<section article="gnr" article_name="Natural Resources" number="5-101" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“County” includes Baltimore City unless otherwise indicated.</text> </level> <level label="c"> <text>“Department” means Department of Natural Resources.</text> </level> <level label="d"> <text>“Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including:</text> <level label="1"> <text>Producing oxygen and removing carbon dioxide from the atmosphere;</text> </level> <level label="2"> <text>Regulating the surface and underground flow of water;</text> </level> <level label="3"> <text>Providing effective filtration systems for higher water quality;</text> </level> <level label="4"> <text>Supporting a myriad of native flora and fauna; and</text> </level> <level label="5"> <text>Providing goods and services ranging from forest products to aesthetics.</text> </level> </level> <level label="e"> <level label="1"> <text>“Forest land” means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or greater diameter at 4.5 feet above the ground.</text> </level> <level label="2"> <text>“Forest land” includes forested areas that have been cut but not converted to other land uses.</text> </level> </level> <level label="f"> <text>“Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period.</text> </level> <level label="g"> <text>“Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for:</text> <level label="1"> <text>Clean air and water;</text> </level> <level label="2"> <text>Biodiversity;</text> </level> <level label="3"> <text>Wildlife habitat;</text> </level> <level label="4"> <text>Fiber production; and</text> </level> <level label="5"> <text>Recreation.</text> </level> </level> <level label="h"> <level label="1"> <text>“Forestry practices” means activities conducted to achieve land management objectives.</text> </level> <level label="2"> <text>“Forestry practices” includes:</text> <level label="i"> <text>Planting;</text> </level> <level label="ii"> <text>Prescribed burning;</text> </level> <level label="iii"> <text>Thinning;</text> </level> <level label="iv"> <text>Pruning;</text> </level> <level label="v"> <text>Harvesting;</text> </level> <level label="vi"> <text>Fertilizing; and</text> </level> <level label="vii"> <text>Pesticide and herbicide application.</text> </level> </level> </level> <level label="i"> <text>“No net loss of forest” means 40% of all land in Maryland is covered by tree canopy.</text> </level> <level label="j"> <text>“Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.</text> </level> <level label="k"> <text>“Secretary” means Secretary of Natural Resources.</text> </level> <level label="l"> <text>“Silvicultural product” or “forest product” means any raw material yielded by a forest, including:</text> <level label="1"> <text>Timber;</text> </level> <level label="2"> <text>Timber products; and</text> </level> <level label="3"> <text>Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw.</text> </level> </level> <level label="m"> <text>“Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s:</text> <level label="1"> <text>Biodiversity;</text> </level> <level label="2"> <text>Productivity;</text> </level> <level label="3"> <text>Regeneration capacity;</text> </level> <level label="4"> <text>Nutrient reduction benefits;</text> </level> <level label="5"> <text>Vitality; and</text> </level> <level label="6"> <text>Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems.</text> </level> </level> <level label="n"> <text>“Working landscapes” means:</text> <level label="1"> <text>Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and</text> </level> <level label="2"> <text>Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-102" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>The General Assembly finds that:</text> <level label="1"> <text>Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State;</text> </level> <level label="2"> <text>Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air;</text> </level> <level label="3"> <text>Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration;</text> </level> <level label="4"> <text>Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species;</text> </level> <level label="5"> <text>Forests are susceptible to environmental degradation caused by natural threats;</text> </level> <level label="6"> <text>Forests, like other open space areas, are under intense development–related pressures for residential, commercial, and industrial conversion due to the demands of a growing population;</text> </level> <level label="7"> <text>Trees and forests in urban areas provide multiple benefits, including:</text> <level label="i"> <text>Mitigation of urban stormwater runoff into the Chesapeake Bay;</text> </level> <level label="ii"> <text>Sequestration of carbon;</text> </level> <level label="iii"> <text>Avoidance of energy–related emissions;</text> </level> <level label="iv"> <text>Mitigation of air pollutants, such as ozone and particulate matter;</text> </level> <level label="v"> <text>Reduction of the urban heat island effect; and</text> </level> <level label="vi"> <text>Contributions to community livability;</text> </level> </level> <level label="8"> <text>Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research–based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles;</text> </level> <level label="9"> <text>Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State’s:</text> <level label="i"> <text>Green power goal for State facilities;</text> </level> <level label="ii"> <text>Renewable Energy Portfolio Standard;</text> </level> <level label="iii"> <text>Healthy Air Act; and</text> </level> <level label="iv"> <text>Maryland Clean Energy Incentive Act of 2006; and</text> </level> </level> <level label="10"> <text>This title sets forth Maryland’s vision for sustaining Maryland’s coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative.</text> </level> </level> <level label="b"> <text>It is the policy of the State to encourage the retention and sustainable management of forest lands by:</text> <level label="1"> <text>Achieving no net loss of forest;</text> </level> <level label="2"> <text>Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State’s compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative;</text> </level> <level label="3"> <text>Enhancing the retention of privately owned forest lands through research–based educational outreach efforts to landowners by the State’s forest conservancy district boards;</text> </level> <level label="4"> <text>Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions;</text> </level> <level label="5"> <text>Promoting renewable energy policies and markets with increased emphasis on the use of in–State produced woody biomass;</text> </level> <level label="6"> <text>Ensuring dual certification of the State’s forests by the Forest Stewardship Council and the Sustainable Forestry Initiative;</text> </level> <level label="7"> <text>Recognizing the importance of:</text> <level label="i"> <text>A viable forest products industry to the economies of rural Maryland;</text> </level> <level label="ii"> <text>Continued development of fiber products; and</text> </level> <level label="iii"> <text>Maryland’s green infrastructure; and</text> </level> </level> <level label="8"> <text>Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-102.1" title_number="5" title_name="Forests and Parks" subtitle_number="1" subtitle_name="In General"> <level label="a"> <level label="1"> <text>In this section, the term “forestry” includes activities prescribed by a licensed professional forester in accordance with § 7–101 of the Business Occupations and Professions Article.</text> </level> <level label="2"> <text>“Forestry” does not include the clearing of land as a prelude to a change in the use of land.</text> </level> </level> <level label="b"> <text>Forestry, as prescribed by a person licensed as a forester under Title 7 of the Business Occupations and Professions Article and in accordance with accepted silvicultural principles, as defined by the Society of American Foresters, constitutes a traditional, fundamental, beneficial, and desirable use of the State’s forest resource. Forestry is an important land management tool that contributes significantly to the economy of the State by the support of a vital forest products industry, as well as to the health of forests and their wildlife, water quality, and recreational benefits by the sustainment of forest productivity and wildlife habitats.</text> </level> <level label="c"> <text>In Maryland, forestry, including the harvest and transport of forest products, is often carried out in close proximity to populated areas. Other than development for more intensive uses, this harvest of timber may represent a major source of income for the profitable use of private property.</text> </level> <level label="d"> <level label="1"> <text>Retention, management, and expansion of the State’s forested resources are critical to the health and vitality of the Chesapeake Bay watershed, rural Maryland, and forest resource–based industries.</text> </level> <level label="2"> <text>It is the intent of this subsection to:</text> <level label="i"> <text>Encourage forestry practices in local comprehensive plans developed in accordance with Title 1, Subtitle 4 or Title 3 of the Land Use Article; and</text> </level> <level label="ii"> <text>To express the General Assembly’s intent that local planning and zoning restrictions that impact silvicultural practices may not be more stringent than restrictions imposed by State law and regulation.</text> </level> </level> </level> <level label="e"> <text>Since it is in the State and public interests to preserve the forest land base and other natural resources, a local government with planning and zoning powers shall support forestry by a reasonable exercise of these powers, including the consideration, development, and interpretation of planning and zoning requirements that beneficially impact the efficient and economic practice of forestry in a manner consistent with the local government’s implementation of the visions listed in § 1–201 of the Land Use Article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-103" title_number="5" title_name="Forests and Parks" subtitle_number="1" subtitle_name="In General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Construction activity” means work by a constructing agency related to:</text> <level label="i"> <text>Construction of or improvements to a highway; or</text> </level> <level label="ii"> <text>Off–site environmental mitigation related to highway construction.</text> </level> </level> <level label="3"> <text>“Constructing agency” means:</text> <level label="i"> <text>A unit of State or local government; or</text> </level> <level label="ii"> <text>Any other person who uses State funding and performs any construction activity with the State funding.</text> </level> </level> <level label="4"> <level label="i"> <text>“Forest” means a biological community dominated by trees or other woody plants covering a land area of 1 acre or more.</text> </level> <level label="ii"> <text>“Forest” includes an area that has been cut but not cleared of trees or other woody plants.</text> </level> </level> <level label="5"> <text>“Forest mitigation banking” means the intentional restoration or creation of forests undertaken expressly for the purpose of providing credits for reforestation requirements with enhanced environmental benefits from future activities.</text> </level> <level label="6"> <text>“Watershed” means all lands lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment.</text> </level> </level> <level label="b"> <text>To accomplish a construction activity involving land clearing, a unit of State or local government or any other person using State funding for the construction project:</text> <level label="1"> <text>May cut or clear only the minimum number of trees and other woody plants that are necessary and consistent with sound design practices; and</text> </level> <level label="2"> <text>Shall make every reasonable effort to minimize the cutting or clearing of trees and other woody plants.</text> </level> </level> <level label="c"> <level label="1"> <text>If the total area of forest cut or cleared in connection with a construction activity by a unit of State or local government or any other person using State funding for the construction project equals 1 acre or more, the constructing agency shall locate an equivalent area of State–owned or other publicly owned land to be reforested by the Department at a rate of 10 cents per square foot of the area of required planting.</text> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation projects shall be established on any public land within the county and watershed in which construction activity by a unit of State or local government has caused a loss of trees where the public entity that owns the land agrees to that use of the land.</text> </level> <level label="ii"> <text>If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, then the reforestation shall occur in the county or watershed in the State in which the construction activity is located, or shall be accomplished by use of credits in a forest mitigation bank in the county and watershed in which the construction activity is located.</text> </level> <level label="iii"> <text>If the reforestation project cannot be reasonably accomplished in the county or watershed in which the construction activity is located, or by use of credits in the county and watershed in which the construction activity is located, then reforestation may occur by the use of credits in a forest mitigation bank in the county or watershed in which the construction activity is located.</text> </level> </level> <level label="3"> <text>The constructing agency shall reimburse the Department for the reforestation activities at an appropriate rate of 10 cents per square foot of the area of required planting.</text> </level> <level label="4"> <text>Any land for a reforestation project shall be:</text> <level label="i"> <text>If possible, on the site or in the project right–of–way being used for the construction activity;</text> </level> <level label="ii"> <text>If sufficient area is not available at the site or within the project right–of–way, on State–owned or other publicly owned land in the county and watershed in which the construction activity is located;</text> </level> <level label="iii"> <text>If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located; or</text> </level> <level label="iv"> <text>If the reforestation project cannot be reasonably accomplished on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located, accomplished through use of forest mitigation bank credits in the watershed in which the construction activity is located.</text> </level> </level> </level> <level label="d"> <text>If the constructing agency is unable to locate a sufficient amount of State or other publicly owned land or available forest mitigation bank credits to comply with the requirements of subsection (c) of this section, the constructing agency shall contribute money, at the rate of 10 cents per square foot of the area of required planting, to the Reforestation Fund established under subsection (e) of this section.</text> </level> <level label="e"> <level label="1"> <text>In this subsection, “Fund” means the Reforestation Fund.</text> </level> <level label="2"> <text>There is a Reforestation Fund in the Department.</text> </level> <level label="3"> <text>The purpose of the Fund is to:</text> <level label="i"> <text>Finance the planting of trees on:</text> <level label="1"> <text>Land located in the county and watershed in which construction projects giving rise to Fund contributions are located; and</text> </level> <level label="2"> <text>Private property on which trees were destroyed by a treatment to destroy plant pests that was applied by the Department of Agriculture; and</text> </level> </level> <level label="ii"> <text>Finance the prevention of and response to forest health emergencies.</text> </level> </level> <level label="4"> <text>The Department shall administer the Fund.</text> </level> <level label="5"> <level label="i"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="ii"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> </level> <level label="6"> <text>The Fund consists of any money received from contributions by a constructing agency under subsection (d) of this section.</text> </level> <level label="7"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the Fund may be used only to:</text> <level label="1"> <text>Plant trees on land located in the county and watershed in which construction projects giving rise to Fund contributions are located;</text> </level> <level label="2"> <text>If reforestation cannot be reasonably accomplished in the county and watershed in which the construction activity is located:</text> </level> <level label="A"> <text>Plant trees on State or other publicly owned lands located in the county or in the watershed in the State in which the construction activity is located; or</text> </level> <level label="B"> <text>Purchase credits in, establish, or maintain a forest mitigation bank in the county or watershed in which the construction activity is located in accordance with Department regulations;</text> </level> <level label="3"> <text>Replace trees, except nursery stock that has not been replanted, that were destroyed by the application of a treatment applied to destroy plant pests under a quarantine imposed by the Secretary of Agriculture, whether or not the quarantine is in effect in the county or watershed where the construction activity occurred; or</text> </level> <level label="4"> <text>Finance the prevention of and response to forest health emergencies by:</text> </level> <level label="A"> <text>Maintaining the health and vitality of forest land and urban tree canopy; and</text> </level> <level label="B"> <text>Preventing or controlling significant forest land and urban tree canopy degradation caused by acts of nature.</text> </level> </level> <level label="ii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> <level label="2"> <text>The Fund may not be used to finance administrative activities associated with a mitigation bank.</text> </level> <level label="3"> <text>Any credits created by the Fund may not be sold to compensate for additional forest impacts.</text> </level> </level> <level label="iii"> <level label="1"> <text>The Department shall accomplish the reforestation for which money is deposited in the Fund within 2 years or three growing seasons after project completion, as appropriate.</text> </level> <level label="2"> <text>Money deposited in the Fund under subsection (d) of this section shall remain in the Fund for a period of 2 years or three growing seasons, and at the end of that time period, any portion that is not used to meet the reforestation requirements shall be returned to the constructing agency.</text> </level> </level> </level> <level label="8"> <level label="i"> <text>The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="ii"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="9"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> </level> <level label="f"> <level label="1"> <text>Any unit of State or local government that engages in construction activities involving land clearing on forest lands shall consult with the Department to assure compliance with this section:</text> <level label="i"> <text>Before cutting in or clearing a forest; and</text> </level> <level label="ii"> <text>Before locating a reforestation area in accordance with this section.</text> </level> </level> <level label="2"> <text>The provisions of this subsection shall also apply to any construction activity by any other person who uses State funding for that activity.</text> </level> </level> <level label="g"> <text>The provisions of this section do not apply to any agricultural practice implemented under a soil and water conservation plan.</text> </level> <level label="h"> <text>On or before September 30 of each year, the Department or local authority shall submit to the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee a report on:</text> <level label="1"> <text>The number and location of each construction activity subject to the requirements of this section;</text> </level> <level label="2"> <text>The amount and location of acres cleared, conserved, and planted in connection with the activity; and</text> </level> <level label="3"> <text>The amount of reforestation fees collected and expended.</text> </level> </level> <level label="i"> <text>Forest mitigation banking under this section shall be conducted in accordance with standards adopted under Subtitle 16 of this title.</text> </level> <level label="j"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-104" title_number="5" title_name="Forests and Parks" subtitle_number="1" subtitle_name="In General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Conserve” means to permanently protect land from development through purchase, donation, a perpetual conservation or an open space easement, or fee ownership in order to preserve the cultural, historical, ecological, or agricultural value of the land.</text> </level> <level label="3"> <text>“Program” means the 40 x 40 Land Conservation Implementation Grant Program established under subsection (c) of this section.</text> </level> <level label="4"> <text>“Smart Growth Subcabinet” means the Smart Growth Subcabinet established under § 9–1406 of the State Government Article.</text> </level> <level label="5"> <text>“Trust” means the Maryland Environmental Trust.</text> </level> </level> <level label="b"> <level label="1"> <text>It is the intent of the General Assembly that:</text> <level label="i"> <text>By 2030, 30% of lands in the State be conserved; and</text> </level> <level label="ii"> <text>By 2040, 40% of lands in the State be conserved.</text> </level> </level> <level label="2"> <text>The conservation goals established under paragraph (1) of this subsection shall be accomplished through multiple efforts, including:</text> <level label="i"> <text>Working with local communities, counties, municipalities, American Indian communities, and private landowners to conserve natural places and resources;</text> </level> <level label="ii"> <text>Improving access to nature for all individuals in the State, including communities of color and economically disadvantaged communities;</text> </level> <level label="iii"> <text>Sequestering carbon and greenhouse gas emissions in the lands and waters of the State;</text> </level> <level label="iv"> <text>Increasing public incentives for private landowners to voluntarily conserve and protect areas of demonstrated conservation value and areas that have a high capacity to sequester carbon and greenhouse gas emissions;</text> </level> <level label="v"> <text>Focusing conservation work at a large landscape scale that is biologically and ecologically meaningful;</text> </level> <level label="vi"> <text>Preventing the extinction of native plant and animal species by recovering and restoring the species;</text> </level> <level label="vii"> <text>Stabilizing ecosystems and ecosystem services, restoring degraded ecosystems, and maintaining ecological functions; and</text> </level> <level label="viii"> <text>Increasing economic opportunities for farmers, ranchers, fishers, and foresters.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Trust shall administer a 40 x 40 Land Conservation Implementation Grant Program to support implementation of the goals established under subsection (b) of this section.</text> </level> <level label="2"> <text>Program grants shall:</text> <level label="i"> <text>Be awarded each year on a competitive basis to a nonprofit organization that focuses on supporting the permanent conservation of the lands of the State; and</text> </level> <level label="ii"> <text>Provide at least:</text> <level label="1"> <text>$150,000 to the grant recipient for the purpose of providing tools and resources, organizational support, and capacity building to local land trusts; and</text> </level> <level label="2"> <text>$100,000 to the grant recipient for the purpose of providing statewide educational conferences and trainings for local land trusts on the topics of easement acquisition, conservation programs and tools, land management and stewardship, and other relevant subjects.</text> </level> </level> </level> <level label="3"> <text>In fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $250,000 to the Trust for the purpose of providing the grants required under this subsection.</text> </level> </level> <level label="d"> <level label="1"> <text>In order to meet the conservation goals established under subsection (b) of this section, the Smart Growth Subcabinet, in coordination with relevant stakeholders, shall:</text> <level label="i"> <text>Coordinate the actions of State agencies, local governments, and nongovernmental partners;</text> </level> <level label="ii"> <text>On or before July 1, 2024, develop and publish a plan to meet the State’s conservation goals and update the plan as needed, but not less than every 5 years thereafter; and</text> </level> <level label="iii"> <text>On or before December 1, 2024, and each December 1 thereafter, report to the Senate Education, Energy, and the Environment Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on the State’s progress toward meeting the conservation goals.</text> </level> </level> <level label="2"> <text>The Smart Growth Subcabinet shall make the annual report required under paragraph (1)(iii) of this subsection available on its website.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-201" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Department shall promote, administer, and manage every State-owned or leased forest, park, scenic preserve, natural area, parkway, historic monument, and recreation area, administer every law and rule or regulation relating to forests, parks, scenic preserves, natural areas, parkways, historic monuments, recreation areas, fire control, roadside trees, the restoration of deforested or denuded areas, and the operation of the State forest nursery.</text> </level> <level label="b"> <text>Every right, power, duty, obligation, and function conferred upon or exercised by the Department of Forests and Parks is transferred to and exercised by the Department. Every reference to the Department of Forests and Parks which appears in the Code, other laws of the State, or in any ordinance, resolution, rule, regulation, legal action, directive, or document, means the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-202" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <text>There is a Forest and Park Service in the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-204" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <level label="1"> <text>There is a Sustainable Forestry Council in the Department.</text> </level> <level label="2"> <text>The purpose of the Council is to advise the Department on all matters related to:</text> <level label="i"> <text>Sustainable forestry management in the State;</text> </level> <level label="ii"> <text>The expenditure of funds from the Mel Noland Woodland Incentives Fund under § 5–307 of this title;</text> </level> <level label="iii"> <text>Existing regulatory and statutory policies that are perceived as economic barriers to a viable forest products industry;</text> </level> <level label="iv"> <text>New markets to enhance forest health, including renewable energy development through biomass energy, to offset fossil fuel consumption and reduce greenhouse gas emissions;</text> </level> <level label="v"> <text>Creative strategies to help privately owned forest lands better compete with real estate market values that are driving forest conversion and fragmentation;</text> </level> <level label="vi"> <text>The means to promote forest–based economies and processing capability that contribute to economic and employment growth; and</text> </level> <level label="vii"> <text>Assigning a nutrient efficiency benefit to forest stewardship plans and other forest conservation management plans that can be measurably tracked and reported by the number of forested acres covered by the plans.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Sustainable Forestry Council shall have 9 members.</text> </level> <level label="2"> <text>Members of the Council shall be appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-206" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Secretary may commission any person to act as a forest or park warden, subject to removal at any time at the pleasure of the Secretary. While holding office, a warden has and may exercise the authority and power of a Natural Resources police officer or a law enforcement officer as provided in his commission so far as arresting and prosecuting persons for violations of any forest or park laws or of the laws, rules and regulations enacted for the protection of the State forestry reservations, State parks, historic monuments, recreation areas, or for the protection of fish and game.</text> </level> <level label="b"> <text>The Secretary shall, within the limits of any appropriation made for this purpose, commission forest, park, and wildlife rangers as the Secretary deems necessary for the enforcement of laws and regulations as provided in this subsection. All appointments shall be made from a list of eligible persons prepared in accordance with the provisions of the State Personnel and Pensions Article. An employee so commissioned and assigned law enforcement duties has and may exercise the powers of a Natural Resources police officer or a law enforcement officer of the State. These powers may be exercised upon:</text> <level label="1"> <text>Properties owned by the State and managed by the Department;</text> </level> <level label="2"> <text>Railroad rights–of–way and utility properties which are not owned by the State, but which traverse properties owned by the State and managed by the Department;</text> </level> <level label="3"> <text>All public and private properties which are within the boundaries of State properties managed by the Department;</text> </level> <level label="4"> <text>All waters of the State within one mile of the shoreline of all properties owned by the Department;</text> </level> <level label="5"> <text>All public and private property adjoining property owned by the State and managed by the Department;</text> </level> <level label="6"> <text>All park property in Maryland owned by the federal government;</text> </level> <level label="7"> <text>All roadways within the boundaries of or that portion of roadway adjoining properties owned by the State and managed by the Department; and</text> </level> <level label="8"> <text>Any property in Maryland for the purpose of executing a warrant that has resulted from law enforcement activities on property on which a forest, park, and wildlife ranger may exercise law enforcement powers.</text> </level> </level> <level label="c"> <text>A park ranger who is not commissioned as a law enforcement officer under subsection (b) of this section may issue a citation for a parking violation on:</text> <level label="1"> <text>Property owned by the State and managed by the Department;</text> </level> <level label="2"> <text>Public and private property that is within the boundaries of State property managed by the Department;</text> </level> <level label="3"> <text>Public and private property that adjoins property owned by the State and managed by the Department; and</text> </level> <level label="4"> <text>A roadway within the boundaries of, or that portion of a roadway that adjoins, property owned by the State and managed by the Department.</text> </level> </level> <level label="d"> <text>In exercising the powers granted under subsection (b) of this section, the law enforcement officer shall make every attempt to minimize delay of the operations of railroads and all utilities.</text> </level> <level label="e"> <text>Unless the Department has a signed memorandum of understanding with the law enforcement agency with primary jurisdiction over the property, a forest, park, and wildlife ranger may not exercise law enforcement powers under the provisions of subsection (b)(3) and (5) of this section.</text> </level> <level label="f"> <text>All forest, park, and wildlife rangers, including persons appointed for training prior to regular assignment as a ranger, shall remain in a probationary status for a period of 2 years from the date of initial appointment. The Secretary may discharge an employee in probationary status for any cause which is deemed sufficient in the sole discretion of the Secretary.</text> </level> <level label="g"> <level label="1"> <text>Whenever Natural Resources police officers receive a salary increase, forest and park rangers in the State Forest and Park Service shall receive a salary increase in the same percentage as the salary increase received by Natural Resources police officers.</text> </level> <level label="2"> <text>Whenever Natural Resources police officers receive a grade or step increase, forest and park rangers in the State Forest and Park Service shall receive an equal grade or step increase.</text> </level> </level> <level label="h"> <text>Subject to § 1–107 of this article, 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 Natural Resources law enforcement officers.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-207" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <level label="1"> <text>The Department may purchase and manage lands in the name of the State, suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves, using for these purposes any special appropriation or surplus money not otherwise appropriated, which is standing to the credit of the Forest Reserve or Park Reserve Fund. However, an individual tract of land or easement in excess of 100 acres may not be purchased in Garrett County, except with the approval of the County Commissioners of that county. The Department may accept any gift of land in the name of the State to be held, protected, and administered by the Department as State parks, forests, or other reserves, and used to demonstrate the practical utility of the land for recreational areas, State parks, scenic preserves, parkways, historic monuments, timber culture, water conservation, and as a breeding place for wildlife. Any gift shall be absolute except for the reservation of mineral and mining rights over and under the land, and a stipulation that it shall be administered for State forest, park, or recreation purposes.</text> </level> <level label="2"> <text>The Department shall meet its needs for land in Garrett County by acquiring the land only from willing sellers, provided that the Department may acquire by condemnation easements of the minimal extent necessary for access or utility service to lands of the Department if there is no alternative location or means of providing the access or service.</text> </level> <level label="3"> <text>The Department may apply for a certificate of reservation for public use of abandoned land under Title 13 of the Real Property Article.</text> </level> </level> <level label="b"> <text>The Department may accept gifts, donations, or contributions of land from the federal government or any of its agencies, enter into agreements with the federal government or any of its agencies, and acquire by lease, purchase, or otherwise, lands the Department deems suitable for State forests or parks. The Department may make expenditures from any funds not otherwise obligated for the management, development, and utilization of the lands. It may sell or dispose of products from the lands, and make rules and regulations necessary to carry out the provisions of this subsection. Any revenue received from the lands shall be paid into the State Treasury to the credit of the Forest or Park Reserve Fund in accordance with the provisions of § 5-212 of this subtitle. However, at least 50 percent of the gross revenues derived from the lands may be devoted to the payment of any obligations for the purchase incurred under the provisions of this subsection, until the obligations are fully paid.</text> </level> <level label="c"> <text>Notwithstanding any other provision of law, a lease into which the Department enters after July 1, 1979 for any land acquired under this title is not subject to redemption of the tenant, unless the lease expressly provides otherwise.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-208" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Department may condemn land, earth, gravel, stone, timber, material, or any improvements in the name of the State when action is necessary to carry out the purpose of any legislative act or advance the aims of forestry, parks, or recreation, and the work of the Department. The Department may pay any cost and expense incurred out of any surplus money standing to the credit of the Forest Reserve or Park Reserve Funds, not otherwise appropriated. This section does not apply to land located within Baltimore City.</text> </level> <level label="b"> <text>After a complaint for condemnation has been filed in accordance with Maryland Rule 12-205, and upon payment into the court of an amount equal to the higher of two appraisals, the court, at the request of the Department, may, following a prompt hearing, issue an injunction prohibiting any physical change or improvement to the property which would adversely affect the public purpose for which the Department is seeking to condemn the property. However, if the complaint for condemnation and payment into the court is accompanied or followed by an affidavit or affidavits from the Department alleging a reasonable belief that the property owner intends to cause imminent and irreparable physical change to the property, the court may issue an ex parte injunction prohibiting any physical change or improvement to the property until a prompt hearing can be held, after which hearing the terms of the ex parte injunction may be continued or modified as justice may require until the condemnation proceedings are concluded. The court may, as a part of the hearing, release all or part of the funds to prevent economic injury to the landowner.</text> </level> <level label="c"> <text>If the Department abandons the condemnation suit, the court may award the defendants compensation for any economic injury that they may have incurred due to the injunction prohibiting any change or improvement to the property.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-209" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Department may make rules and regulations for the maintenance of order, safety, sanitation, traffic control, or for the protection of trees and other property and the preservation of the natural beauty within the State parks and forests, State reserves, scenic preserves, parkways, historical monuments, recreational areas, and any other lands under its control. The rules and regulations shall be posted in conspicuous places upon the lands and enforced by the forest and park officers.</text> </level> <level label="b"> <level label="1"> <text>The Secretary shall promulgate rules and regulations regarding equipment standards and the operation of off–road vehicles by type, as defined in § 10–410(d) of this article, on property owned or controlled by the Department.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraphs (ii) and (iii) of this paragraph, the Secretary shall conduct appropriate studies and, by January 1, 1975, designate and identify areas for use by the general public for operation of motorcycles, snowmobiles and other off–road vehicles on that property exclusive of wildlife management areas or State fisheries management areas to the extent such use is compatible with the character and established uses of property controlled by the Department.</text> </level> <level label="ii"> <text>An off–road vehicle may not be used:</text> <level label="1"> <text>Where its operation will damage the wildland character of the property; or</text> </level> <level label="2"> <text>Where the noise from its operation will be audible at or interfere with the use of a picnic or camping area open to public use.</text> </level> </level> <level label="iii"> <text>The Department may not establish an off–road vehicle trail on State–owned property located in Sideling Hill in Washington County, including:</text> <level label="1"> <text>The Sideling Hill Wildlife Management Area; and</text> </level> <level label="2"> <text>The areas of Sideling Hill that are located to the north and south of Interstate 68.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>Prior to March 31, 1976, every off–road vehicle to be used on Department lands shall be registered and provided suitable identification by the Department, which shall charge an annual uniform fee for all registrants, revenues derived from which shall be used to acquire and maintain areas for off–road vehicle use by the general public.</text> </level> <level label="ii"> <text>Any investment earnings derived from the revenues shall be credited to the General Fund of the State. Revenues from the fee are not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="iii"> <text>Revenues may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="4"> <text>Any property to be acquired or designated for off–road vehicle use shall be subject to a public hearing held in the county or counties wherein the property is situated.</text> </level> </level> <level label="c"> <text>The Department shall, with the endorsement of the Secretary of Natural Resources and the Secretary of Health, after a public hearing following 60 days’ notice, adopt and publish maximum sound level limits under specified measurement conditions governing the operation of motor–driven off–highway vehicles in State parks and forests and other lands under its control not later than January 1, 1976. Such limits shall be established at the most restrictive level consistent with the attainment of the environmental noise standards adopted by the Maryland Department of Health which is achievable through the application of the best available technology and at a reasonable cost. The Department shall adopt and enforce regulations for the administration and enforcement of this section, taking into account accepted scientific and professional methods for measurement of sound levels.</text> </level> <level label="d"> <level label="1"> <text>No person may sell, offer for sale, distribute, or lease any new motor–driven off–highway recreational vehicle that is of a type not subject to registration under the Maryland Vehicle Law and that has a maximum sound level potential exceeding the sound level limits established by the Department for the maximum allowable noise emissions from such vehicles.</text> </level> <level label="2"> <text>The Department shall, after consultation with the Department of Transportation, and with the endorsement of the Secretary of Natural Resources and Secretary of Health, after a public hearing following 60 days’ notice, adopt and publish maximum sound level limits for the various classes of such vehicles not later than January 1, 1976. Such limits shall be established at the most restrictive level consistent with the environmental noise standards adopted by the Maryland Department of Health which is achievable through the application of the best available technology and at a reasonable cost.</text> </level> <level label="3"> <text>The Department shall establish test procedures to establish compliance with the limits adopted, taking into consideration accepted scientific and professional standards for the measurement of sound. Such test procedures shall be in substantial conformity with test procedures contained in applicable standards and recommended practices established by the Society of Automotive Engineers, Inc., or its successor bodies, or the American National Standards Institute or its successor bodies, for the measurement of sound levels.</text> </level> <level label="4"> <text>The manufacturer, distributor, importer, or designated agent shall file a written certificate under oath with the Department that the makes and models described thereon comply with the requirements established pursuant to this section. Such certificates shall be filed for each make and model sold in this State.</text> </level> </level> <level label="e"> <text>The Department shall adopt regulations that prescribe the type and color of paint to be used for posting private property under § 6–402 of the Criminal Law Article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-210" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <text>The Secretary, upon request, shall assist other State units, counties, towns, corporations, and individuals in preparing plans for park, recreation and natural area acquisition and development, acquisition of multiple use areas including protection of watersheds, management, and replacement of trees, woodlots, and timber tracts under an agreement that a party obtaining the assistance, pay at least the field expenses of the men employed in preparing the plans.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-210.1" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Department shall coordinate with the Department of General Services to:</text> <level label="1"> <text>Develop an electronic asset management system for its infrastructure, including:</text> <level label="i"> <text>A list of maintenance projects at each site;</text> </level> <level label="ii"> <text>The status of each maintenance project;</text> </level> <level label="iii"> <text>The date on which each project was added to the system; and</text> </level> <level label="iv"> <text>Features that allow the Department to manage the planning, scheduling, work order, and cost of each maintenance project;</text> </level> </level> <level label="2"> <text>Develop a facility condition index assessment process for all Park Service sites, modeled after the National Park Service’s facility condition index; and</text> </level> <level label="3"> <text>Establish a dedicated asset evaluation team to:</text> <level label="i"> <text>Assess the condition of Maryland Park Service structures, infrastructure, and landscapes;</text> </level> <level label="ii"> <text>Update individual facility condition indices on an ongoing basis; and</text> </level> <level label="iii"> <text>Cross–reference the condition of Park Service sites and facility condition indices with the distribution of Park Service assets within environmental justice communities as identified by the Department using the Maryland Environmental Justice Screen Tool.</text> </level> </level> </level> <level label="b"> <text>When determining whether to repair or replace infrastructure with sustainable technology, the Department shall consider how the replacement value of an asset will change if only sustainable technology is used, including any ongoing cost savings.</text> </level> <level label="c"> <level label="1"> <text>The Department shall:</text> <level label="i"> <text>Take inventory of all State land managed by the Department, including:</text> <level label="1"> <text>Acreage;</text> </level> <level label="2"> <text>Any structures on each property;</text> </level> <level label="3"> <text>The use of each property; and</text> </level> <level label="4"> <text>Whether a property is located within an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool; and</text> </level> </level> <level label="ii"> <text>Develop a maintenance project prioritization process modeled after the National Park Service’s asset priority index that includes a layer indicating whether a maintenance project is located in an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool.</text> </level> </level> <level label="2"> <level label="i"> <text>The Department shall conduct a systemwide survey of historical and cultural resources with a focus on racial and linguistic inclusivity, including an estimation of restoration, preservation, and maintenance costs.</text> </level> <level label="ii"> <text>The Department may not delay the preservation and restoration of historical and cultural resources while conducting the systemwide survey.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-211" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <text>The Department shall prepare, print, and distribute on request, matter relating to the State forests, parks, scenic preserves, parkways, historic monuments, and recreational areas.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-212" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>In this section, “Fund” means the Forest or Park Reserve Fund.</text> </level> <level label="b"> <text>There is a Forest or Park Reserve Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to enable the Department to purchase and manage in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves.</text> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> <level label="2"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, and recreation areas;</text> </level> <level label="2"> <text>Revenue distributed to the Fund from fines collected under § 5–1302 of this title;</text> </level> <level label="3"> <text>Revenue received by the Fund under § 5–207(b) of this subtitle; and</text> </level> <level label="4"> <text>Any money transferred to the Fund under § 5–903(i)(3)(ii) of this title.</text> </level> </level> <level label="g"> <level label="1"> <text>Subject to paragraphs (3) and (4) of this subsection, the Fund may be used only for:</text> <level label="i"> <level label="1"> <text>Purchasing and managing in the name of the State lands suitable for forest culture, reserves, watershed protection, State parks, scenic preserves, historic monuments, parkways, and State recreational reserves; and</text> </level> <level label="2"> <text>Helping to offset the costs to the Forest and Park Service for developing and implementing a forest health emergency contingency program under § 5–307 of this title;</text> </level> </level> <level label="ii"> <text>Subject to paragraphs (2) and (4) of this subsection, payments to counties in the amount of:</text> <level label="1"> <text>If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the revenue derived from the State forest or park reserve located in that county; and</text> </level> <level label="2"> <text>If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the revenue derived from the State forest or park reserve located in that county; and</text> </level> </level> <level label="iii"> <text>Administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="2"> <text>For fiscal years 2012, 2013, and 2015 only, the payments under paragraph (1)(ii) of this subsection shall be based only on the revenue derived from sales of timber.</text> </level> <level label="3"> <level label="i"> <text>From revenues described in subsection (f) of this section that are attributable to Maryland Park Service operations, less any amount of those revenues allocated for administrative costs in accordance with paragraph (1)(iii) of this subsection, the Governor shall include in the State budget an appropriation for the Maryland Park Service equal to 100% of the remaining revenues, for fiscal year 2018.</text> </level> <level label="ii"> <text>From revenues described in subsection (f) of this section that are attributable to Maryland Park Service operations, less any amount of those revenues allocated for administrative costs in accordance with paragraph (1)(iii) of this subsection, and less any prior year closing fund balance, for fiscal year 2019 and each fiscal year thereafter, the Governor shall include in the State budget an appropriation for the Maryland Park Service in an amount equal to 100% of the revenues from the second preceding fiscal year.</text> </level> </level> <level label="4"> <text>A county may not receive a payment under paragraph (1)(ii) of this subsection in a fiscal year if the county receives a payment from the State under § 6.5–201 of the Tax – Property Article in the same fiscal year.</text> </level> </level> <level label="h"> <level label="1"> <text>The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-212.1" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Account” means the Forest and Park Concession Account.</text> </level> <level label="3"> <level label="i"> <text>“Concession operations” means activities within a State forest or park that:</text> <level label="1"> <text>Raise revenue;</text> </level> <level label="2"> <text>Function under a separate budget system; and</text> </level> <level label="3"> <text>Supplement the operation of the facility where it is located.</text> </level> </level> <level label="ii"> <text>“Concession operations” includes:</text> <level label="1"> <text>Food concessions;</text> </level> <level label="2"> <text>Boat rentals;</text> </level> <level label="3"> <text>Gift shops;</text> </level> <level label="4"> <text>Marine sales;</text> </level> <level label="5"> <text>Snack bars; and</text> </level> <level label="6"> <text>Camp stores.</text> </level> </level> </level> </level> <level label="b"> <text>There is a Forest and Park Concession Account in the Department.</text> </level> <level label="c"> <text>The purpose of the Account is to finance:</text> <level label="1"> <text>The maintenance and operation of concession operations; and</text> </level> <level label="2"> <text>The functions of State forests and parks.</text> </level> </level> <level label="d"> <text>The Department shall administer the Account.</text> </level> <level label="e"> <level label="1"> <text>The Treasurer shall hold the Account separately and the Comptroller shall reconcile the Account.</text> </level> <level label="2"> <text>The Account is a special, nonlapsing account that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> </level> <level label="f"> <text>The Account consists of any money derived from concession operations in State forests and parks.</text> </level> <level label="g"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Account shall be used only for:</text> <level label="i"> <text>The maintenance and operation of concession operations;</text> </level> <level label="ii"> <text>The function of State forests and parks to the extent of the projected balance of the Account from the prior fiscal year; and</text> </level> <level label="iii"> <text>Administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraphs (ii) and (iii) of this paragraph, each county in which any State forest or park is located shall be paid annually out of the Account:</text> <level label="1"> <text>If the State forest or park reserve comprises less than 10% of the total land area of the county, a sum equal to 15% of the net revenue derived from concession operations within a State forest or park located in that county; or</text> </level> <level label="2"> <text>If the State forest or park reserve comprises 10% or more of the total land area of the county, a sum equal to 25% of the net revenue derived from concession operations within a State forest or park located in that county.</text> </level> </level> <level label="ii"> <text>For fiscal year 2015 only, the payments under subparagraph (i) of this paragraph may not be made.</text> </level> <level label="iii"> <text>A county may not receive a payment under subparagraph (i) of this paragraph in a fiscal year if the county receives a payment from the State under § 6.5–201 of the Tax – Property Article in the same fiscal year.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>The Treasurer shall invest the money of the Account in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Account shall be credited to the General Fund of the State.</text> </level> </level> <level label="i"> <level label="1"> <text>Expenditures from the Account may be made only in accordance with the State budget.</text> </level> <level label="2"> <text>The budget submitted by the Governor to the General Assembly shall include the revenues and expenditures of the Account in the same detail as other special fund accounts administered by the Department.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-213" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <text>An item lost or abandoned within a State forest, park, or wildlife management area and unclaimed for one year becomes the property of the State, and the Secretary may dispose of the item in the best interest of the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-214" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The Department shall develop a system for long-range renewable forest resources planning. The public and private forest land resources of Maryland, including, but not limited to, wood fiber, forest recreation, wildlife, fish, forest watershed, and wilderness potential, shall be examined and inventoried periodically. As part of the forest resource planning process, the Department periodically shall develop, review and revise a resource plan that should help to provide for a sustained yield of forest resource benefits for the citizens of Maryland. The forest resource plan shall be made available for public and legislative review and comment.</text> </level> <level label="b"> <text>To ensure the availability and compatibility of planning data, scientific information and funding, the Department shall cooperate with the U.S. Department of Agriculture in forest resource planning efforts as provided for in the Forest and Rangelands Renewable Resources Planning Act of 1974 and the Cooperative Forestry Assistance Act of 1978.</text> </level> <level label="c"> <text>The Department may accept federal funds and may provide cost share funds to cooperative governments.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-215" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>In this section, “Fund” means the Deep Creek Lake Recreation Maintenance and Management Fund.</text> </level> <level label="b"> <text>There is a Deep Creek Lake Recreation Maintenance and Management Fund in the Department for the maintenance and management of the land, recreational facilities, and services that are related to Deep Creek Lake in Garrett County.</text> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraphs (2) and (4) of this subsection, the Department shall pay all fees collected for boat launching at Deep Creek Lake State Park, all funds collected from lake and buffer use permits, contracts, grants, and gifts as a result of the Deep Creek Lake management program, and any investment earnings of the Fund, into the Fund.</text> </level> <level label="2"> <text>At the end of each quarter of the fiscal year, the Department shall pay 25% of the total revenue collected during the quarter under paragraph (1) of this subsection to the Board of County Commissioners of Garrett County.</text> </level> <level label="3"> <level label="i"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="ii"> <text>Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.</text> </level> </level> <level label="4"> <text>Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="d"> <text>Unless there is an agreement between the Secretary and the Deep Creek Lake Policy and Review Board as to a proposed change, the fee for issuance and processing of any permit covered under subsection (c) of this section may not be changed.</text> </level> <level label="e"> <level label="1"> <text>Before the Department and the Deep Creek Lake Policy and Review Board may change any fee for the issuance and processing of any permit covered under subsection (c) of this section, the Secretary shall hold a public hearing in Garrett County.</text> </level> <level label="2"> <text>Notice of the public hearing shall be published in two newspapers of general circulation in Garrett County at least 30 days before the hearing.</text> </level> <level label="3"> <text>The notice shall include the proposed change in the fee and the reason for the fee.</text> </level> </level> <level label="f"> <level label="1"> <text>A person may apply to the Department for a lake and buffer use permit.</text> </level> <level label="2"> <text>A person who is aggrieved by a decision of the Department to issue or deny a lake and buffer use permit may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-215.1" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>The General Assembly declares that:</text> <level label="1"> <text>Deep Creek Lake and the land under and around it possess unique and valuable scenic, ecologic, historic, recreational, fish, wildlife, and other natural resource values; and</text> </level> <level label="2"> <text>A Deep Creek Lake recreation and land use plan will:</text> <level label="i"> <text>Protect the resources and natural value of the lake and surrounding land;</text> </level> <level label="ii"> <text>Provide for the ongoing recreation, use, and enjoyment of these resources; and</text> </level> <level label="iii"> <text>Fulfill vital conservation purposes by wise, sustainable use of these resources.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Secretary and the Deep Creek Lake Policy and Review Board shall prepare a plan that provides for the wise use, protection, and management of the natural and recreational resources of Deep Creek Lake.</text> </level> <level label="2"> <text>The plan shall:</text> <level label="i"> <text>Evaluate the lake, shoreline, and buffer area as a recreational, water, natural, and scenic resource, considering land use, carrying capacity, zoning, visitor access, recreation areas, commercial and private use, and related activities; and</text> </level> <level label="ii"> <text>Reflect activities such as fishing, boating, docking, hiking, water sports, scenic appreciation, natural interpretation, and other programs which provide the public with opportunities to appreciate and enjoy the value of the lake and buffer area.</text> </level> </level> </level> <level label="c"> <text>The Department may consult with the Department of the Environment and the Department of Commerce:</text> <level label="1"> <text>In preparing the Deep Creek Lake recreation and land use plan; and</text> </level> <level label="2"> <text>On any other matter relating to Deep Creek Lake.</text> </level> </level> <level label="d"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Secretary may adopt regulations relating to Deep Creek Lake that are necessary to:</text> <level label="i"> <text>Protect the public health and safety, natural resources, and the environment; or</text> </level> <level label="ii"> <text>Implement the Deep Creek Lake recreation and land use plan.</text> </level> </level> <level label="2"> <text>Before the Secretary proposes or adopts a regulation, the Secretary shall submit a draft of the regulation to the Deep Creek Lake Policy and Review Board for its review and consent if the regulation relates to:</text> <level label="i"> <text>The content or the adoption and implementation of a Deep Creek Lake recreation and land use plan, as described under subsections (a) and (b) of this section; or</text> </level> <level label="ii"> <text>Any fee proposed under § 5–215 of this subtitle.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-216" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>There is a Deep Creek Lake Policy and Review Board.</text> </level> <level label="b"> <level label="1"> <text>The Board consists of:</text> <level label="i"> <text>Five members appointed by the Governor in accordance with paragraph (2) of this subsection;</text> </level> <level label="ii"> <text>The Senator of the Maryland General Assembly who represents legislative district 1 or the Senator’s designee;</text> </level> <level label="iii"> <text>The Delegate of the Maryland General Assembly who represents delegate district 1A of legislative district 1 or the Delegate’s designee;</text> </level> <level label="iv"> <text>A member of the Board of County Commissioners of Garrett County, selected by the Board of County Commissioners, or an alternative County Commissioner, serving as the member’s designee;</text> </level> <level label="v"> <text>The president of the Deep Creek Lake property owner’s association or the president’s designee;</text> </level> <level label="vi"> <text>The chairman of the Garrett County Chamber of Commerce or the chairman’s designee; and</text> </level> <level label="vii"> <text>The following nonvoting ex officio members:</text> <level label="1"> <text>The Secretary, or the Secretary’s designee; and</text> </level> <level label="2"> <text>The Secretary of the Environment, or the Secretary of the Environment’s designee.</text> </level> </level> </level> <level label="2"> <text>Of the five members appointed under paragraph (1)(i) of this subsection:</text> <level label="i"> <text>Two shall be residents of Garrett County;</text> </level> <level label="ii"> <text>One shall be a representative of the Maryland Bass Federation and a resident of Maryland; and</text> </level> <level label="iii"> <text>Two shall be members at large.</text> </level> </level> <level label="3"> <level label="i"> <text>Each member of the Board appointed under paragraph (1)(i) of this subsection serves for a term concurrent with the term of the Board of County Commissioners of Garrett County.</text> </level> <level label="ii"> <text>At the end of a term, the member continues to serve until a successor is appointed.</text> </level> <level label="iii"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.</text> </level> </level> <level label="4"> <text>Each member of the Board or designee serving under paragraph (1)(ii) through (vii) of this subsection serves for a term concurrent with the member’s office or position.</text> </level> </level> <level label="c"> <text>From among the members appointed under subsection (b)(1)(i) of this section, the Governor shall name a chairman of the Board.</text> </level> <level label="d"> <level label="1"> <text>A majority of the voting members then serving on the Board is a quorum.</text> </level> <level label="2"> <text>A member of the Maryland General Assembly, or a designee of the member, shall abstain from voting on:</text> <level label="i"> <text>A proposed fee under § 5–215(d) of this subtitle; or</text> </level> <level label="ii"> <text>Any other regulation submitted to the Board under § 5–215.1(d)(2) of this subtitle.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The Board shall meet at least four times a year.</text> </level> <level label="2"> <text>The chairman shall determine the time and place of the meetings of the Board.</text> </level> <level label="3"> <text>Each meeting shall be conducted in Garrett County.</text> </level> </level> <level label="f"> <level label="1"> <text>A member of the Board:</text> <level label="i"> <text>May not receive compensation; but</text> </level> <level label="ii"> <text>Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </level> <level label="2"> <text>Expenses shall be paid from the Deep Creek Lake Recreation Maintenance and Management Fund.</text> </level> </level> <level label="g"> <level label="1"> <text>The Board shall review and advise the Secretary on matters that relate to the Deep Creek Lake Recreation Maintenance and Management Fund and the Deep Creek Lake management program.</text> </level> <level label="2"> <text>The Board may review and make recommendations to the Secretary on budgetary matters that concern the management and maintenance of the lake and buffer area.</text> </level> <level label="3"> <text>The Board shall review and advise the Secretary of the Environment on matters that relate to Deep Creek Lake and are within the jurisdiction of the Secretary of the Environment.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-217" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <text>A person may not dispose of raw sludge sewage on State park land or State forest land, unless the disposal is part of a program designed and operated by the Department of Natural Resources or the Department of the Environment.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-218" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>In this section the following words have the meanings indicated:</text> <level label="1"> <text>“Corps” means the Maryland Conservation Corps.</text> </level> <level label="2"> <text>“Youth” means a Maryland resident who is age 16 through 24.</text> </level> </level> <level label="b"> <text>There is a Maryland Conservation Corps in the Department.</text> </level> <level label="c"> <text>The Corps shall provide meaningful and productive employment for available manpower of this State in the field of development and maintenance of the State’s natural resources. The General Assembly finds that employing Maryland’s youth to conserve or develop natural resources and enhance and maintain environmentally important lands and waters is:</text> <level label="1"> <text>Beneficial to the youth of the State because it provides them with educational and work opportunities; and</text> </level> <level label="2"> <text>Beneficial to the State’s economy and environment.</text> </level> </level> <level label="d"> <text>The purpose of this section is to provide Maryland’s youth with a work experience opportunity that will:</text> <level label="1"> <text>Further their understanding and appreciation of natural resources; and</text> </level> <level label="2"> <text>Teach them basic and fundamental work ethics, including:</text> <level label="i"> <text>Discipline;</text> </level> <level label="ii"> <text>Cooperation;</text> </level> <level label="iii"> <text>The ability to live and work with others; and</text> </level> <level label="iv"> <text>The value of a day’s work.</text> </level> </level> </level> <level label="e"> <text>The Corps shall engage in projects for:</text> <level label="1"> <text>Conserving, improving, and developing natural resources; and</text> </level> <level label="2"> <text>Enhancing, preserving, and maintaining environmentally important public lands and waters.</text> </level> </level> <level label="f"> <text>Corps projects shall conserve, improve, or develop natural resources or enhance, preserve, and maintain environmentally important public lands and waters, while providing youths with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas on the basis of:</text> <level label="1"> <text>The environmental and natural resource benefits the project offers;</text> </level> <level label="2"> <text>The opportunity for public use the project offers; and</text> </level> <level label="3"> <text>The on-the-job training value of the project.</text> </level> </level> <level label="g"> <text>Youths participating in the Corps shall work in projects which do the following:</text> <level label="1"> <text>Preserve, maintain, and enhance environmentally important lands and waters;</text> </level> <level label="2"> <text>Work on public works projects in urban and rural areas;</text> </level> <level label="3"> <text>Conserve, maintain, improve, and develop natural resources in urban and rural areas;</text> </level> <level label="4"> <text>Assist in emergency operations, such as natural disaster relief and the rescue of lost and injured individuals;</text> </level> <level label="5"> <text>Assist in fire prevention and suppression;</text> </level> <level label="6"> <text>Directly contribute to the conservation of energy;</text> </level> <level label="7"> <text>Contribute toward making public facilities accessible to individuals with disabilities; and</text> </level> <level label="8"> <text>Assist other State agencies in developing, rehabilitating, and restoring parklands, recreational facilities, historical resources, fish spawning and rearing habitats, wildlife habitats, and the Chesapeake Bay.</text> </level> </level> <level label="h"> <level label="1"> <text>The Department shall recruit and employ youths for the Corps through existing State service delivery systems.</text> </level> <level label="2"> <text>The Department shall recruit youths for employment in the Corps without regard to their prior employment or educational background.</text> </level> <level label="3"> <text>A youth recruited for the Corps may not be hired through mechanisms for the employment of skilled service or professional service employees in the State Personnel Management System and may not earn any of the benefits of a skilled service or professional service employee, with the exception of special appointments.</text> </level> </level> <level label="i"> <text>Annual funding for the Corps will be from:</text> <level label="1"> <text>Appropriated funds; or</text> </level> <level label="2"> <text>The Forest and Park Reserve Fund.</text> </level> </level> <level label="j"> <text>The Department shall use any federal appropriations that:</text> <level label="1"> <text>May become available; and</text> </level> <level label="2"> <text>Are designated for State employment programs in the field of natural resources conservation.</text> </level> </level> <level label="k"> <text>The Department shall adopt rules and regulations to carry out the provisions of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-219" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Reforestation” means the stocking or restocking of an area with forest tree species.</text> </level> <level label="ii"> <text>“Reforestation” includes:</text> <level label="1"> <text>Site preparation by mechanical operation, application of herbicides, or prescribed burning;</text> </level> <level label="2"> <text>Tree planting;</text> </level> <level label="3"> <text>Release of seedlings from competing vegetation;</text> </level> <level label="4"> <text>Animal damage control of seedlings; and</text> </level> <level label="5"> <text>Other activities that the Secretary requires.</text> </level> </level> <level label="iii"> <text>“Reforestation” does not include the growing of Christmas or ornamental trees.</text> </level> </level> <level label="3"> <level label="i"> <text>“Timber stand improvement” means any cultural operation made to improve the composition, constitution, condition, or increment of a timber stand that does not result in immediately salable forest products.</text> </level> <level label="ii"> <text>“Timber stand improvement” includes:</text> <level label="1"> <text>Tree removal, girdling, poisoning, and pruning activities; and</text> </level> <level label="2"> <text>Activities that improve forest health, including:</text> </level> <level label="A"> <text>Efforts to control invasive species;</text> </level> <level label="B"> <text>Creation or maintenance of forested riparian buffers;</text> </level> <level label="C"> <text>Installation of water quality protection devices;</text> </level> <level label="D"> <text>Reduction, removal, or other management of the residual materials generated during timber harvest;</text> </level> <level label="E"> <text>Restoration of forest habitat affected by logging access roads and trails; and</text> </level> <level label="F"> <text>Other habitat improvement or best management practices as determined by the Department.</text> </level> </level> </level> </level> <level label="b"> <text>A person who owns or leases 3 to 1,000 acres of land may apply for reforestation or timber stand improvement certification under this section if the land is:</text> <level label="1"> <text>Capable of growing more than 20 cubic feet of wood per acre per year; and</text> </level> <level label="2"> <text>Available for the application of scientific forest management practices for the primary purpose of growing and harvesting forest tree species.</text> </level> </level> <level label="c"> <text>The Department shall issue an initial certification of reforestation or timber stand improvement to an applicant who owns or leases 3 to 1,000 acres of land that is used as commercial forest land or that is being restored and is capable of growing a commercial forest, if there is:</text> <level label="1"> <text>A successful planting of the required minimum number of seedlings with acceptable species; or</text> </level> <level label="2"> <text>Timber stand improvement activities in accordance with a forest management plan developed by a licensed forester.</text> </level> </level> <level label="d"> <level label="1"> <text>Within 2 years after the date of initial certification, the Department shall issue a final certification of reforestation or timber stand improvement to an applicant who received an initial certification if:</text> <level label="i"> <text>Seedlings are living without other vegetation growing around or over the seedling; or</text> </level> <level label="ii"> <text>Successful timber stand improvements have been made in accordance with regulations of the Secretary.</text> </level> </level> <level label="2"> <text>If the reforestation or timber stand improvement activities do not meet the requirements for final certification when the application is made, the applicant may replant or conduct additional timber stand improvement activities.</text> </level> </level> <level label="e"> <text>If an application for final certification is not filed within 2 years after the date of initial certification, the applicant shall submit a plan to continue the reforestation or timber stand improvement project to the Department.</text> </level> <level label="f"> <text>The Department shall decertify land if:</text> <level label="1"> <text>Reforestation or timber stand improvement activity on the land is discontinued before issuance of a final certificate;</text> </level> <level label="2"> <text>A final certificate application or a plan of continuation is not filed within 2 years after the date on which the initial certificate is issued; or</text> </level> <level label="3"> <text>The land does not continue to be used as commercial forest land for 15 years after final certification is issued.</text> </level> </level> <level label="g"> <text>The Secretary shall:</text> <level label="1"> <text>Adopt regulations to carry out this section;</text> </level> <level label="2"> <text>Provide to a certified person notice of initial and final certification that the person may file with the Comptroller as evidence of the eligibility of the person for the income tax subtraction modification for reforestation and timberland expense allowed under §§ 10–208 and 10–308 of the Tax – General Article; and</text> </level> <level label="3"> <text>Send a copy of a decertification notice to the Comptroller for purposes of the income tax addition modification for reforestation and timberland expense required under §§ 10–205 and 10–306 of the Tax – General Article.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-220" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>In this section, “Fund” means the Park System Critical Maintenance Fund.</text> </level> <level label="b"> <text>There is a Park System Critical Maintenance Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to provide funding for completing State projects that address critical maintenance concerns on lands managed by the Department for public purposes.</text> </level> <level label="d"> <text>The Secretary shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Revenue distributed to the Fund under § 13–209(g) of the Tax – Property Article;</text> </level> <level label="2"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="3"> <text>Interest earnings; and</text> </level> <level label="4"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only for State park projects that address critical maintenance concerns on lands managed by the Department for public purposes.</text> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Money expended from the Fund for critical maintenance in the State’s parks is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for critical maintenance in the State’s parks.</text> </level> <level label="k"> <level label="1"> <text>For fiscal year 2024 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $70,000,000 to the Fund for State projects that address critical maintenance concerns on lands managed by the Department for public purposes.</text> </level> <level label="2"> <text>The Department shall expend the funds allocated under this subsection before July 1, 2029.</text> </level> </level> <level label="l"> <text>Notwithstanding § 13–109 of the State Finance and Procurement Article, the Department may expend up to $400,000 for a project that addresses critical maintenance concerns from the Fund without prior approval of the Department of General Services.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-221" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Fund” means the Park System Capital Improvements and Acquisition Fund.</text> </level> <level label="3"> <text>“Maryland Recreation Communication Boards Pilot Program” means the Maryland Recreation Communication Boards Pilot Program established under § 5–2B–03 of this title.</text> </level> </level> <level label="b"> <text>There is a Park System Capital Improvements and Acquisition Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to provide funding for:</text> <level label="1"> <text>Completing State projects related to capital improvements on lands managed by the Department for public purposes;</text> </level> <level label="2"> <text>Acquiring land to be managed by the Department for public purposes; and</text> </level> <level label="3"> <text>The Maryland Recreation Communication Boards Pilot Program in accordance with subsection (n)(4) of this section.</text> </level> </level> <level label="d"> <text>The Secretary shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="2"> <text>Interest earnings; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only for:</text> <level label="1"> <text>Completing State projects related to capital improvements on lands managed by the Department for public purposes;</text> </level> <level label="2"> <text>Acquiring land to be managed by the Department for public purposes; and</text> </level> <level label="3"> <text>Covering the costs of purchasing and installing a communication board under the Maryland Recreation Communication Boards Pilot Program.</text> </level> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Money expended from the Fund for capital improvements for State projects on lands managed by the Department for public purposes is:</text> <level label="1"> <text>Supplemental to and is not intended to take the place of funding that otherwise would be appropriated for capital improvements for State projects on lands managed by the Department for public purposes and the acquisition of land by the Department that will be managed for public purposes; and</text> </level> <level label="2"> <text>Intended to:</text> <level label="i"> <text>Expand public access on lands managed by the Department; and</text> </level> <level label="ii"> <text>Alleviate overcapacity within the State park system.</text> </level> </level> </level> <level label="k"> <text>For fiscal year 2024 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $36,873,928 to the Fund.</text> </level> <level label="l"> <text>The first $70,000,000 received by the Fund may be used only as follows:</text> <level label="1"> <text>At least $5,000,000 for infrastructure projects that mitigate the effects of climate change, including:</text> <level label="i"> <text>Flood barriers;</text> </level> <level label="ii"> <text>Forest buffers;</text> </level> <level label="iii"> <text>Green spaces;</text> </level> <level label="iv"> <text>Building elevation;</text> </level> <level label="v"> <text>Stormwater infrastructure;</text> </level> <level label="vi"> <text>Wetlands restoration; and</text> </level> <level label="vii"> <text>Addressing environmental justice concerns;</text> </level> </level> <level label="2"> <text>At least $5,000,000 for historic preservation, in accordance with subsection (m) of this section;</text> </level> <level label="3"> <text>At least $20,000,000 for transportation improvements, including:</text> <level label="i"> <text>Improving bike lanes and trails, increasing walkability, and expanding parking availability; and</text> </level> <level label="ii"> <text>Targeting transportation investments to avoid capacity shutdowns;</text> </level> </level> <level label="4"> <text>At least $10,000,000 for increasing water access, including kayak and boat launches and areas for picnicking near water and swimming; and</text> </level> <level label="5"> <text>Up to $30,000,000 for land acquisition, including:</text> <level label="i"> <text>Areas in the central and southern regions of the State that will:</text> <level label="1"> <text>Relieve overcrowding at existing State parks; and</text> </level> <level label="2"> <text>Expand public access to State parks and outdoor recreation;</text> </level> </level> <level label="ii"> <text>Sites of significance to the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State; and</text> </level> <level label="iii"> <text>Beachfront or waterfront property for public access.</text> </level> </level> </level> <level label="m"> <text>Funding for historic preservation under subsection (l) of this section shall be used to provide grants to, participate in cooperative agreements with, or use other financial instruments to fund the rehabilitation of State–owned historic resources in the Maryland State Park System performed by a nongovernmental organization capable of:</text> <level label="1"> <text>Project management;</text> </level> <level label="2"> <text>Historic rehabilitation;</text> </level> <level label="3"> <text>Property development; or</text> </level> <level label="4"> <text>Public service corps management.</text> </level> </level> <level label="n"> <text>If the Fund receives more than $70,000,000, the Department may use up to $10,000,000 for any of the purposes identified under subsection (l) of this section, including:</text> <level label="1"> <text>Land activation;</text> </level> <level label="2"> <text>New structures;</text> </level> <level label="3"> <text>Any capital improvements necessary to make State parks accessible to people with disabilities, including providing adult changing tables; and</text> </level> <level label="4"> <text>Up to $100,000 for the Maryland Recreation Communication Boards Pilot Program.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-222" title_number="5" title_name="Forests and Parks" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Forests and Parks -- in General"> <level label="a"> <text>In this section, “Fund” means the Great Maryland Outdoors Fund.</text> </level> <level label="b"> <text>There is a Great Maryland Outdoors Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to:</text> <level label="1"> <text>Support the Office of Outdoor Recreation in the Department;</text> </level> <level label="2"> <text>Provide resources to improve existing and create new outdoor recreation and outdoor environmental education opportunities;</text> </level> <level label="3"> <text>Implement the recommendations of the Maryland Outdoor Recreation Economic Commission to promote and grow the outdoor recreation sector in the State; and</text> </level> <level label="4"> <text>Promote and grow outdoor environmental education in the State.</text> </level> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Money appropriated in the State budget to the Fund in accordance with subsection (j) of this section;</text> </level> <level label="2"> <text>Interest earnings of the Fund; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only for:</text> <level label="1"> <text>Implementing the recommendations of the Maryland Outdoor Recreation Economic Commission;</text> </level> <level label="2"> <text>Department projects and programs that provide, promote, and enhance outdoor recreation or outdoor environmental education opportunities in the State; and</text> </level> <level label="3"> <text>Awarding grants to destination marketing organizations for the purpose of promoting and marketing State parks.</text> </level> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest or investment earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>For fiscal year 2024 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation not exceeding $3,000,000 to the Fund.</text> </level> <level label="k"> <text>Money expended from the Fund for existing programs in the Department that provide, promote, and enhance outdoor recreation or outdoor environmental education opportunities is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for those programs.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2A-01" title_number="5" title_name="Forests and Parks" subtitle_number="2A" subtitle_name="Maryland Park Service"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Commission” means the Parks and Recreation Commission.</text> </level> <level label="c"> <text>“Park Service” means the Maryland Park Service.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2A-02" title_number="5" title_name="Forests and Parks" subtitle_number="2A" subtitle_name="Maryland Park Service"> <level label="a"> <level label="1"> <level label="i"> <text>On or before October 1, 2023, the Department of Budget and Management shall increase the number of full–time employees in the Department by 100 permanent, classified positions.</text> </level> <level label="ii"> <text>The Department of Budget and Management shall budget the 100 positions required under subparagraph (i) of this paragraph as follows:</text> <level label="1"> <text>90 positions in the Park Service, including 1 volunteer management program coordinator;</text> </level> <level label="2"> <text>5 positions in the Engineering and Construction Unit;</text> </level> <level label="3"> <text>3 positions in the Land Acquisition and Planning Unit; and</text> </level> <level label="4"> <text>2 assistant Attorneys General with experience in real estate law assigned to the Department and designated by the Attorney General to advise on real estate and transactional matters.</text> </level> </level> </level> <level label="2"> <text>For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $12,000,000 to fund the 100 permanent, classified positions required under paragraph (1) of this subsection and related operating costs.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department of Budget and Management shall:</text> <level label="i"> <text>Conduct a staff adequacy review of the Park Service every 2 years; and</text> </level> <level label="ii"> <text>Report its findings to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> </level> <level label="2"> <text>As a part of the report under paragraph (1)(ii) of this subsection, the Department of Budget and Management shall consider staffing goals for the Park Service.</text> </level> </level> <level label="c"> <level label="1"> <text>The Department of Budget and Management shall:</text> <level label="i"> <text>Conduct a staff salary review of the Park Service every 3 years; and</text> </level> <level label="ii"> <text>Report its findings to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> </level> <level label="2"> <text>The salary review required under paragraph (1)(i) of this subsection shall focus on the goals of improving:</text> <level label="i"> <text>Hiring by compensating Park Service employees at a level commensurate with:</text> <level label="1"> <text>Local park systems;</text> </level> <level label="2"> <text>The National Park Service; and</text> </level> <level label="3"> <text>For Park Service maintenance personnel who perform skilled and licensed trade functions, the private sector; and</text> </level> </level> <level label="ii"> <text>Retention by promoting upward mobility within a job series.</text> </level> </level> </level> <level label="d"> <text>The Department shall recognize forest rangers, park rangers, and wildlife rangers as emergency services personnel.</text> </level> <level label="e"> <level label="1"> <level label="i"> <text>The Department shall implement a volunteer management program to strategically manage volunteer services provided by individuals and State parks friends groups.</text> </level> <level label="ii"> <text>The volunteer management program implemented under subparagraph (i) of this paragraph shall be modeled on the National Park Service’s Volunteers–In–Parks program.</text> </level> </level> <level label="2"> <text>The volunteer management program shall be managed by a volunteer program manager dedicated to overseeing the volunteer management program.</text> </level> <level label="3"> <text>The volunteer program manager shall:</text> <level label="i"> <text>Conduct annual training for staff and volunteers;</text> </level> <level label="ii"> <text>Develop and promote volunteer opportunities;</text> </level> <level label="iii"> <text>Perform audits, evaluations, and monitoring to determine the efficacy of the volunteer management program; and</text> </level> <level label="iv"> <text>Develop an annual report on volunteer statistics and impacts.</text> </level> </level> </level> <level label="f"> <text>The Department shall expand its work with park–focused organizations to leverage charitable funding for park enhancements.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2A-03" title_number="5" title_name="Forests and Parks" subtitle_number="2A" subtitle_name="Maryland Park Service"> <level label="a"> <level label="1"> <text>There is a Parks and Recreation Commission in the Department.</text> </level> <level label="2"> <text>The purpose of the Commission is to provide oversight of the Park Service.</text> </level> </level> <level label="b"> <text>The Commission shall consist of the following members:</text> <level label="1"> <text>A chair, appointed jointly by the President of the Senate and the Speaker of the House;</text> </level> <level label="2"> <text>Two members of the Senate of Maryland, appointed by the President of the Senate;</text> </level> <level label="3"> <text>Two members of the House of Delegates, appointed by the Speaker of the House;</text> </level> <level label="4"> <text>One citizen member, appointed by the President of the Senate;</text> </level> <level label="5"> <text>One citizen member, appointed by the Speaker of the House;</text> </level> <level label="6"> <text>Four members, appointed by the Governor, who reflect the racial, gender, ethnic, and geographic diversity of the State; and</text> </level> <level label="7"> <text>Two members of the Commission on Environmental Justice and Sustainable Communities, designated by the Chair of the Commission on Environmental Justice and Sustainable Communities.</text> </level> </level> <level label="c"> <text>The Department shall provide staff for the Commission.</text> </level> <level label="d"> <text>The Department shall annually provide the Commission with a briefing on the status of the Park Service and park system, including:</text> <level label="1"> <text>The number of annual capacity closures, listed by location;</text> </level> <level label="2"> <text>The critical maintenance backlog;</text> </level> <level label="3"> <text>Vacant staff positions;</text> </level> <level label="4"> <text>A description of the condition of the park system’s natural and cultural resources, including any vulnerabilities; and</text> </level> <level label="5"> <text>Any other information:</text> <level label="i"> <text>Related to the functioning of the Park Service; or</text> </level> <level label="ii"> <text>Requested by the members of the Commission.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The Commission shall meet quarterly to review the status of the Park Service.</text> </level> <level label="2"> <text>At each meeting, the Department shall report to the Commission on expenditures from the Park System Capital Improvements and Acquisition Fund.</text> </level> </level> <level label="f"> <level label="1"> <text>On or before December 1, 2024, and each December 1 thereafter, the Commission shall submit a report to the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Environment and Transportation Committee in accordance with § 2–1257 of the State Government Article.</text> </level> <level label="2"> <text>The report submitted under paragraph (1) of this subsection shall include the Commission’s:</text> <level label="i"> <text>Findings on the status of the Park Service; and</text> </level> <level label="ii"> <text>Recommendations on how the General Assembly can support the Park Service.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2A-04" title_number="5" title_name="Forests and Parks" subtitle_number="2A" subtitle_name="Maryland Park Service"> <level label="a"> <level label="1"> <text>On or before December 1, 2023, and every 5 years thereafter, the Department shall develop and publish a 5–year Capital Improvement Plan for the Park Service.</text> </level> <level label="2"> <text>In developing the Capital Improvement Plan, the Department shall, in coordination with the Commission, annually hold at least one public hearing with the opportunity for public comment.</text> </level> <level label="3"> <text>The 5–year Capital Improvement Plan shall include:</text> <level label="i"> <text>A list of all outstanding critical maintenance projects and the projected cost of each project;</text> </level> <level label="ii"> <text>A prioritization of critical maintenance projects and an explanation of the process for prioritizing the projects; and</text> </level> <level label="iii"> <text>Scoring and ranking for each critical maintenance project, as determined by the prioritization process.</text> </level> </level> <level label="4"> <text>The 5–year Capital Improvement Plan shall include the information required under paragraph (3) of this subsection disaggregated by region.</text> </level> <level label="5"> <text>The Department shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, the 5–year Capital Improvement Plan for the Park Service.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department of Legislative Services shall hire an independent consultant to conduct an independent study of:</text> <level label="i"> <text>Whether the Park Service is producing outcomes consistent with its mission;</text> </level> <level label="ii"> <text>The visitor experience for State parks, including:</text> <level label="1"> <text>Parking availability;</text> </level> <level label="2"> <text>Cleanliness; and</text> </level> <level label="3"> <text>Whether facilities, amenities, or areas are closed, including whether the closures are due to deferred maintenance;</text> </level> </level> <level label="iii"> <text>How funding can be used to enable the Park Service to produce outcomes consistent with its mission; and</text> </level> <level label="iv"> <text>How Park Service projects can support:</text> <level label="1"> <text>Climate change mitigation, adaptation, and resiliency; and</text> </level> <level label="2"> <text>Public health.</text> </level> </level> </level> <level label="2"> <text>On or before December 1, 2023, the independent consultant shall submit, in accordance with § 2–1257 of the State Government Article, a report on its findings and recommendations to the Commission.</text> </level> </level> <level label="c"> <text>The Department shall:</text> <level label="1"> <text>Recognize as a formal policy that the State’s forests, trees, and wetlands are a major tool for addressing climate change with regard to mitigation, adaptation, and resiliency; and</text> </level> <level label="2"> <text>Require all Park Service projects to contribute, to the extent possible, to the improvement of local water quality.</text> </level> </level> <level label="d"> <level label="1"> <text>The Park Service shall adopt universal design principles in its programming and amenities to ensure maximum access and safety for all residents and visitors, especially people with disabilities, older adults, and seniors.</text> </level> <level label="2"> <text>To ensure accessibility for individuals who are deaf, blind, or both, the Park Service website and all other digital outreach platforms shall adhere to Web Content Accessibility Guidelines 2.1 and Section 508 of the Americans with Disabilities Act.</text> </level> </level> <level label="e"> <text>The Park Service shall adopt design principles related to crime prevention in its programming and amenities to ensure maximum public safety for all residents and visitors.</text> </level> <level label="f"> <level label="1"> <text>The Department’s decisions related to the location and establishment of new State parks or amenities shall target areas:</text> <level label="i"> <text>Identified by the Department’s park equity tool as in need of recreational opportunities; or</text> </level> <level label="ii"> <text>That would relieve overcrowding in existing State parks that have consistently had to close to the public due to capacity restrictions.</text> </level> </level> <level label="2"> <text>The Department shall consider the cultural and ecological carrying capacities of State park areas when examining the development of new amenities in existing State parks.</text> </level> <level label="3"> <text>The Department’s decisions related to the establishment of State parks or other units that preserve and interpret the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State shall be made:</text> <level label="i"> <text>In coordination with the Commission; and</text> </level> <level label="ii"> <text>With input from groups active in the preservation of historical sites of underrepresented communities, including:</text> <level label="1"> <text>The Commission on Environmental Justice and Sustainable Communities;</text> </level> <level label="2"> <text>The Commission on African American History and Culture;</text> </level> <level label="3"> <text>The Governor’s Commission on Asian Pacific American Affairs;</text> </level> <level label="4"> <text>The Commission on Indian Affairs; and</text> </level> <level label="5"> <text>The Office of Immigrant Affairs.</text> </level> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2A-05" title_number="5" title_name="Forests and Parks" subtitle_number="2A" subtitle_name="Maryland Park Service"> <level label="a"> <text>The Department shall:</text> <level label="1"> <text>Develop and publish a Comprehensive Long–Range Strategic Plan by December 1, 2024;</text> </level> <level label="2"> <text>Update the Comprehensive Long–Range Strategic Plan every 5 years to reflect major goals and progress toward meeting those goals; and</text> </level> <level label="3"> <text>Submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, the Comprehensive Long–Range Strategic Plan and any updates to the plan.</text> </level> </level> <level label="b"> <text>The Comprehensive Long–Range Strategic Plan shall include:</text> <level label="1"> <text>The feasibility of:</text> <level label="i"> <text>Establishing new State parks through:</text> <level label="1"> <text>Land acquisition; or</text> </level> <level label="2"> <text>Redesignating existing State land, including Cedarville State Forest, to be a State park; and</text> </level> </level> <level label="ii"> <text>Developing new amenities in current State parks, including:</text> <level label="1"> <text>Trails and trail connectors;</text> </level> <level label="2"> <text>Water access;</text> </level> <level label="3"> <text>Parking areas; and</text> </level> <level label="4"> <text>Other capital improvements that increase park capacity;</text> </level> </level> </level> <level label="2"> <text>New State parks or other units that preserve and interpret the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State;</text> </level> <level label="3"> <text>A multilateral, whole–system plan for outdoor recreation in the State, including:</text> <level label="i"> <text>The results of any coordination between the Department and county, municipal, and federal park systems to increase trail connectivity between park systems; and</text> </level> <level label="ii"> <text>A partnership plan developed by the Department in consultation with:</text> <level label="1"> <text>The Office of Outdoor Recreation;</text> </level> <level label="2"> <text>The Park Service’s business manager;</text> </level> <level label="3"> <text>County tourism entities and economic development offices;</text> </level> <level label="4"> <text>The Maryland Municipal League;</text> </level> <level label="5"> <text>The Maryland Association of Counties;</text> </level> <level label="6"> <text>The Outdoor Recreation Roundtable; and</text> </level> <level label="7"> <text>The Commission on Environmental Justice and Sustainable Communities;</text> </level> </level> </level> <level label="4"> <text>The feasibility of expanding the day–use reservation system beyond the Falling Branch area of Rocks State Park to all parks experiencing capacity shutdowns, including considerations on how the expansion of the day–use reservation system may impact State park visitors in terms of equity and access;</text> </level> <level label="5"> <text>An analysis of how the Department can integrate infrastructure messaging with the National Park Service and local governments, including the development and maintenance of a coordinated website and digital application that provides information on:</text> <level label="i"> <text>Where parks and open spaces are located;</text> </level> <level label="ii"> <text>Available amenities; and</text> </level> <level label="iii"> <text>Real–time information on the operational status of a park, including capacity;</text> </level> </level> <level label="6"> <text>Long–term measures to:</text> <level label="i"> <text>Recruit and retain a diverse Park Service workforce, in accordance with the National Park Service’s diversity strategy under Director’s Order #16B; and</text> </level> <level label="ii"> <text>Provide ongoing updates on efforts to recruit and retain a diverse Park Service workforce;</text> </level> </level> <level label="7"> <text>Details and updates on the creation and implementation of workforce development programs, including:</text> <level label="i"> <text>Programs in collaboration with the State’s historically Black colleges and universities;</text> </level> <level label="ii"> <text>Programs modeled on the National Park Service’s diversity strategy under Director’s Order #16B; and</text> </level> <level label="iii"> <text>Programs focused on creating a pipeline of new rangers and other full–time staff from among volunteers, the State foster youth system, and historically underserved communities; and</text> </level> </level> <level label="8"> <text>The results of:</text> <level label="i"> <text>Implementing a volunteer management program under § 5–2A–02(e) of this subtitle;</text> </level> <level label="ii"> <text>Leveraging charitable funding for park enhancements under § 5–2A–02(f) of this subtitle; and</text> </level> <level label="iii"> <text>Any collaboration between the Department and the Department of Transportation and local transportation agencies to improve bicycle, sidewalk, and trail access to State parks.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2B-01" effective_note="EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024" title_number="5" title_name="Forests and Parks" subtitle_number="2B" subtitle_name="Play Area Accessibility"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Alteration” means a change to an existing play area that affects the usability of the play area.</text> </level> <level label="2"> <text>“Alteration” does not include normal maintenance to an existing play area that does not affect the usability of the play area.</text> </level> </level> <level label="c"> <text>“Communication board” means a device that displays photos, symbols, or illustrations with words and braille to supplement or replace spoken language as a means of expression and communication.</text> </level> <level label="d"> <text>“Local governing body” has the meaning stated in § 5–901 of this title.</text> </level> <level label="e"> <text>“Pilot program” means the Maryland Recreation Communication Boards Pilot Program established under § 5–2B–03 of this subtitle.</text> </level> <level label="f"> <text>“Play area” means a portion of a site containing play components designed and constructed for children.</text> </level> <level label="g"> <text>“Site” means:</text> <level label="1"> <text>A parcel of land with boundaries marked by a property line; or</text> </level> <level label="2"> <text>A designated portion of a public right–of–way.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2B-02" effective_note="EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024" title_number="5" title_name="Forests and Parks" subtitle_number="2B" subtitle_name="Play Area Accessibility"> <level label="a"> <text>This section applies only to play areas located within a public park or recreation area under the jurisdiction of the Department or a local governing body.</text> </level> <level label="b"> <level label="1"> <text>Subject to the availability of funding under the pilot program, the Department shall construct a communication board in each newly constructed play area under its jurisdiction.</text> </level> <level label="2"> <text>Each local governing body responsible for the construction of play areas that receives a grant from the pilot program shall construct at least one communication board in each newly constructed play area under its jurisdiction.</text> </level> </level> <level label="c"> <text>The Department and each local governing body responsible for the construction of play areas may construct a communication board in an existing play area under its jurisdiction when making alterations to that play area.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2B-03" effective_note="EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 568 OF 2024" title_number="5" title_name="Forests and Parks" subtitle_number="2B" subtitle_name="Play Area Accessibility"> <level label="a"> <level label="1"> <text>There is a Maryland Recreation Communication Boards Pilot Program.</text> </level> <level label="2"> <text>The purpose of the pilot program is to, subject to the availability of funding, improve play area accessibility by covering the costs of purchasing and installing communication boards at State and local parks.</text> </level> <level label="3"> <text>The Department shall administer the pilot program.</text> </level> </level> <level label="b"> <level label="1"> <text>A local governing body may apply to the Department for a grant from the pilot program.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, and in awarding a grant to a local governing body under this section, the Department shall award a grant equal to the cost of purchasing and installing each communication board.</text> </level> <level label="ii"> <text>A grant may not exceed $3,000 for each communication board that is purchased and installed.</text> </level> </level> <level label="3"> <text>The Department shall prioritize the award of grants to a local governing body that is installing a communication board in a newly constructed play area.</text> </level> </level> <level label="c"> <level label="1"> <text>On or before July 1, 2025, and July 1, 2026, the Department shall submit an interim report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that provides an evaluation of the pilot program.</text> </level> <level label="2"> <text>On or before July 1, 2027, the Department shall submit a final report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the pilot program, including a recommendation on whether the pilot program should be continued.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-301" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Approved practice” includes:</text> <level label="1"> <text>Planting;</text> </level> <level label="2"> <text>Seeding;</text> </level> <level label="3"> <text>Timber stand improvement;</text> </level> <level label="4"> <text>Prescribed burning;</text> </level> <level label="5"> <text>Site preparation; and</text> </level> <level label="6"> <text>Other forest resource development practices required of an applicant.</text> </level> </level> <level label="c"> <text>“Cost-share assistance” means partial financial assistance in amounts as the Department determines, subject to limitations of this subtitle.</text> </level> <level label="d"> <text>“Department” means the Department of Natural Resources.</text> </level> <level label="e"> <level label="1"> <text>“Eligible landowner” means an individual, group, or corporation that owns private woodland in the State.</text> </level> <level label="2"> <text>“Eligible landowner” does not include a corporation or a subsidiary of a corporation that:</text> <level label="i"> <text>Manufactures forest products; or</text> </level> <level label="ii"> <text>Provides utility services and is capable of producing crops of commercial timber.</text> </level> </level> </level> <level label="f"> <text>“Secretary” means the Secretary of Natural Resources.</text> </level> <level label="g"> <text>“Mel Noland Woodland Incentives and Fellowship Fund” means the special fund established in the State Treasury under § 5–307 of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-302" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <text>The General Assembly declares that it is in the general public interest of the State to foster and encourage the development, management, and protection of the nonindustrial private woodlands of the State as these lands provide:</text> <level label="1"> <text>Significant environmental, aesthetic, and wildlife benefits; and</text> </level> <level label="2"> <text>For the production of timber and forest resources essential to commerce and industry in the State.</text> </level> </level> <level label="b"> <text>The General Assembly finds that:</text> <level label="1"> <text>The growing demands on woodlands and related land resources cannot be met by intensive management of public lands and industrial forests alone;</text> </level> <level label="2"> <text>Nonindustrial private woodlands of the State are a significant source of the production of timber and other forest resources; and</text> </level> <level label="3"> <text>Unless measures are instituted to encourage landowners to apply practices to ensure the development, management, and protection of nonindustrial private woodlands, this natural resource will not be sustained with a consequent detriment to the citizens of the State.</text> </level> </level> <level label="c"> <text>It is the intention of the General Assembly to provide incentives to eligible landowners:</text> <level label="1"> <text>To apply practices that provide for:</text> <level label="i"> <text>Afforestation of suitable open lands;</text> </level> <level label="ii"> <text>Reforestation of cutover or other nonstocked or overstocked woodlands;</text> </level> <level label="iii"> <text>Timber stand improvement practices, including thinning, prescribed burning, and other silvicultural treatments; and</text> </level> <level label="iv"> <text>Forest resources management and protection; and</text> </level> </level> <level label="2"> <text>To provide for the nonindustrial private woodland production of timber and other related forest resources.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-303" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <text>The Department shall develop and implement a Woodland Incentives Program to assist eligible landowners in conducting a program of woodland management.</text> </level> <level label="b"> <level label="1"> <text>The Secretary shall adopt regulations to carry out the provisions of this subtitle.</text> </level> <level label="2"> <text>Regulations under subsection (a) of this section shall include consideration of:</text> <level label="i"> <text>The establishment of land size limits for which cost-share assistance may be granted;</text> </level> <level label="ii"> <text>A determination of practices that are eligible for cost-sharing assistance;</text> </level> <level label="iii"> <text>Subject to the limitations imposed by this subtitle, the establishment of maximum amounts of assistance that an eligible landowner may receive for implementation of an approved practice;</text> </level> <level label="iv"> <text>The establishment of criteria for prioritizing applications, including size of land, soil productivity, and tree species;</text> </level> <level label="v"> <text>A periodic review of actual costs of woodland development practices;</text> </level> <level label="vi"> <text>The establishment of criteria for Department assistance in implementation of an approved practice;</text> </level> <level label="vii"> <text>The imposition by the Department of reasonable charges for implementation assistance; and</text> </level> <level label="viii"> <text>A system of monitoring the implementation of approved practices.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-304" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <text>An applicant for cost–share assistance shall:</text> <level label="1"> <text>Submit a woodland management plan to the Department;</text> </level> <level label="2"> <text>File an application with the Department stating:</text> <level label="i"> <text>The practice to be implemented;</text> </level> <level label="ii"> <text>The approximate cost of the practice to be implemented; and</text> </level> <level label="iii"> <text>A description of the land or lands upon which the practice is to be implemented;</text> </level> </level> <level label="3"> <text>File a statement of intent stating that the owner:</text> <level label="i"> <text>Intends to use the cost–share assistance for long–range timber growing and improvement; and</text> </level> <level label="ii"> <text>If there is joint tenancy, tenancy in common, or group ownership, has no knowledge of another application that is pending for cost–share assistance to be used on the land described in the application; and</text> </level> </level> <level label="4"> <text>Submit other information required by the Department.</text> </level> </level> <level label="b"> <text>An owner may not receive a total of State and federal cost share assistance in an amount that exceeds 100% of the actual cost of the approved practice.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-305" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <text>An approved applicant may receive cost–share assistance in the amount determined and approved by the Department, provided:</text> <level label="1"> <text>No assistance may exceed 75 percent of the actual cost incurred by the applicant in implementing the approved practice on a particular tract of land;</text> </level> <level label="2"> <text>An eligible landowner may not receive more than $5,000 in a calendar year for all approved practices implemented by the landowner, unless the owner has submitted a 3–year plan for woodland resource development under item (3) of this section; and</text> </level> <level label="3"> <text>If the Department has approved a 3–year plan for woodland resource development, an eligible landowner may not receive more than $15,000 during the 3–year period for all approved practices implemented by the landowner.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-306" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <text>An eligible landowner who receives cost-share assistance under this subtitle to implement an approved practice shall execute a written agreement with the Department, that specifies:</text> <level label="1"> <text>The practice to be implemented;</text> </level> <level label="2"> <text>A description of the land on which the practice is to be implemented;</text> </level> <level label="3"> <text>The landowner’s commitment to use the cost-share assistance to implement the practice;</text> </level> <level label="4"> <text>The ability of the Secretary or the designee of the Secretary to inspect the land on which the practice is to be implemented in order to determine compliance; and</text> </level> <level label="5"> <text>The liability of the landowner for the full amount of cost-share assistance if the practice is not implemented because of the landowner’s failure to comply with the requirements of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-307" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <text>In this section, “Fund” means the Mel Noland Woodland Incentives and Fellowship Fund.</text> </level> <level label="b"> <text>There is a Mel Noland Woodland Incentives and Fellowship Fund in the Department.</text> </level> <level label="c"> <text>The purpose of the Fund is to finance:</text> <level label="1"> <text>The Woodland Incentives Program and the cost–share assistance established under this subtitle; and</text> </level> <level label="2"> <text>The Mel Noland Fellowship Program established under this subtitle.</text> </level> </level> <level label="d"> <text>The Department shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <level label="1"> <text>The Fund consists of:</text> <level label="i"> <text>As provided in § 13–306 of the Tax – Property Article, up to $200,000 annually of the proceeds of the tax imposed by § 13–302 of the Tax – Property Article that are attributable to the taxation of instruments of writing that transfer title to parcels of land that are entirely woodland;</text> </level> <level label="ii"> <text>Revenues collected by the Department from the payment of charges imposed for Department assistance in implementation of an approved practice;</text> </level> <level label="iii"> <text>Money distributed from the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund under § 8–2A–04 of this article;</text> </level> <level label="iv"> <text>Subject to approval by the Secretary and the Board of Public Works, a portion of the revenues derived from the forestry practices on designated lands owned and managed by the Department, that are conducted in accordance with applicable State law and regulation; and</text> </level> <level label="v"> <text>Money appropriated to the Fund under paragraph (2) of this subsection.</text> </level> </level> <level label="2"> <level label="i"> <text>For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.</text> </level> <level label="ii"> <text>For fiscal year 2025 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund.</text> </level> </level> </level> <level label="g"> <text>The Department shall use the Fund:</text> <level label="1"> <text>To help fund the Woodland Incentives Program and the cost–share assistance established under this subtitle;</text> </level> <level label="2"> <text>To fund the Mel Noland Fellowship Program established under this subtitle;</text> </level> <level label="3"> <text>For administrative costs calculated in accordance with § 1–103(b)(2) of this article;</text> </level> <level label="4"> <text>To offset the costs of the Forest and Park Service for developing and approving forest stewardship plans on privately owned forest lands;</text> </level> <level label="5"> <text>To provide annual grants to the forest conservancy district boards under § 5–605 of this title, to help facilitate their respective outreach efforts to encourage forest land owners to develop forest stewardship and other forest conservation management plans;</text> </level> <level label="6"> <text>To establish a forest health emergency contingency program to help:</text> <level label="i"> <text>Maintain the health and vitality of publicly owned and privately owned forest lands; and</text> </level> <level label="ii"> <text>Prevent or control large degradation caused by natural threats;</text> </level> </level> <level label="7"> <text>To provide financial assistance, as provided in the State budget, for the administration of an urban and community forestry program established under § 5–426 of this title, including:</text> <level label="i"> <text>Increasing the number of communities with tree canopy goals;</text> </level> <level label="ii"> <text>Facilitating compliance with the Chesapeake Bay Program’s forestry targets;</text> </level> <level label="iii"> <text>Supporting the use of urban tree canopy expansion for air quality improvement purposes; and</text> </level> <level label="iv"> <text>Helping achieve implementation of Regional Greenhouse Gas Initiative offset opportunities in urban areas;</text> </level> </level> <level label="8"> <text>To help fund a forest marketing and utilization program in the Department to provide financial assistance to help support, stimulate, and market innovative and creative ways to enhance the production of value–added wood products;</text> </level> <level label="9"> <text>To help the Department, in cooperation with appropriate public and private sector entities, develop and expand:</text> <level label="i"> <text>A forest mitigation banking system;</text> </level> <level label="ii"> <text>A carbon credit or carbon sequestration program;</text> </level> <level label="iii"> <text>A clean water credit trading system;</text> </level> <level label="iv"> <text>An environmental services credit trading program; and</text> </level> <level label="v"> <text>A renewable energy credit trading system; and</text> </level> </level> <level label="10"> <text>To help offset administrative costs for providing staff assistance to the Sustainable Forestry Council established under § 5–204 of this title.</text> </level> </level> <level label="h"> <text>The amount of revenues collected under subsection (f)(1)(i) of this section shall be included in the report required under § 16–103 of the Local Government Article.</text> </level> <level label="i"> <level label="1"> <text>The amount of the grants under subsection (g)(5) of this section shall be determined by the Department and eligibility for the grants shall be contingent on each board providing an in–kind match as certified by the Secretary.</text> </level> <level label="2"> <text>For fiscal year 2021 and each subsequent fiscal year, the Department shall direct $50,000 from the Fund to the Mel Noland Fellowship Program for the purpose of:</text> <level label="i"> <text>Paying stipends to fellows, in accordance with § 5–308 of this subtitle; and</text> </level> <level label="ii"> <text>Offsetting the cost of administering the Mel Noland Fellowship Program, including the cost of recruiting, selecting, and supervising fellows.</text> </level> </level> </level> <level label="j"> <text>On or before September 30 of each year, the Department shall report to the Senate Committee on Education, Energy, and the Environment and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="1"> <text>The use of funds credited to the Fund, including an identification of and the reasons for those revenues derived from forestry practices on designated lands owned and managed by the Department that were not credited to the Fund;</text> </level> <level label="2"> <text>The amount of proceeds from the tax imposed by § 13–302 of the Tax – Property Article that are attributable to the taxation of instruments of writing that transfer title to parcels of land that are entirely woodland that were distributed to the Fund under § 13–306 of the Tax – Property Article during the immediately preceding fiscal year; and</text> </level> <level label="3"> <text>If the Department is uncertain about the total amount of proceeds for the tax imposed under § 13–302 of the Tax – Property Article that are required to be distributed to the Fund, the uncertainties and the actions required to resolve the uncertainties.</text> </level> </level> <level label="k"> <level label="1"> <text>The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="l"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-308" title_number="5" title_name="Forests and Parks" subtitle_number="3" subtitle_name="Woodland Incentives and Mel Noland Fellowship Programs"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Fellow” means an individual selected to participate in the Fellowship Program.</text> </level> <level label="3"> <text>“Fellowship Program” means the Mel Noland Fellowship Program.</text> </level> <level label="4"> <text>“Managing organization” means an organization selected by the Department to coordinate the administration of the Fellowship Program with the Department.</text> </level> </level> <level label="b"> <text>There is a Mel Noland Fellowship Program in the Department.</text> </level> <level label="c"> <text>The purpose of the Fellowship Program is to support students seeking a career in fields relating to natural resources as they matriculate and graduate from an institution of higher education.</text> </level> <level label="d"> <text>The Department shall develop criteria for the selection of:</text> <level label="1"> <text>Fellows; and</text> </level> <level label="2"> <text>Managing organizations.</text> </level> </level> <level label="e"> <text>The Department shall select a managing organization with which the Department shall coordinate to administer the Fellowship Program under this section.</text> </level> <level label="f"> <level label="1"> <text>Subject to the provisions of this subsection, each year, the Department and the managing organization shall select two fellows and support them in their matriculation in a natural resources field at an institution of higher education.</text> </level> <level label="2"> <text>One fellow shall be seeking a degree to work in the field of natural resources management.</text> </level> <level label="3"> <text>One fellow shall be seeking a degree to work in the field of urban and community forestry.</text> </level> </level> <level label="g"> <text>The Department or the managing organization may require a fellow to complete tasks related to the Fellowship Program in addition to the fellow’s course of study.</text> </level> <level label="h"> <level label="1"> <text>A fellow shall receive an annual stipend of $20,000 paid from the Mel Noland Woodland Incentives and Fellowship Fund.</text> </level> <level label="2"> <text>Any funds remaining after the stipends under paragraph (1) of this subsection are distributed from the Governor’s appropriation required under § 5–307 of this subtitle shall be used for the administration of the Fellowship Program, including the recruitment, selection, and supervision of the fellows by the Department and the managing organization.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-401" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>In this subtitle, “roadside tree” means any tree or shrub growing within the right–of–way of any public road.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-402" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The Department may plant trees along the roadsides, make rules and regulations governing the planting, care for and protect any roadside tree, and establish one or more State forest nurseries for the propagation of trees for any roadside planting.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-403" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>If the governing body or the road supervisors of any county of the State, the Department of Transportation, the council of any municipality, or any organization or person applies to the Department to plant, care for, or protect any roadside tree, the Department shall evaluate the application and inform the applicant concerning the advisability of the requested planting, care, or protection. If, in the judgment of the Department, the requested planting, care, or protection is advisable, the Department shall prepare and submit to the applicant a plan for the same, including an estimate of the cost.</text> </level> <level label="b"> <text>Any plan to plant, care for, or protect roadside trees may not become operative until the applicant approves the plan and has guaranteed to the Department the cost of the work. When the applicant approves a plan the Department has prepared, and the applicant has guaranteed payment of the cost in a manner satisfactory to the Department, the Department shall perform, or cause to be performed, the specified planting, care, or protection of roadside trees.</text> </level> <level label="c"> <text>The Department, without being requested as provided in subsection (a) of this section or guaranteed as provided in subsection (b) of this section, may plant, care for, and protect roadside trees and pay for the work out of any unexpended balance of the amount appropriated for the purposes of this subtitle. However, no tree may be planted under the provisions of this section without the consent and approval of the owner of the land on which planted.</text> </level> <level label="d"> <text>Except as provided in subsection (e) of this section, a county or municipality may adopt a local law or ordinance for the planting, care, and protection of roadside trees that is more stringent than the requirements of §§ 5–402 and 5–406 of this subtitle if the local law or ordinance does not conflict with the provisions of §§ 5–402 and 5–406 of this subtitle.</text> </level> <level label="e"> <text>A county or municipality may not adopt a local law or ordinance for the planting, care, and protection of roadside trees that applies to:</text> <level label="1"> <text>The cutting or clearing of public utility rights–of–way or land for electric generating stations licensed under § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that:</text> <level label="i"> <text>Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this title; and</text> </level> <level label="ii"> <text>The cutting or clearing of the forest is conducted so as to minimize the loss of forest;</text> </level> </level> <level label="2"> <text>The routine maintenance of public utility rights–of–way; or</text> </level> <level label="3"> <text>The cutting or clearing of public utility rights–of–way or land for new transmission or distribution lines.</text> </level> </level> <level label="f"> <text>A county or municipality that adopts a local law or ordinance in accordance with subsection (d) of this section may issue a stop work order against any person that violates any provision of the local law or ordinance.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-404" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>Forest wardens and other persons having police powers in the State, in addition to their regular duties, shall enforce the law for the care and protection of roadside trees. In the enforcement of these laws, they possess the same powers as a peace officer to arrest with a warrant.</text> </level> <level label="b"> <text>The Department may authorize a county or municipality to enforce §§ 5–402 and 5–406 of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-405" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>For his services in making examinations, as provided in § 5-403(a) of this subtitle, the Department shall pay the forest warden upon presentation and approval of his accounts with vouchers, for services in planting roadside trees, trimming, spraying, or otherwise caring for existing roadside trees, as provided in § 5-403(b) of this subtitle. The applicant who guarantees the cost of work shall reimburse the Department for the services of the forest warden and his helpers upon presentation of the forest warden’s accounts with vouchers, and upon the approval of the Department. The applicant shall pay for the forest warden’s services in examining conditions serving as a basis for permits applied for under § 5-406 of this subtitle, for issuing permits, and for supervising work authorized by the permits. The Department shall determine the rate to be paid under this section.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-406" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>Except as provided in subsection (b) of this section, any person who desires to cut down or trim any roadside tree shall apply to the Department for a permit.</text> </level> <level label="b"> <level label="1"> <text>A person may remove a tree or its branches without first obtaining a permit from the Department if the tree is unrooted or its branches broken so as to contact telephone, telegraph, electric power, or other wires carrying electric current, or if the tree or its branches endanger persons or property.</text> </level> <level label="2"> <text>A tree may be cut down and removed by an abutting landowner for the landowner’s own use without first obtaining a permit if the tree is standing within the right–of–way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface.</text> </level> </level> <level label="c"> <text>A person may not cut down, trim, mutilate, or in any manner injure any roadside tree, except as authorized by this section, without a permit from the Department.</text> </level> <level label="d"> <text>A county or municipality may not issue a building permit to an applicant for any clearing, construction, or development that will result in the trimming, cutting, removal, or injury of a roadside tree until the applicant first obtains a permit from the Department in accordance with this section.</text> </level> <level label="e"> <text>A person who trims, cuts, removes, or injures a roadside tree in violation of a regulation adopted under § 5–402 of this subtitle or a permit issued under this section or who fails to obtain a permit as required by this section is liable for the imposition of a penalty:</text> <level label="1"> <text>Not exceeding $2,000 for a first offense; and</text> </level> <level label="2"> <text>Not exceeding $5,000 for a second or subsequent offense.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-407" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>The State Highway Administration may grant to any person the right to place any advertisement, sign, notice, or other writing along or upon the public highways of the State to be used only in conjunction with direction or danger signals, and subject to the limitations and restrictions imposed at the time the permit is granted. A permit may not be issued unless the need for the direction or danger signal to be erected is clearly demonstrated to the satisfaction of the State Highway Administration. Any person doing an act otherwise prohibited in this section, by virtue of a permit issued by the State Highway Administration, is immune from prosecution.</text> </level> <level label="b"> <text>In Kent and Queen Anne’s counties, the respective county boards of education may exhibit or display any advertisement, sign, notice, writing, or other device for the purpose of promulgating the safety of students, on or abutting any road or highway which passes near any school. However, these signs may not be displayed farther than 300 yards from any school and any designation of the donor may not comprise a space of more than 2 square feet on the sign.</text> </level> <level label="c"> <text>A person, without first obtaining the written consent of the owner, may not paint, put, or fix any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, on or to any stone, tree, fence, stump, pole, building, or other structure which is in or upon either the public highway or property of another, or procure, direct, or induce the painting, fixing, or placing of the advertisement or sign.</text> </level> <level label="d"> <text>For the purpose of enforcing this section, the presence of any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, upon the public highway or private property adjacent to it constitutes prima facie evidence that it was painted, placed, fixed, or erected at the direction of, or with the consent and approval of, the party or his agent or representative in the State whose name, business, location, or merchandise is advertised thereon.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-408" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>Any trees grown in State nurseries, not required for roadside planting, may be used for planting on the State forest reserve or furnished to any landowner of the State at not more than the cost of production. The trees shall be planted for conservation purposes according to plans approved by the Secretary under rules and regulations promulgated by the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-409" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>Any person, his aiders, abettors, and counsellors, who willfully, negligently, recklessly, wrongfully, or maliciously enters upon lands or premises of another without written permission of the owner of the lands or premises, in order to cut, burn, or otherwise injure or destroy, or cause to be cut, burned, or otherwise injured, or destroyed, any merchantable trees or timber on the land is liable to the party injured or aggrieved in an amount triple the value of the trees or timber cut, burned, or otherwise injured or destroyed, plus the costs of any surveys, appraisals, attorney fees, or court fees in connection with the case. The damages are recoverable in a civil action, as in any other case.</text> </level> <level label="b"> <text>At the request of a law enforcement officer, a person on the lands and premises of another engaged in any act specified in subsection (a) of this section shall display the written permission of the owner.</text> </level> <level label="c"> <text>Notwithstanding the provisions of this section, the following shall obtain the permission of an owner before engaging in any act specified in subsection (a) of this section, but are not required to obtain the permission in writing or to display the written permission as provided in subsection (b) of this section:</text> <level label="1"> <text>A public service company, as defined in § 1–101 of the Public Utilities Article; and</text> </level> <level label="2"> <text>An employee of the Department of Public Works or roads board of any county or municipality, or the State Highway Administration, performing roadside maintenance.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-410" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The Department may acquire land out of money standing to the credit of the Forest Reserve Fund for the establishment of any State forest nursery to grow forest trees for planting on State reserves and distribution to private landowners to encourage tree planting under the rules and regulations it promulgates.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-411" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>A county may levy and appropriate money for purposes of tree planting, care of trees, and forest protection, improvement, management, and purchase.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-412" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>Any person who drives or operates a truck, trailer, or other vehicle upon any public highway, road, or street in the State for the purpose of transporting five or more trees, or 100 pounds or more of boughs, of any species of pine, spruce, fir, hemlock, or other narrow-leafed or broad-leafed evergreen tree or shrub, shall have upon his person during the transporting, a bill of sale for the trees, shrubs, or boughs signed by the owner or custodian of the lands from which they were cut or removed.</text> </level> <level label="b"> <text>The bill of sale shall state the date of sale; number and species of trees or pounds and species of boughs being transported; number of the election district, name of the county and state from which the trees, shrubs, or boughs were cut and removed; and the postal address of the landowner or custodian or whether they have been obtained from a dealer in these goods. The bill of sale or invoice shall show clearly the name and place of business from which the trees or boughs were obtained.</text> </level> <level label="c"> <text>This section does not apply to the transportation of trees, shrubs, or boughs by the owner or custodian of lands from which the trees, shrubs, or boughs were cut or removed or by the agent of the owner or custodian, or to transportation in a truck or trailer licensed to operate or engage in interstate commerce.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-413" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>If any owner or custodian of land from which any trees, shrubs, or boughs described in § 5-412 of this subtitle are transported within the State are cut or removed, identification of the owner, custodian, or agent shall accompany the shipment.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-414" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>Any uniformed forest officer, or any law enforcement officer may stop any truck, trailer, or other vehicle engaged in the transporting of the evergreen trees, shrubs, or boughs described in §§ 5-412 and 5-413 of this subtitle, other than a truck or trailer licensed for and engaged in interstate commerce, in order to require the driver or operator to produce the bill of sale or identification of ownership required by those sections. The driver’s failure to have and produce upon demand the bill of sale or identification is a violation of this subtitle. However, an accused may not be convicted if he produces, within ten days from the date he is formally charged, the required bill of sale or identification.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-415" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>In this part the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Licensed tree expert” means a person who has received from the Department a license displaying the person’s qualifications to practice as a tree expert.</text> </level> <level label="c"> <level label="1"> <text>“Tree expert” means a person who represents to the public that the person is skilled in the science of tree care or removal and who, whether in the business of the person or as the employee of another person and whether under the title of arborist, tree specialist, tree surgeon, tree expert, or otherwise, engages in the business or work of the treatment, care, or removal of trees for compensation by:</text> <level label="i"> <text>Making diagnoses, prescribing, and supervising the treatment for trees; or</text> </level> <level label="ii"> <text>Trimming, pruning, thinning, cabling, shaping, removing, or reducing the crown of trees.</text> </level> </level> <level label="2"> <text>“Tree expert” does not include:</text> <level label="i"> <text>A person engaged in commercial logging or timber harvesting operations as defined in § 5-1601 of this title;</text> </level> <level label="ii"> <text>A person engaged in the installation of underground facilities or any associated site construction; or</text> </level> <level label="iii"> <text>A person who treats, cares for, or removes a tree, as described in paragraph (1) of this subsection, that is 20 feet tall or less.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-416" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>In order to foster and promote consumer protections, ensure the responsible and ethical management of natural resources, and promote industry safety, the Department shall facilitate the licensing of tree experts in accordance with this part.</text> </level> <level label="b"> <text>The Department may adopt regulations to implement this part.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-417" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <level label="1"> <text>Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not engage in the work or business of a tree expert without a license issued under the provisions of this part.</text> </level> <level label="2"> <text>An employee under the supervision of a licensed tree expert may not be required to have a license in the name of the employee.</text> </level> </level> <level label="b"> <text>A licensed tree expert shall within a time period established by the Department notify the Department electronically of:</text> <level label="1"> <text>Any company that engages in the business or work of the treatment, care, or removal of trees for compensation under the tree expert’s license, and any changes to that status; and</text> </level> <level label="2"> <text>The liability and property damage insurance and workers’ compensation insurance carried by any company that engages or works under the tree expert’s license, and any changes to the insurance.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-418" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>The Department may examine an applicant for license as a tree expert and pass upon the competence of the applicant. It shall issue a “tree expert” license to any applicant, who:</text> <level label="1"> <text>Pays the fee provided in § 5–419 of this subtitle;</text> </level> <level label="2"> <text>Has attained 18 years of age;</text> </level> <level label="3"> <level label="i"> <text>Has had 2 years of approved college education in forestry, arboriculture, horticulture, applied agricultural sciences, or the equivalent education and a minimum of 1 year of experience with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; or</text> </level> <level label="ii"> <text>For at least 3 years immediately preceding the date of application has been engaged continuously in practice as a tree expert with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; and</text> </level> </level> <level label="4"> <text>Has passed the examination given by the Department.</text> </level> </level> <level label="b"> <text>Every licensee shall carry and show proof of liability and property damage insurance, in the form and amount required by the Department at the time it issues the license. The licensee shall maintain the insurance protection for the period the license is in effect.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-419" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>Subject to subsection (c) of this section, an applicant shall pay to the Department at the time of making application, a fee set by the Department by regulation.</text> </level> <level label="b"> <level label="1"> <text>A tree expert license shall be renewed in accordance with a timetable and procedure established by the Department by regulation.</text> </level> <level label="2"> <text>Subject to subsection (c) of this section, a person who holds a license and wishes to renew it shall pay a fee set by the Department by regulation.</text> </level> <level label="3"> <text>After September 1, 2017, to qualify for the renewal of a tree expert license, a licensed tree expert shall complete the professional development curriculum established by the Department by regulation.</text> </level> </level> <level label="c"> <text>Fees established in accordance with this section may not exceed:</text> <level label="1"> <text>For the examination fee $45;</text> </level> <level label="2"> <text>For the initial license fee $55; and</text> </level> <level label="3"> <text>For the renewal fee $100.</text> </level> </level> <level label="d"> <level label="1"> <text>Fees the Department receives shall be paid into the State Treasury for the Department’s use.</text> </level> <level label="2"> <level label="i"> <text>The Secretary shall prepare an annual report on the number of licenses issued and the receipts and expenses under Part III of this subtitle during each fiscal year.</text> </level> <level label="ii"> <text>On or before November 1 each year, the Secretary shall submit the annual report required under this paragraph to the General Assembly in accordance with § 2–1257 of the State Government Article.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-420" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The Department shall prepare and conduct examinations as often as necessary, but at least once a year if there are any applicants. A candidate who failed a subject that is part of the examination given may be reexamined in that subject only at any subsequent examination held within 1 year of the date the candidate took the initial examination, and if the candidate passes that subject the candidate is considered to have passed the examination. The Department, however, may decide to reexamine an unsuccessful candidate in every subject.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-421" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <level label="1"> <text>The Department may permanently revoke or temporarily suspend the license of any licensed tree expert who:</text> <level label="i"> <text>Is found guilty of any fraud or deceit in obtaining the license, or guilty of negligence or wrongful conduct in the practice of tree culture or care;</text> </level> <level label="ii"> <text>In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of this article, fails to comply with:</text> <level label="1"> <text>The terms of a State or local permit, license, or approval; or</text> </level> <level label="2"> <text>Any State or local law, an approved plan, or other legal requirement; or</text> </level> </level> <level label="iii"> <text>Fails to maintain liability, property, or workers’ compensation insurance as required by law.</text> </level> </level> <level label="2"> <text>The Critical Area Commission shall notify the Department of any tree expert who fails to comply with any requirement under paragraph (1)(ii) of this subsection.</text> </level> </level> <level label="b"> <text>The Department may promulgate rules of ethics and temporarily suspend for a period not to exceed two years the license of any licensed tree expert who violates the rules of ethics. This power of suspension is in addition to, and not in limitation of, the power to revoke or suspend provided in subsection (a) of this section.</text> </level> <level label="c"> <text>A license issued under this subtitle may not be revoked or suspended until after the licensee has a hearing before the Department. Notice of the cause for suspension or revocation and the hearing date shall be sent to the licensee at the last known address of the licensee by registered or certified mail at least 20 days before the hearing. The nonappearance of the licensee after the required notice has been given, does not prevent holding the hearing.</text> </level> <level label="d"> <text>The Department may reissue any tree expert’s license previously revoked under rules and regulations it prescribes.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-422" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The Department may issue and grant a license to or otherwise authorize the practice as a tree expert in Maryland by any person who is a lawful holder of a tree expert license under the laws of another state which extends similar privileges to licensed tree experts of this State. The requirements for the license in the state which has granted it must be, in the opinion of the Department, at least equivalent to those provided for in Maryland.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-423" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>A person may not: (1) solicit, advertise, or represent the person to the public as a tree expert, or assume to practice as a tree expert without having received a license; or (2) after having received the license and subsequently losing it by revocation or suspension continue to practice as a tree expert; or (3) use the title or abbreviation “L.T.E.” or any other words, letters, or abbreviations tending to indicate that the person is a licensed tree expert or a tree expert without having received a license, or when the license has been revoked or suspended.</text> </level> <level label="b"> <text>If the owner of a tree employs any person to engage in the practice of a “licensed tree expert” as provided in § 5–415 of this subtitle, the owner is not subject to this penalty.</text> </level> <level label="c"> <text>A person may not advertise that the person can provide tree services, including treatment, care, or removal of trees, unless the advertisement includes:</text> <level label="1"> <text>The license number of the licensed tree expert advertising tree services in one of the following forms: “Licensed Tree Expert No.___” or “L.T.E. No.___”; or</text> </level> <level label="2"> <text>A statement that all tree services are limited to trees 20 feet tall or less.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-424" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>“Urban and community forestry” means the management of forests and trees in urban and community areas to improve their health, vigor, and composition.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-425" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The General Assembly finds and declares that forests and trees are an important and necessary part of the urban and community environment and that the retention, enhancement, and management of these forests and trees by local governments is in the best interest of the citizens of this State.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-426" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <level label="1"> <text>The Department shall establish and administer an urban and community forestry program to provide State or federal financial assistance, on a matching basis, to:</text> <level label="i"> <text>A county or municipal corporation that implements a local urban and community forestry program within its jurisdiction; or</text> </level> <level label="ii"> <text>A nonprofit corporation that participates in the implementation of a local urban and community forestry program.</text> </level> </level> <level label="2"> <text>The county or municipal corporation may hire an individual to direct its program with the cooperation of the Department.</text> </level> </level> <level label="b"> <text>The Department’s urban and community forestry program shall provide technical assistance to counties, municipal corporations, nonprofit corporations, and individuals for the retention and management of forests and trees. This technical assistance may include:</text> <level label="1"> <text>Street tree inventories;</text> </level> <level label="2"> <text>Technical evaluation of site development plans;</text> </level> <level label="3"> <text>Management recommendations for the retention, protection, and utilization of forests and trees in developments;</text> </level> <level label="4"> <text>Assistance to planning and zoning departments;</text> </level> <level label="5"> <text>Advice on insect and disease control;</text> </level> <level label="6"> <text>Advice to counties and municipal corporations in implementing and conducting their own urban and community forestry program; and</text> </level> <level label="7"> <text>Advice to nonprofit corporations participating in the implementation of an urban and community forestry program.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-427" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>The governing body of a county or municipal corporation, by appropriate resolution or ordinance, may implement a local urban and community forestry program within its jurisdiction or enter into a cooperative agreement with the Department.</text> </level> <level label="b"> <text>The Department may accept federal funds and provide funds, on a matching basis, to:</text> <level label="1"> <text>Cooperating counties and municipal corporations for the purpose of administering an urban and community forestry program; and</text> </level> <level label="2"> <text>Nonprofit corporations that participate in the implementation and administration of an urban and community forestry program.</text> </level> </level> <level label="c"> <text>Any urban and community forestry program within the Department shall be:</text> <level label="1"> <text>Funded as provided in the budget; and</text> </level> <level label="2"> <text>Consistent with § 5–307 of this title.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-428" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The General Assembly finds and declares that:</text> <level label="1"> <text>Forests and trees play an important role in the restoration and enhancement of the Chesapeake Bay and its tributaries; and</text> </level> <level label="2"> <text>The establishment and supplementation of forests and trees along the Chesapeake Bay and its tributaries is in the best interests of the residents of the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-429" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>The Department shall establish a Green Shores Program to promote and cause the planting and maintenance of forested buffers around the Chesapeake Bay and its tributaries.</text> </level> <level label="b"> <text>The Green Shores Program may include:</text> <level label="1"> <text>Providing grants in the form of trees, money, materials, or expertise to local governments, nonprofit corporations, and State agencies to be used for planting or enhancing forested buffers around the Chesapeake Bay and its tributaries;</text> </level> <level label="2"> <text>Educating the public about the benefits of trees and forested buffers, including:</text> <level label="i"> <text>Establishing demonstration forest buffers on public lands;</text> </level> <level label="ii"> <text>Providing educational and promotional materials to schools;</text> </level> <level label="iii"> <text>Providing grants to schools for their own educational programs;</text> </level> <level label="iv"> <text>Developing and disseminating educational and promotional materials to the public; and</text> </level> <level label="v"> <text>Coordinating volunteer efforts; and</text> </level> </level> <level label="3"> <text>Promoting forested buffers on private land by providing:</text> <level label="i"> <text>Technical assistance, such as preparing site plans and coordinating planting arrangements; and</text> </level> <level label="ii"> <text>Economic incentives, including cost-sharing programs.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-430" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>In order to implement the Green Shores Program, the Department may:</text> <level label="1"> <text>Enter into contractual agreements with other State agencies, local governments, nonprofit corporations, and private citizens who receive payments or grants;</text> </level> <level label="2"> <text>Set priorities by watersheds for the dissemination of grants and payments; and</text> </level> <level label="3"> <text>Adopt regulations.</text> </level> </level> <level label="b"> <text>Any contractual agreement that the Department enters into under the Green Shores Program shall specify the terms of the grant or payment.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-433" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>In this part, “Program” means the Pamela J. Kelly Tree–Mendous Maryland Program.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-434" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <text>The General Assembly declares that it is in the public interest to have a program that encourages the involvement of residents of the State in active stewardship of the State’s natural resources by planting native trees.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-435" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>There is a Pamela J. Kelly Tree–Mendous Maryland Program in the Department.</text> </level> <level label="b"> <text>The Program is established for the purpose of promoting community participation in tree planting and stewardship and the planting and maintaining of native trees and shrubs through community forestry activities on public lands, community open spaces, school grounds, and rights–of–way.</text> </level> <level label="c"> <text>The Department shall administer the Program.</text> </level> <level label="d"> <text>The Department may adopt regulations to carry out this part.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-436" title_number="5" title_name="Forests and Parks" subtitle_number="4" subtitle_name="Trees and Forest Nurseries"> <level label="a"> <text>The Program shall be funded by donations and grants received by the Department to be used for the Program.</text> </level> <level label="b"> <text>The Department may seek, accept, and expend donations and grants for the implementation and administration of the Program.</text> </level> <level label="c"> <text>All money received for the Program under this section shall be used only for funding the implementation and administration of the Program.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-501" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <level label="a"> <text>In this subtitle the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“Cutting operation” means the cutting of timber for commercial purposes from five acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina), singly or together occur and constitute 25 percent or more of the live trees on each acre.</text> </level> <level label="c"> <text>“Diameter” means the distance through the tree at the point of average thickness as measured from outside the bark to outside of bark at a point on the trunk eight inches above the general ground level.</text> </level> <level label="d"> <text>“Landowner” means the person holding title to the land or possessing the right to contract for the cutting operation thereon.</text> </level> <level label="e"> <text>“Operator” means any person, including a “landowner”, who conducts any cutting operation.</text> </level> <level label="f"> <text>“Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation or any other entity.</text> </level> <level label="g"> <text>“Pine” means any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina).</text> </level> <level label="h"> <text>“Seedling” means a young loblolly, shortleaf, or pond pine plant less than six inches in diameter.</text> </level> <level label="i"> <text>“Tree” or “timber” means any tree of a currently commercially valuable species which is six inches or more in diameter.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-502" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <level label="a"> <text>The General Assembly declares that the maintenance and reproduction of the pine forest resource of the State is in the public interest and provides significant recreational, esthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State.</text> </level> <level label="b"> <text>The General Assembly finds that the pine forest resources of the State are being harvested at a greater rate than they are being replanted or reproduced. It further finds that unless measures are instituted to ensure that the pine forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. Consequently, it is the intent of this subtitle to require that when commercial cutting operations are conducted in the State measures are taken to ensure that pine forests are reproduced or replanted.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-503" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <text>The Department may adopt rules and regulations to administer the provisions of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-504" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <level label="a"> <level label="1"> <text>Except as otherwise provided by this section, upon completion of any cutting operation the operator or landowner shall leave uncut and uninjured at least eight cone-bearing loblolly, shortleaf, or pond pine trees 14 inches or larger in diameter on each acre cut for the purpose of reseeding. If eight cone-bearing loblolly, shortleaf, or pond pines 14 inches in diameter are not present on any acre, the operator or landowner shall leave uncut and uninjured in place of each cone-bearing loblolly, shortleaf, or pond pine tree of the required diameter, at least two cone-bearing pine trees of the next largest diameter there standing. Trees left uncut pursuant to this section for the purpose of reseeding shall be healthy, windfirm, well-distributed throughout each acre, and with well-developed crowns possessing a sufficient number of cones to reforest the areas affected by the cutting operation.</text> </level> <level label="2"> <text>Cone-bearing pine trees need not be reserved if there are at least 400 loblolly, pond, or shortleaf pine seedlings on each acre which are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.</text> </level> </level> <level label="b"> <text>Instead of leaving pine trees or seedlings pursuant to subsection (a) of this section, the area where any cutting operation has been conducted may be reforested pursuant to a plan approved by the Department.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-505" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <level label="a"> <text>A cutting operation may not commence unless seed trees have been reserved or a reforestation plan has been approved by the Department. The reforestation plan shall be prepared by the landowner or his agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine trees.</text> </level> <level label="b"> <text>An operator or landowner proposing to reforest any area of a cutting operation pursuant to an approved plan shall notify the Department at least 24 hours prior to initiation of the cutting operations.</text> </level> <level label="c"> <text>Except as permitted by § 5-507 of this subtitle, the landowner shall not cut or permit to be cut any pine tree required to be reserved for reseeding for three years after completion of the cutting operation and will so bind his successor in title. The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department that he will not perform any act or permit any act to be performed which prevents reforestation and will so bind his successor in title. The provisions of this subsection do not apply if the landowner places the land in any of the uses permitted in § 5-507 of this subtitle.</text> </level> <level label="d"> <text>The Department shall approve, approve with modifications, or reject any plan submitted to it within 30 days. The determination of the Department shall be in writing setting forth the reasons for approval, approval with modifications, or rejection and shall be forwarded to the operator or landowner.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-506" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <text>A person may not cut or permit to be cut any pine tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area upon which a cutting operation has been conducted.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-507" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <text>This subtitle does not apply to the cutting of timber for reservoirs, military installations, agriculture, communication and transmission lines, industrial sites, railroads, residential or recreational purposes, or residential or commercial construction. This subtitle does not apply to commercial cutting operations undertaken pursuant to a contract executed prior to January 1, 1978.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-508" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <text>On application of the Department, acting through the Attorney General, the circuit court for the county where a cutting operation is located, by appropriate order, may enforce compliance with or enjoin the violation of any provision of this subtitle or rule or regulation adopted pursuant to it. Enforcement may include the assessment by the court in its discretion of money damages payable by the violator to the Department which is equal to the estimated cost of compliance with this subtitle. The Department may enforce payment of any award in the same manner as other money judgments of the court. Any money the Department collects shall be used for compliance with this subtitle on the land where the violation occurred.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-509" title_number="5" title_name="Forests and Parks" subtitle_number="5" subtitle_name="Pine Tree Reforestation"> <text>The provisions of Subtitle 13 do not apply to this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-601" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“District board” means any district forestry board created under this subtitle.</text> </level> <level label="c"> <text>“Landowners” means any person owning woodlands, located in the State.</text> </level> <level label="d"> <text>“Natural resources” means forests, fish and game, water and waterpower, soils, minerals, and all other similar sources of wealth.</text> </level> <level label="e"> <text>“Woodlands or forest lands” means any land of an area of 3 acres or more held by the same owner and primarily devoted to the growth of forest products.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-602" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>Forests, timberlands, woodlands, and soil resources of the State are basic assets, and the proper use, development, and preservation of these resources are necessary to protect and promote the health, safety, and general welfare of the people of the State. It is the policy of the State to encourage economic management and scientific development of its forests and woodlands to maintain, conserve, and improve the soil resources of the State so that an adequate source of forest products is preserved for the people. Floods and soil erosion must be prevented and the natural beauty of the State preserved. Wildlife must be protected, while the development of recreational interest is encouraged and the fertility and productivity of the soil is maintained. The impairment of reservoirs and dams must be prevented, the tax rate preserved, and the welfare of the people of the State sustained and promoted. Where these interests can be served through cooperative efforts of private forest landowners, with the assistance of the State, it is the policy of the State to encourage, assist, and guide private ownership in the management and fullest economic development of privately owned forest lands. Where these public interests cannot be served and adequately protected under private ownership, it is the policy of the State to acquire control of, and title to these lands as rapidly as the financial resources of the State permit.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-603" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>The Department shall administer forest conservation practices on privately owned forest land and manage publicly owned forest lands. Representatives of the United States Forest Service and the Cooperative Extension Service may meet with the Department in an advisory capacity. The Department shall keep a record of its proceedings. The Department and the district boards shall cooperate with existing public agencies in forest management practices, flood control, recreation, wildlife management, and related activities. The Department shall direct and coordinate the activities of the district boards and hear appeals from orders or decisions of the local boards.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-604" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>The Department may promulgate rules and regulations to administer this subtitle. The Secretary shall enforce every provision of this subtitle, and offer assistance to any district board. He shall disseminate information concerning minimum rules of forest practice adopted in the forestry districts in the State, maintain inspection of forest management practices necessary to make this subtitle effective, and enforce any rule or regulation the Department adopts.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-605" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>The Department shall divide the State into convenient districts, having due regard for the character and extent of the timber stand, similarity of forest problems, convenience of administration, and other pertinent factors. It shall establish, by appointment, in each district created, a district forestry board of at least five members. The appointments to the district forestry board shall include, if possible, a person representing each of the major types of forestry and woodworking interests, and at least one person representing farm woodland owners preferably connected with a county farm bureau or grange in the district. If there are any county agricultural agents and county foresters representing areas lying within the district, they shall have the privilege of participating, without a vote, in the board meeting.</text> <text>The term of membership on the board is three years. A member serves until his successor is appointed and qualified. Within 30 days of their appointment, and regularly thereafter, the members of the district forestry board shall meet and elect a chairman and vice-chairman to serve for a term of two years. The Department may discontinue district boards for cause at any time. The Department shall employ and assign to each board a forester who, in addition to his other duties, serves as secretary and executive officer of the board. Each member of the board shall receive expenses while engaged in the performance of his official duties. The Department shall determine the compensation of the forester. Any compensation payable to and any expense incurred by a district board shall be paid out of funds made available under the provisions of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-606" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <level label="a"> <text>The district forestry board shall:</text> <level label="1"> <text>Promote private forestry by assisting landowners in forest management, planting trees, conservation and development of tree crops, and protection of forests from fires, insects, and diseases;</text> </level> <level label="2"> <text>Make available to landowners the services of a forester and advise them with regard to their forest and tree crop problems;</text> </level> <level label="3"> <text>Assist the county assessors in their appraisal of forest lands for tax purposes;</text> </level> <level label="4"> <text>Disseminate forest conservation information and collect data concerning forest conservation problems of the State;</text> </level> <level label="5"> <text>Secure the cooperation and assistance of the United States and any of its agencies and State agencies in conservation of forest resources of the State;</text> </level> <level label="6"> <text>Assist private owners of forest land by advice as to the construction of flood control measures, seeding and planting of waste slopes, abandoned or eroded lands, and development of wildlife by planting food or cover producing trees, bushes, and shrubs;</text> </level> <level label="7"> <text>Receive and pass on proposed work plans for cutting forest lands;</text> </level> <level label="8"> <text>Maintain an office, keep a record of its transactions, and promptly file copies of its decisions and orders with the Department;</text> </level> <level label="9"> <text>Employ personnel, in addition to the district forester, as the Department approves; and</text> </level> <level label="10"> <text>Perform all acts necessary to attain the objectives of this subtitle.</text> </level> </level> <level label="b"> <text>Any board or its agent may:</text> <level label="1"> <text>Hold meetings and demonstrations in regard to conservation of natural resources;</text> </level> <level label="2"> <text>Enter into agreements with landowners within its county or district for a specified period of years;</text> </level> <level label="3"> <text>Cooperate with other government agencies to achieve better forest growth and promulgate conservation measures, including meeting at least annually with agricultural advisory boards as provided under § 2–504.1 of the Agriculture Article in order to encourage the promotion and retention of agricultural land and forest land in their respective jurisdictions;</text> </level> <level label="4"> <text>Develop comprehensive forest management plans for conservation of soil resources and for control and prevention of soil erosion within the county or district;</text> </level> <level label="5"> <text>Enforce rules and regulations made by the Department. Each local board may suggest tentative rules and regulations of forest practice to accomplish objectives set forth in this subtitle and to carry out policies established by the Department. The board shall publish the tentative rules and regulations in one or more newspapers having a wide circulation in the area they cover, together with a notice of a public hearing which the board shall hold on them. The final draft of these rules and regulations shall be presented to the Department for approval. The board may summon witnesses for hearings on infraction of its rules and regulations and initiate a prosecution for violation of its rules. It shall forward copies of any proceedings and rulings to the Department and make an annual report of its proceedings and actions to the Department; and</text> </level> <level label="6"> <text>Promulgate safeguards for proper forest land use, such as those intended to:</text> <level label="i"> <text>Provide for adequate restocking, after cutting, of trees of desirable species and condition;</text> </level> <level label="ii"> <text>Provide for reserving for growth and subsequent cutting, a sufficient growing stock of thrifty trees of desirable species to keep the land reasonably productive; and</text> </level> <level label="iii"> <text>Prevent clear–cutting, or limit the size of a tract to be clear–cut in areas where clear–cutting will seriously interfere with protection of a watershed, or in order to maintain a suitable growing stock to insure natural reproduction. However, any rule dealing with clear–cutting shall establish a procedure by which any operator of forest land may secure a permit to clear–cut particular lands upon proof that he has a bona fide intention of devoting the land to other than forest use; that the lands are appropriate for the proposed use; and that devoting the lands to the new use will not seriously interfere with the protection of the watershed.</text> </level> </level> </level> <level label="c"> <text>Subject to the approval of the Secretary, each board may impose fees for the purpose of offsetting its costs incurred in carrying out the requirements of this section, unless an equivalent amount of funds is provided to each board under § 5–307 of this title.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-607" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>The forester shall:</text> <level label="1"> <text>Make plans for management and reforestation of forest, woodlot, and tree crop orchards;</text> </level> <level label="2"> <text>Assist landowners of the district in marketing their forest products;</text> </level> <level label="3"> <text>Hold meetings of county or local forest fire wardens, lookouts, guards, fire fighters, and others to instruct them in methods of forest fire prevention and extinction;</text> </level> <level label="4"> <text>Enlist the cooperation of landowners in protection of their forests from fire, insects, and disease;</text> </level> <level label="5"> <text>Make an annual written report of his activities to the Secretary;</text> </level> <level label="6"> <text>Assist the State Extension Forester in carrying out the Farm Forestry Extension Program;</text> </level> <level label="7"> <text>Assist forest landowners in formation and execution of soil conservation practices;</text> </level> <level label="8"> <text>Keep accurate records of any forest management plan;</text> </level> <level label="9"> <text>Assist in management of community or municipally owned forests;</text> </level> <level label="10"> <text>Assist assessors in appraisal of woodlands; and</text> </level> <level label="11"> <text>Advise and assist in planting food-bearing trees and shrubs for the benefit of wildlife.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-608" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <level label="a"> <level label="1"> <level label="i"> <text>Any person engaged in a forest products business shall have a forest product operator’s license issued by the Department.</text> </level> <level label="ii"> <text>The license is secured from the Department for every type of forest products manufacturing plant.</text> </level> <level label="iii"> <text>Before any sawmill or other plant is erected for the manufacture of lumber or other forest products or when the location of any manufacturing plant is to be changed, the location shall be reported to the Department prior to erection of the plant or the change of location.</text> </level> </level> <level label="2"> <text>An applicant for a license shall:</text> <level label="i"> <text>Submit to the Department an application on the form that the Department provides;</text> </level> <level label="ii"> <text>Demonstrate compliance with the Maryland Workers’ Compensation Act under Title 9 of the Labor and Employment Article; and</text> </level> <level label="iii"> <text>Pay to the Department a fee set by the Department in an amount not to exceed the costs of carrying out this section.</text> </level> </level> <level label="3"> <text>The term of a license is 1 year.</text> </level> </level> <level label="b"> <text>Each person to whom this subtitle applies shall:</text> <level label="1"> <text>Leave conditions favorable for regrowth. Any forest land on which cuttings are made shall be left by the operator in a favorable condition for regrowth, in order to maintain sufficient growing stock to supply raw materials for industry and furnish employment for forest communities continuously, if possible, or without long interruption;</text> </level> <level label="2"> <text>Leave young growth. As far as feasible, every desirable seedling and sapling shall be protected during logging operations. Except where unavoidable in logging, immature trees may not be cut for any purpose except to improve the spacing, quality, and composition or conditions for restocking, or to obtain timber or wood for home use;</text> </level> <level label="3"> <text>Arrange for restocking land after cutting by leaving trees of desirable species of suitable size singly, or in groups, well distributed and in a number to secure restocking. If the board approves, however, clear–cutting may be performed;</text> </level> <level label="4"> <text>Maintain adequate growing stock after partial cutting or selective logging. Rules and regulations of the Department, defining standards of forest practice to obtain and maintain adequate growing stock in the different forest types, may vary with different forest types of the State;</text> </level> <level label="5"> <text>Conduct timber harvesting operations in accordance with the sediment and erosion control standards under Title 4 of the Environment Article;</text> </level> <level label="6"> <text>Accurately report to the Department the quality, quantity, and species of firewood sold or delivered in accordance with Title 11 of the Agriculture Article;</text> </level> <level label="7"> <text>Comply with the terms of any applicable federal, State, or local permit, license, or approval;</text> </level> <level label="8"> <text>Complete and submit to the Department an annual timber consumption report; and</text> </level> <level label="9"> <text>Comply with the standards of practice adopted by the Department.</text> </level> </level> <level label="c"> <level label="1"> <text>The Department may suspend or revoke the license of a forest product operator for failure to comply with this subtitle.</text> </level> <level label="2"> <text>Before suspending or revoking a license under this subsection, the Department, in accordance with Title 10, Subtitle 2 of the State Government Article, shall:</text> <level label="i"> <text>Send by registered or certified mail written notice of the basis of the suspension or revocation to the license holder at the last known address of the license holder; and</text> </level> <level label="ii"> <text>Hold a hearing on the license suspension or revocation if the license holder requests the hearing within 2 weeks after receiving the written notice.</text> </level> </level> <level label="3"> <text>A person aggrieved by a final decision of the Department in a contested case relating to a license suspension or revocation under this subsection may appeal as authorized under §§ 10–222 and 10–223 of the State Government Article.</text> </level> </level> <level label="d"> <text>The provisions of this section do not apply to cutting firewood and timber for domestic use for the owner or his tenant, but apply to all cutting not specifically excepted.</text> </level> <level label="e"> <text>In a civil action before a court of competent jurisdiction, a person who suffers damages as a result of a violation of this section by a license holder may recover court costs and reasonable attorney’s fees.</text> </level> <level label="f"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-608.1" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <level label="a"> <text>In this section, “forest product operator” means a person engaged in a forest products business who is licensed under § 5–608 of this subtitle.</text> </level> <level label="b"> <text>There is a Voluntary Firewood Treatment Certification Program in the Department.</text> </level> <level label="c"> <text>The purpose of the program is to certify forest product operators who export firewood to other states and use heat treatment and other procedures to prevent the presence of wood boring pest infestations, wood inhabiting pests, and plant disease pathogens in the firewood products.</text> </level> <level label="d"> <text>The Department may issue a certification to a forest product operator if:</text> <level label="1"> <text>The forest product operator submits a complete application for the certification on a form provided by the Department; and</text> </level> <level label="2"> <text>The Department determines, on inspection, that the facility, equipment, and treatment methods used by the forest product operator meet the criteria for certification established by the Department by regulation.</text> </level> </level> <level label="e"> <text>A certification issued under this section:</text> <level label="1"> <text>Shall have a term of 1 year;</text> </level> <level label="2"> <text>May include any conditions the Department considers necessary;</text> </level> <level label="3"> <text>May be renewed in accordance with regulations adopted by the Department;</text> </level> <level label="4"> <text>May not be transferred; and</text> </level> <level label="5"> <text>May be suspended or revoked by the Department for failure to comply with:</text> <level label="i"> <text>The provisions of this section;</text> </level> <level label="ii"> <text>A regulation adopted by the Department under this section; or</text> </level> <level label="iii"> <text>A condition or requirement of the certification.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>At least once annually and at any other time that the Department considers necessary, the Department may inspect the facility and equipment used by a forest product operator certified under this section.</text> </level> <level label="2"> <text>The Department shall keep a report of each inspection conducted under this subsection.</text> </level> </level> <level label="g"> <text>The Department, in consultation with the Department of Agriculture, shall adopt regulations to implement the provisions of this section, including regulations that establish:</text> <level label="1"> <text>The criteria for certification under this section; and</text> </level> <level label="2"> <text>The procedures for suspension and revocation of a certification issued under this section.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-609" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>The Department may accept for the State any appropriation of money for any forest conservation purpose made out of the federal treasury by any act of Congress. The Department is the forest authority for the expenditure and administration of the funds. The Treasurer of the State is the custodian of money the State receives from appropriations for forest conservation purposes made by any act of Congress. He may receive and provide for the proper custody of the money and make disbursements upon order of the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-610" title_number="5" title_name="Forests and Parks" subtitle_number="6" subtitle_name="Forest Conservancy Districts"> <text>This subtitle does not apply to clearing woodlands for reservoirs, military, naval, agricultural, communication and transmission lines, industrial sites, railroads, residential, or recreational purposes; nor does it apply to maple tree camps or to the business of gathering maple sugar or syrup.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-701" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <level label="a"> <text>A forest or park warden shall enforce every forest and park law, rule, and regulation of the State and protect State forest reserves, State parks, scenic preserves, parkways, historic monuments, and recreational areas.</text> </level> <level label="b"> <text>The forest or park warden shall report any violation of law to the Secretary as soon as possible, assist in apprehending and convicting offenders, and make an annual report to the Secretary on forest conditions in the forest or park warden’s immediate neighborhood.</text> </level> <level label="c"> <text>If any forest or park warden sees a forest fire, or is requested by a fire company to assist with a fire plow or provide incident command expertise at the scene, the forest or park warden shall:</text> <level label="1"> <text>Go immediately to the fire and employ those persons and means as the forest or park warden deems necessary to extinguish the fire;</text> </level> <level label="2"> <text>Keep an itemized account of all expenses thus incurred and send the account immediately to the Secretary;</text> </level> <level label="3"> <text>Control and direct any person and apparatus engaged in extinguishing forest fires;</text> </level> <level label="4"> <text>Summon inhabitants of the county over the age of 18 years, if able, to assist in extinguishing fires, and also require use of personal property needed for this purpose; and</text> </level> <level label="5"> <text>Use the members of the Junior Forest Fire Fighters Service between the ages of 14 and 18 years inclusive, either paid or unpaid, provided they have the written consent of their parents or guardians.</text> </level> </level> <level label="d"> <text>Any person summoned who is physically able, but who refuses or neglects to assist, or allow the use of man power, equipment, or other material required, is liable to a penalty of $10.</text> </level> <level label="e"> <text>An action for trespass may not lie against a forest or park warden or anyone working under the forest or park warden’s direction, for entering on any person’s land to extinguish a fire, plow furrows, tear down fences, or start a back fire to check a fire that may be approaching.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-702" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Expenses incurred in fighting or extinguishing any fire under the direction of the Secretary or a forest warden are equally borne by the county in which the fire occurred and by the State. The county shall pay them in full upon receipt of an itemized account, with vouchers approved by the Secretary. The State’s share shall be refunded by the Department out of any money standing to the credit of the State Forest and Park Fund, upon presentation of the accounts, together with evidence that the county has paid the sum in full. Nothing in this subtitle relieves the owner or lessee of lands upon which fires may burn, or be started, from the duty of extinguishing the fires so far as may lie within his power. An owner or lessee, or his employee may not receive any compensation from the State or county for fighting fires upon his or his employer’s lands.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-703" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>The Secretary shall furnish notices, printed in large letters, calling attention to the dangers of forest fires, and to forest fire and trespass laws, and their penalties. The Secretary shall distribute the notices to forest wardens who shall post them in conspicuous places on State forest reserves and along highways in forest-covered country. It is unlawful for any person to tear down or deface any forest fire warning notice.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-704" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <level label="a"> <text>Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble is guilty of a misdemeanor and upon conviction is subject to a fine not less than $250 nor exceeding $2,000, or imprisonment for not less than 30 days nor exceeding five years, or both with costs imposed in the discretion of the court.</text> </level> <level label="b"> <text>An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble. Setting a fire contrary to the provisions of this subsection is prima facie proof of carelessness or neglect within the meaning of this subsection. The landowner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless the landowner can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or the owner’s agents.</text> </level> <level label="c"> <text>Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden.</text> </level> <level label="d"> <text>The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-705" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Any person who causes any fire by violating § 5-704(a) or (b) or § 5-712 of this subtitle is liable to the State and county where the fire occurs in an action for debt to the full amount of all expenses incurred by the State or county in fighting and extinguishing the fire.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-706" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>The State’s Attorneys of the several counties shall prosecute any violator of Part I of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-707" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <level label="a"> <text>Between October 1 and April 15, every person who operates a railroad in the State shall establish a means to prevent a forest fire along the parts of its tracks adjacent to which the Department finds a fire hazard exists or probably may be caused by failure to take precautions. If the Department believes other precautionary means are insufficient, the person shall clear a safety strip of a width not exceeding 100 feet, as the Department determines, measured horizontally from the outer rail. The safety strip shall be cleared by removing all dead wood, fallen leaves, withered grass, and other flammable material, except fences, buildings, and manufactured products, from the ground embraced within the width prescribed. This subsection does not prevent the person from piling and storing along its right–of–way any materials necessary for construction, maintenance, or operation of its railroad.</text> </level> <level label="b"> <text>By September 1 of each year, the Department shall notify the person who operates a railroad in the State of the parts of its tracks where a fire hazard exists or probably may be caused to exist by failure to take precautions, or of the necessity for a safety strip.</text> </level> <level label="c"> <text>Subject to the provisions of subsection (d) of this section, the person may clear the safety strips of flammable material without liability for trespass. However, they may not remove or damage any fence, building, merchantable timber, or living trees as the owner designates without compensating him.</text> </level> <level label="d"> <level label="1"> <text>The Department shall obtain written permission of the actual owner of any property involved in clearing safety strips for the annual clearing prescribed by the provisions of subsection (a) of this section. The notice requesting written permission shall be made either by registered or certified mail directed to the last known address of the property owner of record, or by personal service on him. (2) If the owner of record is not served by either of these methods, the Department shall publish a notice of the annual clearing by the first day of September of each year at least once in two papers of general circulation in the county where all or a major portion of the property lies. The notice shall quote the provisions of this section. (3) If the owner does not file an objection to the clearing with the Department within 15 days after the mailing, personal service, or publication of notice, the owner shall be deemed to give consent to the clearing, and to entry on his property for this purpose. (4) If the owner refuses his permission, or if he timely files an objection, the Department may serve on him, by personal service or registered or certified mail, a written order for the owner to clear the safety strips within the time prescribed in subsection (a) of this section in the manner the Department directs. Any owner who fails to comply with the order within the prescribed time is liable to the fine provided for in § 5–714 of this subtitle.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-708" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>The Department and its authorized agents may enter at their risk, and without liability for trespass, any railroad or other land in order to ascertain conditions relative to enforcement of any provision of Part II of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-709" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Every landowner shall clear the safety strips in accordance with the terms of Part II of this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-710" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Any person owning property within 100 feet of the tracks of any railroad operating within the State when the distance is measured horizontally from the outer rail, who cuts or permits cutting trees or other crops on its property shall dispose of every tree top, brush, and other flammable material caused by the cutting so that the flammable material does not remain within 100 feet of the tracks for more than 30 days after cutting.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-711" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Every engine or boiler, operated in, through, or near forest or brush which does not burn oil as fuel, shall be provided with any appliance approved by the Department to prevent escape of fire and sparks. Any person who violates this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine of at least $10 and not exceeding $100.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-712" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Compliance with the provisions of Part II of this subtitle is not a bar to recovery of any damage for which any complying person would or might otherwise be liable.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-713" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Any act or part of an act inconsistent with the provisions of this subtitle is repealed to the extent of the inconsistency.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-714" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <text>Any person who violates any provision of § 5-707, § 5-709, or § 5-710 of this subtitle upon conviction is subject to a fine at the rate of $100 per mile, or any fraction, measured along the tracks for each day the flammable material remains on the ground.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-720" title_number="5" title_name="Forests and Parks" subtitle_number="7" subtitle_name="Fire Hazards; Prevention and Abatement"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.</text> </level> <level label="3"> <text>“Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.</text> </level> <level label="4"> <text>“Public officer” means:</text> <level label="i"> <text>The authorized agents of the Department; or</text> </level> <level label="ii"> <text>Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.</text> </level> <level label="2"> <text>This subsection does not apply to:</text> <level label="i"> <text>The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or</text> </level> <level label="ii"> <text>Any other supervised burning conducted under the direct control and supervision of:</text> <level label="1"> <text>Qualified fire instructors; or</text> </level> <level label="2"> <text>In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.</text> </level> </level> </level> </level> <level label="c"> <text>On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-801" title_number="5" title_name="Forests and Parks" subtitle_number="8" subtitle_name="Middle Atlantic Interstate Forest Fire Protection Compact"> <level label="a"> <text>The Governor, on behalf of the State, may execute a compact in substantially the following form, with one or more of the states of Delaware, New Jersey, Ohio, Pennsylvania, Virginia, and West Virginia. The General Assembly signifies in advance its approval and ratification of this compact:</text> <text>Article I</text> <text>The purpose of this compact is to promote effective prevention and control of forest fires in the Middle Atlantic region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, and by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements.</text> <text>Article II</text> <text>This compact shall become operative immediately as to those states ratifying it whenever any two or more of the states of Delaware, Maryland, New Jersey, Ohio, Pennsylvania, and Virginia and West Virginia which are contiguous have ratified it and Congress has given consent thereto.</text> <text>Article III</text> <text>In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.</text> <text>The compact administrators of the member state shall organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.</text> <text>The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.</text> <text>It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.</text> <text>Article IV</text> <text>Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.</text> <text>Article V</text> <text>Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the powers of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.</text> <text>No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.</text> <text>All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.</text> <text>Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.</text> <text>Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.</text> <text>For the purposes of this compact the term “employee” shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.</text> <text>The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.</text> <text>Article VI</text> <text>Nothing in this compact shall be construed to authorize or permit any member state to curtail or diminish its forest fire fighting forces, equipment, services or facilities, and it shall be the duty and responsibility of each member state to maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.</text> <text>Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.</text> <text>Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.</text> <text>Article VII</text> <text>The compact administrators may request the United States Forest Service to act as the primary research and coordinating agency of the Middle Atlantic Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.</text> <text>Article VIII</text> <text>The provisions of Article IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region; provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.</text> <text>Article IX</text> <text>This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.</text> </level> <level label="b"> <text>When the Governor has executed the compact on behalf of the State and caused a verified copy to be filed with the Secretary of State, and when it has been ratified by one or more of the states named in subsection (a) of this section, then the compact becomes operative and effective as between this State and the other state. The Governor may take the necessary action to complete the exchange of official documents between this State and any other state which ratifies the compact.</text> </level> <level label="c"> <text>The Secretary, or someone designated by him, shall act as compact administrator for the State and perform the functions required under subsection (a) of this section.</text> </level> <level label="d"> <text>The Department shall take the necessary action to integrate the State forest fire plan with the regional forest fire plan formulated by the compact administrators, and adjust and expand the plan as necessary to comply with subsection (a) of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-901" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>In this subtitle the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“Annual program” means a schedule of acquisition or development for one fiscal year.</text> </level> <level label="c"> <level label="1"> <text>“Capital renewal”, except as provided in subsection (l)(5) of this section, means renewal of a capital project for which an improvement is necessary to ensure the physical integrity of:</text> <level label="i"> <text>A facility;</text> </level> <level label="ii"> <text>Fixed equipment; or</text> </level> <level label="iii"> <text>An existing physical improvement.</text> </level> </level> <level label="2"> <text>“Capital renewal” does not include:</text> <level label="i"> <text>Preventive, routine, or operational maintenance projects instituted to ensure:</text> <level label="1"> <text>The aesthetic appeal of a project;</text> </level> <level label="2"> <text>The general daily upkeep of a project; or</text> </level> <level label="3"> <text>The maintenance of grounds surrounding a project; or</text> </level> </level> <level label="ii"> <text>Preventive, routine, or operational road maintenance projects except for those park or recreation area road maintenance projects identified in the Governor’s operating budget or the consolidated capital budget.</text> </level> </level> </level> <level label="d"> <text>“Funds available under this program” means the proceeds of Program Open Space and the annual apportionment of allocation of the Land and Water Conservation Fund to the State by the United States Department of Interior, National Park Service.</text> </level> <level label="e"> <text>“Governmental agency” means the Department of Recreation and Parks of a local governing body which currently provides or is charged by the local governing body with providing public outdoor recreation and open space areas.</text> </level> <level label="f"> <text>“Land trust” has the meaning stated in § 3-2A-01(d) of this article.</text> </level> <level label="g"> <text>“Local governing body” means the Maryland-National Capital Park and Planning Commission and the governing body of any county or Baltimore City.</text> </level> <level label="h"> <text>“Local projects” means acquisition or development of projects sponsored by the local governing bodies or their units, and in the case of Baltimore City it also means operation and maintenance of projects as provided in subsection (l) of this section.</text> </level> <level label="i"> <text>“Municipal corporation” means the incorporated towns of the State as defined in Article XI-E of the Maryland Constitution.</text> </level> <level label="j"> <text>“Subdivision” means one of the 23 counties of the State or Baltimore City.</text> </level> <level label="k"> <text>“Targeted areas” means those resource areas facing the most intense or immediate development pressure as identified and recommended for State acquisition efforts under the Maryland Land Preservation and Recreation Plan.</text> </level> <level label="l"> <text>“Total project cost” means every direct cost attributable to a particular project, including the cost of:</text> <level label="1"> <text>Materials;</text> </level> <level label="2"> <text>Equipment;</text> </level> <level label="3"> <text>Other capital expenditures;</text> </level> <level label="4"> <text>Acquisition of land including any incidental cost relating to acquisition of interests in real property, such as the cost of surveys, appraisals, title search, and legal fees, if the total projects which are reimbursed for incidental costs are limited to the fee schedules approved by the Board of Public Works for the incidental costs, which schedules shall be contained in regulations adopted by the Department of Natural Resources, with the approval of the Board of Public Works, in accordance with Title 10, Subtitle 1 of the State Government Article; or</text> </level> <level label="5"> <text>For Baltimore City operation and maintenance of any recreational facilities owned and operated by the City, if the amount of the funds expended does not exceed the proportion of the allocation to Baltimore City which is derived from current revenues, as distinguished from proceeds of bond issues.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-902" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>The General Assembly declares that there is need for a program to make funds available to State agencies and any subdivision to:</text> <level label="1"> <text>Expedite acquisition of outdoor recreation and open space areas before escalating cost of land prevents its purchase for public use and before potential areas are devoted to some other use; and</text> </level> <level label="2"> <text>Accelerate development and capital renewal of needed outdoor recreation facilities, including the provision of public access to the facilities.</text> </level> </level> <level label="b"> <text>This program is known as Program Open Space and carries out the recommendations of the 1968 Legislative Council committee on recreational areas. By enacting this program, the General Assembly intends to provide funds to the State and its subdivisions to enable them to acquire land for outdoor public recreation and open space use and develop and provide public access to the land for public recreation.</text> </level> <level label="c"> <level label="1"> <text>To effectuate the purposes of this section, the General Assembly has established a transfer tax funding program under Title 13, Subtitle 2 of the Tax – Property Article.</text> </level> <level label="2"> <text>In addition to or in lieu of the funding under paragraph (1) of this subsection, Program Open Space funding may be provided in the State Consolidated Capital Bond Funding Program or in a separate bond enabling act.</text> </level> <level label="3"> <text>In any fiscal year for which funding for Program Open Space is provided through the State Consolidated Capital Bond Funding Program or other bond enabling act, except as otherwise expressly provided under the bond enabling act through which the funding is provided:</text> <level label="i"> <text>The debt allocations shall be provided to the Department of Natural Resources and the Department shall allocate funds among local governing bodies according to the apportionment formula described in § 5–903 of this subtitle; and</text> </level> <level label="ii"> <text>For fiscal years 2011 through 2013 only, the allocations provided under § 5–903 of this subtitle of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article shall be adjusted to reduce the amount that would otherwise be allocated for any purpose by the amount of funding provided for that purpose under the bond enabling act.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-903" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <level label="1"> <level label="i"> <text>Of the funds distributed to Program Open Space under § 13–209 of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article, to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.</text> </level> <level label="ii"> <text>Of the amount transferred under subparagraph (i) of this paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the Department of Planning to be awarded as noncapital historic preservation grants.</text> </level> </level> <level label="2"> <level label="i"> <level label="1"> <text>Of the remaining funds not appropriated under paragraph (1)(i) of this subsection:</text> </level> <level label="A"> <text>One half of the funds shall be used for recreation and open space purposes by the Department and the Historic St. Mary’s City Commission; and</text> </level> <level label="B"> <text>20% of the funds or $21,000,000, whichever is greater, shall be appropriated to the Forest and Park Service in the Department to operate State forests and parks.</text> </level> <level label="2"> <text>Except as otherwise provided in this section, any funds the General Assembly appropriates to the State under this subsection shall be used only for land acquisition projects.</text> </level> </level> <level label="ii"> <level label="1"> <text>As specified in subsubparagraph 2 of this subparagraph, a portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be utilized to make grants to Baltimore City for projects which meet park purposes. The grants shall be in addition to any funds Baltimore City is eligible to receive under subsection (b) of this section, and may be used for acquisition or development. In order for Baltimore City to be eligible for a State grant, the Department shall review projects or land to be acquired within Baltimore City, and upon the Department’s recommendation, the Board of Public Works may approve projects and land including the cost. Title to the land shall be in the name of the Mayor and City Council of Baltimore City. The State is not responsible for costs involved in the development or maintenance of the land.</text> </level> <level label="2"> <text>The grants to Baltimore City under subsubparagraph 1 of this subparagraph shall be made in the following amounts:</text> </level> <level label="A"> <text>For fiscal year 2017, $1,500,000;</text> </level> <level label="B"> <text>For fiscal year 2018, $3,500,000;</text> </level> <level label="C"> <text>For fiscal year 2019, $5,500,000;</text> </level> <level label="D"> <text>For fiscal years 2020 through 2023, $6,000,000; and</text> </level> <level label="E"> <text>For fiscal year 2024 and each fiscal year thereafter, $10,000,000.</text> </level> <level label="3"> <text>The grants made under this subparagraph supplement rather than supplant any other funding for park purposes in Baltimore City, no matter the source.</text> </level> <level label="4"> <text>For fiscal year 2018, the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:</text> </level> <level label="A"> <text>$400,000 for Herring Run Park;</text> </level> <level label="B"> <text>$500,000 for Clifton Park;</text> </level> <level label="C"> <text>$300,000 for Druid Hill Park Trail Head;</text> </level> <level label="D"> <text>$300,000 for athletic field renovations at Gwynns Falls Park;</text> </level> <level label="E"> <text>$300,000 for Patterson Park; and</text> </level> <level label="F"> <text>$200,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.</text> </level> <level label="5"> <text>For fiscal year 2019, a portion of the grant funds to Baltimore City in excess of $1,500,000 under subsubparagraph 1 of this subparagraph may only be used for capital purposes related to the following projects in the amounts specified:</text> </level> <level label="A"> <text>$100,000 for Herring Run Park;</text> </level> <level label="B"> <text>$100,000 for Clifton Park; and</text> </level> <level label="C"> <text>$100,000 for field lights and other improvements at Frederic B. Leidig Recreation Center.</text> </level> </level> <level label="iii"> <level label="1"> <text>A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program not to exceed $8,000,000 for each fiscal year may be transferred by an appropriation in the State budget to the Rural Legacy Program under Subtitle 9A of this title.</text> </level> <level label="2"> <text>In each fiscal year, up to $2 million of the funds transferred under this subparagraph to the Rural Legacy Program may be used to purchase zero coupon bonds for easements.</text> </level> <level label="3"> <text>Sums allocated to the Rural Legacy Program may not revert to the General Fund of the State.</text> </level> </level> <level label="iv"> <text>In addition to the $3,000,000 under paragraph (1)(i) of this subsection that may be transferred to the Maryland Heritage Areas Authority Financing Fund, up to $9,000,000 of the State’s share of funds available under subparagraph (i)1A of this paragraph may be transferred by an appropriation in the State budget or by an amendment to the State budget under Title 7, Subtitle 2 of the State Finance and Procurement Article to the Maryland Heritage Areas Authority Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be used for the purposes provided in that subtitle.</text> </level> <level label="v"> <text>The Department may acquire real property under subparagraph (i)1A of this paragraph based on an offer by the State that is less than the lowest approved appraisal for the property.</text> </level> <level label="vi"> <text>A portion of the State’s share of funds available under subparagraph (i)1A of this paragraph for this program shall be transferred by an appropriation in the State budget to the Greenspace Equity Program established under Subtitle 9D of this title as follows:</text> <level label="1"> <text>For fiscal year 2025, up to $5,000,000;</text> </level> <level label="2"> <text>For fiscal year 2026, up to $7,000,000; and</text> </level> <level label="3"> <text>For fiscal year 2027 and each fiscal year thereafter, up to $10,000,000.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>The General Assembly shall appropriate the remaining funds not appropriated under subsection (a) of this section to assist local governing bodies in acquisition and development of land for recreation and open space purposes, including the provision of public access to the land.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, funds appropriated under paragraph (1) of this subsection for development of land for recreation and open space purposes may be used for indoor or outdoor recreation and open space purposes, including the construction of indoor or outdoor recreational facilities such as aquatic, golf, community, and nature centers.</text> </level> <level label="3"> <text>An indoor recreational facility funded under paragraph (1) of this subsection shall:</text> <level label="i"> <text>If the facility is 7,500 square feet or greater, meet or exceed the current version of the U.S. Green Building Council’s LEED Green Building Rating System Silver rating, however, the facility is not required to be certified through the LEED certification process; and</text> </level> <level label="ii"> <text>Incorporate, to the maximum extent practicable, the nonstructural site design practices in the Maryland Stormwater Design Manual, incorporated by reference in COMAR 26.17.02.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A committee, appointed by the Governor, shall prepare and adopt an apportionment formula relating to the percent of the total funds each subdivision will receive. The committee consists of two members of the Senate, three members of the House of Delegates, and four members of the public at large.</text> </level> <level label="2"> <text>The Secretary of the Department of Planning and the Secretary shall serve as advisers to the committee.</text> </level> <level label="3"> <text>The committee shall meet at least annually to review and update the apportionment formula. In determining the allocation formula, the committee shall take into account for each subdivision:</text> <level label="i"> <text>Current population;</text> </level> <level label="ii"> <text>Projected population; and</text> </level> <level label="iii"> <text>Other factors it deems desirable.</text> </level> </level> <level label="4"> <text>In determining the apportionment for any year the committee may consider under–utilization of available funds and may transfer or advance unused allocations that have not been utilized within a given period. The committee may reallocate funds, subject however to the policy that over the 10–year period any subdivision shall be allocated in the aggregate the funds it would have been entitled to receive if able to utilize them.</text> </level> <level label="5"> <text>Before adopting an apportionment formula and before allocating funds for any year, the committee shall notify the governing bodies of every affected subdivision of its intended action and, after reasonable notice, afford an opportunity for hearings on the apportionment or allocation.</text> </level> </level> <level label="d"> <text>Any funds previously or subsequently appropriated or reimbursed to the Department from the Land and Water Conservation Fund of the United States Department of the Interior, National Park Service shall be used to supplement the acquisition and development program of the Department and of other eligible State agencies and local government bodies.</text> </level> <level label="e"> <level label="1"> <text>The Department may, with the approval of the Board of Public Works, use acquisition funds to make matching or refundable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes.</text> </level> <level label="2"> <text>Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Department may enter into agreements with a land trust for the State to acquire title to or an interest or right in property owned by the land trust or property on which the land trust holds an option or a contract to purchase.</text> </level> <level label="3"> <text>An agreement under this subsection shall be subject to approval by the Board of Public Works under § 1–109(d) of this article.</text> </level> </level> <level label="f"> <level label="1"> <text>Subject to the limitation under paragraph (2) of this subsection, the Department may use acquisition funds to:</text> <level label="i"> <text>Stabilize the structural integrity of improvements existing on land at the time of acquisition;</text> </level> <level label="ii"> <text>Eliminate hazards to health and safety, including treatment and removal of hazardous materials;</text> </level> <level label="iii"> <text>Protect water quality by implementing environmental improvements, including shore erosion control measures and vegetated buffers; and</text> </level> <level label="iv"> <text>Provide public access to the recreational and open space uses of the acquired land.</text> </level> </level> <level label="2"> <text>The costs to perform any of the activities described in paragraph (1) of this subsection may not exceed 10 percent of the purchase price of the land.</text> </level> <level label="3"> <text>The Department may use acquisition funds to enhance public access to existing recreational and open space sites.</text> </level> </level> <level label="g"> <level label="1"> <text>Any amount appropriated in the State budget, and for each subsequent fiscal year, up to 25 percent of the State’s share of funds that would be available under the program if 100 percent of the funds not required under § 13–209(b) of the Tax – Property Article were available for distribution as provided in § 13–209(d) of the Tax – Property Article may be used for capital improvements on land owned by the State for the use of the Department, the Maryland Historical Trust for museums operated by the Trust, or the Historic St. Mary’s Commission, if the improvements are:</text> <level label="i"> <text>Approved in the State budget; and</text> </level> <level label="ii"> <text>Compatible with:</text> <level label="1"> <text>Any master plan developed for the land; and</text> </level> <level label="2"> <text>The natural features of the land.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>For the fiscal year commencing July 1, 1996, up to 12.5% of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.</text> </level> <level label="ii"> <text>For the fiscal year commencing July 1, 1997, up to $1,000,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.</text> </level> <level label="iii"> <text>For the fiscal year commencing July 1, 1998, and all subsequent fiscal years, up to $1,200,000 of the State’s share of funds available for capital improvements may be used to operate State forests and parks, but only if the funds expended for operating costs do not exceed the portion of the State allocation available under this subsection that is derived from current revenues, as distinguished from proceeds of bond issues.</text> </level> <level label="iv"> <text>The only wages that can be paid with the portion of the State’s share of funds authorized under subparagraphs (ii) and (iii) of this paragraph are the wages of employees in the State forests and parks.</text> </level> </level> <level label="3"> <text>If the General Assembly amends the Budget Bill to strike out an improvement or operating costs under this subsection submitted by the Governor, the Governor may consider reallocating the funds through a supplemental budget for the same fiscal year:</text> <level label="i"> <text>To finance specific alternative land acquisition, development projects, or operating costs; or</text> </level> <level label="ii"> <text>To the Advance Option and Purchase Fund established under § 5–904(b) of this subtitle.</text> </level> </level> </level> <level label="h"> <text>In allocating the State’s share of funds under this section, the Secretary shall consider the following land conservation priorities, notwithstanding other priorities specified in this title:</text> <level label="1"> <text>Conserving working landscapes, as defined in § 5–101 of this title;</text> </level> <level label="2"> <text>Protecting and restoring forests from threats, including catastrophic wildfires, hurricanes, windstorms, snow or ice storms, flooding, drought, invasive species, insect or disease outbreak, and development; and</text> </level> <level label="3"> <text>Conserving land that drains into a reservoir in the State.</text> </level> </level> <level label="i"> <level label="1"> <text>Notwithstanding any other provision of this section or the allocation formulas in § 13–209 of the Tax – Property Article and subject to paragraph (2) of this subsection, the Governor may transfer to the Department funds from the Program Open Space State land acquisition balance if:</text> <level label="i"> <text>The balance is more than $80,000,000 at the end of a given fiscal year; and</text> </level> <level label="ii"> <text>The Department’s existing special fund sources are insufficient to cover existing salaries for permanent, classified positions responsible for operating and maintaining lands administered and managed by the Department.</text> </level> </level> <level label="2"> <text>After a fund transfer under paragraph (1) of this subsection, the remaining balance must be at least $80,000,000.</text> </level> <level label="3"> <level label="i"> <text>The Department may use any amount of the transferred funds as a one–time fiscal year expenditure for:</text> <level label="1"> <text>Operation and maintenance of lands administered and managed by the Department;</text> </level> <level label="2"> <text>Administrative expenses related to land acquired by the Department under Program Open Space; or</text> </level> <level label="3"> <text>Law enforcement activities, services, salaries, and related expenses of the Natural Resources Police.</text> </level> </level> <level label="ii"> <text>The Department may transfer any amount of the transferred funds to the Forest or Park Reserve Fund established under § 5–212 of this title.</text> </level> </level> <level label="4"> <text>Any fund transfer made under this subsection supplements rather than supplants any other funding for operation, maintenance, and administration of lands administered and managed by the Department regardless of the source of the other funding.</text> </level> <level label="5"> <text>For purposes of the fund transfer allowed under this subsection, the balance of the Heritage Conservation Fund established under § 5–1501 of this title and any other funds appropriated to Program Open Space (Stateside) shall be included as part of the Program Open Space State land acquisition balance.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-903.1" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>In this section, “Fund” means the Program Open Space Contingency Fund.</text> </level> <level label="b"> <text>There is a Program Open Space Contingency Fund.</text> </level> <level label="c"> <text>The Fund is a continuing, nonlapsing, revolving fund not to exceed $1,000,000 that consists of the amount of appropriations for a capital project:</text> <level label="1"> <text>In excess of the amount needed for the capital project; and</text> </level> <level label="2"> <text>Allocated to the Fund by the Governor.</text> </level> </level> <level label="d"> <text>The Fund may be used to:</text> <level label="1"> <text>Supplement an existing appropriation for a capital project; and</text> </level> <level label="2"> <text>Undertake critical maintenance projects.</text> </level> </level> <level label="e"> <level label="1"> <text>The Department shall evaluate each request for an expenditure from the Fund.</text> </level> <level label="2"> <text>The Department may request the Board of Public Works to authorize an expenditure from the Fund if:</text> <level label="i"> <text>All reasonable attempts to reduce the cost of the capital project have been made;</text> </level> <level label="ii"> <text>No practical alternative exists for securing funding to complete the capital or critical maintenance project; and</text> </level> <level label="iii"> <text>The requested funding does not increase the scope of the capital project.</text> </level> </level> <level label="3"> <text>Prior to seeking approval from the Board of Public Works, the Department of Natural Resources and the Department of Budget and Management shall:</text> <level label="i"> <text>Provide written notice to the budget committees on the planned use of the funds; and</text> </level> <level label="ii"> <text>Allow 45 days for review and comment by the budget committees unless the additional funds necessary do not exceed 20% of the original appropriation for any project and in the judgment of the Department of Natural Resources and the Department of Budget and Management that the additional funds are necessary to prevent a work stoppage on the project.</text> </level> </level> <level label="4"> <text>If the Board of Public Works authorizes an expenditure from the Fund, the amount specified by the Board of Public Works may be transferred from the Fund to the Program Open Space account to supplement the specified authorization.</text> </level> </level> <level label="f"> <text>On or before January 1 of each year, the Secretary of Natural Resources shall report to the General Assembly, subject to § 2–1257 of the State Government Article, on the money:</text> <level label="1"> <text>Deposited in the Fund;</text> </level> <level label="2"> <text>Authorized for expenditure from the Fund; and</text> </level> <level label="3"> <text>Expended from the Fund.</text> </level> </level> <level label="g"> <text>Money in the Fund shall be deposited with the State Treasurer.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-904" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <level label="1"> <text>Each year the Department, in consultation with the Department of Planning, shall prepare a list of recommended State projects for funding under this program for the next fiscal year.</text> </level> <level label="2"> <text>In preparing the list, the Department shall give priority to properties in targeted areas.</text> </level> <level label="3"> <text>Prior to submitting the list to the Department of Budget and Management for inclusion in the budget, the legislators from the district within which the Department is proposing a State acquisition project shall be given an opportunity to review and comment on the project.</text> </level> <level label="4"> <text>The list shall be submitted to the General Assembly in a manner similar to other capital projects as provided in Title 3, Subtitle 6 of the State Finance and Procurement Article.</text> </level> <level label="5"> <level label="i"> <text>The Department, for each project recommended under this subsection, shall consider whether it is feasible to provide public access to the recreational and open space site.</text> </level> <level label="ii"> <text>When considering whether it is feasible to provide public access to a site under this paragraph, the Department may consider:</text> <level label="1"> <text>The availability of funds available under this program or from other sources to provide public access to the site;</text> </level> <level label="2"> <text>Public safety and liability issues if public access were provided to the site;</text> </level> <level label="3"> <text>Whether the site was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and</text> </level> <level label="4"> <text>The existence of a contractual commitment on the site that would limit public access for a period of time, including a home, agricultural, or hunting lease.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>There is an Advance Option and Purchase Fund.</text> </level> <level label="2"> <text>A portion of funds available under this program for State projects may be appropriated in the State budget for the Advance Option and Purchase Fund.</text> </level> <level label="3"> <level label="i"> <text>The Department may use funds available in the Advance Option and Purchase Fund to obtain options to purchase lands in targeted areas or to otherwise purchase land.</text> </level> <level label="ii"> <text>Notwithstanding the provisions of § 10–306 of the State Finance and Procurement Article, any money received by the State as consideration for property acquired under this subtitle shall be deposited in the Advance Option and Purchase Fund.</text> </level> </level> <level label="4"> <text>Funds available in the Advance Option and Purchase Fund shall be allocated in the following order of priority:</text> <level label="i"> <text>First to obtain an option on any parcel of land in a targeted area in advance of purchase, or to purchase a specific tract of land in a targeted area; and</text> </level> <level label="ii"> <text>Then to purchase property on which an option has been obtained or any other parcel of land.</text> </level> </level> <level label="5"> <level label="i"> <text>Before the Department makes an expenditure from the Advance Option and Purchase Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.</text> </level> <level label="ii"> <text>The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.</text> </level> </level> <level label="6"> <text>Any expenditure of funds from the Advance Option and Purchase Fund is subject to the approval of the Board of Public Works.</text> </level> </level> <level label="c"> <level label="1"> <text>There is a Bay Access Areas Fund.</text> </level> <level label="2"> <text>A portion of the funds available under this program for State projects may be appropriated in the State budget for the Bay Access Areas Fund.</text> </level> <level label="3"> <text>The Department may use funds available in the Bay Access Areas Fund to:</text> <level label="i"> <text>Purchase sites that provide public access to a body of water; or</text> </level> <level label="ii"> <text>Enhance public access to a body of water on an existing recreational and open space site.</text> </level> </level> <level label="4"> <text>In purchasing sites under this subsection, the Department shall give preference to sites that:</text> <level label="i"> <level label="1"> <text>Are directly on the bay; or</text> </level> <level label="2"> <text>Are on a tributary of the bay and are near the bay;</text> </level> </level> <level label="ii"> <text>Are near a population center;</text> </level> <level label="iii"> <text>Are readily accessible by the public; and</text> </level> <level label="iv"> <text>Would fulfill a need for public water access identified in the Maryland Land Preservation and Recreation Plan or a local land preservation and recreation plan.</text> </level> </level> <level label="5"> <level label="i"> <text>Before the Department makes an expenditure from the Bay Access Areas Fund, the Department shall submit the proposed expenditure with complete supporting documentation to the budget committees of the General Assembly for review and comment by those committees.</text> </level> <level label="ii"> <text>The budget committees have 45 days after receipt of the documentation to submit comments to the Board of Public Works.</text> </level> </level> <level label="6"> <text>Any expenditure of funds from the Bay Access Areas Fund is subject to the approval of the Board of Public Works.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department and the Maryland Environmental Trust, with the approval of the Board of Public Works, may:</text> <level label="i"> <text>Use State project funds under Program Open Space to contribute towards, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, restrictive covenants, or conservation easements for which the Department of Transportation spends federal funds for transportation enhancements, as defined in Title 23, United States Code, §§ 101(a) and 133; and</text> </level> <level label="ii"> <text>Acquire the fee titles, restrictive covenants, or conservation easements from the Department of Transportation or any of its agents.</text> </level> </level> <level label="2"> <text>State project funds under Program Open Space may be used to contribute toward, or reimburse the Department of Transportation for, a portion of the costs of acquiring any fee titles, as specified in paragraph (1) of this subsection, only for acquisitions that are contained in the most current consolidated transportation plan of the State.</text> </level> </level> <level label="e"> <level label="1"> <text>Regarding any proposed acquisition of real property for the use of the Department after June 30, 1995, the Department may submit to the Board of Public Works for approval at the same time as the acquisition, a plan for subsequent disposition of any portion of the real property.</text> </level> <level label="2"> <text>When disposing of property pursuant to a plan approved under paragraph (1) of this subsection, the Department shall impose any restrictive covenants or conservation easements on the property that the Department deems necessary to protect natural features or to assure that uses of the property will be compatible with any adjacent property held by the Department. Prior to disposing of the property, the Department shall notify and consider any comments from the local jurisdiction in which the property is located. Right of first refusal to purchase the property from the Department belongs first to the municipal corporation in which the property is located, if any, and second to the county in which the property is located.</text> </level> <level label="3"> <text>Property conveyed pursuant to a plan for disposition approved under paragraph (1) of this subsection is not excess real property under § 5–310 of the State Finance and Procurement Article.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-905" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <level label="1"> <text>On or before May 1 of each year, the Department shall notify each local governing body of its allocation of local acquisition and development funds for the next fiscal year within the limits imposed by the formula developed for the apportionment of the annual appropriations for Program Open Space.</text> </level> <level label="2"> <level label="i"> <text>By the first of July each year, a participating local governing body shall submit an annual program of proposed acquisition and development projects, together with a list of projects submitted by any municipal corporation to the local governing body and not included in the local governing body’s annual program, to the Department of Planning for review and to the Department for approval.</text> </level> <level label="ii"> <text>A municipal corporation may submit an annual program through its local governing body.</text> </level> <level label="iii"> <text>A subdivision, for each proposed project under this subsection, shall consider whether it is feasible to provide public access to the proposed project.</text> </level> <level label="iv"> <text>When considering whether it is feasible to provide public access to a proposed project under this paragraph, a subdivision may consider:</text> <level label="1"> <text>The availability of funds available under this program or from other sources to provide public access to the proposed project;</text> </level> <level label="2"> <text>Public safety and liability issues if public access were provided to the site;</text> </level> <level label="3"> <text>Whether the site for the proposed project was acquired as a part of a larger recreational and open space project that is not yet completed and ready for public access; and</text> </level> <level label="4"> <text>The existence of a contractual commitment on the site for a proposed project that would limit public access for a period of time, including a home, agricultural, or hunting lease.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>Upon review by the Department of Planning and approval by the Department and the Board of Public Works, the allocated funds shall be encumbered for the purposes of §§ 7–305(d)(3) and 8–128(c) of the State Finance and Procurement Article, and the annual program shall become the basis for a grant agreement for the total allocation to each of the local governing bodies.</text> </level> <level label="ii"> <text>Prior to approval of a local annual program, or any revision thereof, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the annual program or its revisions.</text> </level> </level> <level label="4"> <text>Any program may be revised by the local governing body and the revised program, after the Department of Planning reviews and the Department approves it, shall be substituted for the original program in the grant agreement.</text> </level> <level label="5"> <level label="i"> <text>In accordance with the Department’s regulations, upon receipt of evidence from the local governing body of a county or municipal corporation that funds have been spent on a project that is approved in the grant agreement, the Department shall cause the requested amount of funds from the local governing body’s allocation to be reimbursed to the local governing body.</text> </level> <level label="ii"> <text>Any municipal corporation may submit evidence of expenditures for approved projects through its local governing body to the Department.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in subsection (c)(1) of this section and except in Baltimore City, at least one half of a local governing body’s annual apportionment shall be used for acquisition projects. Local matching funds are not required for acquisition projects. If the local governing body is unable to obtain federal funds pursuant to § 5–906 of this subtitle, for an approved local acquisition project, the total cost of the project shall be defrayed out of the local governing body’s annual apportionment of State funds for open space. In Baltimore City any portion of the annual apportionment may be used either for acquisition or development.</text> </level> <level label="2"> <text>A local governing body shall prepare a local land preservation and recreation plan with acquisition goals based upon the most current population data available from the Department of Planning and submit it to the Department and to the Department of Planning for joint approval according to the criteria and goals set forth in guidelines prepared by the Department and the Department of Planning. A local governing body shall revise its local land preservation and recreation plan at least every 5 years and submit the revised local plan to the Department and to the Department of Planning for joint approval 1 year prior to the revision of the Maryland Land Preservation and Recreation Plan. Prior to approval of a revised local plan, the Department shall provide the legislators from the district within which any part of the local jurisdiction is located the opportunity to review and comment on the revised local plan.</text> </level> <level label="3"> <text>Subject to the approval of the Department, a local governing body may use part of its acquisition funds for initial or periodic updating of local land preservation and recreation plans. The amount that may be used by a subdivision for planning purposes in the local land preservation and recreation plan shall not exceed $125,000 for any individual plan update within the 5–year update cycle. Local matching funds are not required for planning or updating the local land preservation and recreation plan.</text> </level> <level label="4"> <text>If federal funds are provided on any acquisition project, the State shall provide 100 percent of the difference between the total project cost and the federal contribution.</text> </level> <level label="5"> <level label="i"> <text>A local governing body shall use part of its funds reserved for acquisition for a local advance option and purchase fund. The funding level of the local advance option and purchase fund shall be determined on an annual basis and submitted as part of the annual program under subsection (a) of this section. The local advance option and purchase fund may be used to obtain an option on any parcel of land identified by the local governing body as facing intense development pressure within that county in advance of purchase or to purchase specific tracts of land.</text> </level> <level label="ii"> <text>Funds available in a local advance option and purchase fund shall be allocated in the following order of priority:</text> <level label="1"> <text>First to obtain an option on any parcel of land identified by the local governing body as facing intense or immediate development pressure within that county in advance of purchase, or to purchase a specific tract of land identified by the local governing body as facing intense development pressure within that county; and</text> </level> <level label="2"> <text>Then to purchase property on which an option has been obtained or any other parcel of land.</text> </level> </level> </level> <level label="6"> <level label="i"> <text>A local governing body may use part of its funds reserved for acquisition for a local land trust grant fund.</text> </level> <level label="ii"> <text>A local land trust grant fund may be used to:</text> <level label="1"> <text>Make matching or reimbursable grants to land trusts for the acquisition of interests or rights in real property for recreational or open space purposes; or</text> </level> <level label="2"> <text>Acquire, under an agreement with a land trust, title to or an interest or right in property owned by a land trust or property on which the land trust holds an option or a contract to purchase.</text> </level> </level> <level label="iii"> <text>As a condition to any agreement under which a local government agrees to acquire title to or an interest or rights in property owned by a land trust or property on which the land trust holds an option or a contract to purchase, a perpetual conservation easement on the land shall be donated.</text> </level> <level label="iv"> <text>A project may not receive funds from a local land trust grant fund unless:</text> <level label="1"> <text>The project is approved in the local governing body’s grant agreement; or</text> </level> <level label="2"> <text>The Department and the Board of Public Works approve the project as being in conformity with criteria governing land acquired under a local grant from Program Open Space.</text> </level> </level> <level label="v"> <text>The Department may approve a grant from a local land trust grant fund conditional upon modifying its terms.</text> </level> </level> <level label="7"> <level label="i"> <text>Except as provided in subparagraph (iii) of this paragraph, if any portion of an annual apportionment to a local governing body is not encumbered within 5 years of the allocation, the unencumbered funds shall revert to the Department, to be held by the Department in a special account until the beginning of the next fiscal year.</text> </level> <level label="ii"> <text>At the beginning of the next fiscal year, the funds held in the special account under subparagraph (i) of this paragraph shall be added to the funds appropriated under § 5–903(b) of this subtitle to assist local governing bodies in acquisition and development of land for recreation and open space purposes.</text> </level> <level label="iii"> <text>If a local governing body demonstrates to the Department that unencumbered funds have been designated for a specified purpose, subparagraph (i) of this paragraph does not apply to the funds.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>One half of any local governing body’s annual apportionment shall be used for acquisition or development projects.</text> </level> <level label="ii"> <level label="1"> <text>This subparagraph applies to a local governing body’s:</text> </level> <level label="A"> <text>Apportionment not yet encumbered as of July 1, 2025;</text> </level> <level label="B"> <text>Fiscal year 2026 apportionment; and</text> </level> <level label="C"> <text>Future annual apportionment.</text> </level> <level label="2"> <text>If the Department and the Department of Planning certify that acquisition goals set forth in the current, approved local land preservation and recreation plan have been met, a local governing body may use up to 100% of its apportionment for development projects.</text> </level> </level> <level label="iii"> <text>If a county determines that it qualifies for the additional funds for development and capital renewal projects under subparagraph (ii) of this paragraph, before the due date for all local governing bodies to submit revised local land preservation and recreation plans, that county may submit an interim local land preservation and recreation plan:</text> <level label="1"> <text>Prior to the submission under subsection (b)(2) of this section; and</text> </level> <level label="2"> <text>In addition to the submission required under subsection (b)(2) of this section.</text> </level> </level> </level> <level label="2"> <text>The State shall provide 100 percent of the total project cost of each approved local acquisition project or, if federal funds are provided, 100 percent of the difference between the total project cost and the federal contribution.</text> </level> <level label="3"> <level label="i"> <text>Except as provided in subparagraph (iii) of this paragraph, if the local governing body is unable to obtain State or federal funds other than the funds allocated under subsection (a) of this section and pursuant to § 5–906 of this subtitle, for each approved local development project the State shall provide:</text> <level label="1"> <text>75 percent of the total project cost; or</text> </level> <level label="2"> <text>If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 90 percent of the total project cost.</text> </level> </level> <level label="ii"> <text>Except as provided in subparagraph (iii) of this paragraph, if State funds, other than the funds allocated under subsection (a) of this section, or federal funds are provided on any development project cost, and provided that the total State funds when added to every other available fund does not exceed 100 percent of the total project cost, the local jurisdiction shall match:</text> <level label="1"> <text>25 percent of the Program Open Space grant amount; or</text> </level> <level label="2"> <text>If the Department has certified pursuant to paragraph (1) of this subsection that acquisition goals have been met, 10 percent of the Program Open Space grant amount.</text> </level> </level> <level label="iii"> <level label="1"> <text>Subject to the requirement in subsubparagraph 3 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to build a recreational facility within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 90 percent of the total project cost.</text> </level> <level label="2"> <text>Subject to subsubparagraph 4 of this subparagraph, if a local governing body uses its funds appropriated under § 5–903(b)(1) of this subtitle to construct an indoor recreational facility that is not ancillary and necessary for outdoor recreation, and will be located outside of a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, the State shall provide 50 percent of the total project cost.</text> </level> <level label="3"> <text>The State shall provide 90 percent of the total project cost under subsubparagraph 1 of this subparagraph if the local governing body agrees to limit the amount of impervious surface on the land acquired within a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article, to no more than 10 percent of the land.</text> </level> <level label="4"> <text>The 50% funding limit under subsubparagraph 2 of this subparagraph does not apply if the Department determines that:</text> </level> <level label="A"> <text>The indoor recreational facility is designed to serve multiple priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, or multiple census designated places within a priority funding area;</text> </level> <level label="B"> <text>The indoor recreational facility contains equipment or facilities, including a swimming pool, that cannot be supported in multiple locations; and</text> </level> <level label="C"> <text>The applicable local government planning and zoning agency has verified that the location of the indoor recreational facility is consistent with the local government’s comprehensive plan.</text> </level> </level> </level> </level> <level label="d"> <text>If land is donated to local governing bodies during the fiscal year, 75 percent of the appraised value the Department approves may be applied as a portion of, or all of, the local governing body’s share of the project’s cost for the projects referred to in subsection (c) of this section.</text> </level> <level label="e"> <text>If federal funds are received for any approved local project after it was funded by the State in accordance with subsections (b) and (c) of this section, the applicant shall reimburse the State in an amount equal to the federal contribution. The reimbursement shall be reserved for other projects approved for the applicant up to the limit of the share allocated to the local governing body.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-906" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>Each local project shall conform to a comprehensive plan the local governing body approves and have the approval of official planning agencies having jurisdiction, including comprehensive planning agencies.</text> </level> <level label="b"> <text>Every acquisition and development project funded by the State in whole or in part shall meet needs identified in the Maryland Land Preservation and Recreation Plan prepared and revised every 5 years by the Department in consultation with the Department of Planning and local governments. The document shall identify and recommend for State acquisition efforts those resource areas facing the most intense or immediate development pressure. These resource areas shall be designated as targeted areas. The document and any changes to it shall be distributed to every local governing body.</text> </level> <level label="c"> <text>The Department shall administer the local projects portion of Program Open Space and promulgate and adopt rules and regulations governing submission of applications and allowable project costs.</text> </level> <level label="d"> <text>As provided in § 5–905(a) of this subtitle, beginning on December 1, 1973, local projects shall not be considered or approved for a grant until the annual program of the subdivision has been submitted.</text> </level> <level label="e"> <text>The applicant shall certify on each application that:</text> <level label="1"> <text>The project conforms to the annual program of the local governing body as provided for in § 5–905(a) of this subtitle;</text> </level> <level label="2"> <text>A governmental agency is charged to manage and administer an outdoor public recreation and open space program;</text> </level> <level label="3"> <text>Funds are available or will be available within 12 months of the date of submission of the application to pay the local share of the project cost;</text> </level> <level label="4"> <text>The value or interest in the land proposed for acquisition has been established by qualified appraisers;</text> </level> <level label="5"> <text>The applicant has received or not received federal funds for the project; and</text> </level> <level label="6"> <text>The Department’s rules and regulations have been complied with.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>Land acquired or developed under a State grant from Program Open Space may not be converted, without written approval of the Secretary, the Secretary of the Department of Budget and Management, and the Secretary of the Department of Planning from outdoor public recreation or open space use to any other use.</text> </level> <level label="ii"> <text>Any conversion in land use may be approved only after the local governing body replaces the land with land of at least equivalent area and of equal recreation or open space value.</text> </level> </level> <level label="2"> <level label="i"> <text>For any conversion of land acquired or developed under a State grant from Program Open Space as provided in paragraph (1) of this subsection, the appraised monetary value of the land proposed for acquisition shall be equal to or greater than the appraised monetary value of the land to be converted, under the proposed new use of the converted land.</text> </level> <level label="ii"> <text>The State shall consider these funds in excess of the encumbered Program Open Space funds to the local jurisdiction.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-907" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <text>No land may be acquired for any State park in excess of the number of acres approved by the General Assembly for the park. Approval of the General Assembly shall be required for any revision to the Maryland Land Preservation and Recreation Plan prior to the initiation of any action to obtain additional land for any State park.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-908" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>In this section, “Fund” means the Fair Hill Improvement Fund.</text> </level> <level label="b"> <level label="1"> <text>There is a Fair Hill Improvement Fund in the Department, to be used for the operation, maintenance, development, and improvement of the Fair Hill facilities at Fair Hill, Maryland.</text> </level> <level label="2"> <text>Money credited to the Fund under § 11–704 of the Business Regulation Article shall be used exclusively for the grounds and facilities within the special event area at Fair Hill.</text> </level> </level> <level label="c"> <text>Any money obtained by the Department from Fair Hill shall be credited to the Fund.</text> </level> <level label="d"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.</text> </level> <level label="3"> <text>Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="e"> <text>For fiscal year 2024, and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of at least $1,800,000 to the Fund to be used exclusively for the purposes specified under subsection (b)(2) of this section.</text> </level> <level label="f"> <text>Notwithstanding any other provision of this title, the Department may use the Fund to provide a grant or grants to a unit of State government, a local jurisdiction, a nonprofit entity, or an affiliated foundation established by the Maryland Stadium Authority under § 10–612 of the Economic Development Article, if:</text> <level label="1"> <text>The Department has entered into an agreement with the grant recipient for the ongoing operation, use, maintenance, development, or improvement of the grounds and facilities within the special event area at Fair Hill; and</text> </level> <level label="2"> <text>The grant funds are restricted to the purposes required to be included in the grant agreement under item (1) of this subsection and the grant recipient’s associated administrative costs.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-908.1" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>The Secretary:</text> <level label="1"> <text>May:</text> <level label="i"> <text>Execute leases of land, buildings, or facilities at Somers Cove Marina;</text> </level> <level label="ii"> <text>Procure and execute contracts for operations, maintenance, management, improvements, events, or concessions at Somers Cove Marina in accordance with Division II of the State Finance and Procurement Article;</text> </level> <level label="iii"> <text>Employ a marina manager who is responsible for the day–to–day operations of Somers Cove Marina;</text> </level> <level label="iv"> <text>Employ additional staff to operate and maintain Somers Cove Marina; and</text> </level> <level label="v"> <text>Assess slip and other fees and charges as necessary to operate, maintain, manage, and improve Somers Cove Marina; and</text> </level> </level> <level label="2"> <text>Shall:</text> <level label="i"> <text>If applicable, set the compensation for a manager and staff employed under item (1)(iii) and (iv) of this section;</text> </level> <level label="ii"> <text>On or before October 1, 2027, develop a master plan for the operations, maintenance, development, and improvement of Somers Cove Marina that improves services to the general boating public; and</text> </level> <level label="iii"> <text>On or before October 1, 2032, and October 1 every 5 years thereafter, update the master plan developed under item (ii) of this item.</text> </level> </level> </level> <level label="b"> <text>All revenue received by the Department from managing, operating, maintaining, improving, and developing Somers Cove Marina shall be deposited into the Natural Resources Property Maintenance Fund established under § 5–909 of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-908.2" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>In this section, “Commission” means the Somers Cove Marina Advisory Commission.</text> </level> <level label="b"> <level label="1"> <text>There is a Somers Cove Marina Advisory Commission in the Department.</text> </level> <level label="2"> <level label="i"> <text>The Commission shall consist of the following members:</text> <level label="1"> <text>One representative from Somerset County, appointed by the Board of County Commissioners of Somerset County;</text> </level> <level label="2"> <text>One representative from the City of Crisfield, appointed by the Mayor of Crisfield;</text> </level> <level label="3"> <text>The Secretary, or the Secretary’s designee;</text> </level> <level label="4"> <text>One representative from the commercial fishing industry;</text> </level> <level label="5"> <text>One representative from the economic development or tourism industry;</text> </level> <level label="6"> <text>One representative of sailboat owners, who may be a current slip holder at Somers Cove Marina; and</text> </level> <level label="7"> <text>One representative of power boat owners, who may be a current slip holder at Somers Cove Marina.</text> </level> </level> <level label="ii"> <text>The composition of the Commission shall constitute a diverse cross–section of stakeholders broadly representative of multiple interests including tourism, economic development, business communities, fishing, and boating.</text> </level> </level> <level label="3"> <text>From among its members, the Commission shall elect a chair and a vice chair.</text> </level> <level label="4"> <level label="i"> <text>The term of a member is 4 years.</text> </level> <level label="ii"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="iii"> <text>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.</text> </level> </level> <level label="5"> <text>The Commission shall meet at least biannually.</text> </level> </level> <level label="c"> <text>The Commission shall advise the Secretary on matters related to the management, operation, maintenance, and development of Somers Cove Marina.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-909" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <level label="a"> <text>In this section, “Fund” means the Natural Resources Property Maintenance Fund.</text> </level> <level label="b"> <text>There is a Natural Resources Property Maintenance Fund in the Department.</text> </level> <level label="c"> <text>The Department shall administer the Fund.</text> </level> <level label="d"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="e"> <text>The Fund consists of:</text> <level label="1"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="2"> <text>Revenue deposited into the Fund in accordance with § 5–908.1(b) of this subtitle;</text> </level> <level label="3"> <text>Interest earnings; and</text> </level> <level label="4"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="f"> <text>The Fund may be used only for:</text> <level label="1"> <text>Maintaining, repairing, and managing property owned by the Department;</text> </level> <level label="2"> <text>Managing, operating, maintaining, and developing Somers Cove Marina; and</text> </level> <level label="3"> <text>Administrative expenses calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </level> <level label="g"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="h"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-910" title_number="5" title_name="Forests and Parks" subtitle_number="9" subtitle_name="Program Open Space"> <text>The State may not acquire a tract of land in Allegany County of over 100 acres for preservation of open spaces unless the County Commissioners of Allegany County approve the purchase. This requirement does not apply to open space and outdoor recreation areas which have previously been authorized for acquisition by the legislature.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-01" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>The General Assembly declares that:</text> <level label="1"> <text>Sprawl development and other modifications to the landscape in Maryland continue at an alarming rate, consuming land rich in natural resource, agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, threatening resource–based economies and cultural assets, and rending the fabric of rural life;</text> </level> <level label="2"> <text>Current State, county, and local land conservation programs help to limit the effect of sprawl development but lack sufficient funding and focus to preserve key areas before escalating land values make their protection impossible or the land is lost to development; and</text> </level> <level label="3"> <text>A grant program that leverages available funding, focuses on preservation of strategic resources, including those resources threatened by sprawl development, streamlines real property acquisition procedures to expedite land preservation, takes advantage of innovative preservation techniques such as transferable development rights and the purchase of development rights, and promotes a greater level of natural and environmental resources protection than is provided by existing efforts, will establish a rural legacy for future generations.</text> </level> </level> <level label="b"> <level label="1"> <text>A Rural Legacy Program is established to enhance natural resource, agricultural, forestry, and environmental protection as provided in subsection (a) of this section while maintaining the viability of resource–based land usage and proper management of tillable and wooded areas through accepted agricultural and silvicultural practices for farm production and timber harvests.</text> </level> <level label="2"> <text>The Program provides funds to the local governments and land trusts to purchase interests in real property from willing sellers, including easements, transferable development rights, and fee estates, focused in designated Rural Legacy Areas.</text> </level> <level label="3"> <text>The Program shall encourage partnerships among the federal, State, and local governments, and nonprofit land trust organizations and encourage local land conservation initiatives.</text> </level> <level label="4"> <text>The Program is administered by a Rural Legacy Board in the Department of Natural Resources, an advisory committee, and existing State staff.</text> </level> </level> <level label="c"> <text>The Program is funded:</text> <level label="1"> <text>Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) of this title;</text> </level> <level label="2"> <text>By the proceeds from the sale of general obligation bonds as provided in § 5–9A–09 of this subtitle; and</text> </level> <level label="3"> <text>By money appropriated in the State budget to the Program.</text> </level> </level> <level label="d"> <text>For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $5,444,127 to the Program.</text> </level> <level label="e"> <text>When negotiating and awarding grants, the Board shall encourage sponsors to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to reduce the utilization of general obligation bonds in funding the grants.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-02" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Application” means an application to the Rural Legacy Board to designate a Rural Legacy Area.</text> </level> <level label="c"> <text>“Board” means the Rural Legacy Board.</text> </level> <level label="d"> <text>“BPW” means the Maryland State Board of Public Works.</text> </level> <level label="e"> <text>“Grant agreement” means an agreement between the Board and a sponsor to implement a Rural Legacy Plan in a designated Rural Legacy Area.</text> </level> <level label="f"> <text>“Land trust” means a qualified conservation organization that:</text> <level label="1"> <text>Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under § 170(h)(3); and</text> </level> <level label="2"> <text>Has executed a cooperative agreement with the Maryland Environmental Trust.</text> </level> </level> <level label="g"> <text>“Priority funding area” means an area designated as a priority funding area under § 5-7B-02 of the State Finance and Procurement Article.</text> </level> <level label="h"> <text>“Program” means the Rural Legacy Program established by this subtitle.</text> </level> <level label="i"> <text>“Rural Legacy Area” means a region within or outside a metropolitan area designated by the Board as rich in a multitude of agricultural, forestry, natural, and cultural resources.</text> </level> <level label="j"> <text>“Rural Legacy Plan” means a plan accepted by the Board for acquisition of easements and fee interests in Rural Legacy Areas.</text> </level> <level label="k"> <text>“Sponsor” means a local government, group of local governments, or a land trust.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-03" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>There is a Rural Legacy Board established in the Department of Natural Resources to administer the Rural Legacy Program.</text> </level> <level label="b"> <text>The Board consists of the following members:</text> <level label="1"> <text>The Secretary of Agriculture;</text> </level> <level label="2"> <text>The Secretary of Natural Resources; and</text> </level> <level label="3"> <text>The Secretary of the Department of Planning.</text> </level> </level> <level label="c"> <text>The Secretary of Natural Resources shall serve as Chairman of the Board.</text> </level> <level label="d"> <level label="1"> <text>The Department of Natural Resources shall provide staff to the Board.</text> </level> <level label="2"> <text>The Department of Agriculture and the Department of Planning may provide additional staff.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-04" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>The Board has and may exercise all powers necessary to carry out the purposes of this subtitle.</text> </level> <level label="b"> <level label="1"> <text>The Board may adopt regulations to implement the purposes of this subtitle, including procedures for expediting acquisitions and purchasing and selling transferable development rights and using the proceeds related to purchasing and selling transferable development rights in accordance with this subtitle and local law.</text> </level> <level label="2"> <text>The authority granted under this subsection may not be construed to permit adoption of a regulation applicable to land that is not subject to an easement under this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board shall establish a method for appraisal of real property interests acquired under this subtitle.</text> </level> <level label="2"> <text>Any method for appraisal established by the Board may not include a value for any resource used or reserved by the owner for private economic benefit.</text> </level> </level> <level label="d"> <text>The Board and sponsors may enter into agreements with other governmental agencies, including the Maryland Agricultural Land Preservation Foundation and the Maryland Environmental Trust, for the purpose of establishing partnerships to carry out this Program.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-05" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>A sponsor may file an application to designate a Rural Legacy Area in accordance with a schedule established by the Board. A local government may not apply for or approve an application for a Rural Legacy Area designation inside another jurisdiction’s boundaries without that jurisdiction’s approval.</text> </level> <level label="b"> <level label="1"> <text>The application shall describe the proposed Rural Legacy Area, include a Rural Legacy Area Plan, identify existing protected lands, state the anticipated level of initial landowner participation in the Program and the amount of the grant requested, and comply with the criteria set forth below.</text> </level> <level label="2"> <text>To qualify for additional funds appropriated above the level appropriated in fiscal year 2000 as provided for in § 12-1007(d) of the Public Safety Article, an application shall include a certification that the local jurisdiction has not adopted any local amendments to the Maryland Building Rehabilitation Code.</text> </level> </level> <level label="c"> <text>The Board shall evaluate and compare applications in accordance with the following criteria in order to select those that best carry forward the goals and objectives of the Program set forth in § 5-9A-01 of this subtitle:</text> <level label="1"> <text>The significance of the agricultural, forestry, and natural resources proposed for protection, including:</text> <level label="i"> <text>The degree to which proposed fee or easement purchases will protect the location, proximity, and size of contiguous blocks of lands, green belts or greenways, or agricultural, forestry, or natural resource corridors;</text> </level> <level label="ii"> <text>The nature, size, and importance of the land area to be protected, such as farmland, forests, wetlands, wildlife habitat and plant species, vegetative buffers, or bay or waterfront access; and</text> </level> <level label="iii"> <text>The quality and public or economic value of the land;</text> </level> </level> <level label="2"> <text>The degree of threat to the resources and character of the area proposed for preservation, as reflected by patterns and trends of development and landscape modifications in and surrounding the proposed Rural Legacy Area;</text> </level> <level label="3"> <text>The significance and extent of the cultural resources proposed for protection through fee simple purchases, including the importance of historic sites and significant archaeological areas;</text> </level> <level label="4"> <text>The economic value of the resource-based industries or services proposed for protection through land conservation, such as agriculture, forestry, recreation, and tourism;</text> </level> <level label="5"> <text>The overall quality and completeness of the Rural Legacy Plan, including:</text> <level label="i"> <text>The degree to which existing planning, zoning, and growth management policies contribute to land conservation and the protection of cultural resources;</text> </level> <level label="ii"> <text>The degree to which the proposed plan is consistent with the applicable local comprehensive plan, including protection of sensitive areas and mineral resources;</text> </level> <level label="iii"> <text>How well existing or new conservation programs are coordinated with the proposed acquisition plan;</text> </level> <level label="iv"> <text>How well the plan will maximize acquisition of real property interests in contiguous blocks of land within the Rural Legacy Area while providing for protection of isolated acquisitions important to the plan;</text> </level> <level label="v"> <text>Provisions for protection of resources, such as voluntarily granted or purchased easements, fee estate purchases, or gifts of lands;</text> </level> <level label="vi"> <text>How the sponsor plans to manage, prioritize, and sequence easement and land acquisitions;</text> </level> <level label="vii"> <text>Methodology for prioritizing and valuing or appraising easements;</text> </level> <level label="viii"> <text>Proposed titleholders for easement or fee estate acquisitions; and</text> </level> <level label="ix"> <text>The quality of the proposed stewardship program for holding and monitoring of easement restrictions in perpetuity;</text> </level> </level> <level label="6"> <text>The strength and quality of partnerships created for land conservation among federal, State, and local governments and land trusts for implementing the plan, including:</text> <level label="i"> <text>Financial support;</text> </level> <level label="ii"> <text>Dedication of staff and resources; and</text> </level> <level label="iii"> <text>Commitment to and development of local land conservation policies, such as changes in zoning and use of transferable development rights;</text> </level> </level> <level label="7"> <text>The extent to which federal or other grant programs will serve as a funding match; and</text> </level> <level label="8"> <text>A sponsor’s ability to carry out the proposed Rural Legacy Plan and the goals and objectives of the Program.</text> </level> </level> <level label="d"> <text>The Board:</text> <level label="1"> <text>Shall review applications and may request additional information from a sponsor;</text> </level> <level label="2"> <text>Shall submit applications to appropriate State agencies and to the advisory committee established by this subtitle and consider any recommendations made regarding the applications; and</text> </level> <level label="3"> <text>May negotiate the terms of an application and proposed Rural Legacy Area and plan with a sponsor.</text> </level> </level> <level label="e"> <level label="1"> <text>A sponsor shall assure adequate public participation in the development of an application and provide the Board with a summary of that participation.</text> </level> <level label="2"> <level label="i"> <text>If an application proposes a Rural Legacy Area be located within 1 mile of the boundary of a municipal corporation, the municipal corporation shall have 45 days to review and comment on the application before the application is submitted to the Board.</text> </level> <level label="ii"> <text>The sponsor shall submit to the Board with the completed application a summary of the comments from the municipal corporation.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>A land trust shall consult with a local government prior to filing an application.</text> </level> <level label="2"> <text>The Board may not approve or amend an application without local government approval.</text> </level> </level> <level label="g"> <text>The right of public access may not be required under a conservation easement.</text> </level> <level label="h"> <text>A land trust may not hold exclusive title to real property interests acquired under this subtitle.</text> </level> <level label="i"> <text>An easement acquired under this subtitle is perpetual and may not be extinguished or released.</text> </level> <level label="j"> <level label="1"> <text>With the approval of a landowner, funds under this Program may be used to purchase a development right as part of an easement or fee estate acquisition. A development right shall be held by the titleholder and the Board and may be sold only within the same jurisdiction pursuant to local law.</text> </level> <level label="2"> <text>In a county with a locally adopted transferable development rights program and with the approval of the county, funds under this Program may be used to purchase transferable development rights in the county in accordance with the locally adopted transferable development rights program.</text> </level> <level label="3"> <text>The right to resell the development right shall be stated in the instrument of purchase.</text> </level> <level label="4"> <text>The Rural Legacy Board shall maintain records concerning:</text> <level label="i"> <text>Real property from which transferable development rights are purchased; and</text> </level> <level label="ii"> <text>Real property to which rights are resold and transferred.</text> </level> </level> <level label="5"> <text>The county shall provide to the Board information relating to the records required in paragraph (4) of this subsection.</text> </level> <level label="6"> <text>Transferable development rights may be resold only to owners or option purchasers of real property located in priority funding areas, including municipalities, within the county in which the rights were purchased.</text> </level> <level label="7"> <level label="i"> <text>The proceeds associated with the resale of transferable development rights shall be distributed only as described in this paragraph.</text> </level> <level label="ii"> <text>Fifty percent of the proceeds shall be used by the local government in which the development using transferable development rights is located to fund capital projects in the county or municipal corporation which is receiving transferable development rights. Funds shall be distributed to the municipal corporation if the receiving area is within the corporate limits of a municipal corporation.</text> </level> <level label="iii"> <text>Fifty percent of the proceeds shall be returned to the Rural Legacy Program for use in the county in which the proceeds were generated.</text> </level> <level label="iv"> <text>Proceeds may not be used for operating expenses.</text> </level> </level> </level> <level label="k"> <text>All easement acquisitions must be recorded among the land records where the real property is located.</text> </level> <level label="l"> <text>State or local condemnation authority may not be used to acquire real property interests under this Program.</text> </level> <level label="m"> <text>Funds may be used for the protection of historic sites or significant archeological areas that otherwise meet the goals of this Program only if the sponsor is acquiring real property interests through a fee simple purchase.</text> </level> <level label="n"> <text>A land or mineral owner who participates in this Program may reserve mineral rights for extraction in accordance with applicable law and the terms of the easement or fee acquisition.</text> </level> <level label="o"> <text>In its determination under subsection (c) of this section, the Rural Legacy Board may not make its determination solely on the basis of whether a county has adopted a transferable development rights program authorizing Rural Legacy Board purchases and sales of transferable development rights.</text> </level> <level label="p"> <level label="1"> <text>In this subsection, “ecosystem services” includes:</text> <level label="i"> <text>Climate resilience;</text> </level> <level label="ii"> <text>Carbon sequestration;</text> </level> <level label="iii"> <text>The provision of wildlife habitat;</text> </level> <level label="iv"> <text>Contributions to forest health; and</text> </level> <level label="v"> <text>The protection or restoration of wetlands.</text> </level> </level> <level label="2"> <text>An easement acquired under this subtitle may allow for the potential of economic return from the protection, management, maintenance, or improvement of ecosystem services provided by the property, so long as the Department determines:</text> <level label="i"> <text>Those uses affirmatively increase the conservation attributes of the property beyond the requirements of the easement; and</text> </level> <level label="ii"> <text>Any credits created in accordance with this subsection are used only:</text> <level label="1"> <text>To mitigate offsite environmental damage in a priority funding area, as defined in § 5–7B–02 of the State Finance and Procurement Article; or</text> </level> <level label="2"> <text>In a manner the Department determines to be consistent with the applicable local comprehensive plan and State and local objectives for land protection.</text> </level> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-06" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>The Board may designate a Rural Legacy Area and accept a Rural Legacy Plan in accordance with the criteria set forth in this subtitle and the overall goals and objectives of the Program.</text> </level> <level label="b"> <level label="1"> <text>The Board may award a grant to a sponsor of a designated Rural Legacy Area in an amount determined by the Board and pursuant to the terms of a grant agreement.</text> </level> <level label="2"> <text>A portion of the grant may be used to pay for:</text> <level label="i"> <text>Administrative costs, not to exceed 3% of the grant amount; and</text> </level> <level label="ii"> <text>Program compliance costs for monitoring easements, as stated in the grant agreement.</text> </level> </level> <level label="3"> <text>The Board may establish time limitations on the use of grant funds.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board’s actions in subsections (a) and (b) of this section are subject to approval by the Board of Public Works.</text> </level> <level label="2"> <text>BPW approval encumbers the grant funds.</text> </level> </level> <level label="d"> <text>The Board shall encourage local governments to reflect rural legacy plans in their comprehensive land use plans as updated and revised.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-07" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <text>The Board and the sponsor of a designated Rural Legacy Area shall execute a grant agreement.</text> </level> <level label="b"> <text>The sponsor shall comply with the terms of the grant agreement, carry out the Rural Legacy Plan, and adhere to regulations adopted by the Board.</text> </level> <level label="c"> <text>If a sponsor violates any provision of the grant agreement or ceases to meet the requirements of this subtitle, the Board may exercise any remedy provided by the agreement or by law.</text> </level> <level label="d"> <level label="1"> <text>The sponsor shall submit to the Board for approval contracts for easement or fee estate acquisitions.</text> </level> <level label="2"> <text>The Board may accept a contract subject to approval by the Board of Public Works.</text> </level> </level> <level label="e"> <text>Upon BPW approval, the State shall pay the sponsor for the acquisition.</text> </level> <level label="f"> <text>The sponsor shall submit an annual report to the Rural Legacy Board.</text> </level> <level label="g"> <text>The Board shall report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly before November 1 of each year on:</text> <level label="1"> <text>The financial status of the Program for the preceding fiscal year, including the amount of grants encumbered and disbursed;</text> </level> <level label="2"> <text>The number of applications received;</text> </level> <level label="3"> <text>The number and location of Rural Legacy Areas designated; and</text> </level> <level label="4"> <text>The Program’s progress in contributing to land preservation efforts.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-08" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <level label="a"> <level label="1"> <text>There is an Advisory Committee to the Board in the Department of Natural Resources.</text> </level> <level label="2"> <text>The Committee is established to review applications for Rural Legacy Areas, make recommendations for Rural Legacy Area designations to the Board, and consider such other matters as requested by the Board.</text> </level> </level> <level label="b"> <text>The Committee has 11 members as follows:</text> <level label="1"> <text>A trustee of the Maryland Agricultural Land Preservation Foundation;</text> </level> <level label="2"> <text>A trustee of the Maryland Environmental Trust;</text> </level> <level label="3"> <text>A representative of the agriculture industry;</text> </level> <level label="4"> <text>A representative of a nonprofit land conservation organization;</text> </level> <level label="5"> <text>A representative of a nonprofit environmental organization;</text> </level> <level label="6"> <text>A representative of the forest industry;</text> </level> <level label="7"> <text>A representative of a county government department of parks and recreation;</text> </level> <level label="8"> <text>A representative of a business organization;</text> </level> <level label="9"> <text>A private land owner;</text> </level> <level label="10"> <text>A representative of the mineral resources industry; and</text> </level> <level label="11"> <text>A representative of a municipal corporation.</text> </level> </level> <level label="c"> <level label="1"> <text>Committee members are appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Committee on July 1, 1997.</text> </level> <level label="3"> <text>The Governor shall solicit nominees from industries and groups which are represented on the Committee.</text> </level> <level label="4"> <text>The members shall represent geographically and ethnically diverse areas.</text> </level> </level> <level label="d"> <level label="1"> <text>The term of membership is 3 years.</text> </level> <level label="2"> <text>A person may not serve more than two consecutive terms.</text> </level> </level> <level label="e"> <text>The Governor shall designate the chairperson of the Committee.</text> </level> <level label="f"> <text>The Department of Natural Resources, in cooperation with the Department of Agriculture and the Department of Planning, shall provide staff support for the Committee.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9A-09" title_number="5" title_name="Forests and Parks" subtitle_number="9A" subtitle_name="Rural Legacy Program"> <text>The Governor shall include in the annual capital budget an amount not less than $5 million for this Program.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-01" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Application” means an application by a local government to the Board of Public Works to fund the purchase of an interest in real property under a local land preservation program.</text> </level> <level label="c"> <text>“Program” means a local land preservation program established in accordance with this subtitle.</text> </level> <level label="d"> <text>“Sponsor” means a local government.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-02" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>The General Assembly declares that:</text> <level label="1"> <text>It is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses;</text> </level> <level label="2"> <text>It is also the policy of the State to preserve valuable open space in its natural, agricultural, or forestry use, which will not only help contain sprawl development but will also improve the water quality of the Chesapeake Bay and its tributaries by limiting point and nonpoint sources of pollution and help meet a goal of the Chesapeake Bay agreement permanently to protect 20% of the Chesapeake Bay watershed by 2010;</text> </level> <level label="3"> <text>The promotion of water quality in this State is closely related to the promotion of land preservation, requiring integration and coordination of the planning for the development and use of the water and associated land resources and inviting innovative solutions for protection of watersheds, including acquisition of land and easements for water quality protection and preservation of natural resources; and</text> </level> <level label="4"> <text>New funding sources designed to improve water quality and land preservation should be made available in the form of matching grants to local governments so as to leverage and fully utilize all available money and create incentives that will encourage local governments to develop their own funding for water quality protection and land conservation and preservation projects.</text> </level> </level> <level label="b"> <level label="1"> <text>A county or municipal corporation may adopt a local land preservation program to enhance natural resource, agricultural, forestry, and environmental protection and park and recreational uses as provided in subsection (a) of this section while maintaining the viability of resource–based land usage and proper management of tillable and wooded areas through accepted agricultural and silvicultural practices for farm production and timber harvests.</text> </level> <level label="2"> <text>A program shall provide funds to the local government units to purchase interests in real property from willing sellers, including easements, transferable development rights, and fee estates.</text> </level> <level label="3"> <text>A program shall encourage partnerships among the federal, State, and local governments, and nonprofit land trust organizations and encourage local land conservation initiatives.</text> </level> <level label="4"> <text>Each program shall be administered in accordance with local law adopted under the authority of this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>A program shall be funded by a continuing, dedicated, and clearly identified local or private funding source, not derived from State funds, that is adopted in accordance with State or local law. Funding under the program may not be used by the local government to supplant existing or planned local funds dedicated to land preservation.</text> </level> <level label="2"> <text>Subject to availability of funds under § 5–9B–05 of this subtitle, a program shall also be eligible for State funding each year that equally matches locally provided funding.</text> </level> <level label="3"> <text>Commencement of State funding under paragraph (2) of this subsection is also subject to the attainment of a specified number of counties participating and a specified population of participating counties.</text> </level> </level> <level label="d"> <text>The local governing body may adopt regulations to implement a local land preservation program under this subtitle, including procedures for expediting acquisitions and purchasing and selling transferable development rights and using the proceeds related to purchasing and selling transferable development rights in accordance with local law.</text> </level> <level label="e"> <level label="1"> <text>The local governing body shall establish a method acceptable to the Department for appraising the value of conservation easements acquired under this subtitle. The local governing body shall use the method used by the county under Program Open Space for appraising fee simple interests in property acquired under this subtitle.</text> </level> <level label="2"> <text>Any method for appraisal established by a local governing body may not include a value for any resource used or reserved by the owner for private economic benefit.</text> </level> </level> <level label="f"> <text>A local governing body may enter into agreements with other governmental units, including the Rural Legacy Board, the Maryland Agricultural Land Preservation Foundation, and the Maryland Environmental Trust, for the purpose of establishing partnerships to carry out a local land preservation program.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-03" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>The sponsor shall submit applications to appropriate State and local units and consider any recommendations made regarding the applications.</text> </level> <level label="b"> <text>An easement acquired under this subtitle is perpetual and may not be extinguished or released.</text> </level> <level label="c"> <level label="1"> <text>In a county with a locally adopted transferable development rights program and with the approval of the county, funds under a program may be used to purchase transferable development rights in the county in accordance with the locally adopted transferable development rights program.</text> </level> <level label="2"> <text>The right to resell the development right, if any, shall be stated in the instrument of purchase.</text> </level> <level label="3"> <text>Transferable development rights may be resold only to owners or option purchasers of real property located in priority funding areas, including municipal corporations, within the county in which the rights were purchased.</text> </level> </level> <level label="d"> <text>All easement acquisitions must be recorded among the land records where the real property is located.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-04" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>A sponsor that applies for funding to implement a local land preservation program under this subtitle shall:</text> <level label="1"> <text>Develop a plan to guide the conservation of property in the jurisdiction under the program;</text> </level> <level label="2"> <text>Ensure that each application is consistent with the approved local land preservation and recreation plan for the county, to guide the acquisition of property interests listed in the application; and</text> </level> <level label="3"> <text>Submit the application, description of properties and easements to be acquired, together with a description of consistency with the plan and any conditions placed on the conveyance of the property, to the Department of Natural Resources for review.</text> </level> </level> <level label="b"> <text>A sponsor may satisfy the requirements of subsection (a)(1) of this section with materials developed under or in conjunction with:</text> <level label="1"> <text>The comprehensive plan for the jurisdiction reviewed and revised under § 1–416 or § 3–303 of the Land Use Article;</text> </level> <level label="2"> <text>The local land preservation and recreation plan under § 5–905 of this title;</text> </level> <level label="3"> <text>An approved local agricultural land preservation program under § 2–512 of the Agriculture Article, for the Maryland Agricultural Land Preservation Program;</text> </level> <level label="4"> <text>An approved annual program submitted by the sponsor under Program Open Space;</text> </level> <level label="5"> <text>An approved rural legacy area and grant agreement under the Rural Legacy Program under Subtitle 9A of this title;</text> </level> <level label="6"> <text>The GreenPrint Program under Subtitle 15A of this title; or</text> </level> <level label="7"> <text>Another acquisition plan prepared by, jointly funded, or accepted by the Department for the protection of local or State land preservation or recreational goals.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-05" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>A sponsor may submit funding requests for acquisition of property under its local land preservation program to the Department of Natural Resources for evaluation and submission to the Board of Public Works under this section.</text> </level> <level label="b"> <text>The Department shall:</text> <level label="1"> <text>Review local programs and applications for funding submitted by sponsors for consistency with the local plans under § 5–9B–04(a) of this subtitle;</text> </level> <level label="2"> <text>Submit applications reviewed under item (1) of this subsection to the Board of Public Works for funding, along with the Department’s recommendation on the application; and</text> </level> <level label="3"> <text>Coordinate applications received with available remaining funding.</text> </level> </level> <level label="c"> <level label="1"> <text>Applications for funding under this section in a fiscal year shall be received at a date determined by the Department and reviewed using criteria established by the Department under § 5–9B–06(a)(2) of this subtitle.</text> </level> <level label="2"> <text>Applications recommended for approval by the Department shall be forwarded to the Board of Public Works with a favorable recommendation in accordance with the criteria.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9B-06" title_number="5" title_name="Forests and Parks" subtitle_number="9B" subtitle_name="Local Land Preservation Programs"> <level label="a"> <text>The Department of Natural Resources shall:</text> <level label="1"> <text>Provide technical support and assistance to local governments in the development of local land preservation programs, including mapping, and identification of smaller parcels that may be aggregated for protection under local land preservation programs;</text> </level> <level label="2"> <text>Adopt criteria for distributing available State funding to local land preservation programs in accordance with the purposes of this subtitle;</text> </level> <level label="3"> <text>Assist sponsors to coordinate land preservation efforts in their regions under local land preservation and recreation plans with related efforts under Program Open Space, the Rural Legacy Program, the Heritage Area Program, the Agricultural Land Preservation Program, and the GreenPrint Program; and</text> </level> <level label="4"> <text>Consult with other federal, State, and local units and private land trusts in order to facilitate conservation efforts under this subtitle.</text> </level> </level> <level label="b"> <text>The purposes of the criteria adopted under subsection (a) of this section include:</text> <level label="1"> <text>Preservation of open space;</text> </level> <level label="2"> <text>Containment of sprawl development; and</text> </level> <level label="3"> <text>Improvement of water quality in the Chesapeake Bay and other watersheds of the State.</text> </level> </level> <level label="c"> <text>The criteria shall be based on:</text> <level label="1"> <text>The current population of participating jurisdictions and adjacent areas;</text> </level> <level label="2"> <text>Projected population growth in those areas;</text> </level> <level label="3"> <text>The sensitivity of surface and ground waters in and derived from those areas to degradation from point and nonpoint source pollution; and</text> </level> <level label="4"> <text>Giving higher priority to applications for the protection of lands and land uses that provide the highest level of protection for water quality.</text> </level> </level> <level label="d"> <text>The criteria shall be used at the start of each fiscal year to allocate funding available to local programs in participating local governments in order to provide for appropriate and timely deliberation and review of eligible proposals for acquisition by each participating local government.</text> </level> <level label="e"> <text>The Department may initially establish allocations of available funding based on the funding that is made available to each participating local government under Program Open Space in the same proportion that the local government receives Program Open Space funding in relation to the Program Open Space allocations of all participating local governments.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9C-01" title_number="5" title_name="Forests and Parks" subtitle_number="9C" subtitle_name="Community Parks and Playgrounds Program"> <text>In this subtitle, “Program” means the Community Parks and Playgrounds Program.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-9C-02" title_number="5" title_name="Forests and Parks" subtitle_number="9C" subtitle_name="Community Parks and Playgrounds Program"> <level label="a"> <text>The General Assembly declares that:</text> <level label="1"> <text>It is State public policy to both restore existing park and green space systems and create new park and green space systems in the municipal corporations of the State and Baltimore City; and</text> </level> <level label="2"> <text>Funding sources in the form of flexible grants shall be made available to the governing bodies of municipal corporations and Baltimore City to:</text> <level label="i"> <text>Rehabilitate, expand, improve, or maintain existing parks;</text> </level> <level label="ii"> <text>Purchase land to create new parks;</text> </level> <level label="iii"> <text>Develop new parks;</text> </level> <level label="iv"> <text>Purchase and install playground equipment in urban neighborhoods and rural areas throughout the State; or</text> </level> <level label="v"> <text>Be used for environmentally oriented parks and recreation projects.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>There is a Community Parks and Playgrounds Program to provide flexible grants to the governing bodies of municipal corporations and Baltimore City for the purposes set forth in subsection (a) of this section.</text> </level> <level label="2"> <text>The Department’s Program Open Space shall administer the Program.</text> </level> </level> <level label="c"> <text>The Secretary shall adopt regulations to carry out this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9C-03" title_number="5" title_name="Forests and Parks" subtitle_number="9C" subtitle_name="Community Parks and Playgrounds Program"> <text>The Program may be funded:</text> <level label="1"> <text>From the General Fund of the State; and</text> </level> <level label="2"> <text>By the proceeds from the sale of State general obligation bonds.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9D-01" title_number="5" title_name="Forests and Parks" subtitle_number="9D" subtitle_name="Greenspace Equity Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the Greenspace Equity Advisory Board.</text> </level> <level label="c"> <level label="1"> <text>“Community greenspace” means a community space that enhances the public health and livability of an overburdened community or an underserved community.</text> </level> <level label="2"> <text>“Community greenspace” includes:</text> <level label="i"> <text>A community garden;</text> </level> <level label="ii"> <text>A community gathering open space area;</text> </level> <level label="iii"> <text>A community woodland;</text> </level> <level label="iv"> <text>A green network;</text> </level> <level label="v"> <text>A park;</text> </level> <level label="vi"> <text>A trail; and</text> </level> <level label="vii"> <text>An urban farm.</text> </level> </level> </level> <level label="d"> <text>“Eligible applicant” means:</text> <level label="1"> <text>A land trust or nongovernmental organization located or working in an overburdened community or an underserved community where a project is proposed to be implemented; or</text> </level> <level label="2"> <text>A county or municipality.</text> </level> </level> <level label="e"> <text>“Green network” means a system of greenspaces that are interconnected by linear corridors that facilitate the movement of people and wildlife.</text> </level> <level label="f"> <text>“Land acquisition” means:</text> <level label="1"> <text>The fee simple acquisition of real property; or</text> </level> <level label="2"> <text>The acquisition of a perpetual conservation easement.</text> </level> </level> <level label="g"> <text>“Land trust” means an organization that:</text> <level label="1"> <text>Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and any regulations adopted under that section;</text> </level> <level label="2"> <text>Has executed a cooperative agreement with the Maryland Environmental Trust; or</text> </level> <level label="3"> <text>Is an affordable housing land trust as defined in § 14–501 of the Real Property Article.</text> </level> </level> <level label="h"> <text>“Overburdened community” has the meaning stated in § 1–701 of the Environment Article.</text> </level> <level label="i"> <text>“Program” means the Greenspace Equity Program.</text> </level> <level label="j"> <level label="1"> <text>“Stewardship” means activities undertaken on a project to:</text> <level label="i"> <text>Develop a property for public use; and</text> </level> <level label="ii"> <text>Improve the conservation value of the property.</text> </level> </level> <level label="2"> <text>“Stewardship” does not include the operating expenses of a recipient of a grant under the Program.</text> </level> </level> <level label="k"> <text>“Underserved community” has the meaning stated in § 1–701 of the Environment Article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9D-02" title_number="5" title_name="Forests and Parks" subtitle_number="9D" subtitle_name="Greenspace Equity Program"> <level label="a"> <text>There is a Greenspace Equity Program in the Department.</text> </level> <level label="b"> <text>The purpose of the Program is to enhance the public health and livability of overburdened communities and underserved communities by implementing projects to preserve, create, and enhance community greenspace.</text> </level> <level label="c"> <level label="1"> <text>The Program is administered by the Department.</text> </level> <level label="2"> <text>In administering the Program, the Department shall:</text> <level label="i"> <text>Develop a grant application for the Program;</text> </level> <level label="ii"> <text>Publicize the Program;</text> </level> <level label="iii"> <text>Provide technical assistance to Program applicants;</text> </level> <level label="iv"> <text>Award grants to eligible applicants; and</text> </level> <level label="v"> <text>Consult with the Board.</text> </level> </level> <level label="3"> <text>The Department may adopt regulations to carry out this subtitle.</text> </level> </level> <level label="d"> <text>A grant application submitted to the Department for the Program shall include evidence of support from the local government and the overburdened community or underserved community in which the project will be located.</text> </level> <level label="e"> <level label="1"> <level label="i"> <text>Beginning in fiscal year 2025, the Department shall make grants to eligible applicants for community greenspace projects located:</text> <level label="1"> <text>In an overburdened community;</text> </level> <level label="2"> <text>In an underserved community; or</text> </level> <level label="3"> <text>On a property:</text> </level> <level label="A"> <text>For which an eligible applicant holds a conservation easement or owns the property in fee simple; and</text> </level> <level label="B"> <text>That is located in a census tract that is adjacent to an overburdened community or an underserved community.</text> </level> </level> <level label="ii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, at least 50% of the grants awarded each fiscal year shall be awarded to projects that include land acquisition by land trusts, counties, or municipalities.</text> </level> <level label="2"> <text>If the total amount of funds requested for land acquisition by Program applicants is less than 50% of the grant funds available for a given fiscal year, the remaining grant funds may be awarded to projects that do not include land acquisition.</text> </level> </level> </level> <level label="2"> <text>Grants for land acquisition under the Program may only be awarded to land trusts, counties, and municipalities.</text> </level> <level label="3"> <text>A grant received under this subsection may be used for:</text> <level label="i"> <text>Land acquisition, appraisals, environmental assessments, site clearance or development, and other due diligence expenses related to implementing a project;</text> </level> <level label="ii"> <text>Administrative and Program costs in accordance with paragraph (4) of this subsection; or</text> </level> <level label="iii"> <text>Stewardship projects that:</text> <level label="1"> <text>Previously received a grant under the Program; or</text> </level> <level label="2"> <text>Would qualify for a grant under the Program but existed before July 1, 2025.</text> </level> </level> </level> <level label="4"> <text>A portion of the grant may be used to pay for:</text> <level label="i"> <text>If the project involves land acquisition or only project stewardship, administrative costs not to exceed 3% of the grant amount; and</text> </level> <level label="ii"> <text>If the project involves land acquisition, Program compliance costs for monitoring easements if applicable.</text> </level> </level> <level label="5"> <text>In awarding grants under this subsection, the Department shall consider:</text> <level label="i"> <text>The extent to which the project engages and is supported by residents, organizations, and businesses located in the overburdened community or underserved community:</text> <level label="1"> <text>In which the project will be located; or</text> </level> <level label="2"> <text>That is served by the project;</text> </level> </level> <level label="ii"> <text>The amount of financial or in–kind contributions for implementation of the project, if any;</text> </level> <level label="iii"> <text>The degree to which the project:</text> <level label="1"> <text>Demonstrates partnerships and collaboration among local governments, land trusts, nongovernmental organizations, and community organizations; and</text> </level> <level label="2"> <text>Enhances the public health, livability, and greenspace in the overburdened community or underserved community:</text> </level> <level label="A"> <text>In which the project will be located; or</text> </level> <level label="B"> <text>That is served by the project; and</text> </level> </level> <level label="iv"> <text>The geographic diversity of the State.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9D-03" title_number="5" title_name="Forests and Parks" subtitle_number="9D" subtitle_name="Greenspace Equity Program"> <level label="a"> <text>The Department shall submit to the Maryland State Clearinghouse for Intergovernmental Assistance for review and comment all grant applications that will be recommended to the Board of Public Works for an award under the Program.</text> </level> <level label="b"> <text>Each grant application submitted to the Maryland State Clearinghouse for Intergovernmental Assistance is subject to approval by the Board of Public Works.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9D-04" title_number="5" title_name="Forests and Parks" subtitle_number="9D" subtitle_name="Greenspace Equity Program"> <level label="a"> <level label="1"> <text>Subject to paragraph (2) of this subsection, land acquired by a grant awarded under the Program may not be converted from outdoor public recreation or open space to any other use without the prior written approval of:</text> <level label="i"> <text>The Secretary;</text> </level> <level label="ii"> <text>The Secretary of Budget and Management; and</text> </level> <level label="iii"> <text>The Secretary of Planning.</text> </level> </level> <level label="2"> <text>A conversion of land under paragraph (1) of this subsection may be approved only after the grant recipient replaces the land being converted with land that has:</text> <level label="i"> <text>An area that is at least equivalent in size with the land being converted;</text> </level> <level label="ii"> <text>A recreation or open space value equivalent with that of the land being converted; and</text> </level> <level label="iii"> <text>An appraised value equivalent to or greater than that of the land being converted.</text> </level> </level> </level> <level label="b"> <text>Land developed or improved by a grant awarded under the Program must be operated and maintained for public use by the grant recipient for at least 15 years from the project completion date.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-9D-05" title_number="5" title_name="Forests and Parks" subtitle_number="9D" subtitle_name="Greenspace Equity Program"> <level label="a"> <text>There is a Greenspace Equity Advisory Board in the Department.</text> </level> <level label="b"> <text>The purpose of the Board is to serve as a consultant to the Department in the implementation and administration of the Program.</text> </level> <level label="c"> <text>The Board consists of the following members:</text> <level label="1"> <text>One member of the Senate of Maryland, appointed by the President of the Senate;</text> </level> <level label="2"> <text>One member of the House of Delegates, appointed by the Speaker of the House; and</text> </level> <level label="3"> <text>The following members, appointed by the Governor:</text> <level label="i"> <text>One representative of a county department of parks and recreation;</text> </level> <level label="ii"> <text>One representative of a municipal department of parks and recreation;</text> </level> <level label="iii"> <text>One representative of the Maryland Environmental Trust;</text> </level> <level label="iv"> <text>One representative of a land trust working in an overburdened community or an underserved community; and</text> </level> <level label="v"> <text>Five representatives who:</text> <level label="1"> <text>Are residents of an overburdened community or an underserved community; and</text> </level> <level label="2"> <text>Reflect the diversity of the State.</text> </level> </level> </level> </level> <level label="d"> <text>The Board members specified in subsection (c)(3) of this section:</text> <level label="1"> <text>Shall serve a term of 4 years; and</text> </level> <level label="2"> <text>May not serve more than two 4–year terms.</text> </level> </level> <level label="e"> <text>The Governor shall designate the chair of the Board.</text> </level> <level label="f"> <text>The Department shall provide staff for the Board.</text> </level> <level label="g"> <text>The Department shall consult with the Board in the implementation and administration of the Program, including:</text> <level label="1"> <text>Developing a grant application;</text> </level> <level label="2"> <text>Establishing opportunities for members of the Board to use their respective networks and publications to publicize and educate the public about the Program; and</text> </level> <level label="3"> <text>The review of and comment on grant applications and comments received under § 5–9D–03 of this subtitle.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1001" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>The Department having acquired the land, rights-of-way, and easements for the purpose of protecting and maintaining a walking trail across the State, now generally known as the Appalachian Trail, may provide shelters and other facilities on it. Any unit of the State, or any political subdivision, may transfer to the Department land or rights in land for these purposes, on terms and conditions agreed upon, or enter into an agreement with the Department providing for establishment and protection of the trail. The Department may enter into cooperative agreements with agencies of the federal government or private organizations to provide for the maintenance of the trail.</text> </level> <level label="b"> <text>The trail shall be held, developed, and administered primarily as a footpath and its natural scenic beauty preserved as far as feasible. However, the Department may permit other uses of the trail and associated land acquired by the State, by the owner of adjoining land, or others, in a manner and at seasons as will not substantially interfere with primary use of the trail.</text> </level> <level label="c"> <text>This section does not limit the right of the public to pass over any existing public road which is a part of the trail, nor prevent the Department from performing work necessary for forest fire prevention and control, pest and disease control, and removal of damage caused by natural disaster. The Department may grant temporary or permanent rights-of-way across lands acquired under this section under terms and conditions deemed advisable. No person who has granted a right-of-way for the trail across his land, or his successor in title, is liable to any user of the trail for injuries suffered on that portion of the trail unless the injuries were caused by the willful or wanton misconduct of the person, or his successor in title, who has been granted a right-of-way.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1002" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <text>Gathland State Park, in Frederick and Washington counties, shall be developed by the State for purposes of public education and recreation, as funds are available.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1003" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <text>The lands between the mud flats at Brooklyn and the Liberty Reservoir on either side of the Patapsco River, in Anne Arundel, Carroll, Howard, and Baltimore counties, within a distance of 1 mile on either side from the medial line of the river, or either of its branches, having been purchased by the State, shall be held by the State as a State park under the protection and administration of the Department which shall exercise the same power of making rules and regulations and managing the land as any other State park. The territory acquired is subject to all the general laws passed by the legislature not inconsistent with this section.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1004" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <level label="1"> <text>The lands between Viers Mill Road and Georgia Avenue described in the 1980 Highway Needs Inventory as the right-of-way reserved for the Rockville facility in Montgomery County, being owned by the State, shall be:</text> <level label="i"> <text>Designated as the Matthew Henson State Park; and</text> </level> <level label="ii"> <text>Held by the State as a State park under the protection and administration of the Department.</text> </level> </level> <level label="2"> <text>Matthew Henson State Park shall also include:</text> <level label="i"> <text>The land identified in the Aspen Hill Master Plan as Significant Parcel 13, with the exception of any land that was the subject of a lease between any person and an agency of the State government on or before June 5, 2002; and</text> </level> <level label="ii"> <text>The State-owned land bordering on the northeast portion of Significant Parcel 13 in the Aspen Hill Master Plan.</text> </level> </level> <level label="3"> <text>Except as provided in subsection (c) of this section, the Department shall exercise the same power of adopting regulations and managing Matthew Henson State Park as is done for any other State park.</text> </level> </level> <level label="b"> <level label="1"> <text>Any land acquired under subsection (a) of this section is subject to all of the public general laws enacted by the General Assembly that are not inconsistent with this section. However, the provisions of this section prevail over any other State law enacted before July 1, 1989.</text> </level> <level label="2"> <text>If specifically authorized by an act of the General Assembly, a part of the Matthew Henson State Park may be used for transportation purposes.</text> </level> </level> <level label="c"> <level label="1"> <text>Subject to the availability of local, State, or federal funds, including any necessary matching funds, and subject to the provisions of paragraph (2) of this subsection:</text> <level label="i"> <text>A hiker/biker or other recreational trail may be constructed within Matthew Henson State Park; and</text> </level> <level label="ii"> <text>A public pavilion, named in honor of Senator Idamae Garrott, may be constructed within Matthew Henson State Park.</text> </level> </level> <level label="2"> <text>Prior to the construction of a hiker/biker or other recreational trail or pavilion in Matthew Henson State Park, the Department of Natural Resources or other appropriate governmental agency shall:</text> <level label="i"> <text>Review all studies concerning the environmental impact and trail alignment options prepared for the Montgomery County Planning Board;</text> </level> <level label="ii"> <text>Determine that construction, including the location and method of construction, is consistent with the environmentally sensitive nature of the Park and is in the public interest; and</text> </level> <level label="iii"> <text>Obtain the approval of the Montgomery County Planning Board, the Montgomery County Council, and the County Executive.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1005" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>The 1,310 acres of land in Baltimore County delineated on maps filed in the office of the Secretary as Black Marsh, being owned by the State shall be:</text> <level label="1"> <text>Designated as the North Point State Park; and</text> </level> <level label="2"> <text>Held by the State as a State park under the protection and administration of the Department.</text> </level> </level> <level label="b"> <text>Any use that may occur in the North Point State Park shall be subject to all applicable laws, including the applicable sections of the Critical Areas Law under Title 8, Subtitle 18 of this article.</text> </level> <level label="c"> <text>If the Department uses pest management controls in the North Point State Park, it shall give priority consideration to the use of natural controls as an alternative to other pest management controls.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1006" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <text>The tract of land in Washington County on which is situated Old Fort Frederick, together with other additional land adjacent thereto which has been acquired by the State is under the control of the Department, and shall be used in the execution of those plans adopted by it for reforestation of the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1007" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <text>The Department may accept the use of land to be used for auxiliary State forest reserves and enter into agreements with the owners as necessary. The land is subject to all laws, rules, and regulations governing State forest reserves. However, no money appropriated to the Department may be used or expended on auxiliary State forests for permanent improvements or for any purpose other than supervision, opening of trails, the building of temporary structures to make the land available for campers and visitors, and protection of the land from fire and trespass.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1008" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <text>Notwithstanding any law or regulation to the contrary, youth groups registered with the Secretary shall be admitted to any Maryland State park free of any admission or overnight camping charge. This exemption shall apply only when the group is participating in official activities under adult supervision. For the purpose of this section, “youth group” includes, but is not limited to, boy scouts, girl scouts, 4-H members, and other affiliated groups. The Secretary may restrict admittance under this section when a given park is being used to capacity by the public.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1009" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>A person 62 years old or older who possesses a Maryland Golden Age Pass issued by the Maryland Park Service:</text> <level label="1"> <text>Is entitled to free day–use entry to any State park that charges service fees;</text> </level> <level label="2"> <text>May camp overnight in any State park at one–half of the established fee Sunday through Thursday, excluding holidays; and</text> </level> <level label="3"> <text>May launch a boat at any State park without paying a boat launch fee.</text> </level> </level> <level label="b"> <text>If a per–vehicle fee is in effect at a State park, the free day–use entry under subsection (a)(1) of this section applies to everyone in the vehicle with the holder of a Maryland Golden Age Pass.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1010" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>The General Assembly finds that:</text> <level label="1"> <text>In order to provide the public with access to the use, enjoyment, and appreciation of the outdoor areas of Maryland, it is declared to be the public policy of this State to provide the means and procedures for establishing and expanding a network of recreational and scenic trails;</text> </level> <level label="2"> <text>Abandoned railroad corridor property is a unique source of land corridors that are, in many cases, suitable for recreational trails;</text> </level> <level label="3"> <text>Railroad corridor property is being abandoned at a high rate and is often sold in segments, thereby fragmenting the original corridors and leaving unconnected segments which may be suitable for acquisition for recreational trail use;</text> </level> <level label="4"> <text>The preservation of abandoned rail corridor property for use as recreational trails is in the public interest; and</text> </level> <level label="5"> <text>A systematic and continuing statewide program of acquiring abandoned railroad corridor property is needed to preserve this unique and irreplaceable source of recreational trails.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall maintain liaison with, provide factual data to, and work with the Department of Transportation, the State Railroad Administration, the Department of Planning, other agencies, and local governments to determine the suitability for trail purposes of railroad corridor property proposed for abandonment.</text> </level> <level label="2"> <text>The Department may conduct feasibility studies and appraisals of railroad corridor property proposed for abandonment.</text> </level> <level label="3"> <text>The Department may acquire railroad corridors pursuant to the National Trails Systems Act, 16 U.S.C. § 1241 et seq., as amended.</text> </level> </level> <level label="c"> <level label="1"> <text>If, under the provisions of § 7-901 of the Transportation Article, the Department of Transportation acquires railroad corridor property considered suitable for use as recreational trails, the Department may request interim use of the property for public recreational use.</text> </level> <level label="2"> <text>The Department may lease a corridor from the Department of Transportation and sublease it to a local government subject to all the terms and conditions of the original lease.</text> </level> <level label="3"> <text>Any lease of railroad corridor property by the Department for interim use for public recreation shall be subject to restoration or reconstruction for railroad purposes, and the interim use may not be considered as an abandonment of the use of the railroad corridor for railroad purposes.</text> </level> <level label="4"> <text>Prior to undertaking the development of a railroad corridor property for recreational use the Department shall conduct a public hearing in the affected county. The hearing shall be advertised in a newspaper of general circulation in the affected county for 3 consecutive weeks.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1011" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>In this section, “Fund” means the Off–Highway Recreational Vehicle Trail Fund.</text> </level> <level label="b"> <text>There is an Off–Highway Recreational Vehicle Trail Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to maintain and construct trails for off–highway recreational vehicles.</text> </level> <level label="d"> <text>The Secretary shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Revenue distributed to the Fund under § 13–814(b) of the Transportation Article;</text> </level> <level label="2"> <text>Money appropriated in the State budget for the Fund; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only to:</text> <level label="1"> <text>Maintain trails for off–highway recreational vehicles on State park land that was purchased or leased by the Department before January 1, 2017;</text> </level> <level label="2"> <text>Maintain and construct trails for off–highway recreational vehicles on State park land that is purchased or leased by the Department on or after January 1, 2017; and</text> </level> <level label="3"> <text>Maintain and construct trails for off–highway recreational vehicles on any land that is not State park land that is purchased or leased by the Department.</text> </level> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Money expended from the Fund for maintaining and constructing trails for off–highway recreational vehicles is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for maintaining and constructing trails for off–highway recreational vehicles.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1011.1" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Board” means the Off–Highway Recreational Vehicle Recreation Oversight Board.</text> </level> <level label="3"> <text>“Fund” means the Off–Highway Recreational Vehicle Trail Fund established under § 5–1011 of this subtitle.</text> </level> </level> <level label="b"> <text>There is an Off–Highway Recreational Vehicle Recreation Oversight Board.</text> </level> <level label="c"> <level label="1"> <text>The Board consists of the following members, appointed by the Governor:</text> <level label="i"> <text>One representative of the Maryland Off–Highway Vehicle Alliance;</text> </level> <level label="ii"> <text>One representative of the Maryland Motorcycle Dealers Association;</text> </level> <level label="iii"> <text>One representative of the American Motorcyclist Association District 7;</text> </level> <level label="iv"> <text>One individual representing all–terrain vehicle, utility terrain vehicle, or side–by–side vehicle drivers; and</text> </level> <level label="v"> <text>One individual representing on– and off–road motor vehicle drivers.</text> </level> </level> <level label="2"> <text>Each member shall be a resident of the State.</text> </level> </level> <level label="d"> <text>From among its members, the Board shall elect a chair each year.</text> </level> <level label="e"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2026.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>If a vacancy occurs among the members, the Governor shall promptly appoint a successor who shall serve until the term expires.</text> </level> </level> <level label="f"> <level label="1"> <text>The Department shall provide staff for the Board.</text> </level> <level label="2"> <text>Additional support for the Board shall be provided by:</text> <level label="i"> <text>The Secretary, or the Secretary’s designee;</text> </level> <level label="ii"> <text>The Maryland Park Service;</text> </level> <level label="iii"> <text>The Forest Service;</text> </level> <level label="iv"> <text>The Wildlife and Heritage Service; and</text> </level> <level label="v"> <text>One representative of each county in which an off–highway recreational vehicle trail maintained by the Department is located, designated by the Department.</text> </level> </level> </level> <level label="g"> <text>The Board shall meet at least quarterly.</text> </level> <level label="h"> <text>The Board shall advise the Secretary on the operation, acquisition, regulation, and general oversight of off–highway recreational vehicle trails and recreation in the State.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1012" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>In this section, “partnership park” means a unit of the State park system managed by the Department in partnership with a local government, a bicounty agency, or a nonprofit organization.</text> </level> <level label="b"> <text>The Department may enter into:</text> <level label="1"> <text>A memorandum of understanding with a local government, bicounty agency, or nonprofit organization to establish a partnership park in the State; or</text> </level> <level label="2"> <text>A partnership agreement with a local government, bicounty agency, or nonprofit organization to manage a partnership park in the State.</text> </level> </level> <level label="c"> <level label="1"> <text>The Department shall establish the Freedman’s State Park as a partnership park that seeks to educate the public about and preserve and interpret the lives and experiences of Black Americans both before and after the abolition of slavery.</text> </level> <level label="2"> <text>Freedman’s State Park shall be held by the State as a State park under the protection and administration of the Department.</text> </level> </level> <level label="d"> <text>Freedman’s State Park shall consist of properties in northeastern Montgomery County in or near the communities of Brookeville, Olney, Sandy Spring, Zion, and Laytonsville that are:</text> <level label="1"> <text>Owned by the State and designated by the Department as part of the park; and</text> </level> <level label="2"> <level label="i"> <text>Owned by a local government, a bicounty agency, or a nonprofit organization; and</text> </level> <level label="ii"> <text>Designated as part of the park by a partnership agreement between the owner of the property and the State.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>The Department shall establish a stakeholder advisory committee to advise the Department on the scope and management of Freedman’s State Park.</text> </level> <level label="2"> <text>The stakeholder advisory committee shall consist of the following members:</text> <level label="i"> <text>A representative of Montgomery Parks, designated by Montgomery Parks’ Director of Parks;</text> </level> <level label="ii"> <text>A representative of the Heritage Tourism Alliance of Montgomery County, designated by the Alliance’s Executive Director;</text> </level> <level label="iii"> <text>A representative of the Sandy Spring Slave Museum, designated by the Museum’s Director;</text> </level> <level label="iv"> <text>A representative of the Sandy Spring Museum, designated by the Museum’s President; and</text> </level> <level label="v"> <text>Any other members as determined by the Department.</text> </level> </level> <level label="3"> <text>To the extent practicable, the stakeholder advisory committee shall reflect the diversity of northeastern Montgomery County.</text> </level> </level> <level label="f"> <text>On or before January 1, 2023, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="1"> <text>Property owned by the State in northeastern Montgomery County that is suitable for inclusion in Freedman’s State Park;</text> </level> <level label="2"> <text>Property owned by a local government, a bicounty agency, or a nonprofit organization in northeastern Montgomery County that is suitable for inclusion in Freedman’s State Park and for which the landowners are willing to enter into a partnership agreement; and</text> </level> <level label="3"> <text>The funding needed to establish and promote Freedman’s State Park.</text> </level> </level> <level label="f–1"> <level label="1"> <text>The Department and Baltimore City shall:</text> <level label="i"> <text>Convene focus group meetings on the establishment of the Gwynns Falls State Park with community members and stakeholders that reside or operate in the vicinity of the proposed State park;</text> </level> <level label="ii"> <text>Develop a list of priority needs and associated cost assessments for park operations and improvements, including:</text> <level label="1"> <text>Capital improvements;</text> </level> <level label="2"> <text>Critical maintenance;</text> </level> <level label="3"> <text>Enhanced natural resource management and restoration, including implementation of a biohabitats study;</text> </level> <level label="4"> <text>Historic site restoration;</text> </level> <level label="5"> <text>Enhanced outdoor recreation amenities, including trail improvements;</text> </level> <level label="6"> <text>Adding park staff and procuring equipment and supplies; and</text> </level> <level label="7"> <text>Law enforcement and public safety; and</text> </level> </level> <level label="iii"> <text>Establish a stakeholder advisory committee to advise the Department and Baltimore City on the scope and management of Gwynns Falls State Park that consists of:</text> <level label="1"> <text>At least one member of the Friends of Gwynns Falls/Leakin Park;</text> </level> <level label="2"> <text>At least six members representing local park advocacy organizations, local environmental organizations, local historic preservation organizations, neighborhood organizations from neighborhoods that border the future Gwynns Falls State Park site; and</text> </level> <level label="3"> <text>Any additional members as determined by the Department and Baltimore City.</text> </level> </level> </level> <level label="2"> <text>On or before December 1, 2025, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="i"> <text>Property owned by the State in Baltimore City that is suitable for inclusion in Gwynns Falls State Park;</text> </level> <level label="ii"> <text>Property owned by Baltimore City or a nonprofit organization in Baltimore City that is suitable for inclusion in Gwynns Falls State Park and for which the landowners are willing to enter into a partnership agreement; and</text> </level> <level label="iii"> <text>The funding needed to establish and promote Gwynns Falls State Park.</text> </level> </level> </level> <level label="g"> <level label="1"> <level label="i"> <text>The Department shall establish the Port Deposit State Park as a partnership park that seeks to educate the public about and preserve and interpret the lives and experiences of Black Americans both before and after the abolition of slavery.</text> </level> <level label="ii"> <text>Port Deposit State Park shall be held by the State as a State park under the protection and administration of the Department.</text> </level> </level> <level label="2"> <text>Port Deposit State Park shall consist of a portion of the Bainbridge Naval Training Center site, measuring not less than 120 acres and not more than 150 acres, that the Bainbridge Development Corporation transfers to the Department, including:</text> <level label="i"> <text>The historic Tome School;</text> </level> <level label="ii"> <text>The Snow Hill archaeological site; and</text> </level> <level label="iii"> <text>The adjacent wooded conservation area.</text> </level> </level> <level label="3"> <level label="i"> <text>The Department shall establish a stakeholder advisory committee to advise the Department on the scope and management of Port Deposit State Park.</text> </level> <level label="ii"> <text>The stakeholder advisory committee shall consist of the following members:</text> <level label="1"> <text>One member designated by the Mayor and Town Council of Port Deposit;</text> </level> <level label="2"> <text>Two members of the House of Delegates and one member of the Senate of Maryland representing Cecil County, designated by the Cecil County Delegation of the General Assembly;</text> </level> <level label="3"> <text>The County Executive of Cecil County, or the County Executive’s designee;</text> </level> <level label="4"> <text>The President of the Cecil County Council, or the President’s designee;</text> </level> <level label="5"> <text>The President of the Cecil County branch of the NAACP, or the President’s designee;</text> </level> <level label="6"> <text>The President of the Historical Society of Cecil County, or the President’s designee;</text> </level> <level label="7"> <text>The Director of the Cecil County Department of Parks and Recreation;</text> </level> <level label="8"> <text>The Chair of the Bainbridge Development Corporation, or the Chair’s designee;</text> </level> <level label="9"> <text>The Chief Archaeologist of the Maryland Department of Transportation, State Highway Administration, or the Chief Archaeologist’s designee; and</text> </level> <level label="10"> <text>The following nonvoting ex officio members:</text> </level> <level label="A"> <text>The Secretary, or the Secretary’s designee;</text> </level> <level label="B"> <text>The Secretary of Commerce, or the Secretary’s designee;</text> </level> <level label="C"> <text>The Secretary of the Environment, or the Secretary’s designee;</text> </level> <level label="D"> <text>The Secretary of Planning, or the Secretary’s designee;</text> </level> <level label="E"> <text>The Director of the Maryland Historical Trust, or the Director’s designee;</text> </level> <level label="F"> <text>The President of the Lower Susquehanna Heritage Greenway, or the President’s designee;</text> </level> <level label="G"> <text>The Superintendent of Cecil County Public Schools;</text> </level> <level label="H"> <text>The Executive Director of the Cecil County Public Library; and</text> </level> <level label="I"> <text>The President of Cecil College.</text> </level> </level> <level label="iii"> <text>To the extent practicable, the stakeholder advisory committee shall reflect the diversity of Cecil County.</text> </level> </level> <level label="4"> <text>On or before September 1, 2024, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article on:</text> <level label="i"> <text>Property that is suitable for inclusion in Port Deposit State Park;</text> </level> <level label="ii"> <text>The funding needed to establish and promote Port Deposit State Park; and</text> </level> <level label="iii"> <text>The appropriate manner of preserving property that is not identified for inclusion in Port Deposit State Park in perpetuity for its archaeological, historical, and cultural significance.</text> </level> </level> </level> <level label="h"> <text>It is the intent of the General Assembly that if the State acquires Carr’s Beach for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.</text> </level> <level label="i"> <level label="1"> <text>In this subsection, “Waldorf core zone” means a geographical area in Charles County within the following boundaries:</text> <level label="i"> <text>North of Billingsley Road;</text> </level> <level label="ii"> <text>South of Mattawoman Creek;</text> </level> <level label="iii"> <text>East of Bensville Road; and</text> </level> <level label="iv"> <text>West of Maryland Route 5.</text> </level> </level> <level label="2"> <text>It is the intent of the General Assembly that if the State acquires property in the Waldorf core zone for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.</text> </level> </level> <level label="j"> <text>It is the intent of the General Assembly that if the State acquires Hill Road Park in Prince George’s County for the purpose of making the property a State park, the property shall be a partnership park established and maintained in a manner substantially similar to the requirements established under subsections (b) through (d) of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1013" effective_note="EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 470 OF 2022" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>There is a Maryland Park Explorers Grant Pilot Program in the Department.</text> </level> <level label="b"> <text>The purpose of the pilot program is to provide Anne Arundel County and Baltimore County with equal funds to establish local Park Explorers Pilot Programs.</text> </level> <level label="c"> <text>A local Park Explorers Pilot Program shall:</text> <level label="1"> <text>Target youth populations with minimal access to green space in an effort to bridge socioeconomic and resource gaps through free, accessible, and conveniently located programming;</text> </level> <level label="2"> <text>Promote the positive impacts that spending time outdoors has on long–term developmental and social well–being;</text> </level> <level label="3"> <text>Provide conservation–related messaging, including sustainable practices, to further participant understanding of the benefits of green space and its direct impact on the environment and watersheds; and</text> </level> <level label="4"> <text>Incorporate local history and cultural impacts in its messaging to highlight the diverse cultural contributions to current social events and developed histories.</text> </level> </level> <level label="d"> <level label="1"> <text>On or before October 1, 2023, and each October 1 thereafter, each participating county shall submit to the Department a report on the implementation of the local Park Explorer’s Pilot program, including:</text> <level label="i"> <text>The number of participants;</text> </level> <level label="ii"> <text>The number of participants from populations with minimal access to green space; and</text> </level> <level label="iii"> <text>The results of participant surveys, including feedback on whether the participant had a positive or negative experience in the Park Explorer’s Pilot program.</text> </level> </level> <level label="2"> <text>A county shall report the information required under paragraph (1) of this subsection in the aggregate and disaggregated by:</text> <level label="i"> <text>Hispanic or Latino of any race;</text> </level> <level label="ii"> <text>For individuals who are non–Hispanic or non–Latino only:</text> <level label="1"> <text>American Indian or Alaska Native;</text> </level> <level label="2"> <text>Asian;</text> </level> <level label="3"> <text>Black or African American;</text> </level> <level label="4"> <text>Native Hawaiian or other Pacific Islander;</text> </level> <level label="5"> <text>White; or</text> </level> <level label="6"> <text>Two or more races; and</text> </level> </level> <level label="iii"> <text>Individuals who have limited English proficiency.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>On or before December 1, 2024, and each December 1 thereafter, the Department, in collaboration with the Maryland Recreation and Parks Association, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the effectiveness of the Maryland Park Explorers Grant Pilot Program.</text> </level> <level label="2"> <text>The report shall include:</text> <level label="i"> <text>A recommendation on whether the pilot program should:</text> <level label="1"> <text>Continue; and</text> </level> <level label="2"> <text>Be expanded statewide; and</text> </level> </level> <level label="ii"> <text>Information regarding whether any other county has expressed interest in participating in the pilot program.</text> </level> </level> </level> <level label="f"> <text>For fiscal years 2024, 2025, and 2026, the Governor shall include in the annual budget bill an appropriation of $100,000 for the Maryland Park Explorers Grant Pilot Program.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1014" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>On presentation of a valid uniformed services identification card by an active service member or any member of the Maryland National Guard:</text> <level label="1"> <text>An active service member or any member of the Maryland National Guard may enter a State park without paying any day–use entry fee that has been established; and</text> </level> <level label="2"> <text>A vehicle of which an active service member or any member of the Maryland National Guard is an occupant may enter a State park without paying any per–vehicle fee that has been established.</text> </level> </level> <level label="b"> <text>This section does not exempt an active service member, any member of the Maryland National Guard, or any other individual from paying other facility use services fees not described in subsection (a) of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1015" title_number="5" title_name="Forests and Parks" subtitle_number="10" subtitle_name="Public Park Land and Recreational Areas"> <level label="a"> <text>In this section, “accepted entrance document” means a valid veteran identification card, a driver’s license or other State–issued license or identification card that indicates the holder is a veteran, or any other form of identification accepted by the Department that establishes the holder’s:</text> <level label="1"> <text>Veteran status; or</text> </level> <level label="2"> <text>Former Maryland National Guard status if the holder was discharged or released under conditions other than dishonorable.</text> </level> </level> <level label="b"> <text>On presentation of an accepted entrance document by an individual:</text> <level label="1"> <text>The individual may enter a State park without paying any day–use entry fee that has been established; and</text> </level> <level label="2"> <text>A vehicle of which the individual is an occupant may enter a State park without paying any per–vehicle fee that has been established.</text> </level> </level> <level label="c"> <text>This section does not exempt an individual from paying any other facility use services fees not described in subsection (b) of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1101" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Charge” means price or fee asked for services, entertainment, recreation performed, or products offered for sale on land or in return for invitation or permission to enter or go upon land.</text> </level> <level label="2"> <text>“Charge” does not include:</text> <level label="i"> <text>The sharing of game, fish, or other products of recreational use;</text> </level> <level label="ii"> <text>Benefits to the land arising from the recreational use; or</text> </level> <level label="iii"> <text>Contributions in kind or services to promote the management or conservation of resources on the land.</text> </level> </level> </level> <level label="c"> <text>“Educational purpose” includes:</text> <level label="1"> <text>Nature study;</text> </level> <level label="2"> <text>Farm visitations for purposes of learning about the farming operation;</text> </level> <level label="3"> <text>Practice judging of livestock, dairy cattle, poultry, other animals, agronomy crops, horticultural crops, or other farm products;</text> </level> <level label="4"> <text>Organized visits to farms by school children, 4–H clubs, FFA clubs, and others as part of their educational programs;</text> </level> <level label="5"> <text>Organized visits for purposes of participating in or observing historical reenactments as part of an educational or cultural program; and</text> </level> <level label="6"> <text>Observation of historical, archaeological, or scientific sites.</text> </level> </level> <level label="d"> <level label="1"> <text>“Land” means land, roads, paths, trails, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty.</text> </level> <level label="2"> <text>“Land” does not include any structure or equipment provided by a unit of local government for the purpose of public recreation.</text> </level> </level> <level label="e"> <text>“Off–highway vehicle” or “OHV” means a motor–assisted or motor–driven vehicle that is:</text> <level label="1"> <text>Designed for or capable of cross–country travel on or directly over land, snow, or other natural terrain; and</text> </level> <level label="2"> <text>Not intended for use on public roads.</text> </level> </level> <level label="f"> <text>“Owner” means the owner of any estate or other interest in real property, whether possessory or nonpossessory, including the grantee of an easement.</text> </level> <level label="g"> <text>“Recreational purpose” means any recreational pursuit.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1102" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <level label="a"> <text>It is the intent of the General Assembly that nothing in this subtitle may be construed to:</text> <level label="1"> <text>Require a landowner to allow the general public access to the landowner’s land; or</text> </level> <level label="2"> <text>Prohibit a landowner from limiting or posting the landowner’s land against entry.</text> </level> </level> <level label="b"> <text>The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose, or on a limited entry basis for any recreational hunting purpose, by limiting the owner’s liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.</text> </level> <level label="c"> <text>This subtitle does not:</text> <level label="1"> <text>Create a duty of care or ground of liability for injury to persons or property; or</text> </level> <level label="2"> <text>Relieve any person using the land of another for any recreational or educational purpose from:</text> <level label="i"> <text>Any obligation which a person might have in the absence of this subtitle to exercise care in using the land and in a person’s activities on the land; or</text> </level> <level label="ii"> <text>The legal consequences of a person’s failure to employ care.</text> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1103" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <text>Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1104" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <text>Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:</text> <level label="1"> <text>Extend any assurance that the premises are safe for any purpose;</text> </level> <level label="2"> <text>Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or</text> </level> <level label="3"> <text>Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1105" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <text>Unless otherwise agreed in writing, the provisions of §§ 5–1103 and 5–1104 of this subtitle are applicable to any duty and liability of an owner of land leased to the State or any of its political subdivisions for any recreational or educational purpose.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1105.1" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <text>The provisions of §§ 5-1103 and 5-1104 of this subtitle are:</text> <level label="1"> <text>Applicable to a unit of local government as an owner of land; and</text> </level> <level label="2"> <text>In addition to any other common law or statutory defenses or immunities available to a unit of local government or other owner.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1106" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <level label="a"> <text>The provisions of this subtitle do not limit in any way any liability which otherwise exists for:</text> <level label="1"> <text>Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or</text> </level> <level label="2"> <text>Except as provided in § 5–1109(a)(2) of this subtitle, injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use.</text> </level> </level> <level label="b"> <text>If land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1107" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <text>Whenever the owner desires, he may post in conspicuous places notices informing the public that the land is private. The landowner, by written consent, may grant permission to enter on the land.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1108" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <level label="a"> <text>To facilitate a method of providing written consent, the Secretary shall distribute permission cards, to be available to the public and to landowners.</text> </level> <level label="b"> <text>One side of the card shall read:</text> <text>PERMISSION TO ENTER</text> <text>I hereby grant the person named on the reverse side permission to enter</text> <text>my property, subject to the terms of the agreement, on the following dates:</text> <text>Signed _________________________</text> <text>(Landowner)</text> </level> <level label="c"> <text>The reverse side shall read:</text> <text>AGREEMENT</text> <text>In return for the privilege of entering on the private property for any</text> <text>recreational or educational purpose as defined in the Natural Resources Article</text> <text>§ 5–1101, I agree to adhere to every law, observe every safety precaution and</text> <text>practice, take every precaution against fire, and assume all responsibility and</text> <text>liability for my person and my property, while on the landowner’s property.</text> <text>Signed _________________________</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1109" title_number="5" title_name="Forests and Parks" subtitle_number="11" subtitle_name="Public Recreation on Private Land and Land Owned by Local Governments"> <level label="a"> <level label="1"> <text>If a landowner agrees to the use of a defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting, any person who uses the part of the real property impliedly consents to adhere to every law, to observe every safety precaution and practice, to take every precaution against fire, and to assume all responsibility and liability for the person’s safety and property while cross–country skiing, using an OHV, or hunting on the landowner’s real property.</text> </level> <level label="2"> <text>If a landowner invites or permits on a limited entry basis, with or without charge, an individual to use the landowner’s real property for hunting, the invited or permitted individual who uses the real property for hunting impliedly consents to adhere to every law, to observe every safety precaution and practice, to observe all property boundaries, to take every precaution against fire, and to assume all responsibility and liability for the individual’s safety and property while hunting on the landowner’s real property.</text> </level> </level> <level label="b"> <text>The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner leases any defined part of the landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for hunting.</text> </level> <level label="c"> <text>The Department shall adopt regulations to allow cross–country skiing, OHV use, or hunting on those defined parts of a landowner’s real property on which cross–country skiing, OHV use, or hunting is allowed under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1201" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>In this subtitle, “open space” or “open area” means any space or area characterized by great natural scenic beauty, or whose existing openness, natural condition, and present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or maintain or enhance the conservation of natural or scenic resources.</text> </level> <level label="c"> <text>“State wildlands” means wildlands owned by the State and includes the following three types:</text> <text>Type 1. A primitive area which by its size or location is in effect untouched by urban civilization, and can offer the experience of solitude and self-reliance. Since lands at the higher elevations are important for protection of watersheds, are ecologically vulnerable if unwisely altered by human interference, and may be uneconomic for logging or construction, they may be suitable for this classification.</text> <text>Type 2. A unit of importance for all the natural sciences, especially ecology, and with outstanding value for education, research, and appreciation of natural processes. Preservation in the desired natural condition is the prevailing purpose of these holdings. Visitation shall be regulated to ensure this preservation on a permanent basis.</text> <text>Type 3. An area which is not of ecological or primitive stature, but which has the appearance of being in an untouched natural state or is capable of attaining that appearance if held and managed for this purpose.</text> </level> <level label="d"> <text>“Wildlands” means limited areas of land or water which have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the State. This may include unique ecological, geological, scenic, and contemplative recreational areas on State lands.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1202" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <level label="a"> <text>Acquisition of interests or rights in real property for preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department may acquire, by purchase, any intervivos or testamentary gift, or lease, the fee or any lesser interest, or development right, necessary to achieve this end. Any county, city, the Maryland-National Capital Park and Planning Commission, and the Department also may purchase or acquire by contract or gift the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under covenants or other contractual arrangements which limit future use of the property in accordance with the purposes of this section. The county or city may not acquire any fee or any lesser interest in real property for these purposes by purchase or contract requiring a monetary consideration exceeding $500, unless the governing body of the county or city after a public hearing adopts a resolution or formal order declaring the public purpose or use. However, no owner whose property is being used for farming is subject to any condemnation or other land acquisition proceeding for the purposes of this section, by the county, city, Maryland-National Capital Park and Planning Commission, or the Department, if the owner has granted a scenic easement to the Department, Commission, or political subdivision.</text> </level> <level label="b"> <text>If any county, city, or the Maryland-National Capital Park and Planning Commission purchases open spaces and areas under the Outdoor Recreation Land Loan of 1968, the Board of Public Works shall pay a portion of the purchase cost if the Secretary has approved the acquisition and costs, and the acquisition complies with the provisions of the Outdoor Recreation Land Loan of 1968.</text> </level> <level label="c"> <level label="1"> <text>A landowner may offer a recreational access easement to the Department of Natural Resources and the Department may execute such an easement. The recreational access easements shall provide for access to all or a portion of the landowner’s property for recreational activities. The terms of access (including but not limited to time, seasons, and the number of individuals), the location and amount of land and water, and the type of permitted recreational activities, shall be specified by the landowner.</text> </level> <level label="2"> <text>The Department shall in executing a recreational access easement agreement consider the terms specified by the landowner and the unmet demands for specific recreation activities in the area.</text> </level> <level label="3"> <text>The value and content of the easement shall be by mutual agreement between the landowner and the Department and approved by the Board of Public Works. The Department may accept the easement by donation, however, if purchase is required. Funding shall be provided through Program Open Space as appropriated pursuant to § 5-903 of this title.</text> </level> <level label="4"> <text>A landowner’s initial agreement shall be executed for a term of one year, and all extensions shall be executed for a period of not less than three years.</text> </level> <level label="5"> <text>Liability provisions of Subtitle 11 of this title shall be applicable to those lands for which recreational access easements have been contracted.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1202.1" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>For purposes of this subtitle, the Hart-Miller-Pleasure Island chain in Baltimore County is an open area.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1202.2" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <level label="a"> <text>In this section the following words have the meanings indicated.</text> <level label="1"> <text>“Grantee in interest” means the Maryland Environmental Trust.</text> </level> <level label="2"> <text>“Spoil”, “Baltimore County tributary spoil”, “redeposit”, and “Baltimore Harbor” have the meanings indicated in § 5–1101(a) of the Environment Article.</text> </level> </level> <level label="b"> <text>Within 15 days after July 1, 1981, the State shall grant an easement to the Hart–Miller–Pleasure Island chain to the grantee in interest. The easement shall be for purposes consistent with the covenants required by this subsection and enforcement of these purposes.</text> <level label="1"> <text>The grantee in interest shall covenant to allow the redeposit of spoil and the redeposit of Baltimore County tributary spoil to take place at the Hart–Miller–Pleasure Island chain, subject to the limitations provided in §§ 5–1101 through 5–1104 of the Environment Article;</text> </level> <level label="2"> <text>Where not inconsistent with the covenant described in paragraph (1) of this subsection, the grantee in interest shall covenant to preserve and maintain the Hart–Miller–Pleasure Island chain as an open area by prohibiting development except that which is necessary for proper recreational use and the construction of any dikes necessary for the dumping of spoil;</text> </level> <level label="3"> <text>The grantee in interest shall covenant that if the Hart–Miller–Pleasure Island chain is ever used for purposes inconsistent with the preservation and maintenance of the island chain as an open area, or with any of the covenants described in this subsection, the easement shall cease;</text> </level> <level label="4"> <text>The grantee in interest shall covenant to allow the State to establish and maintain park and recreational facilities on the Hart–Miller–Pleasure Island chain and to assist the State in making these facilities available to the public for recreational and educational purposes;</text> </level> <level label="5"> <text>The grantee in interest shall covenant to allow the Hart–Miller–Pleasure Island Citizens Oversight Committee established under § 5–1104 of the Environment Article to:</text> <level label="i"> <text>Monitor the redeposit of spoil and Baltimore County tributary spoil at the Hart–Miller–Pleasure Island chain in accordance with § 5–1104(c) of the Environment Article; and</text> </level> <level label="ii"> <text>Hear and dispose of complaints lodged by individuals affected by the redeposit of spoil and Baltimore County tributary spoil.</text> </level> </level> <level label="6"> <text>The grantee in interest shall covenant that if, during the life of its easement to the Hart–Miller–Pleasure Island chain, the grantee in interest ceases to exist, the easement shall cease.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1203" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <level label="a"> <level label="1"> <text>In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the State, leaving no lands designated for preservation and protection in their natural condition, it is the policy of the General Assembly to secure for the people of present and future generations the benefits of an enduring resource of State wildlands.</text> </level> <level label="2"> <text>For this purpose there is established a State wildlands preservation system composed of areas in the State designated by the General Assembly as “wildland areas”.</text> </level> <level label="3"> <text>The wildland areas shall be administered for the use and enjoyment of the people of Maryland in a manner that will leave them unimpaired for the future use and enjoyment as wildlands, to provide for their protection, preservation of their wildland character, and for gathering and dissemination of information regarding their use and enjoyment as wildlands.</text> </level> <level label="4"> <text>A State land may not be designated as a wildland area except as provided for in this section or by a subsequent act.</text> </level> </level> <level label="b"> <text>Pursuant to the provisions of subsection (a) of this section that property in Garrett County containing approximately 2,879 acres and described as follows is a Type 1 State wildland and shall be named the “Big Savage Mountain Wildland”:</text> <text>Beginning at a point, said point being the intersection of the south side of High Rock Tower Road and a point located 200 feet west of the Big Savage Mountain Hiking Trail and running then in a generally southwest direction, 200 feet west of the Big Savage Mountain Hiking Trail to a point located at the waters of the Savage River Reservoir, then running generally in a northerly direction with the waters of the Savage River Reservoir, the Savage River and the existing Savage River State Forest boundary to a point of intersection of the Savage River and the southern margin of the right of way of Savage River Road and running then with the southern and eastern right of way of the Savage River Road to the Savage River State Forest boundary, then running along said boundary in an easterly direction to corner 533, then leaving the said Savage River State Forest boundary and running due east to a point on the eastern right of way of Westernport Road, then running along said right of way in an easterly and southern direction to a point of intersection with the Savage River State Forest boundary, then running with the said State forest boundary south 71 degrees 26 minutes east to corner 549, then running south 43 degrees 51 minutes west 142.34 feet more or less to corner 548, south 58 degrees 36 minutes west 369.37 feet more or less to corner 547, south 50 degrees 31 minutes west 891.50 feet more or less to corner 546, south 75 degrees 49 minutes west 561.89 feet more or less to corner 545, north 89 degrees 04 minutes west 802.50 feet more or less to corner 544, south 51 degrees 58 minutes west 689.27 feet more or less to corner 543, south 50 degrees 28 minutes east 263.62 feet more or less to corner 542, south 33 degrees 54 minutes west 2254.17 feet more or less to corner 541, south 55 degrees 15 minutes east 2120.20 feet more or less to corner 762, south 44 degrees 05 minutes west 2152.35 feet more or less to corner 543, south 34 degrees 04 minutes east 109.55 feet more or less to corner 760, north 65 degrees 00 minutes west 2346.20 feet more or less, south 33 degrees 06 minutes 36 seconds west 1155.00 feet more or less, south 33 degrees 06 minutes 36 seconds west 1155.00 feet more or less, south 67 degrees 45 minutes 07 seconds west 2310.00 feet more or less, south 35 degrees 45 minutes 15 seconds west 1814.05 feet more or less, south 64 degrees 58 minutes 32 seconds west 170.61 feet more or less, south 69 degrees 11 minutes 55 seconds west 309.12 feet more or less, south 52 degrees 13 minutes 20 seconds west 1485.37 feet more or less, south 28 degrees 22 minutes 40 seconds west 485.81 feet more or less, north 55 degrees 08 minutes 05 seconds west 1647.37 feet more or less, south 42 degrees 36 minutes 43 seconds west 1980.00 feet more or less, south 54 degrees 47 minutes 33 seconds west 1764.85 feet more or less, south 39 degrees 09 minutes 09 seconds west 881.58 feet more or less, south 43 degrees 00 minutes 42 seconds west 1874.10 feet more or less, north 31 degrees 05 minutes 39 seconds west 426.38 feet more or less, north 77 degrees 38 minutes 27 seconds east 127.57 feet more or less, north 02 degrees 35 minutes 21 seconds west 304.92 feet more or less, south 85 degrees 01 minutes 09 seconds west 99.69 feet more or less, north 12 degrees 50 minutes 27 seconds west 228.86 feet more or less, north 08 degrees 52 minutes 27 seconds west 294.03 feet more or less, north 14 degrees 47 minutes 17 seconds west 220.31 feet more or less, north 18 degrees 31 minutes 27 seconds west 581.85 feet more or less, north 22 degrees 23 minutes 34 seconds west 64.59 feet more or less, north 44 degrees 19 minutes 16 seconds west 47.15 feet more or less, north 56 degrees 11 minutes 54 seconds west 56.85 feet more or less, north 83 degrees 40 minutes 13 seconds west 59.71 feet more or less, south 82 degrees 39 minutes 44 seconds west 173.13 feet more or less, south 70 degrees 52 minutes 36 seconds west 230.44 feet more or less, south 68 degrees 49 minutes 26 seconds west 215.02 feet more or less, south 50 degrees 08 minutes 57 seconds west 57.56 feet more or less, south 10 degrees 11 minutes 09 seconds west 375.33 feet more or less, south 17 degrees 13 minutes 09 seconds west 159.93 feet more or less, south 59 degrees 02 minutes 20 seconds west 243.02 feet more or less, south 78 degrees 48 minutes 32 seconds west 362.31 feet more or less, south 53 degrees 24 minutes 39 seconds west 22.32 feet more or less, south 16 degrees 40 minutes 14 seconds west 203.65 feet more or less, south 22 degrees 10 minutes 00 seconds west 181.30 feet more or less, south 14 degrees 34 minutes 13 seconds west 109.41 feet more or less, south 10 degrees 30 minutes 48 seconds west 16.69 feet more or less, south 58 degrees 58 minutes 03 seconds west 1002.96 feet more or less, south 31 degrees 37 minutes 33 seconds west 554.57 feet more or less, south 31 degrees 37 minutes 33 seconds west 109.02 feet more or less, south 02 degrees 20 minutes 57 seconds west 168.04 feet more or less, south 27 degrees 19 minutes 33 seconds west 151.56 feet more or less, south 04 degrees 55 minutes 20 seconds west 80.66 feet more or less, south 60 degrees 24 minutes 56 seconds east 372.83 feet more or less, south 54 degrees 58 minutes 14 seconds west 360.83 feet more or less, south 59 degrees 53 minutes 31 seconds west 53.19 feet more or less, south 30 degrees 55 minutes 55 seconds west 500.38 feet more or less to a point, said point having the coordinate value 690973.93 north, 716355.17 east (Maryland State plane grid system NAD83), then running with the said State forest boundary south 42 degrees 50 minutes 49 seconds west 307.64 feet, south 43 degrees 44 minutes 44 seconds west 301.50 feet, north 43 degrees 14 minutes 23 seconds west 35.01 feet, south 46 degrees 32 minutes 42 seconds west 782.09 feet, south 68 degrees 44 minutes 44 seconds west 308.42 feet, south 57 degrees 47 minutes 05 seconds west 445.08 feet, south 57 degrees 47 minutes 05 seconds west 445.08 feet, north 89 degrees 12 minutes 55 seconds west 826.58 feet, south 79 degrees 47 minutes 05 seconds west 635.83 feet, south 17 degrees 40 minutes 41 seconds west 2937.00 feet, south 45 degrees 57 minutes 03 seconds east 1023.00 feet, north 89 degrees 02 minutes 57 seconds east 693.00 feet, north 47 degrees 02 minutes 57 seconds east 1386.00 feet, north 47 degrees 46 minutes 34 seconds east 800.00 feet, north 47 degrees 46 minutes 34 seconds west 1291.64 feet, north 49 degrees 13 minutes 30 seconds east 4692.22 feet to a planted stone marked “BP 129”, said stone being corner 582, said point having the coordinate value 691489.38 north, 719880.96 east (Maryland State plane grid system NAD83), and then running south 62 degrees 00 minutes east 1600.00 feet more or less, then running north 40 degrees 00 minutes east 200 feet more or less to a point lying 50 feet west of the High Rock Lookout Tower site, then circling the tower counterclockwise to the south no closer than 50 feet to the tower to a point east of the tower site and south of the existing High Rock Tower Road, and then running with the south side of the High Rock Tower Road to the point of beginning. </text> <text>Saving and excepting the Potomac Edison transmission line that lies 1,500 feet more or less north of Warnick Point and runs in a southeasterly direction to intersect the Savage River State Forest boundary.</text> </level> <level label="b–1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 650 acres and described as follows is a Type 1 State wildland and shall be named the “High Rock Wildland”:</text> <text>Beginning at a stone marked “BP 129” and witnessed by a pipe stamped 582, said stone also being a corner of the Savage River State Forest boundary on the western slope of Big Savage Mountain and then running north 38 degrees 18 minutes east 3703.31 feet to a stone marked “BP 128” and witnessed by a pipe stamped 581 and then running north 54 degrees 23 minutes east 5500.00 feet more or less to a point on the southeast side of Pine Swamp Road, then running in a northeasterly direction along the southeast side of said road to the south side of its intersection with Westernport Road, then running with the southwest side of Westernport Road in a southeasterly direction 5400.00 feet more or less to a point on the 2700 foot contour line, then running generally with said contour line south 49 degrees west 3500.00 feet more or less to a point northeast of the High Rock Tower Road, then running in a westerly direction 200 feet north and parallel to said road 2100.00 feet to a point lying northwest of the High Rock Tower site, then running south 40 degrees west 200.00 feet more or less, then running north 62 degrees west 1600 feet more or less to the beginning.</text> </level> <level label="c"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section that property in Worcester County containing approximately 2,090 acres and described as follows is a Type 2 wildland and shall be named the “Cypress Swamp Wildland”:</text> <text>Parcel 1:</text> <text>Beginning with the main part at a point on the north side of the Hickory Point Road, said point lying approximately 5,200 feet west of the Cederhall Road; and proceeding clockwise, then with the north side of the Hickory Point Road westerly, then northerly in a long curve approximately 9,600 feet, then leaving the road and with the Pocomoke State Forest boundary northerly about 1,200 feet to the south margin of the Pocomoke River (Point A), then with the south shore generally easterly approximately 7,500 feet upstream, then with the Pocomoke State Forest boundary and adjoining private land southeasterly approximately 4,700 feet and then southwesterly 7,750 feet to the beginning point.</text> <text>Parcel 2:</text> <text>A second and separate part of this wildland begins at a point on the south margin of the Pocomoke River, the point being approximately 3,300 feet generally westerly downstream from Point A, then with the Pocomoke State Forest boundary and adjacent private land in a clockwise direction generally southerly approximately 800 feet, thence westerly 1,150 feet, then northwesterly approximately 1,900 feet to the south shore of the Pocomoke River, then with the south shore northerly, then easterly and then southerly approximately 4,800 feet to the beginning point.</text> <text>Parcel 3:</text> <text>All that lot, tract, or parcel of land situate, lying and being in the Costen Election District of Worcester County, located on the Pocomoke River and being more particularly described in that certain patent of “Lankfords Discovery”, dated May 5, 1905, among the records of the Hall of Records of the State of Maryland which by deed dated August 25, 1986 and recorded in the land records of Worcester County in Liber 1210, Folio 489 was conveyed by the Nature Conservancy to the State of Maryland, for the use of the Department of Natural Resources, and described as follows:</text> <text>Beginning at a marked cypress standing on the east bank of the Pocomoke River about a half mile above the town of Rehoboth, and running thence, north 41 degrees 45 minutes 00 seconds east, 280.50 feet, then running north 53 degrees 00 minutes 00 seconds east, 140.25 feet to the edge of a small gut, then running south 21 degrees 39 minutes 00 seconds east, 4,174.50 feet to a point on the head of a small gut, then running south 29 degrees 00 minutes 00 seconds east, 3,349.50 feet to an old water hole, then running south 61 degrees 00 minutes 00 seconds west, 462.00 feet, to a point on the northwest side of Parting Creek, then running south 79 degrees 15 minutes 00 seconds west, 49.50 feet, then running south 47 degrees 00 minutes 00 seconds west, 231.00 feet, then running south 51 degrees 30 minutes 00 seconds west, 420.75 feet to a point on the east side of the Pocomoke River, then running along the east bank of the Pocomoke River in a northerly direction 8,400.00 feet more or less to the point of beginning.</text> <text>Parcel 4:</text> <text>All that part of a lot, tract, or parcel of land situate, lying and being in the Costen Election District of Worcester County, and conveyed by the Nature Conservancy to the State of Maryland to the Department of Natural Resources on July 20, 1978, and in Liber 1633, Folio 93, of the land records of Worcester County, and described as follows:</text> <text>Beginning at a hickory tree, said tree being the point of beginning of a survey by Harold W. Hampshire, dated May 15, 1978, running thence with the 1st, 2nd, 3rd, 4th, and 5th lines of said survey, the following viz: north 82 degrees 04 minutes 10 seconds west 1,592.44 feet, to the edge of the marsh, then running north 33 degrees 55 minutes 26 seconds west 2,338.27 feet, to a cedar post, then north 09 degrees 50 minutes 06 seconds west 339.27 feet, to a cedar post, then south 74 degrees 23 minutes 34 seconds east 2,414.55 feet, to a concrete post, then south 77 degrees 37 minutes 08 seconds east 1,254.53 feet, to a concrete post, then running in a southerly direction 1,684.05 feet, to the point of beginning.</text> <text>Parcel 5:</text> <text>All that part of a lot, tract, or parcel of land situate, lying and being in the First Election District of Worcester County, and conveyed by the Chesapeake Corporation Foundation to the State of Maryland to the Department of Natural Resources on March 18, 1998, and in Liber 2498, Folio 79, of the land records of Worcester County, and described as follows:</text> <text>Beginning for the same at a point, said point being the northeasterly corner of the herein described land, said point also being on the southerly shore of the Pocomoke River, said point also being the northwesterlymost corner of the lands now or formerly of the State of Maryland Department of Natural Resources known as “Cypress Swamp” in a deed recorded in the land records of Worcester County in Liber 633, Folio 93, and from said place of beginning running by and with the State of Maryland Department of Natural Resources land the following courses and distances, south 08 degrees 55 minutes 37 seconds east 65 feet more or less to a cedar post found, then continuing south 08 degrees 55 minutes 37 seconds east 304.26 feet to a cedar post found, then south 06 degrees 00 minutes 14 seconds west 1,174.93 feet to a tall iron pipe found, then south 22 degrees 20 minutes 41 seconds west 956.74 feet to a concrete monument found, then north 77 degrees 37 minutes 08 seconds west 290.79 feet to the side of a 16 foot right of way as described in a deed recorded in the land records of Worcester County in Liber 633, Folio 93, then continuing north 77 degrees 37 minutes 08 seconds west 963.80 feet to a concrete monument found, then north 74 degrees 22 minutes 53 seconds west 2,414.97 feet to a cedar post found, then south 09 degrees 49 minutes 25 seconds east 157.06 feet to a metal fence post set and the lands now or formerly of John C. Rice, III described by a deed recorded in the land records of Worcester County in Liber 1844, Folio 489, then by and with said John C. Rice land north 78 degrees 27 minutes 16 seconds west 386.42 feet to a metal fence post set and the lands now or formerly of the State of Maryland Department of Natural Resources known as “Lankford’s Discovery” as described in a deed recorded in the land records of Worcester County in Liber 1210, Folio 489, then by and with the State of Maryland Department of Natural Resources land north 12 degrees 05 minutes 27 seconds west 4,000.96 feet to a large marked pine tree found on the southeasterly shore of the aforesaid Pocomoke River and other lands of the State of Maryland Department of Natural Resources known as “Otter Run” as described in a deed recorded in the land records of Worcester County in Liber 424, Folio 637, then by and with the State of Maryland Department of Natural Resources land the following courses and distances, south 46 degrees 32 minutes 31 seconds east 1,909.05 feet, then north 04 degrees 12 minutes 29 seconds east 1,138.50 feet, then north 24 degrees 42 minutes 29 seconds east 121 feet more or less to the shore of the aforesaid Pocomoke River and the many meanderings thereof generally then by the following courses and distances, south 07 degrees 01 minutes 58 seconds west 379.50 feet, then south 12 degrees 11 minutes 02 seconds 397.50 feet, then south 39 degrees 39 minutes 30 seconds east 743.21 feet, then south 64 degrees 09 minutes 03 seconds east 1,542.01 feet, then south 73 degrees 24 minutes 30 seconds east 684.11 feet to the place of beginning; containing 305.680 acres of land as per a survey recorded in the plat records of Worcester County, Maryland in Plat Book RHO 153, Folio 68, and together with a 16 foot right of way which leads from the herein described land to the public road known as Hickory Point Road, said right of way being more particularly described in a deed recorded in the land records of Worcester County, Maryland in Liber 633, Folio 93.</text> </level> <level label="2"> <text>Notwithstanding any other provision of this subtitle, the existing stand of planted pine trees in Parcel 5 described as follows may be harvested by the Department using mechanical or motorized equipment, and the area then reforested or allowed to naturally revert to a forested condition: beginning at a point, said point having the coordinate value 140229.23 north, 1702780.67 east (Maryland State plane grid system NAD83), and then running south 26 degrees 08 minutes 28 seconds east 1050.60 feet, south 80 degrees 41 minutes 01 seconds east 1073.80 feet, south 02 degrees 54 minutes 25 seconds west 203.47 feet, south 11 degrees 17 minutes 41 seconds west 943.12 feet, north 86 degrees 53 minutes 59 seconds west 1239.82 feet, north 58 degrees 40 minutes 59 seconds west 1005.83 feet, north 07 degrees 30 minutes 40 seconds east 720.85 feet, south 80 degrees 21 minutes 59 seconds east 567.10 feet, north 32 degrees 13 minutes 55 seconds west 974.04 feet, north 71 degrees 02 minutes 02 seconds east 650.67 feet to the point of beginning, containing 68 acres more or less.</text> </level> </level> <level label="d"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section that property situated in Worcester County containing approximately 3,109 acres and described as follows is a Type 2 State wildland and shall be named the “Pocomoke River Wildland”:</text> <text>Parcel 1:</text> <text>Beginning with the first part at a point on the west bank of Corkers Creek where it joins the Pocomoke River and proceeding clockwise, then generally southerly with said west bank approximately 6,200 feet to the rear line of the clearing for the forest manager’s residence, then leaving the creek and with said rear line southwesterly 400 feet to a forest road, then with said forest road and with its meanders, northwesterly then southerly and then northwesterly approximately 11,500 feet to the Pocomoke State Forest boundary, and with it northwesterly about 2,200 feet to the Pocomoke River, then with the south bank thereof to the beginning point.</text> <text>Parcel 2:</text> <text>A second and separate part of this wildland begins at a point on the south bank of the Pocomoke River at the western boundary of a part of the Pocomoke River Wildlife Management Area, the point lying approximately 400 feet west of Mattaponi Landing and running with the wildlife management area boundary and adjacent private land southerly about 300 feet to the Blades Road, then with the road about 2,400 feet to the State wetland boundary, then following the State wetland boundary with its meanders generally southwesterly approximately 6,500 feet to the western boundary of the Tarr tract and the lands conveyed from William Cropper to the State of Maryland, to the use of the Maryland Department of Natural Resources by a deed dated June 16, 1993 and recorded in land records of Worcester County, Maryland in Liber 1948, Folio 501, then running within said conveyed lands the following courses and distances, south 52 degrees 21 minutes west 981.05 feet, south 81 degrees 48 minutes east 859.32 feet, south 39 degrees 12 minutes west 474.43 feet, south 1 degree 41 minutes west 350.84 feet, south 55 degrees 26 minutes east 563.62 feet, south 6 degrees 7 minutes east 580.90 feet, south 55 degrees 32 minutes west 637.99 feet, south 10 degrees 37 minutes east 167.90 feet, south 47 degrees 17 minutes west 182.48 feet to a point lying within the lands conveyed from Levin C. Beauchamp to the State of Maryland for the use of the Game and Inland Fish Commission by a deed dated May 19, 1996 and recorded in the land records of Worcester County, Maryland in Liber 204, Folio 512 and shown on plat EWR 1/38, then south 47 degrees 17 minutes west 182.48 feet, south 3 degrees 35 minutes east 165.35 feet, south 71 degrees 54 minutes east 635.00 feet, south 71 degrees 54 minutes 635.0 feet, south 22 degrees 18 minutes east 366.5 feet, north 57 degrees 56 minutes east 912.92 feet, south 42 degrees 49 minutes east 245.25 feet, south 30 degrees 35 minutes west 773.52 feet to a point lying within the lands conveyed from William Cropper to the State of Maryland, to the use of the Maryland Department of Natural Resources by a deed dated June 16, 1993 and recorded in the land records of Worcester County, Maryland in Liber 1948, Folio 501, then north 64 degrees 32 minutes west 239.90 feet, south 51 degrees 40 minutes west 282.70 feet, south 58 degrees 43 minutes east 1092.30 feet to a point lying within the lands conveyed from Levin C. Beauchamp to the State of Maryland for the use of the Game and Inland Fish Commission by a deed dated May 19, 1996 and recorded in the land records of Worcester County, Maryland in Liber 204, Folio 512, then north 66 degrees 2 minutes east 304.75 feet, south 75 degrees 58 minutes east 722.96 feet, south 15 degrees 2 minutes west 710.04 feet to a concrete monument found at the end of the 16th line described in the aforementioned conveyance from Levin C. Beauchamp to the State of Maryland for the use of the Game and Inland Fish Commission, then running by and with the 16th line reversed south 42 degrees 33 seconds east 650.76 feet, then south 57 degrees 28 minutes west 1271.84 feet, north 59 degrees 21 minutes west 1942.26 feet, north 59 degrees 21 minutes west 1942.26 feet, north 14 degrees 18 minutes east 542.85 feet, north 49 degrees 16 minutes west 980.02 feet, north 79 degrees 31 minutes east 566.44 feet, north 62 degrees 39 minutes west 336.76 feet, south 58 degrees 0 minutes west 291.91 feet, south 7 degrees 51 minutes east 301.95 feet, south 52 degrees 54 minutes east 530.16 feet, south 13 degrees 40 minutes east 1580.05 feet to a point lying in the 2nd line described in the aforementioned conveyance from Levin C. Beauchamp to the State of Maryland for the use of the Game and Inland Fish Commission, then running by and with the 2nd line reversed south 67 degrees 57 seconds west 336.06 feet to the end of the first line, then running by and with the 1st line reversed north 29 degrees 50 minutes east 5,280 feet to a point on the southerly side of the Pocomoke River, then running by and with the 75th line reversed easterly by and with the Pocomoke River in an easterly direction 2,300 feet more or less to a gut and the end of the 74th line, then running with the 74th line reversed by and with a gut in a southerly direction 1,360 feet more or less to the end of the 73rd line, then running by and with the 73rd line reversed north 61 degrees 25 minutes east 902.50 feet to a point, said point being the southeast corner of a 16 acre parcel of land conveyed to Elton D. Ardis by a deed dated August 1, 1950 and recorded in land records of Worcester County, Maryland in Liber CWN 35, Folio 501 and shown on plat EWR 1/38, then running in a northeasterly direction a distance of 990 feet more or less to a point on the southerly side of the Pocomoke River, then running and binding with the southerly side of the Pocomoke River in a generally northeasterly direction a distance of 14,640 feet more or less to the point of beginning.</text> <text>Parcel 3:</text> <text>A third and separate part of this wildland begins at a point on the north bank of the Pocomoke River and the west bank of Corbin Branch, and proceeding then clockwise with the north bank and with its meanders generally southwesterly approximately 10,500 feet to the mouth of Milburn Branch, then with the north bank of the branch and with its meanders generally northwesterly about 1,800 feet to a forest road, then along this road and other interconnecting forest roads and with their windings northeasterly approximately 10,000 feet to the east bank of Corbin Branch, then with the east bank generally southerly about 1,000 feet again to the Pocomoke River and the beginning point.</text> <text>Parcel 4 (Shad Tract, Parcel A):</text> <text>Beginning at the intersection of Corker’s Creek and a ditch running in a northeasterly direction, said point also being on the boundary line of Shad Landing State Park and then running, along said ditch in a northeasterly direction to its intersection with the Pocomoke River, then running along the south bank of the Pocomoke River to Corker’s Creek, then running with Corker’s Creek to the point of beginning.</text> <text>Parcel 5 (Shad Tract, Parcel B):</text> <text>Beginning at a concrete monument, said monument being the beginning of a tract of land which by deed dated October 14, 1988 and recorded in Liber 1486, Folio 530 of the Land Records of Worcester County, was conveyed by Lavara Van De Graf, personal representative of the Estate of Evelyn W. Jones, and the Nature Conservancy, to the State of Maryland, for the use of the Department of Natural Resources, and running, along the boundary line of Shad Landing State Park 2,200.00 feet more or less, to a point on the northeast side of the road leading to Shad Landing, then running along the northeast side of said road in a northwest direction 1,300.00 feet more or less, to the south bank of the Pocomoke River, then running by and with the meanderings of the Pocomoke River in a generally northerly direction to the end of the 4th line of the aforesaid conveyance from Lavara Van De Graf, then running, south 11 degrees 15 minutes 00 seconds west 660.00 feet to a point, south 18 degrees 45 minutes 00 seconds east 1,065.90 feet to a point, south 21 degrees 45 minutes 00 seconds east 226.38 feet to an iron pipe, south 65 degrees 00 minutes 00 seconds east 165.66 feet to the point of beginning.</text> <text>Parcel 6 (Van De Graf Tract):</text> <text>All that lot, tract, or parcel of land, situate, lying and being in the second election district of Worcester County located on the Pocomoke River and being more particularly described in a deed dated October 14, 1988 and recorded in Liber 1486, Folio 530 of the land records of Worcester County, which was conveyed by Lavara Van De Graf, personal representative of the Estate of Evelyn W. Jones and the Nature Conservancy, to the State of Maryland, for the use of the Department of Natural Resources and described as follows: beginning at a concrete monument at the intersection of the northwesterly line of a tract of land now or formerly owned by Robert J. Reilly and the northeast line of Shad Landing State Park, and then running north 65 degrees 00 minutes 00 seconds west 165.66 feet to an iron pipe, then north 21 degrees 45 minutes 00 seconds west 226.38 feet to an iron pipe, then north 18 degrees 45 minutes 00 seconds west 1,065.90 feet, then north 11 degrees 15 minutes 00 seconds east 660.00 feet, then running with the meanderings of the Pocomoke River in a northerly direction 6,065.00 feet more or less to an iron pipe, then south 52 degrees 03 minutes 37 seconds east 471.90 feet to an iron pipe, then south 80 degrees 03 minutes 37 seconds east 1,223.64 feet to an iron axle, then south 27 degrees 48 minutes 26 seconds west 192.46 feet to an iron pipe, then south 55 degrees 00 minutes 00 seconds east 33.00 feet to an iron pipe, then south 33 degrees 00 minutes 00 seconds west 429.00 feet to an iron pipe, then south 50 degrees 00 minutes 00 seconds west 198.00 feet to an iron pipe, then south 20 degrees 00 minutes 00 seconds west 396.00 feet to an iron pipe, then south 55 degrees 00 minutes 00 seconds west 165.00 feet to an iron pipe, then south 49 degrees 00 minutes 00 seconds west 264.00 feet to an iron pipe, then south 37 degrees 00 minutes 00 seconds west 330.00 feet to an iron pipe, then north 56 degrees 00 minutes 00 seconds west 427.02 feet to an iron pipe, then south 08 degrees 00 minutes 00 seconds west 709.50 feet to an iron pipe, then south 19 degrees 45 minutes 00 seconds east 550.44 feet to a concrete monument, then south 76 degrees 38 minutes 23 seconds west 592.40 feet to a concrete monument, then south 76 degrees 38 minutes 38 seconds west 94.00 feet to an iron pipe, then south 56 degrees 08 minutes 23 seconds west 675.78 feet to an iron pipe, then north 45 degrees 33 minutes 46 seconds west 728.29 feet to an iron pipe, then south 43 degrees 45 minutes 12 seconds west 2160.38 feet to the point of beginning.</text> <text>Exempting the tract of land serving as a trail course described as follows: beginning at an iron pipe found at 182999.659 north, 1767978.919 east (Maryland State plane grid system NAD83), and then running north 87 degrees 56 minutes 8 seconds west 29.472 feet, south 53 degrees 17 minutes 1 second west 28.908 feet, south 63 degrees 23 minutes 14 seconds west 17.615 feet, south 38 degrees 55 minutes 36 seconds west 20.657 feet, south 48 degrees 43 minutes 45 seconds west 26.253 feet, south 34 degrees 33 minutes 41 seconds west 27.522 feet, south 23 degrees 32 minutes 1 second west 22.934 feet, south 7 degrees 20 minutes 18 seconds west 17.462 feet, south 3 degrees 2 minutes 49 seconds west 16.418 feet, south 9 degrees 46 minutes 30 seconds west 17.929 feet, south 12 degrees 38 minutes 28 seconds east 15.162 feet, south 9 degrees 53 minutes 46 seconds east 19.157 feet, south 30 degrees 58 minutes 10 seconds west 15.526 feet, south 62 degrees 18 minutes 58 seconds west 21.204 feet, south 69 degrees 28 minutes 30 seconds west 15.933 feet, south 73 degrees 52 minutes 51 seconds west 16.378 feet, south 40 degrees 10 minutes 29 seconds west 23.884 feet, south 40 degrees 10 minutes 29 seconds west 23.586 feet, south 28 degrees 50 minutes 57 seconds west 27.857 feet, north 78 degrees 9 minutes 5 seconds west 26.777 feet, south 88 degrees 9 minutes 7 seconds west 59.371 feet, north 84 degrees 7 minutes 3 seconds west 84.387 feet, north 79 degrees 49 minutes 45 seconds west 66.529 feet, north 84 degrees 0 minutes 21 seconds west 39.897 feet, south 75 degrees 55 minutes 3 seconds west 42.191 feet, north 82 degrees 8 minutes 28 seconds west 103.744 feet, north 85 degrees 28 minutes 33 seconds west 72.232 feet, north 82 degrees 16 minutes 8 seconds west 103.244 feet, north 83 degrees 40 minutes 19 seconds west 65.216 feet, north 72 degrees 3 minutes 3 seconds west 80.743 feet, north 72 degrees 3 minutes 4 seconds west 89.868 feet across an unnamed stream, north 78 degrees 12 minutes 27 seconds west 38.555 feet, south 86 degrees 25 minutes 9 seconds west 49.34 feet, south 63 degrees 16 minutes 59 seconds west 53.589 feet, south 59 degrees 16 minutes 25 seconds west 53.821 feet, south 14 degrees 31 minutes 29 seconds west 46.307 feet, south 25 degrees 3 minutes 48 seconds west 66.454 feet, south 1 degree 17 minutes 48 seconds east 90.707 feet, south 25 degrees 31 minutes 5 seconds east 30.483 feet, south 14 degrees 28 minutes 23 seconds east 56.319 feet, south 15 degrees 56 minutes 43 seconds east 47.397 feet, south 8 degrees 40 minutes 42 seconds east 46.287 feet, south 21 degrees 59 minutes 21 seconds west 20.557 feet, south 16 degrees 54 minutes 18 seconds east 23.647 feet, south 19 degrees 59 minutes 15 seconds east 49.539 feet, south 8 degrees 1 minute 57 seconds west 40.257 feet, south 0 degrees 35 minutes 32 seconds east 31.136 feet, south 27 degrees 7 minutes 50 seconds west 32.777 feet, south 31 degrees 35 minutes 46 seconds west 28.059 feet, south 35 degrees 12 minutes 7 seconds west 26.572 feet, south 8 degrees 20 minutes 1 second west 16.658 feet, south 10 degrees 14 minutes 49 seconds west 35.619 feet, south 12 degrees 52 minutes 47 seconds west 33.879 feet, south 40 degrees 42 minutes 36 seconds west 14.166 feet, south 6 degrees 17 minutes 6 seconds west 40.913 feet, south 9 degrees 30 minutes 39 seconds west 35.174 feet, south 54 degrees 34 minutes 51 seconds west 51.401 feet, south 0 degrees 8 minutes 24 seconds east 21.065 feet, south 6 degrees 0 minutes 22 seconds east 22.89 feet, south 46 degrees 41 minutes 6 seconds east 35.77 feet, south 6 degrees 28 minutes 37 seconds west 23.367 feet, south 22 degrees 38 minutes 51 seconds west 38.952 feet, south 47 degrees 57 minutes 46 seconds west 29.658 feet, south 25 degrees 9 minutes 4 seconds west 45.514 feet, south 27 degrees 40 minutes 20 seconds west 26.231 feet, south 1 degree 48 minutes 36 seconds west 9.848 feet, south 1 degree 48 minutes 36 seconds west 38.975 feet, south 36 degrees 43 minutes 30 seconds west 24.349 feet, south 30 degrees 24 minutes 26 seconds west 41.037 feet, south 87 degrees 0 minutes 56 seconds west 28.532 feet, south 17 degrees 34 minutes 9 seconds west 48.992 feet, south 16 degrees 26 minutes 34 seconds west 58.327 feet, south 16 degrees 27 minutes 51 seconds west 46.606 feet, south 7 degrees 49 minutes 36 seconds west 47.17 feet, south 44 degrees 33 minutes 41 seconds east 23.151 feet, south 36 degrees 8 minutes 41 seconds east 18.294 feet, south 31 degrees 53 minutes 33 seconds east 36.892 feet, south 79 degrees 19 minutes 2 seconds east 12.897 feet, north 73 degrees 39 minutes 43 seconds east 31.718 feet, south 89 degrees 36 minutes 12 seconds east 25.823 feet, south 48 degrees 8 minutes 55 seconds east 24.129 feet, south 16 degrees 3 minutes 27 seconds east 31.343 feet, south 39 degrees 42 minutes 49 seconds east 25.431 feet, south 84 degrees 0 minutes 36 seconds east 24.988 feet, south 9 degrees 15 minutes 16 seconds east 63.266 feet, south 3 degrees 10 minutes 14 seconds east 76.469 feet, south 15 degrees 47 minutes 55 seconds west 64.236 feet, south 20 degrees 46 minutes 38 seconds west 44.587 feet, south 33 degrees 29 minutes 52 seconds west 33.628 feet, south 14 degrees 30 minutes 37 seconds west 39.502 feet, south 28 degrees 46 minutes 7 seconds west 56.331 feet, south 33 degrees 29 minutes 2 seconds west 43.009 feet, south 9 degrees 18 minutes 34 seconds east 25.328 feet, south 26 degrees 8 minutes 42 seconds east 51.209 feet, south 14 degrees 10 minutes 4 seconds east 39.126 feet, south 46 degrees 0 minutes 52 seconds east 68.559 feet, south 27 degrees 57 minutes 36 seconds east 86.532 feet, south 22 degrees 23 minutes 3 seconds east 52.536 feet, south 1 degree 9 minutes 31 seconds west 63.057 feet, south 16 degrees 31 minutes 12 seconds east 15.666 feet, south 0 degrees 18 minutes 4 seconds east 15.981 feet, south 14 degrees 44 minutes 28 seconds east 24.339 feet, south 28 degrees 53 minutes 18 seconds east 30.809 feet, south 4 degrees 15 minutes 22 seconds east 16.082 feet, south 15 degrees 17 minutes 18 seconds east 16.79 feet, south 8 degrees 19 minutes 5 seconds west 24.885 feet, south 19 degrees 50 minutes 25 seconds west 20.266 feet, south 13 degrees 6 minutes 29 seconds west 14.446 feet, south 37 degrees 56 minutes 36 seconds west 14.422 feet, south 15 degrees 30 minutes 11 seconds west 14.517 feet, south 28 degrees 56 minutes 45 seconds west 23.619 feet, south 23 degrees 25 minutes 57 seconds west 14.399 feet, south 2 degrees 30 minutes 47 seconds east 29.055 feet, south 6 degrees 4 minutes 50 seconds west 25.453 feet, south 33 degrees 14 minutes 36 seconds west 25.107 feet, south 36 degrees 54 minutes 48 seconds west 19.343 feet, south 67 degrees 14 minutes 13 seconds west 18.559 feet, south 42 degrees 53 minutes 45 seconds west 20.098 feet, south 46 degrees 35 minutes 27 seconds west 22.921 feet, south 46 degrees 57 minutes 18 seconds west 26.523 feet, south 37 degrees 14 minutes 56 seconds west 28.818 feet, south 30 degrees 55 minutes 6 seconds west 23.805 feet, south 23 degrees 44 minutes 4 seconds west 17.173 feet, south 11 degrees 58 minutes 41 seconds west 26.422 feet, south 50 degrees 12 minutes 20 seconds west 29.446 feet, north 87 degrees 13 minutes 47 seconds west 29.217 feet, south 67 degrees 54 minutes 46 seconds west 64.64 feet, south 62 degrees 14 minutes 29 seconds west 55.914 feet, north 87 degrees 47 minutes 27 seconds west 55.298 feet, north 75 degrees 38 minutes 29 seconds west 53.792 feet, south 76 degrees 55 minutes 6 seconds west 54.505 feet, south 68 degrees 20 minutes 44 seconds west 65.179 feet, south 57 degrees 50 minutes 44 seconds west 57.749 feet, south 72 degrees 31 minutes 56 seconds west 87.227 feet, south 66 degrees 56 minutes 16 seconds west 96.424 feet, south 59 degrees 43 minutes 50 seconds west 77.988 feet, south 52 degrees 2 minutes 31 seconds west 74.007 feet, south 30 degrees 11 minutes 28 seconds west 61.016 feet, south 45 degrees 0 minutes 0 seconds west 108.03 feet across an unnamed stream, south 88 degrees 47 minutes 0 seconds west 35.001 feet, north 66 degrees 8 minutes 46 seconds west 17.001 feet, north 60 degrees 51 minutes 56 seconds west 50.666 feet, north 53 degrees 20 minutes 31 seconds west 63.719 feet, north 56 degrees 29 minutes 30 seconds west 46.944 feet, north 89 degrees 46 minutes 59 seconds west 34.816 feet, north 45 degrees 13 minutes 58 seconds west 31.958 feet, north 58 degrees 46 minutes 46 seconds west 33.788 feet, north 72 degrees 38 minutes 49 seconds west 67.805 feet, north 35 degrees 22 minutes 40 seconds west 40.8 feet, north 25 degrees 24 minutes 41 seconds west 38.42 feet, north 85 degrees 58 minutes 55 seconds west 57.009 feet, north 47 degrees 49 minutes 1 second west 35.068 feet, north 37 degrees 59 minutes 37 seconds west 32.72 feet, north 67 degrees 41 minutes 9 seconds west 20.603 feet, south 75 degrees 32 minutes 27 seconds west 41.146 feet, south 43 degrees 6 minutes 52 seconds west 45.442 feet, south 17 degrees 27 minutes 33 seconds west 39.612 feet, south 35 degrees 58 minutes 12 seconds west 21.049 feet, south 58 degrees 18 minutes 0 seconds west 66.224 feet, south 44 degrees 8 minutes 32 seconds west 77.276 feet, south 49 degrees 22 minutes 40 seconds west 19.907 feet, south 11 degrees 42 minutes 20 seconds west 27.974 feet, south 18 degrees 46 minutes 7 seconds west 72.523 feet, south 33 degrees 23 minutes 19 seconds west 34.581 feet, south 35 degrees 50 minutes 3 seconds west 60.974 feet, south 56 degrees 9 minutes 43 seconds west 33.37 feet, south 60 degrees 47 minutes 39 seconds west 28.342 feet, south 37 degrees 3 minutes 21 seconds west 42.636 feet, south 46 degrees 5 minutes 31 seconds west 52.042 feet, south 23 degrees 47 minutes 29 seconds west 36.579 feet, south 20 degrees 37 minutes 35 seconds west 66.489 feet, south 30 degrees 53 minutes 44 seconds west 46.734 feet, south 54 degrees 56 minutes 12 seconds west 34.486 feet, south 47 degrees 37 minutes 34 seconds west 18.699 feet, south 44 degrees 21 minutes 6 seconds west 57.411 feet, south 17 degrees 39 minutes 23 seconds west 24.129 feet, south 30 degrees 43 minutes 22 seconds west 44.852 feet, south 74 degrees 58 minutes 39 seconds west 44.179 feet, south 38 degrees 24 minutes 25 seconds west 50.441 feet, south 41 degrees 48 minutes 45 seconds west 37.359 feet, south 31 degrees 2 minutes 30 seconds west 64.271 feet, south 20 degrees 19 minutes 47 seconds west 39.058 feet, south 13 degrees 4 minutes 0 seconds west 57.081 feet, south 47 degrees 56 minutes 25 seconds west 40.513 feet, south 81 degrees 55 minutes 38 seconds west 26.478 feet, south 54 degrees 5 minutes 45 seconds west 44.156 feet, south 17 degrees 16 minutes 45 seconds west 39.763 feet, south 11 degrees 52 minutes 12 seconds west 37.917 feet across an unnamed stream, south 29 degrees 16 minutes 54 seconds west 41.034 feet, south 20 degrees 13 minutes 25 seconds west 47.707 feet, south 54 degrees 12 minutes 32 seconds west 56.368 feet, north 70 degrees 12 minutes 6 seconds west 40.172 feet, south 29 degrees 18 minutes 40 seconds west 36.697 feet, south 4 degrees 5 minutes 54 seconds west 36.989 feet, south 16 degrees 51 minutes 36 seconds east 14.63 feet, south 19 degrees 59 minutes 8 seconds west 45.8 feet, south 47 degrees 10 minutes 38 seconds west 27.276 feet, south 63 degrees 39 minutes 0 seconds west 47.673 feet, south 37 degrees 43 minutes 45 seconds west 31.258 feet, south 37 degrees 53 minutes 7 seconds west 35.953 feet, south 49 degrees 6 minutes 15 seconds west 39.252 feet, south 26 degrees 36 minutes 13 seconds west 36.956 feet, south 2 degrees 18 minutes 33 seconds east 44.884 feet, south 48 degrees 1 minute 3 seconds west 36.667 feet, south 55 degrees 41 minutes 21 seconds west 38.227 feet, south 30 degrees 26 minutes 46 seconds west 56.489 feet, south 51 degrees 58 minutes 34 seconds west 20.777 feet, south 23 degrees 44 minutes 42 seconds west 30.079 feet, south 67 degrees 49 minutes 54 seconds west 32.523 feet, south 27 degrees 16 minutes 40 seconds west 43.425 feet, south 12 degrees 56 minutes 37 seconds west 22.833 feet, south 46 degrees 34 minutes 15 seconds west 36.457 feet, south 72 degrees 28 minutes 9 seconds west 51.88 feet, north 89 degrees 52 minutes 33 seconds west 29.946 feet, south 86 degrees 51 minutes 31 seconds west 32.446 feet, north 48 degrees 0 minutes 41 seconds west 22.569 feet, north 66 degrees 29 minutes 5 seconds west 21.935 feet, south 86 degrees 2 minutes 22 seconds west 26.457 feet, north 87 degrees 40 minutes 41 seconds west 35.447 feet, north 72 degrees 47 minutes 18 seconds west 50.244 feet, north 87 degrees 4 minutes 58 seconds west 34.987 feet, north 85 degrees 56 minutes 50 seconds west 46.585 feet, south 22 degrees 0 minutes 53 seconds west 20.792 feet, south 33 degrees 10 minutes 32 seconds west 29.623 feet, south 7 degrees 17 minutes 59 seconds west 32.791 feet, south 12 degrees 27 minutes 49 seconds west 42.81 feet, south 1 degree 11 minutes 21 seconds east 67.614 feet, south 27 degrees 14 minutes 50 seconds west 50.758 feet, south 35 degrees 1 minute 38 seconds west 43.133 feet, south 0 degrees 17 minutes 26 seconds west 22.747 feet, south 59 degrees 30 minutes 55 seconds west 23.432 feet, south 26 degrees 25 minutes 5 seconds west 24.618 feet, south 14 degrees 15 minutes 3 seconds west 23.76 feet, south 65 degrees 36 minutes 53 seconds west 28.054 feet, south 56 degrees 18 minutes 11 seconds west 33.665 feet, south 63 degrees 57 minutes 11 seconds west 57.936 feet, south 51 degrees 28 minutes 50 seconds west 25.202 feet, south 64 degrees 20 minutes 29 seconds west 23.399 feet, south 28 degrees 54 minutes 26 seconds west 10.739 feet, south 21 degrees 32 minutes 18 seconds west 32.286 feet, south 39 degrees 27 minutes 12 seconds west 31.443 feet, south 53 degrees 44 minutes 42 seconds west 54.449 feet, south 84 degrees 41 minutes 31 seconds west 61.938 feet, south 57 degrees 21 minutes 38 seconds west 37.865 feet, south 64 degrees 8 minutes 22 seconds west 45.28 feet, south 71 degrees 42 minutes 11 seconds west 34.67 feet, south 49 degrees 56 minutes 56 seconds west 46.885 feet, south 43 degrees 30 minutes 2 seconds west 40.39 feet, south 54 degrees 34 minutes 35 seconds west 47.12 feet, south 27 degrees 8 minutes 48 seconds west 36.968 feet, south 69 degrees 37 minutes 57 seconds west 31.638 feet, north 75 degrees 50 minutes 55 seconds west 41.506 feet, south 71 degrees 3 minutes 39 seconds west 52.28 feet, north 89 degrees 28 minutes 8 seconds west 64.678 feet, south 84 degrees 7 minutes 26 seconds west 40.793 feet, south 47 degrees 39 minutes 36 seconds west 28.135 feet, south 74 degrees 16 minutes 47 seconds west 38.637 feet, south 30 degrees 37 minutes 53 seconds west 45.989 feet, south 53 degrees 20 minutes 46 seconds west 81.191 feet, south 37 degrees 38 minutes 26 seconds west 46.964 feet, south 2 degrees 38 minutes 36 seconds west 56.799 feet, south 9 degrees 40 minutes 51 seconds west 32.18 feet across Hardship Branch, south 24 degrees 8 minutes 35 seconds west 40.425 feet, south 30 degrees 16 minutes 20 seconds west 66.322 feet, south 31 degrees 26 minutes 7 seconds west 39.69 feet, north 82 degrees 25 minutes 1 second west 22.136 feet, north 80 degrees 54 minutes 16 seconds west 22.502 feet, south 73 degrees 29 minutes 2 seconds west 44.338 feet, south 62 degrees 3 minutes 57 seconds west 55.091 feet, south 82 degrees 55 minutes 59 seconds west 58.743 feet, south 71 degrees 51 minutes 15 seconds west 52.96 feet, north 88 degrees 16 minutes 4 seconds west 40.619 feet, south 68 degrees 39 minutes 35 seconds west 42.408 feet, to the point of ending on Pocomoke State Park’s “Trail of Change” 177132.027 feet north, 1762097.604 feet east (Maryland State plane grid system NAD83).</text> <text>Parcel 6A (Odachowski Tract):</text> <text>Beginning at 123.64 feet north 87 degrees 56 minutes 17 seconds west of a found iron pipe, then running 87 degrees 56 minutes 17 seconds west 1,100 feet to a point, then north 59 degrees 06 minutes 17 seconds west 481.73 feet to the shoreline of the Pocomoke River, then by and with the shoreline of the Pocomoke River in a northerly direction to 23 degrees 28 minutes 38 seconds east 2,669.73 feet, then by and with the lands now or formerly of Robert A. Raley the following courses: south 31 degrees 53 minutes 17 seconds east 851.13 feet to a found concrete monument, north 80 degrees 21 minutes 43 seconds east 1,430.88 feet, south 71 degrees 00 minutes 17 seconds east 300 feet, south 50 degrees 30 minutes 00 seconds west 1,357.73 feet to the center of a ditch, south 40 degrees 10 minutes 23 seconds west 930.65 feet to the center of a ditch, south 04 degrees 29 minutes 23 seconds west 587.61 feet to the point of beginning.</text> <text>Parcel 7 (Tract A):</text> <text>Beginning at the southeast intersection of River Road and a road on the eastern boundary line of Milburn Landing State Park, then running along the boundary of Milburn Landing State Park 3,000.00 feet more or less, to a point, then leaving the park boundary and running along the northwest side of said road 500.00 feet more or less, to the center of Milburn Branch, then running in a southeasterly direction along said creek in a southerly direction to its confluence with the Pocomoke River and the boundary line of Pocomoke State Forest, then running along the Pocomoke River in a southwesterly direction 1,000.00 feet more or less, to a point, then running in a northwesterly direction 400.00 feet to a point on the east side of a drive, then running along said drive in a northerly direction 1,000.00 feet more or less, to a point, then leaving said road and running, north 18 degrees 30 minutes 00 seconds west 1,060.00 feet more or less, to a point, then running north 12 degrees 30 minutes 00 seconds east 1,000.00 feet more or less, to a point, on the south side of River Road, then running along the south side of River Road to the point of beginning.</text> <text>Parcel 7 (Tract B):</text> <text>Beginning at a point on the southeast side of River Road at its intersection with the northeast boundary line of Pocomoke State Forest, then running in a southeasterly direction along said State forest boundary 1,300.00 feet more or less, to a point, then running in a southwesterly direction at a right angle to the Pocomoke State Forest boundary 375.00 feet more or less, then running parallel to the State forest boundary line in a northwesterly direction 1,300.00 feet to the south side of River Road, then running along the south side of River Road to the point of beginning.</text> <text>Parcel 8:</text> <text>Beginning at a point in the intersection of Corker’s Creek and a ditch running in a northwesterly direction, said point being in the northeastern boundary of Pocomoke State Forest and the Shad Landing State Park boundary line, then with said ditch in a northeasterly direction 700.00 feet more or less, then leaving said ditch and running in a southeasterly direction 850.00 feet to a State park loop road at a campground, then running along said road 4,000.00 feet more or less, to a point opposite a 90 degree bend in said road, then leaving the park road and running in a southwesterly direction 650.00 feet more or less, to Corker’s Creek, then running along Corker’s Creek in a northwesterly direction to the point of beginning.</text> <text>Parcel 9:</text> <text>Beginning at a point, said point being at the end of the 2nd line of a tract of land which by deed dated February 13, 1985 and recorded in Liber 1064, Folio 24 of the Land Records of Worcester County, was conveyed by Charles Timmons to the State of Maryland for the use of the Department of Natural Resources, then running with the 3rd, 4th, and 5th line of said tract of land and with the State forest boundary, south 43 degrees 15 minutes 28 seconds east 500.00 feet to an angle iron, then south 68 degrees 22 minutes 28 seconds east 460.72 feet to an angle iron, then south 46 degrees 44 minutes 49 seconds west 199.59 feet to an angle iron, then leaving said conveyance and running, south 42 degrees 07 minutes 00 seconds east 185.00 feet to an iron bar, then south 36 degrees 04 minutes 00 seconds east 317.00 feet to an iron bar, then north 53 degrees 23 minutes 00 seconds east 363.00 feet to an iron bar, then south 12 degrees 37 minutes 00 seconds east 250.00 feet more or less, to a point, then running, south 57 degrees 30 minutes 00 seconds east 2,100.00 feet more or less, to a point on the northwest side of a road, then running with the north side of said road in a southwesterly direction 450.00 feet to a point, then leaving said road and running, north 74 degrees 00 minutes 00 seconds west 1,200.00 feet to an iron bar, then running with the lines of a conveyance from Charles Timmons to the State of Maryland (Liber 788, Folio 390), north 41 degrees 07 minutes 00 seconds west 935.12 feet crossing over an iron bar at 156 feet, then running, south 79 degrees 55 minutes 00 seconds west 231.00 feet to a point, then running north 40 degrees 52 minutes 00 seconds west 264.00 feet to a point, then running north 60 degrees 49 minutes 00 seconds west 264.00 feet to a point, then running north 27 degrees 45 minutes 00 seconds east 82.50 feet to a point, then south 65 degrees 53 minutes 00 seconds west 132.00 feet to a point, then running north 84 degrees 37 minutes 00 seconds west 563.00 feet more or less, to an iron pipe, then running, north 18 degrees 00 minutes 00 seconds east 550.00 feet more or less, to the south side of the Pocomoke River, then running with said river to the point of beginning.</text> <text>Parcel 10:</text> <text>Beginning at the end of the 5th line of a tract of land surveyed by G. Oliver Morrell for John and Elisabeth Mohr on November 30, 1960, said tract of land conveyed by John and Elizabeth Mohr to the State of Maryland for the use of the Department of Natural Resources by a deed dated April 22, 1987, and recorded in Liber 1304, Folio 124 of the land records of Worcester County, and then running, north 29 degrees 59 minutes 00 seconds west 303.60 feet, then running north 72 degrees 22 minutes 40 seconds west 859.32 feet, then running north 60 degrees 03 minutes 10 seconds east 988.68 feet, then running north 38 degrees 32 minutes 20 seconds east 722.70 feet, then running south 83 degrees 05 minutes 50 seconds east 1,049.40 feet, then running south 79 degrees 59 minutes 30 seconds east 205.26 feet, then running north 39 degrees 09 minutes 30 seconds east 332.64 feet, then running north 87 degrees 34 minutes 50 seconds east 333.30 feet, then running south 54 degrees 43 minutes 30 seconds east 201.30 feet to a pipe, then running in a northeasterly direction with the south side of the marsh 5,500.00 feet more or less, to an old road, then running with the southwest side of said road in a southeasterly direction 1,000.00 feet more or less, to the intersection of a State forest road, then running with the northwest side of said road in a southwesterly direction 8,000.00 feet to the point of beginning.</text> <text>Parcel 11:</text> <text>All those six (6) tracts of land, situate, lying and being in the Second Election District of Worcester County, Maryland, and located south of Porter’s Crossing Road where it crosses the Pocomoke River.</text> <text>Tracts 1, 2, and 3 are described as follows:</text> <text>Beginning at a point on the west bank of the Pocomoke River at the point of intersection with Porter’s Crossing Road, then running with the south side of Porter’s Crossing Road in a westerly direction 1,203.40 feet more or less to a point, then running south 51 degrees 47 minutes 09 seconds west 426.84 feet to a concrete monument, then running south 88 degrees 25 minutes 03 seconds west 290.70 feet to a concrete monument, then running north 68 degrees 41 minutes 15 seconds west 129.73 feet to a concrete monument, then running south 79 degrees 15 minutes 20 seconds west 771.33 feet to a concrete monument, then running north 41 degrees 44 minutes 29 seconds west 420.79 feet to a concrete monument, then running north 36 degrees 52 minutes 07 seconds west 320.18 feet to a concrete monument, then running north 89 degrees 02 minutes 27 seconds west 277.60 feet to a concrete monument, then running north 82 degrees 57 minutes 18 seconds west 467.51 feet to a concrete monument, then running south 48 degrees 38 minutes 24 seconds west 233.48 feet to a concrete monument, then running south 56 degrees 03 minutes 45 seconds west 176.63 feet to a concrete monument, then running south 55 degrees 16 minutes 03 seconds east 259.02 feet to a concrete monument, then running south 06 degrees 18 minutes 33 seconds west 462.51 feet to a concrete monument, then running south 72 degrees 50 minutes 46 seconds west 24.38 feet to a concrete monument, then running north 77 degrees 50 minutes 18 seconds west 68.72 feet to a concrete monument, then running south 48 degrees 29 minutes 23 seconds west 1,696.22 feet to a concrete monument, then running south 41 degrees 10 minutes 49 seconds east 301.16 feet to a concrete monument, then running south 11 degrees 01 minutes 02 seconds west 247.59 feet to a concrete monument, then running south 06 degrees 59 minutes 09 seconds east 159.93 feet to a concrete monument, then running south 15 degrees 40 minutes 49 seconds west 429.34 feet to a concrete monument, then running south 47 degrees 07 minutes 49 seconds east 711.02 feet to a concrete monument, then running south 00 degrees 19 minutes 05 seconds west 130.74 feet to a concrete monument, then running south 22 degrees 51 minutes 02 seconds west 36.50 feet to a concrete monument, then running south 22 degrees 51 minutes 02 seconds west 67.75 feet to a point, then running south 48 degrees 05 minutes 53 seconds east 166.09 feet to a concrete monument, then running south 25 degrees 20 minutes 40 seconds east 360.65 feet to a concrete monument, then running south 07 degrees 24 minutes 41 seconds east 483.19 feet to a concrete monument, then running south 45 degrees 55 minutes 44 seconds west 282.71 feet to a concrete monument, then running south 34 degrees 03 minutes 58 seconds west 592.74 feet to a concrete monument, then running north 52 degrees 59 minutes 51 seconds west 879.12 feet to a concrete monument, then running south 45 degrees 02 minutes 46 seconds west 216.82 feet to a concrete monument, then running south 45 degrees 02 minutes 46 seconds west 185.17 feet to a point, then running south 42 degrees 08 minutes 00 seconds east 2305.00 feet to the Pocomoke River, then running with the west side of said river in a northeasterly direction 11,310.00 feet to the point of beginning.</text> <text>Tracts 4 and 5 are described as follows: beginning at a point, said point having Maryland State plane grid coordinates north 144,202.33 and east 1,273,168.00; and running from said point of beginning, south 04 degrees 55 minutes 46 seconds east 234.14 feet, then running north 57 degrees 55 minutes 46 seconds west 122.75 feet, then running north 39 degrees 55 minutes 46 seconds west 429.00 feet, then running north 17 degrees 55 minutes 46 seconds west 92.69 feet, to a point in the southerly line of Porter’s Crossing Road, then running with the southerly line of said road 477.31 to the point of beginning.</text> <text>Beginning at a point on the east bank of the Pocomoke River and on the south side of Porter’s Crossing Road, said point having Maryland State plane grid coordinates north 146,120.03 and east 1,270,174.10; and running with the east bank of the river, south 15 degrees 49 minutes 14 seconds west 67.98 feet, then running south 05 degrees 39 minutes 08 seconds west 139.17 feet, then leaving the river and running south 07 degrees 05 minutes 11 seconds east 90.00 feet, then running south 51 degrees 50 minutes 58 seconds east 27.00 feet, then running south 12 degrees 55 minutes 46 seconds west 215.00 feet, then running south 89 degrees 55 minutes 46 seconds east 222.00 feet, then running south 69 degrees 10 minutes 46 seconds east 792.00 feet, then running parallel with an old mill ditch the following courses: south 39 degrees 55 minutes 46 seconds east 99.00 feet, then running south 05 degrees 55 minutes 46 seconds east 165.00 feet, then running south 75 degrees 55 minutes 46 seconds east 165.00 feet, then running south 50 degrees 55 minutes 46 seconds east 594.00 feet, then running north 88 degrees 04 minutes 14 seconds west 495.00 feet, then running south 74 degrees 10 minutes 46 seconds west 132.00 feet, then running south 44 degrees 55 minutes 46 seconds east 99.00 feet, then running south 17 degrees 55 minutes 46 seconds east 132.00 feet, then running south 53 degrees 55 minutes 46 seconds east 78.54 feet, then running north 45 degrees 04 minutes 14 seconds east 102.68 feet, to a point on the south side of Porter’s Crossing Road, then running with said road in a northwesterly direction 1,369.89 feet more or less, to a point, then leaving said road and running, south 51 degrees 01 minutes 51 seconds west 297.98 feet to an iron pipe, then running north 13 degrees 12 minutes 26 seconds west 173.90 feet, then running north 17 degrees 59 minutes 52 seconds east 260.50 feet, to the south side of Porter’s Crossing Road, then running with said road northwesterly 1,558.97 feet to the point of beginning.</text> <text>Saving and excepting all portions of the Pocomoke River.</text> <text>Tract 6 is described as follows:</text> <text>Beginning for the same at a point located on the northern side of the existing wooden bridge where Porter’s Crossing Road crosses the centerline of the Pocomoke River at the beginning of line 1 as shown on a plat entitled “Boundary Survey Lands of Joyce D. Quillen” recorded in the land records of Worcester County, Maryland in Plat Book S.V.H. 225 Folio 34, then running by and with the north side of Porter’s Crossing Road in a westerly direction a distance of 1,156.00 feet to an iron rod with cap set, then north 39 degrees 48 minutes 31 seconds east a distance of 573.54 feet to an iron rod with cap set, then north 45 degrees 54 minutes 32 seconds east 309.54 feet to an iron rod with cap set, then north 44 degrees 33 minutes 31 seconds east 238.92 feet to an iron pipe found, then north 27 degrees 13 minutes 31 seconds east 105.60 feet to an iron rod with cap set, then north 0 degrees 27 minutes 37 seconds west 49.73 feet to an iron pipe found, then north 37 degrees 27 minutes 58 seconds west 271.09 feet to an angle iron found, then north 8 degrees 26 minutes 27 seconds west 435.58 feet to an iron rod with cap set, then south 89 degrees 33 minutes 31 seconds west 122.86 feet to an iron rod with cap set, then north 0 degrees 33 minutes 52 seconds west 24.00 feet to an iron rod with cap set, then north 89 degrees 33 minutes 31 seconds east 616.73 feet to an iron rod with cap set, then north 21 degrees 17 minutes 58 seconds east 938.62 feet to an iron rod with cap set, then north 74 degrees 40 minutes 31 seconds east 214.50 feet to an iron rod with cap set, then south 63 degrees 4 minutes 29 seconds east 544.50 feet to a concrete monument found, then north 55 degrees 50 minutes 31 seconds east 167.14 feet to a concrete monument found, then south 77 degrees 19 minutes 29 seconds east 629.02 feet to the centerline of the Pocomoke River, then by and with the centerline of the Pocomoke River a distance of 4,172 feet, more or less to the point of beginning, containing 89.92 acres of land more or less.</text> <text>Being the same parcel of land situate, lying and being in the Second Election District of Worcester County, Maryland, and being located on and binding upon the north side of Porter’s Crossing Road, conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources by deed dated July 26, 2012 and recorded among the land records of Worcester County, Maryland in Liber S.V.H. 5944, Folio 272.</text> </level> <level label="2"> <text>Within the part of Pocomoke River Wildland lying north of the Pocomoke River and east of Milburn Landing area, Pocomoke River State Park, safety zone signs may be posted to protect the State park camping area in hunting seasons.</text> </level> </level> <level label="e"> <text>If a county or State road is the boundary of any area designated a wildland pursuant to subsection (a) of this section, the county or State is exempt from the requirement to obtain approval from the General Assembly for activities within the wildland, which are 200 feet of the road edge, if they are necessary for the maintenance or improvement of the roadway for public safety. These activities are subject to normal review, permit, and approval actions as required by law.</text> </level> <level label="e–1"> <text>Notwithstanding any other provision of this Part II of this subtitle, the designation of an area as a wildland may not be construed to preclude:</text> <level label="1"> <text>The normal maintenance of an electrical transmission line, distribution line, telephone line, natural gas line, or other above ground or underground line, or of any easement held in conjunction with such line, in the manner such line or easement is normally maintained; or</text> </level> <level label="2"> <text>The upgrading or expansion of any electrical transmission line, distribution line, telephone line, natural gas line, or other above ground or underground line if the person responsible for the line had the right, subject to any required approval, to upgrade or expand the line in the designated area immediately before the designation of the area as wildlands.</text> </level> </level> <level label="f"> <text>Any activities related to the maintenance of existing public drainage within Worcester County is exempt from the requirement to obtain approval from the General Assembly. These activities are subject to normal review, permit, and approval actions as required by law.</text> </level> <level label="g"> <text>Pursuant to the provisions of subsection (a) of this section, that property situated in Frederick County containing approximately 4,397 acres and designated as follows, is a Type 1 State wildland, and shall be named, “The Cunningham Falls State Park Wildland”.</text> <text>Beginning for the first of two parts at a point approximately 420 feet southwesterly of the intersection of Maryland Route 77 and Catoctin Hollow Road, that point lying on the east side of the latter road at the southern margin of Big Hunting Creek. Thence proceeding downstream with the southern margin and the meanders of the creek, southeasterly approximately 100 feet, thence northeasterly approximately 1,000 feet, thence southeasterly approximately 460 feet, then southerly approximately 200 feet, thence southeasterly approximately 1,700 feet, thence southerly approximately 1,400 feet, thence easterly approximately 1,350 feet to bridge carrying Maryland Route 77 over Big Hunting Creek. Thence leaving the creek and running with southern margin of the right–of–way of Maryland Route 77 still easterly 1,600 feet, southerly approximately 1,700 feet and easterly 2,500 feet. Then leaving Maryland Route 77 and running with the boundary of Cunningham Falls State Park southwesterly approximately 200 feet, westerly 700 feet, southerly approximately 750 feet, easterly 700 feet, southerly approximately 200 feet, westerly 1,200 feet, southerly 300 feet, westerly approximately 1,250 feet, northerly 250 feet, westerly approximately 1,550 feet, southwesterly approximately 400 feet to a cleared power line right–of–way. Thence leaving the State park boundary running with the northern margin of the power line generally westerly approximately 3,200 feet to private land; leaving power line and with the private land northeasterly approximately 950 feet, westerly approximately 300 feet southwesterly in two courses 950 feet again to the power line. Then leaving private land and running again with the northern margin of the power line approximately 1,050 feet, then leaving the power line and cutting across State park property generally northerly in three courses 1,200 feet to the east margin of Catoctin Hollow Road. Then running with the road approximately 4,500 feet to the beginning containing approximately 535 acres.</text> <text>Beginning for a second and separate part at a point, said point being the beginning of the ninth line in a deed recorded among the land records of Frederick County, Maryland in Liber 9503, Folio 92 from the Commissioners of Thurmont to the State of Maryland, Department of Natural Resources, said point having the coordinate value north 669865.75, east 1187614.44 (Maryland State plane grid system NAD83), and running north 13 degrees 57 minutes 48 seconds east 225.71 feet, north 59 degrees 30 minutes 14 seconds west 231.00 feet, north 23 degrees 29 minutes 46 seconds east 1453.50 feet, then running with the southern margin of the power line, generally easterly approximately 6,600 feet, then southerly approximately 1,750 feet to a common corner of the Commissioners of Thurmont property and the property of the State of Maryland, then running north 40 degrees 13 minutes 44 seconds west 905.55 feet to a point, said point having the coordinate value north 708716.84, east 1189592.00 (Maryland State plane grid system NAD83), then running with the common boundary of the Commissioners of Thurmont property and the property of the State of Maryland the following 7 courses: south 78 degrees 53 minutes 49 seconds west 1573.18 feet, south 37 degrees 54 minutes 37 seconds west 813.35 feet, south 57 degrees 52 minutes 54 seconds east 836.04 feet, south 82 degrees 23 minutes 06 seconds east 2524.79 feet, south 21 degrees 15 minutes 08 seconds east 874.60 feet, north 84 degrees 44 minutes 51 seconds west 132.00 feet, south 20 degrees 15 minutes 09 seconds west 132.00 feet to a point, said point having the coordinate value north 706064.64, east 1190263.74 (Maryland State plane grid system NAD83), then leaving the said conveyance from the Commissioners of Thurmont to the State of Maryland, Department of Natural Resources and then running across State park property generally southerly approximately 3,550 feet, southwesterly approximately 2,050 feet, southerly approximately 2,100 feet to a point, said point being the beginning of the fourth line of parcel one in a deed recorded among the land records of Frederick County, Maryland in Liber 9493, Folio 163 from Trout Run LLC to the State of Maryland, Department of Natural Resources, said point having the coordinate value north 669865.75, east 1187614.44 (Maryland State plane grid system NAD83), then running with said conveyance, north 51 degrees 21 minutes 37 seconds east 337.42 feet, north 55 degrees 44 minutes 15 seconds east 244.77 feet, north 85 degrees 56 minutes 58 seconds east 274.44 feet, south 68 degrees 02 minutes 15 seconds east 260.49 feet, south 51 degrees 50 minutes 38 seconds east 260.26 feet, south 27 degrees 07 minutes 59 seconds east 548.27 feet, south 22 degrees 55 minutes 47 seconds west 347.65 feet, north 84 degrees 03 minutes 46 seconds west 261.09 feet, south 74 degrees 28 minutes 06 seconds west 432.00 feet, south 78 degrees 43 minutes 06 seconds west 367.50 feet, south 47 degrees 13 minutes 06 seconds west 176.97 feet, north 68 degrees 24 minutes 55 seconds east 777.00 feet, south 33 degrees 46 minutes 22 seconds west 275.92 feet, south 01 degrees 28 minutes 44 seconds west 637.04 feet, south 27 degrees 54 minutes 24 seconds west 368.55 feet, south 74 degrees 14 minutes 54 seconds west 258.20 feet, south 66 degrees 24 minutes 01 seconds west 367.87 feet, north 71 degrees 19 minutes 06 seconds west 311.22 feet, north 79 degrees 51 minutes 14 seconds west 374.81 feet, south 63 degrees 43 minutes 55 seconds west 119.54 feet, north 75 degrees 20 minutes 13 seconds west 304.38 feet, south 13 degrees 11 minutes 18 seconds west 133.42 feet, south 55 degrees 35 minutes 58 seconds east 316.81 feet, south 61 degrees 37 minutes 43 seconds east 302.65 feet, south 61 degrees 37 minutes 43 seconds east 302.65 feet, south 70 degrees 13 minutes 25 seconds east 249.17 feet, south 71 degrees 00 minutes 24 seconds east 301.53 feet, south 73 degrees 58 minutes 30 seconds east 294.91 feet, north 82 degrees 49 minutes 01 seconds east 222.95 feet, north 03 degrees 59 minutes 36 seconds west 114.82 feet, south 88 degrees 50 minutes 31 seconds east 605.09 feet, south 10 degrees 20 minutes 18 seconds east 549.49 feet, south 85 degrees 22 minutes 28 seconds west 834.31 feet to a point, said point having the coordinate value north 696882.02, east 1186108.26 (Maryland State plane grid system NAD83), then leaving said conveyance from Trout Run LLC to the State of Maryland, Department of Natural Resources and running south 15 degrees 42 minutes 37 seconds west 592.68 feet more or less, south 50 degrees 17 minutes 23 seconds west 1082.40 feet more or less, then easterly approximately 450 feet, northerly approximately 2,400 feet, easterly approximately 1,150 feet to a point on the State park boundary lying southerly approximately 1,000 feet from the intersection of U.S. Route 15 and Catoctin Hollow Road, then running along the State Park Boundary southerly 3,200 feet, westerly 150 feet, southwesterly 850 feet, southerly 1,350 feet, easterly 625 feet, southerly 1,200 feet, southwesterly 2,960 feet, southeasterly 1,850 feet, southerly 2,400 feet, then westerly 3,800 feet, then northerly by twelve courses approximately 10,800 feet to a point, said point being the beginning of the thirty–fifth line of parcel two in a deed recorded among the land records of Frederick County, Maryland in Liber 9493, Folio 163 from Trout Run LLC to the State of Maryland, Department of Natural Resources, said point having the coordinate value north 695055.31, east 1183665.60 (Maryland State plane grid system NAD83), then running with said conveyance north 43 degrees 26 minutes 09 seconds west 654.61 feet, north 23 degrees 17 minutes 49 seconds west 264.16 feet, north 60 degrees 30 minutes 21 seconds west 1409.17 feet, then leaving said conveyance from Trout Run LLC to the State of Maryland, Department of Natural Resources, and running the following courses and distances, north 81 degrees 34 minutes 28 seconds west 476.82 feet, south 60 degrees 44 minutes 49 seconds west 279.32 feet, north 84 degrees 52 minutes 51 seconds west 298.10 feet, north 65 degrees 45 minutes 18 seconds west 230.41 feet, north 82 degrees 57 minutes 48 seconds west 254.53 feet to a point, said point intersecting the north 27 degrees 09 minutes 38 seconds east 3058.78 foot line of said conveyance from Trout Run LLC to the State of Maryland, Department of Natural Resources, and running with the remainder of said line 2,953.53 feet, then running south 71 degrees 36 minutes 40 seconds east 1213.38 feet, north 49 degrees 21 minutes 50 seconds east 374.81 feet, then leaving said conveyance from Trout Run LLC to the State of Maryland, Department of Natural Resources and running north 25 degrees 49 minutes 35 seconds west 724.05 feet more or less, north 28 degrees 21 minutes 50 seconds east 273.90 feet more or less, south 77 degrees 21 minutes 50 seconds west 683.10 feet more or less, south 60 degrees 21 minutes 50 seconds west 339.90 feet more or less, south 79 degrees 21 minutes 50 seconds west 410.52 feet more or less, south 26 degrees 05 minutes 53 seconds west 587.24 feet more or less to a point north of the northern margin of Catoctin Hollow Road, then running along the existing State Park boundary north 36 degrees 34 minutes 42 seconds west 477.55 feet more or less, north 34 degrees 01 minutes 45 seconds west 476.79 feet more or less, north 60 degrees 46 minutes 07 seconds west 1187.24 feet more or less, north 75 degrees 21 minutes 16 seconds west 671.45 feet more or less, north 28 degrees 27 minutes 00 seconds west 454.64 feet more or less, north 08 degrees 23 minutes 56 seconds west 1298.89 feet more or less, north 25 degrees 49 minutes 35 seconds west 724.05 feet more or less, north 26 degrees 00 minutes 03 seconds west 1096.58 feet more or less, north 55 degrees 42 minutes 24 seconds west 722.64 feet more or less, north 12 degrees 13 minutes 29 seconds west 833.42 feet more or less, north 24 degrees 45 minutes 11 seconds west 281.68 feet more or less, south 53 degrees 53 minutes 56 seconds west 1212.53 feet more or less, north 11 degrees 16 minutes 29 seconds east 2446.39 feet more or less, north 25 degrees 49 minutes 35 seconds west 724.05 feet more or less, north 09 degrees 29 minutes 30 seconds west 711.99 feet more or less, north 47 degrees 38 minutes 33 seconds east 1026.19 feet more or less, north 40 degrees 04 minutes 56 seconds west 956.82 feet more or less, north 52 degrees 57 minutes 05 seconds east 464.51 feet more or less, north 46 degrees 48 minutes 00 seconds east 525.75 feet more or less, south 73 degrees 25 minutes 15 seconds east 572.33 feet more or less, north 72 degrees 41 minutes 56 seconds west 1386.92 feet more or less, to a point, said point being the beginning of the twelfth line in the aforesaid conveyance from the Commissioners of Thurmont to the State of Maryland, Department of Natural Resources, said point having the coordinate value north 709830.19, east 1182371.72 (Maryland State plane grid system NAD83), and running with said conveyance reversed, south 73 degrees 01 minutes 51 seconds east 1308.09 feet, south 51 degrees 09 minutes 11 seconds east 198.00 feet, north 42 degrees 43 minutes 20 seconds east 802.07 feet to the point of beginning.</text> <text>Exempting the existing right–of–way of Catoctin Hollow Road.</text> </level> <level label="h"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Howard and Montgomery counties containing approximately 1579 acres and described as follows is a Type 2 State wildland and shall be named the “Patuxent River Wildland”:</text> <text>Parcel 1:</text> <text>Beginning at a point on the south shore of the Patuxent River at the eastern margin of the right–of–way of the Hipsley Mill Road, and proceeding counterclockwise about the boundary of the wildland area, southwesterly with said right–of–way margin approximately 3,050 feet to the southern boundary of Patuxent River State Park (hereafter the Park). Thence leaving Hipsley Mill Road and following said Park boundary southeasterly approximately 1,700 feet; thence leaving the Park boundary and with the forest bounding a field, on the right hand, easterly approximately 1,400 feet. Still with the forest edge southwesterly approximately 300 feet, thence easterly approximately 300 feet, thence southeasterly approximately 800 feet, thence southwesterly approximately 475 feet, again to the Park boundary. Thence with said Park boundary southeasterly approximately 550 feet. Then leaving the Park boundary and again with the forest edge northeasterly approximately 1,150 feet, southeasterly approximately 400 feet, southerly approximately 275 feet, thence southeasterly approximately 750 feet, thence northeasterly approximately 550 feet, thence southeasterly approximately 250 feet, thence northeasterly approximately 500 feet. Thence still with the forest edge southeasterly approximately 600 feet, thence southwesterly approximately 750 feet, thence easterly approximately 150 feet thence southerly approximately 250 feet, thence easterly approximately 900 feet. Thence again with the forest edge northeasterly approximately 1,100 feet, thence easterly approximately 300 feet, thence northeasterly approximately 1,400 feet, thence southeasterly approximately 650 feet, thence northerly approximately 1,050 feet, thence northeasterly approximately 550 feet, thence northerly approximately 420 feet to the Patuxent River. Thence crossing the river in a northwesterly direction approximately 100 feet. Thence with the forest edge and the river southeasterly approximately 300 feet; then leaving the river and following the forest edge northeasterly with a field on the right, approximately 150 feet thence northerly approximately 420 feet, thence northwesterly approximately 475 feet, thence northerly approximately 400 feet. Thence still with the forest edge easterly approximately 150 feet, thence northerly approximately 650 feet, thence westerly approximately 900 feet, thence northerly approximately 800 feet. Thence leaving the forest edge and cutting through a narrow neck of woods, still northerly approximately 200 feet, then again with the forest edge westerly approximately 550 feet. Again cutting through a neck of woods still westerly approximately 550 feet. Once again with the forest edge southwesterly approximately 450 feet, thence northwesterly approximately 1,175 feet, thence southerly approximately 500 feet, thence westerly with the forest edge approximately 300 feet, thence northeasterly approximately 1,375 feet, thence northwesterly approximately 375 feet, thence southwesterly approximately 650 feet, thence northeasterly approximately 450 feet, thence still with the forest edge easterly approximately 1,150 feet to the Park boundary. Thence with said Park boundary northeasterly approximately 825 feet, thence northwesterly approximately 700 feet, thence southwesterly approximately 800 feet, thence westerly approximately 350 feet, thence northwesterly approximately 275 feet to an old field. Thence with the field on the right hand and with the forest edge southwesterly approximately 375 feet, thence northwesterly approximately 425 feet to Hipsley Mill Road. Thence with Hipsley Mill Road southwesterly approximately 600 feet to the edge of an old field. Thence leaving Hipsley Mill Road and with the field on the right hand and with the forest edge southeasterly approximately 350 feet, thence southwesterly through a narrow neck of woods approximately 525 feet, thence still with the forest edge southeasterly approximately 1,150 feet, thence westerly approximately 300 feet, thence southeasterly approximately 500 feet thence southerly approximately 400 feet, thence easterly approximately 175 feet, thence with the field on the right hand and with the forest edge southerly approximately 550 feet, thence westerly approximately 200 feet, thence southwesterly approximately 475 feet, thence northwesterly approximately 250 feet, thence northerly approximately 500 feet. Thence still with the forest edge northerly approximately 350 feet, thence southerly approximately 550 feet, thence northwesterly approximately 1,600 feet to the Hipsley Mill Road. Thence with the eastern margin of said road right–of–way, southwesterly approximately 1,250 feet, thence southerly approximately 750 feet again crossing the Patuxent River to the beginning point.</text> <text>A twenty–five hundredths (0.25) of an acre parking area located approximately 50 feet northeast of the Patuxent River along the east side of Hipsley Mill Road shall be excluded from the Patuxent River Wildland.</text> <text>Parcel 2</text> <text>Beginning at a point, said point being the beginning of the 2nd line of a tract of land which by deed dated January 24, 1975, and recorded in the land records of Howard County in Liber 719, Folio 027, was conveyed by Wiley G. Griffith to the State of Maryland, to the use of the Department of Natural Resources, and running with said second line, south 69 degrees 25 minutes 30 seconds east 818.49 feet to a point, said point being the beginning of the eleventh line of a tract of land which by deed dated, June 26, 1969, and recorded in the land records of Howard County in Liber 513, Folio 289, was conveyed by Theron P. and Elizabeth Sager to the State of Maryland, to the use of the Department of Forest and Parks, and running with said line, south 70 degrees 50 minutes 20 seconds east 130.00 feet more or less to a point, north 16 degrees 30 minutes 00 seconds east 960.00 feet to a point on the southern edge of Annapolis Rock Road, thence running with the south side of said road in a easterly direction to the intersection and western edge of Hipsley Mill Road, thence running with the western edge of Hipsley Mill Road in a southwesterly direction 1800 feet to a point in the western edge of said road, said point also being distant north 36 degrees 46 minutes 30 seconds west 150.00 feet from a point located north 56 degrees 03 minutes 23 seconds west 20.00 from the end of the 33rd line of a tract of land which by deed dated, February 1, 1972, and recorded in the land records of Howard County in Liber 584, Folio 211, was conveyed by George G. and Sidney Ann Adams Wilson to the State of Maryland, to the use of the Department of Forests and Parks, and running thence, north 56 degrees 03 minutes 23 seconds west 890 feet more or less to a point in the 30th line of said aforementioned conveyance, thence running with part of said 30th line, south 28 degrees 39 minutes 20 seconds west 1200.00 feet more or less to a point, north 67 degrees 00 minutes 00 seconds west 650.00 feet more or less to a point, north 81 degrees 30 minutes 00 seconds west 800.00 feet more or less feet to a point, north 33 degrees 30 minutes 00 seconds east 300.00 feet more or less to a point, north 57 degrees 00 minutes 00 seconds west 430.00 feet more or less to a point, south 09 degrees 30 minutes 00 seconds west 550.00 feet more or less feet to a point, south 70 degrees 00 minutes 00 seconds east 930.00 feet more or less to a point, north 66 degrees 30 minutes 00 seconds east 270.00 feet more or less to a point, south 66 degrees 30 minutes 00 seconds east 840.00 feet more or less to a point, south 31 degrees 00 minutes 00 seconds east 450.00 feet more or less to a point on the west edge of Hipsley Mill Road, thence running with the west edge of said road 2850 feet more or less to a point, said point being distant north 76 degrees 02 minutes 12 seconds west 20.00 feet from the beginning of the first line of a tract of land which by deed dated, March 8, 1975, and recorded in the land records of Montgomery County in Liber 4633, Folio 650, was conveyed by William B. King to the State of Maryland, to the use of the Department of Natural Resources, and running thence, north 76 degrees 02 minutes 12 seconds west 56.51 feet to a point, north 67 degrees 22 minutes 12 seconds west 612.57 feet to a point, north 86 degrees 44 minutes 42 seconds west 219.50 feet to a point, said point being the end of the third line of said aforementioned conveyance from King, thence running, north 86 degrees 44 minutes 42 seconds west 221.81 feet to a point, said point being the end of the 11th line of a tract of land which by deed dated June 10, 1971, and recorded in the land records of Montgomery County in Liber 4081, Folio 247, was conveyed by Margaret Gallagher to the State of Maryland, to the use of the Department of Forest and Parks, and running thence with said eleventh line, north 66 degrees 36 minutes 14 seconds west 200.00 feet to a point, south 29 degrees 00 minutes 00 seconds west 1120.00 feet more or less to a point, north 83 degrees 00 minutes 00 seconds west 480.00 feet more or less to a point, said point being distant south 34 degrees 16 minutes 36 seconds 200.00 feet from the end of the 7th line of the last mentioned deed, thence running, south 07 degrees 00 minutes 00 seconds west 800.00 feet more or less to a point, said point being in the northernmost line of the PEPCO transmission line right of way, thence running along the northern line of said right of way in a northwesterly direction 580.00 feet more or less to a point, thence leaving said right of way and running north 11 degrees 00 minutes 00 seconds west 630.00 feet more or less to a point, said point being the end of the seventh line of a tract of land which by deed dated September 2, 1971, and recorded in the land records of Montgomery County in Liber 4118, Folio 689, was conveyed by A. W. Thompson to the State of Maryland, to the use of the Department of Forest and Parks, and running thence with the 8th, 9th and 10th line of the last mentioned deed, north 03 degrees 31 minutes 50 seconds west 305.50 feet to a point, north 50 degrees 13 minutes 45 seconds west 717.75 feet to a point, south 41 degrees 58 minutes 35 seconds west 492.54 feet to a point, said point being the end of the 1st line of a tract of land which by deed dated January 6, 1981, and recorded in the land records of Montgomery County in Liber 5641, Folio 156, was conveyed by Jerome W. and Ella Jean Cassidy to the State of Maryland, to the use of the Department of Natural Resources, and running thence with the 2nd, 3rd, 4th, 5th, 6th and 7th line of said deed, south 47 degrees 16 minutes 25 seconds east 656.72 feet to a point, south 47 degrees 16 minutes 25 seconds east 232.01 feet to a point, south 68 degrees 42 minutes 42 seconds west 76.83 feet to a point, north 75 degrees 29 minutes 58 seconds west 122.09 feet to a point, south 85 degrees 00 minutes 00 seconds west 208.00 feet to a point in the northernmost right of way line of PEPCO and running with said right of way in a northwesterly direction 2100.00 feet more or less to a point, said point being south 65 degrees 44 minutes 39 seconds east from the end of the 2nd line of a tract of land which by deed dated September 19, 1984, and recorded in the land records of Montgomery County in Liber 6566, Folio 868, was conveyed by Kenneth and Nancy Zastrow to the State of Maryland, to the use of the Department of Natural Resources, and running thence, north 08 degrees 30 minutes 45 seconds east 77.00 feet more or less to a point, north 13 degrees 18 minutes 12 seconds east 149.28 feet to a point, north 09 degrees 00 minutes 00 seconds 102.01 feet to a point, said point being the end of the 11th line of a tract of land which by deed dated September 2, 1971 and recorded in the land records of Montgomery County in Liber 4118, Folio 689, was conveyed by A. W. Thompson to the State of Maryland, to the use of the Department of Natural Resources, and running thence, north 46 degrees 12 minutes 00 seconds east 1537.00 feet to a point on the south bank of the Patuxent River, thence running with the south bank of said river in a northwesterly direction 300.00 feet more or less to a point on the east side of Madcap Road, thence running with the east side of Madcap Road in a northwesterly direction 600.00 feet more or less to a point on the easternmost line of a gas line right of way, thence running with the easternmost line of said right of way in a northerly direction 24000.00 feet more or less to a point, thence running north 88 degrees 00 seconds 00 minutes east 250.00 feet more or less to the beginning.</text> <text>Within this parcel of the Patuxent River Wildland are twenty (20) acres of leased agricultural land located off the west side of Hipsley Mill Road approximately 700 feet from the Patuxent River. This use may continue until December 31, 1998.</text> <text>Parcel 3</text> <text>Beginning at a point, said point being situated south 18 degrees 43 minutes 03 seconds west 859.29 feet from the beginning of the 12th line of a tract of land which by deed dated December 3, 1975, and recorded in the land records of Howard County in Liber 747, Folio 330, was conveyed by Howard and Mary Nicodemus to the State of Maryland, to the use of the Department of Forest and Parks, said point also being a corner of the previously established Patuxent River Wildland, and running thence, south 18 degrees 43 minutes 03 seconds west 400 feet more or less to a point, south 57 degrees 39 minutes 47 seconds east 935.90 feet to a point, south 69 degrees 09 minutes 01 seconds east 1,435.28 feet to a point, south 08 degrees 27 minutes 54 seconds west 400.00 feet more or less to a point in a line of the previously mentioned wildland, thence running with the outline of said wildland to the point of beginning.</text> <text>Within this parcel of the Patuxent River Wildland are thirty (30) acres of leased agricultural land immediately south of Cabin Branch. This use may continue until December 31, 1999.</text> <text>Parcel 4</text> <text>Beginning at a point, said point being the end of the 4th line of a tract of land which by deed dated March 10 1972, and recorded in the land records of Montgomery County in Liber 4193, Folio 797, was conveyed by Walter Tarlton Bryan to the State of Maryland, to the use of the Department of Forests and Parks, said point also being a corner of the previously established Patuxent River Wildland, and running thence, south 45 degrees 00 minutes 00 seconds west 450.00 feet more or less to a point, said point being in the northerly right of way of the PEPCO transmission line, thence running with said right of way in a northwesterly direction 2200.00 feet more or less to a point in a line of the aforementioned wildland, and running thence with the outline of said wildland to the point of beginning.</text> <text>Within this parcel of the Patuxent River Wildland are twenty (20) acres of leased agricultural land located along the PEPCO power line right of way approximately 2400 feet east of Hipsley Mill Road. This use may continue until December 31, 1998.</text> </level> <level label="2"> <text>Notwithstanding any other provision of this title, to preserve, maintain, study, research, and educate the public about the area’s ecological features and rare habitats, within the Patuxent River Wildland the Department may:</text> <level label="i"> <text>Retain, maintain, remove, or replace existing trails using mechanical or motorized equipment; and</text> </level> <level label="ii"> <text>Remove, replace, or dispose of nonnative species using mechanical or motorized equipment.</text> </level> </level> </level> <level label="i"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Baltimore County containing approximately 792 acres and described as follows is a Type 2 wildland, and shall be named the “Gunpowder Falls Wildland”:</text> <text>Beginning at a point near Falls Road Bridge over the Gunpowder Falls where the west margin of the falls right–of–way meets the south bank of the Gunpowder Falls: Thence with the outline of the proposed wildland in a clockwise direction by the following bearings and distances: With the right–of–way margin of the Falls Road, southwesterly approximately 2,100 feet, thence southerly approximately 1,650 feet, thence southwesterly approximately 4,300 feet to the Evna Road. Thence with the margin of said Evna Road northwesterly approximately 1,050 feet, thence westerly approximately 325 feet. Leaving the road, thence northerly approximately 300 feet, thence northwesterly approximately 700 feet and thence westerly approximately 1,000 feet to the Prettyboy Dam Road. Thence with the eastern margin of the Prettyboy Dam Road, northeasterly approximately 1,500 feet, thence easterly approximately 300 feet. Then leaving the road, southerly approximately 350 feet, thence easterly approximately 600 feet, northerly approximately 500 feet, thence easterly approximately 750 feet, thence northwesterly approximately 700 feet, thence southwesterly approximately 300 feet, thence westerly approximately 650 feet again to the Prettyboy Dam Road. Again with the eastern margin of said road, northerly approximately 700 feet, thence northeasterly approximately 300 feet, thence again northeasterly approximately 250 feet, thence northerly approximately 400 feet, thence northeasterly approximately 300 feet, thence leaving Prettyboy Dam Road easterly approximately 600 feet, thence northerly approximately 450 feet, thence southeasterly in two courses approximately 875 and 1,600 feet, thence northeasterly approximately 300 feet to the Gunpowder Falls. Thence crossing the Gunpowder Falls still northeasterly approximately 100 feet, thence northwesterly approximately 500 feet, thence northerly approximately 150 feet, thence northeasterly approximately 400 feet, thence northerly approximately 1,000 feet, thence westerly approximately 600 feet. Thence northerly in two courses approximately 100 and 1,350 feet again to the Prettyboy Dam Road. Then with the east margin of said road northeasterly approximately 875 feet. Thence leaving the road southeasterly approximately 225 feet, thence northeasterly approximately 575 feet, thence northwesterly approximately 125 feet, thence northeasterly approximately 825 feet, thence northerly approximately 300 feet, thence easterly approximately 300 feet, thence northeasterly in two courses approximately 200 and 250 feet, thence easterly approximately 250 feet. Thence southwesterly approximately 1,100 feet, thence easterly approximately 325 feet, thence southeasterly in three courses approximately 250, 250 and 200 feet. Thence easterly approximately 150 feet, thence northeasterly approximately 300 feet, thence southeasterly approximately 300 feet, thence northeasterly approximately 450 feet, thence easterly approximately 650 feet. Thence southeasterly in two courses of approximately 600 and 1,200 feet to the west margin of the Falls Road and with said margin southwesterly crossing the Gunpowder Falls approximately 2,350 feet to the beginning.</text> </level> <level label="2"> <text>Within part of the Gunpowder Falls Wildland is eight–tenths (0.8) of an acre of nonconforming use located approximately 1,600 feet northeast of Evna Road along the north side of Falls Road. This use may continue for a period not to exceed 20 years.</text> </level> <level label="3"> <text>A twenty–five hundredths (0.25) of an acre parking area located approximately 600 feet southwest of the Gunpowder River along the northwest side of Falls Road shall be excluded from the Gunpowder Falls Wildland.</text> </level> </level> <level label="j"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Allegany County containing approximately 943 acres and described as follows is a Type 2 State wildland and shall be named “Rocky Gap Wildland”:</text> <text>Beginning at a concrete monument with a brass disc in the top marked as United States Coast & Geodetic Station “Penmar” (Md State plane coordinates north 692383.265, east 333384.588) said monument being a Mason–Dixon marker at the top of Evitts Mountain, said monument also being at the end of the north 88 degrees 53 minutes 50 seconds west 3,536.66 foot line of a tract of land which by deed dated September 28, 1966 and recorded in Liber 402, Folio 391 of the land records of Allegany County was conveyed by inquisition from George and Loretta Coffman to the State of Maryland, then running south 88 degrees 53 minutes 50 seconds east 2,500.00 feet, then running south 28 degrees 15 minutes 00 seconds west 7,130.00 feet more or less, to a point of intersection with a stream, said stream being a tributary of Rocky Gap Run, and the Evitts Mountain Road, then running along said stream in a southwesterly direction, 1,550.00 feet more or less, to its intersection with Rocky Gap Run, then running with Rocky Gap Run in a southeasterly direction 400.00 feet more or less, to a point in said run, then leaving said run and running, south 16 degrees 25 minutes 00 seconds east 300.00 feet more or less, to a point, then running south 37 degrees 30 minutes 00 seconds west 180.00 feet more or less, to a point, then running south 25 degrees 15 minutes 00 seconds west 250.00 feet more or less, to a point, then running south 37 degrees 00 minutes 00 seconds west 330.00 feet more or less, to a point, then running south 63 degrees 30 minutes 00 seconds west 300.00 feet more or less, to a point, then running south 16 degrees 00 minutes 00 seconds west 350.00 feet more or less, to a point, then running south 13 degrees 30 minutes 00 seconds east 420.00 feet more or less, to a point on the north edge of the Old Hancock Road, then running along the north edge of said road in a southwesterly direction 3,000.00 feet more or less, to a point on the northeast edge of Rocky Gap Road, then running along the northeast edge of said road in a northwesterly direction 3,800.00 feet more or less, to a point, said point being distant 50.00 feet from the end of the 5th line of the second Parcel of a tract of land which by deed dated November 11, 1968, and recorded in Liber 427, Folio 154 of the land records of Allegany County, was conveyed by Leo J. Ruppert et al. to the State of Maryland, then running with the remainder of the 6th, and all of the 7th, 8th, and 9th lines of said conveyance, south 42 degrees 47 minutes 53 seconds east 272.33 feet to a point, then running south 61 degrees 03 minutes 56 seconds east 131.94 feet to a point, then running south 66 degrees 17 minutes 58 seconds east 379.39 feet to a point, then running south 61 degrees 21 minutes 24 seconds east 360.29 feet to a point, said point having Maryland State plane coordinates north 683519.30, east 327594.29, said point also being 33.70 feet from the end of the 1st line of the aforesaid conveyance from George and Loretta Coffman (Liber 401, Folio 391), then running with the remainder of the 1st line of the Coffman conveyance and then with the 50th through the 38th lines reversed, north 76 degrees 58 minutes 44 seconds east 362.30 feet to a point, then running north 76 degrees 58 minutes 46 seconds east 483.50 feet to a point, then running north 12 degrees 58 minutes 46 seconds east 223.38 feet to a point, then running north 81 degrees 43 minutes 13 seconds west 561.00 feet to a point, then running north 57 degrees 01 minutes 47 seconds west 1,154.31 feet to a point, then running north 68 degrees 23 minutes 57 seconds east 527.66 feet to a point on a rock, then running north 24 degrees 27 minutes 05 seconds east 1,820.45 feet to a stone pile, then running north 24 degrees 26 minutes 21 seconds east 1,683.12 feet to a point, then running north 26 degrees 13 minutes 19 seconds east 921.21 feet to a stone pile, then running north 27 degrees 47 minutes 28 seconds east 333.46 feet to a stone, then running north 12 degrees 16 minutes 11 seconds west 436.27 feet to a stone pile, then running north 00 degrees 49 minutes 21 seconds west 594.42 feet to a point on a rock, then running north 02 degrees 35 minutes 51 seconds east 462.01 feet to a point, then running north 69 degrees 49 minutes 59 seconds west 53.62 feet to a point, then running north 05 degrees 22 minutes 04 seconds east 513.18 feet to the end of the 1st line of a tract of land which by deed dated December 15, 1975 and recorded in Liber 483, Folio 236 of the land records of Allegany County was conveyed by William and Catherine Welsh to Mitchell Welsh, then running with the 2nd and 3rd lines of said conveyance as surveyed by Chapman Surveying, Inc. in 1984, south 50 degrees 42 minutes 35 seconds east 495.00 feet to a point, then running north 46 degrees 55 minutes 14 seconds east 2,000.89 feet to a 1/2 inch iron pin on the Mason–Dixon Line, then running along the Mason–Dixon Line north 82 degrees 12 minutes 35 seconds east 1,426.40 feet more or less, to the point of beginning.</text> <text>Saving and excepting from the above description the Evitts Mountain Road described as follows: beginning at the summit of Evitts Mountain east of a concrete monument with a brass disc in the top marked as United States Coast & Geodetic Station “Penmar” (Md State plane coordinates north 692383.265, east 333384.588) said monument being a Mason–Dixon marker, said monument also being at the end of the north 88 degrees 53 minutes 50 seconds west 3,536.66 foot line of a tract of land which by deed dated September 28, 1966 and recorded in Liber 402, Folio 391 of the land records of Allegany County was conveyed by inquisition from George and Loretta Coffman to the State of Maryland, then running 9,000.00 feet more or less, along the crest of Evitts Mountain in a southwesterly direction, then running 3,150.00 feet more or less, in a northeasterly direction to its intersection with a stream, said stream being a tributary of Rocky Gap Run.</text> </level> <level label="2"> <text>Nothing in this subsection shall be construed to or prevent any future development that may be planned by the Department within the area of Rocky Gap State Park that lies outside of and that is not part of the described “Rocky Gap Wildland”.</text> </level> </level> <level label="k"> <level label="1"> <text>Under the provisions of subsection (a) of this section, that property in Prince George’s County, containing approximately 610 acres and described as follows is a Type 2 State wildland and shall be named the “Belt Woods Wildland”:</text> <text>Beginning at a point, said point being the end of the 11th line of a tract of land which by deed dated, November 30 1984, and recorded in the land records of Prince George’s County in Liber 6041, Folio 249, was conveyed by the Mercantile Safe Deposit and Trust Company to the State of Maryland, to the use of the Department of Natural Resources, and running thence with the west side of Church Road in a southeasterly direction 1810 feet more or less to a point in the north west corner of the intersection of Church Road and Central Avenue, thence running along the northern right of way of Central Avenue in a westerly direction 2433 feet more or less to a point in the 7th line of the aforementioned deed, thence continuing along said right of way in a westerly direction 573 feet more or less to a point, thence running, north 05 degrees 50 minutes 10 seconds west 2977.54 feet to a point, north 32 degrees 10 minutes 26 seconds west 2093.66 feet to a point, north 27 degrees 43 minutes 31 seconds east 1899.67 feet to a point, north 02 degrees 46 minutes 07 seconds west 701.52 feet to a point, north 83 degrees 35 minutes 23 seconds east 2989.80 feet to a point, south 03 degrees 32 minutes 21 seconds east 1073.29 feet to a point, north 85 degrees 20 minutes 56 seconds east 737.15 feet to a point in the western right of way of Church Road, thence running with said right of way in a southerly direction 2700 feet more or less to a point in said right of way, thence running, north 81 degrees 00 minutes 00 seconds west 800 feet more or less to a point, south 13 degrees 00 minutes 00 seconds west 780 feet more or less to a point, south 81 degrees 00 minutes 00 seconds east 680 feet more or less to a point in the western right of way of Church Road, thence running with the western right of way of said road in a southwesterly direction 1230 feet more or less to the point of beginning.</text> </level> <level label="2"> <level label="i"> <text>Existing agricultural fields within the Belt Woods Wildland will be reforested or allowed to naturally revert to a forested condition according to a management plan developed for the area.</text> </level> <level label="ii"> <text>Agricultural leases may continue within the Belt Woods Wildland until such time as forestation occurs.</text> </level> <level label="iii"> <text>Notwithstanding any other provisions of this title, the Department may reforest existing fields using mechanical or motorized equipment.</text> </level> </level> <level label="3"> <level label="i"> <text>All existing structures including the barns, houses, sheds, and electric utility lines within the Belt Woods Wildland shall be allowed to remain in the wildland area.</text> </level> <level label="ii"> <text>Notwithstanding any other provisions of this title, the Department may allow the use of mechanical or motorized equipment to stabilize or remove existing structures and other existing debris from the wildland.</text> </level> </level> <level label="4"> <text>Notwithstanding any other provision of this title, in the Belt Woods Wildland the Department, with prior approval of the Maryland Historical Trust and after an internal departmental review, may authorize:</text> <level label="i"> <text>Archeological inventories, studies, and research that involve surface examination or limited subsurface sampling;</text> </level> <level label="ii"> <text>Salvage and excavation of archeological sites; and</text> </level> <level label="iii"> <text>Stabilization and restoration of historic structures existing as of December 1, 1985.</text> </level> </level> <level label="5"> <text>Prior to undertaking any activities on the Seton Belt Barn, the Department shall consult with the Maryland–National Capital Park and Planning Commission.</text> </level> <level label="6"> <level label="i"> <text>The Belt Woods Wildland contains unique ecological features including species sensitive to pressures caused by the burgeoning populations of nonnative and domesticated species.</text> </level> <level label="ii"> <text>Notwithstanding any other provisions of this title, the Department may, as called for in the management plan developed for the area, remove nonnative or domesticated species of plant or animals and erect fencing, gates, and signage associated with the protection and interpretation of unique ecological features.</text> </level> </level> </level> <level label="l"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Allegany County, containing approximately 2,645 acres described as follows is a Type 2 State wildland and shall be named the “Potomac Bends Wildland”:</text> <text>Parcel 1:</text> <text>Beginning on the shore of the Potomac River at the east boundary of the abandoned Western Maryland Railroad bed, now owned by the National Park Service, then following the Potomac shore upriver and around the entire sinuous peninsula to the east boundary of the south end of the property now owned by the National Park Service, then following the National Park Service boundary inland in first a northeasterly direction, then northwest to the Western Maryland Railroad bed, and then northeast following that boundary back to the point of beginning, meaning to include all State–owned and only State–owned lands within this described peninsula.</text> <text>The wildland excludes the approximately 23 acres privately owned by the Baltimore & Ohio Railroad.</text> <text>Parcel 2:</text> <text>Beginning at a point on the south side of the Oldtown Road at the junction of the Green Ridge hiking trail that leads from Oldtown Road to Lift Lock 59, then running south 30 degrees 25 minutes 15 seconds east 220.52 feet to a point, said point having the coordinate value 718444.17 north, 914431.67 east (Maryland State plane grid system NAD83), then running north 78 degrees 18 minutes 20 seconds east 232.59 feet, south 74 degrees 21 minutes 31 seconds east 96.52 feet, south 38 degrees 39 minutes 39 seconds east 166.64 feet, south 25 degrees 46 minutes 13 seconds east 359.17 feet, north 83 degrees 53 minutes 08 seconds west 104.69 feet, south 48 degrees 40 minutes 25 seconds west 287.14 feet, south 14 degrees 02 minutes 14 seconds west 76.64 feet, south 30 degrees 15 minutes 20 seconds west 154.95 feet, south 34 degrees 06 minutes 55 seconds east 278.41 feet, south 14 degrees 28 minutes 17 seconds east 119.03 feet, south 66 degrees 18 minutes 51 seconds east 231.14 feet, south 44 degrees 34 minutes 11 seconds east 950.04 feet to a point, said point having the coordinate value 716509.66 north, 915697.70 east (Maryland State plane grid system NAD83), then running south 28 degrees 34 minutes 21 seconds east 250.00 feet more or less to a point, said point being 1000.00 feet more or less north of the C&O Canal bed, and then running southeasterly keeping 1,000 feet north of the canal bed to the current State forest boundary, then with the boundary to a point on the Western Maryland Railroad, then with the railroad south to the C&O Canal property line, then running upstream with the boundary to the Devil’s Alley Road, then following in a northerly direction the road to its junction with Carroll Road and Devil’s Alley Run, then with Devil’s Alley Run or the Carroll Road, whichever is the most easterly to the Oldtown Road, then following the Oldtown Road to the beginning, only including lands that are State–owned and lands held by the State under certificates of reservation within this described Parcel, and also permitting the nonconforming use of a two–acre Parcel containing an archeological site at an abandoned home site located near the junction of Devil’s Alley Road and the C&O Canal boundary and a one–acre Parcel containing an existing observation structure and vista management area at Point Lookout.</text> <text>Exempting an area consisting of a one hundred foot strip in width extending approximately 1,200 feet along the east side of Carroll Road, the area is located beginning at a stream crossing of the road approximately 1,000 feet north of the Carroll Chimney and all other areas in this Parcel 2 designated or legally used for vehicle parking as of January 1, 1988.</text> <text>Any land held within this parcel by the State under a certificate of reservation is included in the Potomac Bends Wildland for so long as the certificate of reservation is in effect.</text> <text>Parcel 3:</text> <text>Beginning at the intersection of Mertens Avenue and Outdoor Club Road then following Mertens Avenue in an easterly direction to the right–of–way of the Western Maryland Railroad, then with the railroad in a southerly direction to the C&O Canal boundary, then with the boundary upstream approximately 17,650 feet to the intersection of Sand Flat Run, then continuing with the C&O Canal boundary to a point approximately 1,000 feet southwesterly of the junction of Sand Flat Run and the C&O Canal bed, then in a northeasterly direction maintaining a 1,000 foot distance from the canal bed to Outdoor Club Road, then with the easterly side of Outdoor Club Road to the place of beginning, including all State–owned lands and only lands that are State–owned within this described Parcel.</text> <text>Exempting all that portion of Outdoor Club Road contained in this Parcel 3 and all other areas in this Parcel 3 designated or legally used for vehicle parking as of January 1, 1988.</text> <text>Parcel 4:</text> <text>Beginning at a point where an unnamed forest service road intersects the Old Western Maryland Railroad north of Kessler Tunnel, then along the railroad to the Potomac River shore, then with the shore downstream to the C&O Canal boundary, then with the boundary to a point 1,000 feet from the bank of the river, then maintaining a 1,000 foot distance from the bank to the northerly edge of the unnamed service road, then with the road to the beginning.</text> <text>Exempting all areas in this Parcel 4 designated or legally used for vehicle parking as of January 1, 1988.</text> <text>Parcel 5:</text> <text>An island in the Potomac River of approximately 30 acres known as Mandy Brown Island located near the Western Maryland Railroad Bridge north of Kessler Tunnel.</text> <text>Parcel 6:</text> <text>Beginning at a point where the Tunnel Hill Road crosses the C&O Canal boundary at its easternmost point near the Tunnel Hill hiking trail then with the southern boundary of the road to the Western Maryland Railroad south of Kessler Tunnel, then with the railroad in a southwesterly direction to the shore of the Potomac River, then running upstream to the C&O Canal Park, then with the canal boundary northerly to the beginning.</text> <text>Exempting all areas in this Parcel 6 designated or legally used for vehicle parking as of January 1, 1988.</text> <text>Parcel 7:</text> <text>Beginning at a point, said point being the northeast corner of a tract of land designated as Potomac Bends Wildland Parcel 6, by subsection (l) of this section, then running in a northwest direction to a point where Parcel 6 intersects the east boundary of National Park Service land, then running in a northeast direction to a point where the east boundary of the National Park Service land intersects Potomac Bends Wildland, Parcel 4, then running in a southeast direction along the south boundary of the Potomac Bends Wildland, Parcel 4, to a point where the aforementioned line meets the west boundary of the abandoned Western Maryland Railroad bed, then running in a southwest direction along the west boundary of the abandoned Western Maryland Railroad bed to the point of beginning, meaning to include all State–owned and only State–owned lands within this described peninsula.</text> <text>Exempting all areas in this Parcel 7 designated or legally used for vehicle parking as of January 1, 1996.</text> <text>Parcel 8:</text> <text>Beginning at a point, said point having the coordinate value 710198.26 north, 908834.08 east (Maryland State plane grid system NAD83), and then running north 60 degrees 15 minutes 19 seconds east to a point of intersection with the C&O Canal boundary, then running with the C&O Canal boundary in a southeasterly direction to the west boundary of the abandoned western Maryland Railroad bed, then running in a southwesterly direction with said railroad property 3460.00 feet more or less to a point, then leaving said railroad property and running north 28 degrees 51 minutes 20 seconds west 800.00 feet more or less to a point, said point having the coordinate value 705850.51 north, 909248.83 east (Maryland State plane grid system NAD83), then running north 05 degrees 11 minutes 40 seconds west 473.91 feet, north 16 degrees 23 minutes 22 seconds west 253.43 feet, north 84 degrees 17 minutes 22 seconds west 143.73 feet, north 33 degrees 06 minutes 41 seconds west 392.71 feet, north 04 degrees 05 minutes 08 seconds east 401.47 feet, north 47 degrees 43 minutes 34 seconds west 425.22 feet, north 34 degrees 30 minutes 30 seconds west 277.69 feet, north 28 degrees 21 minutes 11 seconds west 582.49 feet, north 46 degrees 42 minutes 27 seconds east 659.85 feet, north 10 degrees 39 minutes 05 seconds east 312.61 feet, north 46 degrees 18 minutes 50 seconds west 504.05 feet, north 56 degrees 42 minutes 14 seconds west 378.39 feet, north 80 degrees 41 minutes 04 seconds west 843.49 feet, north 41 degrees 35 minutes 02 seconds east 339.42 feet, north 85 degrees 14 minutes 11 seconds east 344.43 feet, north 84 degrees 17 minutes 22 seconds west 143.73 feet, south 85 degrees 29 minutes 09 seconds east 545.16 feet, south 59 degrees 44 minutes 37 seconds east 397.37 feet, south 86 degrees 11 minutes 09 seconds east 215.00 feet, north 10 degrees 29 minutes 29 seconds west 392.71 feet to the point of beginning.</text> <text>Parcel 9:</text> <text>Beginning at a point, said point having the coordinate value 701890.57 north, 914601.32 east (Maryland State plane grid system NAD83), and then running south 23 degrees 48 minutes 18 seconds west 186.84 feet, south 13 degrees 20 minutes 52 seconds west 152.44 feet, south 13 degrees 52 minutes 47 seconds east 320.00 feet more or less to a point of intersection with the C&O Canal boundary, then running with the C&O Canal boundary in a northwesterly direction to a point of intersection of the C&O Canal Boundary and the easternmost right of way of the abandoned western Maryland Railroad bed, then running in a northerly direction with said railroad right of way 500.00 feet more or less to a point, then leaving said railroad right of way and running south 89 degrees 05 minutes 36 seconds east 220.42 feet to a point, said point having the coordinate value 704031.27 north, 909853.00 east (Maryland State plane grid system NAD83), then running south 50 degrees 11 minutes 43 seconds east 479.30 feet, south 62 degrees 59 minutes 18 seconds east 344.70 feet, south 57 degrees 27 minutes 15 seconds east 401.42 feet, north 62 degrees 24 minutes 07 seconds east 221.89 feet, north 52 degrees 51 minutes 09 seconds east 185.03 feet, north 11 degrees 37 minutes 58 seconds east 155.14 feet, north 48 degrees 30 minutes 10 seconds east 155.14 feet, north 67 degrees 00 minutes 38 seconds east 160.21 feet, south 73 degrees 36 minutes 41 seconds east 79.19 feet, south 43 degrees 01 minutes 33 seconds east 91.70 feet, south 29 degrees 40 minutes 03 seconds east 406.32 feet, south 27 degrees 36 minutes 05 seconds east 683.05 feet, south 60 degrees 58 minutes 46 seconds east 573.06 feet, south 70 degrees 27 minutes 14 seconds east 1388.51 feet, south 71 degrees 38 minutes 35 seconds east 590.66 feet to the point of beginning. </text> </level> <level label="m"> <text>In accordance with the provisions of subsection (a) of this section, the property in Calvert County containing approximately 1079 acres of land and described as follows is a Type 2 State wildland and shall be named the “Calvert Cliffs Wildland”:</text> <text>Beginning at a point 1700 feet northeast of the intersection of old Route 2/4 and Camp Canoy Road and proceeding in a clockwise direction around the wildland along the following approximate distances and directions: leaving the beginning point and running along Camp Canoy Road in a northeasterly direction 700 feet, then leaving the road and following the irregular northwest park boundary for 9 courses and distances back to Camp Canoy Road, then running in a northeasterly direction 842 feet to a private drive, then following the drive and the park boundary until it reaches the Chesapeake Bay, then running along the shoreline for 7050 feet more or less to the park’s easternmost point, then running along the southern border of the park to Route 497, then running northwest along Route 497 and the park boundary for 1092 feet more or less, then leaving Route 497 and following the irregular park boundary to the point of intersection with Maryland grid line 963,000 east, then leaving the park boundary and running directly north for 1650 feet to a park road, then running on the north side of the park road in a northwesterly direction for 2000 feet, then leaving the road and running north 40 degrees east 700 feet, then north 350 feet then north 40 degrees west for 2100 feet to the point of beginning.</text> <text>Exempting a corridor of 30 feet from either side of the existing park service road to the youth camping area.</text> <text>Exempting a corridor of 30 feet from either side of the park service road to the Chesapeake Bay and also the park road leading to the three existing structures southeast of the tidal marsh. Also exempting an area around each of these structures extending 30 feet from the structures’ exterior walls. Uses will be limited to conservation education and research.</text> <text>Exempting a parcel beginning at a point on the park road leading to Camp Canoy, the point being 1800 feet southeast of the intersection of the park road and the private drive off of Camp Canoy Road and running the following courses and distances: northeast 800 feet, then southeast 2800 feet, then southwest 1000 feet, then northwest 2200 feet to the point of beginning.</text> </level> <level label="n"> <level label="1"> <text>In accordance with the provisions of subsection (a) of this section, the property in Baltimore County within North Point State Park containing approximately 667 acres of land and described as follows is a Type 2 State wildland and shall be named the “Black Marsh Wildland”:</text> <text>Parcel 1:</text> <text>Beginning at a point on the northeast corner of the intersection between Route 20 and an existing haul road, then following the east side of Route 20 northeasterly for 305 feet to a point, then following the boundary of North Point State Park along 4 courses generally northeasterly to the intersection of the boundary with the south side of Miller’s Island Road, then following the south side of Miller’s Island Road easterly for 5,910 feet to the south corner of the intersection between Miller’s Island Road and Baylight Road, then following the south side of Baylight Road easterly for 1,356 feet to the point of intersection between Baylight Road and the boundary of North Point State Park generally southwesterly along 6 courses to the mean high water line of the Chesapeake Bay, then following the mean high water line of the Chesapeake Bay southwesterly for 8,828 feet to a point, then leaving the shoreline and extending northwesterly in 4 courses of 696.91 feet (north 56 degrees, 52 minutes, 30 seconds west), 200.75 feet (north 18 degrees, 37 minutes, 43 seconds east), 115.91 feet (north 20 degrees, 33 minutes, 41 seconds west), and 378.05 feet (north 48 degrees, 33 minutes, and 58 seconds west) to a point on the southeast side of Bay Shore Road, then following the southeast side of Bay Shore Road northeasterly for 1,521.5 feet and continuing along the northeast side of Bay Shore Road northwesterly for 2,135 feet to a point, then following a north, northeast arc for 976 feet to the east edge of the aforementioned, existing haul road, and then following the east, northeast side of the haul road for 2,016 feet to the point of beginning.</text> <text>Parcel 2:</text> <text>Beginning at the southeast corner of the intersection between Route 20 and the aforementioned existing haul road, then following the southwest, west side of the haul road southerly for 2,649 feet to the north corner of the intersection between the haul road and Bay Shore Road, then following the northeast side of Bay Shore Road northwesterly for 248 feet to the east corner of the intersection between Bay Shore Road and Route 20, and then following the east side of Route 20 northeasterly to the point of beginning.</text> <text>Parcel 3:</text> <text>Beginning at the intersection between the boundary of North Point State Park and the north side of Miller’s Island Road, then following the park boundary in 8 courses to the mean high water line on the south shore of Back River, then following the mean high water line of Back River easterly for 2,980 feet to the intersection between the mean high water line and the boundary of North Point State Park, then following the boundary of North Point State Park generally southeasterly in 3 courses to the intersection of the park boundary with the north side of Miller’s Island Road, and then following the north side of Miller’s Island Road westerly for 5,894 feet to the point of beginning.</text> </level> <level label="2"> <text>For purposes of this subsection, a 60–foot wide park access corridor shall be recognized between Parcel 1 and Parcel 2. The corridor shall be defined as 30 feet from each side of the centerline of the existing haul road. The surface of the park access road to be placed in the corridor shall be no more than 24 feet in width.</text> </level> <level label="3"> <text>Notwithstanding any other provision of this title, the Department may:</text> <level label="i"> <text>Convert existing dirt roads in Parcel 1 of the Black Marsh Wildland to pedestrian trails of not more than 8 feet in width, and vehicular use of the trails shall be limited to construction and maintenance operations of the Department;</text> </level> <level label="ii"> <text>Construct no more than 2 viewing platforms adjacent to trails for public observation of areas with value for education, research, and appreciation of natural resources; and</text> </level> <level label="iii"> <text>Establish temporary access roads to the shoreline in Parcels 1 and 3 solely for the purpose of shoreline stabilization, provided that:</text> <level label="1"> <text>A comprehensive study, with opportunity for citizen input, is conducted on the necessity and methods for shoreline stabilization and that opportunities for nonstructural and offshore stabilization are considered the highest priority;</text> </level> <level label="2"> <text>The use of any access road is demonstrated to be necessary to accomplish the required stabilization; and</text> </level> <level label="3"> <text>After the completion of any shoreline stabilization, any access road shall be removed immediately and the area used for the access road shall be allowed to revert to its natural conditions.</text> </level> </level> </level> </level> <level label="o"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Somerset County containing approximately 2,880 acres and described as follows is a Type 2 State wildland and shall be named the “Cedar Island Wildland”:</text> <text>Beginning for the same, at a post set up in the shore by the southerly side of the Little Annemessex River, at the mouth of a cove or small creek, lying to the west side of Broad Creek, said post being the beginning of a tract called “The Re–survey of Broad Neck” described in a patent from the State of Maryland to Oliver S. Horsey, dated August 27, 1891, and recorded in Liber W.R.H. no. 2, Folio 371, in the State Archives; the said tract being the same and identical tract conveyed to the State of Maryland by Sifford Pearre and Angelica Y. Pearre, his wife, and Phillip L. Poe and Grace Morris Poe, his wife, by a deed dated March 31, 1949 and recorded in the land records of Somerset County, Maryland in Liber 146, Folio 154. Said post also being the beginning of a tract of land called “Broad Creek North West”. Then leaving said post and running by and with the 1st line of “Broad Creek North West” south 50 degrees 00 minutes 00 seconds east 5,540.00 feet to a post set up by the northerly side of “the prong” of the said Broad Creek, then running, south 47 degrees 00 minutes 00 seconds east 1980.00 feet across the said prong to Broad Creek, thence down and with the westerly side of Broad Creek, and binding thereon, the following eight (8) courses and distances: south 37 degrees 00 minutes 00 seconds east 841.50 feet to a point, then running north 78 degrees 00 minutes 00 seconds east 577.50 feet to a point, then running south 03 degrees 00 minutes 00 seconds east 511.50 feet to a point, then running south 22 degrees 00 minutes 00 seconds west 429.00 feet to a point, then running south 07 degrees 00 minutes 00 seconds east 726.00 feet to a point, then running south 12 degrees 30 minutes 00 seconds west 907.50 feet to a point, then running south 41 degrees 00 minutes 00 seconds west 280.50 feet to a point, then running south 09 degrees 00 minutes 00 seconds east 825.00 feet to the mouth of the said Broad Creek, at Pocomoke Sound, thence by and with the shore of the said Pocomoke Sound, Cedar Straights and Tangier Sound, and binding thereon, to the mouth of the aforesaid Little Annemessex River, as follows, viz: south 76 degrees 00 minutes 00 seconds west 660.00 feet to a point, then running south 50 degrees 00 minutes 00 seconds west 775.50 feet to a point, then running south 06 degrees 00 minutes 00 seconds west 313.50 feet to a point, then running south 56 degrees 00 minutes 00 seconds west 676.50 feet to a point, then running north 76 degrees 00 minutes 00 seconds west 874.50 feet to a point, then running south 66 degrees 00 minutes 00 seconds west 280.50 feet to a point, then running south 03 degrees 00 minutes 00 seconds west 330.00 feet to a point, then running north 60 degrees 00 minutes 00 seconds west 907.50 feet to a point, then running north 31 degrees 00 minutes 00 seconds west 478.50 feet to a point, then running south 71 degrees 00 minutes 00 seconds west 1782.00 feet to the mouth of “Fishing Creek”, thence south 52 degrees 00 minutes 00 seconds west 2,508.00 feet across the mouth of Fishing Creek, thence north 82 degrees 00 minutes 00 seconds west 1,089.00 feet to a point, thence north 43 degrees 00 minutes 00 seconds west 660.00 feet to a point, thence north 72 degrees 00 minutes 00 seconds west 627.00 feet to a point, thence north 34 degrees 00 minutes 00 seconds west 841.50 feet to a point, thence north 49 degrees 00 minutes 00 seconds west 1,039.50 feet to a point, thence north 31 degrees 00 minutes 00 seconds west 2,706.00 feet to the aforesaid Tangier Sound, thence by and with the shore of the said Tangier Sound, and binding thereon, the following fourteen (14) courses and distances: north 15 degrees 00 minutes 00 seconds east 1,749.00 feet to a point, then running north 71 degrees 00 minutes 00 seconds east 660.00 feet to a point, then running north 06 degrees 30 minutes 00 seconds east 1,188.00 feet to a point, then running north 27 degrees 30 minutes 00 seconds west 726.00 feet to a point, then running north 12 degrees 00 minutes 00 seconds east 1,056.00 feet to a point, then running north 36 degrees 30 minutes 00 seconds east 1,782.00 feet to a point, then running north 03 degrees 15 minutes 00 seconds west 841.50 feet to a point, then running north 23 degrees 00 minutes 00 seconds east 1,452.00 feet to a point, then running north 14 degrees 30 minutes 00 seconds east 990.00 feet to a point, then running north 63 degrees 00 minutes 00 seconds east 429.00 feet to a point, then running north 04 degrees 00 minutes 00 seconds west 2,442.00 feet to a point, then running north 45 degrees 00 minutes 00 seconds west 429.00 feet to a point, then running north 31 degrees 00 minutes 00 seconds west 462.00 feet to a point, then running north 40 degrees 00 minutes 00 seconds east 115.50 feet to the mouth of the aforesaid Little Annemessex River, thence binding with the southerly side of the Little Annemessex River the following six (6) courses and distances: south 45 degrees 00 minutes 00 seconds east 1,039.50 feet to a point, then running south 14 degrees 00 minutes 00 seconds east 297.00 feet to a point, then running south 86 degrees 00 minutes 00 seconds east 478.50 feet to a point, then running south 05 degrees 00 minutes 00 seconds west 924.00 feet to a point, then running south 64 degrees 00 minutes 00 seconds east 396.00 feet to a point, then running south 71 degrees 45 minutes 00 seconds east 4,818.00 feet to the point of beginning, being the same and all the land which was conveyed unto the said Sifford Pearre and Phillip L. Poe by Sifford Pearre, Phillip L. Poe, and Angelica Y. Pearre, trustees and directors of Cedar Island, Inc., dissolved, by deed dated October 19, 1948 and recorded in the land records of Somerset County, Maryland in Liber B.L.B. 145, Folio 412.</text> </level> <level label="2"> <text>Notwithstanding any other provisions of this title, the Department may permit motorized boat access and use within the boundary of the Cedar Island Wildland.</text> </level> </level> <level label="p"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section that property in St. Mary’s County containing approximately 1,445 acres and described as follows is a Type 2 State wildland and shall be named the “St. Mary’s River Wildland”:</text> <text>Beginning for the same at a cedar stob and axle, said point being at the end of the 50th line of a tract of land which by deed dated July 29, 1968 and recorded in Liber 143, Folio 257 in the land records of St. Mary’s County was conveyed by Hall Properties Inc. to the State of Maryland, Department of Forest and Parks, said tract of land was surveyed by John D. Emler and Associates in August of 1971, north 67 degrees 06 minutes 19 seconds east 215.71 feet to a cedar stob, then running north 80 degrees 26 minutes 56 seconds east 437.37 feet to a cedar stob, then running north 50 degrees 42 minutes 07 seconds east 441.07 feet to a point, then running north 62 degrees 15 minutes 32 seconds east 172.44 feet to a point, then running south 80 degrees 04 minutes 28 seconds east 94.30 feet to a point, then running north 86 degrees 35 minutes 32 seconds east 123.94 feet to a point, then running north 71 degrees 09 minutes 32 seconds east 171.04 feet to a cedar stob, then running north 55 degrees 03 minutes 44 seconds east 193.03 feet to a point, then running north 16 degrees 57 minutes 13 seconds east 130.61 feet to a point, then running north 23 degrees 24 minutes 13 seconds east 86.58 feet to a point, then running north 50 degrees 33 minutes 13 seconds east 75.09 feet to a point, then running north 85 degrees 47 minutes 13 seconds east 386.84 feet to a cedar stob, then running north 74 degrees 37 minutes 13 seconds east 163.27 feet to a cedar stob, then running north 78 degrees 25 minutes 22 seconds east 50.43 feet to the southern edge of the Southern Maryland Electric Coop., Inc. right–of–way (Liber 77, Folio 403) and running with the southern side of said right–of–way south 77 degrees 34 minutes 06 seconds east 2,405.56 feet to a point in the west line of lot 6 of the Woodrow W. Hall subdivision number one as per plat thereof recorded in plat Liber CBG no. 5, Folio 103 of the land records of St. Mary’s County, and running with the remaining line of lot 6 and with lots 7 through 10 the following two courses: south 08 degrees 23 minutes 10 seconds west 472.00 feet to a point, then running south 12 degrees 18 minutes 10 seconds west 510.07 feet to a point, then running with the southerly line of lot 10 south 78 degrees 41 minutes 50 seconds east 276.77 feet to a point, then running south 78 degrees 41 minutes 50 seconds east 80.00 feet to a point, then running north 11 degrees 18 minutes 10 seconds east 150.00 feet to a point in the southeast corner of lot 11a as shown on the plat of the Woodrow W. Hall subdivision number one, revision of lots 11 thru 17, said plat recorded in the land records of St. Mary’s County in Liber DBK 7, Folio 55, and then running south 78 degrees 41 minutes 50 seconds east 151.88 feet to a point on the eastern edge of the Southern Maryland Electric Coop., Inc. right–of–way (Liber 124, Folio 304) and then running with the eastern side of said right–of–way south 15 degrees 05 minutes 26 seconds west 2,986.32 feet to a point said point intersecting the 23rd line of a tract of land which by deed dated July 7, 1976 and recorded in the land records of St. Mary’s County in Liber 255, Folio 156 was conveyed by Joseph B. Norris to the State of Maryland for the use of the Department of Natural Resources, said tract of land was surveyed by John D. Emler and Associates in August of 1971 and running with the remainder of the 23rd and with the 22nd through the 18th lines the following courses and distances: south 34 degrees 01 minutes 38 seconds east 161.93 feet to a point, then running south 24 degrees 01 minutes 38 seconds east 181.88 feet to a point, then running south 32 degrees 01 minutes 38 seconds east 401.87 feet to a point, then running south 25 degrees 01 minutes 38 seconds east 195.73 feet to a point, then running south 25 degrees 01 minutes 38 seconds east 366.66 feet to a point, then running south 40 degrees 46 minutes 38 seconds east 180.86 feet to a point, then running south 41 degrees 30 minutes 00 seconds east 2,010.00 feet more or less, to a point, then running south 60 degrees 45 minutes 00 seconds east 1,480.00 feet more or less, to a cedar post at the edge of a stream (Md State coordinate north 157897.609, east 942613.086), said point being the end of the 4th line of a tract of land which by deed dated December 14, 1974 and recorded in Liber 222, Folio 255 of the land records of St. Mary’s County, was conveyed by Eleanor G. Bruff and Florence G. Wilhide, trustees, to the State of Maryland for the use of the Department of Natural Resources, and running then with the 5th and 6th lines of said conveyance, south 77 degrees 29 minutes 51 seconds east 258.44 feet, then running south 10 degrees 00 minutes 18 seconds west 2,012.08 feet to a stone and hickory tree (Md State plane coordinate north 155960.175, east 942515.830), said stone being the end of the 32nd line of a tract of land which by deed dated June 1, 1973 and recorded in Liber 192, Folio 42 of the land records of St. Mary’s County was conveyed by Molland Enterprises, Inc. to the State of Maryland to the use of the Department of Natural Resources, and running then with the 33rd line of said conveyance south 33 degrees 29 minutes 24 seconds east 734.08 feet to an iron pipe and cedar stob at a small creek, said pipe and stob being the beginning of a tract of land which by deed dated July 10, 1983 and recorded in Liber 153, Folio 21 in the land records of St. Mary’s County was conveyed by John A. and Rose B. Cecil to the State of Maryland for the use of the Department of Natural Resources, and running with the 1st and 2nd lines of said conveyance south 05 degrees 50 minutes 09 seconds west 561.00 feet to a fence tree, then running south 06 degrees 47 minutes 50 seconds east 1,108.55 feet to a fence post (Md State plane coordinate north 153689.053, east 942995.082), said post being the beginning of the 29th line of a tract of land which by deed dated November 5, 1971 and recorded in Liber 172, Folio 399 of the land records of St. Mary’s County was conveyed by Leonard and Gladys Demant to the State of Maryland for the use of the Department of Forest and Parks and running then with the 29th through the 51st line of said conveyance as follows: south 05 degrees 42 minutes 59 seconds east 290.46 feet to a fence post, then running south 04 degrees 38 minutes 32 seconds east 285.22 feet to a fence corner, then running south 03 degrees 30 minutes 17 seconds east 326.88 feet to a fence corner, then running south 01 degrees 35 minutes 53 seconds east 649.91 feet to a fence corner, then running to and with a center line of an abandoned county road north 33 degrees 28 minutes 51 seconds west 43.40 feet to a point, then running north 64 degrees 33 minutes 29 seconds west 96.92 feet to a point, then running north 59 degrees 30 minutes 44 seconds west 133.00 feet to a point, then running north 64 degrees 19 minutes 38 seconds west 129.54 feet to a point, then running north 73 degrees 40 minutes 03 seconds west 90.19 feet to a point, then running north 75 degrees 47 minutes 19 seconds west 109.92 feet to a point, then running north 87 degrees 58 minutes 30 seconds west 94.59 feet to a point, then running south 89 degrees 22 minutes 22 seconds west 97.02 feet to a point, then running south 86 degrees 32 minutes 19 seconds west 95.04 feet to a point, then running south 86 degrees 34 minutes 31 seconds west 95.02 feet to a point, then running south 83 degrees 45 minutes 25 seconds west 98.16 feet to a point, then running south 79 degrees 13 minutes 55 seconds west 250.73 feet to a point, then running to and with the north line of said abandoned county road, north 20 degrees 52 minutes 30 seconds west 9.49 feet to a point, then running south 89 degrees 37 minutes 30 seconds west 57.00 feet to a point, then running south 83 degrees 22 minutes 58 seconds west 102.94 feet to a cedar stob, then running north 75 degrees 22 minutes 07 seconds west 112.29 feet to a cedar stob, then running north 64 degrees 35 minutes 50 seconds west 111.58 feet to a point, then running north 70 degrees 52 minutes 30 seconds west 94.00 feet to an iron axle on the northerly bank of a run, then running north 69 degrees 50 minutes 36 seconds west 237.12 feet to a point, then running with the northeast side of Indian Bridge Road in a northwesterly direction 7,650.00 feet more or less, to a point, then leaving said road and running, east 950.00 feet, then running north 1,000.00 feet, then running west 400.00 feet, then running south 34 degrees 00 minutes 00 seconds west 1,050.00 feet to the northeast side of Indian Bridge Road, then running with the northeast side of Indian Bridge Road in a northwesterly direction 3,450.00 feet to a point on the northeast side of said road, (Md State plane coordinates north 160260.563, east 933839.815), said point also being the beginning of a tract of land which by deed dated July 15, 1971 and recorded in Liber 169, Folio 342 of the land records of St. Mary’s County was conveyed by Fairway, Inc. to the State of Maryland, for the use of the Department of Forest and Parks, and running then with the 1st line of said conveyance as described on a plat of survey by John D. Emler and Associates dated July, 1971, north 62 degrees 08 minutes 45 seconds east 713.24 feet to an iron pipe, then running north 18 degrees 00 minutes 00 seconds east 1,885.00 feet more or less, to a point, said point being at the end of the 36th line of a tract of land as described in aforesaid conveyance from Hall Properties Inc. (Liber 143, Folio 257), then running north 2,385.00 feet more or less, to the point of beginning.</text> </level> <level label="2"> <text>Exempting from the above description a 100 foot wide right–of–way belonging to the Southern Maryland Electric Cooperative, Inc. as described in Liber 35, Folio 312, and Liber 35, Folio 292, of the land records of St. Mary’s County.</text> </level> <level label="3"> <text>The use of approximately 40 acres north of Indian Bridge Road for a shooting range operated by the St. Mary’s County Sheriff’s Department may continue until such time as an alternative site is established.</text> </level> <level label="4"> <text>Within part of the St. Mary’s River Wildland are thirty (30) acres of leased agricultural land located approximately 1,500 feet northeast of Indian Bridge Road. This use may continue until December 31, 1999.</text> </level> <level label="5"> <text>Exempting from the above description that acreage subject to an existing or future easement agreed to between the Department of Natural Resources and St. Mary’s County Government associated with improvements to Indian Bridge Road.</text> </level> </level> <level label="q"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section that property in Charles County containing approximately 2,993 acres and described as follows is a Type 2 State wildland and shall be named the “Mattawoman Wildland”:</text> <text>Parcel 1:</text> <text>Beginning at a point, said point being the end of the south 16 degrees 32 minutes 12 seconds west 543.06 foot line of the first Parcel of a tract of land which by deed dated December 7, 1979 and recorded in Liber 690, Folio 228 of the land records of Charles County was conveyed by Potomac Sand and Gravel Company to the State of Maryland for the use of the Department of Natural Resources and running with an old road bed south 25 degrees 57 minutes 41 seconds west 466.37 feet to a point, then running north 65 degrees 14 minutes 07 seconds west 15.00 feet to a point, then running south 24 degrees 45 minutes 33 seconds west 97.95 feet to a point, then running south 65 degrees 14 minutes 07 seconds east 15.00 feet to a point, then running south 24 degrees 45 minutes 53 seconds west 255.72 feet to a point on the northern right–of–way of Maryland Route 224, and then with said right–of–way running in a southeasterly direction 8,159.00 feet more or less, to a point, said point being the end of the 39th line of a tract of land which by deed dated June 6, 1985, and recorded in Liber 1076, Folio 72 of the land records of Charles County, was conveyed by Potomac Homestead Company to the State of Maryland for the use of the Department of Natural Resources, and then running with the 40th, 41st, 42nd, 43rd, 1st, 2nd, 3rd, and 4th lines of said conveyance north 08 degrees 15 minutes 00 seconds west 45.00 feet to a point, then running south 80 degrees 53 minutes 30 seconds west 80.00 feet to a point, then running south 08 degrees 15 minutes 00 seconds east 45.00 feet to a point, then running south 80 degrees 52 minutes 30 seconds west 15.00 feet to an iron pipe, then running north 08 degrees 15 minutes 00 seconds west 532.55 feet to an iron pipe, then running north 22 degrees 59 minutes 00 seconds west 463.86 feet to an iron pipe, then running north 09 degrees 37 minutes 00 seconds west 463.53 feet to an iron pipe at the end of the 23rd line of a tract of land which by deed dated May 2, 1975, and recorded in Liber 387, Folio 65 of the land records of Charles County, was conveyed by Grace W. Fuss to the State of Maryland for the use of the Department of Natural Resources and running with said conveyance the following courses and distances as surveyed by Lorenzi, Dodds, & Gunnill Inc. in August 1973, south 24 degrees 35 minutes 11 seconds west 1,609.73 feet to an iron pipe, then running south 68 degrees 20 minutes 20 seconds west 88.98 feet to an iron pipe, then running south 22 degrees 42 minutes 40 seconds east 209.00 feet to an iron pipe in the northern right–of–way of Maryland Route 224, then running with said right–of–way 790.00 feet more or less, to an iron pipe, then running north 54 degrees 40 minutes 45 seconds west 110.10 feet to an iron pipe, then running north 64 degrees 46 minutes 46 seconds west 151.60 feet to an iron pipe, then running north 41 degrees 00 minutes 46 seconds west 15.80 feet to an iron pipe, then running north 60 degrees 33 minutes 34 seconds west 111.60 feet to an iron pipe, then running north 78 degrees 14 minutes 34 seconds west 89.93 feet to an iron pipe, then running north 76 degrees 19 minutes 26 seconds west 167.78 feet to an iron pipe, then running south 50 degrees 12 minutes 34 seconds west 30.00 feet to an iron pipe, then running north 39 degrees 05 minutes 28 seconds west 2180.01 feet to an iron pipe, then running north 58 degrees 08 minutes 53 seconds east 104.92 feet to an iron pipe, then running north 38 degrees 37 minutes 07 seconds west 208.50 feet to an iron pipe, then running north 57 degrees 46 minutes 53 seconds east 195.70 feet to a point, then running north 32 degrees 40 minutes 07 seconds west 53.85 feet to a point, then running north 66 degrees 02 minutes 53 seconds east 64.40 feet to a point, then running south 59 degrees 39 minutes 07 seconds east 59.40 feet to a point on the mean high water line of Mattawoman Creek, then running, with said creek in a southeasterly direction 1,120.00 feet, then running with said creek in a northeasterly direction 820.07 feet to an iron pipe at the end of the 5th line of a tract of land which by deed dated June 6, 1985, and recorded in Liber 1076, Folio 72 of the land records of Charles County, was conveyed by Potomac Homestead Company to the State of Maryland for the use of the Department of Natural Resources, then running along the southerly shoreline of Mattawoman Creek in a northeasterly direction with said conveyance 2,569.00 feet more or less, then running along the southerly shoreline of Mattawoman Creek in a southeasterly direction 2,148.00 feet more or less, then running along the southerly shoreline of Mattawoman Creek in a northeasterly direction 657.00 feet more or less, to a point, said point being north 04 degrees, 45 minutes, 55 seconds, east 30.00 feet from a concrete monument, said point also being in the north 13 degrees 06 minutes 47 seconds west 2,491.09 feet from the line of aforesaid conveyance from Potomac Sand and Gravel Co., and running then with the remainder of said line, north 13 degrees 06 minutes 47 seconds west 500.00 feet to a point, then running for the remainder of this description with the line of said conveyance from Potomac Sand and Gravel Co. the following courses and distances to wit: north 63 degrees 00 minutes 00 seconds west 2,050.00 feet to a point, then running north 50 degrees 00 minutes 00 seconds west 1,201.90 feet to a point, said point having Maryland State plane coordinates north 275294.32, east 755600.34, then running north 40 degrees 00 minutes 00 seconds east 187.11 feet to a point, then running north 80 degrees 28 minutes 02 seconds east 346.00 feet to a pipe, then running north 77 degrees 23 minutes 02 seconds east 75.68 feet to a pipe, then running north 48 degrees 41 minutes 22 seconds east 469.77 feet to a pipe, then running north 29 degrees 15 minutes 40 seconds east 667.71 feet to a pipe, then running north 15 degrees 39 minutes 31 seconds east 221.68 feet to a pipe, then running north 33 degrees 53 minutes 08 seconds east 154.85 feet to a pipe, then running north 09 degrees 51 minutes 24 seconds east 206.97 feet to a pipe, then running north 61 degrees 13 minutes 36 seconds east 373.01 feet to a pipe, then running north 69 degrees 51 minutes 27 seconds east 236.98 feet to a point, then running south 69 degrees 56 minutes 05 seconds east 144.00 feet to a point, then running north 66 degrees 38 minutes 55 seconds east 200.00 feet to a pipe, then running north 38 degrees 08 minutes 55 seconds east 269.78 feet to a pipe, then running north 61 degrees 39 minutes 13 seconds east 310.11 feet to a pipe, then running north 16 degrees 22 minutes 48 seconds east 188.09 feet to a pipe, then running north 23 degrees 58 minutes 36 seconds east 300.03 feet to a pipe, said point having Maryland State plane coordinates north 278055.05, east 758479.37, then running north 40 degrees 58 minutes 49 seconds east 244.06 feet to a pipe, then running south 02 degrees 05 minutes 58 seconds east 121.00 feet to a point, then running north 37 degrees 21 minutes 11 seconds east 213.91 feet to a pipe, then running north 79 degrees 33 minutes 08 seconds east 132.63 feet to a point, then running north 39 degrees 11 minutes 20 seconds east 199.05 feet to a point, then running north 87 degrees 46 minutes 20 seconds east 217.26 feet to a point, then running south 59 degrees 28 minutes 03 seconds east 170.28 feet to a point, then running south 32 degrees 54 minutes 38 seconds east 413.00 feet to a point, then running north 64 degrees 09 minutes 21 seconds east 135.00 feet to a point, then running south 54 degrees 24 minutes 39 seconds east 100.00 feet to a point, then running south 63 degrees 24 minutes 39 seconds east 100.00 feet to a point, then running south 66 degrees 54 minutes 38 seconds east 100.00 feet to a point, then running south 77 degrees 54 minutes 39 seconds east 68.00 feet to a point, then running south 30 degrees 20 minutes 21 seconds west 30.00 feet to a point, then running south 57 degrees 24 minutes 38 seconds east 435.63 feet to a point, then running north 69 degrees 24 minutes 35 seconds east 530.47 feet to a point, then running north 59 degrees 08 minutes 12 seconds west 282.82 feet to a point, then running north 80 degrees 21 minutes 07 seconds east 358.62 feet to a point, then running south 21 degrees 10 minutes 15 seconds east 27.29 feet to a point, then running north 88 degrees 36 minutes 54 seconds east 640.75 feet to a point, then running north 67 degrees 52 minutes 49 seconds east 194.80 feet to a point, then running north 74 degrees 46 minutes 49 seconds east 423.50 feet to a pipe, then running south 81 degrees 22 minutes 11 seconds east 224.64 feet to a pipe, then running south 71 degrees 39 minutes 13 seconds east 148.98 feet to a point, then running south 56 degrees 07 minutes 13 seconds east 419.94 feet to a point, then running south 06 degrees 40 minutes 13 seconds east 32.29 feet to a point, then running south 50 degrees 54 minutes 13 seconds east 338.35 feet to a point, then running north 39 degrees 05 minutes 37 seconds east 41.80 feet to a point, said point having Maryland State plane coordinates north 277691.44, east 763367.39, south 60 degrees 45 minutes 00 seconds east 305.00 feet more or less, to a point, then running south 70 degrees 51 minutes 16 seconds east 160.51 feet to a point, then running south 54 degrees 09 minutes 13 seconds east 329.01 feet to a point, then running south 70 degrees 51 minutes 15 seconds east 1041.97 feet to the eastern right–of–way of Maryland Route 225, said point having Maryland State plane coordinates north 276961.48, east 765040.12, then running along the eastern right–of–way of Maryland Route 225 in a southerly direction 2,900.00 feet more or less, to a point, then leaving said right–of–way and running, south 16 degrees 32 minutes 12 seconds west 543.06 feet to the point of beginning.</text> </level> <level label="2"> <text>Exempting from this description a parcel of land containing 31 acres more or less, conveyed to Carlisle and Nettie Abell and recorded in Liber 1684, Folio 368 of the land records of Charles County.</text> <text>Parcel 2:</text> <text>Beginning at a point, said point being the beginning of the second Parcel of the aforesaid tract of land conveyed to the State of Maryland by Potomac Sand and Gravel Co. (Liber 690, Folio 228), said point also being in the south side of Maryland Route 224, 75 feet from the centerline thereof and marking the corner of the Charles County Board of Education property (Liber 177, Folio 448) and running thence with the lines of said property, south 17 degrees 20 minutes 14 seconds east 900.88 feet to a pipe, then running north 84 degrees 05 minutes 07 seconds east 2,019.83 feet to a pipe, then leaving the Board of Education property, south 17 degrees 15 minutes 56 seconds east 410.81 feet to a pipe, then running south 22 degrees 56 minutes 52 seconds west 272.16 feet to a stone in the right–of–way line of Maryland Route 425, and then running with said road, south 31 degrees 49 minutes 32 seconds west 102.16 feet to a pipe, then running south 28 degrees 52 minutes 15 seconds west 118.60 feet to a pipe, then running south 23 degrees 00 minutes 11 seconds west 110.11 feet to a pipe, then running south 16 degrees 32 minutes 33 seconds west 117.64 feet to a pipe, then running south 11 degrees 02 minutes 40 seconds west 126.49 feet to a pipe, then running south 04 degrees 21 minutes 02 seconds west 205.69 feet to a pipe, then leaving the road and running, south 46 degrees 02 minutes 27 seconds west 592.90 feet to a stone, then running south 10 degrees 11 minutes 22 seconds west 1446.91 feet to a stone, then running south 03 degrees 09 minutes 57 seconds east 382.21 feet to a stone, then running south 85 degrees 52 minutes 32 seconds west 962.05 feet to a pipe, then running south 83 degrees 04 minutes 10 seconds west 880.28 feet to a stone, then running north 16 degrees 20 minutes 18 seconds west 1,256.57 feet to a stone, then running south 75 degrees 28 minutes 59 seconds west 163.73 feet to a stone, then running north 12 degrees 04 minutes 42 seconds west 846.73 feet to a stone, then running south 73 degrees 14 minutes 54 seconds west 994.60 feet to a pipe on the east side of Nelson Road, then with said road, north 25 degrees 44 minutes 19 seconds west 197.51 feet to a pipe, then running north 41 degrees 44 minutes 19 seconds west 526.69 feet to a stone, then with the east side of an old roadway, north 15 degrees 07 minutes 05 seconds east 262.45 feet to a pipe, then running north 17 degrees 52 minutes 55 seconds west 295.25 feet to a stone, then running north 05 degrees 53 minutes 18 seconds west 648.53 feet to a pipe, then running north 20 degrees 43 minutes 18 seconds west 149.27 feet to a stone in the south side of Maryland Route 224, then with Maryland Route 224, north 72 degrees 41 minutes 35 seconds east 1,849.04 feet to a point, then running south 17 degrees 18 minutes 25 seconds east 15.00 feet to a point, then running north 72 degrees 41 minutes 35 seconds east 65.00 feet to a point, then running north 17 degrees 18 minutes 25 seconds west 15.00 feet to a point, then running north 72 degrees 41 minutes 35 seconds east 860.30 feet to the point of beginning.</text> </level> <level label="3"> <text>Exempting a 6–acre tract of land located in the northeast corner of the above described Parcel of land, said Parcel is to be reserved for the use of the Charles County Board of Education, Lackey High School.</text> <text>Parcel 3:</text> <text>Beginning for the same at a point, said point being the beginning of the south 04 degrees 35 minutes 58 seconds east 1034.66 feet line as shown on a plat of survey by FSI Design Group, dated May 24, 1989 and recorded in the land records of Charles County in Plat Book 39, Folio 219, and then running with said line south 04 degrees 35 minutes 58 seconds 1034.66 feet to a point, said point being in the center of Yates Spring Branch and then running generally with the center of Yates Spring Branch to a point, said point being the beginning of the south 24 degrees 56 minutes 30 seconds east 1766.34 foot line of a tract of land which by deed dated December 31, 1980 and recorded in Liber 760, Folio 187 of the land records of Charles County was conveyed by Fred R. Bunting and Bernice Reeves to the State of Maryland to the use of the Department of Natural Resources and running with said deed line in its entirety to a point, then running with a portion of the south 57 degrees 13 minutes 30 seconds west 1784.16 foot line 973.42 feet, then leaving said line and running north 58 degrees 06 minutes 58 seconds west 922.09 feet, north 35 degrees 22 minutes 22 seconds west 409.16 feet, north 47 degrees 03 minutes 22 seconds east 220.24 feet more or less to a point, said point being the beginning of the north 54 degrees 19 minutes 00 seconds east 268.70 foot line of the above–mentioned conveyance from Bunting to the State of Maryland, and then running with a portion of said line 157.61 feet more or less to the beginning of the north 24 degrees 48 minutes 06 seconds west 1610.66 foot line as shown on the above–mentioned plat recorded in Plat Book 39, Folio 219, and then running with said line north 24 degrees 48 minutes 06 seconds west 1610.66 feet, north 35 degrees 28 minutes 21 seconds west 583.63 feet to a point in the southern right of way of Livingston Road, then running with said right of way generally in a northeast direction to the beginning of the south 27 degrees 44 minutes 27 seconds 264.06 feet line, then running north 65 degrees 24 minutes 48 seconds east 241.06 feet, north 65 degrees 24 minutes 48 seconds east 241.06 feet, north 00 degrees 49 minutes 01 seconds east 40.62 feet, north 05 degrees 00 minutes 42 seconds west 140.00 feet, north 14 degrees 47 minutes 37 seconds west 42.50 feet, north 69 degrees 35 minutes 12 seconds west 35.36 feet, north 65 degrees 24 minutes 48 seconds east 147.88 feet, south 05 degrees 00 minutes 42 seconds east 828.37 feet, north 84 degrees 59 minutes 18 seconds east 250.23 feet, south 05 degrees 00 minutes 42 seconds east 40.00 feet, north 84 degrees 59 minutes 18 seconds east 40.00 feet, north 05 degrees 00 minutes 44 seconds east 50.45 feet, north 84 degrees 59 minutes 18 seconds east 159.015 feet, north 05 degrees 04 minutes 27 seconds west 207.09 feet, north 88 degrees 08 minutes 50 seconds east 210.00 feet to the point of beginning.</text> <text>Being all the same tract of land described as Tract H in a deed from VMIF Charles County Joint Venture to the State of Maryland, to the use of the Department of Natural Resources, dated October 28, 1998, and recorded in the land records of Charles County in Liber 2666, Folio 501 and part of a tract of land which by deed dated December 31, 1980 and recorded in Liber 760, Folio 187 of the land records of Charles County was conveyed by Fred R. Bunting and Bernice Reeves to the State of Maryland to the use of the Department of Natural Resources.</text> <text>Parcel 4:</text> <text>Beginning at a point, said point being the beginning of the north 47 degrees 56 minutes 00 seconds west 781.25 foot line of the second parcel of a tract of land which by deed dated April 17, 1989 and recorded in Liber 1376, Folio 003 of the land records of Charles County was conveyed by the Gladfelter Pulp Wood Company to VMS Charles County Venture, said parcel of land also described as tract EII by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF to the State of Maryland, to the use of the Department of Natural Resources, and running with said first line north 47 degrees 56 minutes 00 seconds west 781.25 feet to a point, then running north 43 degrees 45 minutes 25 seconds east 199.07 feet, north 44 degrees 40 minutes 50 seconds east 238.20 feet, north 42 degrees 51 minutes 00 seconds east 866.14 feet, south 49 degrees 12 minutes 56 seconds east 134.08 feet, north 52 degrees 45 minutes 08 seconds east 151.05 feet, north 41 degrees 04 minutes 10 seconds west 197.07 feet to the southernmost right of way of Maryland Route 210, then running with the said right of way to a point, said point being the beginning of the fifty–third line of the above–mentioned second parcel conveyed by the Gladfelter Pulp Wood Company to VMS Charles County Venture by a deed recorded in Liber 1356, Folio 003 of the land records of Charles County, and then running south 51 degrees 15 minutes 56 seconds east 206.68 feet, north 40 degrees 46 minutes 20 seconds east 494.62 feet to the southernmost right of way of Maryland Route 210, then running with the said right of way to a point at the beginning of the sixty–first line of the above–mentioned second parcel conveyed by the Gladfelter Pulp Wood Company to VMS Charles County Venture, and then running with said line south 51 degrees 14 minutes 13 seconds east 984.07 feet, south 51 degrees 15 minutes 56 seconds east 228.54 feet, south 51 degrees 07 minutes 04 seconds east 1606.73 feet to a point, said point being the end of the thirty–third or north 40 degrees 35 minutes 21 seconds west 77.88 foot line of a tract of land which by deed dated February 15, 1989 and recorded in Liber 1362, Folio 157 of the land records of Charles County was conveyed by CTNC, Inc. to VMS Charles County Venture, said parcel of land also described as tract A by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF to the State of Maryland, to the use of the Department of Natural Resources, and running then with the thirty–fourth line north 37 degrees 17 minutes 13 seconds east 301.33 feet, north 38 degrees 07 minutes 58 seconds east 400.80 feet, north 37 degrees 56 minutes 13 seconds east 712.19 feet, south 27 degrees 08 minutes 23 seconds east 1622.88 feet, south 37 degrees 22 minutes 54 seconds west 1280.28 feet to a point said point being the end of the north 38 degrees 20 minutes 58 seconds east 2773.52 foot line of the first parcel of a tract of land which by deed dated April 17, 1989 and recorded in Liber 1376, Folio 003 of the land records of Charles County was conveyed by the Gladfelter Pulp Wood Company to VMS Charles County Venture, said parcel of land also described as tract EII by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF to the State of Maryland, to the use of the Department of Natural Resources and running with said seventh line south 48 degrees 04 minutes 25 seconds east 650.03 feet to a point, then running south 35 degrees 09 minutes 27 seconds east 204.81 feet, south 51 degrees 09 minutes 19 seconds east 395.00 feet, south 64 degrees 52 minutes 44 seconds east 325.91 feet, south 59 degrees 44 minutes 50 seconds west 855.02 feet, south 04 degrees 51 minutes 03 seconds east 1685.76 feet, south 67 degrees 24 minutes 56 seconds west 105.48 feet, north 04 degrees 51 minutes 03 seconds west 469.00 feet, south 82 degrees 59 minutes 18 seconds west 452.25 feet, north 58 degrees 25 minutes 32 seconds west 503.35 feet, north 11 degrees 38 minutes 56 seconds west 385.51 feet, south 85 degrees 51 minutes 43 seconds west 1239.75.00 feet, north 04 degrees 51 minutes 03 seconds west 469.00 feet, to a point, said point being the beginning of the fourth or 40 degrees 04 minutes 07 seconds west 776.41 foot line of a tract of land which by deed dated February 10, 1989 and recorded in Liber 1362, Folio 164 of the land records of Charles County was conveyed by CTNC Inc. to VMS Charles County Venture, said parcel of land also described as tract B by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF to the State of Maryland, to the use of the Department of Natural Resources, and running then with the said fourth line south 40 degrees 04 minutes 07 seconds west 776.41 feet, south 43 degrees 12 minutes 47 seconds west 868.61 feet, north 52 degrees 14 minutes 03 seconds west 662.92 feet, north 56 degrees 35 minutes 24 seconds west 36.31 feet, south 30 degrees 34 minutes 15 seconds east 433.17 feet, south 30 degrees 27 minutes 21 seconds east 250.88 feet, south 30 degrees 25 minutes 47 seconds east 87.57 feet, south 64 degrees 57 minutes 48 seconds west 444.00 feet, south 65 degrees 07 minutes 48 seconds west 200.00 feet, north 29 degrees 52 minutes 12 seconds west 197.40 feet, north 60 degrees 07 minutes 48 seconds west 200.00 feet, north 29 degrees 52 minutes 12 seconds west 40.14 feet, south 64 degrees 57 minutes 48 seconds west 120.00 feet, north 25 degrees 02 minutes 12 seconds west 145.67 feet, south 64 degrees 53 minutes 46 seconds west 50.82 feet, north 29 degrees 52 minutes 12 seconds west 183.00 feet, south 60 degrees 42 minutes 52 seconds west 210.00 feet, south 30 degrees 34 minutes 44 seconds east 32.97 feet, south 60 degrees 07 minutes 48 seconds west 200.00 feet, north 29 degrees 52 minutes 12 seconds west 61.88 feet, south 60 degrees 06 minutes 23 seconds west 240.10 feet, south 29 degrees 57 minutes 41 seconds east 629.32 feet, south 60 degrees 02 minutes 18 seconds west 200.60 feet, south 30 degrees 02 minutes 02 seconds east 473.00 feet, to a point, said point being on the northernmost right of way of Livingston Road, then running with said right of way to the end of the forty–second or south 30 degrees 00 minutes 08 seconds west 2124.66 foot line of a tract of land which by deed dated February 15, 1989 and recorded in Liber 1362, Folio 157 of the land records of Charles County was conveyed by CTNC Inc. to VMS Charles County Venture, said parcel of land also described as Tract A by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF Charles County Venture to the State of Maryland, to the use of the Department of Natural Resources, and then continuing with said right of way to a point, said point being the beginning of the first line of the aforementioned conveyance from CTNC Inc. to VMS Charles County Venture, then running with the first through the nineteenth line of said conveyance to a point, said point being the beginning of the third or north 44 degrees 51 minutes 36 seconds west 112.27 foot line of a tract of land which by deed dated March 28, 1989 and recorded in Liber 1371, Folio 424 of the land records of Charles County was conveyed by Alice R. Fleet to VMS Charles County Venture, said parcel of land also described as Tract D by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by the VMIF Charles County Venture to the State of Maryland, to the use of the Department of Natural Resources, and running then with the said third line north 44 degrees 51 minutes 36 seconds west 112.27 feet to a point, said point being the beginning of the south 54 degrees 37 minutes 14 seconds west 1333.67 foot line of the above–mentioned second parcel of a tract of land conveyed by the Gladfelter Pulp Wood Company to VMS Charles County Venture and then running with said seventy–fourth line south 54 degrees 37 minutes 14 seconds west 1333.67 feet to the point of beginning.</text> </level> <level label="4"> <text>Exempting from this description of Parcel 4 an existing unimproved parking lot 2,000 square feet more or less in size located along the northernmost side of Livingston Road and a driveway entrance 1,000 yards more or less long that originates 3,017 feet more or less northeast from the junction of Maryland Route 224 and Maryland Route 225.</text> </level> <level label="5"> <text>Exempting from this description of Parcel 4 a tract of approximately three acres of land that is used for a public parking area, described as follows: beginning at a point, said point having the coordinate value 344332.00 north, 1281944.00 east (Maryland State plane grid system NAD83), and then running north 60 degrees 54 minutes 39 seconds east 705.27 feet, north 33 degrees 01 minutes 24 seconds west 275.54 feet to the southernmost right of way of Maryland Route 210, then running in a southwesterly direction with said right of way 700 feet more or less to a point, said point having the coordinate value 344575.00 north, 1281792.00 east (Maryland State plane grid system NAD83), and then running south 31 degrees 55 minutes 15 seconds east 286.62 feet more or less to the point of beginning.</text> </level> <level label="6"> <text>Notwithstanding any other provisions of this title, the Department may:</text> <level label="i"> <text>Permit motorized boat access and use within the boundary of the Mattawoman Wildland; and</text> </level> <level label="ii"> <text>Permit commercial fishing guide operations, provided the base of operations for the commercial activity is not located within the boundary of the Mattawoman Wildland.</text> </level> </level> <level label="7"> <text>Notwithstanding any other provision of this subtitle, in the Mattawoman Wildland area the Department, with prior approval of the Maryland Historical Trust and after an internal Departmental review, may authorize:</text> <level label="i"> <text>Archeological inventories, studies, and research that involve surface examination or limited subsurface sampling;</text> </level> <level label="ii"> <text>Salvage and excavation of archeological sites; and</text> </level> <level label="iii"> <text>Stabilization and restoration of historic structures existing as of October 1, 2014.</text> </level> </level> </level> <level label="r"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Baltimore County containing approximately 1,798 acres and described as follows is a Type 2 State wildland and shall be named the “Soldiers Delight Wildland”:</text> <text>Parcel 1:</text> <text>Beginning at a stone marked “18”, the beginning of the 12th line of the land which by deed dated December 26, 1972 and recorded in the land records of Baltimore County in Liber 5325, Folio 537 was conveyed by Samuel Sietz to the State of Maryland, for the use of Forest and Parks, and running thence, south 57 degrees 48 minutes 11 seconds east 650.00 feet to a concrete monument “DFP–MD–LWR–316”, then running north 51 degrees 21 minutes 10 seconds east 528.00 feet to a concrete monument “DFP–MD–LWR–313”, then running north 65 degrees 21 minutes 10 seconds east 792.00 feet to a concrete monument “DFP–MD–LWR–309”, then running north 51 degrees 21 minutes 10 seconds east 990.00 feet to a concrete monument “DFP–MD–LWR–305”, then running north 1 degree 53 minutes 50 seconds west 462.00 feet to a concrete monument “DFP–MD–LWR–303”, then running north 37 degrees 06 minutes 10 seconds east 264.00 feet to a steel bar “DFP–MD–LWR–300”, then running north 39 degrees 50 minutes 51 seconds east 932.25 feet to a concrete monument “DFP–MD–LWR–298”, then running south 50 degrees 58 minutes 08 seconds east 738.25 feet to a concrete monument “DFP–MD–LWR–294”, then running south 55 degrees 23 minutes 12 seconds east 1,092.79 feet to a concrete monument “DFP–MD–LWR–153”, then running south 87 degrees 07 minutes 45 seconds east 264.72 feet to a concrete monument “DFP–MD–LWR–350”, then running north 41 degrees 53 minutes 08 seconds east 1,184.11 feet to a concrete monument “DFP–MD–LWR–343”, south 0 degrees 03 minutes 44 seconds west 671.56 feet then running south 2 degrees 52 minutes 08 seconds west 249.28 feet to a steel bar marked “DFP–MD–LWR–217”, south 2 degrees 52 minutes 08 seconds west 1,290.00 feet more or less, then running in a southwesterly direction on the northern side of Wards Chapel Road for approximately 3,120 feet more or less, to a concrete monument marked “DFP–MD–LWR–185”, located approximately 25 feet north of Wards Chapel Road, then running north 64 degrees 46 minutes 58 seconds west 731.50 feet to a stone, south 29 degrees 15 minutes 00 seconds east 648.30 feet to an iron rod on the west margin of Wards Chapel Road, thence running along the northwest edge of Wards Chapel Road in a southerly direction approximately 620 feet more or less, to a point on the northwesterly edge of Wards Chapel Road, said point being the end of the 4th line of the land by which deed dated December 22, 1978 and recorded in the land records of Baltimore County in Liber 5979, Folio 642 was conveyed by Charles J. Brady, John E. Brady, Mary Louise Ruch, and Margaret E. Miller to the State of Maryland for the use of the Department of Natural Resources, then running north 68 degrees 16 minutes 58 seconds west 192.64 feet to a stone, then running north 63 degrees 34 minutes 35 seconds west 494.51 feet to a stone, then running south 21 degrees 17 minutes 38 seconds west 243.84 feet to a stone, then running south 21 degrees 20 minutes 21 seconds west 252.57 feet to a stone, then running south 21 degrees 26 minutes 51 seconds west 860.11 feet to a stone, at a point on the 40th line of the land which by deed dated November 14, 1978 and recorded in the land records of Baltimore County in Liber 5960, Folio 064 was conveyed by Josephine C. Greene, Constance C. Owings, George G. Carey Jr., and Rosalie C. Wood to the State of Maryland, for the use of the Department of Natural Resources, and running thence, south 69 degrees 38 minutes 55 seconds east 410.00 feet more or less, to a stone marked “19”, then running south 21 degrees 54 minutes 53 seconds west 395.39 feet to a concrete monument “DFP–MD–LWR–421”, then running along the northwest edge of Wards Chapel Road in a southwesterly direction approximately 405 feet more or less, to a point on the 3rd line of the aforementioned deed, then running north 80 degrees 57 minutes 32 seconds west 1,407.69 feet to a pipe, then running south 9 degrees 02 minutes 28 seconds west 664.16 feet, to a city concrete monument, then running north 80 degrees 57 minutes 32 seconds west 1,105.70 feet, to a city concrete monument, then running north 8 degrees 33 minutes 36 seconds east 591.15 feet, to a city concrete monument, then running north 8 degrees 33 minutes 36 seconds east 1,191.60 feet, to a stone “9”, then running north 9 degrees 17 minutes 15 seconds west 2,231.10 feet, to a stone “10”, then running south 68 degrees 37 minutes 26 seconds east 140.87 feet, to a stone “11”, then running north 9 degrees 51 minutes 17 seconds west 50.17 feet, to a stone “12”, then running north 23 degrees 31 minutes 00 seconds west 341.25 feet, to a stone, then running south 80 degrees 00 minutes 00 seconds east 697.95 feet, then running north 48 degrees 45 minutes 00 seconds east 263.65 feet to a stone and then running south 89 degrees 00 minutes 00 seconds east 355.10 feet to the point of beginning.</text> <text>Parcel 2:</text> <text>Beginning at a point on a line, 1,102.14 feet from the beginning of the 3rd line of Parcel 1 on the land which by deed dated October 7, 1971 and recorded in the land records of Baltimore County in Liber 5225, Folio 427 was conveyed by Samuel R. Zetzer, Homewood Holding Company et al. to the State of Maryland, for the use of the Department of Forest and Parks, on the south side of Wards Chapel Road where the aforementioned road meets the Baltimore Gas and Electric Company of Maryland right–of–way, and running thence, south 2 degrees 52 minutes 08 seconds west 1,277.14 feet, then running south 3 degrees 15 minutes 19 seconds west 1,747.92 feet, then running south 4 degrees 47 minutes 57 seconds west 1,193.24 feet to a concrete monument “DFP–MD–LWR–219”, then running south 4 degrees 47 minutes 16 seconds west 1,755.00 feet, then running south 4 degrees 47 minutes 12 seconds west 24.64 feet, then running south 4 degrees 45 minutes 92 seconds west 1,315.89 feet to a steel bar marked “DFP–MD–LWR–371”, then running north 61 degrees 27 minutes 23 seconds west 163.94 feet to a concrete monument “DFP–MD–LWR–370”, then running north 61 degrees 27 minutes 23 seconds west 1,863.41 feet to a concrete monument “DFP–MD–LWR–364”, then running north 3 degrees 12 minutes 33 seconds west 600.00 feet to a stone “20–1801”, then running north 42 degrees 06 minutes 38 seconds east 329.64 feet to a stone “19” (not the aforementioned stone marked 19), then running south 62 degrees 56 minutes 22 seconds east 257.56 feet to a bolt found in a pile of rocks, then running north 4 degrees 24 minutes 43 seconds east 215.92 feet to a stone, then running north 58 degrees 30 minutes 43 seconds west 458.89 feet, then running south 88 degrees 43 minutes 26 seconds west 442.58 feet to a stone, then running north 3 degrees 57 minutes 52 seconds west 891.00 feet to a point, then running south 64 degrees 11 minutes 47 seconds west 475.20 feet, north 84 degrees 03 minutes 32 seconds west 221.88 feet, south 62 degrees 56 minutes 28 seconds west 213.31 feet, south 54 degrees 56 minutes 28 seconds west 271.00 feet, south 79 degrees 01 minutes 53 seconds west 251.39 feet, north 05 degrees 18 minutes 47 seconds west 32.61 feet, north 21 degrees 54 minutes 39 seconds west 257.00 feet, south 86 degrees 35 minutes 59 seconds west 375.00 feet, south 21 degrees 54 minutes 39 seconds west 291.09 feet, south 59 degrees 24 minutes 42 seconds west 37.74 feet, south 54 degrees 21 minutes 13 seconds west 81.09 feet, south 76 degrees 09 minutes 48 seconds west 178.09 feet, south 86 degrees 19 minutes 07 seconds west 106.75 feet, north 34 degrees 59 minutes 14 seconds west 43.50 feet, north 25 degrees 28 minutes 39 seconds east 232.11 feet, north 64 degrees 31 minutes 21 seconds west 29.14 feet, north 18 degrees 13 minutes 45 seconds east 152.15 feet, north 72 degrees 36 minutes 36 seconds east 146.13 feet, north 77 degrees 53 minutes 18 seconds east 265.85 feet, north 61 degrees 54 minutes 07 seconds east 1204.23 feet, north 27 degrees 54 minutes 07 seconds east 148.50 feet, south 77 degrees 13 minutes 19 seconds east 113.85 feet, north 14 degrees 24 minutes 51 seconds west 80.19 feet, south 89 degrees 46 minutes 02 seconds east 247.23 feet, north 3 degrees 57 minutes 52 seconds west 209.99 feet to fence fragments, then running north 87 degrees 02 minutes 40 seconds west 271.00 feet to a concrete monument “DFP–MD–LWR–453”, then running north 2 degrees 55 minutes 42 seconds west 377.96 feet to a concrete monument “DFP–MD–LWR–455”, then running north 2 degrees 55 minutes 42 seconds west 98.69 feet, then running north 28 degrees 40 minutes 16 seconds east 627.00 feet to a stone found “D”, then running north 28 degrees 40 minutes 16 seconds east 99.00 feet, then running north 53 degrees 40 minutes 16 seconds east 260.29 feet to a point at the end of the 2nd line of the land which by deed dated January 24, 1990 and recorded in the land records of Baltimore County in Liber 8395, Folio 016, was conveyed by the Roman Catholic Archbishop of Baltimore to the State of Maryland, for the use of the Department of Natural Resources, and running thence, north 33 degrees 15 minutes 54 seconds west 776.00 feet to a steel bar set in the southeasterly side of the macadam paving of the Wards Chapel Road, thence running in a northeasterly direction along Wards Chapel Road approximately 3,425 feet to the point of beginning.</text> </level> <level label="2"> <text>Exempting the Baltimore Gas and Electric Company and Susquehanna Power Company rights–of–way.</text> <text>Parcel 3:</text> <text>Beginning at a concrete monument “DFP–MD–LWR–142”, on a line, 869.24 feet from the beginning of the 1st line of Parcel 2 on the land which by deed dated October 7, 1971 and recorded in the land records of Baltimore County in Liber 5225, Folio 427 was conveyed by Samuel R. Zetzer, Homewood Holding Company et al. to the State of Maryland, for the use of the Department of Forest and Parks, on the south side of Wards Chapel Road where the aforementioned road meets the Baltimore Gas and Electric Company of Maryland row, and running thence, south 2 degrees 52 minutes 08 seconds west 1,277.14 feet, then running south 3 degrees 15 minutes 19 seconds west 1,747.92 feet, then running south 4 degrees 47 minutes 57 seconds west 1,193.24 feet to a concrete monument “DFP–MD–LWR–219”, then running south 4 degrees 47 minutes 16 seconds west 1755.00 feet, then running south 4 degrees 47 minutes 12 seconds west 24.64 feet, then running south 4 degrees 45 minutes 92 seconds west 1,315.89 feet to a steel bar marked “DFP–MD–LWR–371”, then running south 61 degrees 27 minutes 23 seconds west 109.28 feet to a concrete monument “DFP–MD–LWR–372”, then running south 61 degrees 27 minutes 23 seconds west 168.76 feet to a concrete monument “DFP–MD–LWR–397”, then running north 37 degrees 40 minutes 15 seconds east 353.20 feet to a stone, then running north 65 degrees 55 minutes 16 seconds east 298.16 feet to a concrete monument “DFP–MD–LWR–401”, then running north 30 degrees 25 minutes 16 seconds east 200.43 feet to a concrete monument “DFP–MD–LWR–402”, then running north 8 degrees 25 minutes 16 seconds east 240.18 feet to a concrete monument “DFP–MD–LWR–403”, then running south 70 degrees 17 minutes 23 seconds east 158.82 feet to a steel bar marked “DFP–MD–LWR–383”, then running south 70 degrees 17 minutes 23 seconds east 390.12 feet, then running south 70 degrees 17 minutes 23 seconds east 515.22 feet to a steel bar marked “DFP–MD–LWR–387”, then running north 26 degrees 54 minutes 10 seconds east 357.00 feet, south 63 degrees 25 minutes 58 seconds east 202.55 feet, south 26 degrees 54 minutes 02 seconds west 201.40 feet, south 62 degrees 33 minutes 00 seconds east 62.26 feet, north 26 degrees 54 minutes 02 seconds east 340.00 feet, south 63 degrees 25 minutes 58 seconds east 524.70 feet, north 20 degrees 44 minutes 02 seconds east 377.70 feet, north 05 degrees 54 minutes 07 seconds west 461.90 feet, north 63 degrees 40 minutes 31 seconds east 369.25 feet, north 17 degrees 48 minutes 47 seconds east 331.40 feet to a point where Mountain View Road and Deer Park Road intersect, thence running in a northwesterly direction on the southwest side of Deer Park Road for a distance of 5,610 feet to a point at the end of the 2nd line of the land which by deed dated November 9, 1989 and recorded in the land records of Baltimore County in Liber 8322, Folio 620 was conveyed by James Snodgrass and Joseph Snodgrass to the State of Maryland, for the use of the Department of Natural Resources, and running thence, south 54 degrees 45 minutes 04 seconds west 247.50 feet, then running north 29 degrees 47 minutes 52 seconds east 306.00 feet, then running north 55 degrees 06 minutes 48 seconds east 132.50 feet to a point at the southwest edge of Deer Park Road, then running north 34 degrees 00 minutes 00 seconds west 217.50 feet to the point of beginning.</text> </level> <level label="3"> <text>Exempting the Baltimore Gas and Electric Company power line right–of–way.</text> <text>Parcel 4:</text> <text>Beginning at a concrete monument “DFP–MD–LWR–373”, the beginning of the 3rd line of the land which by deed dated August 19, 1974 and recorded in the land records of Baltimore County in Liber 5476, Folio 837 was conveyed by Charles R. McComas to the State of Maryland, for the use of Forest and Parks, and running thence north 42 degrees 02 minutes 25 seconds east 158.03 feet to a concrete monument “DFP–MD–LWR–374”, then running south 57 degrees 07 minutes 53 seconds east 606.74 feet to a concrete monument “DFP–MD–LWR–236”, then running south 18 degrees 23 minutes 34 seconds east 415.05 feet, then running north 27 degrees 30 minutes 09 seconds east 260.87 feet, then running south 57 degrees 07 minutes 53 seconds east 42.30 feet to a concrete monument stamped “DFP–MD–LWR–236”, then running south 57 degrees 07 minutes 53 seconds east 1,671.36 feet, then running south 16 degrees 03 minutes 66 seconds east 267.69 feet to a steel bar “DFP–MD–LWR–115”, then running north 45 degrees 39 minutes 32 seconds east 176.99 feet, then running south 57 degrees 07 minutes 53 seconds west 57.79 feet to a concrete monument with brass disk “B G & E Co.”, then running north 87 degrees 37 minutes 10 seconds east 2012.51 feet, south 49 degrees 21 minutes 50 seconds east 87.74 feet, south 09 degrees 04 minutes 35 seconds west 357.32 feet, north 50 degrees 50 minutes 53 seconds east 39.76 feet, south 87 degrees 52 minutes 07 seconds 73.92 feet, south 77 degrees 53 minutes 07 seconds east 69.42 feet, south 58 degrees 46 minutes 07 seconds east 49.94 feet, north 68 degrees 06 minutes 59 seconds east 202.55 feet, south 49 degrees 21 minutes 50 seconds east 1643.61 feet, north 84 degrees 56 minutes 17 seconds east 216.49 feet, south 01 degrees 23 minutes 41 seconds east 1578.521 feet to a pipe, then running north 33 degrees 01 minutes 23 seconds west 230.89 feet to a stone, then running south 77 degrees 08 minutes 41 seconds west 500.34 feet to a stone, then running south 22 degrees 16 minutes 43 seconds east 213.84 feet to a stone, then running south 78 degrees 08 minutes 35 seconds west 383.95 feet to a stone, then running north 48 degrees 17 minutes 10 seconds west 548.67 feet to a concrete monument “DFP–MD–LWR–50”, then running south 38 degrees 17 minutes 07 seconds west 416.24 feet to a concrete monument “DFP–MD–LWR–48”, then running south 20 degrees 11 minutes 00 seconds west 831.91 feet to a stone, then running south 53 degrees 34 minutes 16 seconds east 570.91 feet to a stone, then running south 59 degrees 13 minutes 45 seconds east 764.58 feet to a concrete monument “DFP–MD–LWR–37”, then running south 27 degrees 19 minutes 04 seconds west 835.65 feet to a stone, then running south 59 degrees 08 minutes 52 seconds east 457.00 feet, north 33 degrees 28 minutes 35 seconds east 289.66 feet, south 31 degrees 23 minutes 31 seconds east 143.01 feet, south 65 degrees 31 minutes 16 seconds east 69.62 feet, south 73 degrees 35 minutes 06 seconds east 38.06 feet, south 48 degrees 06 minutes 31 seconds east 45.46 feet, south 76 degrees 40 minutes 31 seconds east 60.69 feet to a point, said point being on the northwesternmost right of way of Dolfield Road, then running with said right of way generally in a southwest direction to a point, said point being the intersection of the northwesternmost right of way and the south 31 degrees 18 minutes 08 seconds west 1027.13 foot line of the land which by deed dated July 18, 1973 and recorded in the land records of Baltimore County in Liber 5379, Folio 94 was conveyed by International Land and Development Co., Inc., to the State of Maryland, for the use of the Department of Natural Resources, and running with the remainder of said line, then running south 31 degrees 18 minutes 08 seconds west 1,012.13 feet, then running north 70 degrees 23 minutes 13 seconds west 887.00 feet to a stone, then running north 4 degrees 08 minutes 33 seconds west 382.59 feet, north 70 degrees 55 minutes 48 seconds west 520.96 feet, north 03 degrees 57 minutes 30 seconds west 520.96 feet, north 70 degrees 29 minutes 30 seconds west 570.42 feet, north 25 degrees 45 minutes 30 seconds west 68.30 feet, south 63 degrees 19 minutes 33 seconds west 84.35 feet, north 26 degrees 07 minutes 06 seconds west 307.00 feet, south 70 degrees 41 minutes 35 seconds east 182.59 feet to a concrete monument “DFP–MD–LWR–279”, then running north 21 degrees 30 minutes 11 seconds west 528.19 feet to a concrete monument “DFP–MD–LWR–277”, then running north 75 degrees 11 minutes 07 seconds west 247.80 feet to a concrete monument “DFP–MD–LWR–276”, then running north 21 degrees 29 minutes 12 seconds west 62.04 feet to a concrete monument “DFP–MD–LWR–275”, then running north 75 degrees 11 minutes 07 seconds west 433.47 feet to a concrete monument “DFP–MD–LWR–64”, then running north 29 degrees 00 minutes 00 seconds west 115.00 feet to a stone, then running south 75 degrees 19 minutes 26 seconds east 305.00 feet to a steel bar “DFP–MD–LWR–274”, then running north 27 degrees 37 minutes 34 seconds west 277.60 feet intersecting a point 623.80 feet from the beginning of the 16th line of the land which by deed dated October 7, 1971 and recorded in the land records of Baltimore County in Liber 5225, Folio 427 was conveyed by Samuel R. Zetzer, Homewood Holding Company et al. to the State of Maryland, for the use of the Department of Forest and Parks, running thence, north 75 degrees 13 minutes 34 seconds west 297.04 feet to a stone at the northeast edge of Deer Park Road, then running in a northwesterly direction along the aforementioned road 325.00 feet to an iron pipe 18.6 feet from the northwest edge of the aforementioned road, then running north 54 degrees 53 minutes 34 seconds east 809.00 feet, then running north 35 degrees 06 minutes 26 seconds west 560.48 feet, then running south 54 degrees 53 minutes 34 seconds west 155.42 feet, then running north 35 degrees 06 minutes 26 seconds west 199.94 feet, then running south 54 degrees 53 minutes 34 seconds west 180.92 feet to a point at the northwest edge of Deer Park Road, then running in a northwesterly direction approximately 1,237.5 feet along the northwest edge of Deer Park Road to a concrete monument “DFP–MD–LWR–128”, located 50.40 feet from the edge of the aforementioned road, then running north 30 degrees 15 minutes 08 seconds west 100.56 feet, then running north 34 degrees 04 minutes 12 seconds west 150.11 feet, then running north 44 degrees 38 minutes 49 seconds west 119.32 feet, then running north 51 degrees 06 minutes 39 seconds west 150.19 feet, then running north 43 degrees 52 minutes 12 seconds west 214.42 feet, then running north 37 degrees 25 minutes 59 seconds west 149.12 feet, then running north 36 degrees 12 minutes 15 seconds west 142.03 feet, then running north 31 degrees 40 minutes 15 seconds west 158.00 feet to a steel bar, then running north 26 degrees 43 minutes 43 seconds west 511.50 feet, then running north 54 degrees 10 minutes 45 seconds east 841.50 feet, then running north 52 degrees 39 minutes 08 seconds west 170.20 feet to a stone, then running south 55 degrees 06 minutes 48 seconds west 132.00 feet to a concrete monument “DFP–MD–LWR–238”, then running south 55 degrees 06 minutes 48 seconds west 643.00 feet to the northeast side of Deer Park Road, then running along the aforementioned road 600 feet to a point, and running thence, south 89 degrees 56 minutes 47 seconds east 500.00 feet, then running north 0 degrees 03 minutes 13 seconds west 150.00 feet, then running north 89 degrees 56 minutes 47 seconds west 150.00 feet, then running north 00 degrees 32 minutes 31 seconds east 249.90 feet to a pipe, then running north 89 degrees 56 minutes 47 seconds west 348.50 feet to a point on the northeast side of Deer Park Road, running thence, in a northwesterly direction 670 feet to a point 600 feet from the beginning of the 2nd line of the land which by deed dated August 19, 1974 and recorded in the land records of Baltimore County in Liber 5476, Folio 837 was conveyed by Charles R. McComas to the State of Maryland, for the use of Forest and Parks, thence running, north 2 degrees 52 minutes 08 seconds east 590.00 feet to a concrete monument “DFP–MD–LWR–373”, the point of beginning.</text> <text>Parcel 5:</text> <text>Beginning at a point, said point having the coordinate value 638425.77 north, 1363001.34 east (Maryland State plane grid system NAD83), and then running north 49 degrees 21 minutes 51 seconds west 695.83 feet, north 68 degrees 06 minutes 59 seconds east 195.92 feet, south 33 degrees 20 minutes 45 seconds east 629.88 feet to the point of beginning.</text> <text>Parcel 6:</text> <text>Beginning at a point, said point having the coordinate value 638425.77 north, 1363001.34 east (Maryland State plane grid system NAD83), and then running south 58 degrees 39 minutes 15 seconds east 1010.96 feet, south 01 degrees 23 minutes 41 seconds east 33.86 feet, south 84 degrees 56 minutes 17 seconds west 192.90 feet, north 49 degrees 21 minutes 50 seconds east 885.64 feet to the point of beginning.</text> <text>Parcel 7:</text> <text>Beginning at a point, said point being the end of the south 41 degrees 05 minutes 09 seconds west 676.77 foot line as shown on a plat of survey entitled “1st Amended Plat of Durkee Property”, prepared by Duvall and Associates, Inc., dated August 25, 1998 and recorded among the land records of Baltimore County in Plat Book 71, page 19, said point having the coordinate value 642713.07 north, 1355507.80 east (Maryland State plane grid system NAD83), and then running south 69 degrees 48 minutes 26 seconds west 586.56 feet, south 21 degrees 22 minutes 14 seconds east 213.44 feet, south 55 degrees 37 minutes 11 seconds west 942.71 feet more or less to a point, said point intersecting the boundary of the property of the State of Maryland, then running with said boundary south 33 degrees 04 minutes 36 seconds east 346.63 feet more or less, north 62 degrees 57 minutes 41 seconds east 86.46 feet more or less, then leaving the said State boundary and running north 62 degrees 16 minutes 10 seconds east 744.49 feet more or less, north 08 degrees 47 minutes 26 seconds west 213.01 feet more or less, north 55 degrees 16 minutes 03 seconds east 628.47 feet more or less, south 43 degrees 45 minutes 02 seconds west 492.70 feet more or less, south 46 degrees 12 minutes 42 seconds west 508.04 feet more or less, south 49 degrees 40 minutes 10 seconds west 519.62 feet more or less to a point, said point being on the existing boundary of the State of Maryland property, then running with said boundary north 42 degrees 01 minutes 00 seconds east 294.92 feet more or less, north 25 degrees 24 minutes 54 seconds west 607.13 feet more or less, north 84 degrees 42 minutes 30 seconds east 734.94 feet more or less, north 02 degrees 21 minutes 58 seconds east 979.00 feet more or less, north 52 degrees 45 minutes 25 seconds west 54.97 feet more or less, north 34 degrees 00 minutes 09 seconds west 85.95 feet more or less, north 02 degrees 21 minutes 57 seconds east 544.95 feet more or less, north 27 degrees 10 minutes 26 seconds west 288.20 feet more or less, north 56 degrees 34 minutes 34 seconds east 89.30 feet more or less, north 37 degrees 46 minutes 11 seconds west 618.92 feet more or less, north 54 degrees 42 minutes 10 seconds west 204.60 feet more or less, north 16 degrees 57 minutes 50 seconds west 703.48 feet more or less, south 55 degrees 44 minutes 11 seconds west 277.53 feet more or less, north 72 degrees 44 minutes 24 seconds west 560.36 feet more or less to a point, north 89 degrees 49 minutes 38 seconds west 336.13 feet more or less, south 40 degrees 13 minutes 01 seconds west 529.12 feet more or less, south 28 degrees 31 minutes 38 seconds west 1064.97 feet more or less, south 61 degrees 02 minutes 08 seconds east 1270.23 feet more or less, south 05 degrees 55 minutes 23 seconds west 280.50 feet more or less, south 40 degrees 50 minutes 50 seconds west 676.77 feet to the point of beginning. </text> </level> <level label="4"> <text>Exempting from the above described Parcels the following described tracts:</text> <text>Tract 1:</text> <text>Beginning at a point, said point being the beginning of the above described Parcel 1 and then running, south 21 degrees 35 minutes 00 seconds west 454.19 feet, then running south 04 degrees 01 minutes 00 seconds west 318.98 feet, then running south 56 degrees 34 minutes 00 seconds west 350.00 feet more or less to a point, then running north 48 degrees 00 minutes 00 seconds west 380.00 feet more or less to a point, then running north 72 degrees 00 minutes 00 seconds west 750.00 feet more or less to the end of the 35th line of Parcel 1, then running with the 36th, 37th, 38th, and 39th lines of said Parcel to the beginning.</text> <text>Tract 2:</text> <text>Beginning at a point, said point being north 69 degrees west 580.00 feet more or less from the end of the 24th line of Parcel 1, and then running north 69 degrees 00 minutes 00 seconds west 580.00 feet, then running north 21 degrees 00 minutes 00 seconds east 570.00 feet, then running north 47 degrees 00 minutes 00 seconds west 450.00 feet, then running south 64 degrees 00 minutes 00 seconds west 440.00 feet, then running north 17 degrees 30 minutes 00 seconds west 430.00 feet, then running north 72 degrees 30 minutes 00 seconds east 370.00 feet, then running north 19 degrees 00 minutes 00 seconds east 450.00 feet, then running south 65 degrees 00 minutes 00 seconds east 180.00 feet, then running north 82 degrees 00 minutes 00 seconds east 470.00 feet, then running north 58 degrees 00 minutes 00 seconds east 780.00 feet, then running north 32 degrees 00 minutes 00 seconds east 770.00 feet, then running south 09 degrees 00 minutes 00 seconds east 830.00 feet, then running south 59 degrees 30 minutes 00 seconds east 340.00 feet, then running south 05 degrees 30 minutes 00 seconds west 680.00 feet, then running north 59 degrees 00 minutes 00 seconds west 720.00 feet, then running south 10 degrees 00 minutes 00 seconds west 250.00 feet, then running south 75 degrees 00 minutes 00 seconds west 370.00 feet, then running south 65 degrees 30 minutes 00 seconds east 490.00 feet, then running south 24 degrees 00 minutes 00 seconds west 670.00 feet, then running north 54 degrees 30 minutes 00 seconds west 300.00 feet, then running south 18 degrees 30 minutes 00 seconds west 580.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Wards Chapel Road.</text> <text>Tract 3:</text> <text>Beginning at a point, said point being south 50 degrees west 160.00 feet more or less from the end of the 3rd line of the above described Parcel 1 and running north 52 degrees 00 minutes 00 seconds east 170.00 feet, then running south 38 degrees 00 minutes 00 seconds east 170.00 feet, then running south 52 degrees 00 minutes 00 seconds west 170.00 feet, then running north 38 degrees 00 minutes 00 seconds east 170.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Wards Chapel Road.</text> <text>Tract 4:</text> <text>Beginning at a point, said point being south 26 degrees east 530.00 feet from the end of the 4th line of the above described Parcel 1 and running south 82 degrees 00 minutes 00 seconds east 270.00 feet, then running south 08 degrees 00 minutes 00 seconds west 270.00 feet, then running north 82 degrees 00 minutes 00 seconds west 270.00 feet, then running north 08 degrees 00 minutes 00 seconds east 270.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Wards Chapel Road.</text> <text>Tract 5:</text> <text>Being a 20 foot right–of–way and described as follows: beginning at a point, said point being north 59 degrees 13 minutes 45 seconds west 141.60 feet from the end of the 26th line of the above described Parcel 4, and then running, north 88 degrees 35 minutes 20 seconds west 29.50 feet, then running north 65 degrees 31 minutes 10 seconds west 45.00 feet, then running north 56 degrees 30 minutes 40 seconds west 211.59 feet, then running north 82 degrees 28 minutes 10 seconds west 26.71 feet, then running south 70 degrees 31 minutes 20 seconds west 36.50 feet, then running south 39 degrees 39 minutes 50 seconds west 175.15 feet, then running south 40 degrees 09 minutes 20 seconds west 282.86 feet, then running south 54 degrees 22 minutes 20 seconds west 34.47 feet, then running south 83 degrees 10 minutes 20 seconds west 22.70 feet, then running north 76 degrees 44 minutes 40 seconds west 31.50 feet, then running north 58 degrees 35 minutes 40 seconds west 207.31 feet, then running north 40 degrees 18 minutes 40 seconds west 113.60 feet to the point of beginning.</text> <text>Tract 6:</text> <text>Beginning at a point, said point being north 20 degrees 13 minutes 04 seconds east 472.00 feet from the end of the 14th line of the above described Parcel 3, and then running south 70 degrees 17 minutes 23 seconds east 68.00 feet, then running north 20 degrees 13 minutes 04 seconds east 263.00 feet, then running north 70 degrees 17 minutes 23 seconds west 250.00 feet, then running south 20 degrees 13 minutes 14 seconds west 263.00 feet, then running south 70 degrees 17 minutes 23 seconds east 182.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Deer Park Road.</text> <text>Tract 7:</text> <text>Beginning at a point, said point being north 20 degrees 13 minutes 04 seconds east 932.00 feet from the end of the 13th line of the above described Parcel 3, and then running, north 83 degrees 20 minutes 37 seconds east 353.00 feet, then running north 03 degrees 04 minutes 45 seconds east 174.00 feet, then running south 83 degrees 20 minutes 37 seconds west 305.00 feet, then running south 20 degrees 13 minutes 04 seconds west 195.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Deer Park Road.</text> <text>Tract 8:</text> <text>Beginning at a point, said point being north 76 degrees 28 minutes 38 seconds east from a point located north 04 degrees 47 minutes 57 seconds east 880.00 feet from the end of the 3rd line of the above described Parcel 4, and then running south 85 degrees 12 minutes 03 seconds east 790.00 feet, then running south 04 degrees 47 minutes 57 seconds west 173.00 feet, then running south 85 degrees 12 minutes 03 seconds east 495.00 feet, then running south 04 degrees 47 minutes 57 seconds west 280.00 feet, then running north 85 degrees 12 minutes 03 seconds west 1,280.00 feet, then running north 04 degrees 47 minutes 57 seconds east 450.00 feet to the point of beginning.</text> <text>Including also the existing right–of–way to Deer Park Road.</text> <text>Tract 9:</text> <text>A Parcel of land containing a parking lot situate on the west side of Deer Park Road, 2,400.00 feet more or less south of the intersection with Wards Chapel Road.</text> <text>Tract 10:</text> <text>Beginning at a point, said point being on the west side of Deer Park Road, 1,200 feet south of the intersection with Wards Chapel Road, and then running south 58 degrees 00 minutes 00 seconds west 270.00 feet, then running south 07 degrees 00 minutes 00 seconds west 150.00 feet, then running south 15 degrees 00 minutes 00 seconds east 60.00 feet, then running south 86 degrees 00 minutes 00 seconds east 150.00 feet, then running north 62 degrees 00 minutes 00 seconds east 320.00 feet to a point on the west side of Deer Park Road, then running with said road to the point of beginning.</text> <text>Tract 11:</text> <text>Beginning at a point, said point being on the west side of Deer Park Road, 860 feet south of the intersection with Wards Chapel Road, and then running south 56 degrees 00 minutes 00 seconds east 680.00 feet, then running south 270.00 feet, then running north 50 degrees 00 minutes 00 seconds east 330.00 feet, then running north 42 degrees 00 minutes 00 seconds east 470.00 feet to the west side of Deer Park Road, then running with said road to the point of beginning.</text> </level> <level label="5"> <text>The Soldiers Delight Wildland Area contains unique ecological features associated with serpentine soils. Active manipulation of the landscape may be required to maintain these features. Notwithstanding any other provisions of this title, the Department may:</text> <level label="i"> <text>Remove, replace, or dispose of vegetation using mechanical or motorized equipment; and</text> </level> <level label="ii"> <text>Erect fencing, gates, and signage associated with the protection and interpretation of unique natural or historical elements as called for in the management plan for the area.</text> </level> </level> </level> <level label="s"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Carroll County containing approximately 499 acres and described as follows is a Type 2 State wildland and shall be named the “Morgan Run Wildland”:</text> <text>Beginning for the same at a concrete monument (No. 43), said point being the beginning of the 11th line of a tract of land which by deed dated October 17, 1977, and recorded in the land records of Carroll County in Liber 683, Folio, 062, was conveyed by James T. and Gladys R. Warthen to the State of Maryland for the use of the Department of Natural Resources, then binding and running with the 11th and 12th lines of said land, south 59 degrees 28 minutes 50 seconds east 1,026.88 feet to a pipe, then running north 86 degrees 39 minutes 00 seconds east 275.00, to a pipe on the westernmost side of Jim Bower’s Road, then running south with and along the westernmost side of Jim Bower’s Road, extended, 2,700 feet more or less, crossing Morgan Run, thence running, with the southern bank of Morgan Run 25.00 feet more or less, to a point, thence running north crossing Morgan Run and then with and along the easternmost side of Jim Bower’s Road 900.00 feet more or less, to a point on the exterior boundary of Morgan Run Natural Environment Area as surveyed by Leon Podolak and Associates (survey dated March 13, 1990) said point being located south 62 degrees 05 minutes 51 seconds east 30.00 feet from a concrete monument stamped no. 37 and located on the west side of Jim Bower’s Road, then running south 62 degrees 05 minutes 51 seconds east 555.00 feet more or less, to a stone, then running south 85 degrees 08 minutes 57 seconds east 634.36 feet to a concrete monument (no. 36), then running south 40 degrees 14 minutes 29 seconds east 548.58 feet to a concrete monument (no. 35), then running south 33 degrees 31 minutes 06 seconds east 704.28 feet to a concrete monument (no. 34), it being located where a stone formerly stood, said point also being the end of the 9th line of the land by which deed dated March 14, 1977 and recorded in the land records of Carroll County in Liber 657, Folio 258, was conveyed by Lewis G. Miller to the State of Maryland, for the use of the Department of Natural Resources, then binding on and reversing the 9th and 8th lines of said tract of land south 15 degrees 52 minutes 14 seconds west 262.59 feet to a stone, then running south 07 degrees 51 minutes 06 seconds east 299.41 feet to a stone, said point being at the beginning of the 10th line of the land by which deed dated October 10, 1983, and recorded in the land records of Carroll County in Liber 847, Folio 467, was conveyed by Joseph C. and Monica Ann Wisby to the State of Maryland, for the use of the Department of Natural Resources, thence running with the 10th and 1st lines of said land, south 56 degrees 42 minutes 59 seconds east 422.23 feet, then running south 30 degrees 20 minutes 29 seconds east 264.00 feet to an iron pin set at the base of a large rock 25 feet from the north bank of Morgan Run, said point also being at the end of the 4th line of the land by which deed dated December 30, 1975, and recorded in the land records of Carroll County in Liber 612, Folio 515, was conveyed by Harry and Margaret Barker to the State of Maryland, thence binding and reversing with the 4th and 3rd lines of said land, south 33 degrees 00 minutes 00 seconds east 907.50 feet more or less, to a point, then running south 03 degrees 30 minutes 00 seconds east 346.50 feet more or less, to a point on the northwest side of Klees Mill Road, then running along the northwest side of Klees Mill Road 50.00 feet more or less, to a point on the northeast side of an old farm road, then running along the north side of aforementioned road 600.00 feet more or less, to a point on the 6th line of the aforementioned conveyance to the State of Maryland by Harry and Margaret Barker and binding and reversing said line, north 43 degrees 30 minutes 00 seconds west 50.00 feet more or less, to a concrete monument (no. 30), said point being the end of the 2nd line of the aforementioned conveyance from Joseph C. and Monica Ann Wisby to the State of Maryland then running with the 3rd and 4th and 5th lines of said land, north 40 degrees 34 minutes 33 seconds west 346.34 feet to a concrete monument (no. 31), then running north 68 degrees 41 minutes 35 seconds west 2,164.52 feet to a concrete monument (no. 32), then running south 86 degrees 37 minutes 49 seconds west 33.00 feet to a concrete monument (no. 33), said point being the end of the 27th line of the land by which deed dated July 1, 1975 and recorded in the land records of Carroll County in Liber 596, Folio 657, was conveyed by Bill Gene and Mary Louise Honbarrier to the State of Maryland, for the use of the Department of Natural Resources, thence binding on and reversing the 27th, 26th, 25th, and 24th lines of said land, then running north 89 degrees 22 minutes 30 seconds west 1,316.70 feet, then running south 76 degrees 30 minutes 00 seconds west 475.20 feet, then running south 59 degrees 15 minutes 00 seconds west 651.75 feet, then running north 60 degrees 37 minutes 30 seconds west 303.60 feet to a stone formerly planted, said stone being located on the 1st line of the land by which deed dated July 31, 1975 and recorded in the land records of Carroll County in Liber 598, Folio 189, was conveyed by Ira Berger et al. to the State of Maryland, to the use of the Department of Natural Resources, thence running with the remainder of the first line of said land, north 08 degrees 00 minutes 00 seconds east 400.00 feet more or less, to a stone, then running south 86 degrees 30 minutes 00 seconds west 173.25 feet to a stone, then running in a northwesterly direction 3,200.00 feet more or less, to a point in the eastern right–of–way of Maryland Route 97, then running along the east side of Maryland Route 97 in a northeasterly direction 3,000.00 feet more or less, to a concrete monument stamped no. 29, said monument being located by the aforementioned plat of survey by Leon Podolak and Associates, then running along line “F” as established by said survey, south 67 degrees 12 minutes 18 seconds east 473.00 feet to a concrete monument (no. 28), then running south 63 degrees 42 minutes 18 seconds east 1,470.00 feet to a concrete monument (no. 27), then running south 60 degrees 27 minutes 18 seconds east 690.00 feet to a concrete monument (no. 26), then running south 81 degrees 27 minutes 18 seconds east 396.00 feet to a concrete monument (no. 25), then running south 64 degrees 57 minutes 18 seconds east 250.00 feet to a concrete monument (no. 24), then running south 13 degrees 02 minutes 39 seconds east 300.00 feet to a concrete monument (no. 23), then running south 81 degrees 38 minutes 27 seconds east 330.00 feet to a concrete monument (no. 46), then running north 04 degrees 05 minutes 54 seconds west 429.00 feet to a concrete monument (no. 45), then running south 57 degrees 33 minutes 40 seconds west 522.99 feet to a concrete monument (no. 44), then running north 04 degrees 21 minutes 07 seconds west 1,439.62 feet to a stone, then running south 87 degrees 10 minutes 12 seconds west 176.91 feet to a stone, then running north 23 degrees 17 minutes 07 seconds east 329.74 feet to a stone, then running north 06 degrees 00 minutes 17 seconds west 414.04 feet to a concrete monument (no. 43) and the point of beginning.</text> </level> <level label="2"> <text>Notwithstanding any other provisions of this title, the Department may utilize mechanical or motorized equipment to create and maintain recreational trails as called for in the Morgan Run Natural Environment Area Master Plan.</text> </level> </level> <level label="t"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Baltimore County containing approximately 1,073 acres and described as follows is a Type 2 State wildland and shall be named the “Sweathouse Branch Wildland”:</text> <text>Beginning for the same at a point at the end of the north 22 degrees 02 minutes 00 seconds east 639.72 feet line of the land which by deed dated September 23, 1966 and recorded among the land records of Baltimore County in Liber 4676, Folio 270, was conveyed by Herman and Elizabeth Hutschenreuter to the State of Maryland for the use of the Department of Natural Resources, and running thence, south 85 degrees 48 minutes 30 seconds east 511.28 feet to a point, then running south 40 degrees 15 minutes 30 seconds east 560.00 to a point lying on the west side of Sweathouse Branch and running thence on said branch, south 26 degrees 05 minutes 40 seconds west 528.00 feet, then running south 18 degrees 23 minutes 00 seconds west 223.06 feet, then running south 08 degrees 33 minutes 50 seconds west 50.22 feet, then running south 76 degrees 00 minutes 00 seconds east 230.11 feet, then running south 25 degrees 26 minutes 40 seconds west 458.57 feet, then running south 06 degrees 41 minutes 30 seconds east 362.98 feet, then running south 83 degrees 34 minutes 50 seconds west 600.71 feet, then running south 07 degrees 33 minutes 40 seconds east 862.54 feet, then running south 05 degrees 46 minutes 45 seconds east 521.09 feet, then running south 37 degrees 24 minutes 15 seconds west 530.45 feet, then running south 52 degrees 35 minutes 45 seconds west 600.00 feet to a point on the east side of Stocksdale Road, then running along the east side of Stocksdale Road 900.00 feet more or less, to a point on the 7th line of a tract of land deeded to the State of Maryland for the use of the Department of Natural Resources by Mamie Mohr on August 4, 1961 and recorded among the land records of Baltimore County, thence reversing and binding on said line, south 82 degrees 31 minutes 00 seconds east 620.00 feet more or less, to the end of the 6th line of the aforementioned deed, thence running with the 6th to the 1st lines thereof and reversing, south 72 degrees 42 minutes 00 seconds east 564.00 feet, then running south 32 degrees 51 minutes 30 seconds east 1469.65 feet, then running south 19 degrees 31 minutes 20 seconds east 17.18 feet, then running south 02 degrees 10 minutes 50 seconds east 474.43 feet, then running south 43 degrees 01 minutes 50 seconds east 1,266.64 feet, then running south 37 degrees 01 minutes 20 seconds east 2,274.00 feet to a point in the western right–of–way of Belair Road, then running along the west side of Belair Road in a southwesterly direction 2,786.00 feet more or less, to the north bank of the Big Gunpowder Falls, thence running along the north bank of the Big Gunpowder Falls 9,900.00 feet more or less, to a point, then running in a northwesterly direction 900.00 feet more or less, to a point, said point being the beginning of the 4th line of the land which by deed dated September 20, 1984 and recorded in the land records of Baltimore County in Liber 6805, Folio _____ was conveyed by Issac Twinning et al. to the State of Maryland for the use of the Department of Natural Resources, said point being part of the first Parcel of said deed, thence running with the 3rd and 4th line of said deed, north 40 degrees 22 minutes 21 seconds east 589.61 feet, then running north 46 degrees 19 minutes 30 seconds west 412.50 feet, then running north 43 degrees 54 minutes 40 seconds west 680.00 feet, then running north 43 degrees 33 minutes 20 seconds west 20.00 feet, then running north 43 degrees 56 minutes 40 seconds east 900.00 feet, then running south 46 degrees 03 minutes 20 seconds east 900.00 feet, then running north 43 degrees 56 minutes 40 seconds east 900.00 feet, then running north 15 degrees 33 minutes 00 seconds east 463.00 feet more or less, to the end of the 1st line of the land which by deed dated December 16, 1963 and recorded in the land records of Baltimore County in Liber 4243, Folio 356 was conveyed by Rosena Brodt et al. to the State of Maryland, to the use of the Department of Forests and Parks. Thence running with the 2nd, 3rd, 4th, 5th and part of the 6th line of said deed, north 02 degrees 21 minutes 00 seconds west 924.60 feet, then running south 78 degrees 51 minutes 26 seconds west 336.34 feet, then running north 17 degrees 34 minutes 17 seconds east 629.37 feet, then running south 85 degrees 36 minutes 00 seconds west 925.55 feet thence running north 04 degrees 42 minutes 40 seconds west 193.35 feet, thence running, south 65 degrees 31 minutes 30 seconds west 855.03 feet, then running north 45 degrees 17 minutes 00 seconds west 464.64 feet, then running north 45 degrees 21 minutes 30 seconds east 735.90 feet, then running north 53 degrees 06 minutes 30 seconds east 283.80 feet, then running north 51 degrees 06 minutes 30 seconds east 854.70 feet, then running north 24 degrees 13 minutes 50 seconds west 137.75 feet, then running north 24 degrees 49 minutes 23 seconds west 69.44 feet, then running north 31 degrees 08 minutes 12 seconds west 241.71 feet, then running north 51 degrees 55 minutes 32 seconds east 385.38 feet, then running south 19 degrees 42 minutes 34 seconds east 240.53 feet, then running south 56 degrees 04 minutes 00 seconds east 251.14 feet, then running north 34 degrees 48 minutes 15 seconds east 1,910.00 feet more or less, to the end of the 15th line of the land which by deed dated November 15, 1965 and recorded in the land records of Baltimore County in Liber 4551, Folio 435 was conveyed by J. Paul and Isabelle Herzog to the State of Maryland for the use of the Department of Forests and Parks, then binding and reversing the 15th, 14th, 13th, 12th, and 11th lines of said land, north 63 degrees 25 minutes 20 seconds west 976.77 feet, then running south 02 degrees 23 minutes 40 seconds west 108.90 feet, then running north 82 degrees 01 minutes 20 seconds west 185.63 feet, then running south 28 degrees 08 minutes 40 seconds west 304.70 feet, then running south 16 degrees 04 minutes 50 seconds west 680.88 feet, then running south 65 degrees 16 minutes 40 seconds east 1,347.22 feet, then running north 73 degrees 50 minutes 30 seconds east 365.00 feet, then running north 10 degrees 03 minutes 10 seconds west 175.43 feet, then running north 39 degrees 20 minutes 50 seconds east 636.40 feet, then running north 39 degrees 20 minutes 50 seconds east 730.00 feet, then running north 71 degrees 40 minutes 50 seconds west 201.52 feet, then running north 25 degrees 59 minutes 00 seconds west 308.15 feet, then running north 61 degrees 51 minutes 00 seconds east 856.29 feet, then running north 09 degrees 40 minutes 00 seconds east 506.19 feet, then running north 83 degrees 53 minutes 00 seconds west 281.60 feet, then running north 22 degrees 02 minutes 00 seconds east 639.72 feet to the beginning.</text> </level> <level label="u"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Baltimore County containing approximately 735 acres and described as follows is a Type 2 State wildland and shall be named the “Panther Branch Wildland”:</text> <text>Beginning at an iron pipe, said point being the beginning of the 1st line of the land which by deed dated January 8, 1976 and recorded in the land records of Baltimore County in Liber 5606, Folio 521 was conveyed by George R. Moore and Raymond L. Moore and William E. Berndt and Henry F. Le Brun of Baltimore County to the State of Maryland to the use of the Department of Natural Resources, said point also having Maryland State plane coordinates north 647052.52, east 902630.27, then running in a southerly direction along the west side of Big Falls Road, 2,362.35 feet, to a pipe with State plane coordinates of north 644,954.66, east 901,711.01, then north 46 degrees 23 minutes 08 seconds west 204.65 feet, then running south 30 degrees 06 minutes 50 seconds east 420.00 feet, then running south 46 degrees 23 minutes 08 seconds east 204.92 feet to a pipe with coordinates north 644591.17, east 901500.48, then running in a southerly direction along the west side of Big Falls Road a distance of 480.00 feet to a point where the line leaves the road, then running, north 21 degrees 58 minutes 37 seconds west 420.00 feet to a pipe, then running south 42 degrees 12 minutes 28 seconds west 420.00 feet to a pipe with coordinates of north 644322.04, east 900785.69, then running north 21 degrees 58 minutes 37 seconds west 660.00 feet to a pipe, then running south 55 degrees 07 minutes 50 seconds east 566.14 feet to a stone, then running south 22 degrees 32 minutes 10 seconds east 650.32 feet to a stone with coordinates north 644067.10, east 900357.20, then running, south 57 degrees 42 minutes 10 seconds west 76.84 feet to a pipe, then running south 32 degrees 59 minutes 50 seconds east 37.09 feet to a pipe, then running south 59 degrees 55 minutes 20 seconds west 259.51 feet to an iron pin, then running south 61 degrees 30 minutes 20 seconds west 63.79 feet to a pipe, then running south 57 degrees 03 minutes 00 seconds west 10.30 feet to a pipe with coordinates north 643782.54, east 899945.40, then running north 20 degrees 04 minutes 28 seconds west 575.66 feet to a pipe, then running north 19 degrees 32 minutes 50 seconds west 138.79 feet to a point, then running south 49 degrees 23 minutes 56 seconds west 153.96 feet to a point, then running south 19 degrees 30 minutes 40 seconds east 725.70 feet to a pipe, then running south 46 degrees 26 minutes 18 seconds west 297.84 feet to a stone with coordinates north 643464.55, east 899611.03, then running south 57 degrees 45 minutes 30 seconds west 920.93 feet to a stone scribed “IH” with coordinates north 642973.24, east 898832.10, then running, north 18 degrees 07 minutes 15 seconds west 122.96 feet to a stone, then running north 68 degrees 59 minutes 58 seconds west 336.33 feet to a pipe, then running north 68 degrees 59 minutes 58 seconds west 212.19 feet to a stone, then running south 26 degrees 50 minutes 00 seconds west 56.22 feet to a pipe, then running south 42 degrees 59 minutes 00 seconds west 132.03 feet to a pipe, then running north 59 degrees 59 minutes 20 seconds west 113.79 feet to a pipe, then running north 33 degrees 52 minutes 40 seconds east 212.91 feet to a 30 inch oak tree, as surveyed in 1960, then running, north 65 degrees 39 minutes 00 seconds west 468.11 feet to a pipe, then running north 18 degrees 15 minutes 50 seconds west 1419.98 feet to a stone, then running east 900.00 feet to a point, then running north 20 degrees 30 minutes 00 seconds east 550.00 feet more or less, to a point, then running north 29 degrees 00 minutes 00 seconds west 550.00 feet more or less, to a point, then running north 70 degrees 00 minutes 00 seconds west 780.00 feet more or less, to a point, then running north 35 degrees 00 minutes 00 seconds west 300.00 feet more or less, to a point, then running north 200.00 feet more or less, to a point, then running south 62 degrees 00 minutes 00 seconds west 700.00 feet, more or less, to a point on the eastern right–of–way of Maryland Route 45, then running with the eastern side of Route 45 in a northerly direction 2,198.00 feet more or less, to a point in the center of the Gunpowder Falls, said point having coordinates north 648909.58, east 895934.02, then continuing along the east side of Maryland Route 45 in a northwesterly direction 135.00 feet, more or less, to intersect the 3rd line of a tract of land which by deed dated July 27, 1982, and recorded in Liber 6422, Folio 469 of the land records of Baltimore County, was conveyed by Daniel S. Sullivan, Jr., trustee of the estate of Thelma Mitchell Smith, to the State of Maryland for the use of the Department of Natural Resources, then running with the remainder of said 3rd line and with the 4th, 5th, and 6th lines, north 38 degrees 09 minutes 00 seconds west 105.00 feet more or less, to a point, then running south 74 degrees 51 minutes 00 seconds east 360.00 feet to a pipe, then running north 31 degrees 38 minutes 43 seconds east 1,099.49 feet to a pipe, then running south 65 degrees 22 minutes 13 seconds east 587.93 feet to a pipe, with coordinates north 649722.11, east 897422.79, then running, north 29 degrees 59 minutes 10 seconds east 60.00 feet to a pipe, then running north 16 degrees 10 minutes 10 seconds east 312.03 feet to a stone, then running north 23 degrees 40 minutes 50 seconds east 89.52 feet to a stone, then running north 32 degrees 26 minutes 31 seconds east 765.13 feet to a pipe, then running north 81 degrees 40 minutes 51 seconds east 521.88 feet to a pipe, then running north 81 degrees 40 minutes 51 seconds east 644.56 feet to a pipe, then running south 31 degrees 04 minutes 18 seconds east 260.00 feet to a stone with coordinates north 650747.54, east 899202.53, then running north 37 degrees 57 minutes 20 seconds east 166.46 feet to a stone, then running south 39 degrees 42 minutes 47 seconds east 263.06 feet to a stone, then running south 66 degrees 56 minutes 32 seconds east 411.28 feet to a stone, then running south 69 degrees 23 minutes 26 seconds east 442.05 feet to a stone with coordinates north 650359.75, east 900265.17, then running south 35 degrees 35 minutes 30 seconds east 130.89 feet to a stone, then running south 35 degrees 55 minutes 10 seconds east 111.28 feet to a stone, then running south 50 degrees 36 minutes 46 seconds east 1,266.87 feet to a pipe, then running south 55 degrees 41 minutes 17 seconds west 505.00 feet to a pipe, then running south 55 degrees 42 minutes 35 seconds west 120.65 feet to a pipe with coordinates north 649010.19, east 900873.59, then running south 28 degrees 07 minutes 43 seconds east 416.06 feet to a pipe, then running south 18 degrees 56 minutes 02 seconds east 817.50 feet to a pipe, then running south 63 degrees 45 minutes 00 seconds east 406.97 feet to a pipe, then running north 66 degrees 21 minutes 00 seconds east 876.12 feet to a pipe, then running south 33 degrees 04 minutes 16 seconds east 90.00 feet to a pipe, then running south 33 degrees 04 minutes 16 seconds east 621.52 feet to a pipe on the north side of Big Falls Road, then running with the north side of Big Falls Road south 33 degrees 01 minutes 40 seconds west 148.76 feet to a point, then running south 22 degrees 38 minutes 29 seconds west 36.06 feet to the beginning.</text> </level> <level label="v"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Washington and Allegany counties containing approximately 1,555 acres and described as follows is a Type 2 wildland and shall be named the “Sideling Hill Wildland”:</text> <text>Parcel 1:</text> <text>Beginning for the same, at a point, said point being the beginning of a tract of land which by deed dated July 26, 1927, and recorded in the land records of Washington County in Liber 178, Folio 75, was conveyed by Washington Orchard Company to the State of Maryland, for the use of the Game and Conservation Department, said point also being the beginning of Parcel 2 of a tract of land which by deed dated July 26, 1927 and recorded in the land records of Allegany County in Liber 156, Folio 135 was conveyed by the Washington Orchard Company to the State of Maryland, for the use of the Game and Conservation Department, thence binding on and reversing on the 93rd, 92nd, 91st, 90th lines of the aforementioned first tract of land, south 74 degrees 00 minutes 00 seconds east 412.50 feet to a stone, then running north 80 degrees 30 minutes 00 seconds east 313.50 feet to a point, then running north 34 degrees 30 minutes 00 seconds east 1,650.00 feet to a stone, then running south 66 degrees 30 minutes 00 seconds east 1,600.50 feet more or less, to a point on the western edge of Riser Road, then running with the western edge of Riser Road, in a southwesterly direction, 7,950.00 feet more or less, to a point, said point being the beginning of the second Parcel of a tract of land which by deed dated September 17, 1958, and recorded in the land records of Allegany County in Liber 340, Folio 276, was conveyed by Baltimore Area Council Boy Scouts of America, Incorporated to the State of Maryland, for the use of the Game and Inland Fish Commission, then running, north 18 degrees 00 minutes 00 seconds west 540.00 feet to a point, then running north 55 degrees 00 minutes 00 seconds west 367.00 feet to a point, then running north 19 degrees 00 minutes 00 seconds west 104.00 feet to a point, then running south 50 degrees 00 minutes 00 seconds west 40.00 feet to a point in the center of a spring, then running north 43 degrees 00 minutes 00 seconds west 405.00 feet, to a stone pile set on the north side of a Wood Road, then running, north 66 degrees 00 minutes 00 seconds west 396.00 feet to a point, then running north 10 degrees 00 minutes 00 seconds west 396.00 feet to a point, then running north 15 degrees 30 minutes 00 seconds west 278.00 feet to a point, then running north 15 degrees 30 minutes 00 seconds west 478.00 feet to a point, then running north 46 degrees 00 minutes 00 seconds east 309.00 feet to a stone pile on the south bank of Sideling Hill Creek, then crossing said creek and running, north 46 degrees 00 minutes 00 seconds east 87.00 feet to a point, said point being on the 23rd line of the second aforementioned tract of land, then running with said tract of land and along Sideling Hill Creek, north 53 degrees 30 minutes 00 seconds west 900.00 feet more or less, to a point, then running north 65 degrees 25 minutes 00 seconds west 834.90 feet more or less, to a point, then running north 54 degrees 45 minutes 00 seconds west 396.00 feet more or less, to a point, then leaving the creek and running, south 47 degrees 45 minutes 00 seconds west 214.50 feet more or less, to a point on the south bank of the creek, then running north 56 degrees 00 minutes 00 seconds west 660.00 feet more or less, to a point near the creek, then running south 56 degrees 00 minutes 00 seconds west 1,501.50 feet more or less, to a point, then running south 44 degrees 00 minutes 00 seconds west 198.00 feet more or less, to a point near the east bank of the creek, then running north 47 degrees 00 minutes 00 seconds east 247.50 feet more or less, then crossing the creek and running, north 31 degrees 30 minutes 00 seconds east 247.50 feet more or less, to a point, then running south 33 degrees 00 minutes 00 seconds east 198.00 feet more or less, to a point near the west bank of the creek, then running north 55 degrees 00 minutes 00 seconds east 132.00 feet more or less, to a point, then leaving the creek and running, north 45 degrees 00 minutes 00 seconds west 231.00 feet, then running north 28 degrees 00 minutes 00 seconds west 99.00 feet, then running north 09 degrees 00 minutes 00 seconds west 561.00 feet, then running north 15 degrees 00 minutes 00 seconds east 759.00 feet, then running north 31 degrees 00 minutes 00 seconds east 396.00 feet, then running north 89 degrees 00 minutes 00 seconds east 627.00 feet, then running north 30 degrees 00 minutes 00 seconds east 429.00 feet, then running south 80 degrees 00 minutes 00 seconds east 561.00 feet, then running north 57 degrees 15 minutes 00 seconds east 412.50 feet, then running south 56 degrees 00 minutes 00 seconds east 441.37 feet, then running north 33 degrees 00 minutes 00 seconds east 792.00 feet, then running north 50 degrees 30 minutes 00 seconds east 231.00 feet, then running north 17 degrees 00 minutes 00 seconds west 346.50 feet to a pole line, then running with said pole line, south 85 degrees 30 minutes 00 seconds east 970.00 feet then leaving said pole line and running south 50.00 feet, then running south 59 degrees 00 minutes 00 seconds east 495.00 feet, then running north 86 degrees 30 minutes 00 seconds east 330.00 feet, then running north 86 degrees 30 minutes 00 seconds east 1,839.75 feet, then running south 57 degrees 00 minutes 00 seconds east 264.00 feet, then running south 30 degrees 00 minutes 00 seconds east 330.00 feet, then running south 06 degrees 15 minutes 00 seconds east 519.75 feet, then running south 86 degrees 00 minutes 00 seconds east 231.00 feet, then running south 74 degrees 00 minutes 00 seconds east 49.50 feet to the beginning.</text> </level> <level label="2"> <text>Exempting a tract of land described as beginning at a point, said point being north 30 degrees 00 east 1,450 feet from the end of the 16th line of the above described Parcel of land, said point being the center of a Parcel of land with a radius of 75.00 feet, this circular Parcel of land contains 0.405 acres.</text> </level> <level label="3"> <text>Exempting a tract of land described as beginning at a point, said point being south 37 degrees 00 minutes 00 seconds west 275.00 feet from the beginning of the 44th line of the above described wildland and running south 56 degrees 00 minutes east 875.00 feet, then running south 17 degrees 00 minutes east 925.00 feet, then running north 65 degrees 30 minutes west 940.00 feet, then running south 54 degrees 00 minutes west 360.00 feet, then running north 30 degrees 00 minutes west 660.00 feet, then running north 37 degrees 00 minutes east 800.00 feet to the beginning.</text> <text>Parcel 2:</text> <text>Beginning at a point in Sideling Hill Creek, said point being the end of the 30th or north 49 degrees 00 minutes west line of a tract of land which by deed dated July 26, 1927, and recorded in the land records of Washington County in Liber 178, Folio 75, was conveyed by Washington Orchard Company to the State of Maryland, for the use of the Game and Conservation Department, thence binding and reversing on the 30th and 29th lines of said tract of land, south 49 degrees 00 minutes 00 seconds east 1,815.00 feet to a point, then running south 56 degrees 00 minutes 00 seconds east 412.50 feet to a point, then running south 56 degrees 00 minutes 00 seconds east 450.00 feet more or less, to a point, then running south 36 degrees 30 minutes 00 seconds west 1,400.00 feet more or less, to a point, then running south 61 degrees 45 minutes 00 seconds west 530.00 feet, more or less, to a concrete monument, said monument being the end of the 3rd line, of the Parcel, of a tract of land which by deed dated March 4, 1991, and recorded in the land records of Washington County in Liber 985, Folio 819, was conveyed by the Baltimore Area Council, Boy Scouts of America, Inc. to the State of Maryland, for the use of the Department of Natural Resources, thence binding on and reversing the 3rd and 2nd lines of said tract of land north 51 degrees 15 minutes 46 seconds west 1,968.98 feet to a stone pile, then running south 78 degrees 07 minutes 23 seconds west 584.37 feet to a 3/8” rebar, then running north 30 degrees 00 minutes 00 seconds west 1,740.00 feet more or less, to a point in Sideling Hill Creek, then running with the creek in a southwesterly direction, 1,200.00 feet more or less, to a point, then running north 40 degrees 00 minutes 00 seconds west 1,250.00 feet more or less, to a point at the end of the 32nd line of the first Parcel of a tract of land which by deed dated September 17, 1958, and recorded in the land records of Allegany County in Liber 340, Folio 276, was conveyed by Baltimore Area Council Boy Scouts of America, Incorporated to the State of Maryland, for the use of the Game and Inland Fish Commission, then running with said tract of land with the 32nd through the 17th and part of the 16th lines, reversed, south 73 degrees 30 minutes 00 seconds east 220.00 feet, then running north 122.00 feet, then running north 70 degrees 00 minutes 00 seconds east 86.00 feet, then running south 56 degrees 45 minutes 00 seconds east 165.00 feet, then running south 81 degrees 00 minutes 00 seconds east 332.00 feet, then running south 51 degrees 15 minutes 00 seconds east 99.00 feet to a stone marked “39”, then running north 84 degrees 00 minutes 00 seconds east 205.00 feet to a stone marked “38”, then running north 59 degrees 15 minutes 00 seconds east 1,012.00 feet to a stone marked “37”, then running north 35 degrees 15 minutes 00 seconds east 447.00 feet to a stone marked “36”, then running north 60 degrees 00 minutes 00 seconds east 314.00 feet to a stone marked “35”, then running north 30 degrees 00 minutes 00 seconds west 266.00 feet to a stone marked “34”, then running north 23 degrees 00 minutes 00 seconds east 146.00 feet to a stone marked “33”, then running south 85 degrees 00 minutes 00 seconds east 842.00 feet to a stone marked “32”, then running south 10 degrees 00 minutes 00 seconds east 132.00 feet, then running south 44 degrees 30 minutes 00 seconds west 122.00 feet to a stone marked “30”, then running south 69 degrees 00 minutes 00 seconds east 858.00 feet to a point in the center of Sideling Hill Creek, then running with the center of the creek south 03 degrees 00 minutes 00 seconds west 200.00 feet more or less, to the point of beginning.</text> <text>Parcel 3:</text> <text>Beginning for the same at a point, said point being the beginning of the first line of the parcel of land described in a deed dated August 7, 1931 and recorded August 15, 1941 among the land records of Allegany County in Liber 166, Folio 194 which was conveyed by Mary George et al. to the State of Maryland, then running with said first line 703.01 feet to the westernmost right of way of Hoop Pole Road, then running with the westernmost right of way of said Hoop Pole Road in a southerly direction 7137.41 feet to a point of intersection with the westerly right of way of Hoop Pole Road and the fifty first line of the abovementioned conveyance from Mary George et al. to the State of Maryland, then leaving said road and running with the existing State Forest boundary south 70 degrees west 290.78 feet, then south 20 degrees east 584.15 feet to a point, said point being the beginning of the first line of the parcel of land described in a deed dated September 27, 1984 and recorded among the land records of Allegany County in Liber 545, Folio 546 which was conveyed by Millard H Creek and Gale L Creek, his wife, to the State of Maryland, for the use of the Department of Natural Resources, said point also being on the south side of Stottlemyer Road, then running with the south and west side of Stottlemyer Road 2026.71 feet to a point at the end of the sixteenth line of the above mentioned conveyance from Millard H Creek and Gale L Creek, his wife, to the State of Maryland, for the use of the Department of Natural Resources, then leaving the westernmost right of way of Stottlemyer Road and the boundary of Green Ridge State Forest and running the following courses, south 78 degrees 58 minutes 25 seconds west 1297.0 feet to a point, said point having the coordinate value 727797.69 north, 927314.07 east (Maryland State plane grid system NAD83), then south 57 degrees 25 minutes 29 seconds west 404.8 feet, then south 85 degrees 04 minutes 13 seconds west 1476.8 feet to a point, said point having the coordinate value 727452.82 north, 925501.54 east (Maryland State plane grid system NAD83), then north 74 degrees 08 minutes 29 seconds west 860.00 more or less to the easternmost right of way of Orleans Road, then running with said right of way of Orleans Road in a northerly direction to intersect the Green Ridge State Forest boundary and the one hundred fourteenth line of the above mentioned conveyance from Mary George et al. to the State of Maryland, then running with the said right of way, the State Forest boundary and the remainder of the aforesaid one hundred fourteenth line to a point, then running the entire one hundred fifteenth line through the one hundred nineteenth line of the aforementioned conveyance from Mary George et al. to the State of Maryland to the point of beginning. </text> <text>Parcel 4:</text> <text>Beginning for the same at a point said point being the beginning of the thirty seventh line of the abovementioned parcel of land described in a deed dated August 7, 1931 and recorded August 15, 1941 among the land records of Allegany County in Liber 166, Folio 194 which was conveyed by Mary George et al. to the State of Maryland, then running with the aforesaid thirty seventh line through the forty second line, then running with the forty third line 627.33 feet to a point on the westernmost right of way of Stottlemyer Road, then running with the said westernmost right of way of Stottlemyer Road in a southwesterly direction 1063.66 feet to a point, said point being in the westernmost right of way of the intersection of Stottlemyer Road and Hoop Pole Road, then running with the easternmost right of way of Hoop Pole Road 4483.00 feet more or less to the point of beginning. </text> </level> </level> <level label="w"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Allegany County containing approximately 5,125 acres and described as follows is a Type 1 State wildland and shall be named the “Maple Run Wildland”:</text> <text>Beginning at a point, which by deed dated May 3, 1938 and recorded in the land records of Allegany County in Liber 180, Folio 713, was conveyed by Mrs. Margaret Bailey to the State of Maryland, said point being the northwest corner of Green Ridge Valley Orchard Lot 683, Section F, where the east side of Black Twigg Road intersects the southwest side of Mertens Avenue, then running along the southwest side of Mertens Avenue, 15,000 feet more or less, to the intersection of Green Ridge Road, then running along the west side of Green Ridge Road a distance of 17,900 feet more or less, to a point, said point being the intersection of the westernmost right of way of Green Ridge Road and the existing boundary of Green Ridge State Forest, then running with the said State Forest boundary in a northwesterly direction to the westernmost corner of Lot 947 Section F, then running along the westernmost lines of said lot and Lot 948 Section F to the northeast corner of Lot 971, Section F, then running in a northeast direction to the northeasternmost corner of Lot 860 Section F, then running in a northeast direction crossing Jacobs Road to a point of intersection with the northeasternmost right of way of Jacobs Road, then running with said right of way in a northwesterly direction to a point of intersection with an unnamed forest road, then running with the easternmost right of way of Jacobs Road in a northerly direction to its intersection with Black Twigg Road, then running along the easternmost right of way to the point of beginning.</text> <text>Saving and excepting the existing right of way for Jacobs Road.</text> <text>Saving and excepting the existing Potomac Edison transmission line that begins at a point on the easterly line of Orchard Tract 331, Section F, said point being on the west side of the Green Ridge Road right of way and having the coordinate value 709448 north, 890869 east (Maryland State plane grid system NAD83), and then running north 86 degrees 10 minutes 56 seconds west a distance of 11,999 feet, more or less, to a point on the southwesterly line of Orchard Tract 634, Section F, said point having the coordinate value 710247 north, 878897 east (Maryland State plane grid system NAD83).</text> <text>Saving and excepting the following privately owned Orchard Tracts located within the exterior boundary of the above description:</text> <text>Orchard Tract 330–F, 1/2 Lot totaling 1.8 acres, being all the same land in a deed dated July 26, 2013 and recorded among the land records of Allegany County in Liber 2002, Folio 213 which was conveyed to Mable W. Fritter.</text> <text>Orchard Tract 334–F, 1/2 Lot totaling 5 acres, being all the same land in a deed dated November 29, 1990 and recorded among the land records of Allegany County in Liber 591, Folio 927 which was conveyed to Michael E. & Belinda J. Weaver.</text> <text>Orchard Tract 334–F, 1/2 Lot totaling 5 acres, being all the same land in a deed dated September 17, 1994 and recorded among the land records of Allegany County in Liber 634, Folio 456 which was conveyed to Mark W. and Barbara I. Morgan.</text> <text>Orchard Tract 377–F and 378–F, being all the same land in a deed dated January 28, 1983 and recorded among the land records of Allegany County in Liber 532, Folio 699 which was conveyed to Richard C. Ramsey.</text> <text>Orchard Tract 675–F, being all the same land in a deed dated January 29, 2013 and recorded among the land records of Allegany County in Liber 1949, Folio 238 which was conveyed to Jeffrey H. Hayes, William A. Suite, John P. Hayes.</text> <text>Any land held within this Parcel by the State under a certificate of reservation is included in the wildland for so long as the certificate of reservation is in effect.</text> </level> <level label="x"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Allegany County containing approximately 1,416 acres and described as follows is a Type 2 State wildland and shall be named the “Deep Run Wildland”:</text> <text>Beginning at a point, said point being the southeast corner of a tract of land designated as Orchard Tract 298 Section F, which by deed dated February 28, 1939, and recorded in Liber 184, Folio 224 of the land records of Allegany County, was conveyed by James E. Barlow to the State of Maryland, and then running in a northwest direction along the south side of Lot 298 to a point in the southwest corner of Lot 298 Section F, then running along the northwest line of said lot and a portion of Orchard Tract 299 Section F to the southeast corner of Lot 261 Section F, then running in a northwest direction along the southwest line of Lot 261 Section F to a point on the east side of Green Ridge Road, then running along the east side of Green Ridge Road in a northeasterly direction 15,400 feet more or less, to a point at the intersection of Green Ridge Road and an unnamed forest road, then running along said unnamed forest road and through Lots 183, 182, 111, and 110, Section D, 1,500 feet more or less, to a point on the southwest side of Fifteen Mile Creek Road, then running along the south side of Fifteen Mile Creek Road 3,200 feet more or less, to the intersection with Deep Run, then running along Deep Run in a southwesterly direction 500 feet more or less, to a point, then running in a southeasterly direction 1,340 feet more or less, to the northwest corner of Lot 61, Section D, then running along the west side of Lots 61, 60, 59, 58, 168, 54, 115, 114, 113, and 112, Section D, then running south 20 degrees east 175 feet more or less, to the west side of East Valley Road, then running along the west side of East Valley Road, to the beginning.</text> <text>Saving and excepting the following privately owned Orchard Tracts located within the exterior boundary of the above description:</text> <text>Orchard Tract 155–D, being all the same land in a deed dated September 8, 2010 and recorded among the land records of Allegany County in Liber 1745, Folio 378 which was conveyed to Joel William Merrbaugh & John Henry Merrbaugh, Jr.</text> <text>Orchard Tract 204–D, being all the same land in a deed dated August 8, 2012 and recorded among the land records of Allegany County in Liber 1899, Folio 122 which was conveyed to Stephan C. Whitney & Lauren E. Hudacik.</text> <text>Orchard Tract 263–F, being all the same land in a deed dated December 10, 2010 and recorded among the land records of Allegany County in Liber 1747, Folio 230 which was conveyed to Richard S. Prill, Sr., Richard S. Prill, Jr., and Stephanie A. Prill.</text> <text>Any land held within this Parcel by the State under a certificate of reservation is included in the wildland for so long as the certificate of reservation is in effect.</text> </level> <level label="y"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 1,517 acres and described as follows is a Type 1 State wildland and shall be named the “Bear Pen Wildland”:</text> <text>Beginning at a point, said point being the end of the second line of a tract of land which by deed dated October 14, 1977 and recorded in Liber 382, Folio 467 of the land records of Garrett County, was conveyed by Robert and Marjorie Rogers to the State of Maryland, for the use of the Department of Natural Resources, and then running with the boundary of Savage River State Forest the following courses and distances, north 06 degrees 30 minutes 00 seconds east 2,382.00 feet, then running north 29 degrees 30 minutes 00 seconds west 1,254.00 feet, then running north 47 degrees 00 minutes 00 seconds west 2,285.50 feet, then running north 07 degrees 30 minutes 00 seconds west 577.50 feet, then running south 76 degrees 00 minutes 00 seconds east 247.50 feet, then running north 86 degrees 45 minutes 00 seconds east 132.00 feet, then running north 23 degrees 00 minutes 00 seconds west 132.00 feet, then running north 01 degrees 15 minutes 00 seconds east 260.70 feet, then running north 20 degrees 30 minutes 00 seconds east 198.00 feet, then running north 33 degrees 15 minutes 00 seconds east 148.50 feet, then running north 39 degrees 30 minutes 00 seconds east 701.25 feet, then running south 25 degrees 00 minutes 00 seconds east 1,303.50 feet, then running south 62 degrees 00 minutes 00 seconds east 627.00 feet, then running south 68 degrees 00 minutes 00 seconds east 523.38 feet, then running north 12 degrees 15 minutes 00 seconds east 1,114.08 feet, then running south 70 degrees 00 minutes 00 seconds east 482.46 feet, then running north 63 degrees 00 minutes 00 seconds east 1,006.50 feet, then running south 02 degrees 15 minutes 00 seconds west 429.00 feet, then running south 45 degrees 00 minutes 00 seconds west 1,596.54 feet, then running south 68 degrees 00 minutes 00 seconds east 483.12 feet, then running north 31 degrees 00 minutes 00 seconds east 1,323.96 feet to a planted stone, then running south 16 degrees 00 minutes 00 seconds east 832.92 feet to an iron pipe, then running south 79 degrees 30 minutes 00 seconds east 399.96 feet to a concrete monument, then running south 21 degrees 30 minutes 00 seconds west 1,221.00 feet to a concrete monument, then running south 85 degrees 30 minutes 00 seconds east 618.75 feet, then running north 72 degrees 30 minutes 00 seconds east 429.00 feet, then running north 39 degrees 00 minutes 00 seconds east 82.50 feet, then running south 55 degrees 15 minutes 00 seconds east 330.00 feet, then running north 61 degrees 15 minutes 00 seconds east 858.00 feet, then running north 66 degrees 30 minutes 00 seconds east 1,254.00 feet, then running south 08 degrees 30 minutes 00 seconds west 1,683.00 feet, then running south 35 degrees 00 minutes 00 seconds east 1,600.50 feet, then running north 35 degrees 15 minutes 00 seconds east 1,072.50 feet, then running north 11 degrees 30 minutes 00 seconds west 208.55 feet, then running north 19 degrees 00 minutes 00 seconds east 127.38 feet, then running north 35 degrees 15 minutes 00 seconds east 1,573.44 feet, then running north 05 degrees 00 minutes 00 seconds east 72.60 feet, then running north 52 degrees 30 minutes 00 seconds east 759.00 feet, then running north 18 degrees 30 minutes 00 seconds east 500.00 feet more or less, to a point on the south of an old road on Point Ridge, then running along the south side of said road in a southeasterly direction 5,000.00 feet more or less, to a point, then running south 40 degrees 00 minutes 00 seconds east 1,000.00 feet more or less, to a point on the west side of Savage River Road, then running along the west side of said road in a southwesterly direction 5,500.00 feet more or less, to a point on the boundary line of Savage River State Forest, then running north 35 degrees 15 minutes 00 seconds east 200.00 feet to a concrete monument, then running north 60 degrees 00 minutes 00 seconds west 254.76 feet, then running north 10 degrees 00 minutes 00 seconds east 605.22 feet, then running north 60 degrees 00 minutes 00 seconds west 925.98 feet to a planted stone marked “A”, then running south 76 degrees 00 minutes 00 seconds west 580.80 feet, then running south 05 degrees 30 minutes 00 seconds west 188.76 feet to an iron pipe at the end of the 62nd line of “Father, Son, and Brother”, then running south 60 degrees 00 minutes 00 seconds west 2,900.00 feet more or less, passing over a stone marked “A” at 1,594.56 feet, then running south 41 degrees 00 minutes 00 seconds west 1,200.00 feet more or less, to a point, then running south 47 degrees 30 minutes 00 seconds east 2,450.00 feet more or less, to a point on the west side of Savage River Road, then running with the west side of Savage River Road in a southwesterly direction 300.00 feet more or less, to a point, then running north 84 degrees 00 minutes 00 seconds west 8,700.00 feet more or less, to a point at the end of the 9th line of the aforementioned conveyance by Rogers (Liber 382, Folio 467), then running north 10 degrees 26 minutes 00 seconds west 357.49 feet, then running north 34 degrees 48 minutes 00 seconds east 235.00 feet, then running north 15 degrees 16 minutes 00 seconds east 409.80 feet, then running north 24 degrees 54 minutes 00 seconds west 99.60 feet, then running north 04 degrees 33 minutes 00 seconds west 108.78 feet, then running north 42 degrees 14 minutes 00 seconds west 93.55 feet, then running south 80 degrees 13 minutes 00 seconds east 383.00 feet, to the beginning.</text> </level> <level label="z"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 2,932 acres and described as follows is a Type 1 State wildland and shall be named the “Middle Fork Wildland”:</text> <text>Beginning at a point, said point indicated as corner number 826 on a plat of survey by the United States Department of Agriculture, Soil Conservation Service (plat dated June 6, 1940) said point also being a corner on a tract of land designated as tract number 432 in a deed dated December 20, 1955 and recorded in Liber 187, Folio 553 in the land records of Garrett County and was conveyed by the United States of America to the State of Maryland, for the use of the Department of Forests and Parks and then running north 61 degrees 08 minutes west 256.93 feet to corner 825, then running north 49 degrees 18 minutes west 199.98 feet to corner 824, then running north 44 degrees 48 minutes west 132.73 feet to corner 823, then running north 20 degrees 28 minutes east 332.50 feet to corner 822, then running north 05 degrees 09 minutes east 726.26 feet to corner 821, then running north 17 degrees 01 minutes west 501.10 feet to corner 820, then running north 29 degrees 06 minutes west 458.21 feet to corner 819, then running north 02 degrees 15 minutes west 397.10 feet to corner 818, then running north 14 degrees 30 minutes east 421.50 feet to corner 817, then running north 36 degrees 00 minutes east 891.16 feet to corner 816, then running north 59 degrees 01 minutes west 616.34 feet to corner 815, then running north 69 degrees 04 minutes west 449.18 feet to corner 814, then running north 57 degrees 51 minutes west 660.86 feet to corner 813, then running north 45 degrees 20 minutes west 1,434.11 feet to corner 812, then running north 47 degrees 28 minutes east 754.53 feet to corner 811, then running south 42 degrees 52 minutes east 1,259.09 feet to corner 810, then running north 47 degrees 30 minutes east 1,750.79 feet to corner 809, then running north 42 degrees 56 minutes west 425.36 feet to corner 808, then running north 47 degrees 54 minutes east 1,319.69 feet to corner 807, then running south 42 degrees 32 minutes east 422.28 feet to corner 806, then running north 47 degrees 10 minutes east 844.12 feet to corner 801, then running north 42 degrees 39 minutes west 1,268.11 feet to corner 800, then running north 82 degrees 31 minutes west 2,018.29 feet to corner 799, then running north 52 degrees 26 minutes west 397.74 feet to corner 798, then running north 35 degrees 24 minutes east 1,115.34 feet to corner 797, then running north 78 degrees 49 minutes east 711.51 feet to corner 796, then running north 49 degrees 48 minutes east 1,673.89 feet to corner 795, then running south 89 degrees 26 minutes east 1,722.80 feet to corner 794, then running north 85 degrees 09 minutes east 1,994.31 feet to corner 793, then running north 06 degrees 06 minutes west 509.87 feet to corner 792, then running north 53 degrees 19 minutes west 756.07 feet to corner 791, then running north 40 degrees 54 minutes east 898.72 feet to corner 790, then running north 07 degrees 55 minutes west 124.51 feet to corner 789, then running south 79 degrees 18 minutes east 2,674.95 feet to corner 788, then running south 08 degrees 22 minutes west 1,901.32 feet to corner 787, then running south 67 degrees 49 minutes east 946.35 feet to corner 786, then running north 47 degrees 35 minutes east 1,296.74 feet to corner 785, then running north 66 degrees 11 minutes east 490.28 feet to corner 781, then running north 66 degrees 11 minutes east 760.00 feet to corner 780, then running south 30 degrees 27 minutes east 1,298.48 feet to corner 805, then running south 30 degrees 51 minutes west 874.55 feet to corner 804, then running south 29 degrees 14 minutes west 1,697.03 feet to corner 803, then running south 64 degrees 23 minutes west 850.86 feet to corner 802, then running south 10 degrees 44 minutes east 2,046.04 feet to corner 854, then running south 70 degrees 49 minutes east 632.61 feet to corner 853, north 26 degrees 48 minutes east 2082.64 feet to corner 852, south 60 degrees 04 minutes east 227.71 feet to corner 851, south 16 degrees 32 minutes west 2735.59 feet to corner 850, north 71 degrees 34 minutes east 1995.63 feet to corner 855, north 12 degrees 42 minutes east 792.60 feet to corner 856, south 55 degrees 45 minutes east 1966.08 feet to corner 857, south 40 degrees 09 minutes east 630.45 feet to corner 858, south 18 degrees 13 minutes east 2894.92 feet to corner 859, north 56 degrees 34 minutes east 920.60 feet to corner 860, north 22 degrees 28 minutes east 647.34 feet to corner 861, then leaving the Savage River State Forest boundary and running through the State Forest the following seven courses and distances, south 37 degrees 47 minutes 46 seconds east 703.6 feet, north 70 degrees 04 minutes 03 seconds east 625.4 feet, south 76 degrees 55 minutes 50 seconds east 371.4 feet, south 70 degrees 39 minutes 54 seconds east 361.0 feet, south 39 degrees 31 minutes 40 seconds east 490.0 feet, south 10 degrees 34 minutes 00 seconds east 3255.2 feet, south 10 degrees 27 minutes 56 seconds west 741.4 feet to a point of intersection with the northernmost right of way of Savage River Road, then running with said right of way 5750.82 feet more or less to its intersection with Spring Lick Road, then running with the northernmost right of way of Spring Lick Road 101.63 feet to a point, said point being a point of intersection with the seventh line of the first parcel of the fourth tract of land described in a deed dated March 15, 1948 and recorded on November 30, 1948 among the land records of Garrett County in Liber 154, Folio 140 which was conveyed by the Potomac River Commission to the State of Maryland, for the use of the State Department of Forests and Parks, then running with the following six lines of said conveyance, north 39 degrees 41 minutes 00 seconds west 159.25 feet, north 28 degrees 00 minutes 00 seconds east 139.4 feet, north 11 degrees 15 minutes 00 seconds east 407.00 feet, north 34 degrees 00 minutes 00 seconds east 285.55 feet, north 48 degrees 54 minutes 00 seconds east 338.3 feet, north 62 degrees 07 minutes 00 seconds east 235.5 feet, to a point, said point being a point of intersection with the third line of the first parcel of the fifth tract of land described in the above aforementioned conveyance from the Potomac River Commission to the State of Maryland, for the use of the State Department of Forests and Parks, then running with the following line of said conveyance north 06 degrees 00 minutes 00 seconds west 1101.0 feet to a point, said point being the point of intersection with the first line of the first parcel of the sixth tract of land described in the above aforementioned conveyance from the Potomac River Commission to the State of Maryland, for the use of the State Department of Forests and Parks, then running with the following line of said conveyance south 86 degrees 00 minutes 00 seconds west 462.00 feet to corner 896, then running south 89 degrees 08 minutes west 203.33 feet to corner 895, south 17 degrees 14 minutes west 232.80 feet to corner 894, north 46 degrees 25 minutes west 447.67 feet to corner 893, south 51 degrees 56 minutes west 771.20 feet to corner 892, south 73 degrees 30 minutes west 1511.65 feet to corner 891, said corner being the northernmost edge of a woods road, then running with the northernmost edge of said woods road generally in a western and northerly direction to a point, said point having the coordinate value 677437.36 north, 697513.43 east (Maryland State plane grid system NAD83), then running north 08 degrees 36 minutes 51 seconds west 145.7 feet, south 86 degrees 00 minutes 00 seconds west 462.00 feet, north 09 degrees 54 minutes 54 seconds east 921.7 feet, north 57 degrees 32 minutes 40 seconds east 372.6 feet, north 83 degrees 09 minutes 25 seconds east 789.0 feet to corner 869, then running with the Savage River State Forest boundary north 61 degrees 53 minutes east 341.6 feet to a point, then leaving the State Forest boundary and running south 24 degrees 07 minutes 23 seconds east 386.4 feet, north 65 degrees 35 minutes 07 seconds east 658.9 feet, north 22 degrees 16 minutes 32 seconds west 408.1 feet to a point of intersection with the State Forest boundary, then running north 61 degrees 53 minutes 1171.7 feet to corner 868, north 09 degrees 24 minutes west 811.56 feet to corner 867, south 89 degrees 22 minutes west 725.40 feet to corner 865, north 18 degrees 02 minutes west 3979.66 feet to corner 866, north 85 degrees 30 minutes west 2519.44 feet to corner 849, then running south 18 degrees 20 minutes east 2,178.69 feet to corner 848, then running north 49 degrees 55 minutes west 338.29 feet to corner 847, then running north 86 degrees 31 minutes west 1,449.66 feet to corner 846, then running north 26 degrees 39 minutes west 1,288.06 feet to corner 845, then running south 63 degrees 41 minutes west 1,585.29 feet to corner 844, then running north 26 degrees 29 minutes west 261.20 feet to corner 843, then running north 73 degrees 17 minutes west 1,408.71 feet to corner 842, then running north 51 degrees 31 minutes west 538.14 feet to corner 841, then running north 37 degrees 15 minutes east 1,083.13 feet to corner 840, then running north 21 degrees 51 minutes west 968.70 feet to corner 839, then running north 61 degrees 42 minutes east 608.85 feet to corner 838, then running north 04 degrees 31 minutes east 513.56 feet to corner 837, then running north 60 degrees 45 minutes west 385.28 feet to corner 836, then running south 44 degrees 46 minutes west 420.89 feet to corner 835, then running south 52 degrees 18 minutes west 1,515.89 feet to corner 834, then running south 58 degrees 10 minutes east 291.67 feet to corner 833, then running south 21 degrees 16 minutes east 718.54 feet to corner 832, then running south 38 degrees 25 minutes west 895.92 feet to corner 831, then running south 33 degrees 15 minutes west 2,185.32 feet to corner 830, then running north 56 degrees 01 minutes west 2,426.87 feet to corner 830A, then running south 13 degrees 01 minutes west 2,511.20 feet to corner 829A, then running south 65 degrees 00 minutes east 1,064.10 feet to corner 829, then running south 25 degrees 26 minutes west 358.85 feet to corner 828, then running north 66 degrees 15 minutes west 482.77 feet to corner 827, then running south 25 degrees 44 minutes west 868.24 feet to corner 826, to the beginning.</text> </level> <level label="aa"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 2,789 acres and described as follows is a Type 1 State wildland and shall be named the “Savage Ravines Wildland”:</text> <text>Beginning at a point, said point indicated as corner number 692 on a plat of survey by the United States Department of Agriculture, Soil Conservation Service (plat dated June 6, 1940) said point also being a point on a tract of land designated as tract number 110 in a deed dated December 20, 1955 and recorded in Liber 187, Folio 553 in the land records of Garrett County and was conveyed by the United States of America to the State of Maryland, for the use of the Department of Forests and Parks, and then running south 58 degrees 43 minutes 00 seconds east 1,600.00 feet more or less, to a point on the westernmost right of way of the Avilton–Lonaconing Road, then running with said right of way in a southwesterly direction 2,750 feet more or less to a point on the west side of said road, then running south 11 degrees 00 minutes 00 seconds west 2,190.00 feet more or less, to a point, said point having the coordinates value 711028.80 north, 741652.84 east (Maryland State plane grid system NAD83), then running south 41 degrees 00 minutes 00 seconds west 6,080.00 feet more or less to a point on the Savage River State Forest boundary line, said point also being on the west side of Pine Swamp Road, then running north 71 degrees 06 minutes 00 seconds west 550.00 feet to corner 697 as described on aforementioned plat, then running south 46 degrees 10 minutes 00 seconds west 347.50 feet to corner 696 south 36 degrees 51 minutes 00 seconds west 1,200.00 feet more or less, to the northwest side of Pine Swamp Road, then running with the northwest side of Pine Swamp Road in a southwesterly direction 7,500.00 feet more or less, to a point on the boundary of Savage River State Forest, then running north 55 degrees 20 minutes 00 seconds west 635 feet more or less to a point on the northeast side of Westernport Road, then running in a northeasterly direction on the northeast side of Westernport Road 434.81 feet more or less to a point on the northeast side of said road and on the boundary of Savage River State Forest, then running north 36 degrees 58 minutes 00 seconds east 2806.00 feet more or less to corner 1118, then running north 48 degrees 02 minutes 00 seconds east 341.00 feet to corner 1117, then running north 45 degrees 23 minutes 00 seconds east 345.12 feet to corner 1116, then running north 16 degrees 26 minutes 00 seconds east 407.34 feet to corner 1115, then running north 55 degrees 40 minutes 00 seconds east 742.91 feet to corner 1114, then running north 38 degrees 25 minutes 00 seconds west 733.97 feet to corner 1113, then running north 65 degrees 23 minutes 00 seconds west 318.64 feet to corner 1112, then running south 60 degrees 05 minutes 00 seconds west 133.68 feet to corner 1111, then running south 11 degrees 02 minutes 00 seconds west 447.10 feet to corner 1110, then running north 69 degrees 02 minutes 00 seconds west 419.78 feet to corner 1109, then running north 19 degrees 09 minutes 00 seconds west 177.10 feet to corner 1108, then running north 37 degrees 13 minutes 00 seconds west 482.30 feet to corner 1107, then running north 77 degrees 09 minutes 00 seconds west 195.08 feet to corner 1106, then running north 41 degrees 07 minutes 00 seconds west 228.11 feet to corner 1105, then running north 07 degrees 41 minutes 00 seconds east 225.23 feet to corner 1104, then running north 40 degrees 02 minutes 00 seconds east 456.55 feet to corner 1103, then running north 81 degrees 30 minutes 00 seconds west 350.00 feet to corner 1102, then running south 71 degrees 00 minutes 00 seconds west 330.00 feet to corner 1101, then running north 70 degrees 00 minutes 00 seconds west 380.00 feet to corner 1100, then running south 59 degrees 12 minutes 00 seconds west 219.00 feet to corner 561, then running north 35 degrees 07 minutes 00 seconds west 1,078.50 feet to corner 560, then running north 79 degrees 37 minutes 00 seconds west 653.96 feet to corner 559, then running south 69 degrees 35 minutes 00 seconds west 131.86 feet to corner 558, then running south 32 degrees 57 minutes 00 seconds west 725.09 feet to corner 557, then running south 56 degrees 21 minutes 00 seconds west 264.32 feet to corner 556, then running south 38 degrees 47 minutes 00 seconds west 254.13 feet to corner 555, then running south 51 degrees 47 minutes 00 seconds east 527.15 feet to corner 554, then running south 43 degrees 42 minutes 00 seconds east 200.41 feet to corner 553, then running south 00 degrees 55 minutes 00 seconds east 819.70 feet to corner 552, then running south 71 degrees 19 minutes 00 seconds west 525.93 feet to corner 551, then running south 42 degrees 09 minutes 00 seconds east 729.32 feet to corner 550, then running south 71 degrees 26 minutes east 1278.00 feet more or less to the northernmost right of way of Westernport Road, then running with said right of way to a point on the east of said road, intersecting the boundary of Savage River State Forest, then running north 89 degrees 38 minutes 00 seconds east 715.00 feet more or less, to corner 531, then running north 00 degrees 06 minutes 00 seconds east 754.28 feet to corner 530, then running north 01 degrees 43 minutes 00 seconds west 631.49 feet to corner 529, then running north 88 degrees 27 minutes 00 seconds east 1,648.33 feet to corner 566, then running north 02 degrees 30 minutes 00 seconds west 406.65 feet to corner 565 on the north bank of Savage River, then running along the Old Pea Ridge Road in an easterly direction 3,000.00 feet more or less, to a point intersecting the boundary line of Savage River State Forest, then running along said boundary line, north 74 degrees 25 minutes 13 seconds east 1,055.15 feet, then running north 28 degrees 23 minutes 00 seconds east 774.45 feet, then running south 73 degrees 03 minutes 27 seconds east 263.85 feet, then running north 36 degrees 53 minutes 21 seconds east 593.55 feet, then running north 47 degrees 23 minutes 55 seconds east 197.55 feet, then running north 37 degrees 23 minutes 25 seconds east 494.61 feet, then running north 57 degrees 54 minutes 22 seconds east 461.61 feet, then running north 40 degrees 08 minutes 32 seconds east 1,382.92 feet, then running north 75 degrees 00 minutes 00 seconds east 800.00 feet more or less, to a point on the south bank of Savage River, then running with the south bank of Savage River to a point, said point being the beginning of the twenty–seventh or south 25 degrees 23 minutes east 247.50 foot line of the third parcel of land described in a deed dated December 12, 2006 and recorded among the land records of Garrett County in Liber 1273, Folio 128 which was conveyed by The Conservation Fund to the State of Maryland, for the use of the Department of Natural Resources, then running with said line south 31 degrees 39 minutes 56 seconds east 247.50 feet more or less, south 21 degrees 22 minutes 04 seconds west 924.60 feet more or less, south 59 degrees 09 minutes 56 seconds east 180.00 feet more or less, north 47 degrees 11 minutes 04 seconds east 150.30 feet more or less, north 74 degrees 20 minutes 04 seconds east 64.40 feet more or less, north 52 degrees 51 minutes 04 seconds east 146.04 feet more or less, north 68 degrees 25 minutes 04 seconds east 303.90 feet more or less, north 41 degrees 50 minutes 04 seconds east 350.90 feet more or less, north 41 degrees 50 minutes 04 seconds east 660.00 feet more or less, north 25 degrees 20 minutes 04 seconds east 990.00 feet more or less, north 56 degrees 09 minutes 56 seconds west 919.70 feet more or less to a point, said point being south 56 degrees 09 minutes 56 seconds east 78.90 feet from the end of the thirty seventh line third parcel of the above mentioned conveyance by The Conservation Fund to the State of Maryland, for the use of the Department of Natural Resources, then running along the south side of Avilton–Lonaconing Road the following six lines north 83 degrees 10 minutes 49 seconds east 362.61 feet, north 37 degrees 32 minutes 28 seconds east 291.12 feet, north 47 degrees 32 minutes 28 seconds east 291.12 feet, north 11 degrees 04 minutes 14 seconds east 292.68 feet, north 30 degrees 43 minutes 04 seconds east 94.22 feet, north 49 degrees 12 minutes 30 seconds east 51.79 feet to a point, said point being south 41 degrees 24 minutes 00 seconds east 19.10 feet from the beginning of the forty fifth line of the third parcel of the above mentioned conveyance by The Conservation Fund to the State of Maryland, for the use of the Department of Natural Resources then running south 47 degrees 40 minutes 56 seconds east 748.80 feet to a point, said point being 50.00 feet from the end of the forty fifth line of the third parcel of the above mentioned conveyance by The Conservation Fund to the State of Maryland, for the use of the Department of Natural Resources, said point also being on the north side of the Avilton–Lonaconing Road, and then running parallel and 50 feet from the north side of said road to a point of intersection with the first line of the line of the third parcel of the above mentioned conveyance by The Conservation Fund to the State of Maryland, for the use of the Department of Natural Resources, then running with said first line south 34 degrees 37 minutes 04 seconds east 3445.00 feet more or less to corner 692, the point of beginning.</text> <text>Saving and excepting the following lands shown on a plat of survey by Blaine Miller, dated January 12, 1980 and recorded in the plat records of Garrett County in Plat Book A.G.R. I, Folio 54:</text> <text>All the same land described in a deed dated January 12, 2003 and recorded among the land records of Garrett County in Liber 1020, Folio 820 which was conveyed by Thomas David Jewell to Charles William Turner Jr. and Angela Marie Turner containing 5.09 acres, and shown on the plat as lot 3.</text> <text>All the same land described in a deed dated October 6, 1980 and recorded among the land records of Garrett County in Liber 413, Folio 548 which was conveyed by the Summer School Acres Corporation to Edward B. Burlas and Joyce Burlas containing 15.00 acres, and shown on the plat as “residue of Liber 378, Folio 64”.</text> <text>All the same land shown as the 20 foot right of way leading from the Avilton–Lonaconing Road to the 5.09 acre land shown on the plat as lot 3, and the 15.00 acre land shown on the plat as “residue of Liber 378, Folio 64”.</text> </level> <level label="bb"> <level label="1"> <level label="i"> <text>In this subsection the following words have the meanings indicated.</text> </level> <level label="ii"> <text>“Mineral” includes any gas, oil, coal, peat, clay, stone, or fossil fuel located under a wildland area.</text> </level> <level label="iii"> <text>“Owner” includes any person that is:</text> <level label="1"> <text>A lessee or party in interest; and</text> </level> <level label="2"> <text>Any successor or assign.</text> </level> </level> </level> <level label="2"> <text>Subject to review, permit, and approval actions required by law, an owner of mineral rights located in a wildland area shall have the right to access the minerals.</text> </level> <level label="3"> <text>If the failure of the Department to issue, extend, or renew a permit involves taking a property right without just compensation in violation of the Constitution of the United States or Constitution of Maryland and if the General Assembly has not appropriated sufficient funds to pay the compensation, the State may use available funds to purchase or otherwise pay for the property rights.</text> </level> </level> <level label="cc"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Frederick and Montgomery counties containing approximately 790 acres and described as follows is a Type 2 State wildland and shall be named the “Islands of the Potomac Wildland”:</text> <text>Parcel 1</text> <text>Beginning at the northwestern most point of Watkins Island and running thence in a southeasterly direction, with the low water mark, along the northern shoreline 8100 feet more or less to the northwest corner of a tract of land now or formerly owned by Bernard Wolfson, as recorded in the land records of Montgomery County in Liber 2309, Folio 598, thence leaving the northernmost shoreline of Watkins Island and running with said Wolfson land in a southwesterly direction 200 feet more or less to a point on the southwest side of Watkins Island, thence leaving the Wolfson tract and running in a northwesterly direction, with the low water mark, along the southwestern shoreline of said island 8500 feet to the beginning.</text> <text>Parcel 2</text> <text>Beginning at a point, said point being the beginning of the first parcel of a tract of land which by deed dated May 13, 1988, and recorded in the land records of Montgomery County in Liber 8279, Folio 156, was conveyed by the Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources, and running thence in a southeasterly direction, with the low water mark, along the southwestern shoreline of Watkins Island 5100 feet more or less to the southernmost point on said island, thence running in a northwesterly direction, with the low water mark, along the northeastern shoreline of Watkins Island 6403 feet more or less to a point, thence leaving the northern shoreline of Watkins Island and running 900 feet more or less to a point on the southern shore of said island, thence running in a southeasterly direction, with the low water mark, along the southwestern shoreline 1891 feet more or less to the point of beginning.</text> <text>Saving and exempting from the above a parcel of land conveyed to the Washington Sanitary Commission by deed recorded in the land records of Montgomery County in Liber 3943, Folio 28, said parcel being located on the southern end of Watkins Island on the northern shoreline.</text> <text>Saving and exempting all gas pipelines running through the above described portion of Watkins Island.</text> <text>Parcel 3</text> <text>A tract of land known as Katie (Poteau) Island, located within the Potomac River, in Montgomery County, 400 feet more or less northwest of Watkins Island, the center of which lies at 444910 north, 713880 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 4</text> <text>A tract of land known as Norbell Island, located within the Potomac River, in Montgomery County, 800 feet more or less northeast of Watkins Island, the center of which lies at 443370 north, 719980 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 5</text> <text>A tract of land known as Grapevine Island, located within the Potomac River, in Montgomery County, 300 feet more or less southwest of Watkins Island, the center of which lies at 443990 north, 714100 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 6</text> <text>A tract of land known as Beall’s Island, located within the Potomac River, in Montgomery County, 9000 feet more or less northeast of Potomac, Maryland, the center of which lies at 433400 north, 731600 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 7</text> <text>A tract of land known as Island Number 6, located within the Potomac River, in Montgomery County, 300 feet more or less southwest of Watkins Island, the center of which lies at 446000 north, 713490 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 8</text> <text>A tract of land known as Islands Number 9, 10, and 11, located within the Potomac River, in Montgomery County, just southeast of Grapevine Island and southwest of Watkins Island.</text> <text>Parcel 9</text> <text>A tract of land known as Van Deventer Island which is located within the Potomac River, in Montgomery County, the center of which lies 4.3 miles due south of Poolesville, Maryland, and is also located directly across from the southern shoreline of the McKee–Beshers Wildlife Management Area.</text> <text>Parcel 10</text> <text>A tract of land known as Heater’s Island which is located within the Potomac River, in Frederick County, and the center of which lies 3/4 of a mile southeast of Point of Rocks, Maryland.</text> <text>Parcel 11</text> <text>A tract of land known as Clagett Island, located within the Potomac River, in Montgomery County, southwest of Watkins Island, the center of which lies at 438200 north, 721770 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 12</text> <text>A tract of land known as Submarine Island, located within the Potomac River, in Montgomery County, 500 feet more or less northeast of Watkins Island, the center of which lies at 443870 north, 717100 east in accordance with the Maryland State plane grid system (NAD27).</text> <text>Parcel 13</text> <text>A tract of land known as Paton Island, located within the Potomac River, in Frederick County, 4,700 feet more or less northwest of Point of Rocks, Maryland, the center of which lies at 588719 north, 1155824 east in accordance with the Maryland State plane grid system (NAD83).</text> <text>Parcel 14</text> <text>A tract of land known as Oxley’s Island, located within the Potomac River, in Montgomery County, 7,500 feet more or less northwest of Martinsburg, Maryland, the center of which lies at 552742 north, 1174725 east in accordance with the Maryland State plane grid system (NAD83).</text> <text>Parcel 15</text> <text>A tract of land known as Eagle’s Island, located within the Potomac River, in Montgomery County, 3,800 feet more or less south of Rushville, Maryland, the center of which lies at 507686 north, 1219742 east in accordance with the Maryland State plane grid system (NAD83).</text> <text>Parcel 16</text> <text>A tract of land known as Dot’s Island, located within the Potomac River, in Montgomery County, 3,900 feet more or less southwest of Cabin John, Maryland, the center of which lies at 473555 north, 1263737 east in accordance with the Maryland State plane grid system (NAD83).</text> <text>Parcel 17</text> <text>A tract of land known as Isle of Hope, located within the Potomac River, in Montgomery County, 3,700 feet more or less southwest of Cabin John, Maryland, the center of which lies at 473477 north, 1264030 east in accordance with the Maryland State plane grid system (NAD83).</text> <text>Parcel 18</text> <text>A tract of land known as Langley Island, located within the Potomac River, in Montgomery County, 3,800 feet more or less south of Rushville, Maryland, the center of which lies at 507686 north, 1219742 east in accordance with the Maryland State plane grid system (NAD83).</text> </level> <level label="2"> <text>Notwithstanding any other provision of this title, the Department may permit motorized boat access and use within the boundaries of the islands of the Potomac Wildland.</text> </level> </level> <level label="dd"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Caroline County containing approximately 570 acres and described as follows is a Type 2 State wildland and shall be named the “Idylwild Wildland”:</text> <text>Beginning at a point, said point being the beginning of the 20th or north 40 degrees 35 minutes 12 seconds east 1030.57 foot line of a tract of land which by deed dated March 30, 1971 and recorded in the land records of Caroline County in Liber 173, Folio 69, was conveyed by Philip E. Nuttle, personal representative of the estate of Guy L. Wright, to the State of Maryland, for the use of the Department of Natural Resources, and running thence with the center of Marshy Hope Creek in a southwesterly direction 11,040 feet more or less to a point, said point being the end of the 60th or north 37 degrees east 400 foot line of a tract of land known as the Idylwild Mill Pond Property which by deed dated May 29, 1942 and recorded in the land records of Caroline County in Liber 102, Folio 285, was conveyed by the Mayor and Council of Federalsburg to the State of Maryland, to the use of the Game and Inland Fish Commission, and running thence with the western edge of the said “Idylwild Millpond Property” and along the westernmost edge of Marshy Hope Creek in a southerly direction to the end of the 3rd line of the aforementioned deed from the Mayor and Council of Federalsburg to the State of Maryland, thence running due east 1800 feet more or less to a point on the east side of an old road, said point having Maryland State plane grid coordinates (NAD27) N319600 E1150300, thence running along the westernmost edge of said road, northeasterly 2550 feet more or less to a point, northwesterly 700 feet more or less to a point, northeasterly 4500 feet more or less to a point, thence running with the easternmost edge of said road, southeasterly 1700 feet more or less to a point, easterly 800 feet more or less to a point at the intersection of and on the westernmost edge of another road, thence running with the westernmost edge of said road northeasterly 300 feet more or less to the northernmost edge of a stream, thence running north 52 degrees west 2450 feet more or less to a point, north 40 degrees east 5700 feet more or less to a point, north 82 degrees 30 minutes west 1200 feet to a point, north 17 degrees east 2300 feet more or less, crossing Houston Branch, to a point, due east 800 feet more or less to a point, north 23 degrees east 3000 feet more or less to the end of 19th line of the aforementioned deed from Philip Nuttle to the State of Maryland and running thence with said 19th line reversed, north 87 degrees 18 minutes 52 seconds west 1223.00 feet to a point in the Marshy Hope Creek, thence with the 20th line reversed and with the centerline of said creek south 40 degrees 35 minutes 12 seconds west 1030.57 feet to the beginning.</text> <text>The wildland designation is subject to all rights and reservations set forth in a deed between the Mayor and Council of Federalsburg and the State of Maryland, recorded among the land records of Caroline County, at Liber 102, Folio 285, namely the right held by the Mayor and Council of Federalsburg to create, use and maintain a pond on the property for the purpose of municipal water supply and the rights held by the Eastern Shore Public Service Company or its successors to control use of any such pond and to construct and operate an electricity transmission distribution system on the property.</text> </level> <level label="ee"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Baltimore County containing approximately 1272 acres and described as follows is a Type 2 State wildland and shall be named the “Mingo Branch/Bush Cabin Run Wildland”:</text> <text>Beginning at a point, said point being distant south 45 degrees 53 minutes 50 seconds east 30.00 feet from the beginning of a tract of land which by deed dated August 1, 1972 and recorded in the land records of Baltimore County in Liber 5288, Folio 549, was conveyed by Stoneleigh Enterprises Inc. to the State of Maryland, for the use of the Department of Natural Resources, and running thence, south 45 degrees 53 minutes 50 seconds east 496.44 feet to a concrete monument, north 40 degrees 50 minutes 54 seconds east 90.83 feet to a concrete monument, south 54 degrees 19 minutes 07 seconds east 1170.51 feet to a concrete monument, south 27 degrees 16 minutes 07 seconds west 504.71 feet to a concrete monument, north 11 degrees 05 minutes 07 seconds west 113.90 feet to a concrete monument, south 51 degrees 02 minutes 14 seconds west 980.25 feet to a concrete monument, south 50 degrees 17 minutes 38 seconds west 131.99 feet to a concrete monument, south 53 degrees 12 minutes 38 seconds west 314.98 feet to a concrete monument, said monument being the end of the 94th line of a tract of land which by deed dated May 16, 1963 and recorded in the land records of Baltimore County in Liber 4143, Folio 220, was conveyed by Harold M. Cummins to the State of Maryland, for the use of the Department of Forest and Parks, and running thence, south 23 degrees 09 minutes 53 seconds east 475.55 feet to a concrete monument, south 23 degrees 18 minutes 30 seconds east 6.61 feet to a point on the north edge of the right of way line of the Susquehanna Transmission Company, and running thence, south 23 degrees 18 minutes 30 seconds east 150 feet more or less to a point on the south edge of the right of way of the Susquehanna Transmission Company, and running thence, south 23 degrees 18 minutes 30 seconds east 22.02 feet to a concrete monument, south 28 degrees 12 minutes 32 seconds east 150.24 feet to a concrete monument, south 16 degrees 03 minutes 04 seconds east 148.74 feet to a concrete monument, south 25 degrees 51 minutes 07 seconds east 158.57 feet to a concrete monument, north 81 degrees 28 minutes 29 seconds east 70.24 feet to a concrete monument, south 38 degrees 50 minutes 15 seconds east 86.63 feet to a concrete monument, south 38 degrees 50 minutes 15 seconds east 27.20 feet to a point in Masemore Road, running thence with said road, north 52 degrees 34 minutes 18 seconds east 77.84 feet to a point, then leaving Masemore Road and running, south 42 degrees 13 minutes 14 seconds east 330 feet to a point, north 44 degrees 42 minutes 35 seconds east 350.00 feet more or less to a point, north 44 degrees 00 minutes 00 seconds west 430.00 feet to a point on the south side of Masemore Road thence running with the south side of said road in a northeasterly direction 460.00 feet more or less to a point, thence leaving said road and running south 40 degrees 00 minutes 00 seconds east 450.00 feet more or less to a point, south 45 degrees 00 minutes 00 seconds east 50.00 feet to a point, south 31 degrees 31 minutes 47 seconds east 302.84 feet to a concrete monument, north 83 degrees 55 minutes 05 seconds east 390.26 feet to a concrete monument, north 86 degrees 03 minutes 33 seconds east 414.50 feet to a concrete monument, north 56 degrees 01 minutes 14 seconds east 432.31 feet to a concrete monument, north 64 degrees 46 minutes 51 seconds east 1082.66 feet to a concrete monument, north 66 degrees 39 minutes 04 seconds east 606.92 feet to a concrete monument, said monument being the beginning of the 16th line of a tract of land which by deed dated March 19, 1976 and recorded in the land records of Baltimore County in Liber 5621, Folio 599, was conveyed by Russell N. and Helen R. Miller to the State of Maryland, to the use of the Department of Natural Resources, and running thence, south 15 degrees 34 minutes 43 seconds west 237.08 feet to a concrete monument, south 40 degrees 35 minutes 46 seconds east 300.67 feet to a concrete monument, north 66 degrees 45 minutes 43 seconds east 284.04 feet to a concrete monument, said monument being in the 7th line of parcel number 2 of a tract of land which by deed dated May 8, 1963 and recorded in the land records of Baltimore County in Liber 4148, Folio 582, was conveyed by the State Roads Commission of Maryland to the State of Maryland, Department of Forest and Parks, and running thence as delineated in the State Roads Commission plat numbered 28532, northeasterly 350 feet more or less to a point, northeasterly 335 feet more or less to a point, northeasterly 200 feet more or less to a point, northeasterly 115 feet more or less to intersect the westernmost right of way line of the Baltimore Harrisburg Expressway, thence running with the west side of said highway right of way in a southeasterly direction 2700.00 more or less feet to a point, thence leaving said right of way and running, south 57 degrees 00 minutes 00 seconds west 400.00 more or less feet to a point, south 23 degrees 00 minutes 00 seconds east 630.00 feet more or less to a point, south 66 degrees 00 minutes 00 seconds east 200.00 feet more or less to a point, south 33 degrees 00 minutes 00 seconds east 500.00 feet more or less to a point, south 01 degrees 40 minutes 12 seconds east 1150.00 feet more or less to a concrete monument stamped “DFP MD R–397”, said monument being in the westernmost right of way line of the Baltimore Harrisburg Expressway, and running thence with said right of way and the northernmost right of way of Bunker Hill Road 1587.00 feet to a pipe, thence leaving said Bunker Hill Road right of way and running north 45 degrees 59 minutes 53 seconds east 663.00 feet to a pipe, north 66 degrees 00 minutes 00 seconds west 185.00 feet to a point, south 53 degrees 14 minutes 36 seconds west 630 feet more or less to a pipe on the north side of Bunker Hill Road, thence running with the north side of said road in a northwesterly direction 640.00 feet more or less to a point, thence running across Bunker Hill Road south 00 degrees 08 minutes 20 seconds east 225.00 feet to a pipe, south 15 degrees 00 minutes 00 seconds east 300.00 feet more or less to a point, south 64 degrees 12 minutes 55 seconds west 480.00 feet more or less to a pipe, south 25 degrees 00 minutes 00 seconds east 258.46 feet to a pipe, north 64 degrees 08 minutes 08 seconds east 978.35 feet to a point, south 22 degrees 33 minutes 01 seconds east 1315.00 feet more or less to a concrete monument, south 66 degrees 16 minutes 42 seconds west 1829.23 feet to a stone, south 11 degrees 19 minutes 34 seconds west 458.98 feet to a stone, south 62 degrees 12 minutes 48 seconds east 883.75 feet to a point in the westernmost right of way line of the Baltimore Harrisburg Expressway, thence running along said right of way and the northernmost right of way of Mount Carmel Road 3300.00 feet more or less to a concrete monument stamped “DFP MD R–364”, said monument being the end of the 15th line of a tract of land which by deed dated October 31, 1964 and recorded in the land records of Baltimore County in Liber 4378, Folio 625, was conveyed by Luella T. Gordon and Francis W. Ennis to the State of Maryland, to the use of the Department of Forest and Parks, thence leaving said right of way and running, north 56 degrees 50 minutes 58 seconds west 200.50 feet to a concrete monument, north 08 degrees 35 minutes 58 seconds west 725.03 feet to a stone, north 45 degrees 31 minutes 45 seconds east 660.00 feet to a concrete monument, north 33 degrees 52 minutes 06 seconds west 636.38 feet to a concrete monument, north 16 degrees 12 minutes 08 seconds west 2130.12 feet to a stone, said stone being the end of the 2nd line of a tract of land which by deed dated August 1, 1966 and recorded in the land records of Baltimore County in Liber 4655, Folio 310, was conveyed by Conservation Incorporated to the State of Maryland, for the use of the Department of Forest and Parks, and running thence, north 33 degrees 17 minutes 52 seconds east 18.52 feet to a point, north 40 degrees 17 minutes 52 seconds east 615.75 feet to a point, north 13 degrees 12 minutes 08 seconds west 171.04 feet to a point, north 75 degrees 45 minutes 38 seconds east 460.17 feet to a point, north 52 degrees 57 minutes 36 seconds east 132.00 feet to a point on the northeast side of the Gunpowder Falls, thence running along the northeast side of Gunpowder Falls in a northwesterly direction 2700.00 feet more or less to a point, thence crossing the Gunpowder Falls and running south 55 degrees 00 minutes 00 seconds west 950.00 feet more or less to a point, south 03 degrees 00 minutes 00 seconds east 270.00 feet more or less to a point on the south bank of Cabin Run, thence running with the south bank of said run in a easterly direction 700.00 feet more or less to a point on the westernmost side of Masemore Road, thence running with the westernmost side of Masemore Road 2250.00 feet more or less to a point, thence running, north 52 degrees 14 minutes 16 seconds 30.00 feet more or less to a concrete monument stamped “DFP MD R–415”, thence running, north 52 degrees 14 minutes 16 seconds 495.54 feet to a concrete monument, south 87 degrees 59 minutes 00 seconds west 184.13 feet to a stone, south 87 degrees 37 minutes 31 seconds west 380.84 feet to a stone, south 55 degrees 56 minutes 44 seconds west 626.91 feet to a stone, south 51 degrees 13 minutes 41 seconds west 1979.80 feet to a concrete monument, north 51 degrees 42 minutes 42 seconds west 145.00 feet to a concrete monument, said monument being the end of the 2nd line of the first parcel of a tract of land which by deed dated March 23, 1973 and recorded in the land records of Baltimore County in Liber 5345, Folio 171, was conveyed by George S. Wareheim to the State of Maryland, for the use of the Department of Natural Resources, and running thence, south 45 degrees 05 minutes 39 seconds west 551.86 feet to a concrete monument, south 47 degrees 48 minutes 32 seconds west 268.06 feet to a concrete monument, south 46 degrees 55 minutes 25 seconds west 283.18 feet to a concrete monument, south 49 degrees 31 minutes 54 seconds west 480.16 feet to a concrete monument, south 55 degrees 27 minutes 26 seconds west 464.45 feet to a concrete monument, south 62 degrees 08 minutes 42 seconds west 1050.00 feet more or less to a point crossing over a concrete monument at 611.31 feet, thence running, south 35 degrees 00 minutes 00 seconds east 650.00 feet to a point on the northern edge of Evna Road, thence running with the north edge of Evna Road in a westerly and northwesterly direction 2100.00 feet more or less to a point in the southernmost line of the right of way belonging to the Susquehanna Transmission Company of Maryland, and running thence with the southernmost line of said right of way in a northeasterly direction 4500.00 feet more or less to a point, said point being south 48 degrees 05 minutes 43 seconds east 305 feet more or less from the end of the 6th line of a tract of land which by deed dated January 18, 1971 and recorded in the land records of Baltimore County in Liber 5176, Folio 234, was conveyed by John W. Strickland et. al. to the State of Maryland, for the use of the Department of Natural Resources, and running thence reversely with said line north 48 degrees 05 minutes 43 seconds west 618 feet more or less to a steel pipe, north 48 degrees 05 minutes 43 seconds west 1350.00 feet more or less to a point on the easternmost edge of Falls Road, and running thence with the eastern and southeastern edge of Falls Road 4800 feet more or less to the point of beginning.</text> <text>Saving and exempting the following day use area described as follows:</text> <text>Beginning at a point, said point being the beginning of the 54th line of a tract of land which by deed dated March 29, 1961, and recorded in the land records of Baltimore County in Liber 3853, Folio 429, was conveyed by the Mayor and City Council of Baltimore to the State of Maryland, to the use of the Department of Forests and Parks, and running thence, said point also being northwest of the confluence of the Gunpowder Falls and Mingo Branch and running thence, with the southernmost bank in a northerly and easterly direction 3400.00 feet more or less to a point on the southernmost bank of the Gunpowder Falls, said point being the end of the 64th line of the aforementioned deed, and running thence south 19 degrees 03 minutes 39 seconds east 566.28 feet to a point, south 35 degrees 00 minutes 00 seconds west 450 feet more or less to a point on the easternmost side of Bunker Hill Road, thence running with the easternmost side of Bunker Hill Road in a southerly direction 600.00 feet more or less to a point, thence crossing Bunker Hill Road and running with the westernmost edge of an old road 900.00 feet more or less to a point, said point being situated south 70 degrees west 670.00 feet from the beginning of the aforementioned deed, thence running north 70 degrees 30 minutes west 1210 feet to the point of beginning.</text> <text>Saving and exempting all portions of Bunker Hill Road.</text> <text>Saving and exempting a parking area located northeast of Falls Road with Maryland grid coordinates N648900 E886400, with a radius of 200 feet more or less, and the existing 36 foot wide access road from Falls Road, said road being 900 feet in length.</text> <text>Saving and exempting the Baltimore Gas and Electric power line right of way located in the northwest portion of the above described wildland.</text> </level> <level label="ff"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 2,079 acres and described as follows is a Type 2 State wildland and shall be named the “South Savage Wildland”:</text> <text>Beginning at a point, said point indicated as monument number 590 on a plat of survey by the United States Department of Agriculture titled “Survey of Land Purchased, Project LU–MD–38–2, Garrett County Maryland,” said point also having coordinate values of north 688322.69, 725697.44 east (Maryland State plane grid system NAD83), and then running with the easternmost boundary of the Savage River State Forest south 24 degrees 55 minutes 00 seconds west 1,274.49 feet to a point, then running north 60 degrees 30 minutes 00 seconds west 1,237.64 feet to a point, then running south 30 degrees 31 minutes 00 seconds west 2,515.17 feet to a point, then running north 66 degrees 15 minutes 00 seconds west 828.28 feet to a point, then running south 25 degrees 18 minutes 00 seconds west 1,035.27 feet to a point, then running south 66 degrees 31 minutes 00 seconds east 690.58 feet to a point, then running south 29 degrees 04 minutes 00 seconds west 1,630.27 feet to a point, then running south 48 degrees 20 minutes 00 seconds west 1,113.26 feet to a point, then running south 89 degrees 19 minutes 00 seconds west 332.41 feet to a point, then running south 18 degrees 57 minutes 00 seconds west 1,876.31 feet to a point, then running north 71 degrees 27 minutes 00 seconds west 749.32 feet to a point, then running south 22 degrees 46 minutes 00 seconds west 803.01 feet to a point, then running south 57 degrees 35 minutes 00 seconds west 232.67 feet to a pipe at corner 598, then running south 07 degrees 01 minutes 00 seconds west 1297.76 feet to corner 599, then running south 15 degrees 41 minutes 00 seconds east 752.82 feet to corner 600, then running south 54 degrees 05 minutes 00 seconds east 567.40 feet to corner 601, then running south 36 degrees 24 minutes 00 seconds east 327.86 feet to corner 602, then running south 09 degrees 19 minutes 43 seconds east 2180.8 feet, then running south 26 degrees 33 minutes 53 seconds east 1064.2 feet, then running south 06 degrees 50 minutes 34 seconds east 428.0 feet, then running south 17 degrees 41 minutes 44 seconds west 1051.0 feet to a point in the northernmost limit of Savage River Road, then running with said road in a northwesterly direction 3793.61 feet to a point at the edge of an existing road, then leaving aforementioned stream and running at the base of Big Savage Mountain north 74 degrees 07 minutes 40 seconds west 654.05 feet to a point, then running south 85 degrees 27 minutes 31 seconds west 954.17 feet to a point, then running north 37 degrees 38 minutes 52 seconds west 333.52 feet to a point, then running south 49 degrees 06 minutes 00 seconds west 685.27 feet to a point, then running north 71 degrees 13 minutes 33 seconds west 652.80 feet to a point, then running north 85 degrees 08 minutes 44 seconds west 1,186.18 feet to a point, then running north 86 degrees 47 minutes 03 seconds west 586.33 feet to a point, then running north 44 degrees 54 minutes 31 seconds west 687.53 feet to a point, then running north 74 degrees 02 minutes 54 seconds west 228.75 feet to a point, then running north 81 degrees 55 minutes 49 seconds west 458.76 feet to a point, then running north 87 degrees 12 minutes 07 seconds west 397.99 feet to a point, then running north 80 degrees 39 minutes 57 seconds west 258.69 feet to a point, then running north 38 degrees 37 minutes 00 seconds west 199.63 feet to a point, then running north 02 degrees 59 minutes 27 seconds west 275.16 feet to a point, then running north 04 degrees 47 minutes 17 seconds west 372.59 feet to a point, then running north 13 degrees 23 minutes 55 seconds west 422.52 feet to a point, then running north 19 degrees 18 minutes 17 seconds west 805.12 feet to a point, then running north 66 degrees 50 minutes 12 seconds west 467.21 feet to the easternmost boundary of the Big Savage Mountain Wildland, then running with the easternmost boundary of said wildland north 09 degrees 42 minutes 43 seconds east 1,074.90 feet to a point, then running north 00 degrees 29 minutes 39 seconds east 487.76 feet to a point, then running north 16 degrees 36 minutes 19 seconds east 657.34 feet to a point, then running north 22 degrees 59 minutes 23 seconds east 660.24 feet to a point, then running north 27 degrees 44 minutes 26 seconds east 581.93 feet to a point, then running north 45 degrees 08 minutes 06 seconds east 468.08 feet to a point, then running north 66 degrees 30 minutes 40 seconds east 905.64 feet to a point, then running north 77 degrees 06 minutes 01 seconds east 724.19 feet to a point, then running north 82 degrees 51 minutes 58 seconds east 624.35 feet to a point, then running south 51 degrees 25 minutes 01 seconds east 312.48 feet to a point, then running south 64 degrees 40 minutes 58 seconds east 179.02 feet to a point, then running north 46 degrees 47 minutes 13 seconds east 12,723.48 feet to a point intersecting the southernmost edge of the High Rock Fire Tower Road, then running with the southernmost edge of said road south 60 degrees 02 minutes 01 seconds east 367.54 feet to a point, then running south 76 degrees 17 minutes 39 seconds east 747.93 feet to a point, then running north 87 degrees 32 minutes 41 seconds east 558.94 feet to a point, then running south 52 degrees 04 minutes 35 seconds east 379.26 feet to a point, then running north 82 degrees 00 minutes 19 seconds east 112.27 feet to a point in the westernmost right of way of Westernport Road, then running with the westernmost right of way of said road south 34 degrees 15 minutes 30 seconds east 733.80 feet to a point, then leaving said road and running south 22 degrees 18 minutes 38 seconds west 1,285.97 feet to the point of beginning.</text> </level> <level label="2"> <level label="i"> <text>The South Savage Wildland area provides a unique site for the study of environmental sciences and offers an outstanding value for education, research, and enhanced understanding of natural processes and related economic, sociological, and cultural benefits.</text> </level> <level label="ii"> <text>Notwithstanding any other provision of this subtitle, the Department may allow research study in the South Savage Wildland area that involves some activities that are generally restricted or prohibited in State wildland areas, if the Department determines that the activities will not cause adverse impacts to the wildland resources and the ecological values of the site.</text> </level> <level label="iii"> <text>The Department and the University System of Maryland, through its constituent institutions Frostburg State University and the University of Maryland Biotechnology Institute, shall develop a comprehensive plan for the site setting forth the timing, duration, and general scope of the research activities to be allowed, subject to public review and comment and subject to approval by the Secretary.</text> </level> </level> </level> <level label="gg"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Somerset County containing approximately 3,125 acres and described as follows is a Type 2 State wildland and shall be named the “Janes Island Wildland”:</text> <text>A tract of land known as Janes Island, located within the Chesapeake Bay, Somerset County, the center of which lies at 126256.00 north, 1638821.00 east (Maryland State plane grid system NAD83); otherwise being all that portion of land, situate in the Crisfield and Lawson Election Districts of Somerset County, Maryland, known as “Janes Island” and “Flat Cap Marshlands”, shown and described on a plat entitled “Map of Janes Island and Flat Cap Marshes” dated June 26, 1962 and recorded in the land records of Somerset County, Maryland in Plat Book GJB 5, Folios 83A and 83B and conveyed unto the State of Maryland, to the use of the Department of Forests and Parks by the following two deeds: (1) a quit claim deed dated July 16, 1962 from Wallace M. Quinn and Augusta Quinn, his wife recorded in the land records of Somerset County, Maryland in Liber 211, Folio 537, and (2) a quit claim deed dated July 31, 1962 from John W. Landon, Jr. and Mabel Landon, his wife recorded in the land records of Somerset County, Maryland in Liber 211, Folio 165.</text> <text>Saving and excepting that tract of land lying on the western shoreline of Tangier Sound and bounded by Flat Cap Creek and being more particularly described as follows: Beginning for the same at a point where Flat Cap Creek empties into Tangier Sound, said point lying on the southwestern side of the mouth of Flat Cap Creek, said point also having the coordinate value 131537.63 north 1638129.59 east (Maryland State plane grid system NAD83), then running by and with the western side of Flat Cap Creek in a southerly direction to a point, said point also having the coordinate value 127164.00 north 1637218.00 east (Maryland State plane grid system NAD83), then leaving the western side of Flat Cap Creek and running north 66 degrees 32 minutes west a distance of 756.00 more or less feet to a point on the western shoreline on Tangier Sound, then running by and with the western shoreline of Tangier Sound to the point of beginning, containing 50.1 acres of land more or less.</text> <text>Saving and excepting that tract of land lying on the northern shoreline of the Little Annamessex River and being bounded by the southern shoreline of Old House Cove and being more particularly described as follows: Beginning for the same at a point, said point lying on the southwest side of Old House Cove, said point also having the coordinate value 114050.14 north, 1630106.93 east (Maryland State plane grid system NAD83), then running and binding with the southern shoreline of Old House Cove in a southeasterly direction a distance of 4,560 feet more or less to a point on the northern shoreline of the Little Annamessex River, then running by and with the northern shoreline of the Little Annamessex River in a northwesterly direction a distance of 4,150 feet more or less to a point on the northern shoreline of the Little Annamessex River, then south 88 degrees 58 minutes east 241.79 feet to the point of beginning, containing 12.6 acres more or less. </text> <text>Saving and excepting that tract of land lying on northern shoreline of the Little Annamessex River and being more particularly described as follows: Beginning for the same at a point, said point lying on the southeasternmost side of an unnamed island south of Long Point on Janes Island, said point also having the coordinate value 112375.00 north, 1635762.00 east (Maryland State plane grid system NAD83), and then running along the northern shoreline of the said island in a northwest direction to its northeasternmost point, said point also having the coordinate value 113561.00 north, 1634261.00 east (Maryland State plane grid system NAD83), and then running along the southern shoreline of said island in a southeasterly direction to the point of beginning, containing 13.7 acres more or less.</text> </level> <level label="hh"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Calvert County containing approximately 1,756 acres and described as follows is a Type 2 State wildland and shall be named the “Parker’s Creek Wildland”:</text> <text>Parcel 1:</text> <text>Being all the same land in a deed dated June 26, 1995 and recorded among the land records of Calvert County in Liber 813, Folio 43 which was conveyed by J and H Properties to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 2:</text> <text>Being all the same land in a deed dated May 4, 2000 and recorded among the land records of Calvert County in Liber 1267, Folio 135 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 3:</text> <text>Being all the same land in a deed dated January 29, 2001 and recorded among the land records of Calvert County in Liber 1344, Folio 96 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 4:</text> <text>Being all the same land in a deed dated September 27, 2001 and recorded among the land records of Calvert County in Liber 1464, Folio 328 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 5:</text> <text>Being all the same land in a deed dated September 27, 2001 and recorded among the land records of Calvert County in Liber 1467, Folio 171 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 6:</text> <text>Being all the same land in a deed dated December 18, 2002 and recorded among the land records of Calvert County in Liber 1733, Folio 388 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 7:</text> <text>Being all the same land in a deed dated December 13, 2004 and recorded among the land records of Calvert County in Liber 2358, Folio 57 which was conveyed by The Nature Conservancy to the State of Maryland, to the use of the Department of Natural Resources.</text> </level> <level label="2"> <level label="i"> <text>The Parker’s Creek Wildland area contains unique ecological features and rare habitats that harbor numerous sensitive plant and animal species.</text> </level> <level label="ii"> <text>Notwithstanding any other provision of this subtitle, in order to preserve, maintain, study, research, and educate the public about the unique ecological features and rare habitats described in subparagraph (i) of this paragraph, in the Parker’s Creek Wildland area the Department may:</text> <level label="1"> <text>Retain, maintain, remove, or replace existing structures, trails, parking areas, and roads using mechanical or motorized equipment;</text> </level> <level label="2"> <text>Remove, replace, or dispose of non–native species using mechanical or motorized equipment;</text> </level> <level label="3"> <text>Erect fencing, gates, or signs in order to protect or identify unique natural or historical elements;</text> </level> <level label="4"> <text>Construct and maintain not more than two viewing platforms adjacent to hiking trails for public observation;</text> </level> <level label="5"> <text>Construct and maintain a footbridge across Parker’s Creek at the historical crossing found at the southern terminus of Old Parker’s Creek Road; and</text> </level> <level label="6"> <text>Continue to authorize agricultural management activities on the Goldstein Bay Farm for so long as an agricultural lease is in effect.</text> </level> </level> </level> </level> <level label="ii"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Charles County containing approximately 443 acres and described as follows is a Type 2 State wildland and shall be named the “Zekiah Swamp Wildland”:</text> <text>Parcel 1:</text> <text>Being all the same land in a deed dated September 3, 1976 and recorded among the land records of Charles County in Liber 461, Folio 34 which was conveyed by William C. Mitchell to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 2:</text> <text>Being all the same land in a deed dated November 4, 1983 and recorded April 11, 1984 among the land records of Charles County in Liber 976, Folio 109 which was conveyed by Fisher Farm Partnership to the State of Maryland, to the use of the Department of Natural Resources.</text> <text>Parcel 3:</text> <text>Being all the same land in a deed dated March 27, 1986 and recorded among the land records of Charles County in Liber 1117, Folio 65 which was conveyed by William E. Sill Jr. to the State of Maryland, to the use of the Department of Natural Resources.</text> </level> <level label="jj"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Charles County containing approximately 694 acres and described as follows is a Type 2 State wildland and shall be named the “Chapman Wildland”:</text> <text>Parcel 1:</text> <text>Beginning at a point on the northwesternmost right of way of Chapman’s Landing Road, said point being the end of the thirteenth or south 49 degrees 49 minutes 53 seconds west 1649.93 foot line of the first parcel of a tract of land which by deed dated February 15, 1989 and recorded in Liber 1362, Folio 169 of the land records of Charles County was conveyed by MAR–JAC Investments, Inc. to VMS Charles County Venture, said parcel of land also described as Tract C by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by The VMIF Charles County Venture to the State of Maryland, to the use of the Department of Natural Resources and running with said thirteenth line reversed north 49 degrees 49 minutes 53 seconds east 1649.93 feet to a point, then running north 43 degrees 45 minutes 32 seconds east 187.93 feet, then leaving said right of way and running north 49 degrees 52 minutes 12 seconds east 462.19 feet, north 51 degrees 56 minutes 35 seconds east 1044.13 feet, south 49 degrees 13 minutes 25 seconds east 460.66 feet to a point on the westernmost right of way of Chapman’s Landing Road and running north 53 degrees 09 minutes 55 seconds east 644.48 feet, north 73 degrees 15 minutes 29 seconds east 260.40 feet to a point, then leaving said right of way and running north 39 degrees 24 minutes 01 seconds east 304.26 feet to a point, said point having the coordinate value 344581.81 north, 1278899.91 east (Maryland State plane grid system NAD83), then running north 20 degrees 13 minutes 29 seconds east 436.76 feet, due north 269.63 feet, north 11 degrees 46 minutes 06 seconds west 264.40 feet, north 34 degrees 41 minutes 42 seconds east 170.53 feet, north 31 degrees 25 minutes 46 seconds east 455.02 feet, north 19 degrees 10 minutes 44 seconds west 262.63 feet, south 68 degrees 33 minutes 08 seconds west 973.34 feet, north 20 degrees 24 minutes 35 seconds west 759.08 feet, north 24 degrees 58 minutes 01 seconds east 567.71 feet, north 03 degrees 55 minutes 16 seconds east 430.31 feet more or less to a point on the mean high waterline of the Potomac River, then running with the mean high water line of the Potomac River in a southwesterly direction 4,560.00 feet more or less to a point, then leaving the Potomac River and running south 07 degrees 43 minutes 15 seconds east 533.05 feet to a point, said point having the coordinate value 344624.95 north, 1275578.15 east (Maryland State plane grid system NAD83), and then running south 78 degrees 41 minutes 24 seconds east 219.97 feet, south 19 degrees 47 minutes 55 seconds west 286.56 feet, south 51 degrees 20 minutes 24 seconds east 345.29 feet, south 80 degrees 50 minutes 16 seconds east 338.65 feet, north 03 degrees 49 minutes 53 seconds west 752.06 feet more or less to the mean high waterline of the Potomac River, then running with the mean high water line of the Potomac River in a southwesterly direction 2020.00 feet more or less to a point, said point being the end of the thirtieth or north 26 degrees 10 minutes 39 seconds west 436.68 foot line of the said first parcel of the tract of land conveyed by MAR–JAC Investments, Inc. to VMS Charles County Venture, and then running with the thirtieth through twelfth lines of said conveyance (reversed) to the point of beginning. </text> <text>Saving and excepting the existing roadway sometimes referred to as Rivers Edge Place and 15 feet on each side of its centerline, extending from the boundary of Parcel 1 closest to Glymont Road across Parcel 1 to intersect with the boundary on the other side at a point having the approximate coordinate value 344301.37 north, 1275059.56 east (Maryland State plane grid system NAD83).</text> <text>Parcel 2:</text> <text>Beginning at a point on the northwesternmost right of way of Chapman’s Landing Road, said point being the beginning of the sixth or north 86 degrees 38 minutes 58 seconds west 1319.67 foot line of the first parcel of a tract of land which by deed dated February 15, 1989 and recorded in Liber 1362, Folio 169 of the land records of Charles County was conveyed by MAR–JAC Investments, Inc. to VMS Charles County Venture, said parcel of land also described as Tract C by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by The VMIF Charles County Venture to the State of Maryland, to the use of the Department of Natural Resources, and running with the said right of way and the fifth line reversed north 67 degrees 46 minutes 51 seconds east 552.46 feet to a point, north 42 degrees 12 minutes 39 seconds east 340.94 feet, north 42 degrees 28 minutes 30 seconds east 1426.97 feet, north 42 degrees 44 minutes 21 seconds east 997.21 feet, north 46 degrees 43 minutes 08 seconds east 34.64 feet, north 53 degrees 05 minutes 42 seconds east 80.99 feet, north 62 degrees 02 minutes 25 seconds east 228.32 feet, north 69 degrees 57 minutes 12 seconds east 125.20 feet to a point, then leaving the said right of way of Chapman’s Landing Road and running north 39 degrees 02 minutes 48 seconds west 185.30 feet, north 37 degrees 50 minutes 16 seconds east 82.71 feet, north 45 degrees 03 minutes 29 seconds east 545.26 feet, north 42 degrees 02 minutes 59 seconds east 77.87 feet, north 37 degrees 54 minutes 28 seconds east 311.71 feet, north 41 degrees 10 minutes 35 seconds east 260.95 feet, north 44 degrees 26 minutes 57 seconds west 277.80 feet, north 45 degrees 46 minutes 19 seconds west 222.13 feet, north 44 degrees 47 minutes 43 seconds west 254.88 feet, north 46 degrees 41 minutes 29 seconds west 310.52 feet, north 40 degrees 24 minutes 27 seconds west 392.86 feet, north 49 degrees 46 minutes 33 seconds west 169.99 feet, north 55 degrees 48 minutes 05 seconds west 229.43 feet, north 46 degrees 21 minutes 39 seconds west 339.31 feet, north 45 degrees 38 minutes 37 seconds west 302.40 feet, north 48 degrees 27 minutes 42 seconds west 139.84 feet, north 44 degrees 31 minutes 32 seconds west 149.05 feet, north 46 degrees 25 minutes 31 seconds west 487.00 feet more or less to a point on the mean high waterline of the Potomac River, then running with the mean high water line of the Potomac River in a southwesterly direction 2850 feet more or less to a point, then leaving said river and running south 24 degrees 09 minutes 27 seconds east 1376.43 feet more or less to a point, said point having the coordinate value 347083.91 north, 1279730.34 east (Maryland State plane grid system NAD83), and then running south 32 degrees 13 minutes 52 seconds east 1671.03 feet, south 34 degrees 26 minutes 20 seconds west 441.74 feet, south 65 degrees 46 minutes 20 seconds east 228.29 feet, south 88 degrees 58 minutes 20 seconds west 282.28 feet, north 63 degrees 26 minutes 05 seconds east 241.16 feet, due west 194.13 feet, south 56 degrees 18 minutes 35 seconds west 155.54 feet, south 13 degrees 23 minutes 32 seconds west 232.82 feet, south 02 degrees 51 minutes 44 seconds west 215.97 feet, south 16 degrees 41 minutes 56 seconds west 225.20 feet, south 40 degrees 54 minutes 51 seconds west 229.09 feet more or less, to a point on the westernmost right of way of Chapman’s Landing Road, and then running with said right of way south 86 degrees 38 minutes 58 seconds east 1055.11 feet more or less to the point of beginning.</text> <text>Parcel 3:</text> <text>Being a parcel of land also described as Tract E2 by deed dated October 28, 1998 and recorded in Liber 2666, Folio 501 of the land records of Charles County which was conveyed by The VMIF Charles County Venture to the State of Maryland, to the use of the Department of Natural Resources.</text> </level> <level label="2"> <text>Notwithstanding any other provision of this subtitle, in the Chapman Wildland area the Department, with prior approval of the Maryland Historical Trust and after an internal Departmental review, may authorize:</text> <level label="i"> <text>Archeological inventories, studies, and research that involve surface examination or limited subsurface sampling;</text> </level> <level label="ii"> <text>Salvage and excavation of archeological sites; and</text> </level> <level label="iii"> <text>Stabilization and restoration of historic structures existing as of October 1, 2014.</text> </level> </level> </level> <level label="kk"> <level label="1"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Allegany County containing approximately 4,047 acres and described as follows is a Type 1 State wildland and shall be named the “Dan’s Mountain Wildland”:</text> <text>Beginning for the same at a point, said point being located on the boundary of Dan’s Mountain Wildlife Management Area and being 823.41 feet from the beginning of the last or south 44 degrees 04 minutes 00 seconds west 1978.42 foot line of the parcel of land described in a deed dated November 4, 1960 and recorded among the land records of Allegany County in Liber 329, Folio, 281 which was conveyed by Eva Cox et al. to the State of Maryland, to the use of the Game and Inland Fish Commission, said point also being on the southwesternmost right of way of Dan’s Rock Road and running then with said right of way in a southeasterly direction to a point of intersection with the aforementioned Dan’s Mountain Wildlife Management Area boundary, and then running with said boundary two courses on a southeasterly direction to a point, said point being located on said boundary and 282.00 feet more or less from the beginning of the sixty third line of the parcel of the aforesaid conveyance from Eva Cox to the State of Maryland, and then leaving the aforementioned boundary of Dan’s Mountain Wildlife Management Area and running south 47 degrees 21 minutes 17 seconds west 2225.80 feet more or less to a point, said point having the coordinate value 699490.18 north, 776146.39 east (Maryland State plane grid system NAD83), and then running south 41 degrees 12 minutes 48 seconds west 1417.57 feet, south 44 degrees 40 minutes 23 seconds east 1384.38 feet, south 68 degrees 03 minutes 38 seconds east 645.69 feet, south 54 degrees 08 minutes 42 seconds east 544.19 feet, south 53 degrees 30 minutes 07 seconds east 1064.55 feet, south 29 degrees 30 minutes 09 seconds west 1075.02 feet, south 05 degrees 05 minutes 06 seconds west 1837.81 feet, south 13 degrees 18 minutes 21 seconds east 738.22 feet, south 51 degrees 19 minutes 01 seconds west 778.44 feet, north 76 degrees 43 minutes 44 seconds west 695.99 feet, south 89 degrees 38 minutes 03 seconds west 848.54 feet, south 58 degrees 43 minutes 42 seconds west 836.41 feet, south 85 degrees 11 minutes 02 seconds west 426.61 feet, south 03 degrees 21 minutes 44 seconds east 170.49 feet, south 42 degrees 54 minutes 17 seconds east 2320.86 feet, south 62 degrees 39 minutes 03 seconds west 413.73 feet, south 41 degrees 27 minutes 44 seconds west 642.13 feet, south 59 degrees 30 minutes 53 seconds west 224.52 feet, north 81 degrees 15 minutes 29 seconds west 394.79 feet, north 56 degrees 33 minutes 07 seconds west 707.57 feet, north 54 degrees 06 minutes 41 seconds west 944.30 feet, south 87 degrees 18 minutes 27 seconds west 1135.83 feet, south 55 degrees 48 minutes 14 seconds west 755.69 feet, north 36 degrees 48 minutes 13 seconds west 394.32 feet, north 44 degrees 58 minutes 08 seconds west 789.32 feet, north 74 degrees 24 minutes 47 seconds west 625.03 feet, north 81 degrees 16 minutes 42 seconds west 1071.03 feet, south 89 degrees 37 minutes 45 seconds west 542.00 feet more or less to a point on the westernmost side of “The Flats Road”, said point having the approximate coordinate value 690805.50 north, 768923.00 east (Maryland State plane grid system NAD83), then running with the northwesternmost side of “The Flats Road” in a southwesterly direction to a point of intersection with “Middle Ridge Road”, said point having the approximate coordinate value 685711.50 north, 764680.00 east (Maryland State plane grid system NAD83), and then running with the westernmost side of “Middle Ridge Road” in a southerly direction to a point, said point having the approximate coordinate value 679399.50 north, 763595.15 east (Maryland State plane grid system NAD83), and then running with the westernmost side of “Middle Ridge Road” in a northerly direction to a point on the westernmost side of “The Flats Road”, said point having the approximate coordinate value 680844.00 north, 761673.50 east (Maryland State plane grid system NAD83), and then running with the westernmost side of “The Flats Road” in a southerly direction to a point, said point having the approximate coordinate value 676476.50 north, 758032.50 east (Maryland State plane grid system NAD83), then leaving “The Flats Road” and running south 33 degrees 20 minutes 48 seconds west 4548.56 feet, south 57 degrees 12 minutes 01 seconds east 578.70 feet, north 61 degrees 45 minutes 45 seconds east 662.57 feet, south 55 degrees 22 minutes 48 seconds east 1967.38 feet, south 53 degrees 01 minutes 14 seconds east 900.09 feet, south 29 degrees 44 minutes 41 seconds west 398.56 feet, south 02 degrees 19 minutes 11 seconds west 1332.67 feet to a point in the boundary of Dan’s Mountain Wildlife Management Area, said point being the beginning of north 00 degrees 15 minutes 00 seconds west 1777.00 foot line of the parcel of land described in a deed dated August 29, 1953 and recorded among the land records of Allegany County in Liber 253, Folio 231 which was conveyed by Darin Morehouse et al. to the State of Maryland, to the use of the Game and Inland Fish Commission, and running with said conveyance and the existing boundary of Dan’s Mountain Wildlife Management Area to the beginning of the south 21 degrees 30 minutes 00 seconds west 1377.00 foot line of the said Morehouse conveyance to the State of Maryland and then leaving said Wildlife Management Area boundary and running north 44 degrees 37 minutes 51 seconds east 908.17 feet to a point, said point having the coordinate value 668628.58 north, 754267.50 east (Maryland State plane grid system NAD83), and then running north 22 degrees 48 minutes 16 seconds east 1031.92 feet, north 16 degrees 21 minutes 33 seconds west 886.76 feet, north 34 degrees 40 minutes 39 seconds west 2106.92 feet, north 00 degrees 48 minutes 57 seconds east 1518.92 feet, north 35 degrees 48 minutes 13 seconds east 2439.09 feet, north 28 degrees 09 minutes 00 seconds east 2360.01 feet, north 35 degrees 58 minutes 02 seconds east 7943.42 feet, north 25 degrees 33 minutes 03 seconds east 2170.69 feet, north 40 degrees 54 minutes 19 seconds east 3153.05 feet more or less to a point, said point being located on the aforementioned Wildlife Management Area boundary and 667.40 feet more or less from the beginning of the twenty sixth line of the aforesaid conveyance from Eva Cox to the State of Maryland, and then running with the said boundary the remainder of the said twenty sixth line and the twenty fifth through the twenty second line of the aforesaid conveyance from Eva Cox to the State of Maryland to a point, said point being located on the aforementioned Wildlife Management Area boundary and 1005.00 feet more or less from the end of the twenty first line of the aforesaid conveyance from Eva Cox to the State of Maryland, and then leaving the said boundary of the Dan’s Mountain Wildlife Management Area and running north 33 degrees 13 minutes 58 seconds east 1174.68 feet more or less to a point, said point having the coordinate value 691345.14 north, 765649.54 east (Maryland State plane grid system NAD83), then running north 45 degrees 15 minutes 50 seconds east 935.17 feet, north 38 degrees 56 minutes 54 seconds east 2572.73 feet, north 35 degrees 12 minutes 19 seconds east 2381.30 feet, north 26 degrees 50 minutes 35 seconds east 1264.93 feet, more or less to a point on the Dan’s Mountain Wildlife Management Area boundary, then running with said boundary north 48 degrees 29 minutes 32 seconds east 264.00 feet, south 44 degrees 04 minutes 28 seconds east 248.15 feet, north 54 degrees 10 minutes 12 seconds east 290.30 feet, north 50 degrees 10 minutes 32 seconds east 373.35 feet, north 58 degrees 14 minutes 32 seconds east 266.25 feet, north 84 degrees 07 minutes 32 seconds east 184.25 feet, north 15 degrees 56 minutes 32 seconds east 247.60 feet, north 40 degrees 22 minutes 44 seconds west 470.70 feet, then leaving the said boundary and running north 35 degrees 38 minutes 53 seconds east 1495.22 feet more or less to the aforesaid Dan’s Mountain Wildlife Management Area boundary, and then running with said boundary, as defined in the year 2014, to the point of beginning.</text> </level> <level label="2"> <text>Notwithstanding any other provision of this subtitle, in the Dan’s Mountain Wildland area the Department may:</text> <level label="i"> <text>Establish and maintain roads and trails to provide access for wildlife–dependent recreation;</text> </level> <level label="ii"> <text>Improve and manage habitat for early–succession wildlife; and</text> </level> <level label="iii"> <text>Take all other actions necessary to manage the area in a way that fulfills the purposes of the 1966 Federal Aid in Fish and Wildlife Restoration Act grant from the Department of the Interior that partially funded acquisition of the area.</text> </level> </level> </level> <level label="ll"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 300 acres and described as follows is a Type 1 State wildland and shall be named the “Upper White Rock Wildland”:</text> <text>Parcel 1:</text> <text>Being all the same land described in a deed dated December 9, 1937 and recorded December 21, 1937 among the land records of Garrett County in Liber 117, Folio 122 which was conveyed by Paul Friend, Claudine M. Friend, his wife and Otto Schultz to the State of Maryland, for the use of the Department of Forestry, and also known as Military Lots 1454, 1455, and 1456. </text> <text>Parcel 2:</text> <text>Being all the same land described in a deed dated December 3, 1937 and recorded January 10, 1938 among the land records of Garrett County in Liber 117, Folio 182 which was conveyed by Paul Friend, Charles H. Linville and Mary K. Linville, his wife to the State of Maryland, for the use of the Department of Forestry, and also known as Military Lots 1450, 1451, and 1452. </text> </level> <level label="mm"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 1,706 acres and described as follows is a Type 1 State wildland and shall be named the “Backbone Mountain Wildland”:</text> <text>Beginning for the same at a point, said point being the beginning of the first line of the parcel of land described in a deed dated October 18, 2013 and recorded among the land records of Garrett County in Liber 1774, Folio 280 which was conveyed by Mountain Maryland Minerals LLC to the State of Maryland, to the use of the Department of Natural Resources, said point also being shown on a plat of survey entitled “ALTA/ACSM Land Title Survey, Exterior Boundary for the Lands of the State of Maryland, Department of Natural Resources situated along Maryland Route 135, Election District No. 4, Garrett County, Maryland”, prepared by Catoctin Mountain Surveys, Inc., dated May 10, 2013 and recorded among the land records of Garrett County in Plat Book TVM, page 497 and running then with the boundary of the Potomac State Forest and the first through eighth lines of said deed to a point intersecting the first line of a tract of land described in a deed dated January 7, 1935 and recorded among the land records of Garrett County in Liber 110, Folio 177 which was conveyed by Charles Strecker et al. to the State of Maryland, then running with the said State Forest boundary for remainder of the said first line to a point, then running with the second through fifth lines of said deed to a point, then running with a portion of the sixth line to a point, then leaving the said State Forest boundary and running along the northernmost edge of an existing woods road in a westerly direction 5048.45 feet to a point, said point having a coordinate value 667048.26 north, 696303.36 east (Maryland State plane grid system NAD83), then running north 23 degrees 16 minutes 01 seconds west 228.1 feet to a planted stone in the said State Forest boundary, then running with said State Forest boundary the following two courses, north 34 degrees 52 minutes 47 seconds west 561.00 feet more or less to a point, then north 24 degrees 52 minutes 47 seconds west 586.3 feet more or less to a point in the southernmost right of way of the CSX Railroad, then running with the southernmost right of way of said railroad in a northeasterly direction to a point, said point being the beginning of the eighth line of a tract of land described in a deed dated December 12, 2011 and recorded among the land records of Garrett County in Liber 1629, Folio 380 which was conveyed by Willard F. White et al. to the State of Maryland and following the next three courses and distances, south 44 degrees 00 minutes 00 seconds east 198.0 feet, north 46 degrees 00 minutes 00 seconds east 214.5 feet, then north 44 degrees 00 minutes 00 seconds west 198.0 feet to a point, said point being in the southernmost right of way of the CSX Railroad, then running with the southernmost right of way of said railroad in a easterly direction to a point, said point being the beginning of the fourth line in a tract of land described in a deed dated January 5, 1985 and recorded among the land records of Garrett County in Liber 454, Folio 609 which was conveyed by Richard B. Newman et al. to The Nature Conservancy, a nonprofit Corporation, and following the next three courses and distances, south 26 degrees 00 minutes 00 seconds west 1584.00 feet, south 63 degrees 00 minutes 00 seconds east 990.0 feet, north 46 degrees 00 minutes 00 seconds east 1650.0 feet to a point, said point being in the southernmost right of way of the aforesaid CSX Railroad, then running with the southernmost right of way of said railroad in an easterly direction to a point, said point having a coordinate value 674787.84 north, 713729.74 east (Maryland State plane grid system NAD83), then leaving the said railroad right of way and running south 00 degrees 57 minutes 53 seconds west 656.9 feet to a point, said point being the beginning of the south 88 degrees 00 minutes 00 seconds west 2640.00 foot line of the first parcel of the first tract of land described in a deed dated March 15, 1948 and recorded on November 30, 1948 among the land records of Garrett County in Liber 154, Folio 140 which was conveyed by the Potomac River Commission to the State of Maryland, for the use of the State Department of Forest and Parks, then running with the following lines of said conveyance south 88 degrees 31 minutes 32 seconds west 2613.80 feet more or less, south 04 degrees 14 minutes 29 seconds west 311.81 feet more or less, north 69 degrees 35 minutes 51 seconds west 209.63 feet more or less, north 68 degrees 27 minutes 39 seconds west 1642.13 feet more or less, south 20 degrees 27 minutes 32 seconds west 314.94 feet more or less to a point, said point being the beginning of the first line of the parcel of land described in a deed dated October 18, 2013 and recorded among the land records of Garrett County in Liber 1774, Folio 280 which was conveyed by Mountain Maryland Minerals LLC to the State of Maryland, to the use of the Department of Natural Resources, then running south 20 degrees 27 minutes 32 seconds west 929.06 feet, south 15 degrees 09 minutes 35 seconds west 251.99 feet, south 79 degrees 15 minutes 41 seconds west 448.15 feet, south 16 degrees 34 minutes 12 seconds east 35.00 feet, south 68 degrees 38 minutes 19 seconds west 365.36 feet, north 70 degrees 43 minutes 44 seconds west 620.98 feet, north 44 degrees 03 minutes 05 seconds west 124.01 feet, south 72 degrees 11 minutes 42 seconds west 1291.88 feet, south 15 degrees 17 minutes 29 seconds east 707.67 feet, north 73 degrees 09 minutes 10 seconds east 50.06 feet, south 13 degrees 20 minutes 23 seconds west 28.42 feet, and then north 70 degrees 36 minutes 39 seconds west 138.52 feet to the point of beginning.</text> <text>Saving and excepting a tract of land described in a deed dated January 5, 1985 and recorded among the land records of Garrett County in Liber 454, Folio 609 which was conveyed by Richard B. Newman et al. to The Nature Conservancy, a nonprofit Corporation containing 48.15 acres more or less.</text> <text>Saving and excepting a tract of land described in a deed dated June 6, 2008 and recorded among the land records of Garrett County in Liber 1374, Folio 35 which was conveyed by Diane M. Kenner to Erwin P. Kenner and Diane M. Kenner containing 1.85 acres more or less.</text> <text>Parcel 2:</text> <text>Beginning for the same at a point on the southernmost edge of a woods road, said point having the coordinate value 667037.54 north, 699584.53 east (Maryland State plane grid system NAD83), then running south 45 degrees 50 minutes 05 seconds west 4814.4 feet, then south 52 degrees 35 minutes 30 seconds west 4128.1 feet more or less to a point in the northernmost right of way of State Route 135, then running north 73 degrees 25 minutes 13 seconds west 552.5 feet more or less to a point on the southernmost edge of the aforesaid woods road, said point having the coordinate value 661333.10 north, 692322.39 east (Maryland State plane grid system NAD83), then running with the easternmost edge of the aforesaid woods road in a generally northerly direction to the point of beginning.</text> </level> <level label="nn"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 600 acres and described as follows is a Type 1 State wildland and shall be named the “Maple Lick Run Wildland”:</text> <text>Being all the same land described as the third tract of land in a deed dated October 7, 1938 and recorded October 25, 1938 among the land records of Garrett County in Liber 118, Folio 160 which was conveyed by Arthur H. Strecker Trustee, Arthur H. Strecker, Bertha C. Strecker, his wife, Charles F. Strecker, and The Citizens National Bank of Marietta Ohio, Trustee under the Last Will and Testament of Benjamin T. Strecker to the State of Maryland, for the use of the Department of Forestry. </text> </level> <level label="oo"> <text>Pursuant to the provisions of subsection (a) of this section, that property in Garrett County containing approximately 457 acres and described as follows is a Type 1 State wildland and shall be named the “Puzzley Run Wildland”:</text> <text>Beginning at a point, said point indicated as monument number 75 on a plat of survey by the United States Department of Agriculture titled “Survey of Land Purchased, Project LU–MD–38–2, Garrett County Maryland”, said point also having coordinate values of north 756159.75, east 686447.24 (Maryland State plane grid system NAD83), then running on the westernmost right of way of Hetrick Road in a southerly direction to a rebar and cap at corner 76, then leaving said right of way and running with the boundary of Savage River State Forest south 78 degrees 30 minutes 46 seconds west 228.83 feet to a pipe at corner 77, then south 02 degrees 13 minutes 50 seconds east 1305.63 feet to a pipe at corner 78, then north 77 degrees 17 minutes 46 seconds west 178.57 feet to a pipe at corner 79, then south 23 degrees 44 minutes 09 seconds west 489.1 feet to a pipe at corner 80, then south 58 degrees 36 minutes 46 seconds east 629.61 feet to a pipe at corner 81, then south 08 degrees 06 minutes 42 seconds west 389.15 feet to a pipe at corner 82, then south 06 degrees 32 minutes 25 seconds east 1256.9 feet to a point, then leaving said State Forest Boundary and running south 85 degrees 43 minutes 50 seconds west 744.6 feet to a point, then south 04 degrees 06 minutes 14 seconds west 666.8 feet to a pipe at corner 84, then running with the boundary of Savage River State Forest south 83 degrees 30 minutes 53 seconds west 1327.86 feet to a pipe at corner 85, then north 02 degrees 28 minutes 42 seconds west 427.07 feet to a pipe at corner 86, then north 82 degrees 06 minutes 26 seconds west 626.63 feet to a pipe at corner 87, then north 16 degrees 14 minutes 06 seconds west 1969.51 feet to a pipe at corner 88, then leaving said State Forest Boundary and running north 23 degrees 23 minutes 35 seconds west 285.4 feet to a point on the easternmost edge of a woods road, then running with the easternmost edge of said woods road in a northerly direction to a point on the northernmost boundary of Savage River State Forest and the Maryland–Pennsylvania state line, said point having coordinate values north 756220.05, east 682835.04 (Maryland State plane grid system NAD83), then running with said boundary line in an easterly direction to the point of beginning. </text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1204" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Notwithstanding inclusion of an area in the State wildlands preservation system, the area shall continue to be managed by the unit which had jurisdiction immediately before its inclusion in the State wildlands preservation system unless otherwise provided by an act of the General Assembly. Money may not be appropriated for the payment of expenses or salaries for the administration of the State wildlands preservation system as a separate unit, nor shall appropriations be available for additional personnel required solely for the purpose of managing or administering areas solely because they are included within the State wildlands preservation system.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1205" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>The Secretary may review, as to its suitability for preservation as State wildlands, any area under his jurisdiction which he deems worthy of consideration for protection as State wildland. He shall report his findings to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to the designation as State “wildland” or reclassification of each area on which a review has been completed and submit maps and a definition of boundaries. Each recommendation of the Governor for designation as “wildland” becomes effective only if provided by an act of the General Assembly. Nothing contained in this title limits the Governor in proposing, as part of his recommendations to the General Assembly, the alteration of boundaries of proposed State wildland areas or recommending the addition of any contiguous area of State lands predominately of wildland value.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1206" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Within ten years after July 1, 1971, the Secretary shall review every roadless area of 500 contiguous acres or more in the State–owned lands under his jurisdiction on July 1, 1971. Every area of State–owned roadless islands, State wildlife refuges, and public hunting areas under his jurisdiction on July 1, 1971, shall be reported to the Governor together with the Secretary’s recommendation as to the suitability or nonsuitability of each area or island for preservation as a wildland. The Governor shall advise the President of the Senate and Speaker of the House of Delegates of his recommendation with respect to the designation as wildland of each area or island on which review has been completed, and submit a map, and a definition of its boundaries. The advice shall be given with respect to not less than one third of the areas and islands to be reviewed under this subsection by July 1, 1974, not less than two thirds by July 1, 1978, and the remainder by July 1, 1981. A recommendation of the Governor for designation as wildland becomes effective only if provided by an act of the General Assembly. Nothing contained in this title may be construed, by implication or otherwise, to lessen the present statutory authority of the Secretary with respect to maintenance of roadless areas under his jurisdiction.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1208" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Prior to submitting any recommendations to the Governor with respect to the suitability of any area for preservation as wildland the Secretary shall:</text> <level label="1"> <text>Give the public notice he deems appropriate of the proposed action, including publication in a newspaper having general circulation in the vicinity of the affected land;</text> </level> <level label="2"> <text>Announce and then hold a public hearing at a location convenient to the area affected. A hearing shall be announced by any means the Secretary deems appropriate, including notice in a newspaper of general circulation in the area but, if the lands involved are located in more than one county, the hearing shall be held in the county in which the greatest portion of the land lies; and</text> </level> <level label="3"> <text>At least 30 days before the date of a hearing, advise the governing board of each county in which the lands are located, and State departments and units concerned and invite these officials and State units to submit their views on the proposed action at the hearing or not later than 30 days following the date of the hearing. Any view submitted to the Secretary under the provisions of this section with respect to any area shall be included with any recommendations to the Governor and General Assembly with respect to that area.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1209" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Any modification or adjustment of the boundaries of any State wildlands area shall be recommended by the Secretary after public notice of the proposal and public hearing as provided in § 5–1208 of this subtitle. The proposed modification or adjustment shall then be recommended with map and any description to the Governor. The Governor shall advise the General Assembly of his recommendations with respect to any modification or adjustment. Any recommendation shall become effective only by act of the General Assembly.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1210" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>The purposes of Part II of this subtitle are supplemental to the purposes for which State forests and units of the State park and wildlife refuge systems are established and administered. Nothing in Part II of this subtitle may interfere with either the purpose for which State forests are established or modify the statutory authority under which units of the State park system are created and continued. The designation of any area of any park, monument, or other unit of the State park system as wildlands may not lower the standards evolved for the use and preservation of the park, monument, or other unit of the State park system.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1211" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Except as otherwise provided in this part, each unit administering any area designated as wildlands is responsible for preserving the wildland character of the area and administering the other purposes for which it was established in order to preserve its wildland character. Except as otherwise provided in Part II of this subtitle, wildland areas shall be devoted to public purposes for recreational, scenic, scientific, educational, conservation, and historical use.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1212" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Except as provided in Part II of this subtitle, and subject to existing private rights, a commercial enterprise or permanent road, except fire roads, may not exist within any wildlife area designated by Part II of this subtitle. Except as necessary to meet minimum requirements for the administration of the area for the purpose of Part II of this subtitle, including measures required in emergencies involving the health and safety of persons within the area, there shall be no temporary road, use of motor vehicles, motorized equipment, motorboats, landing of aircraft, or other forms of mechanical transport, and no structure or installation within any area.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1212.1" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Any area which was open to hunting, fishing, or trapping prior to wildlands designation shall continue to be available for those activities subject to the laws, regulations, and administrative policies of the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1213" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Within wildland areas designated by Part II of this subtitle, the use of motorboats, where they have already become established, may continue subject to any restrictions the Secretary deems desirable. In addition, necessary measures may be taken to control fires, insects, and diseases, subject to conditions the Secretary deems desirable. These regulations shall be adopted by July 1, 1972.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1213.1" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>In addition to any measures taken under § 5-1213 of this subtitle, in order to protect privately owned land adjoining or located in close proximity to a State wildland, each unit administering the designated wildland area shall:</text> <level label="1"> <text>Maintain fire access roads located within the wildland area in a passable condition as determined by the Department; and</text> </level> <level label="2"> <text>Take or allow immediate action, as approved by the Department, to respond to any threat resulting from insects, disease, noxious weeds, or fire.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1214" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Within State wildland areas designated under Part II of this subtitle, the Governor, within a specific area and in accordance with the regulations he deems desirable, may authorize prospecting for water resources, and recommend the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest, including road construction and maintenance essential to the development and use of specified areas, upon his determination that the use in the specific area will better serve the interests of the State and its people than will its denial. The recommendations shall be made after public notice of a proposal and a public hearing as provided for in § 5–1208 of this subtitle. The proposed development shall become effective only by act of the General Assembly.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1215" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>If privately owned land is surrounded completely by areas designated by Part II of this subtitle as State wildland, the private owner and his successor in interest has the rights necessary to assure adequate access to the privately owned land, or the privately owned land may be exchanged for State-owned land in the same county of approximately equal value under authority available to the Secretary. However, the State may not transfer to a private owner any mineral interests unless the private owner relinquishes or causes to be relinquished to the State the mineral interest in the surrounded land. If valid mining claims or other valid occupancies are wholly within a designated wildlands area, the Secretary, by regulations consistent with the preservation of the area as State wildlands, may permit ingress and egress to the surrounded areas by means which have been or are being customarily enjoyed with respect to other areas similarly situated.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1216" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Subject to the appropriation of funds by the legislature, the Secretary may acquire privately owned land within the perimeter of any area designated by Part II of this subtitle as wildlands if the owner concurs in the acquisition.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1217" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>The Department may accept any gift of land or wetlands to the State, make other agreements as to these lands, purchase land or wetlands, or purchase scenic easements in the name of the State to be held, restored, and administered as State wildland areas. The Department may also designate and set aside areas in State forests and State parks as wildland areas.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1218" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Property may not be acquired under Part II of this subtitle without the consent of the property owner.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1220" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>The Nature Conservancy may submit to the Department a proposal outlining an area in which the Nature Conservancy has secured or is considering securing title or other legal interest. The proposal shall include the location, acreage, explanation of planned use, and explanation of values which make the acreage of interest to the State.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1221" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Within three months after receipt of the proposal, the Secretary shall report to the Nature Conservancy his recommendations as to the suitability or nonsuitability of the proposal in relation to the State’s program of open space or wildland areas, with copies to the Board of Public Works, the President of the Senate, and the Speaker of the House of Delegates.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1222" title_number="5" title_name="Forests and Parks" subtitle_number="12" subtitle_name="Wildland and Open Areas"> <text>Subject to the availability of funds and in accordance with other provisions of this article regarding open space and wildland areas, the Secretary may enter into agreements with the Nature Conservancy for the State to acquire title to or an interest in property owned by the Nature Conservancy or property on which the Nature Conservancy holds an option or a contract to purchase.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1301" title_number="5" title_name="Forests and Parks" subtitle_number="13" subtitle_name="Penalties and Fines"> <level label="a"> <text>Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.</text> </level> <level label="b"> <text>Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.</text> </level> <level label="c"> <text>In addition to any administrative penalty provided in this title, violation of any rule or regulation promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1302" title_number="5" title_name="Forests and Parks" subtitle_number="13" subtitle_name="Penalties and Fines"> <level label="a"> <text>If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.</text> </level> <level label="b"> <text>If any fine is imposed by the circuit court for a county, the fine, less the costs of collection and not otherwise provided for, shall be paid to the Forest or Park Reserve Fund.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1401" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <level label="a"> <text>In this subtitle the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“Cave” means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge, including natural subsurface water and drainage systems. The word “cave” includes or is synonymous with cavern, sinkhole, grotto, and rock shelter.</text> </level> <level label="c"> <text>“Cave life” means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting, herein, those animals and species covered by any of the game laws of this State.</text> </level> <level label="d"> <text>“Commercial cave” means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.</text> </level> <level label="e"> <text>“Gate” means any structure or device located to limit or prohibit access or entry to any cave.</text> </level> <level label="f"> <text>“Owner” means a person who has the right of access (or possession) to the cave.</text> </level> <level label="g"> <text>“Person or persons” means any individual, partnership, firm, association, trust, or corporation.</text> </level> <level label="h"> <text>“Sinkhole” means a natural depression in a land surface communicating with a subterranean passage or drainage system.</text> </level> <level label="i"> <text>“Speleogen” means an erosional feature of the cave boundary and includes or is synonymous with anastomoses, scallops, rills, flutes, spongework, and pendants.</text> </level> <level label="j"> <text>“Speleothem” means a natural secondary mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmites, stalactites, helectites, anthodites, gypsum flowers, needles, angel’s hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1402" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <level label="a"> <level label="1"> <text>A person may not, without express, prior, written permission of an owner, wilfully or knowingly:</text> <level label="i"> <text>Break, break-off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken, including speleothems, speleogens, and sedimentary deposits;</text> </level> <level label="ii"> <text>Disturb or alter in any manner the natural condition of any cave; or</text> </level> <level label="iii"> <text>Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.</text> </level> </level> <level label="2"> <text>However, the entering or remaining in a cave by itself shall not constitute a violation of this section.</text> </level> </level> <level label="b"> <text>A person may not dispose of, dump, store, or otherwise introduce into any cave, sinkhole, or subterranean drainage system any litter, refuse, dead animals, sewage, trash, garbage, or any chemical or biological contaminant which is potentially dangerous to man or any form of cave life.</text> </level> <level label="c"> <text>Unless otherwise established by the Secretary and clearly posted at the cave entrance, caves having access within the boundaries of public properties shall be open for recreational purposes.</text> </level> <level label="d"> <text>Any person violating any provision of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500, and in addition thereto, may be imprisoned for not less than ten days nor more than six months.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1403" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <text>A person may not sell or offer for sale any speleothems in this State, or to export them for sale outside the State. A person who violates any of the provisions of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1404" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <level label="a"> <text>A person may not remove, disfigure, kill, harm, disturb, keep, restrain, or in any manner alter the natural condition or environment of any cave life.</text> </level> <level label="b"> <text>Notwithstanding the provisions of subsection (a) of this section, scientific collecting permits may be obtained from the Secretary.</text> </level> <level label="c"> <text>Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air, water, insects, bats, and aquatic fauna.</text> </level> <level label="d"> <text>A person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1405" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <level label="a"> <text>A person may not excavate, remove, destroy, injure, deface, or in any manner disturb any paleontological site or any part thereof, including saltpeter workings, fossils, bones, or any other paleontological features which may be found in any cave.</text> </level> <level label="b"> <text>Notwithstanding the provisions of subsection (a) of this section, a permit to excavate or remove paleontological features may be obtained from the Secretary. The permit shall be issued for a period of two years and may be renewed at expiration. It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit.</text> </level> <level label="c"> <text>A person applying for a permit shall:</text> <level label="1"> <text>Have knowledge of paleontology.</text> </level> <level label="2"> <text>Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.</text> </level> <level label="3"> <text>Provide data and results of any completed excavation, study, or collection at the first of each calendar year.</text> </level> <level label="4"> <text>Obtain the prior written permission of the Secretary if the site of the proposed excavation is on State-owned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land.</text> </level> <level label="5"> <text>Carry the permit while exercising the privileges granted.</text> </level> </level> <level label="d"> <text>A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, and may be imprisoned for not less than ten days nor more than six months. A person who violates any of the provisions of subsection (b) of this section is guilty of a misdemeanor, and, upon conviction, shall be fined not less than $100 nor more than $500, and the permit shall be revoked.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1406" title_number="5" title_name="Forests and Parks" subtitle_number="14" subtitle_name="Caves"> <level label="a"> <text>An owner of a cave or the owner’s authorized agents acting within the scope of their authority shall have the immunity from liability described under § 5-804(b) of the Courts and Judicial Proceedings Article.</text> </level> <level label="b"> <text>An owner of a commercial cave shall have the immunity from liability described under § 5-804(c) of the Courts and Judicial Proceedings Article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1501" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <text>There is a Heritage Conservation Fund in the Department.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1502" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <text>The purposes of the Heritage Conservation Fund are for the State to acquire conservation easements or a fee simple or other interests in:</text> <level label="1"> <text>Forestlands;</text> </level> <level label="2"> <text>Unique ecological areas of the State;</text> </level> <level label="3"> <text>Any area characterized by significant natural scenic beauty;</text> </level> <level label="4"> <text>Tidal or nontidal wetlands;</text> </level> <level label="5"> <text>Lands in the Chesapeake Bay Critical Area, as defined under § 8–1807 of this article;</text> </level> <level label="6"> <text>Any land designated as a unique ecological area under the Natural Heritage Program in the Department;</text> </level> <level label="7"> <text>Any wilderness area that remains relatively undisturbed by human encroachment;</text> </level> <level label="8"> <text>Lands supporting rare, threatened, or endangered plants or animals;</text> </level> <level label="9"> <text>Lands that support diverse ecological communities of plants or animals;</text> </level> <level label="10"> <text>Any land whose conversion to development would significantly affect water quality or unique natural habitat;</text> </level> <level label="11"> <text>Natural areas that have been designated by the State or submitted by a county for designation as areas of critical State concern under § 5–611 of the State Finance and Procurement Article; and</text> </level> <level label="12"> <text>Lands that can be used by the general public for hunting.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1503" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <level label="a"> <text>The Department may acquire a conservation easement or a fee simple or other interest in any land described under § 5-1502 of this subtitle.</text> </level> <level label="b"> <text>The Department shall establish criteria for acquisition of conservation easements and of fee simple and other interests in lands, including a priority system that considers:</text> <level label="1"> <text>The ecological uniqueness of the land;</text> </level> <level label="2"> <text>The presence of rare, threatened, or endangered plants or animals or diverse communities of plants or animals;</text> </level> <level label="3"> <text>The threat to the land by development;</text> </level> <level label="4"> <text>Whether the land is in the Chesapeake Bay Critical Area;</text> </level> <level label="5"> <text>Whether development of the land will adversely impact water quality or unique natural habitat;</text> </level> <level label="6"> <text>Whether a natural area has been designated by the State or submitted by a county for designation as an area of critical State concern under § 5-611 of the State Finance and Procurement Article; and</text> </level> <level label="7"> <text>Whether the land is forestland, nontidal wetlands, or tidal wetlands.</text> </level> </level> <level label="c"> <text>The Department annually shall consult with the counties of the State:</text> <level label="1"> <text>For suggested acquisition of lands; and</text> </level> <level label="2"> <text>To coordinate the acquisition projects under this subtitle.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1504" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <level label="a"> <text>The Department shall manage land or interests in land acquired under this subtitle to ensure:</text> <level label="1"> <text>The continued existence of any unique ecological features;</text> </level> <level label="2"> <text>The continued survival of any rare, threatened, or endangered plant or animal;</text> </level> <level label="3"> <text>The protection of forestlands and wetlands, although timber harvesting may be allowed under an approved forest conservation plan; and</text> </level> <level label="4"> <text>The protection of the Chesapeake Bay and its tributaries and of water quality anywhere in the State.</text> </level> </level> <level label="b"> <text>To the extent compatible with the management requirements of subsection (a) of this section, the Department may permit recreational opportunities, including access to the Chesapeake Bay and its tributaries:</text> <level label="1"> <text>Where feasible; and</text> </level> <level label="2"> <text>Where the recreation will not adversely affect the natural state of the land.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1505" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <level label="a"> <text>Appropriations for the Heritage Conservation Fund may be provided from:</text> <level label="1"> <text>Special bond authorization;</text> </level> <level label="2"> <text>General funds of the State; and</text> </level> <level label="3"> <text>Other sources.</text> </level> </level> <level label="b"> <text>Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1506" title_number="5" title_name="Forests and Parks" subtitle_number="15" subtitle_name="Heritage Conservation Fund"> <text>The Board of Public Works shall approve each acquisition of a conservation easement or a fee simple or other interest in property proposed by the Department under this subtitle.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1601" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Afforestation” means the establishment of a tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.</text> </level> <level label="c"> <text>“Agricultural activity” means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.</text> </level> <level label="d"> <text>“Agricultural and resource areas” are undeveloped areas zoned for densities of less than or equal to 1 dwelling unit per 5 acres.</text> </level> <level label="e"> <text>“Champion Tree” means the largest tree of its species within the United States, the State, county, or municipality, as appropriate.</text> </level> <level label="f"> <text>“Commercial and industrial uses” includes manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas.</text> </level> <level label="g"> <text>“Commercial logging or timber harvesting operations” means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.</text> </level> <level label="h"> <text>“Critical habitat area” means a critical habitat for endangered species and its surrounding protection area. A critical habitat area shall:</text> <level label="1"> <text>Be likely to contribute to the long–term survival of the species;</text> </level> <level label="2"> <text>Be likely to be occupied by the species for the foreseeable future; and</text> </level> <level label="3"> <text>Constitute habitat of the species which is deemed critical under § 4–2A–06 or § 10–2A–06 of this article.</text> </level> </level> <level label="i"> <text>“Critical habitat for endangered species” means a habitat occupied by an endangered species as determined or listed under § 4–2A–04 or § 10–2A–04 of this article.</text> </level> <level label="j"> <text>“Department” means the Department of Natural Resources.</text> </level> <level label="k"> <level label="1"> <text>“Forest” means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.</text> </level> <level label="2"> <text>“Forest” includes:</text> <level label="i"> <text>Areas that have at least 100 trees per acre with at least 50% of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and</text> </level> <level label="ii"> <text>Forest areas that have been cut but not cleared.</text> </level> </level> <level label="3"> <text>“Forest” does not include orchards.</text> </level> </level> <level label="l"> <text>“Forest conservation” means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority.</text> </level> <level label="m"> <text>“Forest conservation plan” means a plan approved pursuant to §§ 5–1605 and 5–1606 of this subtitle.</text> </level> <level label="n"> <text>“Forest cover” means the area of a site meeting the definition of forest.</text> </level> <level label="o"> <text>“Forest mitigation banking” means the intentional restoration, creation, or qualified conservation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities.</text> </level> <level label="p"> <text>“Forest stand delineation” means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community.</text> </level> <level label="q"> <text>“Forested slopes” means an area meeting the definition of forest and growing on an area with a slope of 25 percent or more and covering an area of at least 10,000 square feet.</text> </level> <level label="r"> <text>“High density residential areas” means areas zoned for densities greater than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.</text> </level> <level label="s"> <text>“Institutional development area” includes schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries.</text> </level> <level label="t"> <text>“Intermittent stream” means a stream in which surface water is absent during a portion of the year as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey as confirmed by field verification.</text> </level> <level label="u"> <text>“Linear project” means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles. Linear projects may traverse fee simple properties through defined boundaries or through easement rights.</text> </level> <level label="v"> <text>“Local forest conservation program” means a program developed and implemented pursuant to § 5–1603 of this subtitle.</text> </level> <level label="w"> <text>“Medium density residential areas” means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.</text> </level> <level label="x"> <text>“Mixed use development” means a single, relatively high density development project, usually commercial in nature, which includes 2 or more types of uses.</text> </level> <level label="y"> <text>“Natural regeneration” means the natural establishment of trees and other vegetation with at least 400 woody, free–to–grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.</text> </level> <level label="z"> <text>“Net tract area” means:</text> <level label="1"> <text>Except in agriculture and resource areas or linear project areas, the total area of a site, including both forested and nonforested areas, to the nearest one–tenth acre reduced by that area where forest clearing is restricted by another local ordinance or program;</text> </level> <level label="2"> <text>In agriculture and resource areas, the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities reduced by that area where forest clearing is restricted by another local ordinance or program; and</text> </level> <level label="3"> <text>For a linear project:</text> <level label="i"> <text>The area of a right–of–way width, new access roads, and storage; or</text> </level> <level label="ii"> <text>The limits of disturbance as shown on an application for sediment and erosion control approval or in a capital improvements program project description.</text> </level> </level> </level> <level label="aa"> <level label="1"> <text>“Nontidal wetland” means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.</text> </level> <level label="2"> <text>The determination of whether an area is considered a nontidal wetland shall be made in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency.</text> </level> <level label="3"> <text>“Nontidal wetland” does not include a tidal wetland regulated under Title 16 of the Environment Article.</text> </level> </level> <level label="bb"> <level label="1"> <text>“One hundred year floodplain” means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100–year frequency storm event.</text> </level> <level label="2"> <text>A 100–year flood is a flood which has a 1% chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded.</text> </level> </level> <level label="cc"> <text>“Perennial stream” means a stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geological Survey, as confirmed by field verification.</text> </level> <level label="dd"> <text>“Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.</text> </level> <level label="ee"> <text>“Planned unit development” means a development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the local jurisdiction with at least 20% of the land permanently dedicated to open space.</text> </level> <level label="ff"> <text>“Priority funding area” means an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article.</text> </level> <level label="gg"> <text>“Qualified conservation” means the conservation of all or a part of an existing forest that:</text> <level label="1"> <text>Has been approved by the appropriate State or local forest conservation program for the purpose of establishing a forest mitigation bank; and</text> </level> <level label="2"> <text>Is encumbered in perpetuity by a restrictive easement, covenant, or another similar mechanism recorded in the county land records to conserve its character as a forest.</text> </level> </level> <level label="hh"> <level label="1"> <text>“Reforestation” or “reforested” means the creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground, within 7 years.</text> </level> <level label="2"> <text>“Reforestation” includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area.</text> </level> <level label="3"> <text>“Reforestation” for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.</text> </level> </level> <level label="ii"> <text>“Retention” means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards.</text> </level> <level label="jj"> <text>“Seedlings” means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch caliper measured at 2 inches above the root collar.</text> </level> <level label="kk"> <text>“Selective clearing” means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.</text> </level> <level label="ll"> <text>“Stream buffer” means all lands lying within 50 feet, measured from the top of each normal bank of any perennial or intermittent stream.</text> </level> <level label="mm"> <text>“Stream restoration project” means an activity that:</text> <level label="1"> <text>Is designed to stabilize stream banks or enhance stream function or habitat located within an existing stream, waterway, or floodplain;</text> </level> <level label="2"> <text>Avoids and minimizes impacts to forests and provides for replanting on–site an equivalent number of trees to the number removed by the project;</text> </level> <level label="3"> <text>May be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and</text> </level> <level label="4"> <text>Is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with proposed development activity.</text> </level> </level> <level label="nn"> <text>“Subdivision” means any division of a parcel of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.</text> </level> <level label="oo"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, “tract” means property subject to an application for a grading or sediment control permit or subdivision approval.</text> </level> <level label="2"> <text>If property is included in a planned unit development, “tract” means the entire property subject to the planned unit development.</text> </level> </level> <level label="pp"> <text>“Tree” means a large, woody plant having 1 or several self–supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.</text> </level> <level label="qq"> <text>“Whip” means an unbranched woody plant greater than 24 inches in height and having a diameter of less than 1 inch caliper measured at 2 inches above the root collar.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1602" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>Except as provided in subsection (b) of this section, this subtitle shall apply to any public or private subdivision plan or application for a grading or sediment control permit by any person, including a unit of State or local government on areas 40,000 square feet or greater.</text> </level> <level label="b"> <text>The provisions of this subtitle do not apply to:</text> <level label="1"> <text>Any construction activity that is subject to § 5–103 of this title;</text> </level> <level label="2"> <text>Any cutting or clearing of forest in areas governed by the Chesapeake Bay Critical Area Protection Law (Title 8, Subtitle 18 of this article);</text> </level> <level label="3"> <text>Commercial logging and timber harvesting operations, including any harvesting conducted under the forest conservation and management program under § 8–211 of the Tax – Property Article:</text> <level label="i"> <text>That were completed before July 1, 1991; or</text> </level> <level label="ii"> <text>That were completed on or after July 1, 1991, on property that is not the subject of an application for a grading permit for development within 5 years after the logging or harvesting operation. However, after this 5–year period, the property shall be subject to this subtitle;</text> </level> </level> <level label="4"> <text>Any agricultural activity that does not result in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices;</text> </level> <level label="5"> <text>The cutting or clearing of public utility rights–of–way or land for electric generating stations licensed pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that:</text> <level label="i"> <text>Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this subtitle; and</text> </level> <level label="ii"> <text>The cutting or clearing of the forest is conducted so as to minimize the loss of forest;</text> </level> </level> <level label="6"> <text>Any routine maintenance of public utility rights–of–way;</text> </level> <level label="7"> <text>Any activity conducted on a single lot of any size or a linear project provided that:</text> <level label="i"> <text>The activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and</text> </level> <level label="ii"> <text>The activity on the lot or linear project will not result in the cutting, clearing, or grading of any forest that is subject to the requirements of a previous forest conservation plan prepared under this subtitle;</text> </level> </level> <level label="8"> <text>Any strip or deep mining of coal regulated under Title 15, Subtitle 5 or Subtitle 6 of the Environment Article and any noncoal surface mining regulated under Title 15, Subtitle 8 of the Environment Article;</text> </level> <level label="9"> <text>Any activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest;</text> </level> <level label="10"> <text>A county that has and maintains 200,000 acres or more of its land area in forest cover;</text> </level> <level label="11"> <text>The cutting or clearing of trees to comply with the requirements of:</text> <level label="i"> <text>14 C.F.R. § 77.25 relating to objects affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation; or</text> </level> <level label="ii"> <text>Subject to subsection (c) of this section, § 5–703 of the Transportation Article relating to obstructions to air navigation, provided that, if a dispute arises regarding the cutting or clearing of trees, the Maryland Aviation Administration makes the final determination whether the trees should be cut or cleared;</text> </level> </level> <level label="12"> <text>Any stream restoration project for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner; and</text> </level> <level label="13"> <text>Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure.</text> </level> </level> <level label="c"> <text>An exemption under subsection (b)(11)(ii) of this section does not apply to the cutting or clearing of trees to facilitate the expansion or extension of the boundaries of any airport or runway.</text> </level> <level label="d"> <text>For an application for subdivision or sediment and erosion control or grading for a site with more than 50% of the net tract area governed by Title 8, Subtitle 18 of this article, the Department or local authority may allow an applicant to extend critical area forest protection measures instead of meeting the requirements of this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1603" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <level label="1"> <text>A unit of local government having planning and zoning authority shall develop a local forest conservation program, consistent with the intent, requirements, and standards of this subtitle.</text> </level> <level label="2"> <text>By April 30, 1992, all units of government with planning and zoning authority shall submit a proposed forest conservation program, which meets or is more stringent than the requirements and standards of this subtitle, to the Department for its review and approval.</text> </level> <level label="3"> <text>A unit of local government which has an existing program of forest conservation, or subsequently adopts such a program prior to December 31, 1992, may continue to administer its program prior to approval by the Department of the local forest conservation program.</text> </level> <level label="4"> <text>A municipality which has planning and zoning authority may, with the concurrence of the county and the Department, assign its obligations under this subtitle to the county.</text> </level> </level> <level label="b"> <level label="1"> <text>By July 1, 1992, the Department shall either approve a proposed local forest conservation program as submitted by the local authority or provide a written notice of program elements needing revision.</text> </level> <level label="2"> <text>Local forest conservation programs requiring revisions shall be resubmitted to the Department within 2 months of the date the Department notified the local authority of the need for revisions.</text> </level> </level> <level label="c"> <level label="1"> <text>All units of local government with planning and zoning authority shall submit to the Department, by December 31, 1992, their adopted forest conservation program which meets or is more stringent than the requirements and standards of this subtitle.</text> </level> <level label="2"> <text>A local forest conservation program, which has been approved by the Department, shall include:</text> <level label="i"> <text>A policy document and all applicable new and amended local ordinances relating to implementation of the regulated activities, exemptions, the review, approval and appeal processes, incentives, legal instruments for protection, enforcement program, and penalties; and</text> </level> <level label="ii"> <text>A technical manual which outlines submittal requirements for forest stand delineations, required information for the approval of a forest conservation plan, specific forest conservation criteria and protection techniques.</text> </level> </level> <level label="3"> <level label="i"> <text>A local authority shall review and amend, as appropriate, all current local ordinances, policies and procedures that are inconsistent with the intent and requirements of this subtitle such as parking, road width, setback, curb and gutter, grading, and sidewalk requirements.</text> </level> <level label="ii"> <text>A local forest conservation program, when approved by the Department, may:</text> <level label="1"> <text>Allow clustering and other innovative land use techniques that protect and establish forests where open space is preserved, sensitive areas are protected, and development is physically concentrated; and</text> </level> <level label="2"> <text>Waive the requirements of this subtitle for previously developed areas covered by impervious surface and located in priority funding areas at the time of the application for subdivision plan, grading, or sediment control permit approval.</text> </level> </level> </level> </level> <level label="d"> <text>Failure to submit a proposed local forest conservation program under subsection (a) of this section or failure to adopt a program approved by the Department prior to December 31, 1992, under subsection (b) of this section shall result in the Department’s assumption of review and approval of all forest conservation plans within the jurisdiction of that local authority.</text> </level> <level label="e"> <level label="1"> <level label="i"> <text>The Department shall conduct a review of each local authority’s program at least once every 2 years from the date of initial departmental approval.</text> </level> <level label="ii"> <text>In its biennial review, the Department shall evaluate the level of compliance with the performance standards and required forest conservation.</text> </level> </level> <level label="2"> <level label="i"> <text>If a local authority’s program is found to be deficient by the Department, then the Department shall give notice and allow the local authority 90 days for compliance.</text> </level> <level label="ii"> <text>If, after 90 days, a local authority has failed to comply with the terms of a notice given by the Department, the Department may do one or more of the following:</text> <level label="1"> <text>Assume review and approval of all forest conservation plans within the jurisdiction of the local authority until the deficiencies are corrected;</text> </level> <level label="2"> <text>On a finding by an auditor made in consultation with the Office of the Attorney General that a local authority has misappropriated local forest conservation funds, the Department may require the local authority to submit payment to the State Conservation Fund for the amount of any misappropriated local conservation funds; and</text> </level> <level label="3"> <text>Request that the Attorney General investigate payments and expenditures of funds collected by the local authority under this subtitle.</text> </level> </level> </level> </level> <level label="f"> <text>After December 31, 1992, the Public Service Commission shall give due consideration to the need to minimize the loss of forest and the provisions for afforestation and reforestation set forth in this subtitle together with all applicable electrical safety codes, when reviewing applications for a certificate of public convenience and necessity issued pursuant to § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article.</text> </level> <level label="g"> <text>A local authority or the Department in its administration of a State forest conservation program in jurisdictions which do not have an approved local program in effect may establish reasonable and appropriate procedures for the recovery of all costs incurred in the development, implementation, administration, and enforcement of the local forest conservation program or the State forest conservation program for jurisdictions without an approved forest conservation program.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1604" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5–1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet shall submit a forest stand delineation for the entire site prepared by a licensed forester, professional landscape architect, or other qualified professionals that may be approved by the State or a local authority in the manner required by the approved program.</text> </level> <level label="b"> <level label="1"> <text>The forest stand delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation. Subject to paragraphs (2) and (3) of this subsection, and except when waived by the Department during approval or review of a local program, the forest stand delineation shall contain the following components:</text> <level label="i"> <text>A topographic map delineating intermittent and perennial streams, and steep slopes over 25%;</text> </level> <level label="ii"> <text>A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of 15% or more;</text> </level> <level label="iii"> <text>Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types; and</text> </level> <level label="iv"> <text>Any other requirements necessary to carry out the purposes of this subtitle established in regulations adopted by the Department or imposed by a local authority.</text> </level> </level> <level label="2"> <text>A concept plat or plan, preliminary plat or plan, sediment and erosion control plan, site plan, or other appropriate document, verified by a site visit if appropriate, may substitute for the forest stand delineation required by paragraph (1) of this subsection if:</text> <level label="i"> <text>There is no forest on the site; or</text> </level> <level label="ii"> <text>No forest on the site is to be cut, cleared, or graded for the proposed use, and all forest on the site is to be subject to a long-term protective agreement.</text> </level> </level> <level label="3"> <text>The Department shall provide for, and a local authority may adopt, a simplified process or processes for forest stand delineation under this section, including:</text> <level label="i"> <text>Limiting required forest sampling to areas not proposed for protection under long-term protective agreements as long as all priority areas on the site are protected; and</text> </level> <level label="ii"> <text>Minimizing overlapping mapping and sampling requirements for sites where no disturbance of priority forest retention areas is contemplated.</text> </level> </level> </level> <level label="c"> <text>Within 30 days from receipt of the forest stand delineation, the Department or local authority shall notify the applicant whether the forest stand delineation is complete and correct. If the Department or local authority fails to notify the applicant about the delineation within 30 days, the delineation shall be treated as complete and correct. The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1605" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>Upon receipt of notice that the forest stand delineation is complete and correct, the applicant shall submit to the State or local authority a proposed forest conservation plan for the site.</text> </level> <level label="b"> <text>The forest conservation plan shall be developed by a licensed forester, professional landscape architect, or other qualified professionals that may be approved by the State or a local authority.</text> </level> <level label="c"> <text>A proposed forest conservation plan shall contain:</text> <level label="1"> <text>A map of the site drawn at the same scale as the grading or subdivision plan;</text> </level> <level label="2"> <text>A table listing the net tract area in square feet, the square foot area of forest conservation required for the site, and the square foot area of forest conservation provided by the applicant on–site and off–site, if applicable;</text> </level> <level label="3"> <text>A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;</text> </level> <level label="4"> <text>An anticipated construction timetable, including the sequence for tree conservation procedures;</text> </level> <level label="5"> <text>An afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be utilized;</text> </level> <level label="6"> <text>Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;</text> </level> <level label="7"> <text>Limits of disturbance delineated;</text> </level> <level label="8"> <text>Stockpile areas delineated;</text> </level> <level label="9"> <text>A binding 2–year management agreement that details how the areas designated for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment including:</text> <level label="i"> <text>Watering; and</text> </level> <level label="ii"> <text>Reinforcement planting provisions if survival falls below required standards; and</text> </level> </level> <level label="10"> <text>Any other requirement established in regulations adopted by the Department, or imposed by a local authority.</text> </level> </level> <level label="d"> <level label="1"> <text>At least 20 days before approval of the forest conservation plan, the Department or local authority shall:</text> <level label="i"> <text>Provide notice that is consistent with local authority notice requirements to all property owners abutting and adjacent to the boundary of the subject property of any proposed clearing of a priority retention area as described in § 5–1607(c) of this subtitle; and</text> </level> <level label="ii"> <level label="1"> <text>On a net tract area of at least 5 acres and if at least 75% of the priority retention area is proposed to be cleared, provide an opportunity for written and verbal comment before plan approval; or</text> </level> <level label="2"> <text>For any other project where priority retention area is proposed for clearing, provide an opportunity for public written comment before plan approval.</text> </level> </level> </level> <level label="2"> <text>Property separated from the subject property by a public right–of–way shall be considered abutting and adjacent.</text> </level> <level label="3"> <level label="i"> <text>Within 45 days from receipt of the forest conservation plan, the Department or local authority shall notify the applicant whether the forest conservation plan is complete.</text> </level> <level label="ii"> <text>If the Department or local authority fails to notify the applicant about the forest conservation plan within 45 days, the plan shall be treated as complete and approved.</text> </level> <level label="iii"> <text>The Department or local authority may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances.</text> </level> <level label="iv"> <text>In addition, at the request of the applicant, the State or local authority may extend this deadline for extenuating circumstances.</text> </level> </level> <level label="4"> <level label="i"> <text>A person petitioning for judicial review of an approved forest conservation plan shall file the petition in accordance with the Maryland Rules not later than 30 days after approval of the forest conservation plan.</text> </level> <level label="ii"> <text>Any judicial review of a forest conservation plan shall be:</text> <level label="1"> <text>Conducted in accordance with the Maryland Rules; and</text> </level> <level label="2"> <text>Limited to the record compiled by the Department or the local authority.</text> </level> </level> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1606" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <level label="1"> <text>For the following land use categories, tracts having less than 20% of the net tract area in forest cover shall be afforested up to 20% of the net tract area:</text> <level label="i"> <text>Agriculture and resource areas; and</text> </level> <level label="ii"> <text>Medium density residential areas.</text> </level> </level> <level label="2"> <text>For the following land use categories, tracts having less than 15% of the net tract area in forest cover shall be afforested up to 15% of the net tract area:</text> <level label="i"> <text>Institutional development areas;</text> </level> <level label="ii"> <text>High density residential areas;</text> </level> <level label="iii"> <text>Mixed use and planned unit development areas; and</text> </level> <level label="iv"> <text>Commercial and industrial use areas.</text> </level> </level> <level label="3"> <text>Afforestation requirements must conform to the conditions in §§ 5–1607 and 5–1610 of this subtitle, including payment into the Forest Conservation Fund, if afforestation on–site or off–site cannot be reasonably accomplished.</text> </level> <level label="4"> <level label="i"> <text>The afforestation requirements under this subsection shall be accomplished within 1 year or 2 growing seasons after the completion of the development project.</text> </level> <level label="ii"> <text>If afforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after the completion of the development project.</text> </level> </level> <level label="5"> <text>Linear projects that involve no change in land use may not be subject to afforestation requirements.</text> </level> <level label="6"> <text>Solar photovoltaic facilities may not be subject to afforestation requirements under this subtitle.</text> </level> </level> <level label="b"> <text>There is a forest conservation threshold established for all land use categories as provided in subsection (c) of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every 1 acre removed to a ratio of 2 acres planted for every 1 acre removed.</text> </level> <level label="c"> <text>After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in subsection (b) of this section and consistent with the following forest conservation thresholds for the applicable land use category:</text> <level label="1"> <text>Agricultural and resource areas: 50% of net tract area;</text> </level> <level label="2"> <text>Medium density residential areas: 25% of net tract area;</text> </level> <level label="3"> <text>Institutional development areas: 20% of net tract area;</text> </level> <level label="4"> <text>High density residential areas: 20% of net tract area;</text> </level> <level label="5"> <text>Mixed use and planned unit development areas: 15% of net tract area; and</text> </level> <level label="6"> <text>Commercial and industrial use areas: 15% of net tract area.</text> </level> </level> <level label="d"> <level label="1"> <text>Subject to the provisions of paragraph (2) of this subsection, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every 1 acre removed.</text> </level> <level label="2"> <text>Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under paragraph (1) of this subsection.</text> </level> </level> <level label="e"> <text>For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 2 acres planted for every 1 acre removed.</text> </level> <level label="f"> <level label="1"> <text>The reforestation requirements under this section shall be accomplished within 1 year or 2 growing seasons after completion of the development project.</text> </level> <level label="2"> <text>If reforestation cannot be reasonably accomplished on–site or off–site, the requirement to contribute money to a Forest Conservation Fund under § 5–1610 of this subtitle shall be met within 90 days after completion of the development project.</text> </level> </level> <level label="g"> <text>A unit of local government with planning and zoning authority may adopt forest conservation thresholds and afforestation and reforestation requirements as part of its local forest conservation program that are more stringent than the forest conservation thresholds and afforestation and reforestation requirements in this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1606.1" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation" /> <section article="gnr" article_name="Natural Resources" number="5-1607" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>The preferred sequence for afforestation and reforestation shall be established by the State or local authority in accordance with the following after all techniques for retaining existing forest cover on–site have been exhausted:</text> <level label="1"> <text>Those techniques that enhance existing forest and involve selective clearing or supplemental planting on–site;</text> </level> <level label="2"> <text>On–site afforestation or reforestation may be utilized where the retention options have been exhausted. In those cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section;</text> </level> <level label="3"> <level label="i"> <text>Off–site afforestation or reforestation in the same watershed or in accordance with an approved master plan may be utilized where the applicant has demonstrated that no reasonable on–site alternative exists, or where:</text> <level label="1"> <text>Any on–site priority areas for afforestation or reforestation have been planted in accordance with subsection (d) of this section; and</text> </level> <level label="2"> <text>The applicant has justified to the satisfaction of the State or local jurisdiction that environmental benefits associated with off–site afforestation or reforestation would exceed those derived from on–site planting;</text> </level> </level> <level label="ii"> <text>In these cases, the method shall be selected in accordance with subsection (b) of this section, and the location shall be selected in accordance with subsection (d) of this section; and</text> </level> <level label="iii"> <text>Off–site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the State or local forest conservation program which is approved by the Department; and</text> </level> </level> <level label="4"> <text>The State or local jurisdiction may allow an alternative sequence for a specific project if necessary to achieve the objectives of a local jurisdiction’s land use plans or policies or to take advantage of opportunities to consolidate forest conservation efforts.</text> </level> </level> <level label="b"> <text>Standards for meeting afforestation or reforestation requirements shall be established by the State or local program using one or more of the following methods:</text> <level label="1"> <text>Forest creation in accordance with a forest conservation plan using one or more of the following:</text> <level label="i"> <text>Transplanted or nursery stock;</text> </level> <level label="ii"> <text>Whip and seedling stock; or</text> </level> <level label="iii"> <text>Natural regeneration where it can be shown to adequately meet the objective of the forest conservation plan.</text> </level> </level> <level label="2"> <text>The use of qualified conservation completed in a forest mitigation bank to meet:</text> <level label="i"> <text>Up to 50% of the afforestation or reforestation requirement, in which case, the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity; or</text> </level> <level label="ii"> <text>If a local jurisdiction proposes and, after public comment, the Department approves a written justification for the increase, up to 60% of the afforestation or reforestation requirement, in which case the afforestation or reforestation credit granted may not exceed 50% of the forest area encumbered in perpetuity.</text> </level> </level> <level label="3"> <text>The use of street trees in a municipal corporation with a tree management plan, in an existing population center designated in a county master plan that has been adopted to conform with the Economic Growth, Resource Protection, and Planning Act of 1992, or in any other designated area approved by the Department as part of a local program, under criteria established by the local program, subject to the approval of the Department, using:</text> <level label="i"> <text>Street trees as a permissible step in the priority sequence for afforestation or reforestation and, based on a mature canopy coverage, may grant full credit as a mitigation technique; and</text> </level> <level label="ii"> <text>Acquisition as a mitigation technique of an off–site protective easement for existing forested areas not currently protected in perpetuity, in which case the afforestation or reforestation credit granted may not exceed 50% of the area of forest cover protected.</text> </level> </level> <level label="4"> <text>When all other options, both on–site and off–site, have been exhausted, landscaping as a mitigation technique, conducted under an approved landscaping plan that establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area.</text> </level> </level> <level label="c"> <level label="1"> <text>The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that reasonable efforts have been made to protect them and the plan cannot reasonably be altered:</text> <level label="i"> <text>Trees, shrubs, and plants located in sensitive areas including 100–year floodplains, intermittent streams and their buffers of at least 50 feet from the stream channel, perennial streams and their buffers of at least 100 feet from the stream channel, coastal bays and their buffers, steep slopes, and critical habitats;</text> </level> <level label="ii"> <text>Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;</text> </level> <level label="iii"> <text>Forest suitable for forest interior–dwelling species;</text> </level> <level label="iv"> <text>Forest located in a Tier II or Tier III high quality watershed as identified by the Department of the Environment;</text> </level> <level label="v"> <text>Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and</text> </level> <level label="vi"> <text>Forests in urban areas:</text> <level label="1"> <text>As delineated in the priority urban forest mapping included in the State Forest Conservation Technical Manual requirements; or</text> </level> <level label="2"> <text>That are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution.</text> </level> </level> </level> <level label="2"> <text>The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5–1611 of this subtitle:</text> <level label="i"> <text>Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department;</text> </level> <level label="ii"> <text>Trees that are part of a historic site or associated with a historic structure or designated by the Department or local authority as a national, State, or local Champion Tree; and</text> </level> <level label="iii"> <text>Trees having a diameter measured at 4.5 feet above the ground of:</text> <level label="1"> <text>30 inches; or</text> </level> <level label="2"> <text>75% of the diameter, measured at 4.5 feet above the ground, of the current State Champion Tree of that species as designated by the Department.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>The Department or a local authority shall issue written findings and justification for any clearing of a priority retention area described in paragraph (1) or (2) of this subsection.</text> </level> <level label="ii"> <text>Any judicial review of a final determination made under this paragraph shall be:</text> <level label="1"> <text>Conducted in accordance with the Maryland Rules; and</text> </level> <level label="2"> <text>Limited to the record compiled by the Department or the local authority.</text> </level> </level> </level> </level> <level label="d"> <text>The following shall be considered priority for afforestation or reforestation:</text> <level label="1"> <text>Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet;</text> </level> <level label="2"> <text>Establish or increase existing forested corridors to connect existing forests within or adjacent to the site and, where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement;</text> </level> <level label="3"> <text>Establish or enhance forest buffers adjacent to critical habitats where appropriate;</text> </level> <level label="4"> <text>Establish or enhance forested areas in 100–year floodplains;</text> </level> <level label="5"> <text>Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions;</text> </level> <level label="6"> <text>Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights–of–way;</text> </level> <level label="7"> <text>Establish forest areas adjacent to existing forests so as to increase the overall area of contiguous forest cover, when appropriate; and</text> </level> <level label="8"> <text>Use native plant materials for afforestation or reforestation, when appropriate.</text> </level> </level> <level label="e"> <level label="1"> <text>As part of the development of a forest conservation program, the State or local government shall develop provisions for:</text> <level label="i"> <text>Preservation of areas described in subsections (c) and (d)(1) and (3) of this section;</text> </level> <level label="ii"> <text>Retention as forest of all land forested, afforested, or reforested under this subtitle; and</text> </level> <level label="iii"> <text>Limitation of uses of forest to those that are not inconsistent with forest conservation, such as recreational activities and forest management under subsection (f) of this section.</text> </level> </level> <level label="2"> <text>The provisions required in paragraph (1) of this subsection may include protective agreements for areas of forest conservation, including conservation easements, deed restrictions, and covenants.</text> </level> </level> <level label="f"> <text>An owner may place land that is forested, afforested, or reforested under this subtitle in the forest conservation and management program under § 8–211 et seq. of the Tax – Property Article or in a forest management plan prepared by a licensed forester and approved by the local authority or the State. Reforestation shall be required when the final regeneration harvest is complete or if determined to be necessary due to the lack of adequate natural regeneration.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1608" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>The review of the forest conservation plan shall be concurrent with the review process of the State or local authority for the subdivision plan, or the grading or sediment control permit, whichever may be submitted first.</text> </level> <level label="b"> <text>Before the approval of the final subdivision plan, or the issuance of the grading or sediment control permit by the State or local authority, the applicant shall have an approved forest conservation plan that shall include the requirements in §§ 5-1605, 5-1606, and 5-1607 of this subtitle.</text> </level> <level label="c"> <level label="1"> <text>Any person found to be in noncompliance with this subtitle, regulations adopted under this subtitle, the forest conservation plan or the associated 2-year management agreement shall be assessed by the Department or local authority, the penalty of 30 cents per square foot of the area found to be in noncompliance with required forest conservation.</text> </level> <level label="2"> <text>This amount shall be paid into the appropriate local or State Forest Conservation Fund.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1609" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <level label="1"> <text>By December 31, 1991, the Department, after consulting with local government and the real estate development, building, and environmental communities, shall adopt regulations, including the development of guidance manuals to:</text> <level label="i"> <text>Implement this subtitle and set requirements and standards which establish:</text> <level label="1"> <text>Standards of performance required in forest stand delineations and forest conservation plans including the submittal process;</text> </level> <level label="2"> <text>Criteria for local forest conservation programs; and</text> </level> <level label="3"> <text>Implementation processes for the Department’s administration in the absence of a local forest conservation program;</text> </level> </level> <level label="ii"> <text>Assist and guide local authorities in the development of their local forest conservation program by providing:</text> <level label="1"> <text>Training of local officials; and</text> </level> <level label="2"> <text>A model local government ordinance that meets the requirements of this subtitle; and</text> </level> </level> <level label="iii"> <text>Assist developers, planners, surveyors, engineers, foresters, biologists, and landscape architects in:</text> <level label="1"> <text>Developing methodology and gathering natural resource information required in the preparation of a forest stand delineation and a forest conservation plan;</text> </level> <level label="2"> <text>Determining the size, location, and orientation of forest areas to be retained;</text> </level> <level label="3"> <text>Determining the size, location, and orientation of areas to be afforested or reforested;</text> </level> <level label="4"> <text>Implementing protection techniques and devices used in preserving specimen trees or areas designated for retention during construction; and</text> </level> <level label="5"> <text>Determining species, spacing, and timing of afforestation or reforestation.</text> </level> </level> </level> <level label="2"> <text>All provisions of the guidance manual that are not specifically noted as standards or minimum requirements shall be deemed recommendations by the Department for the development of the local program.</text> </level> </level> <level label="b"> <text>By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that shall:</text> <level label="1"> <text>Be updated every 5 years or as deemed appropriate by the Department; and</text> </level> <level label="2"> <text>Include a list of potential sites for reforestation or afforestation of both publicly and privately owned land on a county by county basis.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1610" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Fund” means the Forest Conservation Fund.</text> </level> <level label="3"> <text>“Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article.</text> </level> </level> <level label="b"> <text>There is a Forest Conservation Fund in the Department.</text> </level> <level label="c"> <text>Except as provided in subsection (h) of this section, if any person subject to this subtitle demonstrates to the satisfaction of the appropriate State or local authority that the requirements for reforestation or afforestation on–site or off–site cannot be reasonably accomplished and appropriate credits generated by a forest mitigation bank in the same county or watershed are not available, the person shall contribute money to the Fund:</text> <level label="1"> <text>On or before September 30, 2014:</text> <level label="i"> <text>For a project inside a priority funding area, at a rate of 30 cents per square foot of the area of required planting; and</text> </level> <level label="ii"> <text>For a project outside a priority funding area, at a rate of 36 cents per square foot of the area of required planting; and</text> </level> </level> <level label="2"> <text>After September 30, 2014:</text> <level label="i"> <text>For a project inside a priority funding area, at a rate adjusted for inflation as determined by the Department annually by regulation; and</text> </level> <level label="ii"> <text>For a project outside a priority funding area, at a rate that is 20% higher than the rate set under item (i) of this item.</text> </level> </level> </level> <level label="d"> <text>Money collected by the State or a local authority under § 5–1608(c) or § 5–1612 of this subtitle for noncompliance with this subtitle or regulations adopted under this subtitle or for noncompliance with a forest conservation plan or the associated 2–year management agreement shall be deposited in the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Department shall accomplish the reforestation or afforestation for which the money is deposited within 5 years or 6 growing seasons, as appropriate, after receipt of the money.</text> </level> <level label="2"> <text>Money deposited in the Fund under subsection (c) of this section shall remain in the Fund for a period of 5 years or 6 growing seasons, and at the end of that time period, any portion that has not been used or encumbered to meet the afforestation or reforestation requirements shall be returned to the person who provided the money to be used for documented tree planting in the same county or watershed beyond that required by this subtitle or other applicable statutes.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>Money deposited in the Fund under subsection (c) of this section may only be spent on reforestation and afforestation, including site identification, acquisition, and preparation, maintenance of existing forests, and achieving urban canopy goals, and may not revert to the General Fund of the State.</text> </level> <level label="ii"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation or afforestation requirement under this subsection shall occur in the county and watershed in which the project is located.</text> </level> <level label="ii"> <text>If the reforestation or afforestation cannot be reasonably accomplished in the county and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the State in which the project is located.</text> </level> <level label="iii"> <text>If the reforestation or afforestation cannot be reasonably accomplished in the county or watershed in which the project is located, then the reforestation or afforestation shall be accomplished through purchase of credits in, establishment, or maintenance of a forest mitigation bank in accordance with regulations of the Department. The Reforestation Fund may not be used to finance administrative activities associated with a mitigation bank and any credits created by the Reforestation Fund may not be sold to compensate for additional forest impacts.</text> </level> </level> </level> <level label="g"> <text>Money deposited in the Fund under subsection (d) of this section may be used by the Department for the purpose of implementing this subtitle.</text> </level> <level label="h"> <level label="1"> <text>In lieu of a State Forest Conservation Fund, any local authority with an approved forest conservation program may establish a forest conservation fund, to be administered by the local authority, to allow a payment by any person who has demonstrated to the satisfaction of the local authority that:</text> <level label="i"> <text>The requirements for reforestation and afforestation on–site and off–site cannot be reasonably accomplished; and</text> </level> <level label="ii"> <text>Appropriate credits generated by a forest mitigation bank in the same county or watershed are not available.</text> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the rates shall be:</text> <level label="1"> <text>For a project inside a priority funding area, at least the same as the rates established for the State Forest Conservation Fund under subsection (c) of this section; and</text> </level> <level label="2"> <text>For a project outside a priority funding area, 20% higher than the rates established under item 1 of this subparagraph.</text> </level> </level> <level label="ii"> <text>Subject to subparagraph (iii) of this paragraph, if a local jurisdiction establishes rates for projects that are higher than the minimum rates established under subsection (c) of this section, the local authority may use a rate for a project:</text> <level label="1"> <text>Inside a priority funding area that is 20% lower than the rate calculated under subparagraph (i)2 of this paragraph; or</text> </level> <level label="2"> <text>Outside a priority funding area that is 20% higher than the rate calculated under subparagraph (i)1 of this paragraph.</text> </level> </level> <level label="iii"> <text>The rate established under subparagraph (ii)1 of this paragraph for a project inside a priority funding area may not be lower than the rate established for the State Forest Conservation Fund under subsection (c) of this section.</text> </level> </level> </level> <level label="h–1"> <level label="1"> <text>A local authority that has an established forest conservation fund shall provide to the Department:</text> <level label="i"> <text>A general plan identifying appropriate and potentially available areas for mitigation projects; and</text> </level> <level label="ii"> <text>Detailed accounting procedures for accurately tracking money received into and expended out of the forest conservation fund.</text> </level> </level> <level label="2"> <text>Local forest conservation fund mitigation plans and accounting procedures shall be made available to the public.</text> </level> </level> <level label="i"> <level label="1"> <text>Money deposited in the local forest conservation fund under subsection (h) of this section may only be spent on reforestation and afforestation, including the costs directly related to site identification, acquisition, prepurchase, and preparation, maintenance of existing forests, and achieving urban canopy goals, and may not revert to any other local general fund.</text> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation or afforestation requirement under this subsection shall occur in the county and watershed in which the project is located.</text> </level> <level label="ii"> <text>If the reforestation or afforestation cannot be reasonably accomplished in the county and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the State in which the project is located.</text> </level> <level label="iii"> <text>If the reforestation or afforestation cannot be reasonably accomplished in the county or watershed in which the project is located, then the reforestation or afforestation shall be accomplished through purchase of credits in, establishment, or maintenance of a forest mitigation bank in accordance with regulations of the local forest conservation program. The Reforestation Fund may not be used to finance administrative activities associated with a mitigation bank and any credits created by the Reforestation Fund may not be sold to compensate for additional forest impacts.</text> </level> </level> <level label="3"> <text>A local authority, consistent with § 5–1606 of this subtitle:</text> <level label="i"> <text>May not collect money for deposit into its forest conservation fund unless the local authority has submitted to the Department the general mitigation plan and accounting procedures required under subsection (h–1) of this section; and</text> </level> <level label="ii"> <text>Shall ensure that the equivalent number of acres for which money is collected and paid into its forest conservation fund is mitigated in accordance with afforestation, reforestation, and conservation priorities and techniques authorized under § 5–1607 of this subtitle.</text> </level> </level> </level> <level label="j"> <text>Money collected by the local authority under § 5–1608(c) of this subtitle for noncompliance with this subtitle or regulations or ordinances adopted under this subtitle for noncompliance with a forest conservation plan or the associated 2–year management agreement shall be deposited in the local fund. The rate shall be 30 cents per square foot of the area found to be in noncompliance with the required forest conservation.</text> </level> <level label="k"> <text>Money deposited in a local forest conservation fund under subsection (j) of this section may be used by the local authority for purposes related to implementing this subtitle.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1610.1" future_version_removed="true" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>The Department shall develop standards and adopt regulations for the creation and use of forest mitigation banks, including criteria for tracking, crediting, maintaining, bonding, and reporting mitigation bank activities.</text> </level> <level label="b"> <text>A local jurisdiction may develop procedures for establishing forest mitigation banks as part of its forest conservation program.</text> </level> <level label="c"> <text>After December 31, 2020, mitigation banks may be allowed only:</text> <level label="1"> <text>If the application was submitted before December 31, 2020; or</text> </level> <level label="2"> <text>When using:</text> <level label="i"> <text>Qualified conservation located in priority retention areas as identified in § 5–1607(c) of this subtitle; or</text> </level> <level label="ii"> <text>Newly planted forest located in priority afforestation or reforestation areas as identified in § 5–1607(d) of this subtitle or as identified in a comprehensive plan adopted by a local jurisdiction.</text> </level> </level> </level> <level label="d"> <text>The establishment of mitigation banks and their use may not alter the sequence for retention, reforestation, or afforestation on a development site as outlined in § 5–1607 of this subtitle.</text> </level> <level label="e"> <text>Criteria established by local or State programs for the use and establishment of forest mitigation banks shall include protection and conservation in perpetuity of forest mitigation banks consistent with reasonable management plans, through methods that include easements, covenants, or similar mechanisms that shall be in place at the time credits are withdrawn.</text> </level> <level label="f"> <text>This section may not be construed to require the Department or a local jurisdiction to:</text> <level label="1"> <text>Establish or fund State or local mitigation banks;</text> </level> <level label="2"> <text>Fund the establishment of forest mitigation banking by the private sector; or</text> </level> <level label="3"> <text>Use State or local government land for forest mitigation banking.</text> </level> </level> <level label="g"> <level label="1"> <text>Credits in a mitigation bank may not be approved for debiting until construction or qualified conservation of the mitigation bank is complete.</text> </level> <level label="2"> <text>A mitigation bank that requires construction shall maintain sufficient credits in reserve to cover anticipated expenses of completion of the mitigation bank.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1611" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <text>In the preparation of the State or local forest conservation programs, the State and local authorities shall provide for the granting of variances to the requirements of this subtitle, where owing to special features of a site or other circumstances, implementation of this subtitle would result in unwarranted hardship to an applicant.</text> </level> <level label="b"> <text>Variance procedures adopted under this section shall:</text> <level label="1"> <text>Be designed in a manner consistent with the spirit and intent of this subtitle; and</text> </level> <level label="2"> <text>Assure that the granting of a variance will not adversely affect water quality.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1612" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <level label="a"> <level label="1"> <text>The enforcement provisions in this section and § 5–1608 of this subtitle are in lieu of any other provision in this title.</text> </level> <level label="2"> <text>In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any local authority that has adopted a forest conservation program, in addition to any enforcement provisions available to the local authority.</text> </level> </level> <level label="b"> <text>The Department or a local authority may revoke an approved forest conservation plan for cause, including violation of conditions of the plan, obtaining a plan approval by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department or a local authority shall notify the violator in writing and provide an opportunity for a hearing.</text> </level> <level label="c"> <text>The Department or a local authority may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, approved plan, or management agreement.</text> </level> <level label="d"> <level label="1"> <text>A person who violates any provision of this subtitle or any regulation, order, plan, or management agreement under this subtitle is liable for a penalty not exceeding $1,000 which may be recovered in a civil action brought by the Department or a local authority. Each day a violation continues is a separate violation under this subtitle.</text> </level> <level label="2"> <text>The court may issue an injunction requiring the person to cease the violation and take corrective action to restore or reforest an area.</text> </level> </level> <level label="e"> <text>A local authority conducting enforcement activity in accordance with this section or § 5–1608(c) of this subtitle shall give notice to the Department within 15 days after the commencement of the enforcement activity.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1613" title_number="5" title_name="Forests and Parks" subtitle_number="16" subtitle_name="Forest Conservation"> <text>On or before September 30 of each year, the Department shall submit, subject to § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee a statewide report, compiled from local authorities’ reports to the Department, on:</text> <level label="1"> <text>The number, location, and type of projects subject to the provisions of this subtitle;</text> </level> <level label="2"> <text>The amount and location of acres cleared, conserved, and planted, including any areas which utilize forest mitigation bank credits or areas located in the 100 year floodplain, in connection with a development project;</text> </level> <level label="3"> <text>The amount of reforestation and afforestation fees and noncompliance penalties collected and expended, the number of acres for which the fees were collected, and the number of acres reforested, afforested, or conserved using the fees;</text> </level> <level label="4"> <text>The costs of implementing the forest conservation program;</text> </level> <level label="5"> <text>The size, location, and protection of any local forest mitigation banks which are created under a local or State program;</text> </level> <level label="6"> <text>The number, location, and type of violations and type of enforcement activity conducted in accordance with this subtitle; and</text> </level> <level label="7"> <text>To the extent practicable, the size and location of all conserved and planted forest areas, submitted in an electronic geographic information system or computer aided design format.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1701" title_number="5" title_name="Forests and Parks" subtitle_number="17" subtitle_name="Leasing of State Oil and Gas Resources"> <level label="a"> <level label="1"> <text>The Board of Public Works shall adopt regulations establishing procedures and standards for awarding any oil or natural gas lease for production or reserve under lands or waters of the State.</text> </level> <level label="2"> <text>An area leased for reserve may not be put into production until the lessee obtains a lease for production pursuant to § 5-1702 of this subtitle.</text> </level> </level> <level label="b"> <text>The Board of Public Works shall adopt regulations establishing a system by which persons may periodically nominate areas beneath lands or waters of the State for possible leasing for production or reserve of oil or natural gas.</text> </level> <level label="c"> <text>The Board of Public Works may not enter into any lease under this section that would preclude or interfere with the public or private harvesting of finfish or shellfish.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1702" title_number="5" title_name="Forests and Parks" subtitle_number="17" subtitle_name="Leasing of State Oil and Gas Resources"> <level label="a"> <text>Before the Board of Public Works may solicit bids for or award any lease for production of oil or natural gas from beneath lands or waters of the State, and after receiving the written recommendation of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays (if the leased area is located in the State’s critical areas) and the advisory comments of the Secretaries of Budget and Management, Natural Resources, the Environment, and Commerce and the Secretary of Planning, the Board of Public Works shall direct the Secretary of Natural Resources in consultation with the Secretaries of the Environment, Commerce, and Budget and Management and the Secretary of Planning to prepare a statement of environmental, fiscal, and economic impact of the proposed lease.</text> </level> <level label="b"> <level label="1"> <text>The statement of environmental, fiscal, and economic impact shall be prepared and filed within 6 months after the direction of the Board of Public Works. However, the Board of Public Works may extend this time limit for not more than an additional 12 months for good cause.</text> </level> <level label="2"> <text>The statement of environmental, fiscal, and economic impact and any written background and supporting material shall be available for public inspection.</text> </level> <level label="3"> <text>The Board of Public Works shall provide by regulation for recovery by the Department of Natural Resources from bidders or lessees, as appropriate, of the costs of preparing a statement of environmental, fiscal, and economic impact.</text> </level> </level> <level label="c"> <text>The statement of environmental, fiscal, and economic impact shall include the following information:</text> <level label="1"> <text>An assessment of the probable deleterious effects of the proposed drilling operation and production facilities, including the probabilities and consequences of accidental discharge of oil or gas to the environment during drilling, production, and transportation, on:</text> <level label="i"> <text>Finfish, shellfish, and other marine or freshwater organisms;</text> </level> <level label="ii"> <text>Birds and other wildlife that use the air and water resources;</text> </level> <level label="iii"> <text>Air and water quality; and</text> </level> <level label="iv"> <text>Land and water resources;</text> </level> </level> <level label="2"> <text>An areawide environmental impact statement, including, where applicable, the probable environmental effects of pollution on the Chesapeake Bay, its tributaries, and the areas surrounding the proposed lease site;</text> </level> <level label="3"> <text>An inventory of existing economic and environmental conditions at the proposed lease site and in the immediate area;</text> </level> <level label="4"> <text>A project description of what is to be constructed, the manner and construction schedule, and the method of construction;</text> </level> <level label="5"> <text>A complete description of any proposed production facility, including at least its anticipated size, effluent load, and production levels;</text> </level> <level label="6"> <text>Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;</text> </level> <level label="7"> <text>An examination of the secondary environmental effects of induced economic development due to the drilling and production; and</text> </level> <level label="8"> <text>An evaluation of the need for the production facility and the relative merit of other possible sites.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1703" title_number="5" title_name="Forests and Parks" subtitle_number="17" subtitle_name="Leasing of State Oil and Gas Resources"> <text>Any person who drills for oil or gas on the lands or in the waters of the State is strictly liable for any damages that occur in exploration, drilling, or producing operations or in the plugging of the person’s oil or gas wells, including liability to the State for any environmental damage.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-1801" title_number="5" title_name="Forests and Parks" subtitle_number="18" subtitle_name="South Mountain Battlefield"> <level label="a"> <text>The General Assembly finds that:</text> <level label="1"> <text>On September 14, 1862, the Union and Confederate Armies fought a major battle along a seven mile stretch of South Mountain, which was the first battle of the Civil War fought on Maryland soil.</text> </level> <level label="2"> <text>The South Mountain Battlefield has been recognized as one of the 11 most endangered historic places in America for 2000.</text> </level> <level label="3"> <text>In order to preserve the land where the battle was fought and to provide the public with access to appreciate the land where the battle was fought, it is declared to be the public policy of this State to establish the first Civil War State Battlefield at South Mountain and to provide the authority and resources to develop and operate the Battlefield.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall manage the development and operation of the South Mountain Battlefield.</text> </level> <level label="2"> <text>The Department shall exercise the same powers of adopting regulations and managing the Battlefield that:</text> <level label="i"> <text>Are exercised by the Department for a State park; and</text> </level> <level label="ii"> <text>Are consistent with the historic significance of the Battlefield.</text> </level> </level> <level label="3"> <level label="i"> <text>The Department may set and charge fees based upon the approximate cost of operating the Battlefield to cover the cost of operating the Battlefield.</text> </level> <level label="ii"> <text>Any excess revenue at the end of a fiscal year shall be remitted to the General Fund.</text> </level> </level> </level> <level label="c"> <text>The South Mountain Battlefield shall encompass the property owned by the State along South Mountain between the northern portion of Washington Monument State Park in Washington and Frederick counties and the property near the town of Brownsville, south of Gathland State Park in Washington County.</text> </level> <level label="d"> <text>Subject to the availability of funds, the Governor shall appropriate the necessary funds in the State budget each year to the Department for the construction, operation, maintenance, and administration of the South Mountain Battlefield.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-1901" title_number="5" title_name="Forests and Parks" subtitle_number="19" subtitle_name="Calvert County Youth Recreational Opportunities Fund"> <level label="a"> <text>In this section, “Fund” means the Calvert County Youth Recreational Opportunities Fund.</text> </level> <level label="b"> <text>There is a Calvert County Youth Recreational Opportunities Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to increase youth recreational opportunities in Calvert County.</text> </level> <level label="d"> <text>The Secretary shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Revenue distributed to the Fund under § 2–202(b)(3) of the Tax – General Article;</text> </level> <level label="2"> <text>Money appropriated in the State budget to the Fund; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only for projects that are approved by the Secretary to advance youth recreational opportunities in Calvert County and that receive contributions from the county for the projects.</text> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Subject to subsection (k) of this section, money expended from the Fund for youth recreational opportunities in Calvert County is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for youth recreational opportunities in Calvert County.</text> </level> <level label="k"> <level label="1"> <text>Money from the Fund first shall be used for the sole purpose of completing the development of Ward Farm Recreation and Nature Park until the development of the park is complete.</text> </level> <level label="2"> <text>After completion of the development of Ward Farm Recreation and Nature Park, the Calvert County Board of County Commissioners shall adopt a plan to expand youth recreational opportunities at additional locations.</text> </level> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2001" title_number="5" title_name="Forests and Parks" subtitle_number="20" subtitle_name="Maryland Forestry Education Fund"> <level label="a"> <text>In this section, “Fund” means the Maryland Forestry Education Fund.</text> </level> <level label="b"> <text>There is a Maryland Forestry Education Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to expand and enhance:</text> <level label="1"> <text>The Maryland Forestry Foundation’s capacity to provide education and resources that support Maryland’s forest landowners;</text> </level> <level label="2"> <text>The ability of district forestry boards and the knowledge of local governments in Maryland to achieve:</text> <level label="i"> <text>Environmental, economic, and social sustainability of forest health; and</text> </level> <level label="ii"> <text>The sustainable management of forest resources; and</text> </level> </level> <level label="3"> <text>The ability of businesses to test innovative best management practices in forestry.</text> </level> </level> <level label="d"> <text>The Maryland Forestry Foundation shall administer the Fund.</text> </level> <level label="e"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="f"> <text>The Fund consists of:</text> <level label="1"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="2"> <text>Interest earnings; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="g"> <text>The Fund may be used only for:</text> <level label="1"> <text>Providing training and education to forest landowners, district forestry boards, and local governments to ensure the landowners, boards, and governments are well informed on advances and developments in:</text> <level label="i"> <text>Healthy forest management;</text> </level> <level label="ii"> <text>Ecological service markets;</text> </level> <level label="iii"> <text>Emerging forestry threats;</text> </level> <level label="iv"> <text>Climate science;</text> </level> <level label="v"> <text>Forest conservation;</text> </level> <level label="vi"> <text>Urban forestry;</text> </level> <level label="vii"> <text>Sustainability science;</text> </level> <level label="viii"> <text>Forestry policy;</text> </level> <level label="ix"> <text>Forestry practices; and</text> </level> <level label="x"> <text>Resource options that promote the multiple benefits of forest management;</text> </level> </level> <level label="2"> <text>Providing outreach and engagement that builds local capacity and institutionalizes sustainability efforts within communities and the district forestry boards, including:</text> <level label="i"> <text>Holding a forest sustainability conference once every 2 years;</text> </level> <level label="ii"> <text>Implementing a peer–to–peer learning exchange; and</text> </level> <level label="iii"> <text>Providing healthy forest presentations;</text> </level> </level> <level label="3"> <text>Developing and expanding a healthy forest education and conservation program;</text> </level> <level label="4"> <text>Improving the outreach of district forestry boards by providing education, recognition, strategies, and actions the boards can implement;</text> </level> <level label="5"> <text>Providing small grants to district forestry boards, forest landowners, local governments, and businesses to test innovative best management practices in forestry;</text> </level> <level label="6"> <text>Recognizing the efforts forest landowners and local governments make toward achieving healthy, sustainable forest management; and</text> </level> <level label="7"> <text>Expenses related to the administration of the Fund.</text> </level> </level> <level label="h"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="i"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="j"> <text>Money expended from the Fund for the outreach, training, education, and grants under subsection (g) of this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for forestry education and outreach.</text> </level> <level label="k"> <text>For fiscal year 2025, the Governor shall include in the annual budget bill an appropriation of $250,000 to the Fund.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2101" title_number="5" title_name="Forests and Parks" subtitle_number="21" subtitle_name="Agriculture Leases on Department Land"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Healthy soils” has the meaning stated in § 2–1901 of the Agriculture Article.</text> </level> <level label="c"> <text>“Regenerative practices and traditions” has the meaning stated in § 2–1901 of the Agriculture Article.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2102" title_number="5" title_name="Forests and Parks" subtitle_number="21" subtitle_name="Agriculture Leases on Department Land"> <level label="a"> <text>The Department may lease land owned or managed by the Department to a person implementing practices that support healthy soils and regenerative practices and traditions.</text> </level> <level label="b"> <level label="1"> <text>The lease term may be for a minimum of 10 years.</text> </level> <level label="2"> <text>The lease shall require the lessee to comply with all applicable State and federal laws and regulations.</text> </level> </level> <level label="c"> <text>The Department shall consult with the Department of Agriculture on the development of a template for leases entered into under this section.</text> </level> </section> <section article="gnr" article_name="Natural Resources" number="5-2201" title_number="5" title_name="Forests and Parks" subtitle_number="22"> <text>In this subtitle, “Department lands” means all lands owned, leased, or managed by the Department, including State parks, Wildlife Management Areas, Natural Resource Management Areas, and State forests.</text> </section> <section article="gnr" article_name="Natural Resources" number="5-2202" title_number="5" title_name="Forests and Parks" subtitle_number="22"> <level label="a"> <text>The Department shall:</text> <level label="1"> <text>Identify climate vulnerabilities and risks on Department lands;</text> </level> <level label="2"> <text>Evaluate opportunities to implement climate change mitigation, adaptation, or resilience projects, including nature–based solutions and adaptive management, on Department lands; and</text> </level> <level label="3"> <text>Prioritize Department lands for projects based on climate risk, ecological value, and potential co–benefits.</text> </level> </level> <level label="b"> <text>By December 31, 2035, the Department shall carry out the provisions of subsection (a) of this section for two coastal and two inland properties owned, leased, or managed by the Department.</text> </level> </section>