# Local Government (GLG)

## Title 26. Public Drainage Associations

### Subtitle 1. Definitions; General Provisions

#### Section 26-101

(a) In this title the following words have the meanings indicated.

(b) "Board of managers" means the board of managers of a drainage association.

(c) "Board of viewers" means the board of drainage viewers established under this title.

(d) "Designated officer" means:

  (1) the clerk of the county commissioners for a code county or commission county if there is a clerk for the county; or

  (2) an employee or official of the county who is designated by the county commissioner or county council to perform the responsibilities of the designated officer under this title.

(e) "Drainage association" means a public drainage association established under this title.

(f) "Landowner" means a person who owns, or has contracted to purchase, land that is to be affected by a drainage project being considered by a drainage association or proposed drainage association.

#### Section 26-102

This title does not apply to Baltimore City.

#### Section 26-103

This title does not:

(1) restrict a charter county or code county from exercising a power granted under Sec. 10-321 of this article; or

(2) authorize:

  (i) the removal of a milldam;

  (ii) the interference with legal water rights of a mill; or

  (iii) the diversion of water in a manner that deprives an owner of land over which water flows of the benefits and water rights to which the owner of the land is legally entitled.

#### Section 26-104

(a) The county commissioners or county council of a county may establish a drainage association.

(b) A drainage association may:

  (1) locate and establish a ditch, drain, or canal; and

  (2) establish and maintain a watershed drainage system by constructing, straightening, widening, or deepening any ditch, drain, or watercourse.

#### Section 26-105

A drainage project established and maintained by a drainage association benefits the public and promotes public health, safety, and welfare.

#### Section 26-106

The county commissioners or county council shall notify the Secretary of Agriculture and the State Soil Conservation Committee in the Department of Agriculture of the establishment of a drainage association so that coordination and assistance may be provided in accordance with Sec. 8-602 of the Agriculture Article.

#### Section 26-107

If any owner of property affected by any proceedings under this title resides out of State, a written notice of the proceedings of the county commissioner or county council served on the tenant or agent of the owner at least 30 days before the proceedings shall be as good and sufficient as if the owner resided in the State.

---

Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)