Title 5. Water Resources — Subtitle 7. Flood Control and Water Supply Powers and Functions
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 5-701 (2026)
Title 5. Water Resources
Subtitle 7. Flood Control and Water Supply Powers and Functions
§ 5–701LinkCopy Citation
(a)
The Department is responsible for developing and carrying out a long range program for controlling flood waters in the State. In addition, the Department shall cooperate with the federal and local governments to control State flood waters and serve in a liaison capacity to these governments in any flood control matter.
(b)
The Department shall provide technical assistance to local governments and other State units to interpret flood information and draft local land use and other regulations pertaining to areas subject to flooding. It shall review plans for local public works and exercise regulatory control over them in or on waters of the State as provided in Subtitle 5 of this title. The Department shall administer financial assistance for flood control as funds for this purpose are made available.
Md. Code Ann., Envir. § 5-702 (2026)
Title 5. Water Resources
Subtitle 7. Flood Control and Water Supply Powers and Functions
§ 5–702LinkCopy Citation
(a)
When need arises in the State for water-supply storage or storage for streamflow regulation for quality control, either or both of which can be provided by a federally constructed reservoir, and cost of storage is nonreimbursable when used for streamflow regulation, or is to be repaid by nonfederal interest when used for water supply, the Department, after consulting with concerned units and jurisdictions, shall estimate:
(1)
The amount of water-supply storage required to meet both initial and future needs in the potential service area within the State; and
(2)
The need for and benefits of storage for regulation of streamflow for quality control.
(b)
The Department shall contract with appropriate federal authorities to obtain reimbursement of costs for initial water supply and furnish reasonable assurance that costs allocated to future water supply for use in the State will be repaid. When future water supply is required, the Department shall contract with federal authorities for reimbursement.
Md. Code Ann., Envir. § 5-703 (2026)
Title 5. Water Resources
Subtitle 7. Flood Control and Water Supply Powers and Functions
§ 5–703LinkCopy Citation
In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department’s responsibility under this section, when local entities agree to pay all other nonfederal costs and operate and maintain structures installed using federal assistance authorized under the Watershed Protection and Flood Prevention Act, the Department shall consider the following:
(1)
A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566;
(2)
Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and
(3)
Limiting State participation to land acquisition for dams and impounded areas and construction of dams. Additional land beyond the flood pool level, access roads, and recreational facilities may not be part of the program or project.
Md. Code Ann., Envir. § 5-704 (2026)
Title 5. Water Resources
Subtitle 7. Flood Control and Water Supply Powers and Functions
§ 5–704LinkCopy Citation
When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these purposes the Department may receive, expend, and otherwise administer any contribution, donation, or appropriation which is made available by the United States, the State, any political subdivision, or any person.