# Natural Resources (GNR)

## Title 1. Department of Natural Resources

### Subtitle 1. Organization, Powers, and Duties of Department

#### Section 1-101

(a) There is a Department of Natural Resources, established as a principal department of the State government. The head of the Department is the Secretary of Natural Resources, who shall be appointed by the Governor with the advice and consent of the Senate. The Secretary shall be an individual with administrative ability, whose reputation and experience demonstrate his interest in the field of natural resources.

(b) It is the intention of the General Assembly, in providing for a Department of Natural Resources, to establish a State department which, in addition to its other functions, shall:

  (1) Review and evaluate all natural resources policies, plans, programs, and practices of State, county, regional, and federal agencies and institutions;

  (2) Coordinate natural resources activities within the State;

  (3) Be a center for collecting and organizing information on natural resources for the guidance of the Governor and the General Assembly; and

  (4) Otherwise unify, coordinate, and promulgate policies, plans, programs, and practices which insure the preservation, development, wise use, and enjoyment of all the natural resources for greatest benefits to the State and its citizens.

(c) The Secretary serves at the pleasure of the Governor. He is directly responsible to the Governor and shall counsel and advise him on all matters assigned to the Department. The Secretary is responsible for carrying out the Governor's policies in the areas of natural resources research and development, management, and administration. The Secretary shall receive the salary and have the assistants, employees, and professional consultants provided in the State budget.

(d)

  (1)

    (i) The Secretary is responsible for the operation of the Secretary's office and shall establish guidelines and procedures to promote its orderly and efficient administration.

    (ii) The Secretary may establish areas of responsibility within the Secretary's office and may reorganize or abolish them as necessary to fulfill the duties assigned to the Secretary.

    (iii) The Secretary may appoint such staff assistants as are necessary to administer these areas of responsibility.

  (2) The Secretary shall appoint, with the approval of the Governor, a deputy secretary who shall have the duties provided by law or delegated by the Secretary. The deputy secretary is in the executive service of the State Personnel Management System, serves at the pleasure of the Secretary, and shall receive the compensation provided in the State budget. All assistant secretaries, staff assistants, and professional consultants are in the executive service, management service, or are special appointments in the State Personnel Management System and are appointed by and serve at the Secretary's pleasure. Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor's approval.

  (3) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article. The Secretary may delegate his authority to appoint or remove personnel of any unit to the administrator of the unit.

(e) The Attorney General is the legal adviser to the Department. The Attorney General shall assign the number of assistant Attorneys General authorized by law to be assigned to the units of the Department. One of the assistant Attorneys General shall be designated by the Attorney General as counsel to the Department of Natural Resources. The counsel to the Department shall have no other duty than to render, subject to the discretion and control of the Attorney General, the legal aid, advice, and counsel required by the Secretary and the other officials of the Department and, also subject to the discretion and control of the Attorney General, to supervise the other assistant Attorneys General assigned to the Department. After the Attorney General has designated an assistant Attorney General to serve as counsel to the Department of Natural Resources, the Attorney General may not reassign the counsel without consultation with the Secretary. This subsection does not apply to any unit of government within the Department of Natural Resources if the unit is authorized by law to employ its own legal adviser or counsel.

#### Section 1-102

(a) The Department shall include all units, programs, boards, commissions, and advisory boards and commissions referenced in this article.

(b) The following units are also included in this Department:

  (1) The Maryland Membership Unit of the Interstate Commission of the Potomac River Basin;

  (2) The Maryland Membership Unit of the Susquehanna River Basin Commission;

  (3) The Maryland Membership Unit of the Atlantic States Marine Fisheries Commission;

  (4) The Maryland Membership Unit of the Potomac River Fisheries Commission;

  (5) The Maryland Membership Unit of the Interstate Oil and Gas Compact Commission; and

  (6) The Maryland Membership Unit of the Interstate Mining Commission.

(c)

  (1) Unless otherwise provided by this article, each advisory commission created by law consists of five members appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.

  (2)

    (i)

      (1) Subject to subsubparagraph 2 of this subparagraph, the Wildlife Advisory Commission is composed of 10 members appointed by the Governor.

      (2) The Governor shall appoint one member who is an academic researcher with expertise in wildlife biology, wildlife conservation, wildlife management, or ecology.

    (ii)

      (1) The Governor shall solicit nominations for vacancies on the Wildlife Advisory Commission from individuals or organizations that promote the future of hunting and individuals or organizations that promote the preservation of wildlife in the State, with geographical distribution being a prime consideration for filling vacancies.

      (2) There shall be representation from:

      (A) The farming community;

      (B) The hunting community;

      (C) The wildlife preservation community; and

      (D) The passive wildlife recreation community.

    (iii) The term of a member is 4 years.

    (iv) A member may not serve more than 2 terms on the Commission.

    (v) The terms of members are staggered so that:

      (1) 3 shall end in 2023;

      (2) 3 shall end in 2024;

      (3) 3 shall end in 2025; and

      (4) 1 shall end in 2028.

    (vi) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

    (vii) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (3) A member shall be knowledgeable in the area of interest of the advisory commission on which he serves.

  (4) Each advisory commission shall advise the Secretary or the administration of the appropriate Department unit, pursuant to rules and regulations the Secretary adopts.

  (5) The members of each advisory commission annually shall elect a chairman of the commission and may adopt procedures to conduct its meetings.

  (6) An advisory commission member receives the compensation provided in the Department budget. Every member shall be reimbursed for necessary travel expenses incurred in performing any official duty, pursuant to rules and regulations the Secretary adopts.

(d) In addition to any advisory body established by law, the Secretary, with the Governor's approval, may create administratively any advisory unit of a size and tenure the Secretary deems appropriate.

(e) If any provision of this article as it affects the Maryland membership unit of any interstate agency is inconsistent with any interstate compact to which Maryland is a party, the provision of this article does not apply to that unit to the extent of the inconsistency.

#### Section 1-103

(a) The Secretary is responsible for the coordination and direction of comprehensive planning in the area of natural resources. In addition, he shall be apprised in full of plans, proposals, projects, and programs of the units within the Department, and may approve, disapprove, or modify any plan, proposal, project, or program, if that action approving, disapproving, or modifying plans, proposals, projects, or programs is not inconsistent with law.

(b)

  (1) The Secretary is responsible for the budget of his office and for the budgets of the units within the Department.

  (2)

    (i) Unless otherwise authorized by statute, the Secretary may use money in a fund or account created under this article for administrative expenses directly relating to the purposes of the Fund or account up to an amount calculated under a generally accepted methodology for determining indirect costs.

    (ii) The Secretary shall submit any changes to the methodology used under subparagraph (i) of this paragraph for review and comment to the House Appropriations Committee and the Senate Budget and Taxation Committee within 45 days before implementing the methodology.

(c) The Secretary may apply for, accept, and administer for the State any federal funds or appropriations of money for any purpose which may be hereinafter made out of the federal treasury by any act of the Congress.

#### Section 1-104

(a) The Secretary is responsible for the development of coordinated policies for the preservation, conservation, enhancement, wise use, and perpetuation of the natural resources of the State. He is responsible for the efficient coordination of all the natural resources activities of the State including the settlement of conflicts that may arise among units within the Department of Natural Resources. In the discharge of his responsibility the Secretary shall:

  (1) Provide a forum of communication among natural resources units and a source of information for the Governor and General Assembly as to the preservation, conservation, development, and use of all the State's natural resources;

  (2) Study and evaluate any plan, program, or activity or any combination of plans, programs, or activities within one or more of the units of the Department, and recommend any legislative, budgetary, or administrative changes to provide more effective administration, clarify responsibilities, terminate obsolete programs, establish desirable programs, or alter or amend programs to meet changed or changing conditions;

  (3) Review federal statutes, policies, programs, and activities which affect or may affect natural resources in the State and recommend to federal, State, and local agencies and institutions procedures for the coordination of these programs;

  (4) Study the natural resources activities of the subdivisions of the State and recommend procedures for coordination of the natural resources activities of the State and its subdivisions;

  (5) Maintain a catalog classified by use, of public land acquired or used in the preservation, conservation, development, management, or enjoyment of the natural resources; review and approve all plans and proposals of the units of the Department for the acquisition of additional land for such purposes, taking into account public land owned and managed for identical or similar purposes by federal agencies and by counties, municipalities, and other political subdivisions of the State;

  (6) Establish and maintain, for the use of the Department, a natural resources library, cataloged according to a recognized library system and containing legal, scientific, and administrative reports, books, documents, photographs, records, and other information on the natural resources and natural resources administration; and

  (7) Provide technical assistance to other State units, counties, municipalities, corporations, organizations, groups, and individuals in planning, organizing, and conducting leisure activities and recreation programs.

(b) The Secretary shall represent the Department at hearings or meetings of the Congress of the United States and the General Assembly of Maryland, State and interstate conferences, and at local meetings or hearings pertaining to any matter of concern to the Department.

(c) The Secretary may transfer, assign or reassign any function or activity of any unit within the Department, together with the staff, funds and equipment associated with that function or activity, either to the office of the Secretary or to any other unit within the Secretary's jurisdiction, in order to increase efficiency and economy in administering natural resources in the State. Whenever the Secretary believes any transfer of function or activity renders misleading or inadequate the name of any unit within the Department as enumerated in Sec. 1-102 of this subtitle, he, with the Governor's approval, may assign a new name or names to the affected unit. If this is done, the Secretary shall cause to be submitted to the next ensuing session of the General Assembly a legislative proposal for appropriate amendment of Sec. 1-102 of this subtitle.

(d) The Secretary shall publish books, pamphlets, maps, and other materials on the subject of natural resources and encourage and assist the Department's units in the preparation of these materials for publication. He shall maintain a supply of the publications and other materials for sale at cost to schools, libraries, and the general public, and establish policies for the Department on the gratuitous distribution of publications issued by the Department and its member units.

(e) The Secretary shall publish for calendar year 2015 and each subsequent calendar year a report which shall include, but not be limited to, the following:

  (1) A review of studies, deliberations, conclusions, and recommendations of the Department;

  (2) The annual reports submitted by the separate units within the Department which shall be edited by the Secretary's staff; and

  (3) A review of other natural resources activities of interest or concern to the State and its citizens.

(f) Every unit in the Department shall report to the Secretary as provided in the rules and regulations promulgated by the Secretary.

(g) The Secretary is responsible for promulgating rules and regulations for the Department. He shall review and have the power to approve, disapprove, issue, or revise the rules and regulations of every unit of the Department.

(h)

  (1) The authority, powers, duties, and functions granted to the Secretary or the Department shall be exercised and performed by the Secretary or by any unit or official within the Department designated by the Secretary.

  (2)

    (i) The Secretary may delegate to a person the authority to issue licenses pertaining to fishing or hunting.

    (ii) The Secretary may not delegate the authority to issue a fishing or hunting license to a clerk of a circuit court.

(i) The office of Secretary of Natural Resources shall have a seal for purposes of authentication of copies of records or papers in his office.

(j) The Secretary may exercise or perform any power, duty, responsibility, or function which any of the following units, or their successors, may exercise or perform: the Maryland Geological Survey, the Wildlife Administration, the Natural Resources Police Force, the Forest and Park Service, the Water Resource Administration, the Energy Administration, and the Tidewater Administration.

(k) At least 45 days before the Department seeks approval by the Board of Public Works of the purchase of any interest in land for which the State contribution to the purchase exceeds $2,000,000, the Secretary shall provide the Senate Budget and Taxation Committee and the House Appropriations Committee with:

  (1) A description of the proposed purchase;

  (2) A description of the interest the Department will hold in the property; and

  (3) A listing of the proposed sources of money to be used for the purchase.

(l) For fiscal year 2007, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation in an amount equal to at least $88,000 for the Department to maintain a natural resources library as required under subsection (a)(6) of this section.

#### Section 1-105

The Secretary may create or dissolve an advisory board for the Department of Natural Resources. The advisory board shall be of the size as determined by the Secretary, and the members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned.

#### Section 1-106

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

(b) "Active duty" has the meaning stated in Sec. 9-901 of the State Government Article.

(c) "Active service member" has the meaning stated in Sec. 9-901 of the State Government Article.

(d) "Armed forces" has the meaning stated in Sec. 9-901 of the State Government Article.

(e) "Informational meeting" means a meeting, open to the public, at which the applicant or the Department of Natural Resources presents information concerning a permit or certificate application. An informational meeting is not a contested case hearing nor an agency hearing under Sec. 10-202(d) of the State Government Article.

(f) "Public hearing" means a meeting, open to the public, at which the Department of Natural Resources receives oral and written comments concerning a decision to issue or deny a permit or certificate. A public hearing is not a contested case hearing nor an agency hearing under Sec. 10-202(d) of the State Government Article.

(g) "Service member" has the meaning stated in Sec. 9-901 of the State Government Article.

(h) "Uniformed services" has the meaning stated in Sec. 9-901 of the State Government Article.

(i) "Veteran" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 1-107

(a)

  (1) This section applies to employees commissioned as law enforcement officers of the State Forest and Park Service.

  (2) This section does not apply to Natural Resources police officers.

(b)

  (1) Notwithstanding any other provision of law, the Secretary may appoint without examination:

    (i) A law enforcement officer who holds a commissioned rank to the rank of Major; and

    (ii) A law enforcement officer who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.

  (2) A law enforcement officer appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.

  (3) Notwithstanding any other provision of law, on termination of an appointment under this subsection, the Secretary may:

    (i) Return the law enforcement officer to the rank that the law enforcement officer held before the appointment; or

    (ii) Promote the law enforcement officer to a higher rank to which the law enforcement officer became eligible for promotion during the appointment.

(c) In cases of inconsistency between this section and the provisions of the State Personnel and Pensions Article, the provisions of this section shall control as to all matters relating to the appointment of a law enforcement officer of the Department to the rank of Major or Lieutenant Colonel.

#### Section 1-108

In any report issued under this title, the Department may:

(1) Include recommendations for statutory and budgetary proposals to:

  (i) Promote public awareness of the benefits of conserving fisheries and wildlife in the State; and

  (ii) Reduce the incidence of violations of State conservation laws; and

(2) Submit the report to the Governor and, subject to Sec. 2-1257 of the State Government Article, the General Assembly.

#### Section 1-109

(a)

  (1) In this section, "real property interest" means a nonleasehold interest in real property.

  (2) "Real property interest" includes a fee simple acquisition interest, conservation easement interest, or another perpetual easement interest.

(b)

  (1) The Department shall negotiate the acquisition of real property interests for open space, recreation, conservation, and other purposes under this article.

  (2) Unless otherwise approved by the Board of Public Works, the Department shall make each acquisition under this subsection in the name of the State to the use of the Department.

  (3)

    (i) After acquiring a fee simple interest under this section, the Department shall include a request for funds in its annual budget request to the Department of Budget and Management to create new permanent, classified positions to manage and administer the fee simple interest.

    (ii) The request for funds shall be:

      (1) Based on the most recent data provided by the Department in the open space report required by Chapter 584 of the Acts of the General Assembly of 1995; and

      (2) Calculated using the ratio of at least one permanent, classified position per 400 acres of newly acquired fee simple interests.

(c)

  (1) Except for a real property interest that is acquired by gift and subject to paragraph (2) of this subsection, before a real property interest is acquired from a private owner, the Department shall obtain two independent appraisals of the property.

  (2) The Department, with the approval of the Board of Public Works, may develop and utilize an easement valuation system to value conservation easement interests.

(d)

  (1) Except for a real property interest that is acquired by gift, a contract for the acquisition of a real property interest under this section shall be approved, and may be executed, by the Board of Public Works.

  (2) At least 40 days before the Board of Public Works may act on a real property interest acquisition under this section, the Department shall give written notice of a potential acquisition of a real property interest:

    (i) To the governing body of the county in which the real property interest is located; and

    (ii) If the real property interest is located within a municipal corporation, to the governing body of the municipal corporation.

  (3) Within 30 days after receiving notice under this subsection, the governing body may submit written comments to the Department.

(e) The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of a real property interest under this section.

(f)

  (1) Subject to paragraphs (2), (3), and (4) of this subsection, the Department may dispose of a real property interest owned and managed by the Department as consideration for the acquisition of a real property interest not owned by the Department.

  (2) Except as provided in paragraph (3) of this subsection, in implementing this subsection, the Department shall comply with the procedures established under Title 5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article.

  (3)

    (i) The Department may dispose of a real property interest owned by the State for the use and benefit of the Department in exchange for a privately owned real property interest without complying with the procedures established under Sec.Sec. 5-301 through 5-311 or Sec.Sec. 10-301 through 10-309 of the State Finance and Procurement Article, if:

      (1) The privately owned real property interest subject to the exchange is adjacent to the real property interest owned by the State for the use and benefit of the Department;

      (2) The real property interest owned by the State for the use and benefit of the Department and subject to the exchange is adjacent to the privately owned real property interest;

      (3) The real property interest owned by the State and subject to the exchange does not exceed 5 acres in size; and

      (4) The owner of the privately owned real property interest requesting the exchange pays all costs associated with the exchange of the real property interest, including legal fees and boundary relocation, surveying, engineering, and recordation costs.

    (ii) Prior to a real property interest exchange under this paragraph, the Department shall:

      (1) Notify in writing by electronic mail or first-class mail:

      (A) Owners of property adjacent to the privately owned real property interest subject to the exchange;

      (B) The General Assembly members who represent the legislative district in which the real property interest exchange is located; and

      (C) The governing body of the county in which the real property interest exchange is located; and

      (2) Refer the proposed exchange to the Board of Public Works for final disposition.

  (4) The Department may not dispose of a conservation easement interest under this subsection.

(g) The Board of Public Works may exempt projects under this section from the provisions of this section.

(h)

  (1) The Department shall adopt regulations to implement this section.

  (2) The regulations adopted under paragraph (1) of this subsection shall include a system for appraisal review developed by the Department in consultation with the Department of General Services.

#### Section 1-109.1

(a) In this section, "Program" means the Land and Property Management Program.

(b) There is a Land and Property Management Program in the Department.

(c) The purpose of the Program is to process real property transactions that involve property owned by the Department.

(d) The Program is responsible for:

  (1) Processing lease agreements, easements, and other property-related documents; and

  (2) Facilitating issuing leases for Department housing to Department employees in accordance with the Department's residential housing policy.

#### Section 1-110

(a) The Department may enter into partnerships, through formal contracts or memoranda of understanding, with private sector organizations with experience in carbon offset markets or programs in order to:

  (1) Create statewide or regional partnerships for the purpose of minimizing the costs and maximizing the benefits of enrolling private and public lands in carbon offset markets; and

  (2) Assist private landowners with the aggregation of projects to make the projects more saleable in carbon offset market programs.

(b) To learn about establishing and verifying carbon credits, on or before July 1, 2024, the Department, in consultation with appropriate experts, shall begin implementation of, or otherwise support:

  (1) At least one carbon offset project on State land; and

  (2) At least one carbon offset project in a marine or estuarine habitat.

### Subtitle 2. Natural Resources Police Force

#### Section 1-201

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

(b) "Civilian classification" means the position held by a civilian employee.

(c) "Civilian employee" means an employee of the Natural Resources Police Force other than a Natural Resources police officer.

(d)

  (1) "Commissioned rank" means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel.

  (2) "Commissioned rank" does not include the Secretary.

(e) "Grade" means the status of Natural Resources police officers who have the same primary areas of duty and responsibility within a rank.

(f) "Natural Resources police officer" means an employee of the Natural Resources Police Force to whom the Secretary assigns police powers under Sec. 1-204 of this subtitle.

(g)

  (1) "Noncommissioned rank" means a rank other than a commissioned rank.

  (2) "Noncommissioned rank" does not include the Secretary.

(h) "Rank" means the status, established by rule, of police employees who have the same relative position in the chain of command.

(i)

  (1) "Rule" means a rule, an order, or any other directive adopted by the Secretary under this subtitle.

  (2) "Rule" does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.

#### Section 1-201.1

The General Assembly finds that:

(1) The consumptive nature of an expanding population poses a clear and present threat to the long-term viability of the fisheries and wildlife of the State;

(2) An increased understanding by citizens of the intrinsic value of the fisheries and wildlife of the State will help to ensure the perpetuation of these coveted natural resources for the benefit of future generations;

(3) The responsibility for protecting the natural resources of the State is vested in the Natural Resources Police Force within the Department;

(4) Budgetary reductions attributable to a lingering economic recession have reduced the number of conservation law enforcement personnel to the measurable detriment of the natural resources of the State;

(5) Entrusting the enforcement of State conservation laws to the Natural Resources Police Force, coupled with increasing the homeland security responsibilities of the Natural Resources Police Force, requires an investment that is commensurate with the level of protection the public considers appropriate;

(6) A diminishing enforcement presence on land and on the waterways correlates to an increasing number of violations of State conservation laws and an erosion of the protections afforded to citizens by the public trust doctrine, which sets forth the responsibility of the government to administer, protect, manage, and conserve fish and wildlife; and

(7) The prevalence of violations of State conservation laws presents a significant problem that warrants an enhanced investment in conservation law enforcement by:

  (i) Increasing the presence of Natural Resources Police Force personnel on land and on the waterways through the use of present and future revenue sources; and

  (ii) Ensuring that the Natural Resources Police Force is properly equipped with the equipment, vehicles, and boats necessary to comply with its statutory mandate.

#### Section 1-201.2

(a) There is a Natural Resources Police Force in the Department that serves as a public safety agency with statewide authority to enforce conservation, boating, and criminal laws.

(b) The responsibilities of the Natural Resources Police Force include:

  (1) Providing maritime and rural search and rescue services;

  (2) Providing public education in hunting, boating, and water safety;

  (3) Providing primary law enforcement services for State parks, State forests, wildlife management areas, and public lands owned and managed by the Department; and

  (4) Serving as the lead agency for maritime homeland security on State waterways.

#### Section 1-202

The Secretary is responsible for the enforcement of all natural resource laws of the State, including any rules and regulations adopted pursuant to this article.

#### Section 1-203

(a)

  (1) The Secretary shall, within the limits of any appropriation made for this purpose, appoint Natural Resources police officers as the Secretary deems necessary for the efficient administration of the Natural Resources Police Force.

  (2) Each appointee to the Natural Resources Police Force shall have the character, education, and other qualifications established by the Secretary under this subtitle.

  (3)

    (i) When the Department advertises for or recruits new Natural Resources police officers, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals who are underrepresented in the Natural Resources police workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals.

    (ii) The Secretary may contract with an outside vendor to assist in carrying out subparagraph (i) of this paragraph.

(b) The Secretary shall issue to each person appointed as a Natural Resources police officer a commission and badge stating "Natural Resources Police Officer".

(c) Except when on detective duty, every Natural Resources police officer shall wear in plain view a "Natural Resources Police Officer" badge when acting in an official capacity.

(d) The badge is property of the State, and upon the termination of a commission of any Natural Resources police officer, it shall be returned with the commission to the Secretary.

(e)

  (1) All Natural Resources police officers, including persons appointed for training prior to regular assignment as a Natural Resources police officer, shall remain in a probationary status for a period of 2 years from the date of initial appointment to the Natural Resources Police Force.

  (2) The Secretary may discharge an employee in probationary status for any cause which is deemed sufficient in the sole discretion of the Secretary.

(f)

  (1) In cases of inconsistency between this subtitle and the provisions of the State Personnel and Pensions Article, the provisions of this subtitle shall control as to all matters relating to the Natural Resources Police Force.

  (2) Except as expressly provided in this subtitle, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of Natural Resources police officers.

  (3) Except as expressly provided in this subtitle, the compensation, civilian classification, and status of civilian employees of the Natural Resources Police Force shall be determined in accordance with the State Personnel and Pensions Article.

(g)

  (1) The Natural Resources Police Force shall take all necessary actions to pursue diversity within its sworn and civilian ranks so that it reflects the demographics of the State to the extent practicable, including:

    (i) Expanding and diversifying the Maryland Natural Resources Police Academy applicant pool by:

      (1) Strengthening the Natural Resources Police Cadet Program; and

      (2) Increasing recruiting efforts at historically black colleges and universities; and

    (ii) Establishing a diversity study group to:

      (1) Review departmental recruitment procedures;

      (2) Identify barriers to diverse employment within the ranks of the Natural Resources Police Force; and

      (3) Propose corrective actions.

  (2)

    (i)

      (1) The Natural Resources Police Force shall develop an action plan to diversify its workforce based on recommendations by the diversity study group established under paragraph (1) of this subsection.

      (2) The Secretary shall ensure that all hiring and promotion is consistent with the action plan developed under this subparagraph.

      (3) The Department shall:

      (A) Publish the action plan developed under this subparagraph on its website; and

      (B) At least every 3 years, evaluate and update the action plan developed under this subparagraph.

    (ii) On or before December 1, 2022, the Natural Resources Police Force shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the action plan required under subparagraph (i) of this paragraph, including:

      (1) Specific and measurable goals for achieving diversity among its sworn and civilian employees, including a date or dates by which the Natural Resources Police Force shall meet the goals;

      (2) A demographic breakdown of the following for the Natural Resources Police Force for the immediately preceding 3 calendar years:

      (A) Sworn and civilian employees;

      (B) Attrition rate;

      (C) Managerial and leadership positions;

      (D) Maryland Natural Resources Police Academy classes; and

      (E) Disciplinary action for sworn and civilian employees;

      (3) A plan to promote diversity among managerial and leadership positions;

      (4) The frequency with which the Natural Resources Police Force offers diversity- and implicit bias-related training to its sworn and civilian employees and in Maryland Natural Resources Police Academy classes;

      (5) A plan to address implicit bias among its sworn and civilian employees;

      (6) A plan to promote diversity in recruitment and retention efforts, including efforts to recruit from historically black colleges and universities;

      (7) The number of reported incidents of racially insensitive behavior in the immediately preceding 3 calendar years; and

      (8) Current disciplinary policies related to improper social media usage and otherwise racially insensitive or otherwise discriminatory actions, and plans to strengthen these policies in the future.

#### Section 1-203.1

(a) In this section, "obsolete rank" means a rank designated by the Secretary to which no further promotions will be made.

(b) The Secretary shall make all promotions.

(c)

  (1) Promotion to a rank shall be made in the manner required by rule.

  (2) For a noncommissioned rank that has fewer than 25 Natural Resources police officers, the Secretary by rule may direct that it is unnecessary to fill the noncommissioned rank for purposes of promotion.

  (3)

    (i) This paragraph does not apply to a rank that requires technical knowledge.

    (ii) Except as provided in subsection (d) of this section, a Natural Resources police officer may not be appointed or promoted to a rank unless the officer:

      (1) Is bypassing an obsolete rank and currently fills the rank immediately below the obsolete rank; or

      (2) Has filled the rank immediately below the rank to which the officer is to be promoted.

(d)

  (1) Notwithstanding any other provision of law, the Secretary may appoint without examination:

    (i) A Natural Resources police officer who holds a commissioned rank to the rank of Major; and

    (ii) A Natural Resources police officer who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.

  (2) A Natural Resources police officer appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.

  (3) Notwithstanding any other provision of law, on termination of an appointment under this subsection, the Natural Resources police officer may:

    (i) Return to the rank held before the appointment; or

    (ii) Be promoted to a higher rank to which the officer became eligible for promotion during the appointment.

(e) An incumbent Natural Resources police officer in an obsolete rank remains in that rank until promoted, demoted, retired, or terminated.

(f) Promotions of civilian employees of the Natural Resources Police Force shall be made in accordance with the State Personnel and Pensions Article.

#### Section 1-204

(a) In addition to any other powers conferred by this title, the Secretary and every Natural Resources police officer shall have all the powers conferred upon police officers of the State. These powers may be exercised anywhere within the State. The Natural Resources Police Force specifically is charged with enforcing the natural resource and conservation laws of the State.

(b) Every Natural Resources police officer appointed under Sec. 1-203 of this subtitle shall perform duties the Secretary designates.

(c) Any law enforcement employee of the Department of Natural Resources who works overtime for any reason, whether or not the employee receives monetary payment for that overtime work, shall be considered to be employed by this State during those hours for purposes of all other employee entitlements.

#### Section 1-205

(a) If a Natural Resources police officer apprehends a person for violating any law punishable as a misdemeanor, the officer may prepare a written or electronic citation containing:

  (1) A notice to appear in court;

  (2) The name and address of the person charged;

  (3) Relevant license numbers, if any;

  (4) The offense charged;

  (5) The time and place the person shall appear in court;

  (6) An acknowledgment of receipt of the citation by the person charged made in a manner determined by the Department; and

  (7) Other pertinent information required by the Secretary.

(b)

  (1) The person charged may promise to appear in court by acknowledging receipt of the citation prepared by the officer in a manner determined by the Department.

  (2) If the person charged acknowledges receipt of the citation, the officer is not required to take the person into physical custody for the violation unless:

    (i) The person charged does not furnish satisfactory evidence of identity; or

    (ii) The officer has reasonable grounds to believe the person charged will not appear.

(c) A person may not fail to comply with a notice to appear in a citation issued under this section unless:

  (1) Sufficient collateral for the offense is posted;

  (2) The fine is paid in advance of trial; or

  (3) The person is represented by counsel in court.

(d)

  (1) If a person fails to comply with the notice to appear in a citation issued under this section, the court may:

    (i) Except as provided in paragraph (4) of this subsection, issue a warrant for the person's arrest; or

    (ii) After 5 days, notify the court's clerk of the person's noncompliance.

  (2) On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that a warrant for the person's arrest may be issued by the court unless, by the end of the 15th day after the date on which the notice is mailed, the person:

    (i) Pays the fine on the original charge as provided for in the original citations and a fine of $100 for failing to appear; or

    (ii) Posts bond or a penalty deposit and requests a new trial date.

  (3) If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant.

  (4) When the original offense is not punishable by incarceration, a warrant may not be issued for the person under this subsection until 20 days after the original trial date.

#### Section 1-206

A person may not willfully fail or refuse to comply with any lawful or reasonable order or direction of any Natural Resources police officer or any law enforcement officer in connection with the enforcement of any provisions of law required to be enforced by the Secretary or the Department.

#### Section 1-207

A person may not falsely represent himself as being a Natural Resources police officer, with fraudulent design upon person or property, or to have, use, wear, or display, without authority of the Secretary, any uniform, shield, button, ornament, or shoulder patch of the Department, or to have any simulation or imitations of these articles for the purpose of deception.

#### Section 1-208

(a) Every sheriff and law enforcement officer has the powers of a Natural Resources police officer.

(b) Whenever the Secretary or any Natural Resources police officer requires the advice and assistance of the State's Attorneys, sheriffs of the several counties of the State or Baltimore City, or any law enforcement officer, these officers shall render the required assistance as in other State cases.

(c) The provisions of this section do not apply to the Sheriff of Baltimore County.

#### Section 1-209

(a) Any person who violates any provision of this subtitle is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court.

(b) Any violation of any rule or regulation, or restriction promulgated pursuant to the provision of this subtitle, is a misdemeanor and is punishable as provided in subsection (a) of this section.

#### Section 1-210

(a)

  (1) When, in the opinion of the legally constituted authorities of Maryland, there has occurred on the waters of Maryland a violation of this article, or when, in the opinion of the legally constituted authorities of Virginia, there has occurred on the waters of Virginia a violation of the laws of Virginia enforceable under Sec. 28.2-900, Code of Virginia, the legally constituted authorities of the state in which the offense was committed may pursue the offender up to and across the Maryland-Virginia Boundary into the state in which the offender flees.

  (2) If a capture is made in continuous pursuit under the authority of paragraph (1) of this subsection, the offender, vessel, and property shall be dealt with as authorized by the laws of the state in which the offense was committed.

(b) This section shall be in effect for so long as the Commonwealth of Virginia has in force similar legislation authorizing legally constituted authorities of Maryland to pursue and make arrests in Virginia for violations of the Laws of Maryland.

#### Section 1-211

(a) On or before September 30 each year, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on information for the immediately preceding fiscal year relating to the enforcement of natural resources and conservation laws.

(b) The report submitted under subsection (a) of this section shall include:

  (1) The following information on a statewide basis:

    (i) With respect to the enforcement of State conservation laws:

      (1) The total number of inspections conducted, including the total number of inspections conducted per Natural Resources police officer;

      (2) The total number of citations and warnings issued; and

      (3) The total number of violations that led to a conviction;

    (ii) With respect to the enforcement of the State Boat Act, the total:

      (1) Number of inspections;

      (2) Number of citations and warnings issued, including operating-under-the-influence citations; and

      (3) Number of boating accidents, including the total number of fatalities and total dollar amount of resulting property damage; and

    (iii) With respect to activities reported to the Maryland Wildlife Crime Stoppers, the total number of:

      (1) Reported incidents, including the total number that led to formal charges and, if applicable, convictions; and

      (2) Rewards of financial compensation distributed, including the total dollar amount distributed; and

  (2) For each of the Eastern Region, Southern Region, Western Region, and Central Region, the following information:

    (i) The total number of inspections relating to each of the following:

      (1) Commercial fishing;

      (2) Recreational fishing;

      (3) Crabs;

      (4) Oysters;

      (5) Game and wildlife; and

      (6) Boating; and

    (ii) The total number of:

      (1) Oyster citations and warnings issued;

      (2) Operating-under-the-influence citations issued; and

      (3) Boating accidents, including the total number of fatalities and the total dollar amount of resulting property damage.

### Subtitle 2A. Abandoned, Lost, or Seized Personal Property

#### Section 1-2A-01

(a) Unless otherwise provided by law, the Department shall maintain custody of any abandoned, lost, or seized personal property that comes into the custody of the Department until the Department determines that the custody by the Department is not necessary to any investigation or prosecution.

(b) Unless otherwise provided by law, after a determination described under subsection (a) of this section, the Department shall return abandoned, lost, or seized personal property to the person who:

  (1) Establishes the person's right to possession of the abandoned, lost, or seized personal property; and

  (2) Gives a proper receipt for the abandoned, lost, or seized personal property.

(c)

  (1) Unless otherwise provided by law, if abandoned, lost, or seized personal property is in the custody of the Department for 6 months or custody by the Department is not necessary to any investigation or prosecution, the Department shall give notice by certified mail to the last known address of the person entitled to possession, if known.

  (2) Unless otherwise provided by law, if the person entitled to possession of the abandoned, lost, or seized personal property fails to respond to the notice described under this subsection within 30 days from the date the notice is mailed, the Department may dispose of the property in the best interest of the State.

### Subtitle 3. Maryland Environmental Policy Act

#### Section 1-301

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

(b) "Environmental effects report" means a report on each proposed State action significantly affecting the environment, natural as well as socioeconomic and historic.

(c) "Historic resources" means those resources included in the Maryland inventory of historic sites.

(d) "Proposed State action" means requests for legislative appropriations or other legislative actions that will alter the quality of the air, land, or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.

(e) "State agencies" includes the executive and administrative departments, offices, boards, commissions, and other units of the State government and any such bodies created by the State.

#### Section 1-302

(a) The General Assembly of Maryland finds and declares the facts and policies set forth in this section.

(b) The protection, preservation, and enhancement of the State's diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the State and is a matter of the highest public priority.

(c) All State agencies must conduct their affairs with an awareness that they are stewards of the air, land, water, living and historic resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations.

(d) Each person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to contribute to the protection, preservation, and enhancement of the environment.

(e) It is the continuing policy of the State to cooperate with the federal government, other state governments, the District of Columbia, the political subdivisions of the State, and other concerned public and private organizations and individuals, in a manner calculated to protect, preserve, and enhance the environment.

(f) The determination of an optimum balance between economic development and environmental quality requires the most thoughtful consideration of ecological, economic, developmental, recreational, historic, architectural, aesthetic, and other values.

(g) Beneficial environmental effects of proposed actions can be identified and measures devised to obtain these benefits if environmental evaluations are made a part of the decision-making process of the State.

(h) Adverse environmental effects of proposed actions can be anticipated, minimized, and often eliminated if environmental evaluations are made a part of the decision-making processes of the State.

(i) Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the State.

(j) The General Assembly has an obligation to the people of Maryland to review and evaluate proposed appropriations and other proposed legislation and the conduct of the State agencies in carrying out the policy set forth in this subtitle.

(k) The policies, rules, regulations, and public laws of the State shall be interpreted and administered in accordance with the policies set forth in this subtitle.

#### Section 1-303

All State agencies, except where existing law expressly prohibits, shall identify, develop, and adopt methods and procedures that will assure that:

(1) Environmental amenities and values are given appropriate consideration in planning and decision-making along with economic and technical considerations;

(2) Studies are undertaken to develop and describe appropriate alternatives to present policies, programs, and procedures that involve significant adverse environmental effects or unresolved conflicts concerning uses of available resources; and

(3) Planning and decision-making involving environmental effects are undertaken with the fullest practicable provision of timely public information and understanding and in coordination with public and private organizations and individuals with jurisdiction by law, special expertise, or recognized interest.

#### Section 1-304

(a) As of July 1, 1974, all State agencies shall prepare, in conjunction with each proposed State action significantly affecting the quality of the environment, an environmental effects report including, but not limited to, a discussion of:

  (1) The effects of the proposed action on the environment, including adverse and beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented;

  (2) Measures that might be taken to minimize potential adverse environmental effects and maximize potential beneficial environmental effects, including monitoring, maintenance, replacement, operation, and other follow-up activities; and

  (3) Reasonable alternatives to the proposed action that might have less adverse environmental effects or greater beneficial environmental effects, including, the alternative of no action.

(b) The Secretary of Natural Resources prior to December 31, 1973, shall issue guidelines to assist State agencies in the preparation of environmental effects reports in accordance with this subtitle and pursuant to the public notice provisions of Sec. 10-112 of the State Government Article, including, but not limited to, provision for:

  (1) Comment upon the proposed State action by public and private organizations and individuals with jurisdiction by law, special expertise, or recognized interest prior to the request for legislation;

  (2) The possibility of the preparation of single program environmental effects reports if a series of actions taken individually are of minimal significance but if the cumulative effect of the actions on the environment is significant or if a series of actions are related either geographically or as logical parts in a chain of contemplated actions;

  (3) The possibility of the preparation of modified environmental effects reports on remaining decisions significantly affecting the quality of the environment that are parts of actions begun before but not completed by July 1, 1974; and

  (4) The issuance of guidelines, in accordance with this subtitle and pursuant to the guidelines issued by the Secretary of Natural Resources, for the preparation of environmental effects reports by each State agency that takes actions that significantly affect the quality of the environment.

#### Section 1-305

This subtitle may be cited as the "Maryland Environmental Policy Act".

### Subtitle 4. General Provisions

#### Section 1-401

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in Sec. 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) A certificate of compliance with the Maryland Workers' Compensation Act; or

(2) The number of a workers' compensation insurance policy or binder.

#### Section 1-402

(a) A license or permit is considered renewed for purposes of this section if the license or permit is issued by a unit of State government to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license.

(b) Before any license or permit may be renewed under this article, the issuing authority shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.

#### Section 1-403

(a) Notwithstanding any other provision of this article, the Department may develop and implement an electronic system for the sale and issuance of licenses, permits, and registrations and the recording and releasing of security interests.

(b) The electronic system may include provisions for:

  (1) Recording titling and registration data;

  (2) Recording and releasing liens without the issuance of a security interest filing; and

  (3) Recording information relating to an application for a license, permit, or registration.

(c) The Department shall develop the electronic system consistent with the statewide information technology master plan developed under Title 3.5, Subtitle 3 of the State Finance and Procurement Article.

(d)

  (1) Subject to subsection (g) of this section, the Department shall establish a process through which an individual who purchases an angler's license, a Chesapeake Bay and coastal sport fishing license, or a hunting license and any corresponding stamps through the electronic system may make a voluntary monetary donation to the Healing Hunting and Fishing Fund at the time of purchase.

  (2) The Department shall collect the donations received under paragraph (1) of this subsection and deposit them into the Healing Hunting and Fishing Fund.

(e)

  (1) Subject to subsection (g) of this section, the Department shall establish a process through which an individual who purchases a license, permit, or registration through the electronic system may make a voluntary monetary donation to the Chesapeake Bay Trust and the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund at the time the license, permit, or registration is purchased.

  (2) The Department shall:

    (i) Collect any donations made under this subsection; and

    (ii) Distribute the proceeds of the donations as follows:

      (1) 50% to the Chesapeake Bay Trust established under Sec. 8-1902 of this article; and

      (2) 50% to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund established under Sec. 8-2A-02 of this article.

  (3)

    (i) The Chesapeake Bay Trust may use the funds it receives under this subsection only to provide grants and other resources to nonprofit organizations, community associations, civic groups, schools, or public agencies for projects to enhance or promote:

      (1) Public education, including the publication or production of educational materials, concerning the Chesapeake Bay, the Maryland coastal bays, the Youghiogheny watershed, and other natural resources;

      (2) The preservation or enhancement of water quality and fish or wildlife habitat;

      (3) The restoration of aquatic or land resources;

      (4) Reforestation; and

      (5) Training in environmental studies or enhancement.

    (ii) Funds distributed to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund may be used to provide financial assistance necessary to advance Maryland's progress in meeting the goals established in the 2014 Chesapeake Bay Watershed Agreement and to restore the health of the Atlantic Coastal Bays by focusing on nonpoint source pollution control projects, as authorized under Title 8, Subtitle 2A of this article.

  (4) On or before December 1 each year, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the collection, distribution, and expenditure of any voluntary monetary donations made under this subsection in the previous fiscal year.

(f)

  (1) Subject to subsection (g) of this section, the Department shall establish a process through which an individual who purchases an angler's license or a Chesapeake Bay and coastal sport fishing license through the electronic system may make a voluntary monetary donation to the Black Bass Conservation Fund at the time of purchase.

  (2) The Department shall collect the donations received under paragraph (1) of this subsection and deposit them into the Black Bass Conservation Fund, established under Sec. 4-209.1 of this article.

(g) The donation process established under subsections (d), (e), and (f) of this section:

  (1) Shall be made available only to an individual purchasing directly through the electronic system;

  (2) May not be made available to an individual purchasing through an authorized vendor; and

  (3) Shall be limited to providing not more than two options to which an individual may make a monetary donation.

(h) The Department may adopt regulations to:

  (1) Implement the electronic system authorized under this section; and

  (2) Determine the appropriate fee levels that may be charged by a vendor and by the Department for the electronic transmission service.

#### Section 1-403.1

(a)

  (1) Except as provided under paragraph (2) of this subsection, the Department shall make available and, on request, issue any license, stamp, permit, registration, or certificate authorized under this article in a digital or electronic format.

  (2) The Department is not required to issue the following licenses, stamps, permits, registrations, or certificates in a digital or electronic format:

    (i) A charter boat license issued under Sec. 4-745(d)(1) of this article;

    (ii) A special Chesapeake and coastal sport fishing license issued under Sec. 4-745(d)(2) of this article;

    (iii) A certificate of boat number issued under Sec. 8-712(d) of this article;

    (iv) A hull identification number issued under Sec. 8-711 of this article;

    (v) A vessel sticker issued under Sec. 8-712.1(d) of this article;

    (vi) A vessel certificate of title issued under Sec. 8-715 of this article;

    (vii) A historical watercraft identification plaque issued under Sec. 8-737(c) of this article;

    (viii) An ORV registration sticker issued under Department regulations;

    (ix) A recreational crabbing boating decal issued under Department regulations;

    (x) A crabbing charter decal issued under Department regulations;

    (xi) A controlled water ski sticker issued under Department regulations;

    (xii) A Deep Creek Lake buffer strip use permit issued under Department regulations; and

    (xiii) A personal watercraft sticker issued under Department regulations.

(b)

  (1) Except as provided under paragraphs (2) and (3) of this subsection, an individual may satisfy any requirement under this article to possess or display a license, stamp, permit, registration, or certificate issued under this article by possessing or displaying the document in a digital or electronic format as provided by the Department.

  (2) Paragraph (1) of this subsection does not apply to a license, stamp, permit, registration, or certificate listed in subsection (a)(2) of this section.

  (3) Notwithstanding paragraph (1) of this subsection, an individual is still required to attach, affix, or display numbers, stickers, or decals associated with a license, stamp, permit, registration, or certificate on a vehicle, vessel, dock, or gear as required under this article or Department regulations.

#### Section 1-404

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Administrator" means the final authority in the decision making process for accepting land into a land conservation program in the Department of Natural Resources.

  (3) "Conservation easement" means an easement held or co-held by the Department of Natural Resources or the Maryland Environmental Trust.

  (4) "Land conservation program" includes the Maryland Environmental Trust, Program Open Space, and the Rural Legacy Program.

  (5) "Project" means an acquisition or development project under Program Open Space, in accordance with Title 5, Subtitle 9 of this article.

  (6) "Protected land" means land that is protected by a land conservation program.

  (7) "Rural Legacy Area" has the meaning stated in Sec. 5-9A-02 of this article.

(b) This section applies to applications affecting land that is protected by a program within the Department of Natural Resources, including land that is:

  (1) Subject to a conservation easement within a designated Rural Legacy Area;

  (2) Subject to a conservation easement held by the Maryland Environmental Trust; or

  (3) Subject to a conservation easement funded under Program Open Space.

(c) If the administrator of a land conservation program has not approved the use for the land for which an application is made, a county or municipal corporation may deny an application for:

  (1) A subdivision plat or plan;

  (2) A residential building permit; or

  (3) Any other nonagricultural use or activity, including an access road.

(d) This section may not be construed to limit the authority of a county to grant or deny an application for a land use permit.

#### Section 1-405

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Eligible sponsor organization" means a nonprofit charitable organization that provides any of the following opportunities for Gold Star recipients, disabled veterans or other veterans who could benefit from one of the opportunities provided, disabled service members or other service members who could benefit from one of the opportunities provided, or permanently disabled persons who require the use of a wheelchair:

    (i) Recreational hunting or fishing, including providing at no cost:

      (1) An angler's license and trout stamps;

      (2) A Chesapeake Bay and coastal sport fishing license; or

      (3) A hunting license and any corresponding stamps;

    (ii) Recreational water activities;

    (iii) Other recreational outdoor activities;

    (iv) Therapeutic outdoor activities; or

    (v) Workforce training for green jobs, including outdoor agricultural jobs.

  (3) "Gold Star recipient" means a recipient of the U.S. Department of Defense Gold Star for surviving spouses, parents, and next of kin of members of the armed forces who lost their lives in combat.

(b)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph, the Chesapeake Bay Trust may use the Healing Hunting and Fishing Fund established under subsection (d) of this section to make grants to eligible sponsor organizations.

    (ii) In awarding a grant to an eligible sponsor organization that provides opportunities that the eligible sponsor organization believes benefit veterans or service members, the Chesapeake Bay Trust shall determine whether the opportunities provided by the eligible sponsor organization will, in fact, benefit veterans or service members.

  (2) A grant awarded under this subsection may be used only to pay capital, operational, or programming costs incurred by an eligible sponsor organization in providing any of the following opportunities:

    (i) Recreational hunting or fishing, including providing at no cost:

      (1) An angler's license and trout stamps;

      (2) A Chesapeake Bay and coastal sport fishing license; or

      (3) A hunting license and any corresponding stamps;

    (ii) Recreational water activities;

    (iii) Other recreational outdoor activities;

    (iv) Therapeutic outdoor activities; or

    (v) Workforce training for green jobs, including outdoor agricultural jobs.

(c) The Department shall adopt regulations to implement this section, including regulations establishing eligibility requirements for applicants for grants to eligible sponsor organizations.

(d)

  (1) In this subsection, "Fund" means the Healing Hunting and Fishing Fund.

  (2) There is a Healing Hunting and Fishing Fund.

  (3) The purpose of the Fund is to provide any of the following opportunities for Gold Star recipients, disabled veterans or other veterans who could benefit from one of the opportunities, disabled service members or other service members who could benefit from one of the opportunities, and permanently disabled persons who require the use of a wheelchair:

    (i) Recreational hunting or fishing, including providing at no cost:

      (1) An angler's license and trout stamps;

      (2) A Chesapeake Bay and coastal sport fishing license; or

      (3) A hunting license and any corresponding stamps;

    (ii) Recreational water activities;

    (iii) Other recreational outdoor activities;

    (iv) Therapeutic outdoor activities; or

    (v) Workforce training for green jobs, including outdoor agricultural jobs.

  (4) The Chesapeake Bay Trust shall administer the Fund.

  (5)

    (i) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

    (ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

  (6) The Fund consists of:

    (i) Donations collected by the Department under Sec. 1-403(d) of this subtitle;

    (ii) Money appropriated in the State budget to the Fund; and

    (iii) Any other money from any other source accepted for the benefit of the Fund.

  (7) The Fund may be used only for grants to eligible sponsor organizations in accordance with subsection (b) of this section.

  (8)

    (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

    (ii) Any interest earnings of the Fund shall be credited to the General Fund of the State.

  (9) Expenditures from the Fund may be made only in accordance with the State budget.

  (10) Money expended from the Fund for grants to eligible sponsor organizations is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for any of the opportunities specified under subsection (b)(2) of this section that are provided to Gold Star recipients, disabled veterans or other veterans who could benefit from one of the opportunities, disabled service members or other service members who could benefit from one of the opportunities, or permanently disabled persons who require the use of a wheelchair.

#### Section 1-406

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Old-growth forest" means a forest:

    (i) At least 5 acres in size with a preponderance of old trees, of which the oldest exceed at least half the projected maximum attainable age for the species; and

    (ii) That exhibits several of the following characteristics:

      (1) Shade-tolerant species are present in all age and size classes;

      (2) Randomly distributed canopy gaps are present;

      (3) A high degree of structural diversity characterized by multiple growth layers reflecting a broad spectrum of ages is present;

      (4) An accumulation of dead wood of varying sizes and stages of decomposition accompanied by decadence in live dominant trees is present; and

      (5) Pit and mound topography can be observed.

  (3) "State conservation land" means:

    (i) State parks;

    (ii) Wildlife management areas; and

    (iii) Natural resources management areas.

(b) Whenever the Department identifies an old-growth forest on State conservation land, the land shall be managed in a manner that prohibits logging.

(c) Nothing in this section may be interpreted to prohibit the Department from taking actions to protect old-growth forest from fire, animals, insects, disease, and erosion in a manner that has minimal adverse effects on the ecosystem and subject to conditions the Secretary considers necessary.

#### Section 1-407

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Annual State park pass" means a pass issued by the Department that allows the holder unlimited day-use entry to all State parks and State park facilities for 1 year.

  (3) "First responder" has the meaning stated in Sec. 1-301 of the Public Safety Article.

  (4) "Law enforcement officer" has the meaning stated in Sec. 1-101 of the Public Safety Article.

(b) The Department shall provide a discount of at least $40 on annual State park passes for all first responders and law enforcement officers who are Maryland residents.

#### Section 1-408

(a) In this section, "community participation" includes:

  (1) Facilitating, hosting, or attending community meetings;

  (2) Providing community perspectives throughout project planning and development; and

  (3) Serving as a dedicated project partner or community liaison.

(b) The Department shall facilitate community participation in project planning and development to ensure:

  (1) Equitable participation; and

  (2) That community perspectives, goals, and needs are meaningfully informing project development.

(c)

  (1) The Department may enter into contractual agreements with other State agencies, local governments, and nonprofit organizations to promote and enhance community participation in project planning and development.

  (2) A contractual agreement entered into under paragraph (1) of this subsection:

    (i) May allow for other State agencies, local governments, or nonprofit organizations to provide compensation to individuals for community participation in project planning and development; and

    (ii) Shall specify the terms of any grant or payment to be received.

### Subtitle 5. Environmental Standing Act

#### Section 1-501

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

(b) "Person" means any resident of the State of Maryland, any corporation incorporated under the laws of the State of Maryland, or any partnership, organization, association, or legal entity doing business in the State.

(c) "Political subdivision" means a county, the City of Baltimore, a multicounty agency, municipal corporation, single purpose district, and soil conservation or sanitary district.

#### Section 1-502

The General Assembly finds and declares that the natural resources and the scenic beauty of the State of Maryland are in danger of irreparable harm occasioned by the use and exploitation of the physical environment. It further finds that improper use and exploitation constitute an invasion of the right of every resident of Maryland to an environment free from pollution to the extent possible. It further finds that the courts of the State of Maryland are an appropriate forum for seeking the protection of the environment and that an unreasonably strict procedural definition of "standing to sue" in environmental matters is not in the public interest.

#### Section 1-503

(a) The following persons have standing to bring and maintain an action provided for in this section in the courts of equity of this State:

  (1) The State of Maryland, or any agency or officer of the State, acting through the Attorney General;

  (2) Any political subdivision of the State of Maryland, or any agency or officer of it acting on its behalf; and

  (3) Any other person, regardless of whether he possesses a special interest different from that possessed generally by the residents of Maryland, or whether substantial personal or property damage to him is threatened. However, an individual citizen either shall reside in the county or Baltimore City where the action is brought, or shall demonstrate that the alleged condition, activity, or failure complained of affects the environment where he resides.

(b) Any person given standing by subsection (a) of this section may bring and maintain an action for mandamus or equitable relief, including declaratory relief against any officer or agency of the State or political subdivision for failure on the part of the officer or agency of the State or political subdivision to perform a nondiscretionary ministerial duty imposed upon them under an environmental statute, ordinance, rule, regulation, or order, or for their failure to enforce an applicable environmental quality standard for the protection of the air, water, or other natural resources of the State, as expressed in a statute, ordinance, rule, regulation, or order of the State, or any political subdivision upon the request of the defendant, the court in its discretion may join as a party defendant any person against whom the plaintiff is requesting that governmental action be taken following notice to that person and if the court determines that the joinder would serve the interests of justice.

#### Section 1-504

(a) This subtitle may not be construed to create or authorize any new substantive cause of action or theory of recovery not now recognized by the courts of this State, nor may it be construed as abrogating any cause of action or theory of recovery now recognized by the courts of this State but is for the sole purpose of providing standing to sue to the persons set forth in Sec. 1-503 of this subtitle, subject to the provisions and limitations set forth in this subtitle.

(b) Except as provided in Sec. 1-503(b) of this subtitle, nothing in this subtitle constitutes a waiver by the State or any agency of the defense of sovereign immunity, and this defense is expressly reserved.

(c) This subtitle does not authorize an action for monetary damages. The remedies available to any plaintiff who acquires standing to sue solely by virtue of this subtitle are limited to mandamus or equitable relief, including declaratory relief as to whether a permit or order has been unlawfully issued or is being violated, and a judgment or decree for monetary damages may not be awarded. However, a judgment for monetary damages may be awarded in any action where a judgment is appropriate to a plaintiff who has standing to sue other than by virtue of this subtitle.

(d) This subtitle does not abrogate the existing requirement and principles of exhaustion of administrative remedies, and this subtitle does not broaden, except as specifically set forth, the rights of intervention of persons in administrative hearings and in appeals from the hearings.

(e) This subtitle is not to be construed in any way to alter the present provisions of law relating to standing in any matter affecting local zoning.

(f)

  (1) Except as provided in this subtitle, relief may not be granted in any action filed under this subtitle with respect to any defendant who shows that the condition, activity, or failure complained of is under and in compliance with:

    (i) A lawful, current permit or order of an agency of the State or a political subdivision authorized to issue the permit or order;

    (ii) An order or other adjudication of a court of competent jurisdiction in a proceeding in which all of the material issues involved in the action were raised and determined, whether or not the parties to the prior litigation were identical to the parties in the pending action; or

    (iii) A lawful current permit or order of an agency of the United States government authorized to issue the permit or order.

  (2) If the court finds, upon clear and convincing evidence at any stage of the proceeding, that the condition, activity, or failure complained of exists and either presents an imminent danger to the health, welfare, or safety of the people of the State, or results in or is likely to result in irreversible or irreparable damage to the air, water, or other natural resources of the State, the court may remand the matter to the agency with instructions to consider and make factual determinations with respect to the material issues, as determined by the court, within a time considered reasonable by the court. A finding may not be made until the defendant has been provided an opportunity by the court to present evidence rebutting the plaintiff's evidence.

#### Section 1-505

(a) An action pursuant to this subtitle shall be brought in the circuit court where the alleged condition, activity, or failure complained of is occurring, has occurred, or is likely to occur.

(b) If the plaintiff is a person other than the State, an action does not lie under this subtitle unless the plaintiff, at least 30 days prior to the commencement of the action, has delivered a sufficient written notice of the alleged condition, activity, or failure to the agency of the State or its political subdivision responsible for initiating or instituting some official action as a result of the alleged condition, activity, or failure. A copy of the notice shall be simultaneously delivered to the Attorney General.

(c) In addition to the copies which are to be served upon any person named as a defendant, a copy of the summons and bill of complaint and of any supporting papers and exhibits attached to it, including in all cases a certificate from the plaintiff under subsection (b) of this section of the date of the mailings, a copy of the mailed written notice and the signed certified mail receipts returned by the addressees, must be served upon the Attorney General, for purposes of notice and also to give him an opportunity to intervene. It is discretionary with the Attorney General and with each interested State agency or official represented by him whether to appear in the action but, upon application, at any time during the pendency of the action the Attorney General shall be permitted to intervene.

#### Section 1-506

(a) Except as provided in subsection (e) of this section, the court may grant a stay of the proceedings brought pursuant to this subtitle upon motion of defendant made upon notice to all parties and to the Attorney General whether or not a party whenever there is pending any of the following at the time of commencement of an action brought pursuant to this subtitle:

  (1) Any administrative enforcement hearing initiated by an agency of the State or a political subdivision, either prior to or after receipt of the statutory notice required by Sec. 1-505(b) and (c) of this subtitle, with jurisdiction by law over the condition or activity complained of, if the proceeding is being diligently prosecuted in the opinion of the court;

  (2) Judicial review of any administrative action taken with respect to the condition or activity complained of;

  (3) An action in court brought by the Attorney General on behalf of a State agency represented by him or by a political subdivision of the State with respect to the condition or activity complained of; or

  (4) An appeal from a judgment rendered with respect to an action brought under item (3) of this subsection.

(b) Except as provided in subsection (e) of this section, the court also may grant the stay provided for in subsection (a) of this section upon motion made by the Attorney General on behalf of the people of the State or by a State agency or official represented by him, whether or not he is a named party defendant.

(c) A stay shall be granted for a time the court considers reasonable for completion of the administrative or judicial proceeding, the pendency of which is the basis for the motion for the stay, but in no event may a stay be granted for longer than 90 days without a showing of sufficient cause by the defendant or the Attorney General.

(d) The court, upon motion demonstrating sufficient cause, may grant extensions of the stay for additional periods not to exceed 90 days each.

(e) A stay pursuant to this section may not be granted if the court finds that the condition or activity complained of either presents an imminent danger to the health, welfare, or safety of the people of the State or results in, or is likely to result in, irreversible or irreparable damage to the air, water, or other natural resources of the State except pursuant to Sec. 1-504(f)(2) of this subtitle.

#### Section 1-507

(a) An action brought pursuant to this subtitle may not be compromised, discontinued, or dismissed by consent, by default, or for neglect to prosecute, except with the approval of the court. The approval may not be granted when the court determines that a monetary settlement, in excess of court costs and attorneys fees, has been offered by a defendant to a plaintiff, who has standing to sue only by virtue of this subtitle, as consideration for the settlement. If the court upon application of a defendant determines that an action in which a plaintiff has acquired standing solely by virtue of this subtitle was brought in bad faith or solely for purposes of harassment or delay, it may, after further hearing on this specific question, award to the defendant against the plaintiff a judgment for all or part of the court costs, including attorneys fees, as the defendant may establish were incurred by him in defending the action together with any damages sustained by the defendant as a result of the action having been brought, including witness fees.

(b) The Maryland Rules apply to all actions brought under this subtitle except where the provisions of this subtitle specifically describe other procedures.

#### Section 1-508

It is the purpose of this subtitle to provide certain remedies to abate the pollution, destruction, or substantial or unreasonable impairment of the air, water, or other natural resources of the State and therefore nothing contained in it abridges or alters rights of action or remedies which exist. A provision in this subtitle, or any act done by virtue of this subtitle, may not be construed as estopping or limiting the State or any person in the exercise of his rights to suppress nuisances or to abate any pollution.

### Subtitle 6. Recreational Use of the Potomac River

#### Section 1-601

It is the policy of the State to foster water safety for recreational uses of the Potomac River, including swimming, bathing, wading, diving, tubing, rafting, and other uses involving contact with the water. There is a particular need to restrict the recreational use of certain waters known to be hazardous to personal safety some or all of the time, specifically, that section of the Potomac River beginning at the District of Columbia and Maryland boundary line which crosses the Potomac River approximately one-half mile north of Chain Bridge and continuing upstream to a line across the Potomac River at Edwards Ferry Road.

#### Section 1-602

The Secretary is responsible for administering a program of water safety for recreational uses of the hazardous section of the Potomac River as described in this subtitle.

#### Section 1-603

The Department may adopt regulations necessary to implement this subtitle.

#### Section 1-604

Any person who violates any regulation adopted pursuant to the provisions of this subtitle is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $500, or imprisonment not exceeding 2 months, or both.

#### Section 1-605

Nothing in this subtitle is intended to affect or limit the powers and duties of the Secretary of the Environment under Sec. 9-252 of the Environment Article.

### Subtitle 7. State Chesapeake Bay and Endangered Species Fund

#### Section 1-701

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

(b) "Conserve", "endangered species", "nongame species", "species", and "threatened species" have the meanings stated in Sec. 10-2A-01 of this article.

(c) "Fund" means the State Chesapeake Bay and Endangered Species Fund established under Sec. 1-702 of this subtitle.

(d) "Income tax checkoff system" means the checkoff system established under Sec. 2-110 of the Tax - General Article.

#### Section 1-702

(a) In this section, "Fund" means the State Chesapeake Bay and Endangered Species Fund.

(b) There is a State Chesapeake Bay and Endangered Species Fund.

(c)

  (1) The net proceeds from contributions under the income tax checkoff system and any other donations to the Fund shall be credited to the Fund.

  (2) The Secretary shall administer the Fund.

  (3) The Fund shall be used only as provided in Sec.Sec. 1-703 through 1-705 of this subtitle.

  (4) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

  (5) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (6) Any investment earnings of the Fund shall be credited to the General Fund of the State.

  (7) Expenditures from the Fund may be made only in accordance with the State budget.

(d) The Fund shall be maintained for the purposes stated in this subtitle and unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State.

(e) Money expended from the Fund for the Chesapeake Bay Trust and Endangered Species Conservation programs is supplemental and is not intended to take the place of funding that would otherwise be appropriated to the Department of Natural Resources for the Trust or for those programs.

#### Section 1-703

(a)

  (1) The Secretary may distribute not more than 5% of the net proceeds of the Fund to a promotional account to be used to promote further donations to the Fund.

  (2) Money in the Fund may be used for administrative costs calculated in accordance with Sec. 1-103(b)(2) of this title.

(b) After making the distributions allowed under subsection (a) of this section, the Secretary shall distribute the remainder of the net proceeds of the Fund as follows:

  (1) 50% to the Chesapeake Bay Trust established under Sec. 8-1902 of this article, to be used by the Trust only as provided in Sec. 1-704 of this subtitle; and

  (2) 50% to an endangered species account, to be used only to conserve nongame, threatened and endangered species as provided in Sec. 1-705 of this subtitle.

#### Section 1-704

The Chesapeake Bay Trust shall use the funds it receives under Sec. 1-703 of this subtitle only to provide grants to nonprofit organizations, community associations, civic groups, schools, or public agencies for citizen involvement projects that will enhance or promote:

(1) Public education of the State's citizens concerning the Chesapeake Bay;

(2) The preservation or enhancement of water quality and fishery or wildlife habitat;

(3) The restoration of aquatic or land resources;

(4) Reforestation projects;

(5) The publication or production of educational materials on the Chesapeake Bay; or

(6) Training in environmental studies or environmental enhancement.

#### Section 1-705

(a) The Secretary shall use the funds credited to the endangered species account under Sec. 1-703 of this subtitle only to promote the conservation, propagation, and habitat protection of nongame, threatened or endangered species, including:

  (1) The acquisition, through absolute purchase or the purchase of easements, of habitats necessary to conserve, protect, or propagate nongame, threatened or endangered species;

  (2) The monitoring, surveying, and protection of nest sites of bald eagles, Delmarva fox squirrels, peregrine falcons, and piping plovers;

  (3) The promotion of voluntary protection of habitat for threatened and endangered species by monitoring information and management assistance to private landowners;

  (4) The initiation of surveys and recovery programs, including habitat restoration or protection, for other threatened or endangered species;

  (5) The protection of threatened or endangered species in natural heritage areas identified under the Natural Heritage Program;

  (6) The surveying of nongame birds, mammals, reptiles, and amphibians not currently receiving review, particularly those species whose population status is questionable, such as the bog turtle;

  (7) The development and implementation of an urban wildlife program to provide individuals in urban and suburban areas the opportunity to observe wildlife; and

  (8) The development and implementation of a public education and information program to educate the public and school children about wildlife and habitat conservation.

(b)

  (1) In developing the wildlife conservation programs under this section, the Secretary shall solicit the advice of the Threatened and Endangered Species Committee established in the Department.

  (2) The Secretary shall obtain recommendations from the Natural Heritage Program in the Department as to implementation of threatened and endangered species conservation programs under this section.

#### Section 1-706

(a) On or before September 30 of each year, the Secretary shall submit a report to the General Assembly, pursuant to Sec. 2-1257 of the State Government Article, on the administration of the Chesapeake Bay and Endangered Species Fund.

(b) The report required under subsection (a) of this section shall include:

  (1) The gross amount of donations to the Fund;

  (2) The costs of administration by the Comptroller of the income tax checkoff system;

  (3) A description of promotional efforts undertaken with money from the Fund; and

  (4) A detailed accounting of the use of the Fund:

    (i) By the Chesapeake Bay Trust; and

    (ii) For wildlife conservation.

### Subtitle 8. Penalties and Fines

#### Section 1-801

(a) The Chief Judge of the District Court of Maryland may establish, by administrative regulation under the provisions of Sec. 1-605 of the Courts and Judicial Proceedings Article, a schedule of prepayable fines for first offense misdemeanor violations of this article and regulations adopted under this article. The amount of a prepayable fine may be no more than the maximum and no less than the minimum criminal penalty established by the General Assembly in this article.

(b) By paying a fine set under this section in lieu of appearing for trial in District Court, a person is voluntarily accepting a conviction for the offense charged.

### Subtitle 9. Recreational License Incentive Discount Program

#### Section 1-901

(a) In this subtitle, "Program" means the Recreational License Incentive Discount Program.

(b) There is a Recreational License Incentive Discount Program in the Department.

(c) The Program is established to provide incentives for eligible individuals to obtain recreational fishing and hunting licenses.

(d)

  (1) In administering the Program, the Department may offer incentive discounts for recreational fishing and hunting licenses issued under Sec.Sec. 4-604, 4-745, and 10-301 of this article.

  (2) An incentive discount offered or provided under the Program:

    (i) May not exceed 50% of the underlying license fee; and

    (ii) May be offered or provided for a specific recreational license only to an individual who has not held that license within the previous 2 years.

(e) The Department may adopt regulations to implement this section.

### Subtitle 10. Miscellaneous

#### Section 1-1001

(a) The Department shall create, maintain, and publish on its website a list of plant species native to the State.

(b) The list created under subsection (a) of this section shall identify native plants that may be used and planted as an alternative to the use and planting of tier 2 invasive plants.

#### Section 1-1002

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Facultative species" means an animal species that uses vernal pools irregularly.

  (3) "Obligate species" means an animal species that depends on vernal pools as a necessary part of its life cycle.

  (4) "Typical year" means a year in which rainfall totals meet or exceed the average yearly rainfall from the previous 30 years for the location within which the vernal pool is located.

  (5) "Vernal pool" means a confined depression that:

    (i) Has surface water for at least 2 consecutive months between November and May in a typical year;

    (ii) Experiences a decrease in water level to 6 inches or less between June and September in a typical year;

    (iii) Provides a persistent or breeding habitat for various animal species, including native amphibians and invertebrates that are facultative species or obligate species;

    (iv) Contains less than 30% aerial cover of emergent vegetation when full;

    (v) Is predominantly or partially shaded by woody vegetation;

    (vi) Is less than 5 acres in size; and

    (vii) May have intermittent, temporary connections to other bodies of water.

(b) The Department shall:

  (1) In coordination with the Department of the Environment, create and maintain a list of vernal pools in the State;

  (2) Establish criteria and procedures for identifying and including vernal pools on the list, including:

    (i) Vernal pools identified by the Department in carrying out its duties set forth in this article;

    (ii) Locations the Department determines meet the definition of a vernal pool under subsection (a) of this section; and

    (iii) Vernal pools identified by the Department of the Environment in accordance with subsection (c) of this section;

  (3) Authorize:

    (i) Using mapping or other scientific information to identify additional vernal pools for inclusion on the list; and

    (ii) Consulting with any stakeholder group as appropriate, including the Department of the Environment and the University of Maryland, to identify vernal pools for inclusion on the list; and

  (4) Provide for publication of the list of vernal pools on the Department's website.

(c)

  (1) The Department of the Environment shall designate staff to receive training in vernal pool identification.

  (2) The Department shall provide vernal pool identification training to the staff designated under paragraph (1) of this subsection.

  (3) If, in carrying out responsibilities under Title 5, Subtitle 9 of the Environment Article, staff trained under this subsection identify a location that may qualify as a vernal pool, the Department of the Environment shall notify the Department of the location for possible inclusion on the list established under subsection (b) of this section.

  (4) Nothing in this section shall be construed to limit the authority of the Department of the Environment to regulate vernal pools that meet the definition of nontidal wetlands under Title 5, Subtitle 9 of the Environment Article.

### Subtitle 11. Affiliated Foundations

#### Section 1-1101

(a) The Department may establish one or more affiliated foundations to work with the Maryland Park Service, the Maryland Forest Service, the Wildlife and Heritage Service, the Office of Outdoor Recreation, and the Natural Resources Police.

(b) The purposes of an affiliated foundation are to:

  (1) Solicit and accept funds for improvements designed to expand and enhance the equitable use of and access to lands managed by the Department for recreation and conservation purposes;

  (2) Promote activities that:

    (i) Enhance public programming and recreational and educational offerings;

    (ii) Restore or maintain public access to the natural resources of the State; or

    (iii) Support operation, maintenance, and law enforcement activities within lands managed by the Department; and

  (3) Partner with individuals, corporations, and other entities to support innovative projects that enhance visitors' experiences at lands managed by the Department, including educating visitors, increasing inclusivity, supporting sustainability, and promoting health and wellness.

(c)

  (1) The Department shall:

    (i) Develop policies for operating each affiliated foundation that the Department establishes, including naming rights; and

    (ii) Submit each policy developed to the Attorney General and the State Ethics Commission for review and, if appropriate, approval in accordance with paragraphs (2) and (3) of this subsection.

  (2) The Attorney General shall:

    (i) Review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and

    (ii) If appropriate, approve the policies for use in governing the affiliated foundation.

  (3) The State Ethics Commission shall:

    (i) Review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and

    (ii) If appropriate, approve the policies for use in governing an official or employee of the Department who also serves as a director or an official of the affiliated foundation.

(d) An affiliated foundation may solicit and receive contributions from businesses, governmental entities, nonprofit organizations, and individuals interested in the promotion of lands managed by the Department.

(e)

  (1) An affiliated foundation established under this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

  (2) A financial obligation or liability of an affiliated foundation established under this section may not be considered a debt or an obligation of the State or the Department.

(f)

  (1) Sections 5-501 through 5-504 of the General Provisions Article do not prohibit an official or employee of the Department from also becoming a director or an official of an affiliated foundation established under this section.

  (2) An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section:

    (i) May not be compensated, directly or indirectly, by the affiliated foundation; and

    (ii) May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the affiliated foundation as authorized by the Department and the board of directors of that affiliated foundation.

  (3)

    (i) The Department shall notify the State Ethics Commission in writing whenever the Department allows an official or employee of the Department to serve as a director or an official of an affiliated foundation.

    (ii) Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Department of any objections or concerns pertaining to the joint service identified in the notice.

    (iii) On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Department shall reexamine the joint service identified in the notice.

  (4) The Department shall report annually to the Governor, the Legislative Policy Committee of the General Assembly in accordance with Sec. 2-1257 of the State Government Article, and the State Ethics Commission on:

    (i) The names of the officials and employees serving as a director or an official of an affiliated foundation; and

    (ii) How the policies adopted under subsection (c) of this section have been implemented in the preceding year.

(g) Each year an independent certified public accountant shall audit an affiliated foundation established under this section.

(h) Funds accepted by an affiliated foundation under this section are supplemental to and are not intended to take the place of funding that otherwise would be provided in the annual State operating or capital budget bill for projects or activities of the Department.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)