# Natural Resources (GNR)

## Title 5. Forests and Parks

### Subtitle 2. Organization and Authority of Department Pertaining to Forests and Parks -- in General

#### Section 5-201

(a) 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.

(b) 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.

#### Section 5-202

There is a Forest and Park Service in the Department.

#### Section 5-204

(a)

  (1) There is a Sustainable Forestry Council in the Department.

  (2) The purpose of the Council is to advise the Department on all matters related to:

    (i) Sustainable forestry management in the State;

    (ii) The expenditure of funds from the Mel Noland Woodland Incentives Fund under Sec. 5-307 of this title;

    (iii) Existing regulatory and statutory policies that are perceived as economic barriers to a viable forest products industry;

    (iv) New markets to enhance forest health, including renewable energy development through biomass energy, to offset fossil fuel consumption and reduce greenhouse gas emissions;

    (v) Creative strategies to help privately owned forest lands better compete with real estate market values that are driving forest conversion and fragmentation;

    (vi) The means to promote forest-based economies and processing capability that contribute to economic and employment growth; and

    (vii) 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.

(b)

  (1) The Sustainable Forestry Council shall have 9 members.

  (2) Members of the Council shall be appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.

#### Section 5-206

(a) 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.

(b) 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:

  (1) Properties owned by the State and managed by the Department;

  (2) 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;

  (3) All public and private properties which are within the boundaries of State properties managed by the Department;

  (4) All waters of the State within one mile of the shoreline of all properties owned by the Department;

  (5) All public and private property adjoining property owned by the State and managed by the Department;

  (6) All park property in Maryland owned by the federal government;

  (7) All roadways within the boundaries of or that portion of roadway adjoining properties owned by the State and managed by the Department; and

  (8) 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.

(c) 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:

  (1) Property owned by the State and managed by the Department;

  (2) Public and private property that is within the boundaries of State property managed by the Department;

  (3) Public and private property that adjoins property owned by the State and managed by the Department; and

  (4) A roadway within the boundaries of, or that portion of a roadway that adjoins, property owned by the State and managed by the Department.

(d) 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.

(e) 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.

(f) 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.

(g)

  (1) 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.

  (2) 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.

(h) Subject to Sec. 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.

#### Section 5-207

(a)

  (1) 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.

  (2) 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.

  (3) The Department may apply for a certificate of reservation for public use of abandoned land under Title 13 of the Real Property Article.

(b) 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 Sec. 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.

(c) 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.

#### Section 5-208

(a) 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.

(b) 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.

(c) 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.

#### Section 5-209

(a) 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.

(b)

  (1) The Secretary shall promulgate rules and regulations regarding equipment standards and the operation of off-road vehicles by type, as defined in Sec. 10-410(d) of this article, on property owned or controlled by the Department.

  (2)

    (i) 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.

    (ii) An off-road vehicle may not be used:

      (1) Where its operation will damage the wildland character of the property; or

      (2) 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.

    (iii) The Department may not establish an off-road vehicle trail on State-owned property located in Sideling Hill in Washington County, including:

      (1) The Sideling Hill Wildlife Management Area; and

      (2) The areas of Sideling Hill that are located to the north and south of Interstate 68.

  (3)

    (i) 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.

    (ii) 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 Sec. 7-302 of the State Finance and Procurement Article.

    (iii) Revenues may be used for administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

  (4) 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.

(c) 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.

(d)

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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.

(e) The Department shall adopt regulations that prescribe the type and color of paint to be used for posting private property under Sec. 6-402 of the Criminal Law Article.

#### Section 5-210

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.

#### Section 5-210.1

(a) The Department shall coordinate with the Department of General Services to:

  (1) Develop an electronic asset management system for its infrastructure, including:

    (i) A list of maintenance projects at each site;

    (ii) The status of each maintenance project;

    (iii) The date on which each project was added to the system; and

    (iv) Features that allow the Department to manage the planning, scheduling, work order, and cost of each maintenance project;

  (2) Develop a facility condition index assessment process for all Park Service sites, modeled after the National Park Service's facility condition index; and

  (3) Establish a dedicated asset evaluation team to:

    (i) Assess the condition of Maryland Park Service structures, infrastructure, and landscapes;

    (ii) Update individual facility condition indices on an ongoing basis; and

    (iii) 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.

(b) 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.

(c)

  (1) The Department shall:

    (i) Take inventory of all State land managed by the Department, including:

      (1) Acreage;

      (2) Any structures on each property;

      (3) The use of each property; and

      (4) Whether a property is located within an environmental justice community as identified by the Department using the Maryland Environmental Justice Screen Tool; and

    (ii) 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.

  (2)

    (i) 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.

    (ii) The Department may not delay the preservation and restoration of historical and cultural resources while conducting the systemwide survey.

#### Section 5-211

The Department shall prepare, print, and distribute on request, matter relating to the State forests, parks, scenic preserves, parkways, historic monuments, and recreational areas.

#### Section 5-212

(a) In this section, "Fund" means the Forest or Park Reserve Fund.

(b) There is a Forest or Park Reserve Fund in the Department.

(c) 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.

(d) The Department shall administer the Fund.

(e)

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

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

(f) The Fund consists of:

  (1) Except as provided in Sec. 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;

  (2) Revenue distributed to the Fund from fines collected under Sec. 5-1302 of this title;

  (3) Revenue received by the Fund under Sec. 5-207(b) of this subtitle; and

  (4) Any money transferred to the Fund under Sec. 5-903(i)(3)(ii) of this title.

(g)

  (1) Subject to paragraphs (3) and (4) of this subsection, the Fund may be used only for:

    (i)

      (1) 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

      (2) Helping to offset the costs to the Forest and Park Service for developing and implementing a forest health emergency contingency program under Sec. 5-307 of this title;

    (ii) Subject to paragraphs (2) and (4) of this subsection, payments to counties in the amount of:

      (1) 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

      (2) 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

    (iii) Administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

  (2) 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.

  (3)

    (i) 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.

    (ii) 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.

  (4) 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 Sec. 6.5-201 of the Tax - Property Article in the same fiscal year.

(h)

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

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

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

#### Section 5-212.1

(a)

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

  (2) "Account" means the Forest and Park Concession Account.

  (3)

    (i) "Concession operations" means activities within a State forest or park that:

      (1) Raise revenue;

      (2) Function under a separate budget system; and

      (3) Supplement the operation of the facility where it is located.

    (ii) "Concession operations" includes:

      (1) Food concessions;

      (2) Boat rentals;

      (3) Gift shops;

      (4) Marine sales;

      (5) Snack bars; and

      (6) Camp stores.

(b) There is a Forest and Park Concession Account in the Department.

(c) The purpose of the Account is to finance:

  (1) The maintenance and operation of concession operations; and

  (2) The functions of State forests and parks.

(d) The Department shall administer the Account.

(e)

  (1) The Treasurer shall hold the Account separately and the Comptroller shall reconcile the Account.

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

(f) The Account consists of any money derived from concession operations in State forests and parks.

(g)

  (1) Except as provided in paragraph (2) of this subsection, the Account shall be used only for:

    (i) The maintenance and operation of concession operations;

    (ii) The function of State forests and parks to the extent of the projected balance of the Account from the prior fiscal year; and

    (iii) Administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

  (2)

    (i) 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:

      (1) 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

      (2) 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.

    (ii) For fiscal year 2015 only, the payments under subparagraph (i) of this paragraph may not be made.

    (iii) 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 Sec. 6.5-201 of the Tax - Property Article in the same fiscal year.

(h)

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

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

(i)

  (1) Expenditures from the Account may be made only in accordance with the State budget.

  (2) 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.

#### Section 5-213

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.

#### Section 5-214

(a) 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.

(b) 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.

(c) The Department may accept federal funds and may provide cost share funds to cooperative governments.

#### Section 5-215

(a) In this section, "Fund" means the Deep Creek Lake Recreation Maintenance and Management Fund.

(b) 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.

(c)

  (1) 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.

  (2) 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.

  (3)

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

    (ii) 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.

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

(d) 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.

(e)

  (1) 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.

  (2) Notice of the public hearing shall be published in two newspapers of general circulation in Garrett County at least 30 days before the hearing.

  (3) The notice shall include the proposed change in the fee and the reason for the fee.

(f)

  (1) A person may apply to the Department for a lake and buffer use permit.

  (2) 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.

#### Section 5-215.1

(a) The General Assembly declares that:

  (1) 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

  (2) A Deep Creek Lake recreation and land use plan will:

    (i) Protect the resources and natural value of the lake and surrounding land;

    (ii) Provide for the ongoing recreation, use, and enjoyment of these resources; and

    (iii) Fulfill vital conservation purposes by wise, sustainable use of these resources.

(b)

  (1) 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.

  (2) The plan shall:

    (i) 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

    (ii) 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.

(c) The Department may consult with the Department of the Environment and the Department of Commerce:

  (1) In preparing the Deep Creek Lake recreation and land use plan; and

  (2) On any other matter relating to Deep Creek Lake.

(d)

  (1) Subject to paragraph (2) of this subsection, the Secretary may adopt regulations relating to Deep Creek Lake that are  necessary to:

    (i) Protect the public health and safety, natural resources, and the environment; or

    (ii) Implement the Deep Creek Lake recreation and land use plan.

  (2) 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:

    (i) 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

    (ii) Any fee proposed under Sec. 5-215 of this subtitle.

#### Section 5-216

(a) There is a Deep Creek Lake Policy and Review Board.

(b)

  (1) The Board consists of:

    (i) Five members appointed by the Governor in accordance with paragraph (2) of this subsection;

    (ii) The Senator of the Maryland General Assembly who represents legislative district 1 or the Senator's designee;

    (iii) The Delegate of the Maryland General Assembly who represents delegate district 1A of legislative district 1 or the Delegate's designee;

    (iv) 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;

    (v) The president of the Deep Creek Lake property owner's association or the president's designee;

    (vi) The chairman of the Garrett County Chamber of Commerce or the chairman's designee; and

    (vii) The following nonvoting ex officio members:

      (1) The Secretary, or the Secretary's designee; and

      (2) The Secretary of the Environment, or the Secretary of the Environment's designee.

  (2) Of the five members appointed under paragraph (1)(i) of this subsection:

    (i) Two shall be residents of Garrett County;

    (ii) One shall be a representative of the Maryland Bass Federation and a resident of Maryland; and

    (iii) Two shall be members at large.

  (3)

    (i) 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.

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

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

  (4) 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.

(c) From among the members appointed under subsection (b)(1)(i) of this section, the Governor shall name a chairman of the Board.

(d)

  (1) A majority of the voting members then serving on the Board is a quorum.

  (2) A member of the Maryland General Assembly, or a designee of the member, shall abstain from voting on:

    (i) A proposed fee under Sec. 5-215(d) of this subtitle; or

    (ii) Any other regulation submitted to the Board under Sec. 5-215.1(d)(2) of this subtitle.

(e)

  (1) The Board shall meet at least four times a year.

  (2) The chairman shall determine the time and place of the meetings of the Board.

  (3) Each meeting shall be conducted in Garrett County.

(f)

  (1) A member of the Board:

    (i) May not receive compensation; but

    (ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

  (2) Expenses shall be paid from the Deep Creek Lake Recreation Maintenance and Management Fund.

(g)

  (1) 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.

  (2) 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.

  (3) 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.

#### Section 5-217

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.

#### Section 5-218

(a) In this section the following words have the meanings indicated:

  (1) "Corps" means the Maryland Conservation Corps.

  (2) "Youth" means a Maryland resident who is age 16 through 24.

(b) There is a Maryland Conservation Corps in the Department.

(c) 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:

  (1) Beneficial to the youth of the State because it provides them with educational and work opportunities; and

  (2) Beneficial to the State's economy and environment.

(d) The purpose of this section is to provide Maryland's youth with a work experience opportunity that will:

  (1) Further their understanding and appreciation of natural resources; and

  (2) Teach them basic and fundamental work ethics, including:

    (i) Discipline;

    (ii) Cooperation;

    (iii) The ability to live and work with others; and

    (iv) The value of a day's work.

(e) The Corps shall engage in projects for:

  (1) Conserving, improving, and developing natural resources; and

  (2) Enhancing, preserving, and maintaining environmentally important public lands and waters.

(f) 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:

  (1) The environmental and natural resource benefits the project offers;

  (2) The opportunity for public use the project offers; and

  (3) The on-the-job training value of the project.

(g) Youths participating in the Corps shall work in projects which do the following:

  (1) Preserve, maintain, and enhance environmentally important lands and waters;

  (2) Work on public works projects in urban and rural areas;

  (3) Conserve, maintain, improve, and develop natural resources in urban and rural areas;

  (4) Assist in emergency operations, such as natural disaster relief and the rescue of lost and injured individuals;

  (5) Assist in fire prevention and suppression;

  (6) Directly contribute to the conservation of energy;

  (7) Contribute toward making public facilities accessible to individuals with disabilities; and

  (8) 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.

(h)

  (1) The Department shall recruit and employ youths for the Corps through existing State service delivery systems.

  (2) The Department shall recruit youths for employment in the Corps without regard to their prior employment or educational background.

  (3) 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.

(i) Annual funding for the Corps will be from:

  (1) Appropriated funds; or

  (2) The Forest and Park Reserve Fund.

(j) The Department shall use any federal appropriations that:

  (1) May become available; and

  (2) Are designated for State employment programs in the field of natural resources conservation.

(k) The Department shall adopt rules and regulations to carry out the provisions of this section.

#### Section 5-219

(a)

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

  (2)

    (i) "Reforestation" means the stocking or restocking of an area with forest tree species.

    (ii) "Reforestation" includes:

      (1) Site preparation by mechanical operation, application of herbicides, or prescribed burning;

      (2) Tree planting;

      (3) Release of seedlings from competing vegetation;

      (4) Animal damage control of seedlings; and

      (5) Other activities that the Secretary requires.

    (iii) "Reforestation" does not include the growing of Christmas or ornamental trees.

  (3)

    (i) "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.

    (ii) "Timber stand improvement" includes:

      (1) Tree removal, girdling, poisoning, and pruning activities; and

      (2) Activities that improve forest health, including:

      (A) Efforts to control invasive species;

      (B) Creation or maintenance of forested riparian buffers;

      (C) Installation of water quality protection devices;

      (D) Reduction, removal, or other management of the residual materials generated during timber harvest;

      (E) Restoration of forest habitat affected by logging access roads and trails; and

      (F) Other habitat improvement or best management practices as determined by the Department.

(b) 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:

  (1) Capable of growing more than 20 cubic feet of wood per acre per year; and

  (2) Available for the application of scientific forest management practices for the primary purpose of growing and harvesting forest tree species.

(c) 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:

  (1) A successful planting of the required minimum number of seedlings with acceptable species; or

  (2) Timber stand improvement activities in accordance with a forest management plan developed by a licensed forester.

(d)

  (1) 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:

    (i) Seedlings are living without other vegetation growing around or over the seedling; or

    (ii) Successful timber stand improvements have been made in accordance with regulations of the Secretary.

  (2) 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.

(e) 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.

(f) The Department shall decertify land if:

  (1) Reforestation or timber stand improvement activity on the land is discontinued before issuance of a final certificate;

  (2) 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

  (3) The land does not continue to be used as commercial forest land for 15 years after final certification is issued.

(g) The Secretary shall:

  (1) Adopt regulations to carry out this section;

  (2) 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 Sec.Sec. 10-208 and 10-308 of the Tax - General Article; and

  (3) 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 Sec.Sec. 10-205 and 10-306 of the Tax - General Article.

#### Section 5-220

(a) In this section, "Fund" means the Park System Critical Maintenance Fund.

(b) There is a Park System Critical Maintenance Fund.

(c) 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.

(d) The Secretary shall administer the Fund.

(e)

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

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

(f) The Fund consists of:

  (1) Revenue distributed to the Fund under Sec. 13-209(g) of the Tax - Property Article;

  (2) Money appropriated in the State budget to the Fund;

  (3) Interest earnings; and

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

(g) The Fund may be used only for State park projects that address critical maintenance concerns on lands managed by the Department for public purposes.

(h)

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

  (2) Any interest earnings of the Fund shall be credited to the Fund.

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

(j) 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.

(k)

  (1) 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.

  (2) The Department shall expend the funds allocated under this subsection before July 1, 2029.

(l) Notwithstanding Sec. 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.

#### Section 5-221

(a)

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

  (2) "Fund" means the Park System Capital Improvements and Acquisition Fund.

  (3) "Maryland Recreation Communication Boards Pilot Program" means the Maryland Recreation Communication Boards Pilot Program established under Sec. 5-2B-03 of this title.

(b) There is a Park System Capital Improvements and Acquisition Fund.

(c) The purpose of the Fund is to provide funding for:

  (1) Completing State projects related to capital improvements on lands managed by the Department for public purposes;

  (2) Acquiring land to be managed by the Department for public purposes; and

  (3) The Maryland Recreation Communication Boards Pilot Program in accordance with subsection (n)(4) of this section.

(d) The Secretary shall administer the Fund.

(e)

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

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

(f) The Fund consists of:

  (1) Money appropriated in the State budget to the Fund;

  (2) Interest earnings; and

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

(g) The Fund may be used only for:

  (1) Completing State projects related to capital improvements on lands managed by the Department for public purposes;

  (2) Acquiring land to be managed by the Department for public purposes; and

  (3) Covering the costs of purchasing and installing a communication board under the Maryland Recreation Communication Boards Pilot Program.

(h)

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

  (2) Any interest earnings of the Fund shall be credited to the Fund.

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

(j) Money expended from the Fund for capital improvements for State projects on lands managed by the Department for public purposes is:

  (1) 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

  (2) Intended to:

    (i) Expand public access on lands managed by the Department; and

    (ii) Alleviate overcapacity within the State park system.

(k) 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.

(l) The first $70,000,000 received by the Fund may be used only as follows:

  (1) At least $5,000,000 for infrastructure projects that mitigate the effects of climate change, including:

    (i) Flood barriers;

    (ii) Forest buffers;

    (iii) Green spaces;

    (iv) Building elevation;

    (v) Stormwater infrastructure;

    (vi) Wetlands restoration; and

    (vii) Addressing environmental justice concerns;

  (2) At least $5,000,000 for historic preservation, in accordance with subsection (m) of this section;

  (3) At least $20,000,000 for transportation improvements, including:

    (i) Improving bike lanes and trails, increasing walkability, and expanding parking availability; and

    (ii) Targeting transportation investments to avoid capacity shutdowns;

  (4) At least $10,000,000 for increasing water access, including kayak and boat launches and areas for picnicking near water and swimming; and

  (5) Up to $30,000,000 for land acquisition, including:

    (i) Areas in the central and southern regions of the State that will:

      (1) Relieve overcrowding at existing State parks; and

      (2) Expand public access to State parks and outdoor recreation;

    (ii) Sites of significance to the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State; and

    (iii) Beachfront or waterfront property for public access.

(m) 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:

  (1) Project management;

  (2) Historic rehabilitation;

  (3) Property development; or

  (4) Public service corps management.

(n) 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:

  (1) Land activation;

  (2) New structures;

  (3) Any capital improvements necessary to make State parks accessible to people with disabilities, including providing adult changing tables; and

  (4) Up to $100,000 for the Maryland Recreation Communication Boards Pilot Program.

#### Section 5-222

(a) In this section, "Fund" means the Great Maryland Outdoors Fund.

(b) There is a Great Maryland Outdoors Fund in the Department.

(c) The purpose of the Fund is to:

  (1) Support the Office of Outdoor Recreation in the Department;

  (2) Provide resources to improve existing and create new outdoor recreation and outdoor environmental education opportunities;

  (3) Implement the recommendations of the Maryland Outdoor Recreation Economic Commission to promote and grow the outdoor recreation sector in the State; and

  (4) Promote and grow outdoor environmental education in the State.

(d) The Department shall administer the Fund.

(e)

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

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

(f) The Fund consists of:

  (1) Money appropriated in the State budget to the Fund in accordance with subsection (j) of this section;

  (2) Interest earnings of the Fund; and

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

(g) The Fund may be used only for:

  (1) Implementing the recommendations of the Maryland Outdoor Recreation Economic Commission;

  (2) Department projects and programs that provide, promote, and enhance outdoor recreation or outdoor environmental education opportunities in the State; and

  (3) Awarding grants to destination marketing organizations for the purpose of promoting and marketing State parks.

(h)

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

  (2) Any interest or investment earnings of the Fund shall be credited to the Fund.

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

(j) 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.

(k) 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.

---

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