# Local Government (GLG)

## Title 26. Public Drainage Associations

### Subtitle 3. Establishment and Organization

#### Section 26-301

(a) On approval of the petition and report filed under Subtitle 2 of this title, the county commissioners or county council shall:

  (1) establish a drainage association that is composed of the landowners; and

  (2) name the organization the "_______ Public Drainage Association".

(b) A drainage association created under this title is a political subdivision of the State and a body politic and corporate.

(c) A drainage association may:

  (1) acquire, hold, and convey property;

  (2) sue and be sued;

  (3) adopt a seal; and

  (4) exercise corporate powers.

#### Section 26-302

(a) Within 30 days after the approval of the petition and report, the county commissioners or county council shall call a meeting of the landowners to elect a board of managers.

(b)

  (1) At least 10 days before the meeting, the county commissioners or county council shall post a notice of the meeting at four public places in the area or vicinity of the area of the drainage association.

  (2) The notice shall state the time, place, and purpose of the meeting.

(c)

  (1) Each landowner is entitled to vote in the election of the board of managers until the board of viewers report is approved by the county commissioners or county council.

  (2) When the report of the board of viewers is approved, each landowner is entitled to vote according to the special assessment on the landowner shown in the report as follows:

    (i) for any special assessment not exceeding $15, one vote;

    (ii) for any special assessment more than $15 and not exceeding $35, two votes;

    (iii) for any special assessment more than $35 and not exceeding $60, three votes;

    (iv) for any special assessment more than $60 and not exceeding $100, four votes;

    (v) for any special assessment more than $100, one additional vote for each $50 in excess of $100, plus one additional vote for any remaining part less than $50.

  (3) Any landowner may vote by written proxy signed by the landowner.

(d) A quorum consists of the number of landowners who are entitled to cast a majority of all the votes as provided in subsection (c) of this section.

(e) On proof that notice has been given as required in subsection (b) of this section, if a quorum is not obtained, the county commissioners or county council shall appoint the managers.

(f) The board of managers elected under subsection (a) of this section shall determine by a random drawing the managers who:

  (1) serve until the date of the first regular annual meeting;

  (2) serve until the date of the first regular annual meeting and for 1 year thereafter; or

  (3) serve until the date of the first regular annual meeting and for 2 years thereafter.

#### Section 26-303

(a)

  (1) The term of each manager is 3 years.

  (2) Each manager shall serve until a successor is elected or appointed.

(b)

  (1) Each year, the landowners shall meet to elect a successor to:

    (i) any manager whose term expired on or before the date of the meeting; and

    (ii) any manager who died or resigned since the last annual meeting.

  (2) A manager who is elected to fill a vacancy caused by death or resignation shall hold the office for the rest of the term.

(c)

  (1) The county commissioners or county council shall appoint an individual to fill a vacancy on the board of managers if:

    (i) the board of managers does not call an annual meeting of landowners; or

    (ii) the board of managers holds an annual meeting of landowners but a quorum is not present.

  (2) The county commissioners or county council may appoint a manager to fill a vacancy on the board of managers until the next annual meeting of landowners.

#### Section 26-304

The board of managers shall elect a chair and a secretary from among its members.

#### Section 26-305

An officer or director of a drainage association shall have the immunity from liability described in Sec. 5-508 of the Courts Article.

#### Section 26-306

The county commissioners or county council shall:

(1) retain the original petition and report approved under Sec. 26-206(b) of this title; and

(2) deliver a copy of the approved petition and report to the board of managers and the State Soil Conservation Committee in the Department of Agriculture.

#### Section 26-307

(a) The designated officer shall maintain a drainage file.

(b) The drainage file shall contain the petitions, motions, orders, reports, and other exhibits necessary for a complete record of the establishment of each drainage association in the county.

#### Section 26-308

(a) In January of each year, the board of managers shall call a meeting of the landowners.

(b)

  (1) At least 10 days before the meeting, the board of managers shall post a notice of the meeting at four public places in the vicinity of the drainage project.

  (2) The notice shall state the time, place, and purpose of the meeting.

(c) At the meeting, the landowners shall:

  (1) receive the annual report of the board of managers; and

  (2) transact any other business that may properly come before the landowners.

#### Section 26-309

(a) The board of managers may call a special meeting of landowners at any time.

(b)

  (1) At least 10 days before the meeting, the board of managers shall:

    (i) post a notice of the meeting at four public places in the vicinity of the drainage project; and

    (ii) mail a notice to:

      (1) each landowner;

      (2) the county commissioners or county council; and

      (3) the State Soil Conservation Committee in the Department of Agriculture.

  (2) The notice shall state the time, place, and purpose of the meeting.

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