Title 5. Forests and Parks — Subtitle 11. Public Recreation on Private Land and Land Owned by Local Governments

“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.

“Charge” does not include:

Nature study;

Farm visitations for purposes of learning about the farming operation;

Practice judging of livestock, dairy cattle, poultry, other animals, agronomy crops, horticultural crops, or other farm products;

Organized visits to farms by school children, 4–H clubs, FFA clubs, and others as part of their educational programs;

Organized visits for purposes of participating in or observing historical reenactments as part of an educational or cultural program; and

Observation of historical, archaeological, or scientific sites.

“Land” means land, roads, paths, trails, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty.

“Land” does not include any structure or equipment provided by a unit of local government for the purpose of public recreation.

Designed for or capable of cross–country travel on or directly over land, snow, or other natural terrain; and

Not intended for use on public roads.

Require a landowner to allow the general public access to the landowner’s land; or

Prohibit a landowner from limiting or posting the landowner’s land against entry.

Create a duty of care or ground of liability for injury to persons or property; or

Relieve any person using the land of another for any recreational or educational purpose from:

Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

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.

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.

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.