a program amendment to a local jurisdiction’s critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays; Is approved by the local planning and zoning authorities after the local jurisdiction’s program amendment under item 4A of this item, if applicable, has been approved; Allows or enhances public access to State wetlands; Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed; Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height; Is up to 1,000 square feet in total area; Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, or an area with rare, threatened, or endangered species or species in need of conservation; and Does not adversely impact a fish spawning or nursery area or an historic waterfowl staging area; or Is located on a pier that was in existence on or before December 31, 2012; Satisfies all of the requirements under item (i)1 through 8 of this paragraph; and If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area. The Board of Public Works may issue a license to authorize a nonwater–dependent project for a small–scale renewable energy system on a pier located on State wetlands if the project: Involves the installation or placement of a small–scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under this title; Avoids and minimizes impacts to State or private wetlands and other aquatic resources; Is located in: The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under a program amendment to a local jurisdiction’s critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays; Is approved by the local planning and zoning authorities after the local jurisdiction’s program amendment under item 3A of this subparagraph, if applicable, has been approved; Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, or an area with rare, threatened, or endangered species or species in need of conservation; and Does not adversely impact a fish spawning or nursery area or an historic waterfowl staging area. A license issued under subparagraph (i) of this paragraph may include the installation or placement of: A solar energy system attached to a pier if the device or equipment associated with that system does not extend more than: 4 feet above or 18 inches below the deck of the pier; or 1 foot beyond the length or width of the pier; A solar energy system attached to a piling if there is only one solar panel per boat slip; A solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof; A closed–loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not: Extend beyond the length, width, or channelward encroachment of the pier; Deleteriously alter long shore drift; or Cause significant individual or cumulative thermal impacts to aquatic resources; or A wind energy system attached to a pier if there is only one wind energy system per pier for which: The height from the deck of the pier to the blade extended at its highest point is up to 12 feet; The rotor diameter of the wind turbine is up to 4 feet; and The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point. Except as provided in paragraph (2) of this subsection and notwithstanding any other provision of law, the Secretary may not issue a permit to authorize a nonwater–dependent project located on private wetlands. Except for the public access requirement under subsection (b)(2)(i)6 of this section, the Secretary may issue a permit to authorize a nonwater–dependent project located on private wetlands if the project satisfies all of the requirements under subsection (b)(2) or (3) of this section.

The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall: Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the State and local jurisdictions concerning the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area. The procedure that the Department and Commission develop under subsection (a) of this section shall include provision for recognition of: State jurisdiction over the construction of piers and bulkheads in State and private wetlands designated under this title; and Local jurisdiction over: The construction of piers and bulkheads landward of the boundary lines of State and private wetlands as mapped under this title; and Zoning divisional lines and building codes.

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

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