# Local Government (GLG)

## Title 26. Public Drainage Associations

### Subtitle 4. Plan

#### Section 26-401

(a) The board of managers shall develop a plan for agricultural drainage and soil conservation to promote optimal crop production by establishing and maintaining drainage systems that promote public health, safety, and welfare.

(b) In developing the plan, the board of managers:

  (1) shall engage the services of private engineers; or

  (2) may use the services of planners and engineers of local, State, and federal units of government.

(c) A member or an agent of the board of managers or a member or an agent of the board of viewers:

  (1) may enter any land to make surveys and examinations for developing a plan; and

  (2) is liable for actual damage done to any land entered during a survey or examination.

#### Section 26-402

The plan developed under Sec. 26-401 of this subtitle shall include:

(1) the location of each proposed drainage project on a map, drawing, or aerial photograph;

(2) a general delineation of the boundaries of the area affected by the drainage association with the general location in the county affected;

(3) engineering plans in sufficient detail to describe the proposed project;

(4) a general delineation of the boundaries of each tract of land in the area affected by the drainage association, including an estimate of the acreage of each tract; and

(5) the total estimated construction cost of each proposed drainage project.

#### Section 26-403

(a) On completion of the plan, or on the acceptance of a previously completed plan, the board of managers shall call a meeting of the landowners to vote on the adoption of the plan for submission to the county commissioners or county council.

(b)

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

    (i) post a notice of the meeting in four public places in the area or vicinity of the area of the drainage association; and

    (ii) mail a notice to each landowner.

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

(c) At the meeting required under subsection (a) of this section:

  (1) each landowner is entitled to one vote; and

  (2) any landowner may vote by proxy if the proxy is dated, signed by the individual entitled to vote, and witnessed by at least one individual.

(d)

  (1) The board of managers shall determine whether to submit the plan to the county commissioners or county council for review and approval.

  (2) In making the determination, the board of managers shall consider:

    (i) the vote of each landowner;

    (ii) the probable apportionment of benefits to each landowner based on acreage;

    (iii) the location of the drainage project; and

    (iv) the extent of the benefits to the voter's land by the drainage project.

#### Section 26-404

(a)

  (1) If the board of managers decides to submit the plan to the county commissioners or county council, the board of managers shall submit three copies of the plan.

  (2) The county commissioners or county council shall forward a copy of the plan to the State Soil Conservation Committee in the Department of Agriculture.

(b) The board of managers shall include with the submission of the plan a statement that the board of managers has determined that the drainage project:

  (1) is feasible;

  (2) will benefit the public and promote public health, safety, and welfare; and

  (3) will produce sufficient benefits to warrant the expenditure.

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