Title 10. Wildlife — Subtitle 8. State Wildlife Management Areas and Hunting Grounds

The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of land or water in the State suitable to protect, propagate, or manage wildlife or for hunting purposes. The area of land or water shall be known as a wildlife management area. Any area of land or water greater than 100 acres may be acquired in Garrett County or Allegany County only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly.

The Department may purchase or erect any structure necessary for wildlife management and may purchase or lease any area of land or water excluding the ownership of and the right to drill any mineral, oil, or gas.

The title to any land or water acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of land and water shall be under the State’s direction.

The Secretary may expend from the State Wildlife Management and Protection Fund any amount necessary to purchase or condemn the area of land or water.

If the Department considers it in the State’s best interests and the Governor consents, the Department may exchange any area of land or water or part the Department owns together with any improvement on the area of land or water for any privately owned area of land or water equal to or greater in value than the area of land or water the Department exchanges and adapted for wildlife refuge and management. Also, the Department may sell any area of land or water or part of the area of land or water owned by the Department to the person who offers the highest price.

The Department may use any acquired area of land or water as a State park.

The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of land or water. The Secretary shall execute the deed. The net proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.

An acquired area of land or water may be used to create and maintain State wildlife refuges, for wildlife management, and hunting grounds as the Department deems advisable for hunting grounds.

The Department may grant rights-of-way on or across any acquired area of land or water if the grant does not affect adversely wildlife protection, management, and propagation.

The Department may appoint a caretaker of the area of land or water and make an agreement with the caretaker for proper care and management of the wildlife refuge.

The Department, in order to protect and propagate wildlife, may establish and maintain State wildlife refuges where wildlife may not be hunted, disturbed, or molested at any time. Upon the consent of the Governor and the superintendent in charge of any area of federally owned or State–owned land or water, the Department may locate a State wildlife refuge on any State–owned or federally owned forest, land, or water.

The boundaries of each wildlife refuge shall be clearly marked. At each refuge a notice shall be posted in a conspicuous place informing the public the area of land or water is a “State Wildlife Refuge – Hunting Is Unlawful”, and other information or regulations the Department considers advisable.

If a person who owns or controls any suitable area of land or water desires to have the area of land or water set aside for a refuge, the person may apply to the Department, giving a description of the area of land or water including a specific location, map, or sketch showing an outline of the area of land or water, the location of any structure or improvement and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.

The Department may examine the area of land or water to determine if the area of land or water is suitable for wildlife protection and management. If the area of land or water is acceptable as a wildlife refuge, the Department shall notify the person of this fact. The person shall sign a lease, vesting the State with every hunting right in the area of land or water without charge. The lease also shall provide that the owner, the owner’s family, agents, tenants, and any other person may not hunt on the area of land or water, and that the person will make every effort to protect the refuge from forest fires, hunting, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.

If the person who owns or controls the area of land or water named in any lease on which there is no charge sells the area of land or water, the area is released from the operation of the lease unless the purchaser agrees to allow the area to remain under lease. The Department or the owner of the area of land or water may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice to the other party of intent to terminate the lease.

A person may not enter in any manner on any State wildlife refuge without the consent of the Department or person in charge of the area of land or water.

The Department by written permission may grant to any responsible person the right to hunt for vermin and use any dog and gun in connection with hunting on State wildlife refuges. The Department also may grant permission to hunt wildlife to be used for propagation purposes.