# Natural Resources (GNR)

## Title 8. Waters

### Subtitle 1. In General

#### Section 8-101

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

(b) "County" includes Baltimore City unless otherwise indicated.

(c) "Department" means Department of Natural Resources.

(d) "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 other entity.

(e)

  (1) "Pollution" means every contamination or other alteration of the physical, chemical, or biological properties, of any waters of the State.

  (2) "Pollution" includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds, fish, or other aquatic life.

(f) "Secretary" means the Secretary of the Department of Natural Resources.

(g) "Waters of the State" includes:

  (1) Both surface and underground waters within the boundaries of the State subject to its jurisdiction;

  (2) That portion of the Atlantic Ocean within the boundaries of the State;

  (3) The Chesapeake Bay and its tributaries;

  (4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

  (5) The floodplain of free-flowing waters determined by the Department of the Environment on the basis of the 100-year flood frequency.

### Subtitle 2. Conservation and Management of State Waters -- in General

#### Section 8-202

(a) The Department shall be responsible for planning, development, management, and conservation of the Chesapeake Bay and any other tidal waters, including their shoreline and bottom, and any resources associated with these waters. Also, the Department may:

  (1) Plan and develop public recreational facilities in or on the waters of the Chesapeake Bay and other tidal waters;

  (2) Assist other State units to plan public recreational facilities for the Chesapeake Bay and other tidal waters;

  (3) Cooperate with other units to carry out measures to protect tidal water fronts and waterways of the State against erosion and deposit; and

  (4) Act for the State to develop further navigation aids and improvement of waterways in the Chesapeake Bay and other tidal water areas of the State.

(b) The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department's authority under this subsection is subject to the provisions of the Code relating to budget and procurement.

(c) In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.

#### Section 8-203

The Secretary shall take every necessary step to enact appropriate intergovernmental agreements with other states to preserve the optimal state of the Chesapeake Bay through organization of an interstate body to plan, manage, coordinate, and enforce the proper use of the Chesapeake Bay, so every user of the Bay area can obtain maximum advantage of the Bay.

#### Section 8-203.1

The Secretary:

(1) Using eligible funding sources, may purchase environmental outcomes, as defined in Sec. 8-2A-01 of this title, that provide for cost-effective long-term or permanent green or blue infrastructure projects that:

  (i) Improve the water quality of Maryland's portion of the Chesapeake Bay; and

  (ii) Are located in the Susquehanna River watershed; and

(2) Shall consult with the secretary of the environmental agency of the state in which the project is located to ensure that:

  (i) The state supports the project; and

  (ii) For the purchased environmental outcomes, there is mutual agreement as to the allocation of credits to the Chesapeake Bay total maximum daily load's watershed implementation plans.

#### Section 8-204

(a) The Department is the unit of State government that coordinates public access to the Chesapeake Bay and its tributaries.

(b) The Department shall:

  (1) Identify and designate areas for public access to the waters of the State in each county that is located on the tidal waters of the State;

  (2) Coordinate with local and State agencies responsible for planning, purchasing, developing, and maintaining access areas;

  (3) Make recommendations to guide public agencies in the identification, development, and management of access areas; and

  (4) Serve as a repository for all information and inventories concerning shorefront access.

(c)

  (1) This section may not be construed to expand the authority that the Department has on July 1, 1988, to require or promote condemnation of real property along the Big Blackwater River and the Little Blackwater River.

  (2) The State may not acquire by eminent domain real property along the Big Blackwater River or the Little Blackwater River without first proving that the acquisition is necessary to preserve the natural qualities and unpolluted state of the Big Blackwater River and the Little Blackwater River.

#### Section 8-205

(a) In this section, "Fund" means the State Lakes Protection and Restoration Fund.

(b) There is a State Lakes Protection and Restoration Fund.

(c) The purpose of the Fund is to protect and restore State-owned lakes.

(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; and

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

(g) The Fund may be used only for the protection or restoration of State-owned lakes.

(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 the protection or restoration of State-owned lakes is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the protection or restoration of State-owned lakes.

#### Section 8-206

(a) The Department shall develop a working budget for the funds received from the State Lakes Protection and Restoration Fund established under Sec. 8-205 of this subtitle.

(b) The Department shall develop, in coordination with local governments, organizations, and citizens, an annual work plan that prioritizes and details projects that will receive funding from the State Lakes Protection and Restoration Fund.

#### Section 8-207

The Department may not prohibit or limit, through any contract, easement, or agreement, a participant in a program administered by the Department from participating in and receiving compensation from greenhouse gas markets, carbon credits, or soil carbon programs, if the purpose of the compensation is to achieve additional environmental outcomes that are consistent with the State's Chesapeake Bay conservation goals. 

### Subtitle 2A. Chesapeake and Atlantic Coastal Bays 2010 Trust Fund

#### Section 8-2A-01

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

(b) "Aggregator" means a person that facilitates or coordinates the establishment of practices or projects that:

  (1) Are implemented by the person or by others;

  (2) Produce a quantifiable environmental outcome;

  (3) Are registered by the person; and

  (4) Are made available for purchase by the State.

(c) "BayStat Program" means the program established under Sec. 8-2A-03 of this subtitle.

(d) "Environmental outcome" means a commodity that is modeled or directly measured as a single, quantifiable, and certified unit of improvement to the environment, including a nutrient or carbon benefit.

(e) "Evaluator" means a person other than an aggregator that determines whether environmental outcomes have been achieved based on defined performance measures.

(f)

  (1) "Nonpoint source pollution control project" means a project to improve water quality by a reduction of nitrogen, phosphorus, or sediment pollution.

  (2) "Nonpoint source pollution control project" includes:

    (i) An agricultural best management implementation practice, including cover crops, riparian forested buffer, manure processing, grassed waterways, animal waste storage structures, and livestock fencing;

    (ii) An urban or suburban stormwater practice;

    (iii) A sustainable forest management practice, including a forest stewardship plan or a nonornamental urban and suburban tree planting project;

    (iv) Stream and wetland restoration;

    (v) Riparian buffer planting;

    (vi) A project that demonstrates the effectiveness of an innovative nonpoint source pollution reduction measure provided that the measure is capable of integration into existing nonpoint source pollution programs;

    (vii) Technical assistance necessary to implement a nonpoint source pollution control project;

    (viii) Improvement of a municipal park located on or adjacent to a waterway, provided that the improvement is limited to state-of-the-art and sustainable nonpoint source pollution control measures that demonstrably improve water quality by reducing nitrogen, phosphorus, and sediment pollution; and

    (ix) Strategic monitoring of water quality improvements from nonpoint source pollution control projects that have been funded, in whole or in part, with grants from the Trust Fund.

(g) "Quantification plan" means a plan in which an aggregator describes:

  (1) The method that will be used to measure or model environmental outcomes and co-benefits;

  (2) The compliance monitoring that will occur to ensure that the proposed actions are taken and maintained over the life of the project;

  (3) Verification steps that will be carried out by the State or an evaluator to confirm model results or accurate measurement of environmental outcomes; and

  (4) The timeline for proposed payments under a contract with the State.

(h) "Trust Fund" means the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.

(i) "Watershed implementation plan" means a plan to achieve the nutrient and sediment limits required under the Chesapeake Bay total maximum daily load.

#### Section 8-2A-02

(a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.

(b) The purpose of the Trust Fund is to provide financial assistance necessary to advance Maryland's progress in meeting the goals established in the 2014 Chesapeake Bay Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and their tributaries, by focusing limited financial resources on nonpoint source pollution control projects in all regions of the State.

(c) The Secretary shall administer the Trust Fund.

(d)

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

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

(e) The Trust Fund consists of:

  (1) Money appropriated in the State budget for the Trust Fund;

  (2) Money distributed to the Trust Fund under Sec.Sec. 2-1104 and 2-1302.1 of the Tax - General Article; and

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

(f)

  (1) The Trust Fund may be used only for the implementation of nonpoint source pollution control projects to:

    (i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and

    (ii) Improve the health of the Atlantic Coastal Bays and their tributaries.

  (2) It is the intent of the General Assembly that, when possible, money in the Trust Fund shall be granted to local governments and other political subdivisions for agricultural, forestry, stream and wetland restoration, and urban and suburban stormwater nonpoint source pollution control projects, including up to 25% in matching funds to local governments and other political subdivisions that have enacted a stormwater remediation fee under Sec. 4-202.1 of the Environment Article.

  (3)

    (i) In each fiscal year from 2023 through 2031, inclusive, $1,250,000 from the Trust Fund shall be used to fund:

      (1) The 5 Million Tree Program Coordinator position in the Department of the Environment; and

      (2) Subject to subparagraph (ii) of this paragraph, 13 contractor positions in the Forest Service of the Department to provide technical assistance, planning, and coordination related to tree plantings, tree buffer management, and forest management, including invasive vine removal, on public, private, and agricultural lands and in "underserved areas" as defined in Sec. 8-1911 of this title.

    (ii) The Department shall make reasonable efforts to ensure that contractors hired under subparagraph (i)2 of this paragraph reflect the geographic and demographic diversity of the State.

  (4)

    (i) In each fiscal year from 2024 through 2031, inclusive, $2,500,000 from the Trust Fund shall be used, subject to the requirements of subparagraph (ii) of this paragraph, for tree plantings on public and private land.

    (ii) The money appropriated under this paragraph:

      (1) May be distributed in accordance with Sec. 8-2A-04(c)(2) of this subtitle;

      (2) May be used to cover the costs of:

      (A) Site preparation, labor, and materials for tree-planting projects;

      (B) Maintaining trees following a tree-planting project; and

      (C) Landowner incentive payments or signing bonuses of up to $1,000 per acre of trees planted;

      (3) May not be used to plant trees intended for timber harvest; and

      (4) May be used only for tree plantings on private land if the landowner enters into a binding legal agreement to maintain the planted area in tree cover for at least 15 years.

    (iii) Money appropriated under this paragraph is supplemental to and may not take the place of funding that otherwise would be appropriated for tree plantings on public and private land.

  (5) In each fiscal year from 2026 through 2030, inclusive, up to $100,000 from the Trust Fund shall be used to fund the operations grants under Sec. 8-2B-02(g)(3) of this title at a rate of $20,000 per project sponsor each fiscal year.

  (6) Notwithstanding any other provision of law, the Governor may include in the annual budget bill an appropriation of up to $10,500,000 from the Trust Fund to support operating expenses of the Department.

(g)

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

  (2) Any investment earnings of the Trust Fund shall be retained to the credit of the Trust Fund.

(h) Money expended from the Trust Fund for the restoration of the Chesapeake and Atlantic Coastal Bays and their tributaries, including the Patuxent River, is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for bay restoration.

#### Section 8-2A-03

(a)

  (1) There is a BayStat Program to:

    (i) Measure and evaluate efforts to restore the Chesapeake and Atlantic Coastal Bays; and

    (ii) Administer the Trust Fund.

  (2) The BayStat Subcabinet shall oversee the administration of the BayStat Program.

  (3) The BayStat Subcabinet is composed of:

    (i) The Secretary of Natural Resources;

    (ii) The Secretary of the Environment;

    (iii) The Secretary of Planning;

    (iv) The Secretary of Agriculture;

    (v) The President of the University of Maryland Center for Environmental Science;

    (vi) The Dean of the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus; and

    (vii) The chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(b) The BayStat Program shall:

  (1) Provide accurate and timely data to policymakers and the public about the efficacy and cost-effectiveness of local, State, and federal programs to restore the Chesapeake and Atlantic Coastal Bays;

  (2) Track and assess the progress of State and federal programs to improve the health of the Chesapeake and Atlantic Coastal Bays;

  (3) Assess the effectiveness of enforcement programs in curbing pollution and achieving Chesapeake and Atlantic Coastal Bays restoration goals and institute actions to improve the effectiveness of enforcement programs;

  (4) Adopt measurable goals for Chesapeake and Atlantic Coastal Bays restoration;

  (5) Identify new threats to the health of the Chesapeake and Atlantic Coastal Bays;

  (6) Increase public awareness of, and participation in, efforts to restore the vitality of the Chesapeake and Atlantic Coastal Bays; and

  (7) Direct the administration of the Trust Fund.

(c) The BayStat Subcabinet shall:

  (1) Report annually to the public regarding:

    (i) The health of the Chesapeake Bay tributary basin;

    (ii) The health of the Atlantic Coastal Bays and their tributaries;

    (iii) The status of local, State, and federal programs to restore the Chesapeake and Atlantic Coastal Bays; and

    (iv) Estimated nutrient reductions achieved through projects financed by the Trust Fund; and

  (2)

    (i) Develop an annual work plan that identifies the planned work to be funded with money from the Trust Fund for the next fiscal year, including annual nutrient and sediment reduction targets, performance measures, and accountability criteria; and

    (ii) Develop an annual expenditure plan that identifies planned expenditures for the work plan and includes an accounting of all money distributed from the Trust Fund in the previous fiscal year.

(d) The Governor shall submit the annual work and expenditure plans to the General Assembly as part of the annual budget submission.

(e)

  (1) On an annual basis the BayStat Subcabinet shall prepare a final work and expenditure plan based on the budget approved by the General Assembly.

  (2) Beginning with the plan prepared for fiscal year 2024, the plan shall be informed by the analysis carried out by the BayStat Program Scientific Advisory Panel under Sec. 8-2A-04(g)(4)(vii) of this subtitle.

#### Section 8-2A-04

(a) The BayStat Program shall direct the administration of the Trust Fund in accordance with this section.

(b)

  (1) The BayStat Program shall implement nonpoint source pollution reduction measures to:

    (i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and

    (ii) Improve the health of the Atlantic Coastal Bays and their tributaries by targeting funds, geographically and by practice, to proven, scientifically based projects that provide the most cost-effective and measurable water quality benefits to the Atlantic Coastal Bays and their tributaries.

  (2) To the maximum extent practicable, the BayStat Program shall distribute the Trust Fund money on a competitive basis.

(c)

  (1) The BayStat Program shall distribute funds from the Trust Fund to the BayStat Subcabinet agencies in accordance with the final work and expenditure plans.

  (2) The BayStat Subcabinet agencies shall administer the funds in accordance with the final work and expenditure plans, including the distribution of funds:

    (i) Through grants to:

      (1) Counties;

      (2) Bicounty agencies;

      (3) Municipalities;

      (4) Forest conservancy district boards;

      (5) Soil conservation districts;

      (6) Academic institutions; and

      (7) Nonprofit organizations having a demonstrated ability to implement nonpoint source pollution control projects;

    (ii) To the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund established under Sec. 9-1605.3 of the Environment Article;

    (iii) To the Maryland Agricultural Cost-Share Program established under Title 8, Subtitle 7 of the Agriculture Article for nonpoint source pollution control projects;

    (iv) To the Green Shores Program established under Sec. 5-429 of this article;

    (v) To the Mel Noland Woodland Incentives Fund established under Sec. 5-307 of this article; and

    (vi) Subject to paragraph (4) of this subsection, through the procurement of nutrient- or sediment-related environmental outcomes under a pay-for-success contract or any other procurement method authorized under Division II of the State Finance and Procurement Article.

  (3) The BayStat Program shall:

    (i) Develop solicitations, guidelines, and applications for Trust Fund grants and contracts that shall include consideration of the extent to which a proposed project, both geographically and by practice, will deliver the greatest, most cost-effective, and measurable nonpoint source pollution reduction per Trust Fund dollar; and

    (ii) In evaluating Trust Fund applications, encourage and consider:

      (1) Multi-year, multi-partner proposals, local match or cost-share agreements, or similar actions proposed by an applicant;

      (2) Projects that, in addition to providing cost-effective and measurable nonpoint source pollution reductions, provide co-benefits including:

      (A) The restoration of aquatic resources, such as seagrass beds or oyster reefs;

      (B) Climate resilience;

      (C) Carbon sequestration;

      (D) Creation of wildlife habitat;

      (E) Local employment opportunities;

      (F) The improvement or provision of recreational opportunities; or

      (G) Environmental justice benefits; and

      (3) Subject to paragraph (5) of this subsection, multi-year agreements whereby an aggregator proposes to:

      (A) Combine funding from the Trust Fund with revolving loan funds authorized under Sec.Sec. 9-1605 and 9-1605.1 of the Environment Article, Federal Emergency Management Agency hazard mitigation support, or private sources of funding; and

      (B) Use the combined sources to fund and administer the implementation of multiple projects or pay for environmental outcomes from multiple completed projects.

  (4)

    (i) Funds from the Trust Fund may not be used to procure environmental outcomes achieved before January 1, 2021.

    (ii) Payment under a pay-for-success contract may be made only after an evaluator has certified to the contracting agency that the environmental outcomes have been measured or modeled consistent with an approved quantification plan.

  (5) A BayStat Subcabinet agency may use funding from the Trust Fund for a multi-year agreement specified under paragraph (3)(ii)3 of this subsection only if the agency determines that the agreement will:

    (i) Provide cost-effective nutrient and sediment reductions in a manner consistent with the cost-effectiveness of other projects supported through the Trust Fund;

    (ii) Deliver benefits consistent with those required by revolving loan funds authorized under Sec.Sec. 9-1605 and 9-1605.2 of the Environment Article;

    (iii) Require not more than 20% of total resources in the Trust Fund; and

    (iv) Deliver co-benefits as described in paragraph (3)(ii)2 of this subsection.

(d) Any grant or contract agreement regarding funds from the Trust Fund shall:

  (1) Specify the use of the funds provided under the grant, accountability measures, and performance requirements;

  (2) Take into account the need for efficient, multi-year funding and administration; and

  (3) Include provisions for verification that practices are being implemented.

(e)

  (1) A recipient of funds from the Trust Fund in any fiscal year shall submit an annual report to the BayStat Program by November 1 of the next fiscal year.

  (2) The report required under paragraph (1) of this subsection shall include:

    (i) For agencies receiving money from the Trust Fund:

      (1) A description of how the funds were allocated, including:

      (A) The number and amounts of grant awards; and

      (B) Direct expenditures by the agency;

      (2) How funding was leveraged; and

      (3) Estimated or calculated nutrient reductions associated with Trust Fund expenditures.

    (ii) For recipients of competitive grants or pay-for-success contracts from the Trust Fund, a description of funded projects, including:

      (1) Project location;

      (2) Description of practices implemented;

      (3) Timeframes for project completion;

      (4) Estimated or calculated nutrient reductions; and

      (5) Provisions for long-term maintenance of practices.

(f) Funds from the Trust Fund may not be used to enable an individual cited for noncompliance with a nonpoint source pollution control law or regulation to achieve compliance.

(g)

  (1) There is a BayStat Program Scientific Advisory Panel.

  (2) The Governor shall appoint the chair and members of the BayStat Program Scientific Advisory Panel.

  (3) The BayStat Program Scientific Advisory Panel shall include scientists and other technical experts with demonstrated expertise in the disciplines related to protection and restoration of the Chesapeake and Atlantic Coastal Bays.

  (4) The BayStat Program Scientific Advisory Panel shall:

    (i) On or before August 1, annually provide recommendations to the BayStat Subcabinet on the use of funds of the Trust Fund for the following fiscal year;

    (ii) Monitor the distribution of funds from the Trust Fund;

    (iii) Review the categories of grants and contracts made in the previous year to assess nutrient loading reduction estimates and cost efficiencies and the effectiveness of any innovative nonpoint source pollution reduction measure;

    (iv) Review the proposed annual work plan and advise the BayStat Subcabinet of any recommended changes;

    (v) On request by the BayStat Subcabinet, review individual funding applications;

    (vi) Annually review any Trust Fund money that is not distributed on a competitive basis to assess whether that money may be distributed on a competitive basis; and

    (vii) On or before January 31, 2023:

      (1) Analyze and compare the fund distributions through the competitive program and by each BayStat Subcabinet agency for fiscal years 2012 through 2023 and the strategies supported by those distributions;

      (2) Quantify the relative effectiveness of each distribution and strategy per dollar of State funding; and

      (3) Report to the BayStat Subcabinet, the Governor, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the results of the analyses required under items 1 and 2 of this item.

(h) The BayStat Subcabinet agencies may:

  (1) Distribute to an administrative cost account the amount that is necessary to administer grant programs, not to exceed 1.5% of the allocations to the BayStat Subcabinet agencies; and

  (2) Maintain an amount, not to exceed 2% of the total in competitive grants and contracts administered by the BayStat Subcabinet agencies, for the purpose of meeting additional project needs, including:

    (i) The adaptive management, maintenance, or catastrophe-induced repair needs of projects funded by the grants or contracts; and

    (ii) Paying for quantified and verified water quality-related environmental outcomes that exceed the quantity of environmental outcomes anticipated under particular grants or contracts.

#### Section 8-2A-05

(a) As part of the Department's Chesapeake Bay Mainstem and Tidal Water Quality Monitoring Program, the Department shall conduct long-term sample collection in tributaries located on the lower Eastern Shore.

(b) At a minimum, the Department shall regularly collect samples from each of the following locations:

  (1) Stations TRQ0088 and TRQ0146, located in the Transquaking River;

  (2) Station CCM0069, located in the Chicamacomico River;

  (3) Station XDJ9007, located in the Nanticoke River;

  (4) Station XCI4078, located in the Wicomico River;

  (5) Stations BXK0031 and MNK0146, located in the Manokin River; and

  (6) Stations POK0087 and XAK7810, located in the Pocomoke River.

(c) To the extent practicable, water quality monitoring carried out under this section shall be done in locations where water quality monitoring was conducted prior to December 1, 2013, in order to allow the Department and the public to assess long-term water quality trends.

### Subtitle 2B. Whole Watershed Restoration Partnership and Fund

#### Section 8-2B-01

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

(b)

  (1) "Action" means the installation, restoration, or enhancement of:

    (i) A natural feature;

    (ii) An activity related to the form and function of a natural feature; or

    (iii) Land conservation measures.

  (2) "Action" includes the planning, design, engineering, drafting of legal instruments, and maintenance necessary to establish a natural feature, an activity related to the form and function of a natural feature, or land conservation measures.

(c) "Fund" means the Whole Watershed Fund.

(d) "Overburdened community" has the meaning stated in Sec. 1-701 of the Environment Article.

(e) "Partnership" means the Whole Watershed Restoration Partnership.

(f) "Project" means a collection of restoration and conservation actions coordinated by multiple entities to improve shallow water habitat.

(g) "Project sponsor" means the entity responsible for administering a project, including accounting for funds, coordinating partners and actions, and reporting outcomes.

(h)

  (1) "Shallow water habitat" means the portion of the Chesapeake and Atlantic Coastal Bays and their tributaries for which the State has adopted water quality criteria to support submerged aquatic vegetation.

  (2) "Shallow water habitat" includes the Susquehanna River and its tributaries within the State.

(i) "State management team" means the representatives designated to administer the Partnership.

(j) "Underserved community" has the meaning stated in Sec. 1-701 of the Environment Article.

#### Section 8-2B-02

(a) There is a Whole Watershed Restoration Partnership.

(b) The purpose of the Partnership is to accelerate restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds by equitably focusing assistance on actions and areas that are:

  (1) Cost-effective;

  (2) Likely to demonstrate a rapid systemic response to restoration activity, including rapid de-listing of impaired streams identified under Sec. 303(d) of the federal Clean Water Act; and

  (3) Supported by the local government.

(c)

  (1) The Secretary shall establish a State management team to administer the Partnership.

  (2) The State management team shall include:

    (i) One representative of the Department, designated by the Secretary;

    (ii) One representative of the Department of the Environment, designated by the Secretary of the Environment;

    (iii) One representative of the Department of Agriculture, designated by the Secretary of Agriculture;

    (iv) One representative of the Department of Planning, designated by the Secretary of Planning;

    (v) One representative of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, designated by the chair of the Commission; and

    (vi) The Chief Resilience Officer, or the Chief Resilience Officer's designee.

  (3) The representative of the Department shall chair the State management team.

  (4) The State management team shall coordinate with other entities, including the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, as necessary to carry out its functions and duties under this subtitle.

(d)

  (1) The Partnership shall employ staff in accordance with the State budget.

  (2) State agencies may provide staff or other assistance to the Partnership.

(e) On or before October 1, 2024, and every 5 years thereafter, the State management team shall issue a request for proposals for projects that:

  (1) Occur within a single Maryland 8-Digit Watershed as identified in the statewide digital watershed file maintained by the Department of Information Technology;

  (2) Include a strategy describing the partners, actions, and benefits that the project will incorporate over a 5-year period;

  (3) Provide at least five of the benefits specified under subsection (f)(2)(viii) of this section; and

  (4) Are endorsed by each county and municipal corporation in which the project will occur.

(f)

  (1) Subject to paragraph (3) of this subsection, on or before March 1, 2025, and every 5 years thereafter, the State management team may approve up to five projects to receive assistance under this section.

  (2) The State management team shall evaluate a proposed project based on whether the proposed project:

    (i) Is located in a watershed in which habitat restoration and pollution reduction will:

      (1) Result in the greatest improvements to shallow water habitat and living resources;

      (2) Achieve rapid de-listing of impaired streams identified under Sec. 303(d) of the federal Clean Water Act and published in the Department of the Environment's Triennial Review of Water Quality Standards; or

      (3) Generate rapidly improving conditions in the local ecosystem;

    (ii) Emphasizes actions that are expected to provide the greatest, most cost-effective, and measurable amount of pollution reduction;

    (iii) Supports land use policies, conservation programs, and restoration protocols at the local level that will sustain project actions and outcomes;

    (iv) Has documented interest from a group of affected property owners to allow restoration or conservation actions on their property;

    (v) Minimizes the loss of trees and other natural habitats;

    (vi) Demonstrates opportunities to implement actions that reduce environmental disparities experienced by overburdened or underserved communities;

    (vii) Demonstrates opportunities to foster innovation in restoration science or practices;

    (viii) In addition to land-based habitat restoration and water quality improvement, anticipates benefits related to:

      (1) The creation or restoration of wildlife habitat, riparian buffers, and wetland restoration;

      (2) The restoration of aquatic resources, such as freshwater mussels, fish passage, or oyster reefs;

      (3) Carbon sequestration;

      (4) Climate change mitigation, adaptation, or resilience;

      (5) Local employment opportunities;

      (6) Improving and protecting public health; and

      (7) Recreational opportunities and public access to waterways and natural habitats; and

    (ix) Creates partnership opportunities among nonprofit and for-profit organizations, community organizations, all levels of government, and scientists.

  (3) The State management team shall:

    (i) Work to ensure that the projects approved include:

      (1) One project located in a predominantly urban area;

      (2) One project located in a predominantly suburban area;

      (3) Two projects primarily focused on reducing pollution in a predominantly agricultural area; and

      (4) One project that incorporates collaborative efforts with an adjoining state; and

    (ii) Ensure that at least two approved projects are located in and provide benefits to an overburdened or underserved community.

  (4) The State management team may require siting, design, construction, maintenance, and operation principles and standards for a project that are in addition to those required by law or regulation if the team determines that those principles and standards are necessary to preserve the benefits of the project.

(g)

  (1) As soon as possible after approving a project under this section, the State management team and the project sponsor shall meet to develop a plan for permitting the project, including identifying all:

    (i) Required State and federal permits;

    (ii) Supporting documentation that must be submitted with each permit application;

    (iii) Time frames for submitting the permits and supporting documentation; and

    (iv) Points of contact within each relevant agency for each of the permits.

  (2) To expedite the permitting process to the extent allowed by State and federal law, the State management team and project sponsor shall:

    (i) Invite all relevant State and federal agencies, including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the National Marine Fisheries Service, to the meeting required under paragraph (1) of this subsection; and

    (ii) Coordinate with each agency to develop the plan for permitting the project, including time frames and requirements for each application.

(h) For a period of 5 years after approving a project, the State management team shall:

  (1) Assist the project sponsor in developing an implementation and financing plan, including measurable outcomes, for the duration of the project;

  (2) Award implementation grants from the Fund and other appropriate State funds and accounts:

    (i) For up to 50% of project costs;

    (ii) In accordance with the implementation and financing plan developed under item (1) of this subsection; and

    (iii) With consideration given to the progress of the project as documented in the report required under subsection (j)(2) of this section;

  (3) Award operations grants to the project sponsor for project administration costs in accordance with Sec. 8-2A-02(f)(5) of this title;

  (4) Provide for coordinated and transparent State permitting to the extent allowed by State and federal law, including the use of the permit tracking dashboard established by the Secretary under subsection (l) of this section;

  (5) Provide funding to the project sponsor to support water quality monitoring at the project site; and

  (6) Meet with the project sponsor and participating local governments at least six times each calendar year to review and facilitate progress on the project.

(i) A project sponsor shall provide opportunities for community engagement for the duration of the project by including:

  (1) At least four community meetings that include representation from each local government endorsing the project; and

  (2) An opportunity for public comment on the preliminary design of each major or large-scale action proposed by the project.

(j)

  (1) A project sponsor shall identify appropriate metrics to track progress on meeting the outcomes identified in the project's implementation and financing plan.

  (2)

    (i) A project sponsor shall report on the progress of the project at the intervals and in the format required by the State management team.

    (ii) A report under this paragraph shall include information on:

      (1) Community engagement efforts;

      (2) Restoration and conservation actions initiated and completed;

      (3) Trees affected and trees at immediate or future risk of impact due to restoration actions;

      (4) Funding from all sources that was solicited, awarded, or spent; and

      (5) The progress made toward meeting the outcomes identified in the project's implementation and financing plan, including the metrics used for tracking progress under paragraph (1) of this subsection.

  (3) The State management team may require a project sponsor to perform and report on water quality monitoring for more than 5 years.

(k) On or before November 1, 2025, and each November 1 thereafter, the State management team shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the status of each approved project.

(l)

  (1) The Secretary shall establish a permit tracking dashboard that provides:

    (i) Publicly available information on the permit schedules and requirements for actions that require a State or federal permit; and

    (ii) The plan required under subsection (g) of this section redacted to protect any confidential information.

  (2) A project sponsor shall provide quarterly updates to the State management team with the information necessary for the permit tracking dashboard, including the status of all required State and federal permits.

  (3) The permit tracking dashboard shall be made available to the public on the Department's website.

#### Section 8-2B-03

(a) There is a Whole Watershed Fund.

(b) The purpose of the Fund is to fund projects approved by the State management team under Sec. 8-2B-02 of this subtitle.

(c) The Secretary shall administer the Fund.

(d)

  (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.

(e) The Fund consists of:

  (1) Revenue distributed to the Fund from:

    (i) The Chesapeake and Atlantic Coastal Bays 2010 Trust Fund established under Sec. 8-2A-02 of this title;

    (ii) The Bay Restoration Fund established under Sec. 9-1605.2 of the Environment Article;

    (iii) The Clean Water Commerce Account established under Sec. 9-1605.4 of the Environment Article;

    (iv) The Maryland Agricultural Land Preservation Fund established under Sec. 2-505 of the Agriculture Article;

    (v) The cost-sharing program established under Sec. 8-702 of the Agriculture Article; and

    (vi) The Waterway Improvement Fund established under Sec. 8-707 of this title;

  (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.

(f)

  (1) The Fund may be used only to support actions associated with a project approved by the State management team under Sec. 8-2B-02 of this subtitle, including:

    (i) To satisfy match requirements of any federal source; or

    (ii) Matching with county, municipal, or private funds or in-kind support for a project.

  (2) Except as provided in paragraph (3) of this subsection, money transferred to the Fund under subsection (e)(1) of this section shall be subject to the conditions specified in the originating fund or account.

  (3) Notwithstanding any other provision of law, a portion of funds for an action may be provided as an advance payment at the beginning of each fiscal year.

  (4) Any remaining funds not used to support an action in accordance with paragraph (1) of this subsection shall be available for use consistent with this section in subsequent fiscal years.

(g)

  (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.

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

(i) Money expended from the Fund for projects approved by the Partnership is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Partnership.

(j) A contract entered into by the Department under this section shall:

  (1) Be consistent with the implementation and financing plan developed under Sec. 8-2B-02(g) of this subtitle;

  (2) For an action involving stream restoration, require the use of a stream restoration contractor licensed under Title 18 of the Environment Article; and

  (3) Require that funds provided from the Fund be returned if the action is not completed in accordance with the implementation and financing plan.

(k)

  (1) Subject to paragraph (2) of this subsection, an action that is partially financed with another source of State funds may be funded under this section.

  (2) Funding provided to an action under this subsection shall be prorated to cover only the portion of the action not funded by another State source.

### Subtitle 3. Interstate Compacts and Agreements

#### Section 8-301

Chesapeake Bay Commission Agreement

Article I

Membership and Organization

Section 101. The Chesapeake Bay Commission, hereinafter designated as "Commission", is hereby created.

Section 102. The Commission shall consist of 21 members, 7 from Virginia, 7 from Maryland, and 7 from Pennsylvania. In each state, 5 of the members shall be members of the General Assembly. In Maryland, 2 senators designated by the President of the Senate and 3 delegates designated by the Speaker of the House shall serve as members. The Governor of Maryland or his designee shall serve as a member. In addition, the President of the Senate and the Speaker of the House of Delegates shall jointly select one Maryland member who is not a legislator or an employee of the Executive Branch. In Virginia, 2 senators designated by the Committee on Privileges and Elections and 3 delegates designated by the Speaker of the House of Delegates shall serve as members. The Governor of Virginia or his designee shall serve as a member. In addition, the Senate Committee on Privileges and Elections and the Speaker of the House of Delegates shall jointly select one Virginia member who is not a legislator or an employee of the Executive Branch. In Pennsylvania, 2 senators designated by the President Pro Tempore of the Senate and 3 representatives designated by the Speaker of the House of Representatives shall serve as members. The Governor of Pennsylvania or his designee shall serve as a member. In addition, the President Pro Tempore of the Senate shall select one Pennsylvania member who is not a legislator or an employee of the Executive Branch.

Section 103. Legislators serving as members of the Commission shall serve terms coterminous with their current terms of office.

The nonlegislative members shall serve at the pleasure of their respective appointing authorities for a term of not more than 4 years. Nonlegislative members may be reappointed at the end of the 4-year term.

Section 104. The Commission members shall serve without compensation from the Commission but may be reimbursed by the Commission for necessary expenses incurred in and incident to the performance of their duties. In addition, Commission members from each state may receive from their respective states other compensation to which they may be entitled under the laws of their respective states.

Section 105. Commission meetings shall be held at least once each quarter, and at such other times as the Commission may determine. In order to constitute a quorum for the transaction of any business, at least 11 Commission members, including at least 3 Commission members from each state, must be present. Approval of proposed action shall require the majority vote of the Commission members present.

Section 106.

(a) The Commission members shall serve as the governing body of the Commission, and, except as hereinafter provided, shall exercise and discharge all powers, functions, and responsibilities assigned to the Commission. The Commission shall provide for the organization of internal procedures of the Commission and to this end shall adopt suitable bylaws. The Commission shall have a chairman and 2 vice chairmen, chosen by the respective delegations, whose offices shall rotate annually among the signatory states and may at no time be held by members from the same signatory. The Commission may maintain one or more offices for the transaction of its business. The Commission may, without regard to the civil service or the laws of any signatory relative to public officers and employees, create and abolish offices, employments, and positions as it deems necessary for the purposes of the Commission, affix and provide for the duties, conditions of employment, qualifications, appointment, removal, term, compensation, and other rights and benefits of the Commission's officers and employees, and shall appoint the principal officers of the Commission and allocate among them administrative functions, powers, and duties. The Commission may delegate to the officers and employees of the Commission any powers, functions, and responsibilities under this agreement as it deems suitable, except that it may not delegate its power to make recommendations to the respective legislatures, to issue reports or to adopt the annual expense budget.

(b) Full-time officers and employees of the Commission on a salary basis shall be considered employees of a participating governmental unit for the purposes of pension benefits under Division II of the State Personnel and Pensions Article and for the purposes of health insurance, Social Security, and other employee benefits.

Article II

Purposes, Powers and Duties

Section 201. The purposes of the signatories in enacting this agreement are to assist the legislatures of Maryland, Virginia, and Pennsylvania in evaluating and responding to problems of mutual concern relating to the Chesapeake Bay; to promote intergovernmental cooperation; to encourage cooperative coordinated resource planning and action by the signatories and their agencies; to provide, where appropriate, through recommendation to the respective legislature, uniformity of legislative application; to preserve and enhance the functions, powers, and duties of existing offices and agencies of government; and to recommend improvements in the existing management system for the benefit of the present and future inhabitants of the Chesapeake Bay region.

Section 202. In pursuit of the purposes and duties set forth in this article, the Commission may exercise the following powers:

(1) The Commission may collect, compile, analyze, interpret, coordinate, tabulate, summarize, and distribute technical and other data relative to the Chesapeake Bay and its environs. It may conduct or contract for studies, except those for primary scientific research, and may prepare reports on existing or potential problems within the Bay region.

(2) The Commission may prepare, publish, and disseminate information in reports related to the resources of the region.

(3) The Commission may serve as an advisory board to any requesting agency of the member states on matters of interstate concern.

(4) The Commission may make application for grants, services, or other aids as may be available from public or private sources to finance or assist in effectuating any purposes of this agreement; and receive and accept the same on such terms and conditions as may be required by the law of the respective signatory states.

(5) The Commission may purchase administrative supplies and may lease sufficient office space if such space is not otherwise made available for its use.

(6) The Commission may exercise such other powers as are granted by this agreement and take such actions as are necessary or appropriate for performing the duties set forth in this agreement.

Section 203. In carrying out the purposes set forth in this article, the Commission shall have the following duties:

(1) The Commission shall:

  (i) Identify specific Bay management concerns requiring intergovernmental coordination and cooperation; and

  (ii) Recommend to the various federal, state, and local governments, which are involved in the Bay region, legislative and administrative actions necessary to effectuate coordinated and cooperative management for the Chesapeake Bay.

(2) In administering the provisions of this agreement the Commission shall consider the needs of the region for industrial and agricultural development and for gainful employment and maintenance for a high quality environment.

(3) The Commission shall respect and support the primary role of the respective signatory states and their administrative agencies in managing the resources of the region.

(4) The Commission shall collect, analyze, and disseminate information pertaining to the region and its resources for the respective legislative bodies. The Commission shall prepare an annual report indicating the status of environmental and economic issues involving the Chesapeake Bay and the progress of coordinative efforts by the member states.

(5) The Commission shall represent common interests of the signatories as they are affected by the activities of the federal government and shall assist in the monitoring of those activities in the Chesapeake Bay region.

(6) The Commission may provide a forum to serve as an advisory mediator for programmatic conflicts between or among the member states when such action is requested by the conflicting member states.

Article III

Budget and Financing

Section 301. The Commission shall annually adopt a budget, which shall include the Commission's estimated expenses for administration and operation. In establishing the annual current expense budget, the Commission shall balance total expenses against the Commission's estimate of revenues from all sources, either previously appropriated by a signatory state or receivable from any person or governmental agency by contract or grant with that person or governmental agency. The chairman of the Commission shall certify to the respective signatories, and submit to persons in other governmental agencies, statements of the amounts requested from them in accordance with existing cost-sharing established by this agreement or by the parties. The chairman of the Commission shall transmit certified copies of such budgets to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures.

Section 302. The amount required for the Commission's current expense budget shall be apportioned equally among the signatory parties unless a different apportionment is agreed to by unanimous vote of the Commission.

Section 303. The annual expense budget for each fiscal year shall be equally apportioned between the respective signatory states.

Article IV

Amendments to Agreement

Section 401. This agreement shall not be amended or modified except with the concurrence of the legislatures of the State of Maryland, the Commonwealth of Virginia, and the Commonwealth of Pennsylvania. Amendments shall not become effective until adopted in the same manner as the original agreement.

Article V

Duration of Agreement

Section 501. The duration of this agreement among the State of Maryland, the Commonwealth of Virginia, and the Commonwealth of Pennsylvania shall be for an initial period of 10 years from its effective date, and it shall be continued for additional periods of 10 years unless one or more of the signatory states, by authority of an act of its legislature, notifies the Commission of intention to terminate the agreement at the end of the current 10-year term; provided, however, that any signatory, by act of its legislature, can withdraw from the agreement at the end of any calendar year or fiscal year.

Section 502. In the event that this agreement shall be terminated by operation of Section 501, the Commission shall be dissolved, its assets and liabilities transferred, and its corporate affairs wound up in accordance with the unanimous agreement of its signatories, or failing unanimous agreement, in such manner that the assets and liabilities of the Commission shall be shared by the respective states.

### Subtitle 4. Scenic and Wild Rivers Review Board and Related Program

#### Section 8-401

Many of the rivers of Maryland or portions of them and their related adjacent land areas possess outstanding scenic, geologic, ecologic, historic, recreational, agricultural, fish, wildlife, cultural, and other similar values. The policy of the State is to preserve and protect the natural values of these rivers, enhance their water quality, and fulfill vital conservation purposes by wise use of resources within their surrounding environment. Development of a Scenic and Wild Rivers Program is desirable to fulfill these purposes.

#### Section 8-402

(a) There is a Scenic and Wild Rivers Program. The following rivers, including their tributaries, are included in the Program:

  (1) Anacostia;

  (2) Deer Creek;

  (3) Monocacy;

  (4) Patuxent;

  (5) Pocomoke;

  (6) Potomac (in Montgomery and Frederick counties);

  (7) Severn;

  (8) Wicomico in Charles County; and

  (9) Youghiogheny.

(b) The Secretary shall administer the provisions of this subtitle. The Secretary shall formulate and implement a program to carry out the policy under Sec. 8-401 of this subtitle for each designated river including any other river designated subsequently as part of the system. The Program shall provide for the preparation of a plan and for the wise management of resources according to the policy under Sec. 8-401 of this subtitle. Activities such as fishing, hunting, hiking, horseback riding, natural and geological interpretation, scenic appreciation, and other programs by which the general public can appreciate and enjoy the value of these areas as scenic and wild rivers in a setting of natural solitude shall be featured in a management plan to the extent these activities are practicable in the scenic or wild river.

(c) The Secretary shall prepare a study and plan for the use and development of the water and related land resources of Deer Creek in Harford County. The study and plan shall evaluate Deer Creek as a water, agricultural, and scenic resource, and evaluate its shoreline and related land in terms of zoning, parks, and recreational areas, public and private use. The study and plan shall be made in consultation and cooperation with every affected unit of Harford County. Upon completion, the Secretary shall file the study and plan with appropriate recommendations with the Harford County Planning Commission, the Harford County executive, and the Harford County Council for inclusion and implementation in the county's land use planning and zoning as the county deems appropriate. The original plan for Deer Creek in Harford County as approved under this section may be changed or restudied only if the Deer Creek local Scenic and Wild River Advisory Board and the Harford County Council approve.

(d)

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

  (2) "Scenic river" means a free-flowing river whose shoreline and related land are predominantly forested, agricultural, grassland, marshland, or swampland with a minimum of development for at least 2 miles of the river length.

  (3) "Wild river" means a free-flowing river whose shoreline and related land are:

    (i) Undeveloped;

    (ii) Inaccessible except by trail; or

    (iii) Predominantly primitive in a natural state for at least 4 miles of the river length.

(e) Upon completion of the plan, the Secretary shall submit the plan, with any appropriate recommendations, to the governing body of every county where the affected river is located, for their approval and recommendations.

(f) By July 1, 1990, the Secretary shall inventory and study every other river and shoreline and related land in the State and identify the rivers and their related shorelines or portions of them that are eligible for inclusion into the Scenic and Wild Rivers Program as either a scenic or wild river. Upon completion of each inventory and study, the Secretary shall submit the inventory and study, with any recommendations for additions to the scenic and wild rivers system, to:

  (1) The governing body of every county where the river is located, for their approval and recommendations; and

  (2) The next regular session of the General Assembly.

#### Section 8-403

(a)

  (1)

    (i) There is a Scenic and Wild Rivers Review Board.

    (ii) The Board consists of the Secretaries of Natural Resources, Agriculture, the Environment, and Planning, and a member of the Garrett County Commissioners, who shall be a voting member of the Board only on matters pertaining to the wild portion of the Youghiogheny River.

  (2) The members of the Board shall select the chairperson.

  (3) A member of the Board:

    (i) May not receive any compensation for the member's services; but

    (ii) Shall be reimbursed for necessary travel expenses and disbursements made in order to attend any meeting or perform any other official duty.

(b) In addition to the duties set forth elsewhere in this subtitle, the Scenic and Wild Rivers Review Board shall:

  (1) Review:

    (i) Any inventory, study, plan, and regulation that is prepared under this subtitle; and

    (ii) The recommendations on the inventory, study, plan, and regulation of the Secretary, any local governing body, or any local advisory board;

  (2) Meet regularly; and

  (3) Appoint, with the advice and consent of the appropriate local governing body, a local scenic and wild river advisory board for each river that is included in the Scenic and Wild Rivers Program.

(c)

  (1) Each local scenic and wild river advisory board consists of at least seven members, except for the Youghiogheny local Scenic and Wild River Advisory Board that consists of at least eight members.

  (2) Each member of a local scenic and wild river advisory board shall reside in the county through which the scenic and wild river flows.

  (3) The Scenic and Wild Rivers Review Board shall select the members of each local advisory board as follows:

    (i) At least two members shall own land contiguous to the scenic or wild river, except for the Youghiogheny River where at least three members shall own land contiguous to that portion of the river designated by Sec. 8-408(a) of this subtitle as a wild river;

    (ii) At least two members who own land that is not contiguous to the scenic or wild river;

    (iii) One member shall represent the local governing body; and

    (iv) Two members from the county soil conservation district.

(d) If a scenic or wild river flows through more than one county, the local advisory board shall consist of no more than the following members:

  (1) Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river;

  (2) Two residents of each county through which the scenic or wild river flows who do not own land contiguous to the scenic or wild river;

  (3) Two representatives of the local governing body of each county through which the scenic or wild river flows; and

  (4) One representative of each soil conservation district through which the scenic or wild river flows.

(e) Each local scenic and wild river advisory board shall:

  (1) Review any inventory, study, plan, and regulation that is proposed under this subtitle and is applicable to any river in its jurisdiction;

  (2) Make recommendations on the inventory, study, plan, and regulation to its local governing body and to the Scenic and Wild Rivers Review Board;

  (3) Select its own chairperson; and

  (4) Adopt its own administrative regulations for the operation of the local advisory board.

(f)

  (1) Each member of a local advisory board may not:

    (i) Receive compensation for service; or

    (ii) Be reimbursed for expenses incurred in travel or for attending meetings or performing any official duty.

  (2) The Secretary shall schedule meetings for each local advisory board. However, in the event of emergencies, the chairperson of a local advisory board may schedule meetings for the local advisory board.

(g)

  (1) On completion of an approved management plan, the local governing body may establish a scenic river advisory board for each designated scenic or wild river within its jurisdiction.

  (2) Each board, as constituted by the local authority, may recommend policies, laws, and regulations in furtherance of the aims of this subtitle to the appropriate local governing body.

  (3)

    (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, if a scenic or wild river flows through more than one county, the scenic river advisory board may consist of an equal number of members from each county.

    (ii) If a scenic or wild river flows through Carroll County and one or more other counties, the scenic river advisory board shall consist of the following members:

      (1) Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river;

      (2) Two residents of each county through which the scenic or wild river flows who do not own land contiguous to the scenic or wild river;

      (3) Subject to subparagraph (iv) of this paragraph, two representatives of the local governing body of each county through which the scenic or wild river flows; and

      (4) One representative of an organization in the county with expertise in agriculture, such as the local farm bureau, grange, or soil conservation district.

    (iii) If a scenic or wild river flows through Frederick County and one or more other counties, the scenic river advisory board shall consist of the following members:

      (1) Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river;

      (2) Two residents of each county through which the scenic or wild river flows who do not own land contiguous to the scenic or wild river;

      (3) Subject to subparagraph (iv) of this paragraph, two representatives of the local governing body of each county through which the scenic or wild river flows; and

      (4) One representative of an organization in the county with expertise in agriculture, such as the local farm bureau, grange, or soil conservation district.

    (iv) The two representatives of the local governing body shall be nonvoting members of the scenic river advisory board.

#### Section 8-404

The Scenic and Wild Rivers Review Board may recommend for inclusion in the Scenic and Wild Rivers Program rivers, streams, and portions of rivers, streams, and tributaries, and the related adjacent lands which fall within the following descriptions:

(1) Trout streams and wetland areas;

(2) Spawning and propagation areas;

(3) Streams and rivers with scenic and aesthetic value of statewide significance;

(4) Existing or proposed public land adjacent to the rivers and streams;

(5) Sections of any river or stream where no development exists on either side of the river or stream for a distance of one-quarter mile from the mean high water line of the river or stream;

(6) Sections of any river or stream where limited development exists but is compatible with the wise use of the resources;

(7) Sections of any river or stream where encroachment is imminent and would lead to degradation of the river or stream, to some form of pollution, or adversely affect the intent of this subtitle; or

(8) Sections of any river or stream that are important as food production areas, areas supporting migratory waterfowl, and spawning areas for shellfish.

#### Section 8-405

Before specific plans for use and development of water and related land resources are approved, including constructing improvements, diversions, roadways, crossings, channelizations, locks, canals, or other uses that change the character of a river or waterway or destroy its scenic value, the Secretary shall give full consideration and evaluation of the river as a scenic and wild resource.

#### Section 8-406

A dam or other structure impeding the natural flow of a scenic and wild river may not be constructed, operated, or maintained in a scenic and wild river, and channelization may not be undertaken, unless the Secretary specifically approves.

#### Section 8-407

Every State unit shall recognize the intent of the Scenic and Wild Rivers Program and take whatever action is necessary to protect and enhance the scenic and wild qualities of the designated river. The Secretary shall utilize the Scenic and Wild Rivers Program and all related information to assist and cooperate with any other State or local unit that exercises jurisdiction and authority over land use planning and management.

#### Section 8-408

(a) That segment of the Youghiogheny River between Millers Run and the southern corporate limits of Friendsville is designated a wild river.

(b) In Sec.Sec. 8-408 through 8-411 of this subtitle, "scenic corridor" means the visual corridor of the Youghiogheny River in that segment of the Youghiogheny River designated as wild that:

  (1) An individual can see from the river or its contiguous shorelines; and

  (2) The Secretary demonstrates by field investigation and defines by regulations.

(c)

  (1) By July 1, 1985, the Secretary shall:

    (i) Define by field investigation the boundaries of the scenic corridor of the Youghiogheny River; and

    (ii) Submit to the property owner a map indicating the proposed boundaries which affect the property owner.

  (2) The Youghiogheny Scenic and Wild River Local Advisory Board shall verify the field investigation that the Secretary uses to define the extent of the scenic corridor.

(d)

  (1) By July 1, 1985, the Secretary shall verify the boundaries of the scenic corridor of the Youghiogheny River with each property owner whose property is included in the scenic corridor:

    (i) By an opportunity for an on-site review of the visual boundaries; or

    (ii) If an on-site review is not possible, by constructive notice in a certified letter, return receipt requested, bearing a postmark of the United States Postal Service, that states the boundaries of the scenic corridor in a way that is easily understood.

  (2)

    (i) The Secretary shall submit to each property owner a map indicating the proposed boundaries that affect the property owner.

    (ii) If the property owner is not satisfied with the proposed boundaries shown to the property owner by the Department, within 30 days after the property owner has been shown the proposed boundaries, the property owner may request, in writing, a field survey of the boundaries.

    (iii) If funding for the requested field survey is not immediately available:

      (1) The Department shall request funding for the field survey in the next fiscal budget; and

      (2) The field survey is contingent on that funding being provided.

  (3) This subsection does not prevent the Secretary from proceeding to adopt regulations to define the scenic corridor under subsections (b) and (c) of this section.

(e)

  (1) The provisions of this subsection do not apply to any area in the scenic corridor that has been mined and is not reclaimed.

  (2) A person may not mine any minerals by the strip or open pit mining method in the scenic corridor.

#### Section 8-409

(a) In this section, "development" means any structure, appurtenance, other addition, modification, or alteration that is constructed, placed, or made on or to land or water.

(b)

  (1) In addition to other regulatory authorities that are provided by this subtitle, the Secretary, in coordination with the Youghiogheny Scenic and Wild River Local Advisory Board and the Board of Garrett County Commissioners, shall prepare regulations that are necessary to:

    (i) Implement the approved management plan for the Youghiogheny River; and

    (ii) Regulate use and development in the scenic corridor where the use and development would affect the primitive qualities and characteristics of the wild river segment of the Youghiogheny River.

  (2) The Board of Garrett County Commissioners and the Scenic and Wild Rivers Review Board shall review the regulations of the Secretary before the Secretary adopts the regulations.

  (3) On the adoption of the regulations under paragraph (2) of this subsection, the Secretary shall administer and enforce the regulations.

#### Section 8-410

(a) If the prohibitions of Sec. 8-408 of this subtitle or of any regulation that the Secretary adopts for the Scenic and Wild Rivers Program would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property that is taken, providing that the acquisition has been previously approved by the General Assembly.

(b)

  (1) As to any water or land areas within that portion of the Youghiogheny River that is designated by Sec. 8-408(a) of this subtitle as a wild river, funds under the open space program may be used to purchase any restriction, whether drafted in the form of an easement, covenant, or condition, that prohibits or limits the use of any of the water or land areas or any improvement or appurtenance to the water or land areas for any of the purposes listed in Sec. 2-118(b) of the Real Property Article.

  (2) The restriction creates an incorporeal property interest in the water or land areas or the improvement or appurtenance to the water or land areas, so restricted, that is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas or the improvement or appurtenance to the water or land areas, if the restriction is executed in compliance with the requirements of the Real Property Article for the execution of deeds or the Estates and Trusts Article for the execution of wills.

#### Section 8-411

(a)

  (1) Notwithstanding the regulatory authorities that are provided by this subtitle, the Secretary, in the process of administering the Scenic and Wild Rivers Program, shall consider, protect, and ensure protection of the rights of property ownership.

  (2) The Secretary may not adopt any regulation that would constitute a taking of a right of property ownership that violates the Constitution of the United States or the Maryland Constitution.

(b) The State may not acquire by eminent domain land in the scenic corridor of the wild segment of the Youghiogheny River without first proving that the acquisition is necessary to preserve the wild segment of the Youghiogheny River, as provided in this subtitle.

### Subtitle 4A. Jennings Randolph Lake Project Compact

#### Section 8-4A-01

The Governor is hereby authorized and directed to execute a Compact on behalf of the State of Maryland with the State of West Virginia, with participation through concurrence by the United States Army Corps of Engineers legally joining in the form substantially as follows:

Jennings Randolph Lake Project Compact

Preamble

WHEREAS, the signatory parties hereto desire to provide for joint natural resource management and enforcement of laws and regulations pertaining to natural resources and boating at the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral County, West Virginia, for which they have a joint responsibility; and they declare as follows:

(1) The Congress, under Public Law 87-874, authorized the development of the Jennings Randolph Lake Project for the North Branch of the Potomac River substantially in accordance with House Document Number 469, 87th Congress, 2nd Session for flood control, water supply, water quality, and recreation; and

(2) Section 4 of the Flood Control Act of 1944 (CH 665, 58 Stat. 534) provides that the Chief of Engineers, under the supervision of the Secretary of War (now Secretary of the Army), is authorized to construct, maintain and operate public park and recreational facilities in reservoir areas under control of such Secretary for the purpose of boating, swimming, bathing, fishing, and other recreational purposes, so long as the same is not inconsistent with the laws for the protection of fish and wildlife of the State(s) in which such area is situated; and

(3) Pursuant to the authorities cited above, the U.S. Army Engineer District (Baltimore), hereinafter "District", did construct and now maintains and operates the Jennings Randolph Lake Project; and

(4) The National Environmental Policy Act of 1969 (P.L. 91-190) encourages productive and enjoyable harmony between man and his environment, promotes efforts which will stimulate the health and welfare of man, and encourages cooperation with State and local governments to achieve these ends; and

(5) The Fish and Wildlife Coordination Act (16 U.S.C. 661-666c) provides for the consideration and coordination with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation; and

(6) The District has Fisheries and Wildlife Plans as part of the District's project Operational Plan Management; and

(7) In the respective States, the Maryland Department of Natural Resources (hereinafter referred to as Maryland DNR) and the West Virginia Division of Natural Resources (hereinafter referred to as West Virginia DNR) are primarily responsible for providing a system of control, propagation, management, protection, and regulation of natural resources and boating in Maryland and West Virginia and the enforcement of laws and regulations pertaining to those resources as provided in Annotated Code of Maryland Natural Resources Article and West Virginia Chapter 20, respectively, and the successors thereof; and

(8) The District, the Maryland DNR, and the West Virginia DNR are desirous of conserving, perpetuating and improving fish and wildlife resources and recreational benefits of the Jennings Randolph Lake Project; and

(9) The District and the States of Maryland and West Virginia wish to implement the aforesaid acts and responsibilities through this Compact and they each recognize that consistent enforcement of the natural resources and boating laws and regulations can best be achieved by entering this Compact;

Now, therefore

The States of Maryland and West Virginia, with the concurrence of the United States Department of the Army, Corps of Engineers, hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by The Congress of the United States and by the respective state legislatures, to the Jennings Randolph Lake Project Compact, which consists of this preamble and the articles that follow:

Article I - Name, Findings, and Purpose

(1) 1    This compact shall be known and may be cited as the Jennings Randolph Lake Project Compact.

(1) 2    The legislative bodies of the respective signatory parties, with the concurrence of the U.S. Army Corps of Engineers, hereby find and declare:

  (1) The water resources and project lands of the Jennings Randolph Lake Project are affected with local, state, regional, and national interest, and the planning, conservation, utilization, protection and management of these resources, under appropriate arrangements for inter-governmental cooperation, are public purposes of the respective signatory parties.

  (2) The lands and waters of the Jennings Randolph Lake Project are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact that, notwithstanding any boundary between Maryland and West Virginia that preexisted the creation of Jennings Randolph Lake, the parties will have and exercise concurrent jurisdiction over any lands and waters of the Jennings Randolph Lake Project concerning natural resources and boating laws and regulations in the common interest of the people of the region.

  Article II - District Responsibilities

  The District, within the Jennings Randolph Lake Project,

(2) 1    Acknowledges that the Maryland DNR and West Virginia DNR have authorities and responsibilities in the establishment, administration and enforcement of the natural resources and boating laws and regulations applicable to this project, provided that the laws and regulations promulgated by the States support and implement, where applicable, the intent of the Rules and Regulations Governing Public Use of Water Resources Development Projects administered by the Chief of Engineers in Title 36, Chapter III, Part 327, Code of Federal Regulations,

(2) 2    Agrees to practice those forms of resource management as determined jointly by the District, Maryland DNR and West Virginia DNR to be beneficial to natural resources and which will enhance public recreational opportunities compatible with other authorized purposes of the project,

(2) 3    Agrees to consult with the Maryland DNR and West Virginia DNR prior to the issuance of any permits for activities or special events which would include, but not necessarily be limited to: fishing tournaments, training exercises, regattas, marine parades, placement of ski ramps, slalom water ski courses and the establishment of private markers and/or lighting. All such permits issued by the District will require the permittee to comply with all State laws and regulations,

(2) 4    Agrees to consult with the Maryland DNR and West Virginia DNR regarding any recommendations for regulations affecting natural resources including, but not limited to, hunting, trapping, fishing or boating at the Jennings Randolph Lake Project which the District believes might be desirable for reasons of public safety, administration, or public use and enjoyment,

(2) 5    Agrees to consult with the Maryland DNR and West Virginia DNR relative to the marking of the lake with buoys, aids to navigation, regulatory markers and establishing and posting of speed limits, no wake zones, restricted or other control areas and to provide, install and maintain such buoys, aids to navigation and regulatory markers as are necessary for the implementation of the District's Operational Management Plan. All buoys, aids to navigation and regulatory markers to be used shall be marked in conformance with the Uniform State Waterway Marking System,

(2) 6    Agrees to allow hunting, trapping, boating and fishing by the public in accordance with the laws and regulations relating to the Jennings Randolph Lake Project,

(2) 7    Agrees to provide, install and maintain public ramps, parking areas, courtesy docks, etc., as provided for by the approved Corps of Engineers Master Plan, and

(2) 8    Agrees to notify the Maryland DNR and the West Virginia DNR of each reservoir drawdown prior thereto excepting drawdown for the reestablishment of normal lake levels following flood control operations and drawdown resulting from routine water control management operations described in the reservoir regulation manual including releases requested by water supply owners and normal water quality releases. In case of emergency releases or emergency flow curtailments, telephone or oral notification will be provided. The District reserves the right, following issuance of the above notice, to make operational and other tests which may be necessary to insure the safe and efficient operation of the dam, for inspection and maintenance purposes, and for the gathering of water quality data both within the impoundment and in the Potomac River downstream from the dam.

Article III - State Responsibilities

The State of Maryland and the State of West Virginia agree:

(3) 1    That each State will have and exercise concurrent jurisdiction with the District and the other State for the purpose of enforcing the civil and criminal laws of the respective States pertaining to natural resources and boating laws and regulations over any lands and waters of the Jennings Randolph Lake Project;

(3) 2    That existing natural resources and boating laws and regulations already in effect in each State shall remain in force on the Jennings Randolph Lake Project until either State amends, modifies or rescinds its laws and regulations;

(3) 3    That the Agreement for Fishing Privileges dated June 24, 1985 between the State of Maryland and the State of West Virginia, as amended, remains in full force and effect;

(3) 4    To enforce the natural resources and boating laws and regulations applicable to the Jennings Randolph Lake Project;

(3) 5    To supply the District with the name, address and telephone number of the person(s) to be contacted when any drawdown except those resulting from normal regulation procedures occurs;

(3) 6    To inform the Reservoir Manager of all emergencies or unusual activities occurring on the Jennings Randolph Lake Project;

(3) 7    To provide training to District employees in order to familiarize them with natural resources and boating laws and regulations as they apply to the Jennings Randolph Lake Project; and

(3) 8    To recognize that the District and other Federal Agencies have the right and responsibility to enforce, within the boundaries of the Jennings Randolph Lake Project, all applicable Federal laws, rules and regulations so as to provide the public with safe and healthful recreational opportunities and to provide protection to all federal property within the project.

Article IV - Mutual Cooperation

(4) 1    Pursuant to the aims and purposes of this Compact, the State of Maryland, the State of West Virginia and the District mutually agree that representatives of their natural resource management and enforcement agencies will cooperate to further the purposes of this Compact. This cooperation includes, but is not limited to, the following:

(4) 2    Meeting jointly at least once annually, and providing for other meetings as deemed necessary for discussion of matters relating to the management of natural resources and visitor use on lands and waters within the Jennings Randolph Lake Project;

(4) 3    Evaluating natural resources and boating, to develop natural resource and boating management plans and to initiate and carry out management programs;

(4) 4    Encouraging the dissemination of joint publications, press releases or other public information and the interchange between parties of all pertinent agency policies and objectives for the use and perpetuation of natural resources of Jennings Randolph Lake Project; and

(4) 5    Entering into working arrangements as occasion demands for the use of lands, waters, construction and use of buildings and other facilities at the project.

Article V - General Provisions

(5) 1    Each and every provision of this Compact is subject to the laws of the States of Maryland and West Virginia and the laws of the United States, and the delegated authority in each instance.

(5) 2    The enforcement and applicability of natural resources and boating laws and regulations referenced in this Compact shall be limited to the lands and waters of the Jennings Randolph Lake Project, including but not limited to the prevailing reciprocal fishing laws and regulations between the States of Maryland and West Virginia.

(5) 3    Nothing in this Compact shall be construed as obligating any party hereto to the expenditure of funds or the future payment of money in excess of appropriations authorized by law.

(5) 4    The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of the Jennings Randolph Lake Project Compact is declared to be unconstitutional or inapplicable to any signatory party or agency of any party, the constitutionality and applicability of the Compact shall not be otherwise affected as to any other provision, party, or agency. It is the legislative intent that the provisions of this Compact be reasonably and liberally construed to effectuate the stated purposes of the Compact.

(5) 5    No member of or delegate to Congress, or signatory shall be admitted to any share or part of this Compact, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

(5) 6    When this Compact has been ratified by the legislature of each respective State, when the Governor of West Virginia and the Governor of Maryland have executed this Compact on behalf of their respective States and have caused a verified copy thereof to be filed with the Secretary of State of each respective State, when the Baltimore District Engineer of the U.S. Army Corps of Engineers has executed its concurrence with this Compact, and when this Compact has been consented to by the Congress of the United States, then this Compact shall become operative and effective.

(5) 7    Either State may, by legislative act, after one year's written notice to the other, withdraw from this Compact. The U.S. Army Corps of Engineers may withdraw its concurrence with this Compact upon one year's written notice from the Baltimore District Engineer to the Governor of each State.

(5) 8    This Compact may be amended from time to time.

Each proposed amendment shall be presented in resolution form to the Governor of each State and the Baltimore District Engineer of the U.S. Army Corps of Engineers. An amendment to this Compact shall become effective only after it has been ratified by the legislatures of both signatory States and concurred in by the U.S. Army Corps of Engineers, Baltimore District. Amendments shall become effective thirty days after the date of the last concurrence or ratification.

### Subtitle 7. State Boat Act

#### Section 8-701

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

(a-1) "Beneficial use of dredged material" has the meaning stated in Sec. 5-1101 of the Environment Article.

(b) "Certificate" means any certificate of number or title issued.

(c)

  (1) "Dealer" means any person who:

    (i) Engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and

    (ii) Has an established place of business for sale, trade, and display of vessels.

  (2) "Dealer" includes:

    (i) A yacht broker; and

    (ii) A holder of a lien created under Title 16, Subtitle 2 of the Commercial Law Article who sells the vessel pursuant to that title, including a company commonly known as a lien and recovery company.

  (3) "Dealer" does not include a licensed auctioneer acting on behalf of a seller, secured party, or owner and where title does not pass to the auctioneer and the auction is not for the purpose of avoiding the provisions of this title.

(d) "Governing body" means the county commissioners, county executive and county council of any county, the Mayor and City Council of Baltimore, and the elected officials of any municipal corporation in the State, subject to Article XI-E of the Maryland Constitution.

(e) "Lienholder" means a person holding a security interest.

(f) "Manufacturer" means any person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade.

(g) "Marine repair contractor" means a person or entity engaged full time in the business of providing maintenance, repair, or similar services to vessels.

(h) "Motorboat" means any vessel equipped with propelling machinery, whether or not the machinery is the principal source of propulsion.

(i) "Operate" means to navigate or otherwise use a vessel.

(j) "Operator" means the person who operates or has charge of the navigation or use of a vessel.

(k)

  (1) "Owner" means a person, other than a lienholder, having property in or title to a vessel.

  (2) "Owner" includes a person entitled to use or possess a vessel subject to an interest in another person, reserved, or created by agreement and securing payment of performance of an obligation.

  (3) "Owner" does not include a lessee under a lease not intended as security.

(l) "Parasailing" means a parachute or other device which causes a person to become airborne when towed by a vessel.

(m)

  (1) "Personal watercraft" means a vessel that is:

    (i) Propelled by a water-jet pump or other machinery as its primary source of motive power; and

    (ii) Designed to be operated by a person sitting, standing, or kneeling on the vessel.

  (2) "Personal watercraft" does not include a vessel that is designed to be operated by a person sitting, standing, or kneeling in the vessel's hull.

(n) "Security interest" means an interest which:

  (1) Is reserved or created by an agreement which secures payment or performance of an obligation; and

  (2) Is valid against third parties generally.

(o)

  (1) "Ship lifeboat" means a lifeboat used solely for lifesaving purposes.

  (2) "Ship lifeboat" does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.

(p) "State of principal use" means the jurisdiction on whose waters a vessel is used or to be used most during a calendar year which is the period from January 1 through December 31.

(q) "Title tax" means the tax imposed under Sec. 8-716 of this subtitle.

(r) "Use" means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water, whether it is moving, anchored, or tied up to any manner of dock or buoy. A vessel is also in use if it is kept in any structure in readiness for use.

(s)

  (1) "Vessel" means every description of watercraft, including an ice boat but not including a seaplane, that is used or capable of being used as a means of transportation on water or ice.

  (2) "Vessel" includes the motor, spars, sails, and accessories of a vessel.

(t) "Waters of the State" means any water within the jurisdiction of the State, the marginal sea adjacent to the State, and the high seas when navigated as part of a ride or journey to or from the shore of the State.

#### Section 8-702

It is the intent of this subtitle to foster the development, use, and enjoyment of all the waters of Maryland. The State shall cooperate to the fullest possible extent with neighboring states and the federal government in connection with assistance and rescue operations and in enforcement of laws and regulations relating to recreational boating safety.

#### Section 8-703

(a) The Department shall administer the provisions of this subtitle. In addition, the Department shall:

  (1) Develop plans, within the limits of available income, for the improvement and promotion of the waters of the State for recreational purposes;

  (2) Promote safety of life and property through an educational program directed to boat owners, boat operators, and others concerning the inherent hazards to vessels and people on the waters, including precautions to be observed, and emergency action;

  (3) Plan a regulatory program and its related cooperation with officials of other states, the federal government, and local governments;

  (4) Improve the State's waterways by deepening channels, acquiring and developing access areas, clearing waterways by removing logs, debris, and other material obstructing or detrimental to navigation, building docks, and clearing waters of aquatic vegetation;

  (5) Cooperate with federal, State, or local agencies which make funds available for the purposes of this subtitle;

  (6) In order to protect life and property, tow disabled vessels on any waters of the State to the nearest safe harbor or to a location where commercial towing facilities are available. The Department may not engage in towing in competition with commercial towing services;

  (7) Designate and mark channels in the waters of the State; and

  (8) By April 1, 1990, for any attended boat launching facility or marina that is owned or operated by the Department on July 1, 1989, or that is purchased, built, or otherwise acquired by the Department on or after July 1, 1989, install a pump-out station on-site at any attended boat launching facility or marina that is adequate to handle the sewage capacity from vessels expected to use the boat launching facility or marina.

(b) The Department may take possession of any document the Department issues pursuant to this subtitle:

  (1) After the document's expiration, revocation, cancellation, or suspension; or

  (2) If the document is issued unlawfully or erroneously.

#### Section 8-703.1

(a) The Department shall develop and implement by August 1, 1987, an educational program to advise boaters, boatyards, marine suppliers, and other users of antifouling paints on:

  (1) The provisions of Title 5, Subtitle 9 of the Agriculture Article, Sec. 9-321.1 of the Environment Article, and this section;

  (2) The toxic propensities to marine life of antifouling paints containing tributyltin compounds; and

  (3) The availability of substitute paints.

(b) The Department shall:

  (1) Publish for use by the public a detailed listing of antifouling paints in use in the State that contain tributyltin and those that do not; and

  (2) Publish, to the extent possible, which antifouling paints containing tributyltin have acceptable release rates, as defined in Sec. 5-901 of the Agriculture Article.

(c) The Department shall develop the educational program under subsection (a) of this section and the materials used in the program in coordination with the State Department of Agriculture and in consultation with the marine trades and with representatives of the boating public.

#### Section 8-703.2

(a) Notwithstanding any other provision of this subtitle, the Department may adopt boating regulations exclusively applicable to Jennings Randolph Lake.

(b) Regulations adopted under this section:

  (1) Shall be developed in coordination with the State of West Virginia;

  (2) Shall allow for joint enforcement of boating activities by Maryland and West Virginia authorities in accordance with the Jennings Randolph Lake Project Compact; and

  (3) May differ from Maryland boating laws that would otherwise apply.

(c) Regulations adopted under this section may:

  (1) Provide age limits for the operation of a vessel;

  (2) Establish vessel noise limits;

  (3) Impose safety requirements regarding vessels;

  (4) Impose other standards and requirements for the operation of a vessel;

  (5) Provide for rules of the road for vessels;

  (6) Provide requirements regarding the operation of personal watercraft;

  (7) Impose restrictions on the operation of vessels while towing an individual on water skis or similar devices; and

  (8) Address other areas pertaining to activities at the Jennings Randolph Lake Project that the Department considers appropriate.

#### Section 8-703.3

(a) This section applies to a vessel that is operated in a lake that is owned or managed by the State.

(b) After April 1, 2017, an owner of a vessel may not place the vessel or have the vessel placed in a lake at a public launch ramp or public dock unless the owner has cleaned the vessel and removed all visible organic material.

(c) An owner of a vessel who violates this section is subject to a civil penalty not exceeding:

  (1) $100 for a first violation;

  (2) $250 for a second violation; and

  (3) $500 for a third or subsequent violation.

#### Section 8-704

(a) The Department may adopt regulations necessary to carry out the provisions of this subtitle, including the determination of the state of principal use for the purpose of assessing the vessel excise tax.

(b) In order to protect the public safety, welfare, and recreational interests in waters of the State, the Department may adopt a program relating to the placement of buoys, mooring buoys, and other apparatus used to secure, berth, or moor vessels in the waters of the State. The Department shall consult with any county affected by the program.

(c) The Department shall adopt regulations governing the following:

  (1) The numbering of vessels for identification, safety equipment on vessels, and operations of any vessels subject to this subtitle so that each vessel of a type or size complying with the regulations may be operated with equal freedom or under similar requirements as other vessels of that type or size on all waters of the State. The numbering system used shall conform to the one adopted by the federal government. These regulations may not conflict with any federal law or regulation applicable to vessels on the waters in the State;

  (2) The issuance of certificates of title and certificates of boat number;

  (3) Instructions for making reports and handling personnel and boats in case of accidents;

  (4) Abandonment, destruction, theft, recovery, sale, or transfer of ownership;

  (5) Change of address of owner;

  (6) Use of boats from other jurisdictions on the waters of the State;

  (7) Issuance of certificates of number for boats changing their state of principal use to Maryland;

  (8) Cooperation with local governments and the federal authority for special events or to meet emergency situations; and

  (9) Issuance of certificates of number to owners of fleets or boats for hire or rent.

(d)

  (1) The Department shall adopt regulations prohibiting the operation of personal watercraft above idle speed in any area of water with a depth of less than 18 inches.

  (2) Except as provided in paragraph (1) of this subsection, the Department may adopt regulations limiting the use of personal watercraft in any area of water with a depth of less than 1 meter.

(e) A municipality or other local authority may not establish any regulation of a local nature which does not conform with the Department's regulations.

(f) On any proposed regulation affecting the equipment or operation of any vessel subject to this subtitle, the Secretary shall solicit the advice and opinions of officials of representative boating associations, yacht clubs, and local, State, or federal governments or officials, having knowledge or experience with the subject matter of the proposed regulations. These representatives and officials serve as an advisory committee appointed by the Secretary to review the proposed regulations.

(g) The Department, with the endorsement of the Secretary of Natural Resources and the Secretary of the Environment, after a public hearing following 60 days' notice, shall adopt and publish sound level limits governing the noise generated by the operation of pleasure craft on the waters of the State. The sound level limits shall be established at the most restrictive level consistent with the environmental noise standards adopted by the Department of the Environment which is achievable through the application of the best available technology and at a reasonable cost. The Department shall adopt regulations for the administration and enforcement of the sound level limits, taking into account accepted scientific and professional methods for measurement of sound levels.

(h) The Department shall adopt regulations to prohibit a person from:

  (1) Operating an unauthorized vessel over a power boat race course; or

  (2) Swimming across a boundary of a power boat race course.

#### Section 8-704.1

(a) Except as provided in subsection (b) of this section, the Department may not furnish to any person the name, address, or other identifying information about the owner of the registered vessel.

(b) This section does not prevent the Department from furnishing information under this section:

  (1) To another governmental agency;

  (2) If not requested for the purpose of preparing a mailing list, to a person requesting the information in connection with the compilation of statistical data;

  (3) As to the owners of vessels registered under this subtitle, to a person whose request for the information is determined by the Department to be limited to, and necessary for, the protection of the ownership, safe operation, proper maintenance, or repair of the vessel; or

  (4) To a financial institution, as defined in Sec. 1-101(j) of the Financial Institutions Article, or its agents, employees, or contractors, requesting information under Sec. 4-317 of the General Provisions Article.

#### Section 8-705

(a) A governing body may establish and designate areas of land or water within its jurisdiction as waterways improvement districts, subject to the provisions of subsection (c) of this section.

(b) A governing body:

  (1) Shall act as the district council for the district; and

  (2) May carry out the duties vested by law or which are reasonably necessary.

(c) A governing body shall refer every proposed district to the section of waterways improvement of the Department for a report and evaluation of benefits to be achieved by creating the proposed district. The Department shall review the proposed district and submit a report to the governing body containing recommendations on feasibility and need for the proposed district. The report shall include the area within the district, the work or project to be carried out within the district pursuant to Sec. 8-707 of this subtitle, and the estimated cost for the work or project recommended.

#### Section 8-706

The Department shall carry out the administrative duties concerning the waterways improvement districts. In addition, the Department shall:

(1) Review proposals and petitions to establish waterways improvement districts and report to the governing body on each proposed district as provided in Sec. 8-705 of this subtitle;

(2) Provide engineering design for waterways projects and supervise or provide supervision for these projects;

(3) Clear debris, aquatic vegetation, and obstructions from waters of the State;

(4) Provide liaison with the United States Army Corps of Engineers on projects under Sec. 107 of the Rivers and Harbors Act;

(5) Prepare requests for appropriation of funds necessary to pay the State's share of the cost of projects;

(6) Administer the Waterway Improvement Fund to provide interest-free loans to any governing body for a waterway improvement project as provided in Sec. 8-708(d) of this subtitle; and

(7) Administer the Waterway Improvement Fund to provide interest-free loans to a governing body for the benefit of a residential property owner, or group of residential property owners, with land abutting a channel adjacent to a main channel or harbor for dredging the adjacent channel as provided in Sec. 8-708.1 of this subtitle.

#### Section 8-707

(a)

  (1) There is a Waterway Improvement Fund for the purposes specified in this subtitle, including the accelerated restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds.

  (2) Except as provided in Sec. 8-709 of this subtitle, any money received into the Waterway Improvement Fund shall be used solely for the following projects:

    (i) Marking channels and harbors and establishing aids to navigation in cooperation with and as an extension of operations of the United States Coast Guard;

    (ii) Clearing debris, aquatic vegetation, and obstruction from waters of the State;

    (iii) Dredging channels and harbors and construction of jetties and breakwaters in cooperation with and as an extension of operations of the United States Army Corps of Engineers;

    (iv) Dredging ponds, lakes, and reservoirs owned by the State;

    (v) Constructing and maintaining marine facilities beneficial to the boating public, including constructing pump-out stations for use by the general boating public at public and private marinas. The Secretary may use the funds to install pump-out stations for use by the general boating public and to supplement maintenance costs at the discretion of the Secretary. Before approving the construction of any pump-out station at a public or private marina, the Secretary shall consult with the Department of the Environment to assure that the wastewater collection and treatment system of the marina is adequate to handle any increased flow. The Department may adopt regulations to govern the use and operation of pump-out stations for use by the general boating public constructed or supported by State funds under this section;

    (vi) Improvement, reconstruction, or removal of bridges, drawbridges, or similar structures over or across waters, if those structures delay, impede, or obstruct the boating public. With the approval of the Board of Public Works, funds from another public or any private source may be received and used to supplement and increase the funds in the Waterway Improvement Fund for the purpose of this subsection. Also, the Board of Public Works may enter into an agreement with a private company or person which owns such a structure, for the improvement, reconstruction, or removal of the structure, in order to provide a sharing of the cost of the improvement, reconstruction, or removal;

    (vii) Evaluation of water-oriented recreation needs and recreational capacities of Maryland waterways and development of comprehensive plans for waterway improvements;

    (viii) To provide matching grants to local governments for the construction of marine facilities for marine firefighting, marine police, or medical services and for the acquisition of vessels and equipment for vessels for marine firefighting, police, medical, and communication equipment for promoting safety of life and property and general service to the boating public utilizing the waters of the State. The ownership, operation, and maintenance of any equipment acquired under this subtitle shall be the responsibility of the local governing body;

    (ix) Structural and nonstructural shore erosion control under subsection (b) of this section;

    (x) Acquisition of equipment and State vessels for firefighting, policing, first aid and medical assistance, and communications, in order to promote safety of life and property and general service to the boating public utilizing waters of the State;

    (xi) Boating information and education;

    (xii) To provide interest-free loans to a governing body for the benefit of a residential property owner, or group of residential property owners, with land abutting a channel adjacent to a federal, State, county, or municipal main channel or harbor for dredging the adjacent channel; and

    (xiii) Consistent with other uses in items (i) through (xii) of this paragraph, to fund the Whole Watershed Fund established under Sec. 8-2B-03 of this title.

(b) Money from the Waterway Improvement Fund may be appropriated for structural and nonstructural shore erosion control projects under Subtitle 10 of this title, provided that the funds appropriated:

  (1) In any fiscal year do not exceed 15% of the total excise tax revenues, exclusive of loan repayments, attained by the Waterway Improvement Fund in the preceding fiscal year; and

  (2) May only be expended for projects that address shoreline areas where:

    (i) Significant erosion is being caused by a combination of boat traffic and other factors, including:

      (1) An exposed point of land or shore in a narrow creek or cove;

      (2) Shore composition of easily erodible soils;

      (3) A steep, seaward, near-shore slope; or

      (4) A high rate of boating traffic passing close to the shore;

    (ii) The shoreline has the following characteristics:

      (1) Evidence of erosion is clearly visible; and

      (2) Proximity to navigable waters where dredging responsibility is not clearly accepted by the federal government; or

    (iii) Erosion has been significantly increased due to the construction or replacement of public waterway improvement structures.

(c)

  (1) Funds specified under subsection (b) of this section may be appropriated in a lump sum for the general purpose of shore erosion control, without specifying individual projects pursuant to Sec. 8-709(a) of this subtitle.

  (2) By January 1 of each year, the Department shall issue a written report to the Senate Budget and Taxation Committee and the House Appropriations Committee that shall contain for each grant or loan made under subsection (b) of this section:

    (i) The amount of each grant or loan;

    (ii) The name and address of each recipient;

    (iii) The location of the property for which the grant or loan was made; and

    (iv) If the recipient is a corporation, the name of each officer of the corporation.

#### Section 8-708

(a)

  (1) Except as provided in Sec. 8-708.1 of this subtitle, projects for dredging and marking channels and harbors, construction of jetties and breakwaters, and clearing debris, aquatic vegetation, and obstructions in navigable waters, as well as construction of marine facilities located within lands owned by the Department and construction of pump-out stations for use by the general boating public at public and private marinas, shall be financed solely by the Waterway Improvement Fund.

  (2) Any funds available from the federal government, any governing body, or any gift also may be used for the purposes included in paragraph (1) of this subsection.

(b)

  (1) Except for the construction of pump-out stations for use by the general boating public at public and private marinas, the governing body and the Waterway Improvement Fund jointly shall finance projects to construct marine facilities beneficial to the boating public.

  (2) Except as provided in paragraphs (3) and (4) of this subsection, the contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each project.

  (3) The Waterway Improvement Fund may finance completely:

    (i)

      (1) Subject to item 2 of this item, any construction project beneficial to the boating public that costs $500,000 or less, regardless of its location; and

      (2) Any marina construction project beneficial to the general boating public that costs $1,000,000 or less, regardless of its location;

    (ii) A project that involves the beneficial use of dredged material; and

    (iii) Any water quality monitoring by the Department.

  (4) The Waterway Improvement Fund may finance not more than 50% of the costs exceeding:

    (i) $500,000 for construction projects beneficial to the boating public; and

    (ii) $1,000,000 for marina construction projects beneficial to the general boating public.

(c)

  (1) The governing body shall pay its share of matching projects under subsection (b) of this section or shall repay the Waterway Improvement Fund for any loan authorized under subsection (d) of this section either by:

    (i) Means of appropriations from general funds; or

    (ii) Levying a special assessment or tax against each property owner whose property lies within the district.

  (2) The governing body may accept and use any gift for the cost of any project as part of the governing body's share of any matching fund project.

  (3) Any special assessment or tax levied by Anne Arundel County under paragraph (1)(ii) of this subsection may not apply to property that is exempt from taxation under Title 7, Subtitle 2 of the Tax - Property Article.

(d) In addition to the methods of financing provided in subsections (a) and (b) of this section, a governing body may borrow interest-free funds from the Waterway Improvement Fund for a waterway improvement project within a waterway improvement district. However, the amount borrowed from the Waterway Improvement Fund for these districts may not exceed 21% of the total attained revenue of the Waterway Improvement Fund from the previous fiscal year. A single project may not exceed 7% of the total attainment. The governing body shall repay the funds at a uniform rate over a period not to exceed 25 years as provided by agreement between the State and the governing body.

(e) The contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each acquisition, and the total amount of funds expended in any fiscal year for acquisitions and projects specified in Sec. 8-707(a)(8) and (10) of this subtitle may not exceed the amount of the motor fuel tax revenue paid to the Waterway Improvement Fund in the preceding fiscal year, as provided for in Sec. 2-1104 of the Tax - General Article.

(f) Notwithstanding any other provision of this subtitle, funds deposited in the Waterway Improvement Fund may be used for amortization and payment of interest on bonds issued for financing projects authorized under this subtitle.

#### Section 8-708.1

(a) Projects for dredging channels adjacent to federal, State, county or municipal main channels or harbors may be financed by interest-free loans to a governing body for the benefit of a residential property owner or a group of residential property owners with land abutting the adjacent channel.

(b)

  (1) Except as provided in paragraph (2) of this subsection, unless every residential property owner with land abutting the adjacent channel agrees to participate in the financing of the dredging project, the dredging project may not be approved.

  (2) If all residential property owners abutting a channel adjacent to a main channel or harbor agree to exempt a residential property owner or group of residential property owners from participating in the financing of the dredging project, the residential property owner or group of residential property owners shall be exempt.

(c) Repayments of the principal on loans made under this section shall be made by the governing body in accordance with Sec. 8-708(c) of this subtitle.

#### Section 8-709

(a) The Department shall include in its annual budget request an itemized list of requests for the use of any available money from the Waterway Improvement Fund for the projects under Sec. 8-707 of this subtitle. The Department's list shall include a brief description of each project, an estimate of its cost, and the benefits to be derived from it. The list shall designate which projects are financed solely by the Waterway Improvement Fund, which are matching fund projects, and which are interest-free loan projects.

(b) Notwithstanding the provisions of subsection (a) of this section, in any fiscal year the Department may expend from the Waterway Improvement Fund without legislative approval a total sum of not more than $350,000 in operating funds for small projects, subject to the limitation that a single project of this kind may not exceed $25,000 in cost to the Waterway Improvement Fund, and a sum of not more than $100,000 may be expended for boating safety and education.

(c) Notwithstanding the provisions of subsection (a) of this section, the Department may propose an appropriation from the Waterway Improvement Fund to support marine operations of the Natural Resources Police not exceeding:

  (1) $1,700,000 in the Department's fiscal year 2006 budget;

  (2) $2,000,000 in the Department's fiscal year 2007 through fiscal year 2025 budgets; and

  (3) $2,100,000 in the Department's fiscal year 2026 budget, and every year thereafter.

(d) Notwithstanding the provisions of subsection (a) of this section:

  (1) For fiscal year 2006 through fiscal year 2009, as provided in the State budget, the Department may use up to the following percentage of the money in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund:

    (i) In fiscal year 2006, 8%;

    (ii) In fiscal year 2007, 6%;

    (iii) In fiscal year 2008, 4%; and

    (iv) In fiscal year 2009, 2%.

  (2) Except as provided in paragraph (3) of this subsection, for each of the fiscal years after fiscal year 2009, the Department may use up to $750,000 in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund.

  (3) For fiscal year 2016 only, the Department may use up to $1,625,000 in the Waterway Improvement Fund for administrative expenses directly relating to implementing the purposes of the Waterway Improvement Fund.

(e)

  (1) Notwithstanding any other provision of law, for fiscal year 2026 and each fiscal year thereafter, the Department shall distribute at least $250,000 from the Waterway Improvement Fund to a statewide Maryland-based historic preservation nonprofit organization with demonstrated experience in grantmaking.

  (2) A nonprofit organization shall use any funds received under this subsection to establish, operate, and administer a maritime heritage competitive grant program to provide grants to nonprofit organizations in the State and instrumentalities of the State, counties, or municipalities engaged in maritime heritage preservation, interpretation, or conservation.

  (3) On or before November 30 each year, a nonprofit organization that receives funds under this subsection shall submit a report to the Department on the guidelines, promotion, selection, recipients, and impact of the organization's competitive grant program.

#### Section 8-709.1

(a) This section applies to any public or private marina that is located on the navigable waters of the State.

(b) Except as provided under Sec. 9-333 of the Environment Article, on or after July 1, 1989, a person may not construct:

  (1) Any additional slips at an existing marina that would result in a total slip capacity of more than 10 slips; or

  (2) A new marina with more than 10 slips on the navigable waters of the State.

#### Section 8-710

(a) A manufacturer or dealer may not conduct business in the State unless licensed as a manufacturer or dealer in accordance with regulations adopted by the Department.

(b) An out-of-state or foreign manufacturer or dealer shall be exempted from licensing solely for purposes of displaying and selling vessels at a boat show, boat exposition, or outdoor recreation show if the show or exposition is 14 consecutive days or less duration, admission taxes are paid on charges for admission to the show or exposition, and the manufacturer or dealer does not principally own, control, or manage the show or exposition.

(c)

  (1) Application for a manufacturer's or dealer's license is made on the form the Department prescribes and contains the name and address of the applicant.

  (2) If the applicant is a partnership, the application shall include the name and address of each partner.

  (3) If the applicant is a corporation, the application shall contain the names of the principal officers of the corporation, the state of incorporation, the addresses of every place where the business is conducted, the nature of the business, and any other information the Department requires.

  (4) Every application shall be verified by oath or affirmation of the applicant if an individual, or by the partner or officer if the applicant is a partnership or corporation.

  (5)

    (i) A license fee shall accompany every application.

    (ii) The Department shall set the license fee at an amount not to exceed $50.

(d) After receiving the required application and fee, the Department issues a license certificate to the applicant which entitles him to conduct business as a manufacturer or dealer during the calendar year in which the license is issued. Every license expires on December 31 of each year in which issued. The license may be renewed upon annual application and payment of the required fee.

(e)

  (1) The Department may refuse to issue a license or, after written notice to the licensee and a hearing, may cancel a license when the Department determines that the applicant or licensee has failed to comply with the provisions of this subtitle.

  (2) On petition of the Consumer Protection Division of the Office of the Attorney General, and after written notice to a licensee and a hearing, the Department may revoke or suspend the license of a dealer if the Department determines that the licensee has violated Sec. 13-301 or Sec. 13-303 of the Commercial Law Article.

(f) If, during the period for which a dealer's or manufacturer's license is issued, there is any change in the factual information furnished to the Department by the licensee in connection with obtaining or retaining the license or a renewal of the license, the change shall be truly, fully, and promptly communicated to the Department in writing on forms provided by the Department. The applicant shall sign the form and certify that the information given is true and correct.

#### Section 8-710.1

(a) Prior to the issuance of a boat dealer's or manufacturer's license, each applicant shall file with the Department acceptable evidence of a bond or other security deemed sufficient and adequate by the Department for the payment of fees and taxes the applicant receives based upon the applicant's volume of sales and the class of boat dealer's or manufacturer's license which the applicant has requested. The bond shall be for the use and benefit of the Department and any member of the public who suffers or sustains any loss by reason of any violation of this subtitle by the licensee, the licensee's agent, or the licensee's employee. The Department may also use the bond to recover any penalty and interest charged to the licensee based on a failure to pay the fees or taxes received by the applicant.

(b) If any licensee fails to file acceptable evidence that the bond required by this section has been extended prior to the expiration of the bond, the licensee's dealer's or manufacturer's license automatically is suspended upon expiration of the bond. The suspension shall terminate when the licensee files with the Department acceptable evidence of a bond or other security deemed sufficient and adequate by the Department for the payment of fees and taxes the licensee receives based upon the licensee's volume of sales and the class of boat dealer's and manufacturer's license which the licensee has been issued.

(c) An applicant for a boat dealer's or manufacturer's license who also is applying for a title service agent's license or a trailer dealer's license with the Motor Vehicle Administration may file evidence of a bond or other security deemed adequate and sufficient by both the Motor Vehicle Administration and the Department with respect to the applicant's obligations and liabilities under this section and Sec. 15-308 or Sec. 15-604 of the Transportation Article.

#### Section 8-710.2

(a) The Department may design temporary certificates of boat number and furnish them to any licensed boat dealer.

(b)

  (1) For any vessel that is to be used principally in Maryland, a licensed dealer may issue 1 temporary certificate of boat number to the person who buys the vessel from the dealer.

  (2) A dealer may not issue a temporary certificate of boat number unless:

    (i) The taxes and other fees as required by this subtitle are paid to the dealer; and

    (ii) An application for Maryland certificate of boat title and number or a purchaser's application for transfer of a Maryland certificate of boat title is completed and signed by the purchaser of the vessel.

  (3)

    (i) Before issuing a temporary certificate of boat number, the dealer shall complete the certificate by writing in the information required by the Department.

    (ii) A temporary certificate of boat number is not valid unless the dealer completes the certificate as required by this subsection.

  (4) The dealer may not issue more than 1 temporary certificate for any vessel. If the temporary certificate is lost, stolen, or destroyed, the owner must apply to the Department for a certificate of boat number.

  (5) Within 30 days after a dealer issues a temporary certificate of boat number, the dealer shall mail a copy of the temporary certificate to the Department.

(c) A temporary certificate of boat number expires when the first of either of the following occurs:

  (1) A certificate of boat number for the vessel is issued by the Department; or

  (2) 60 days expire from the date the temporary certificate was issued by the dealer.

(d) In addition to any other sanction under this subtitle, on failure of a dealer to forward to the Department taxes and fees within 30 days of collection, the Department may declare forfeited the bond or other security filed by the dealer under this subtitle.

(e) The Department may require the return of all temporary certificates from any dealer who has not complied with any provision of this subtitle.

#### Section 8-710.3

(a) A licensed boat dealer shall collect the excise tax on all sales of vessels to be titled and numbered and on all sales of vessels to be federally documented to be used in the State as required under Sec.Sec. 8-712 and 8-716 of this subtitle.

(b) A licensed boat dealer who operates a bare-boat charter shall insure that any owner of a vessel in the fleet of the dealer to be used in the State has:

  (1) Complied with Sec.Sec. 8-712 and 8-716 of this subtitle; and

  (2) Numbered the vessel to be chartered in the State as the state of principal use.

#### Section 8-711

(a) Every vessel whose construction is begun after October 31, 1972, shall have a hull identification number assigned and affixed as required by the Federal Boat Safety Act of 1971. The Department shall determine the procedures for application and for issuance of the hull identification number.

(b) A person may not destroy, remove, alter, cover, or deface the manufacturer's hull identification number, the plate bearing it, or any hull identification number the Department assigns to any vessel without the Department's permission.

#### Section 8-712

(a)

  (1) Any vessel equipped with propulsion machinery of any type on the waters of the State shall be numbered for identification in accordance with this subtitle and any regulation pursuant to it. This provision does not apply to the following vessels:

    (i) A vessel which has a valid document issued by the United States Coast Guard or its successor;

    (ii) A vessel with a valid number awarded pursuant to federal law or a federally approved numbering system of another state, if the number awarded is displayed in accordance with the requirements of that system, and the certificate of number is available for inspection whenever the vessel is in use;

    (iii) A vessel from a country other than the United States temporarily using the waters of the State for less than 90 days;

    (iv) A vessel used for public service and owned by the United States government, another state, or any political subdivision;

    (v) A ship's lifeboat;

    (vi) A vessel propelled only by sail;

    (vii) A vessel numbered according to the Federal Boat Safety Act of 1971; or

    (viii) A vessel manually propelled.

  (2) The Department, by regulation, for the period the Department prescribes may exempt any vessel or class of vessels from the numbering provisions of this subtitle, if the vessel or class of vessels is exempted from the federal numbering requirements by statute, or rule or regulation.

(b)

  (1) The owner of any vessel to be numbered by this subtitle shall file an application for a certificate of number with the Department.

  (2) The application is on forms the Department approves, accompanied by the requisite fee, and signed by every vessel owner.

  (3)

    (i) The owner of the vessel shall include with the application contact information to be used:

      (1) In the event of an emergency; or

      (2) If the vessel is at risk of becoming an abandoned or sunken vessel as defined in Sec. 8-721 of this subtitle.

    (ii) The contact information required under this paragraph shall include the mailing address, telephone number, and e-mail address for each owner of the vessel.

    (iii) The Department may require the owner of the vessel to provide alternate emergency contact information.

(c)

  (1)

    (i) Certificates of number issued under this section shall be valid for a period not to exceed 2 years.

    (ii) The owner of the vessel may apply every other year for renewal of the certificate.

    (iii) The renewed certificate shall expire on December 31 of the calendar year following the year the certificate is issued.

    (iv) The Department shall record any transaction or transfer of numbered boats.

    (v) The Department may record any amount of money owing on a vessel required to be numbered at the time of sale.

    (vi) The Department may not effect a transfer of ownership until the amount of money owed as shown on the records of the Department is fully paid or recorded on the new title.

    (vii) Any vessel that is required to be numbered under this section that is exempt before January 1, 1974, shall be exempt from payment of the excise tax imposed under Sec. 8-716 of this subtitle.

  (2) Except as provided in paragraph (3) of this subsection, the fee for:

    (i) An application for a certificate of number is $70; and

    (ii) A replacement or corrected certificate of number is $20.

  (3) Emergency rescue boats and fire boats that belong to fire departments or rescue squads in Maryland:

    (i) Shall be exempt from all registration fees, including a fee for a certificate of number; but

    (ii) Shall apply for a registration renewal every 2 years.

(d) Upon receipt of the application in approved form, the Department shall issue to the applicant a certificate of boat number which shall contain the boat number issued to the vessel and additional information the Department prescribes by regulation. The certificate of boat number shall be available for inspection when the vessel is in use. The owner shall paint on or attach the boat number to each side of the forward half of the vessel's hull or superstructure for which the boat number is issued, displaying the boat number in the manner required by Department regulations and maintaining the boat number in legible condition.

(e) If a vessel required to be numbered under this subtitle is sold, transferred, abandoned, lost, stolen, or destroyed, the vessel's certificate expires at the time of the sale, transfer, abandonment, loss, theft, or destruction and then is invalid.

(f) There is a $5 service charge for every check returned unpaid.

(g) The Department shall inform each holder of a certificate of boat number of the manner in which the boat owner may obtain a current copy of the U. S. Coast Guard rules and regulations applicable to the type of boat registered under the owner's boat number.

(h) If a person who applies for the issuance or renewal of a certificate of boat number for a vessel has an outstanding warrant for failing to appear in court to answer a charging document alleging a violation under this subtitle, the Department shall refuse to issue or renew the certificate of boat number for the vessel until the person charged has complied with the provisions of Sec. 1-205 of this article.

#### Section 8-712.1

(a)

  (1) An owner of a vessel that has a valid document issued by the U.S. Coast Guard and that is used principally on the waters of the State for pleasure shall apply to the Department for a Maryland use sticker.

  (2) The Department shall issue a Maryland use sticker to any person who submits an application and pays a fee as required by subsection (b) of this section.

  (3) The Maryland use sticker issued under this section shall be valid for a period not to exceed 2 years expiring on December 31 of the calendar year following the year the sticker is issued.

(b) The owner of the vessel shall:

  (1) Submit an application to the Department on the form that the Department requires and that is signed by every owner of the vessel; and

  (2) Pay to the Department the following fees:

    (i) An application fee of $70 for the 2-year sticker; and

    (ii) A fee of $20 for a replacement sticker.

(c) Within 30 days after the sale or other transfer of a vessel that is displaying or should display a sticker under this section:

  (1) The transferor shall give notice of the transfer to the Department on a form that the Department requires; and

  (2) If the transferee intends to continue to use the vessel principally on the waters of the State, the transferee shall submit an application for a Maryland use sticker and pay the fee as required by subsection (b) of this section.

(d) The Maryland use sticker shall be displayed on or about the forward half of the vessel.

(e) Unless the vessel that is subject to the requirement of this section displays a current sticker:

  (1) A person may not operate the vessel on the waters of the State; and

  (2) The owner may not knowingly permit the vessel to be operated on the waters of the State.

#### Section 8-712.2

(a)

  (1) Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, a person born on or after July 1, 1972, may not operate on the waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971 without first obtaining a certificate of boating safety education.

  (2) A person who is subject to the provisions of paragraph (1) of this subsection shall:

    (i) Possess the certificate of boating safety education when operating a vessel on waters of the State; and

    (ii) Show the certificate on the demand of a Natural Resources police officer or other law enforcement officer.

  (3) The following persons are exempt from the requirements of this section:

    (i) A person who is operating a vessel in connection with commercial purposes;

    (ii) A person who is a resident of another state and who is visiting the State for 60 days or less in a vessel that is numbered in another state if:

      (1) The person is 16 years old or older; or

      (2) The person has been issued a boating safety certificate in accordance with the provisions of subsection (c)(6) of this section;

    (iii) A person who is visiting the State for 90 days or less in a vessel from a country other than the United States;

    (iv) A person operating a vessel on a body of water located on private property; and

    (v) Any other person exempted by regulation of the Department.

  (4) When a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 is operated for pleasure on waters of the State, at least 1 person on the vessel must:

    (i) Possess the certificate of boating safety education; or

    (ii) Be exempt from the certification requirements of paragraph (1) of this subsection.

  (5) A person who is under the age of 16 and who operates a vessel numbered in accordance with this subtitle or in accordance with the Federal Boat Safety Act of 1971 must:

    (i) Possess a certificate of boating safety education;

    (ii)

      (1) If operating a vessel under 11 feet in length, be under the supervision of a person who has obtained a certificate of boating safety education and is aboard the vessel; or

      (2) If operating a vessel 11 feet in length or greater, be under the supervision of a person who is 18 years or older and has obtained a certificate of boating safety education and is aboard the vessel; or

    (iii) Be under the supervision of a person who was born before July 1, 1972, and is aboard the vessel.

(b)

  (1) The Department shall:

    (i) Adopt regulations that establish criteria for a course of instruction in boating safety education;

    (ii) Administer a verbal test when appropriate;

    (iii) Coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; and

    (iv) Ensure that a course of boating safety education is available at the earliest practicable age for children in boating communities.

  (2) Any course of boating safety education that is offered through a public school is not required to be more than 6 classes, or exceed a total of 8 hours.

  (3) The following persons may offer the course of instruction in boating safety education if approved by the Department:

    (i) The Department;

    (ii) The U.S. Coast Guard Auxiliary;

    (iii) The U.S. Power Squadron;

    (iv) A political subdivision;

    (v) A municipal corporation;

    (vi) An agency;

    (vii) A public or nonpublic school;

    (viii) A group;

    (ix) A firm;

    (x) An association; or

    (xi) Any other person.

(c)

  (1) The Department or the Department's designee shall issue a certificate of boating safety education to a person who:

    (i) Passes the course prescribed by the Department in boating safety education; or

    (ii) Passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education.

  (2) Upon request, the Department shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.

  (3)

    (i) Once issued, the certificate of boating safety education:

      (1) Is valid for the lifetime of the person to whom the certificate was issued; and

      (2) May not be revoked by the Department or a court of law.

    (ii) The Department shall replace, without charge, a lost or destroyed certificate if the Department issued the certificate or has a record that the certificate was issued by the U.S. Coast Guard or the U.S. Power Squadron.

  (4)

    (i) The Department or the Department's designee may issue a 30-day temporary certificate of boating safety education to a person who signs an affidavit stating that the person has read and understood the boating safety education materials provided by the Department.

    (ii) The 30-day temporary certificate of boating safety education issued in accordance with subparagraph (i) of this paragraph may be renewed for 1 additional 30-day period.

  (5) In lieu of a certificate of boating safety education issued by the Department, a license issued by the U.S. Coast Guard, or a boating safety certificate issued by a unit of the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, or a local board of education, is sufficient to comply with the requirements of this section.

  (6) In lieu of a certificate of boating safety education issued by the Department, a boating safety certificate issued in another state in accordance with criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section.

(d) On or after July 1, 1988, a person who is subject to the provisions of subsection (a)(1) of this section and who operates on waters of the State a vessel for pleasure that is required to be numbered in accordance with this subtitle or a vessel for pleasure that is required to be numbered in accordance with the Federal Boat Safety Act of 1971, in violation of any requirement of this section, is guilty of a misdemeanor and on conviction is subject to:

  (1) For a first offense, a fine not exceeding $25; and

  (2) For any subsequent offense that occurs within 2 years of a prior conviction under this section, a fine not exceeding $500.

(e) A juvenile charged with any violation under this section shall be charged as provided in Title 3, Subtitle 8A of the Courts Article.

(f)

  (1) A Natural Resources police officer or other law enforcement officer may enforce the provisions of this section only as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the Code or regulations adopted in accordance with another provision of the Code.

  (2) A person may be cited but not apprehended solely for a violation of this section.

#### Section 8-712.3

(a)

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

  (2) "Livery vessel owner" means a person who engages in whole or in part in the business of renting, leasing, or chartering a vessel that is less than 16 feet in length for a period of less than 24 hours.

  (3) "Seaworthy condition" means the ability to withstand ordinary stress of wind, waves, and other weather that the vessel might normally be expected to encounter.

(b) A livery vessel owner or an agent or employee of the livery vessel owner may not rent or offer for rent a vessel that is less than 16 feet in length to be operated on the waters of the State unless:

  (1) Each vessel is in seaworthy condition and equipped for the waters where the vessel is intended to be used; and

  (2) The livery vessel owner or agent or employee of the livery vessel owner possesses a boating safety certificate approved by the Department.

(c) A violation of subsection (b) of this section shall be considered a boating safety violation for purposes of Sec. 8-740(a) of this subtitle.

#### Section 8-712.4

(a)

  (1) An owner of a vessel may apply to the Department for a nonmotorized vessel decal if the vessel is:

    (i) Not equipped with propulsion machinery;

    (ii) Used principally on the waters of the State; and

    (iii) Not subject to the requirements of Sec. 8-712 or Sec. 8-712.1 of this subtitle.

  (2) The owner shall apply for a nonmotorized vessel decal on a form approved by the Department.

(b) A nonmotorized vessel decal:

  (1) Is valid for a period not to exceed 2 years; and

  (2) Expires on December 31 of the calendar year following the year the decal was issued.

(c) The fee for a nonmotorized vessel decal is $12.

(d) The nonmotorized vessel decal shall be displayed on the exterior of the vessel.

(e) Within 30 days after the sale or other transfer of a vessel displaying a nonmotorized vessel decal under this section:

  (1) The transferor shall give notice of the transfer to the Department on a form that the Department requires; and

  (2) If the transferee intends to continue to use the vessel principally on the waters of the State, the transferee may submit an application for a nonmotorized vessel decal and pay the fee required under subsection (c) of this section.

#### Section 8-713

A person may not operate or give permission to operate any vessel on the waters of the State unless the vessel is numbered as required by this subtitle.

#### Section 8-713.1

(a) This section does not supersede Sec. 4-1013(a) and (b) of this article, which provides for the display of an oyster dredge boat identification number.

(b) A person may not operate knowingly a vessel on the navigable waters of the State while the number, name, or home port designation of the vessel, as assigned or documented by the United States Coast Guard or cleared by the United States Customs Service, is concealed, covered, or defaced.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not less than 1 month and not exceeding 6 months or a fine of not less than $150 and not exceeding $500 or both.

(d) In addition to the penalties under subsection (c) of this section, the court may order that the vessel be:

  (1) Forfeited to the State; and

  (2) Delivered to the Department for the disposition that is most advantageous to the State in the discretion of the Department.

#### Section 8-714

(a) If a licensed dealer or manufacturer owns a vessel mainly used in the dealer's or manufacturer's business and held for sale and that otherwise is required to be numbered under this title, the dealer or manufacturer may apply to the Department for the issuance of as many dealer's or manufacturer's certificates of number as are required for the normal operation of business and as the Department authorizes. A broker licensed as a dealer may not obtain manufacturer's or dealer's certificates.

(b) Numbers displayed by authority of manufacturer's or dealer's certificates of number may be transferred from 1 vessel to another vessel owned by the manufacturer or dealer and may be affixed in a temporary manner. These numbers shall be used only on vessels demonstrated, tested, or owned by the manufacturer or dealer, and these numbers are not valid for use on the vessels when chartered, rented, or leased by the manufacturer or dealer.

(c)

  (1) Each application for the manufacturer's or dealer's certificates of number shall be on forms the Department approves and be accompanied by a fee of $70.

  (2) The certificate of number issued under this section is valid for a period not to exceed 2 years and shall expire on December 31 of the calendar year following the year the certificate is issued.

#### Section 8-715

(a) Except as provided in subsection (d) of this section, any owner of a vessel principally used on the waters of the State and to be numbered shall apply to the Department for a certificate of title for the vessel.

(b) Each certificate of title shall contain the information and shall be issued in a form the Department prescribes.

(c) The Department may not issue or renew a certificate of number to any vessel required to be registered and numbered in the State unless the Department has issued a certificate of title to the owner.

(d) A person who on July 1, 1965, is the owner of a vessel with a valid certificate of number issued by the State is not required to file an application for a certificate of title for the vessel unless the person:

  (1) Transfers any part of the person's interest in the vessel; or

  (2) Renews the certificate of number for the vessel.

(e) Every owner of a vessel subject to titling under the provisions of this subtitle shall apply to the Department for issuance of a certificate of title for the vessel within 30 days after acquisition. The application shall be on forms the Department prescribes, and accompanied by the required fee and tax. The application shall be signed and sworn to before a notary public or other person who administers oaths, or a certification signed in writing containing substantially the representation that statements made are true and correct to the best of the applicant's knowledge, information, and belief, under penalty of perjury. The application shall contain the date of sale and gross price of the vessel or the fair market value if no sale immediately preceded the transfer, and any additional information the Department requires. If the application is made for a vessel last previously registered or titled in another state or foreign country, the application shall contain this information and any other the Department requires.

(f) If a dealer buys or acquires a used vessel for resale, the dealer shall report the acquisition to the Department on forms the Department provides, or the dealer may apply for and obtain a certificate of title as provided in this subtitle. If a dealer buys or acquires a used non-Maryland numbered vessel, the dealer shall apply for a certificate of title in the dealer's name within 15 days. If a dealer buys or acquires a new vessel for resale, the dealer may apply for a certificate of title in the dealer's name. These transactions are exempt from title tax.

(g) Every dealer transferring a vessel requiring titling under this subtitle shall assign the title to the new owner or, in the case of a new vessel, assign the certificate of origin. Within 30 days, the dealer shall forward all title taxes, fees, and applications to the Department.

(h) The Department shall maintain a record of any certificate of title the Department issues.

(i) A person may not sell, assign, or transfer a vessel titled by the State without delivering to the purchaser or transferee a certificate of title with an assignment on the certificate of title showing title in the purchaser or transferee. A person may not purchase or otherwise acquire a vessel required to be titled by the State without obtaining a certificate of title for the vessel in the person's name.

#### Section 8-716

(a)

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

  (2) "Commissioning procedures" means the initial outfitting of a vessel immediately after the purchase of the vessel, including the installation of rigging, electronic gear, propulsion machinery, generators, or other related gear.

  (3) "Fair market value" means:

    (i) As to the sale of any vessel by a licensed dealer or a dealer licensed by another state or a foreign country, the total purchase price, as certified by the dealer on a form acceptable to the Department, less the value of any vessel that is traded in as part of the consideration for the sale, which trade-in value may not exceed the value for the trade-in vessel as shown in a national publication of used vessel values adopted by the Department;

    (ii) As to any other vessel that is sold by any person other than a licensed dealer, the greater of:

      (1) The total purchase price; or

      (2) $100; or

    (iii) As to any other vessel that is sold by any person other than a licensed dealer, either:

      (1) The total purchase price, if verified by means of a certified bill of sale approved by the Department, in which the actual price paid for the vessel is stated; or

      (2) The valuation shown in a national publication of used vessel values adopted by the Department if a certified bill of sale does not accompany the application.

  (4) "Sea trial" means a period of on-the-water operations, not to exceed 1 day, that is conducted:

    (i) For the purpose of testing the effectiveness of specific maintenance, repairs, or commissioning procedures; or

    (ii) For a vessel held for resale by a licensed dealer under this section.

  (5) "Total purchase price" means the price of a vessel, including simultaneously purchased motors, spars, sails, and accessories exclusive of trailer, agreed on by the buyer and seller, with no deduction for trade-in or other nonmonetary consideration.

  (6) "Used principally in this State" means that this State is the state of principal use as defined in Sec. 8-701(p) of this subtitle, except that in calculating where the vessel is used or used most, a vessel is not considered to be in use for any period of time that it is held for maintenance, repair, or commissioning for 30 consecutive days or more.

  (7)

    (i) "Vessel" has the meaning indicated in Sec. 8-701(s) of this subtitle.

    (ii) "Vessel" does not include a ship's lifeboat, a vessel propelled only by sail, or vessel manually propelled.

(b) The Department shall charge a $20 fee to issue a certificate of title, a transfer of title, or a duplicate or corrected certificate of title.

(c)

  (1) Subject to the limitation under paragraph (3) of this subsection and except as provided in Sec. 8-715(d) of this subtitle and in subsections (e) and (f) of this section, and in addition to the fees prescribed in subsection (b) of this section, an excise tax is levied at the rate of 5% of the fair market value of the vessel on:

    (i) The issuance of every original certificate of title required for a vessel under this subtitle;

    (ii) The issuance of every subsequent certificate of title for the sale, resale, or transfer of the vessel;

    (iii) The sale within the State of every other vessel; and

    (iv) The possession within the State of a vessel used or to be used principally in the State.

  (2)

    (i) Notwithstanding the provisions of this subsection, no tax is paid on issuance of any certificate of title if the owner of the vessel for which a certificate of title is sought was the owner of the vessel before June 1, 1965, or paid Maryland sales and use tax on the vessel as required by law at the time of acquisition.

    (ii) The Department may require the applicant for titling to submit satisfactory proof that the applicant owned the vessel before June 1, 1965.

  (3)

    (i) Subject to subparagraph (ii) of this paragraph, the excise tax imposed under this subsection may not exceed $15,000 for any vessel.

    (ii) The maximum amount of the excise tax imposed for any vessel as specified in subparagraph (i) of this paragraph shall be increased by $100 on:

      (1) July 1, 2016; and

      (2) July 1 of each subsequent year.

(d) If the tax is not collected by a licensed dealer pursuant to Sec. 8-716.1 of this subtitle, the owner, whether or not applying for the issuance of a title, shall remit the tax directly to the Department within 30 days of the date of sale or, in the case of a vessel purchased outside the State, within 30 days of the date upon which the possession within the State became subject to the tax.

(e) A person is not required to pay the tax provided for in subsection (c) of this section resulting from:

  (1) A transfer between members of the immediate family as determined by Department regulations;

  (2) A transfer between members of the immediate family as determined by Department regulations of a documented vessel for which the transferor applied for and was issued a valid use sticker under Sec. 8-712.1 of this subtitle;

  (3) A transfer to a licensed dealer of a vessel for resale, rental, or leasing purposes;

  (4) The holding of a vessel that is titled or numbered in another state or is federally documented, provided:

    (i) The vessel is held for resale or listed for resale by a licensed dealer; and

    (ii) The vessel owner signs an affidavit that there will be no use of the vessel on the waters of the State other than for a sea trial;

  (5) Purchase of a vessel by the State or any political subdivision;

  (6) Purchase of a vessel by an eleemosynary organization which the Secretary has approved;

  (7) The purchase within the State of a vessel if the owner paid or incurred a liability for the Maryland sales and use tax on the vessel prior to July 1, 1986;

  (8) The possession within the State of a vessel which was purchased outside the State if the owner paid or incurred a liability for the Maryland use tax on the vessel prior to July 1, 1986;

  (9) The possession of a vessel in the State that is not used or to be used principally on the waters of the State and for which the issuance of a title is not sought or required under this subtitle, except that:

    (i) A vessel is not deemed used on the waters of the State if the vessel is used for 90 days or less of a calendar year; and

    (ii) If a vessel is used for more days than 90 days in a calendar year, the period of 90 days shall be counted in the determination of principal use under this subtitle;

  (10) The possession within the State of a vessel if the current owner, before July 1, 1986:

    (i)

      (1) Was licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft-shell clams, hard-shell clams, oysters, or any other fish; and

      (2) Used the vessel for any of the commercial fishing purposes described in item 1 of this item; or

    (ii)

      (1) Was licensed as a commercial fishing guide under the provisions of Sec. 4-210 of this article; and

      (2) Used the vessel as a charter boat with a license as provided in Sec. 4-745(d)(2) of this article;

  (11) The possession within the State of a vessel that:

    (i) Is owned by a nonprofit organization that:

      (1) Is qualified as tax exempt under Sec. 501(c)(4) of the Internal Revenue Code; and

      (2) Is engaged in providing a program to render its best efforts to contain, clean up, and otherwise mitigate spills of oil or other substances occurring in United States coastal and tidal waters; and

    (ii) Is used for the purposes of the organization;

  (12) The possession within the State of a vessel for a period of not more than one year if the current owner is a member of the armed services and is serving on active duty in this State; or

  (13) The sale of a vessel within the State if:

    (i) The vessel is purchased from a licensed dealer;

    (ii) The issuance of a title is not sought or required;

    (iii) The vessel is not used or to be used principally on the waters of this State;

    (iv) The vessel is duly registered in another jurisdiction within 30 days of the date of purchase; and

    (v) The dealer and the purchaser execute an agreement certifying the state of principal use for the vessel which is filed with the Department within 30 days of the date of purchase.

(f)

  (1) This subsection applies to possession within the State of a vessel if:

    (i) The vessel was formerly:

      (1) Titled or numbered in another jurisdiction; or

      (2) Federally documented and principally used in another jurisdiction;

    (ii) The present owner has paid a sales or excise tax on the vessel to the other jurisdiction; and

    (iii) The jurisdiction to which the tax was paid would allow an exemption or credit under its sales or excise tax for excise tax on a vessel formerly paid to the State.

  (2) For a vessel described in paragraph (1) of this subsection:

    (i) If the rate of the tax paid to the other jurisdiction is not less than the rate under subsection (c) of this section, the tax imposed under subsection (c) of this section does not apply to possession of the vessel within the State;

    (ii) If the rate of the tax paid to the other jurisdiction is less than the rate under subsection (c) of this section, the rate of the tax imposed under subsection (c) of this section on possession of the vessel within the State is the difference between the tax rate paid to the other jurisdiction and the rate under subsection (c) of this section; and

    (iii) The Department may require the taxpayer to submit satisfactory proof of the payment of a tax to another jurisdiction and the rate of tax paid and, where applicable, evidence of principal use of a federally documented vessel in another jurisdiction.

  (3) This subsection is applicable to any vessel incurring a liability for Maryland boat excise tax on or after July 1, 1986.

(g)

  (1) A person may claim a credit against any tax imposed under subsection (c) of this section on a vessel for sales tax the person has paid to the State, to another state, or to the District of Columbia on materials and equipment that are incorporated into the vessel, if:

    (i)

      (1) The person is licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft-shell clams, hard-shell clams, oysters, or any other fish; and

      (2) The vessel is to be used for any of the commercial fishing purposes described in item 1 of this item; or

    (ii)

      (1) Was licensed as a commercial fishing guide under the provisions of Sec. 4-210 of this article; and

      (2) Used the vessel as a charter boat with a license as provided in Sec. 4-745(d)(2) of this article.

  (2) The Department may require a person claiming the credit allowed under this subsection to submit satisfactory proof of payment of the sales tax and that the materials or equipment have been incorporated into the vessel.

(h) If the Department determines there has been an overpayment of the tax on a vessel, or an overpayment has resulted for any other reason, the Department may submit the overpayment and supporting data whether accompanied by a written claim or not to the State Comptroller for refund to the appropriate person.

(i)

  (1) For purposes of subsection (a)(6) of this section, a vessel is deemed to be held for maintenance, repair, or commissioning if:

    (i) The maintenance, repair, or commissioning work is provided in exchange for compensation;

    (ii) The maintenance, repair, or commissioning work is performed pursuant to a schedule preestablished with one or more marine contractors; and

    (iii) The total cost of the maintenance, repair, or commissioning work is at least two times the reasonable current market cost of docking or storing the vessel.

  (2) Time spent conducting sea trials shall be included when calculating the period of time a vessel is held for maintenance, repair, or commissioning under subsection (a)(6) of this section.

#### Section 8-716.1

(a) The dealer shall collect the excise tax for the Department. For collecting and remitting the tax, a dealer may keep 1.2% of the gross tax the dealer collects. A dealer may not keep 1.2% of any gross tax amounts which were not forwarded to the Department within 30 days of collection, unless a waiver has been approved by the Secretary.

(b) If the Department finds that a dealer has forwarded less than the amount of tax due and does not have adequate records or has incorrect records of sales or resales of new or used vessels and that the amount of excise tax collected for the Department on these sales cannot be determined accurately, the Department shall determine the taxable sales of the dealer for any period involved and compute the tax from the best information available. The computation shall be prima facie correct. However, if any dealer fails to keep any record of sales of vessels, the Department may determine the tax due to the Department by using a factor developed by surveying the business of the dealer, including any records available, or by surveying other taxpayers of the same type or otherwise compute the amount of tax due. This computation shall be prima facie correct.

(c) As provided in subsection (b) of this section, if the Department determines the taxable sales and computes the tax due, the Department shall levy against the dealer a deficiency assessment consisting of a penalty of 10%, plus interest at a rate of 1.5% per month, or fraction of a month, from the time the tax was due until paid. All amounts received from any dealer under this subsection shall be credited first to penalty and interest accrued and then to tax due.

(d)

  (1) If a person obligated to pay the tax fails to pay the tax when due, there shall be assessed against the person, in addition to the tax due, a penalty of 10% plus interest at the rate of 1.5% per month or fraction of a month from the time the tax was due until paid. This penalty and interest may be waived by the Secretary if, within 30 days from the date of mailing of the notice of assessment, the taxpayer files an appeal showing cause why the tax is not paid when due. Any amounts received from any dealer or owner under this subsection shall be credited first to penalty and interest accrued and then to tax due.

  (2) If the failure to pay the tax is due to an attempt to defraud, then the penalty shall be, in lieu of the penalty more specifically provided for under paragraph (1) of this subsection, 100% of the tax due plus interest at the rate of 1.5% per month or fraction of a month from the time due until paid.

(e)

  (1) If the Department finds that any dealer or other person liable for the tax imposed by this subtitle intends to depart from the State, remove the dealer's or other person's property from the State, conceal the dealer or other person or their property in the State, or do any other act tending to prejudice or render wholly or partly ineffectual proceedings to collect the tax, the Department shall notify the dealer or other person of its findings and demand an immediate payment of the tax, interest, and penalty.

  (2) If the amount of tax, interest, and penalty specified in the notice of jeopardy assessment is not paid within 10 days of the service of the notice, the Department may bring any action that the Department considers advisable for the prompt collection of the tax.

  (3) If, within 10 days of the service of the notice, the person liable for the tax files with the Department satisfactory evidence that the person is not in default in paying the tax or that the person will duly return and pay the tax, then the tax is not payable before the time otherwise required by this section. However, in each case, the findings of the Department as to the responsibility of the person liable for the tax are final and conclusive.

(f)

  (1) The tax imposed by this subtitle and all increases, interests, and penalties on the tax shall become, from the time due and payable, a personal debt of the person liable to pay the tax to the State of Maryland. An action may be brought at any time within 3 years from the time the tax shall be due and payable by the Department in the name of the State to recover the amount of any taxes, penalties, and interest due under the provisions of this subtitle, but if there is proof of fraud or gross negligence, there shall be no limitation of the period in which the action may be brought. Proof of negligence amounting to 25% or more of the tax due shall be prima facie evidence of gross negligence.

  (2) The tax and all increases, interests, and penalties on the tax shall be a lien upon all the property, real or personal, of any person liable to pay the tax to the State from and after the time when notice has been given that the tax has become due and payable as provided in this section. Notice of the lien shall be filed promptly by the Department with the clerk of the circuit court of the county in which the property is located or Baltimore City. Each clerk of court accurately and promptly shall record and index all the notices of lien filed with the clerk by the Department and shall enter the lien in the judgment docket of the court, stating the name of the delinquent taxpayer, the amount of the lien and the date of the lien. The lien provided for in this section shall have the full force and effect of a lien of judgment. Unless another date is specified by law, the lien arising at the date of nonpayment, as in this section specified and provided for, shall continue with the same force and effect as a judgment lien. Any judgment lien on personal property is not effective as against an innocent purchaser for value, unless the personal property has been levied upon by an officer of a court.

(g) If a person or entity liable for the excise tax and for the interest and penalties of the tax under this subtitle is a corporation or limited liability company or limited liability partnership, including a limited partnership registered as a limited liability limited partnership, personal liability for the excise tax and for the interest and penalties of the tax extends to:

  (1) In the case of a corporation:

    (i) The president, vice president, or treasurer of the corporation; and

    (ii) Any officer of the corporation who directly or indirectly owns more than 20% of the stock of the corporation;

  (2) In the case of a limited liability company:

    (i) If the limited liability company does not have an operating agreement, all members; or

    (ii) If the limited liability company has an operating agreement, those individuals who manage the business and affairs of the limited liability company; and

  (3) In the case of a limited liability partnership:

    (i) If the limited liability partnership does not have a written partnership agreement, all general partners; or

    (ii) If the limited liability partnership has a written partnership agreement, those individuals who manage the business and affairs of the limited liability partnership.

(h) A member of a limited liability company does not manage the business and affairs of the limited liability company under subsection (g) of this section solely by doing one or more of the following:

  (1) Consulting with or advising the individuals who manage the business and affairs of the limited liability company;

  (2) Directing the management of the limited liability company in the same manner as a director of a corporation directs the management of a corporation; or

  (3) Voting on any matter required to be voted on by the members of the limited liability company, including but not limited to:

    (i) The approval or disapproval of amendments to the operating agreement;

    (ii) The termination and winding up of the limited liability company;

    (iii) The sale, exchange, lease, mortgage, pledge, or other transfer of a material portion of the assets of the limited liability company;

    (iv) The incurring of indebtedness by the limited liability company other than in the ordinary course of its business;

    (v) A change in the nature of the business of the limited liability company;

    (vi) The expulsion or admission of a member;

    (vii) The appointment or discharge of a manager;

    (viii) The merger of the limited liability company with or into any other entity; or

    (ix) Any matter related to the business of the limited liability company not otherwise enumerated in this subsection that the operating agreement states may be subject to the approval or disapproval of the members.

(i) The possession or exercise of powers other than those contained in subsection (h) of this section by a member does not necessarily constitute management by the member of the business or affairs of the limited liability company.

(j) The same rules and exceptions applicable to a member of a limited liability company set forth in subsections (h) and (i) of this section shall be applicable to individuals and members of limited liability partnerships.

(k) Notwithstanding any other provision of law, the Department may not collect or enforce any liability for the Maryland use tax that was incurred before July 1, 1986, on a vessel owned by a person who at the time the liability was incurred:

  (1)

    (i) Was licensed by the Department to catch, for commercial purposes, finfish, eels, crabs, conch, soft-shell clams, hard-shell clams, oysters, or any other fish; and

    (ii) Used the vessel for any of the commercial fishing purposes described in item (i) of this item; or

  (2)

    (i) Was licensed as a commercial fishing guide under the provisions of Sec. 4-210 of this article; and

    (ii) Used the vessel as a charter boat with a license as provided in Sec. 4-745(d)(2) of this article.

(l) An assessment of tax under this subtitle is prima facie correct.

(m)

  (1) A dealer or other person liable for the tax imposed by this subtitle may not:

    (i) Willfully fail to collect the tax;

    (ii) Willfully fail to remit the tax;

    (iii) Willfully make any false statement or misleading omission with regard to the tax;

    (iv) Willfully fail to keep records in accordance with this subtitle and any regulations pursuant to this subtitle; or

    (v) Willfully evade payment of the tax by any means.

  (2) Any person violating this subsection is guilty of a misdemeanor and upon conviction is subject to the penalties set forth in Sec. 8-739 of this subtitle.

#### Section 8-716.2

(a) For the purpose of enforcing the provisions of this subtitle, the Department or any duly authorized agent or representative:

  (1) May conduct investigations and hold hearings concerning any matter covered by this subtitle at any time or place within the State of Maryland;

  (2) In the conduct of any investigation or hearing, may require by subpoena or summons the attendance and testimony of witnesses and the production of any books, accounts, records, papers, and correspondence, relating to any matter which the Department is authorized by this subtitle to determine; and

  (3) May sign subpoenas, administer oaths and affirmations, examine witnesses, and receive evidence.

(b) In case of disobedience of any subpoena or the contumacy of any witness appearing before the Department or its duly authorized agent or representative, the Department may apply to the circuit court of any of the counties or Baltimore City for an order. The circuit court may issue an order requiring the person subpoenaed to obey the subpoena or to give evidence or produce books, accounts, records, papers, and correspondence touching the matter in question. Any failure to obey the order of court may be punished by the court as a contempt of court.

(c) A person may not be excused from testifying or producing any books, papers, records, or data in any investigation or upon any hearing when ordered to do so by the Department or its duly authorized agent or representative, upon the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate the person or subject the person to criminal penalty, but the testimony or evidence, documentary or otherwise, may not be used in any subsequent prosecution against the individual supplying the testimony or evidence. An individual so testifying is not exempt from prosecution and punishment for perjury committed in so testifying.

(d) Any notice authorized or required under the provisions of this subtitle may be given by mailing the notice to the person for whom the notice is intended in a postpaid envelope addressed to the person at the address given in any application made by the person pursuant to the provisions of this subtitle. If no application has been made, notice may be given by mailing the notice to the address of the person for whom the notice is intended as may be obtainable. The mailing of the notice shall be presumptive evidence of the receipt of the notice by the person to whom the notice is addressed. Any period of time which is determined according to the provisions of this subtitle by the giving of notice shall commence to run from the date of mailing of the notice.

(e)

  (1) Any person held liable for the tax imposed by this subtitle may apply for a revision of the tax and any penalty and interest assessed against the person by the Department. An application shall be made in writing to the Department within 30 days of the date that the person was notified of the assessment by the Department. Within 30 days of the receipt of the application, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act in Title 10 of the State Government Article. Within 30 days after the hearing, the Department shall render a decision on the application for revision of the assessment of tax, penalty, and interest and so notify the applicant in writing by mail.

  (2) Any person dissatisfied with the final decision of the Department upon application for revision of any assessment may obtain immediate judicial review of the decision under the provisions of the Administrative Procedure Act and the Maryland Rules.

#### Section 8-717

(a) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the Department's records within 30 days shall obtain a duplicate by applying to the Department. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, mutilation, or destruction as the Department requires. Mutilated or illegible certificates shall be returned to the Department with the application for a duplicate.

(b) The duplicate certificate of title shall be marked plainly "duplicate" across its face, and mailed or delivered to the applicant.

(c) If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the Department for cancellation.

#### Section 8-718

(a) In this subtitle, "certificate of origin" means a certification by the manufacturer, on a form the Department approves, that:

  (1) Certifies that the vessel described in the certificate has been transferred to the dealer or other person named and that the transfer of the vessel is in ordinary trade and commerce; and

  (2) Describes the vessel by including:

    (i) Its make, model, length, year, hull identification number, type of vessel, horsepower rating of engine, if any, and the engine number; and

    (ii) Any other information that the Department requires.

(b) A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certificate shall contain information the Department requires.

#### Section 8-719

Every dealer shall maintain for 3 years a record of any vessel the dealer bought, sold, exchanged, or received for sale or exchange. This record shall be open to inspection by Department representatives during reasonable business hours.

#### Section 8-720

(a) If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within 30 days after the transferee has acquired the right to possession of the vessel by operation of law, shall mail or deliver to the Department satisfactory proof of the transferee's ownership as the Department requires, together with his application for a new certificate of title, and the required fee. A title tax is not required on these transactions.

(b)

  (1) The Department may transfer on its records the ownership of a vessel that has been repossessed by a secured party, if the secured party pays the fee required for transfer of a title and submits to the Department a certification that states:

    (i) That the secured party has a security interest in the vessel;

    (ii) That, on the basis of the security agreement or other lawful basis, the secured party has a right to the possession of and title to the vessel;

    (iii) That the secured party has possession of the vessel; and

    (iv) Any other information that the Department requires.

  (2) A secured party that repossesses a vessel is not required to pay the title tax.

  (3) On submission of the certification to it, the Department may issue a new certificate of title if it is satisfied that the secured party is entitled to one.

#### Section 8-720.1

(a) An individual who is the sole owner of a vessel or multiple individuals who co-own a vessel as joint tenants with right of survivorship or tenants by the entirety may apply to the Department to designate a beneficiary to take ownership of the vessel on the death of the sole owner or the last surviving co-owner.

(b) The designation of a beneficiary may be shown by the words "transfer-on-death" or the abbreviation "TOD" after the name of the registered owner on a certificate of title.

(c)

  (1) The designation of a beneficiary for a vessel does not affect the ownership of the vessel until the death of the sole owner or the last surviving co-owner of the vessel.

  (2) The designation of a beneficiary may be revoked or changed at any time before the death of the sole owner or the last surviving co-owner without the consent of the beneficiary by applying to the Department.

(d) The designation of a beneficiary is not required to be supported by consideration and the certificate of title of the vessel for which the designation is made is not required to be delivered to the beneficiary in order for the designation to be effective.

(e) On the death of the sole owner or the last surviving co-owner of a vessel who has designated a beneficiary, ownership of the vessel shall pass to the beneficiary if the beneficiary survives the sole owner or the last surviving co-owner.

(f)

  (1) A designated beneficiary who survives the sole owner or the last surviving co-owner shall apply to the Department for a new certificate of title for the vessel.

  (2) An application for a certificate of title by a beneficiary following the death of the sole owner or last surviving co-owner shall include:

    (i) The original certificate of title designating the beneficiary;

    (ii) A death certificate for the deceased sole owner or each deceased co-owner;

    (iii) Proof of the identity of the beneficiary; and

    (iv) Any applicable taxes or fees.

(g) If a designated beneficiary does not survive the death of the sole owner or last surviving co-owner, the vessel is part of the estate of the deceased sole owner or last surviving co-owner.

(h) This section does not limit the rights of creditors of vessel owners against beneficiaries and other transferees under other laws of the State.

(i) The Department may charge a fee, not to exceed its costs, for issuing a certificate of title under this section.

(j) The Department may adopt regulations to carry out this section.

#### Section 8-721

(a) In this section, "abandoned or sunken vessel" means any vessel that:

  (1) Is left illegally or has remained without permission for more than 30 days on public property, including public marinas, docks, or boatyards;

  (2) Has remained at the following locations for more than 60 days without the consent of the owner or person in control of the property:

    (i) A private marina or property operated by a private marina; or

    (ii) A private boatyard or property operated by a private boatyard;

  (3) Has remained at the following locations for more than 30 days without the consent of the owner or person in control of the property:

    (i) A private dock; or

    (ii) At or near waters' edge on private property;

  (4) Has remained on private property other than the private property described in items (2) and (3) of this subsection for more than 180 days without the consent of the owner or person in control of the property; or

  (5)

    (i) Has been found adrift or unattended in or upon the waters of the State and:

      (1) Is found in a condition of disrepair;

      (2) Presents a hazard or obstruction to the use of the waters of the State; or

      (3) Presents a potential health or environmental hazard; and

    (ii) Is not:

      (1) Historic property as defined in Sec. 5A-301 of the State Finance and Procurement Article; or

      (2) Submerged archaeological historic property as defined in Sec. 5A-333 of the State Finance and Procurement Article.

(b)

  (1) The Department may seize, remove, and take into custody any abandoned or sunken vessel.

  (2) For this purpose, the Department may use its own personnel, equipment, and facilities or use other persons, equipment, and facilities for removing, preserving, or storing abandoned or sunken vessels.

  (3) The Department, or a person removing, preserving, or storing an abandoned or sunken vessel on behalf of the Department, may not be held liable for any damage to an abandoned or sunken vessel which may occur during removal, storage, or custody of the vessel.

(c)

  (1) Except as provided in subsection (g)(2) of this section, not later than 15 days before an abandoned or sunken vessel is seized, removed, or taken into custody under subsection (b) of this section, the Department shall:

    (i) Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel, as shown on the records of the Department; and

    (ii) Attempt, by telephone or e-mail, to contact:

      (1) The registered owner of the vessel at the telephone number or e-mail address shown on the records of the Department; and

      (2) If the application for a certificate of number under Sec. 8-712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, as soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody, the Department shall:

      (1) Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel and to each known secured party, as shown on the records of the Department; and

      (2) Attempt, by telephone or e-mail, to contact:

      (A) The registered owner of the vessel at the telephone number or e-mail address shown on the records of the Department; and

      (B) If the application for a certificate of number under Sec. 8-712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

    (ii) As soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody in accordance with subsection (g)(2) of this section, the Department shall:

      (1) Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel and to each known secured party, as shown on the records of the Department; and

      (2) Attempt, by telephone or e-mail, to contact:

      (A) The registered owner of the vessel at the telephone number or e-mail address shown on the records of the Department; and

      (B) If the application for a certificate of number under Sec. 8-712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.

(d) The notices required by subsection (c) of this section shall:

  (1) Describe the vessel;

  (2) If the vessel was taken into custody in accordance with subsection (g)(2) of this section, describe the actual or potential hazard mitigated by removal of the vessel;

  (3) Give the location where the vessel is being held;

  (4) Inform the owner and secured party of a right to reclaim the vessel within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon payment to the Department of any expenses incurred during removal and custody of the vessel; and

  (5) State that failure to claim the vessel will constitute:

    (i) A waiver of all right, title, and interest in the vessel; and

    (ii) A consent to the Department's disposition of the vessel.

(e)

  (1) If the Department is unable to determine the last registered owner or the identity of any secured party of the abandoned or sunken vessel, or if the certified mail notice required under subsection (c) of this section is returned as undeliverable and telephone calls and e-mails are unanswered, unreturned, or undeliverable, the Department shall give the required notice:

    (i) By publication in at least 1 newspaper of general circulation in the area where the abandoned or sunken vessel was found;

    (ii) Through digital media, including posting on the Department's website and social media platforms; or

    (iii) By attaching to the vessel in a clearly visible place a distinctively colored notification sticker or tag that contains the following information:

      (1) The date and time the notification was affixed to the vessel;

      (2) A statement that, in accordance with this section, if the vessel is not removed within 60 days after the date the notification sticker or tag was affixed, the vessel may be seized, removed, taken into custody and sold at public auction, acquired by title under Sec. 8-722 of this subtitle, or otherwise disposed of; and

      (3) The location and telephone number where additional information may be obtained.

  (2) The notice by publication shall contain the information required under subsection (d) of this section and shall be published within 30 days of the seizure of the abandoned or sunken vessel, or within 15 days of:

    (i) The return of the certified mail notice as undeliverable; and

    (ii) The attempt, by telephone or e-mail, to contact the registered owner.

(f) If the owner or secured party fails to claim the abandoned or sunken vessel within 3 weeks after the notice required under subsection (c) of this section or after the notice by publication is given or within 60 days after the notice authorized under subsection (e)(1)(iii) of this section, the Department may sell the vessel at public auction, proceed to receive title to the vessel pursuant to Sec. 8-722 of this subtitle, or otherwise dispose of the vessel.

(g)

  (1) If the abandoned or sunken vessel is in such a condition of disrepair that the Department cannot remove the vessel intact, the Department may dispose of the vessel in whatever manner is reasonable without providing the notice required under subsections (c) through (e) of this section.

  (2)

    (i) If the Department determines that an abandoned or sunken vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, or a potential environmental hazard, the Department shall take the vessel into custody without providing the notice required under subsection (c)(1) of this section.

    (ii) The Department shall keep a written record of a determination made under this paragraph, including the actual or potential hazards mitigated by removal of the vessel.

(h) The Department may delegate the Department's authority to remove and dispose of abandoned or sunken vessels under this section to any local jurisdiction that consents to the delegation.

(i) The Department, in consultation with the Director of the Maryland Historical Trust, may adopt regulations to implement this section.

(j) The Department may not use funds budgeted for the Natural Resources Police for the purpose of removing or storing abandoned or sunken vessels under this section.

#### Section 8-721.1

(a) The owner or operator of a marina or the owner's or operator's agent may have a vessel removed from the marina by a private person if the vessel has remained on the marina premises without permission for more than 48 hours and the owner, operator, or agent has placed in conspicuous locations signs that:

  (1) State that vessels left at the marina without permission for more than 48 hours are subject to removal at the vessel owner's expense;

  (2) State the location to which the vessel will be removed;

  (3) State that the vessel owner will be responsible for all costs associated with the removal and storage of the vessel; and

  (4) Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vessel by its owner or the owner's agent.

(b) A vessel may not be removed from a marina to a location that is more than 30 miles from the marina.

(c) The owner or operator of a marina, or the agent of the owner or operator, on finding a vessel left at the marina without permission, shall make a reasonable attempt to notify the vessel owner or the vessel owner's agent of the intended removal of the vessel before the vessel may be removed under this section.

(d) A person who removes the vessel from a marina:

  (1) Shall notify the vessel owner or the vessel owner's agent at the earliest possible time after removing the vessel from the marina, and shall provide the following information:

    (i) A description of the vessel including the vessel's certificate of boat number;

    (ii) The date and time the vessel was removed;

    (iii) The reason the vessel was removed; and

    (iv) The locations from which and to which the vessel was moved;

  (2) Before removing the vessel, shall have authorization of the marina owner; and

  (3) May not pay any remuneration to the owner of the marina.

(e)

  (1) The person who removes a vessel from a marina shall immediately deliver the vessel directly to a location customarily used by the person.

  (2) The person who exercises control over the vessel at the location to which the vessel is delivered after removal from a marina shall provide the vessel owner or the vessel owner's agent immediate and continuous opportunity to retake possession of the vessel.

(f) Any person who removes a vessel from a marina in violation of any provision of this section:

  (1) Shall be liable for actual damages sustained by the vessel owner or the vessel owner's agent as a result of the violation; and

  (2) Shall be liable to the vessel owner or the vessel owner's agent for up to triple the amount paid by the owner or the owner's agent to retake possession of the vessel, as the court may determine.

#### Section 8-721.2

(a) The Department may establish and administer a voluntary vessel turn-in program that allows the owner of a vessel to turn the vessel in to the Department to be destroyed.

(b) To apply to participate in a program authorized under this section, a vessel owner shall submit to the Department an application in the form that the Department requires.

(c) In order to participate in a program authorized under this section, the owner of a vessel shall demonstrate to the satisfaction of the Department that the applicant is the owner of the vessel and a resident of the State.

(d) In evaluating whether a vessel is eligible for the program, the Department shall prioritize, in order of priority, the following vessels:

  (1) A vessel that is abandoned or sunken as defined in Sec. 8-721 of this subtitle;

  (2) A vessel that is at risk of becoming abandoned or sunken if:

    (i) The vessel is taking on or has taken on water without an effective means to drain or empty the water;

    (ii) Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time; or

    (iii) The vessel has broken from or is in danger of breaking loose from its anchor; and

  (3) Any other vessel the Department determines is eligible for participation in the program.

(e) The Department, in its sole discretion, may determine eligibility for participation in a program authorized under this section.

(f) The Department, or a person removing, towing, storing, or disposing of a vessel that is accepted into a program authorized under this section on behalf of the Department, may not be held liable for any damage to the vessel which may occur during removal, storage, or custody of the vessel.

(g) If the Department establishes a program authorized under this section, the Department shall adopt regulations to implement and carry out the provisions of this section.

#### Section 8-722

(a) This section applies only to abandoned vessels as defined in Sec. 8-721 of this subtitle.

(b) Subject to the provisions of this section, a landowner, a landowner's lessee, or a landowner's agent may acquire title to any abandoned vessel on the landowner's land or the water immediately adjacent to the landowner's land. Acquisition of title divests any other person of any interest in the vessel.

(c)

  (1) If a vessel has a boat number or other means of identifying the vessel's owner, the person desiring to acquire title, if possible, shall secure the owner's last known address, and the lienholder, if any, appearing on the Department's records. The person shall notify this owner and the lienholder by registered letter to the last known address that, if ownership is not claimed and the vessel removed within 30 days, the person will apply for title to the vessel in the person's name. If any vessel's owner or lienholder cannot be identified or address ascertained from the Department's records, it is not necessary to send the letter.

  (2) The person desiring to acquire title also shall place a notice in a newspaper of general circulation published in the county where the vessel is located, describing the vessel, the vessel's location, and any identifying number. The person shall state in the notice that, if the vessel is not claimed and removed within 30 days after the publication date of the paper, the person will apply for title to the vessel in the person's name.

  (3) At the end of the 30-day period the person shall apply to the Department for title to the vessel in the person's name on forms the Department approves accompanied by the following affidavits:

    (i) A statement that the vessel is an abandoned vessel as defined in Sec. 8-721 of this subtitle;

    (ii) Proof the registered letter was mailed at least 30 days before application or a detailed explanation of the unsuccessful steps taken to identify the owner or lienholder and secure the owner's or lienholder's address;

    (iii) Proof a notice was printed in a newspaper as required in paragraph (2) of this subsection;

    (iv) A clear and accurate photograph of the vessel; and

    (v) A tracing or certification of the hull identification number.

  (4) Upon receipt of the material required in paragraph (3) of this subsection and payment of any fees and taxes due, the Department shall issue title to the vessel to the applicant.

  (5) The applicant shall bear any cost incurred in receiving title to a vessel under this section.

  (6) After receiving title, if the applicant destroys or otherwise disposes of the vessel, the applicant shall report this information to the Department within 15 days giving every detail.

  (7) The Department may receive title to any abandoned vessel on the waters of the State or on any land owned by the State or any political subdivisions by proceeding in the same manner a property owner does as set forth in this section.

(d) A person may not obtain or attempt to obtain title to a vessel under the provisions of this section through any fraudulent means.

#### Section 8-723

(a) In this section, "Fund" means the State Boat Act Fund.

(b) There is a State Boat Act Fund in the Department.

(c) The Secretary shall administer the Fund.

(d)

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

  (2) The Fund shall be invested and reinvested in the same manner as other State funds.

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

(e) Unless otherwise provided, the Fund consists of:

  (1) Money received from any fee and other revenue the Department collects under authority of this subtitle;

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

  (3) Any money received and accepted as gifts, contributions, or grants.

(f) The Department shall use the Fund:

  (1) For the administration of this subtitle;

  (2) To cover the costs of fulfilling the duties and responsibilities of the Department under this title; and

  (3) For administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

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

(h) Within the limits of funds available, the Department may enter into any agreement with the federal government, any municipality or other political subdivision of the State, or any private agency to share the cost of any development, construction, or improvement of waterways or of facilities determined to have beneficial value to the boating public.

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

#### Section 8-724

(a)

  (1) The operator of a vessel involved in a collision, accident, or other casualty that results in bodily injury to another person immediately shall stop the vessel as close as possible to the scene of the collision, accident, or other casualty to comply with subsection (b) of this section.

  (2) The operator of a vessel involved in a collision, accident, or other casualty that results in the death of another person immediately shall stop the vessel as close as possible to the scene of the collision, accident, or other casualty to comply with subsection (b) of this section.

  (3)

    (i) In this paragraph, "serious bodily injury" means an injury that:

      (1) Creates a substantial risk of death;

      (2) Causes serious permanent or serious protracted disfigurement;

      (3) Causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty; or

      (4) Causes serious permanent or serious protracted impairment of the function of any body part or organ.

    (ii)

      (1) Except as provided in subparagraph (iii) of this paragraph, a person convicted of a violation of paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.

      (2) Except as provided in subparagraph (iii) of this paragraph, a person convicted of a violation of paragraph (2) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

    (iii)

      (1) A person who violates this subsection and who knew or reasonably should have known that the collision, accident, or other casualty might result in serious bodily injury to another person and serious bodily injury actually occurred to another person is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

      (2) A person who violates this subsection and who knew or reasonably should have known that the collision, accident, or other casualty might result in the death of another person and death actually occurred to another person is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(b)

  (1) The operator of a vessel involved in a collision, accident, or other casualty shall:

    (i) Render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save the persons from danger caused by the collision, accident, or casualty, to the extent the operator can do so without serious danger to the operator's own vessel, or persons aboard; and

    (ii) Give the operator's name, address, and the identification of the operator's vessel to any person injured and to the owner of any property damaged.

  (2) The duties imposed by this subsection are in addition to any duties otherwise imposed by law.

  (3) A person convicted of a violation of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

(c) If an accident involves any vessel subject to this subtitle while on the waters of the State and results in the death, disappearance, or injury of any person or in property damage of $2,000 or more, or there is complete loss of the vessel, the operator shall file with the Department a full description of the accident, including any information the Department requires by regulation. If the operator is unable to file the report, the vessel owner shall file the report. If the accident caused the death or disappearance of any person or a person receives medical treatment beyond first aid, the report shall be made within 48 hours. Any other accident resulting in personal injury or property damage, including damage to navigational aid markers, lights, or identifiers, shall be reported within 10 days. This subsection does not apply to a vessel required to have a certificate of inspection under Chapter 1, Title 46, Code of Federal Regulations.

(d) If any vessel numbered in the State is involved in an accident on waters outside of the State, and the accident results in the death, disappearance, or injury of any person or in property damage of $2,000 or more, the operator or owner, within 30 days, shall file a complete report with the Department including any information the Department requires by regulation. This subsection does not exempt or excuse any operator or owner from the requirements of any federal or other state law or rule or regulation having jurisdiction over the waters in which the accident occurs. Furthermore, any accident-reporting requirement in the federal or other state law or rule or regulation may not exonerate or excuse any failure of the operator or owner of a vessel numbered in the State to report the accident in the State.

(e) The required report of a boating accident may not be referred to during any judicial proceeding. It is not subject to subpoena or admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based on the report is available on request for official purposes to the U.S. Coast Guard and its successor agency.

(f) Any person who complies with subsection (b) of this section or who gratuitously and in good faith renders or attempts to render assistance to any vessel in distress on any waters of the State without objection from any person assisted, is not liable for any civil damage as the result of any act or omission by the person in rendering assistance, if the act or omission does not amount to gross negligence.

#### Section 8-724.1

A person may not:

(1) Interfere with the use of a public landing;

(2) Do anything to destroy the usefulness of the public landing; or

(3) Damage a wharf or structure erected on the wharf by the State, a county, or a person under a written agreement with a State unit or a county for public benefit.

#### Section 8-725

(a) This section does not apply to:

  (1) Any performer engaged in a professional exhibition; or

  (2) Any person taking part in:

    (i) An authorized regatta, motorboat race, or other boat race; or

    (ii) Any marine parade, tournament, or exhibition.

(b) A person may not operate any machinery-propelled vessel for the purpose of towing a person on or attached to water skis, an aquaplane, a parasail, or similar device unless the vessel operator is at least 12 years old and another person, at least 12 years old, is in the vessel to observe the progress of the person being towed. Towing may not occur between sunset and sunrise.

(c) A person who is in or over the waters of the State and is being towed behind a vessel must wear a personal flotation device, a barefoot wet suit, or a trick skiing wet suit.

#### Section 8-725.2

(a) A person may not abandon, as defined in Sec. 8-721 of this subtitle, any vessel upon any waters of the State.

(b) The last known registered owner shown on the certificate of title issued under Sec. 8-715 of this subtitle shall be considered:

  (1) The prima facie owner of a vessel at the time the vessel was abandoned; and

  (2) The person who abandoned the vessel.

(c)

  (1) Any person who violates any provision of this section is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months, or both.

  (2) Any person found guilty of a second or subsequent violation of any provision of this section is subject to a fine not exceeding $2,000 or imprisonment not exceeding 1 year, or both.

  (3) Any person who violates any provision of this section is liable to the State for the cost of removal of the vessel.

  (4) The provisions of this section do not apply to a vessel wrecked through an act of God or negligence of a third party.

#### Section 8-725.3

(a) The Department shall:

  (1) Develop a comprehensive management plan for the use of vessels on the Severn River and its tributaries in accordance with the Administrative Procedure Act under Title 10 of the State Government Article; and

  (2) Implement the comprehensive management plan no later than April 15, 1990.

(b) The comprehensive management plan for the use of vessels on the Severn River and its tributaries shall include, but not necessarily be limited to:

  (1) Areas designated for specified uses;

  (2) Noise level limits of vessels;

  (3) Maximum speed limits of vessels;

  (4) Other limits that address water surface capacity and the safe operation of vessels so as to maximize the recreational and aesthetic values of the Severn River and its tributaries, consistent with sound environmental practices; and

  (5) A study of seaplane activity on the Severn River and its tributaries.

(c) This section may not be construed to change the authority previously granted to the Department to adopt regulations concerning the subject matter of this section.

#### Section 8-725.4

(a) A person may not operate any vessel on the Severn River from April 15, 1989, to October 15, 1989, in excess of 40 miles per hour during the following days and times:

  (1) A Saturday;

  (2) A Sunday;

  (3) A State holiday; and

  (4) Any other day from sundown to sunrise.

(b)

  (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

    (i) For the first offense, $500; and

    (ii) For the second offense, $1,000 or imprisonment not exceeding 30 days or both.

  (2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(c) This section may not be construed to affect the Department's authority:

  (1) To adopt regulations concerning the subject matter of this section; or

  (2) To set speed limits on creeks, bays, coves, and tributaries of the Severn River.

(d) The Department shall develop an informational program to assist boaters in complying with the speed limits imposed by this section, including public education, a phase-in period for enforcement, and information to assist boaters in converting tachometer or knot meter readings to speedometer readings in miles per hour.

#### Section 8-725.5

(a) The provisions of this section do not apply to persons who regularly catch or harvest seafood for sale while actually engaged in the catching or harvesting of the seafood.

(b)

  (1) Except as provided in subsection (d) of this section, a person may not operate a vessel on the waters of the State so as to exceed a noise level of 90dB(a).

  (2) Noise level limits for waters of the State shall be measured using generally accepted testing procedures imposed by regulations adopted by the Department based on the Marine Environment Sound Level Measurement Procedure, SAE J 2005.

  (3) An owner or lessee of a vessel may not allow the vessel to be operated on waters of the State in violation of paragraph (1) of this subsection.

(c) A person may not own or operate on any waters of the State any vessel manufactured after January 1, 1990, that is not equipped with a muffler or device or system which muffles or suppresses engine noise in accordance with regulations adopted by the Department.

(d) The Department may adopt regulations to permit exceptions to this section, including exceptions for:

  (1) Economic hardship;

  (2) Vessels participating or preparing to participate in a U.S. Coast Guard or Department approved race or event;

  (3) The testing, repair, or development of vessel engines conducted by a bona fide engine or boat manufacturer or service person; and

  (4) Vessels belonging to a volunteer fire department, ambulance company, rescue squad company, or advance life support company or a political subdivision.

(e) In addition to the provisions of subsection (b) of this section, the Department may adopt regulations to enforce this section, including regulations establishing noise limitations.

(f)

  (1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

    (i) For the first offense, $500; and

    (ii) For the second offense, $1,000 or imprisonment of 30 days or both.

  (2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(g) All regulations adopted by the Department under this section shall be in accordance with the Administrative Procedure Act under Title 10 of the State Government Article.

#### Section 8-725.6

(a) A person may not operate a vessel on Seneca Creek in Montgomery County at a speed in excess of 6 knots.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both.

#### Section 8-725.7

(a) A person may not operate a vessel on the Monocacy River between Starner's Dam and the upstream island in Carroll and Frederick counties at a speed in excess of 6 knots.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both.

#### Section 8-725.8

(a)

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

  (2)

    (i) "Marine gathering" means an intentional congregation of at least 100 vessels in the waters of the State that, by its nature, circumstances, or location, creates extra or unusual hazards to life or property.

    (ii) "Marine gathering" does not include:

      (1) A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;

      (2) A docking competition; or

      (3) Vessels docked or moored at a marina.

  (3) "Permit" means a marine gathering permit issued in accordance with this section.

(b) A person may not sponsor or hold a marine gathering without obtaining a written permit from the Department.

(c)

  (1) The organizer or sponsor of the marine gathering shall submit a permit application to the Department and pay an application fee established by the Department.

  (2) The application fee may not exceed the cost of processing the permit.

  (3) The Department may not require the application to be submitted more than 45 days before the marine gathering.

(d)

  (1) The Department shall adopt regulations governing the application and issuance of the permit.

  (2) If a permit is needed to ensure public safety, the Department shall issue a permit in accordance with paragraphs (3) and (4) of this subsection.

  (3) The Department may require in the terms of a permit one or more of the following requirements:

    (i) The presence of security officers at the marine gathering;

    (ii) The presence of rescue personnel or lifeguards at the marine gathering;

    (iii) The placement of buoys at the marine gathering; and

    (iv) Limitations on the duration of the marine gathering.

  (4) The Department may:

    (i) Recommend additional actions to an applicant to further safeguard the participants of the marine gathering; but

    (ii) Not require any additional terms or conditions in a permit beyond what may be required under paragraph (3) of this subsection.

(e) Before issuing a marine gathering permit, the Department shall notify the local law enforcement unit of the county in which the marine gathering will occur and public safety organizations that the Department considers necessary.

(f) A police officer may terminate and disband a marine gathering:

  (1) Held without the necessary permit; or

  (2) In violation of the terms of a permit.

(g)

  (1) A person who violates this section or a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

  (2) A person who commits a second or subsequent violation of this section or a regulation adopted under this section is:

    (i) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000; and

    (ii) Liable to the State for the cost of disbanding the marine gathering.

#### Section 8-725.9

(a) Notwithstanding any other provision of this title, the Department may establish or alter by public notice:

  (1) If the Department determines public safety is at risk and it is contrary to the public interest to delay action, a speed zone near:

    (i) A construction project on or adjacent to State waters;

    (ii) A marine event; or

    (iii) An accident or other emergent situation; or

  (2) An area where vessel movement is controlled, limited, or restricted as designated by the U.S. Coast Guard or another federal agency.

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

#### Section 8-726

(a) A person may not throw, dump, deposit, or cause to be thrown, dumped, or deposited any trash, junk, or other refuse on any waters of the State.

(b) The operator or owner, if present, of any vessel on which occurs a violation of subsection (a) of this section is liable.

(c) The Department shall enforce the provisions of this section.

#### Section 8-726.1

(a) This section does not:

  (1) Apply to the improvement of harbors; or

  (2) Affect any act of the General Assembly relating to the construction of a wharf or to the rights of a riparian owner.

(b) Ballast, ashes, filth, earth, oysters, or oyster shells may not be deposited from a vessel to a site:

  (1) In the Chesapeake Bay above Sandy Point;

  (2) In Herring Bay; or

  (3) Below the high water mark in a river, creek, or harbor in the State.

(c) A person in command or having charge of a vessel that violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $20 and not exceeding $150.

(d) The Natural Resources Police Force shall enforce this section.

#### Section 8-727

(a)

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

  (2) "Elude" means to evade a police officer's visual or audible signal to stop by:

    (i) Willfully failing to stop the vessel;

    (ii) Fleeing on foot; or

    (iii) Any other means.

  (3) "Police officer" means an officer who is:

    (i) In uniform, prominently displaying the officer's badge or other insignia of office; or

    (ii) In a vessel that is appropriately marked as an official law enforcement vessel, whether or not the officer is in uniform.

  (4) "Visual or audible signal" means a warning or command by hand, voice, emergency light, signal device, or siren.

(b) A Natural Resources police officer or any law enforcement officer enforcing the provisions of this subtitle may stop, board, or inspect any vessel subject to this subtitle.

(c)

  (1) Except as provided in paragraph (2) of this subsection, an individual who is on a vessel may not display or operate a flashing blue light or signal device.

  (2) A police officer who is on a vessel of a county, municipal, State, or federal law enforcement agency may display and operate flashing blue lights or signal devices while responding to or at the scene of an emergency or pursuing a violator or suspected violator of the law.

(d) On the immediate approach of a law enforcement vessel lawfully using a flashing blue light or signal device, an operator of another vessel, unless otherwise directed by a police officer, shall:

  (1) Yield the right-of-way; and

  (2) Stop the vessel and stay in that position until the law enforcement vessel has passed.

(e) An operator of a vessel may not elude or attempt to elude a police officer who gives a visual or audible signal to the operator to stop.

(f)

  (1) A person who violates subsection (c) or (d) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

  (2) A person who violates subsection (e) of this section is guilty of a misdemeanor and on conviction:

    (i) For a first offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and

    (ii) For a subsequent offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 2 years or both.

#### Section 8-727.1

(a)

  (1) In this section, "public safety activity" includes:

    (i) Patrolling a marine parade, regatta, or special water celebration;

    (ii) Traffic control;

    (iii) Salvage;

    (iv) Fire fighting;

    (v) Medical assistance;

    (vi) Assisting a disabled vessel; and

    (vii) Search and rescue.

  (2) "Public safety activity" does not include routine towing.

(b) Except as provided in subsection (c) of this section, an individual who is on a vessel may not display or operate a flashing, alternating red and yellow light or signal device.

(c)

  (1) An individual who is on a vessel engaged in a government sanctioned public safety activity or a commercial vessel performing a public safety activity may display an alternately flashing red and yellow light signal.

  (2) The public safety identification light signal shall be located so that it does not interfere with the visibility of the vessel's navigation lights.

  (3) The public safety identification light signal may be used only as an identification light signal and does not convey any special privilege to the vessel displaying the light signal.

  (4) An individual on a vessel using the public safety identification light signal during public safety activities shall comply with the Inland Navigation Rules adopted by the United States Coast Guard and may not presume that the light or the activity gives the vessel precedence or right-of-way.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

#### Section 8-728

Sections 8-729 through 8-736 of this subtitle do not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the vessel;

(2) A lien given by statute to the United States, the State, or any political subdivision of the State;

(3) A security interest in a vessel during any period in which the vessel is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling vessels;

(4) Any lien arising out of an attachment of a vessel;

(5) Any security interest claimed on proceeds, as defined in Sec. 9-102(a)(65) of the Commercial Law Article, if the original security interest did not have to be noted on the certificate of title in order to be perfected; or

(6) Any vessel for which a certificate of title is not required under this subtitle.

#### Section 8-729

(a) Unless excepted by Sec. 8-728 of this subtitle, a security interest in a vessel is not valid against creditors of the owner or subsequent transferees or secured parties of the vessel unless perfected as provided under this section and Sec.Sec. 8-730 through 8-732 of this subtitle.

(b) A security interest is perfected by the delivery to the Department of the existing certificate of title, if any, and an application for certificate of title on a form provided or approved by the Department containing information regarding the security interest, and upon payment of a filing fee of $15. Four dollars of this filing fee shall be treated as described in Sec. 8-723 of this subtitle. The security interest is perfected at the time of the delivery and payment.

(c) If a vessel is already subject to a security interest when the vessel is brought into the State, the validity of the security interest in the State is to be determined by the law (including the conflict of law rules) of the jurisdiction where the vessel was when the security interest attached, subject to the following:

  (1) If the parties to the transaction understood at the time the security interest attached that the vessel would be kept in the State, and the vessel was brought into the State within 30 days after the security interest attached for purposes other than transportation through the State, the validity of the security interest in the State is to be determined by the law of the State.

  (2) If the security interest was perfected already under the laws of the jurisdiction where the vessel was when the security interest attached and before being brought into the State:

    (i) If the name of the secured party is shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in the State.

    (ii) If the name of the secured party is not shown on an existing certificate of title issued by that jurisdiction, and if the law of that jurisdiction does not provide for certificates of title disclosing security interests, the security interest continues perfected in the State for 4 months and, after that time, if within the 4-month period the security interest is perfected in the State. This security interest may also be perfected in the State after the expiration of the 4-month period, in which case perfection dates from the time of perfection in the State.

    (iii) If the security interest was not perfected under the law of the jurisdiction in which the vessel was when the security interest attached before being brought into the State, the security interest may be perfected in the State; in which case perfection dates from the time of perfection in the State.

(d)

  (1) Five dollars of this filing fee, which is in lieu of a recordation tax imposed under Title 12 of the Tax - Property Article, shall be deposited in a special fund which is created. These moneys shall be used for the benefit of the counties of the State, and Baltimore City, and distribution of this fund shall be made to the several counties and Baltimore City annually on the basis of the residence of the purchasers of the vessels.

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

(e) Six dollars of every fee received under the provisions of Sec. 8-730 of this subtitle shall be deposited in the General Fund.

#### Section 8-730

(a) The provisions of this section apply if an owner creates a security interest in a vessel.

(b) The owner immediately shall execute the application in the space provided on the certificate of title or a separate form the Department prescribes, naming the secured party on the certificate of title, showing the name and address of the secured party, the amount of the security interest, and the date of the security agreement, and cause the certificate of title and application to be delivered to the Department.

(c) At the time of delivery of the documents described in subsection (b) of this section to the Department, the secured party shall pay to the Department a filing fee as required for perfection of the security interest under Sec. 8-729(b) of this subtitle. The security interest is perfected at the time of the delivery and payment.

(d) Upon receipt of the certificate of title, application, and the required filing fee, the Department shall endorse on the existing certificate of title or on a new certificate, which the Department then issues, the name and address of all secured parties and mail or deliver the certificate of title to the owner of the vessel.

#### Section 8-731

(a) A secured party may assign, absolutely or otherwise, all or part of the secured party's security interest in the vessel to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as secured party until the assignee is named as secured party on the certificate of title.

(b) The assignee shall deliver to the Department the certificate of title if available and an assignment by the secured party named in the certificate of title in the form the Department may prescribe accompanied by a filing fee as required for perfection of the security interest under Sec. 8-729 (b) of this subtitle. The assignee's security interest is perfected as of the time of its creation if delivery and payment to the Department are completed within 10 days of the date of its creation; otherwise, the assignee's security interest is perfected as of the time the assignee delivers the certificate and payment to the Department.

#### Section 8-732

(a) Upon the satisfaction of a security interest in a vessel, the secured party shall release the security interest in whatever form as may be prescribed by or acceptable to the Department, and within 15 days mail or deliver the signed and dated release of security interest to the owner and a copy of the release to the Department. The Department shall correct its records and, upon request of the owner and the receipt by the Department of the certificate of title with the release of security interest, the Department may issue a new certificate of title to the owner.

(b) If the Department determines after a hearing and following due notice to all parties interested that an indebtedness does not constitute a security interest, the Department shall release the indebtedness upon the certificate of title or issue a new certificate of title, and mail or deliver the certificate of title to the owner. Any person aggrieved by the decision of the Department may appeal in accordance with the provisions of the Administrative Procedure Act.

#### Section 8-733

The Department shall adopt the necessary regulations to implement the provisions of Sec.Sec. 8-729 through 8-732 of this subtitle.

#### Section 8-734

A secured party named in a certificate of title, on written request of the owner, shall disclose any pertinent information as to the security agreement and the indebtedness secured by the security agreement in accordance with Sec. 9-208 of the Commercial Law Article.

#### Section 8-735

The method provided in Sec.Sec. 8-729 through 8-736 of this subtitle of perfecting and giving notice of security interests is exclusive.

#### Section 8-736

(a) The Department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out Sec.Sec. 8-729 through 8-736 of this subtitle.

(b) The Department may make necessary investigations to procure information required to carry out Sec.Sec. 8-729 through 8-736 of this subtitle.

#### Section 8-737

(a) A person may obtain a historical watercraft identification plaque from the Department for a boat that is:

  (1) 25 years old or older; and

  (2) Powered by the boat's original type of power plant.

(b) The fee for a historical watercraft identification plaque is $25. The identification plaque shall be valid for the life of the boat.

(c) The Department shall issue a historical watercraft identification plaque, of the Department's own design, to a person who applies to the Department on a form the Department supplies. When prominently displayed on the boat, a historical watercraft identification plaque shall entitle the boat owner to apply to participate in parades, shows, and special displays. The historical watercraft identification plaque may not qualify a boat for general recreational use.

#### Section 8-738

(a) Subject to subsection (g) of this section, a person may not operate or attempt to operate a vessel while the person:

  (1) Is under the influence of alcohol;

  (2) Is impaired by alcohol;

  (3) Is so far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or

  (4) Is impaired by any controlled dangerous substance, as defined in Sec. 5-101 of the Criminal Law Article, unless the person is entitled to use the controlled dangerous substance under the laws of the State.

(b)

  (1) Except as provided under paragraph (2) of this subsection, the evidentiary presumptions and procedures established under Sec.Sec. 10-302 through 10-309 of the Courts Article are applicable to any violation of this section.

  (2) If at the time of testing an individual has an alcohol concentration that meets the definition of "under the influence of alcohol per se" in Sec. 11-174.1 of the Transportation Article, as determined by an analysis of the individual's blood or breath, it shall be prima facie evidence that the individual was operating a vessel while under the influence of alcohol.

  (3) Any person who operates or attempts to operate a vessel on the waters of the State is deemed to have consented, subject to Sec.Sec. 10-302 through 10-309 of the Courts Article, to take a test, as defined in Sec. 16-205.1 of the Transportation Article, if the person is detained by a police officer who has reasonable grounds to believe that the person has been operating or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate the vessel safely, or while impaired by a controlled dangerous substance.

(c)

  (1) Except as provided in Sec. 8-738.1 of this subtitle, a person may not be compelled to take a test, as defined in Sec. 16-205.1 of the Transportation Article.

  (2) The detaining police officer shall advise a person who is requested to take a test that, on receipt of a sworn statement from the officer that the person was requested to take a test and refused or was tested and the result indicated an alcohol concentration of 0.08 or more, the court may, on conviction and in addition to other penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 year.

(d) It is not a defense to a charge of violating subsection (a)(3) of this section that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely operating a vessel.

(e)

  (1)

    (i) Notwithstanding any other provision of this title, a person who violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction:

      (1) For a first offense, shall be subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both;

      (2) For a second offense, shall be subject to a fine of not more than $2,000 or imprisonment for not more than 2 years or both; and

      (3) For a third or subsequent offense, shall be subject to a fine of not more than $3,000 or imprisonment for not more than 3 years or both.

    (ii) For the purpose of determining subsequent offender penalties for a violation of this section, a prior conviction under subsection (a) of this section or Sec. 21-902 of the Transportation Article shall be considered a prior conviction.

  (2)

    (i) Notwithstanding any other provision of this title, a person who violates subsection (a)(2), (3), or (4) of this section is guilty of a misdemeanor and upon conviction:

      (1) For a first offense, shall be subject to a fine of not more than $500 or imprisonment for not more than 2 months or both; and

      (2) For a second or subsequent offense, shall be subject to a fine of not more than $1,000 or imprisonment of not more than 1 year or both.

    (ii) For the purpose of determining subsequent offender penalties for a violation of this section, a prior conviction under subsection (a) of this section or Sec. 21-902 of the Transportation Article shall be considered a prior conviction.

  (3)

    (i) Notwithstanding any other provision of this title and subject to subparagraph (ii) of this paragraph, the court may prohibit a person convicted of a violation of subsection (a)(1) of this section from operating a vessel on the waters of the State if the person:

      (1) Refused to take a test, as defined in Sec. 16-205.1 of the Transportation Article, when requested by a police officer under subsection (b)(3) of this section; or

      (2) Was tested and the result indicated an alcohol concentration of 0.08 or more.

    (ii) The prohibition against operating a vessel on the waters of the State under subparagraph (i) of this paragraph may not exceed:

      (1) Except as provided in item 2 of this subparagraph, 2 years; or

      (2) If the violation results in the death of another person, 5 years.

    (iii)

      (1) The Department, in coordination with the Natural Resources Police Force, shall establish and maintain a database of persons prohibited under this paragraph from operating a vessel on the waters of the State.

      (2) The Department shall establish the database on or before October 1, 2025.

      (3) The database shall be accessible to a Natural Resources police officer in any patrol vehicle or vessel.

      (4)

        (A) A court shall electronically notify the Department if a person is prohibited under this paragraph from operating a vessel on the waters of the State.

      (B) Notice provided by a court to the Department shall include the person's name, address, and date of birth, and the time period within which the prohibition applies.

      (5) On receipt of notice from a court, the Department shall:

      (A) Enter the information provided into the database; and

      (B) Maintain the information provided in the database until the prohibition expires.

(f) If a person is charged with a violation of this section, the court may find the person guilty of any lesser included offense under any subsection of this section.

(g) This section applies to the following:

  (1) A vessel required to be registered with the Department under this subtitle;

  (2) A vessel required to have a valid number awarded in accordance with a federal law or a federally approved numbering system of another state; and

  (3) A vessel from a foreign country using the waters of this State.

#### Section 8-738.1

(a) If a person is involved in an accident while operating or attempting to operate a vessel that results in the death of, or a life-threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been operating a vessel or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance, the person shall be required to submit, as directed by the police officer, to a test of:

  (1) The person's breath to determine alcohol concentration;

  (2) One specimen of the person's blood to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person's blood; or

  (3) Both the person's breath under item (1) of this subsection and one specimen of the person's blood under item (2) of this subsection.

(b) If a police officer directs that a person be tested, then the provisions of Sec. 10-304 of the Courts Article apply.

(c) Any medical personnel who perform any test required by this section are not liable for any civil damages as a result of any act or omission related to the test, not amounting to gross negligence.

#### Section 8-738.2

(a) A person may not:

  (1) Operate a vessel recklessly or in a manner that may endanger another or the property of another on a bay, creek, lake, river, or stream in the State; or

  (2) Come into a wharf or bathing shore recklessly or in a manner that may endanger a person or property.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

  (1) For a first conviction, imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both; and

  (2) For a second or subsequent conviction, imprisonment not exceeding 60 days or a fine not exceeding $500 or both.

#### Section 8-738.3

(a) This section applies to the following:

  (1) A vessel required to be registered with the Department under this subtitle;

  (2) A vessel required to have a valid number awarded in accordance with a federal law or a federally approved numbering system of another state; and

  (3) A vessel from a foreign country using the waters of the State.

(b) A person may not operate or attempt to operate a vessel on the waters of the State while the person is prohibited from operating a vessel on the waters of the State under Sec. 8-738(e)(3)(i) of this subtitle.

(c) Notwithstanding any other provision of this title, a person who violates this section is guilty of a misdemeanor and on conviction:

  (1) For a first offense, shall be subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both;

  (2) For a second offense, shall be subject to a fine of not more than $2,000 or imprisonment for not more than 2 years or both; and

  (3) For a third or subsequent offense, shall be subject to a fine of not more than $3,000 or imprisonment for not more than 3 years or both.

#### Section 8-739

(a) Any person who violates any provision of Sec. 8-712, Sec. 8-712.1, Sec. 8-712.3, Sec. 8-713, or Sec. 8-718 of this subtitle is guilty of a misdemeanor and on conviction is subject to:

  (1) For a first offense, a fine not exceeding $500; and

  (2) For any subsequent offense that occurs within 2 years of a prior violation, a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.

(b) Any person who violates Sec. 8-716.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years, or both.

#### Section 8-740

(a) If a person is convicted of 2 boating violations concerning the operation of, or safety equipment on, a vessel within a 2-year period of time, the person is required, as a condition of probation or sentencing, to complete successfully a boating safety education course that is offered or approved by the Department.

(b) Notwithstanding the provisions of subsection (a) of this section, if a person is convicted of any of the following boating safety violations in the operation of a vessel, the person is required, as a condition of probation or sentencing, to successfully complete a boating safety education course that is offered or approved by the Department:

  (1) Negligent operation;

  (2) Reckless operation; or

  (3) Operating in violation of Sec. 8-738 of this subtitle.

(c) The requirement to take and successfully complete the boating safety education course under subsections (a) and (b) of this section is in addition to any other punishment that a judge imposes for violation of the boating laws or regulations of the State.

#### Section 8-740.1

(a) In this section, "ship-to-shore communication device" means a:

  (1) Ship-to-shore telephone; or

  (2) Another mechanical device that enables the crew and employees on a vessel to establish contact with a person on shore as may be necessary to seek assistance under all reasonable conditions and in an emergency.

(b) This section does not apply to a vessel in interstate or foreign commerce.

(c) A person in command or an owner of a vessel may not operate the vessel on the waters of the State while carrying 25 or more paying or guest passengers in addition to the crew and employees unless the vessel is equipped with a ship-to-shore communication device.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

#### Section 8-740.2

(a) A person may not operate a gasoline-powered vessel manufactured after July 31, 2007, that has accommodation spaces, swim platforms, or aft lounging areas on the waters of the State unless the vessel has carbon monoxide warning labels affixed in conspicuous locations in the vicinity of both the transom and the helm of the vessel.

(b) The Department may not impose a penalty on a person that violates the provisions of this section.

#### Section 8-741

(a)

  (1) For the purposes of this section the following words have the meanings indicated.

  (2)

    (i) "Marine sanitation device" means any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage and any process to treat sewage on board.

    (ii) "Marine sanitation device" includes:

      (1) Type I marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids;

      (2) Type II marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter; and

      (3) Type III marine sanitation device, which is certified to a no-discharge standard, including recirculating and incinerating marine sanitation devices and holding tanks.

  (3) "Sewage" means:

    (i) Human body wastes; and

    (ii) The wastes from toilets and other receptacles intended to retain body waste.

  (4) "Y valve" means a device capable of diverting the flow of marine sewage so that a vessel's marine sanitation device is bypassed and raw sewage is discharged directly into the water.

(b) The following vessels equipped with an installed toilet shall be equipped with an operable marine sanitation device:

  (1) A vessel 65 feet in length and under shall have a Type I, II, or III marine sanitation device; or

  (2) A vessel over 65 feet in length shall have a Type II or III marine sanitation device.

(c)

  (1) A Type I or Type II marine sanitation device shall have a certification label affixed that at a minimum shows:

    (i) The name of the manufacturer;

    (ii) The name and model number of the device;

    (iii) The month and year of manufacture;

    (iv) The marine sanitation device type;

    (v) A certification number; and

    (vi) A certification statement.

  (2) A Type III marine sanitation device is automatically certified, and requires no label, provided it stores sewage and flushwater only, at ambient air temperature and pressure.

(d)

  (1) While a vessel with an installed toilet is on Maryland waters, the operator shall insure that:

    (i) All pathways for overboard discharge of vessel sewage from any vessel with a Type III marine sanitation device are blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge, by disconnecting or physically blocking those onboard sewage lines or hull fittings which would allow for overboard vessel sewage discharge; and

    (ii) Any installed in-line Y valve shall be secured to prevent the overboard discharge of sewage from any vessel utilizing a Type III marine sanitation device, by bypassing, locking, securing, or disabling the valve using a padlock or nonreusable wire tie wrap, or by removal of the valve handle, or by any other method in accordance with federal regulations and standards or as approved or required by the Department.

  (2) The chosen compliance method under paragraph (1)(ii) of this subsection shall totally eliminate the possibility of overboard vessel sewage discharge while in waters of the State. The method chosen shall present a physical barrier to the use of the Y valve, whether accidental or intentional, so that use of the valve cannot occur without the knowledge of the operator of the vessel.

(e) For any vessel offered as a noncaptained charter, the leasing entity shall:

  (1) Ensure that the vessel complies with this section when presented to the lessor; and

  (2) Include in the lease agreement, signed by the leasing party, a paragraph outlining the operator's responsibilities under this section.

(f) A person who violates a provision of this section is subject to a civil penalty not exceeding $2,000.

#### Section 8-742

(a) Based on criteria including the protection of natural resources, health, and the environment, on or before April 15, 2000, the Department shall:

  (1) Conduct and complete, in accordance with the Federal Water Pollution Control Amendments Act of 1972 (33 U.S.C. Sec. 1251 et seq.) and the Clean Vessel Act of 1992 (P.L. 102-587), a survey of:

    (i) The number, location, and utilization of operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities in the State; and

    (ii) The number of recreational vessels operating in the waters of the State including transient vessels equipped with Type I, Type II, or Type III marine sanitation devices or portable toilets, and the areas of the waters of the State in which those vessels congregate including areas of overnight anchoring and mooring; and

  (2) Identify waters of the State that support living resources that are sensitive to the discharge of sewage from boats, ships, and other vessels, using criteria established under the Federal Water Pollution Control Amendments Act of 1972 and 40 C.F.R. Sec. 140.4.

(b) On or before April 15, 2001, the Department shall take steps to ensure that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels, as determined under the Federal Water Pollution Control Amendments Act of 1972, are reasonably available for the sensitive areas identified under subsection (a)(2) of this section.

(c)

  (1) The Department shall consult with the Department of the Environment in complying with subsections (a)(2) and (b) of this section.

  (2) The Department shall make recommendations, if appropriate, to the Department of the Environment on any suggested changes to existing water quality standards.

#### Section 8-743

(a)

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

  (2) "Child" means an individual who is under the age of 13 years.

  (3) "Personal flotation device" means a flotation device that is approved by the U.S. Coast Guard.

  (4)

    (i) "Vessel" means:

      (1) A vessel used for recreational purposes; or

      (2) A vessel leased, rented, or chartered for noncommercial use.

    (ii) "Vessel" does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester's license number while engaged in the harvesting of seafood for sale.

(b)

  (1) A person may not operate or allow the operation of a vessel under 21 feet in length if there is a child present in the vessel unless the child is wearing a personal flotation device that is:

    (i) Properly sized for the child;

    (ii) In good and serviceable condition; and

    (iii) Securely and properly attached to the child.

  (2) If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to:

    (i) Hold the child securely within the personal flotation device, including a strap that is secured between the child's legs to fasten together the front and back of the personal flotation device;

    (ii) Maintain the buoyancy of the child, including an inflatable headrest or high collar; and

    (iii) Ensure the ready accessibility of the child from the vessel, including a web handle.

(c) Subsection (b) does not apply to:

  (1) A vessel that is moored or anchored; or

  (2) A child who is below deck or in an enclosed cabin.

#### Section 8-744

(a) In this section, "for-hire water carrier" means a vessel used to accept or solicit passengers for:

  (1) Transportation between points along State waters in exchange for remuneration; and

  (2) Sightseeing and touring in State waters in exchange for remuneration.

(b) Before the Department registers a for-hire water carrier, the Department shall require the for-hire water carrier to show, to the Department's satisfaction, that the water carrier holds an insurance policy or a bond in an amount that is required of a motor vehicle carrying the same number of passengers in accordance with COMAR 20.95.01.18.

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

### Subtitle 10. Shore Erosion Control

#### Section 8-1001

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

(b)

  (1) "Benefited property" means land immediately abutting the waters of the State that is protected by an erosion control project constructed under the provisions of this subtitle.

  (2) "Benefited property" includes land in the vicinity of the waters of the State that is protected by the erosion control project when:

    (i) The owner of the land has rights of access to land immediately abutting the waters; and

    (ii) The owner is a party to the application for assistance in the project.

(c) "Fund" means the Shore Erosion Control Construction Loan Fund.

(d) "Net project construction cost" means the construction cost paid from the Fund, equal to the project construction cost, plus any excess costs, less the property owner's cash contribution.

(e) "Project construction cost" means the estimated cost to design and construct a shore erosion control project, exclusive of supervision, inspection, and maintenance costs.

(f) "Property owner's cash contribution" means the sum an owner of property benefited by a shore erosion control project is required to pay in a lump sum prior to construction of the project.

(g) "Shore erosion control project" means a competently designed work project, which may include but is not limited to erection or placement of bulkheads, groins, or other erosion control devices, and measures required to stabilize waterside, shorelines, and banks, and to change drainage patterns, all in order to halt or retard erosion of shorelines and deposit of eroded sediments in the waters of the State.

#### Section 8-1002

The Department shall:

(1) Develop and implement a program to educate the public on every phase of shore and bank erosion, its causes and effects, the locations where erosion is a problem, and steps to be taken to control erosion;

(2) Review petitions for formation of shore erosion control districts presented to any county and report to the county as provided in Sec. 21-303 of the Local Government Article;

(3) Provide technical assistance to individual property owners, municipalities, and counties having specific shore and bank erosion problems;

(4) Design or cause to be designed shore erosion control projects, including vegetative cover, in shore erosion control districts;

(5) Enter into agreements with any person to construct shore erosion control projects;

(6) Administer the Fund to provide loans to any person in support of construction of shore erosion control projects;

(7) Supervise or provide supervision of design and erection of any shore protective device the Fund finances in whole or part;

(8) Prepare requests for appropriation of funds necessary to maintain the Fund;

(9) Cooperate with the following units:

  (i) The State Highway Administration for shore erosion control where essential to protect municipal, county, or State roads;

  (ii) The United States Army Corps of Engineers to conduct shore erosion studies; and

  (iii) The Soil Conservation Service of the United States Department of Agriculture to evaluate and apply vegetative measures for shore erosion control;

(10) Design, construct, and maintain shore erosion control works on State-owned lands if these projects are included in the budget for the Fund;

(11) Actively seek to obtain available funds from the federal government for shore erosion control projects; and

(12) Adopt regulations to implement this subtitle.

#### Section 8-1003

(a) The owner of any property abutting on any body of water in the State may file a written application with the Department requesting State assistance in the design, construction, and financing of a shore erosion control project for the property. The application shall be in a form and contain information the Department prescribes. Each application form shall contain a notice warning that the applicant is responsible for maintenance of any project after the project is constructed.

(b) A project may not be approved unless the project lies within a physiographic unit established by the Department, is within a shore erosion control district established under Title 21, Subtitle 2 or Subtitle 3 of the Local Government Article, or is of a nature that the project's inclusion within a physiographic unit or shore erosion control district is neither necessary nor feasible in the Department's judgment.

(c) A physiographic unit project may not be approved unless every property owner within the physiographic unit participates in planning, construction, and financing of the project. However, the Department may exclude any property owner within the physiographic unit if this exclusion does not affect materially the remainder of the project.

(d) The Department shall establish a schedule of priorities for shore erosion control projects, and upon approval of an application, assign the project to a priority list number. The schedule shall take into consideration the rate of erosion, amount of silt being deposited in the waters involved, date of Department's approval, nature and amount of public benefits provided by the project, and any other factors set forth in regulations the Department adopts. If at any time the cost of an approved project at the top of the priority list exceeds the unobligated balance of the Fund, the Department may proceed with construction of a lower priority project.

(e) The property owner's cash contribution shall be placed in escrow immediately after a construction contract is awarded but before construction begins.

#### Section 8-1004

(a) The operating budget of the Department may contain an appropriation from the Fund sufficient to provide technical and administrative services required to implement Sec.Sec. 8-1002 and 8-1003 of this subtitle, including but not limited to:

  (1) Review and evaluation of requests for assistance in shore erosion control;

  (2) Supervision over construction of approved projects; and

  (3) Inspection of completed projects to insure adequate maintenance.

(b) Costs of the services enumerated in this section:

  (1) Shall be reimbursed to the Department by the property owner; and

  (2) May not be considered part of the construction cost of the project.

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

#### Section 8-1004.1

(a) Notwithstanding any other provision of this subtitle, to the extent that a project consists of nonstructural shore erosion control measures, the Department may:

  (1) Require the owner of the benefited property to initially incur some or all of the project costs for nonstructural measures; and

  (2) Provide assistance in the form of reimbursements to the owner.

(b) To be entitled to receive any reimbursements under this section, the owner of the benefited property shall have entered into a project agreement with the Department before incurring any costs. The Department shall estimate the total amount of project costs for nonstructural measures and shall establish in the agreement as the maximum amount of assistance which will be available for the project 50% of that estimate. The Department may include in the project agreement conditions under which the owner may be entitled to receive reimbursement, including conditioning the reimbursement upon the successful establishment of any vegetative elements of the project.

(c) The Department may reimburse the owner of a benefited property for 50% of the actual project costs or for the maximum available amount established in the project agreement, whichever is less. If the Department, through its employees, agents, or contractors, has designed or installed all or part of the nonstructural measures, the Department shall include as actual project costs the value of any labor or materials contributed by the State. The value of these items already contributed by the State shall be deducted from the amount to be reimbursed to the owner.

(d) In carrying out this section, the Department may utilize any general, special, State reimbursable, or federal reimbursable funds appropriated in the budget for nonstructural shore erosion control. Appropriations and expenditures of funds for the purposes of this section may not be subject to any provision of Sec.Sec. 8-1005 through 8-1007 of this subtitle.

#### Section 8-1005

(a)

  (1) There is a "Shore Erosion Control Construction Loan Fund".

  (2) The Department shall administer the Fund to provide interest-free loans or grants to persons, municipalities, or counties for design and construction of shore erosion control projects.

  (3) The Fund shall be maintained by:

    (i) Repayments of principal on loans made from the Fund, with the repayments made through a benefit charge the State levies on privately owned property benefited by shore erosion control projects. The benefit charge shall compensate the State for net project construction cost. The benefit charge shall be levied at a uniform rate over a period not exceeding 25 years;

    (ii) Repayment of administrative costs under Sec. 8-1004 of this subtitle; and

    (iii) Annual appropriation of funds to restore the Fund to a level sufficient to carry out an effective shore erosion control construction loan program during the succeeding year.

  (4)

    (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 interest earnings of the Fund shall be credited to the Fund.

  (5)

    (i) A property owner whose project is approved is eligible to receive an interest-free loan.

    (ii) If 2 or more property owners are included within a shore erosion control project, the land of each property owner shall be considered a separate shore erosion project for the purpose of computing net project construction cost.

    (iii) Subject to the availability of funding, the Department may, at the Department's discretion, authorize partial forgiveness of a loan granted under this subsection in accordance with ecologically based, performance-based, and equity-based criteria developed by the Department.

(b) During the first month of each fiscal year, the Department shall submit to the Department of Budget and Management:

  (1) An estimate of the amount of revenues the Fund expects to receive from repayment of outstanding loans; and

  (2) The amount of funds required to reestablish an adequate balance in the Fund to make loans during the next fiscal year.

(c) If it appears reasonably likely that funds will be available for an approved shore erosion control project, the Department shall develop complete plans, specifications, and all information necessary to solicit firm bids for construction of the project. After selection of a contractor, in accordance with normal competitive bidding procedures, the Department shall advise the property owner of the estimated cost for the completion of all work. The property owner then may elect to abandon the project, and forfeit any initial deposit required under the regulations of the Department.

(d)

  (1) If, after completion of the procedures required under subsection (c) of this section, the property owner decides to proceed with the project, the provisions of this subsection shall apply.

  (2) The property owner shall execute a written notice to proceed, on a form provided by the Department, and shall pay any property owner's cash contribution required under this subtitle. This action shall constitute an irrevocable commitment by the property owner to completion of the project in accordance with the provisions of this subtitle, including authorization for the Department to incur costs up to 10% in excess of the estimated cost above.

  (3) Any excess costs within the 10% limit may not act to increase the property owner's cash contribution, but shall be included in the net project construction cost for purposes of assessing benefit charges at the conclusion of the project.

  (4) The Department at this time shall cause a notice of lien to be recorded among the land records of the county where the benefited property is located. The notice generally shall describe the provisions of Sec. 8-1006 of this subtitle regarding lien priority and the assumption of liability by a purchaser of a benefited property.

  (5) The Department shall award a construction contract for the project, shall supervise actual construction work, and shall make reasonable efforts to ensure that the project is completed in accordance with all specifications and in a manner that conforms to normal industry practice. In this regard, the Department alone shall be responsible, in its own discretion, for negotiating any changes in the construction contract and for determining when the project is satisfactorily complete in all respects.

  (6) On completion of the project, the Department shall:

    (i) Endorse any property owner's cash contribution to the credit of the contractor; and

    (ii) Pay the balance due the contractor from the Fund.

  (7) Within 30 days of completion of the project, the Department shall certify to the Board of Public Works the net project construction cost. The Board of Public Works shall levy a benefit charge in accordance with the provisions of Sec. 8-1006 of this subtitle.

(e) Costs to maintain shore erosion control projects are the sole responsibility of the benefited property owner. The Department periodically shall inspect these projects to recommend to the property owner any measures required to maintain the project.

(f) Any county or any municipal corporation may borrow interest-free funds from the Fund for any approved project without the project construction cost limitation stated in this section. The county or municipal corporation shall repay the funds at a uniform rate over a period not exceeding 25 years as stated by agreement between the State and county or municipal corporation.

(g) The Department shall include in its budget a request for funds necessary to provide and maintain shore erosion protection for State-owned properties.

#### Section 8-1005.1

(a) Notwithstanding any other provision of this subtitle, the Department may require a property owner who has requested a loan, or a property owner may elect, to procure design and construction services for a shore erosion control project.

(b) The Department shall adopt regulations establishing procedures and technical standards for the procurement of design and construction services by a property owner.

#### Section 8-1006

(a) On receipt of certification from the Department that a shore erosion control project has been satisfactorily completed, the Board of Public Works shall fix and levy a benefit charge on the benefited property. The benefit charge shall be:

  (1) Payable in annual installments over a period of 25 years, or any shorter period as directed by the Board; and

  (2) Calculated so as to return to the State the net project construction cost resulting from the shore erosion control project.

(b) Annual installments shall be due beginning on the first day of July following levy of the benefit charge by the Board of Public Works, and each July 1 after that date until the benefit charge is paid totally. If not paid within 90 days of its due date, an installment shall be in default and shall bear interest at the rate of 2% a month from the time of default. The Department shall be responsible for collection of annual installments.

(c) A benefit charge assessed under this subtitle shall be a lien on the real property against which the benefit charge is assessed, and shall be subject to collection in the manner specified for foreclosure of mortgages. Any annual installments in default shall be a first lien on the benefited property, subject only to prior State, county, or municipal real property taxes. The outstanding balance of a benefit charge shall be afforded normal lien priority, except that the Department may agree in writing to grant precedence to a subsequent mortgage or deed of trust if necessary for refinancing, transfer, or improvement of a benefited property.

(d) Annual installments shall be a personal obligation of the owner of a benefited property at the time the installments become due. Sale of a benefited property may not extinguish a lien under this subtitle, and the purchaser in all instances shall take the property subject to any outstanding balance of the total benefit charge still unpaid at the conclusion of the sale, and shall be required to meet the same annual installments as previously were being assessed. Any notice of sale clearly shall identify this potential liability, provided that failure to so notify may not affect the obligation if the notice of lien required under Sec. 8-1005(d)(4) of this subtitle is filed properly.

#### Section 8-1007

(a) For purposes of Sec. 3-104 of the Real Property Article, which pertains to payment of taxes as a prerequisite to recording of any transfer of property, it is sufficient that all current annual installments of any benefit charge levied under this subtitle have been paid.

(b) In the case of any subdivision of benefited property subsequent to the filing of the notice of the lien required under this subtitle, the benefit charge shall apply:

  (1) Except as provided in this subsection, in proportion to the respective length of the shore erosion control project abutting each lot; or

  (2) If the owners and the Department agree that a different apportionment would more fairly treat a particular situation, then in accordance with that agreement.

(c) At the time of levy of any benefit charge under this subtitle or apportionment of an existing levy among subdivision lots, the Department shall notify appropriate tax officials for inclusion of the assessment in the tax records.

(d) On completion of payment of the total benefit charge relating to a shore erosion control project, the Department shall:

  (1) Certify to the Board of Public Works for release of the lien that payment has been completed; and

  (2) File a release of the lien in the appropriate land and tax records.

#### Section 8-1008

The Department, with the approval of the Board of Public Works, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the procedures of the Department for shore erosion control capital and loan projects under Sec.Sec. 8-1005, 8-1006, and 8-1007 of this subtitle.

### Subtitle 11. Beach Erosion Control and Replenishment

#### Section 8-1101

The General Assembly finds and declares that land movement and disturbance activities on Atlantic Coast beaches east of certain natural and physical contours and elevations of the beach endanger the integrity and continuity of the beach system which includes a dunal system, prevents adequate maintenance, shore erosion, and sediment control, and storm protection of these and adjacent areas, and results in the imposition of additional financial burdens on the citizens of the State.

#### Section 8-1102

(a)

  (1) Except as otherwise provided in paragraphs (2) through (4) of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State and the Beach Erosion Control District, the integrity and continuity of the dunal system and assuring adequate maintenance of the beaches, Beach Erosion Control District, and dunal system, to provide for shore erosion and sediment control and storm protection, and to minimize structural interference with the littoral drift of sand and any anchoring vegetation, any land clearing, construction activity, or the construction or placement of permanent structures within the Beach Erosion Control District is prohibited.

  (2) This prohibition does not apply to any project or activity approved by the Department and the appropriate soil conservation district specifically for storm control; beach erosion and sediment control; maintenance projects designed to benefit the Beach Erosion Control District; and a planned public utility pipeline carrying treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition to the approvals required by all other applicable federal and local laws and regulations, it is approved by the Board of Public Works as essential to the public health, safety, and welfare of the citizens of Worcester County, after having received the permission of the Secretaries of the Environment and Natural Resources, and the Secretary of Planning, including a guarantee that in any contract under this provision a person will not make any significant permanent environmental disruption to the area, and the construction area for the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a single 100 foot wide area perpendicular eastward from the west crest of the natural dune line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and Natural Resources and the Secretary of Planning find that there is no economically and environmentally feasible alternative, and that there is insufficient capacity at the existing Ocean City wastewater treatment facility and discharge pipe.

  (3)

    (i) Subject to subparagraph (iii) of this paragraph, this prohibition does not apply to the construction and installation of a qualified submerged renewable energy line, as defined in Sec. 7-208 of the Public Utilities Article, if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.

    (ii) An application for a certificate of public convenience and necessity to construct a qualified submerged renewable energy line, as defined in Sec. 7-208 of the Public Utilities Article, is subject to review by the Department and the Department of the Environment, as provided in Sec. 3-306 of this article.

    (iii) The Public Service Commission may not approve an application for a qualified submerged renewable energy line to be constructed or installed within the Assateague National Seashore Park or the Assateague State Park.

  (4)

    (i) Subject to subparagraphs (ii) through (iv) of this paragraph, this prohibition does not apply to the repair, renovation, reconstruction, or expansion of an existing structure owned by the State or the Mayor and City Council of Ocean City if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.

    (ii) A reconstruction or expansion project carried out under this paragraph shall:

      (1) Comply with siting and design criteria established under Sec. 3-1009 of this article; and

      (2) Be approved by the Mayor and City Council of Ocean City.

    (iii) Except as provided in subparagraph (iv) of this paragraph, a reconstruction or expansion project carried out under this paragraph may not:

      (1) Result in any increase in height above the existing structure; or

      (2) Extend beyond any existing duly recorded property or franchise boundary.

    (iv) If no recorded property or franchise boundary exists for a reconstruction or expansion project carried out under this paragraph, the project:

      (1) May only bring the existing structure into compliance with:

      (A) The federal Americans with Disabilities Act; or

      (B) Town of Ocean City fire prevention standards; and

      (2) May not increase the above-grade footprint of the existing structure in a northerly or southerly direction.

(b) The Secretary of the Environment, the Secretary of Natural Resources, and the Secretary of Planning, with the approval of the Board of Public Works, shall jointly adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article for the purpose of implementing the provisions of this section.

#### Section 8-1103

(a)

  (1) There is an Ocean Beach Replenishment Fund, consisting of money appropriated for that purpose in the State budget or in any bond enabling act and any money contributed by local jurisdictions in accordance with this section.

  (2) The Fund shall be maintained for the purposes stated in this section, and unspent portions of any appropriations to the Fund shall remain in the Fund and may not revert to the General Fund and any project or program funded under this subtitle is not subject to the provisions of Sec.Sec. 7-305(d)(3) and 8-128(c) of the State Finance and Procurement Article.

  (3) Any interest earned by the State on any funds contributed by local jurisdictions shall:

    (i) Accrue to the Fund; and

    (ii) Be applied to reduce the annual maintenance payments of the local jurisdictions.

(b) The Board of Public Works, upon the recommendation of the Secretary, may expend money appropriated from the Fund, directly or through loans or grants to local jurisdictions, for the following types of projects on Maryland's ocean beaches:

  (1) Bulkhead construction;

  (2) Dune restoration or construction;

  (3) Beach replenishment; and

  (4) Land acquisition necessary to accomplish any of the types of projects in this subsection.

(c) Funds shall be expended only upon projects that further an integrated plan that has been approved by the Secretary as providing protection against storm and flood events.

(d) The eligible costs of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation, or improvement. Bond proceeds appropriated to the Fund may not be used for project administrative costs. Costs for periodic additions of sand or other elements necessary to maintain the structural integrity of a project shall be eligible for financial assistance.

(e) The State shall assume 100% of the costs of any land acquisition project. State assistance for any other type of authorized project may not exceed 50% of nonfederal costs.

(f) All projects receiving State assistance under this subtitle shall be designed and managed by the Department, which shall consult with the project sponsors.

(g) Any accretion to existing beaches resulting from activities assisted by the Fund shall be deemed natural resources of the State, and title to any accretion is vested in the Department. Land created by any accretion to or replenishment of any ocean beach in Maryland is not vacant land within the meaning of the Real Property Article, and the Commissioner of Land Patents may not issue any patent for land so created.

(h) Grants or loans for project construction may not be authorized under this section until the Department and the Board of Public Works approve the following items as submitted by the municipality or county, as appropriate, in which the project is located:

  (1) An approved description of the project together with a financing plan;

  (2) A guarantee of the portion of costs not provided by State and federal assistance;

  (3) An agreement to be responsible for beach cleaning, policing, and lifeguard services on any restored or protected beach;

  (4) An agreement to convey at no cost to the State any lands or easements granted to the county or municipality and necessary for beach replenishment or dune restoration or construction purposes; and

  (5) Local ordinances and codes relating to building setbacks, piling depths, structural techniques for minimizing wind and storm damage, and building after storm damage.

(i) The financing plan submitted by the municipality and county in which the project is located shall:

  (1) Set forth a binding percentage allocation between the municipality and the county of the project costs not provided by State and federal assistance;

  (2) Set forth the revenue sources to be relied upon to provide the local costs, which without limitation may include:

    (i) As to the county:

      (1) The recordation tax authorized by Title 12 of the Tax - Property Article;

      (2) The admissions and amusement tax authorized by Sec. 4-102(b) of the Tax - General Article;

      (3) The county income tax authorized by Sec. 10-103 of the Tax - General Article;

      (4) State-collected, locally shared taxes or designated portions of the taxes;

      (5) Taxes authorized by the Tax - Property Article; and

      (6) Revenues raised by establishment of an erosion control district established pursuant to Sec.Sec. 21-202, 21-204, and 21-210 of the Local Government Article; and

    (ii) As to the municipality:

      (1) Taxes authorized by the Tax - Property Article;

      (2) Fees and charges authorized by Sec. 5-205(d) of the Local Government Article or the municipality's charter; and

      (3) The admissions and amusement tax authorized by Sec. 4-102(c) of the Tax - General Article; and

  (3) Be accompanied by a guaranty of the municipal and county share of such costs duly ratified by the governing body of each subdivision.

(j) In the event the county or municipality fails to raise or to pay to the State all or any portion of its percentage of the costs of a project as established by a financing plan within 6 months of the certification of costs by the State Comptroller, the State Comptroller shall cause to be withheld from State-collected, locally shared taxes, and, to the extent necessary, from the State aid for police protection provided under Title 4, Subtitle 5 of the Public Safety Article to which the county or municipality would otherwise be entitled, for the following fiscal year, a sum sufficient to reimburse the State for any sum remaining unpaid, together with interest on the unpaid amount at the rate of 10% per annum from the date of the certification by the State Comptroller.

#### Section 8-1104

An appraiser for the Department, the trier of fact in any condemnation proceeding, or any other person charged by law to determine fair market value shall consider the following among other relevant factors in determining the fair market value of any interest in land being acquired to implement Sec. 8-1103 of this subtitle:

(1) The date of valuation shall be determined recognizing that the State may have taken properties as of the date that prohibitions were imposed for the Beach Erosion Control District under Sec. 8-1105.1 of this subtitle;

(2) If the land lies within the Beach Erosion Control District established pursuant to Sec. 8-1105.1 of this subtitle, the land shall be valued subject to the restrictions of Sec. 8-1105.1 of this subtitle; provided, however, that if it appears that the owner is entitled to compensation for a taking under the provisions of Sec. 8-1105.1(c) of this subtitle, then the property shall be valued as if the restrictions of Sec. 8-1105.1 of this subtitle were not in effect, but all other applicable restrictions of State and local law were, including:

  (i) Building codes;

  (ii) Zoning;

  (iii) Public rights across the property acquired through dedication or prescription;

  (iv) Easements for dune construction and maintenance; and

  (v) Density limitations; and

(3) If fair market value is to be based on an assumption that the land can be developed, the costs of that development shall be estimated assuming the risk of storm damage with the beach in its condition as of the date of valuation, and taking into account any deterioration of the beach which could reasonably be expected to occur after the date of valuation, given no artificial improvement or protection of the beach at public expense. The costs shall include insurance costs and special construction costs attributable to the need to protect against storm damage.

#### Section 8-1105.1

(a) There is a Beach Erosion Control District, which consists of that land bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the borderline between the State of Maryland and the Commonwealth of Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island, and in Ocean City, is a mutually approved line to be known as the State-Ocean City building limit line which coincides, more or less, with the existing Ocean City building limit line and on occasion may coincide with the crest of the littoral system. The Department, after surveying, platting, and recording the State-Ocean City building limit line, has the authority to describe by regulation the State-Ocean City building limit line. The Department shall perform the survey, platting, and recording at its own expense within 30 days of July 1, 1975.

(b) Transferred.

(c) If the prohibitions imposed for the Beach Erosion Control District would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property taken.

(d) The provisions of this section are in addition to the provisions of Sec.Sec. 8-1103 and 8-1104 of this subtitle.

### Subtitle 13. Patuxent River Watershed

#### Section 8-1301

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

(b)

  (1) "Duly designated agency" means any public body corporate, whether exercising local or regional authority, in any of the counties listed in Sec. 8-1303 of this subtitle, which shall be officially designated by either or any of the counties which executes the programs and purposes of this subtitle within any of the counties.

  (2) However, in Montgomery and Prince George's counties, the Maryland-National Capital Park and Planning Commission is the duly designated agency of these counties to carry out the provisions of this subtitle.

(c) "Watershed" means the Patuxent River Watershed.

#### Section 8-1302

The General Assembly declares that flood prevention, conservation, sediment or erosion protection, and prevention of urban development within the Watershed is a public benefit and conducive to the public health, safety, and welfare.

#### Section 8-1303

The appropriate county governing body of Howard, Montgomery, Prince George's, Anne Arundel, Calvert, Charles, and St. Mary's counties or the duly designated agencies of the appropriate county governing body shall have the jurisdiction, power, and authority to define and create the Patuxent River Watershed in their respective counties. Each shall act cooperatively with the Department and local, county, State, and federal governments to protect areas subject to sediment or erosion damage and prevent encroachment by rapid growth and spread of urban development by creating a program of flood prevention and conservation.

#### Section 8-1304

(a) The Maryland-National Capital Park and Planning Commission shall have and exercise the authority granted by the provisions of this subtitle to the appropriate county governing body or its duly designated agency to the extent it pertains to:

  (1) Adopting the Watershed plan;

  (2) Acquisition, improvement, maintenance and operation of lands and other property for the purposes stated in this subtitle; and

  (3) Adopting regulations affecting the lands and property and leasing, contracting, and permit authority granted under this subtitle.

(b) This power and authority is in addition to that which is stated in Division II of the Land Use Article.

#### Section 8-1305

The appropriate county governing body of each county named in Sec. 8-1303 of this subtitle, or its duly designated agency, may adopt, amend, extend, or add to the Watershed plan, with the approval of the Department. The plan, including maps, plats, charts, and descriptive matter, shall show the respective appropriate county governing body's, or its duly designated agency's recommendations to protect the Watershed, and may include, items such as location of lands to be acquired, either in fee or by easement, for the purposes of this subtitle, and public uses proposed for the lands, including the location, arrangement, character, and extent of roadways, waterways, waterfronts, beaches, docks and wharves, parks, forest preserves, public recreational areas, wildlife refuges, natural scenery, and open spaces.

#### Section 8-1306

(a) The appropriate county governing body or its duly designated agency may adopt:

  (1) Part of the Watershed plan in its respective county;

  (2) Any part to cover 1 or more sections of the Watershed within its respective county; or

  (3) 1 or more of the other functional subject matters to be included in the plan.

(b) Before adopting the plan or any part, extension, amendment, or addition to it, the appropriate county governing body or its duly designated agency shall hold at least 1 public hearing. Thirty days notice of the time and place of the hearing shall be given by publishing a notice once in a newspaper of general circulation in the affected county. Adopting, amending, extending, or adding to the plan or any part of the plan shall be by resolution. The resolution expressly shall refer to the maps and other descriptive matter, which the appropriate county governing body or its duly designated agency intends to form the whole or part of the plan. Any action taken shall be recorded on the map, plan, or descriptive matter by the identifying signatures of the appropriate county official. The appropriate county governing body or its duly designated agency shall certify an attested copy of the plan or any part, amendment, extension, or addition to the plan and file it with the clerk of the circuit court for the county affected.

#### Section 8-1307

For the purpose of carrying out any recommendation of the Watershed plan or any part of the plan, each county, through its appropriate county governing body or duly designated agency, in cooperation with the Department, may acquire land or other property, by means of donation, purchase, or condemnation, either in fee or by easement, located within the area of the county for the public purposes delineated in the plan. The appropriate county governing body or its duly designated agency may improve and develop the acquired land or other property for the purposes of the plan. The plan controls maintenance and operation of the land or other property.

#### Section 8-1308

To finance or assist in financing acquisition of land or other property for the purposes shown on the Watershed plan, or for improvement or development of the Watershed plan, the appropriate county governing body or its duly designated agency may receive and expend any contribution, donation, or appropriation which the federal government or any person makes.

#### Section 8-1309

The appropriate county governing body or its duly designated agency may acquire lands for the purposes stated in this subtitle outside of the area of the Watershed plan, if the appropriate county governing body or its duly designated agency finds that acquisition is necessary to preserve any portion of the Watershed plan in its county. The appropriate county governing body or its duly designated agency may expend any authorized funds under the provisions of this subtitle to purchase land outside the area of the Watershed plan.

#### Section 8-1310

(a) The county or its duly designated agency shall hold land acquired under this subtitle, title to which shall become vested in the county in which the land lies or the county's duly designated agency, for the general benefit of the State and county. Title to the acquired land may not be conveyed out of the county or its duly designated agency, nor may its use be extinguished without the consent and approval of the Department. The provisions of this section may not be construed to affect the power of the Department to acquire property by power of condemnation, nor affect the Department's power to purchase or accept any gift of property.

(b) Any land or property acquired under the provisions of this subtitle shall be exempt from any general or special State, county, and municipal tax.

(c) The appropriate county governing body of each affected county may levy an annual special tax for the benefit of the Watershed acquisition program. The tax may be levied on all of the property within the respective county, assessed for county taxation purposes. The appropriate county governing body may allocate the aggregate amount collected by the tax to the Watershed acquisition program, or to pay the aggregate amount collected by the tax to the duly designated agency under the provisions of this subtitle for the agency's Watershed acquisition program. The appropriate county governing body or its duly designated agency may expend the proceeds of the tax only within the county where the tax was collected to acquire land and other property shown on the Watershed plan as recommended for purchase to protect the Watershed. The proceeds of the tax shall be expended on a 50-50 matching basis with the Department.

#### Section 8-1311

(a) The appropriate county governing body or its duly designated agency may:

  (1) Lease for a term not exceeding 20 years and renew any lease for any additional term, not exceeding 20 years each, to any person, any portion of the land acquired for the purposes stated in this subtitle; and

  (2) Grant any privilege, permit, or enter into any contract with any person, to engage in any business or enterprise on land acquired for the purposes stated in this subtitle on terms and conditions the appropriate county governing body or its duly designated agency deems advantageous to develop the Watershed plan.

(b) The purpose for which any property is leased, and any privilege, permit, and concession is granted, may not be inconsistent with the use of the property as recommended by the Watershed plan. Any lease or contract executed under the provisions of this section shall contain a condition stating specifically the purpose for which the property is leased or the privilege, permit, or concession is granted. Any lease, contract, privilege, or permit requires approval of the Department.

#### Section 8-1312

The appropriate county governing body or its duly designated agency, with the approval of the Department, may sell, convey, transfer, lease, or exchange any land acquired under this subtitle deemed unnecessary for the purposes of this subtitle.

#### Section 8-1313

The appropriate county governing body or its duly designated agency may adopt regulations for use of land or other property acquired under the provisions of this subtitle. A copy of the regulations shall be posted on the land or other property to which they apply. Following their adoption, the regulations shall be published at least 3 times within 60 days, in 1 or more newspapers published in the county in which the land or other property lies. The posting and publication is sufficient notice to every person. The sworn certificate of any member of the appropriate county governing body or its duly designated agency shall be prima facie evidence of the posting and publication.

#### Section 8-1314

(a) To acquire land and other property shown or recommended on the Watershed plan, the appropriate county governing body or its duly designated agency may apply to the Department for a grant from the local projects share of Program Open Space as provided in Title 5 of this article. The application shall conform to the requirements specified in Title 5 of this article.

(b) If funds are not available to any county named in Sec. 8-1303 of this subtitle under Program Open Space, the Department shall include in the Department's budget a request for funds to acquire land within the county for the purposes stated in this subtitle. The funds, when appropriated, shall be matched by the respective appropriate county governing body or its duly designated agency to acquire land or other property shown or recommended on the Watershed plan for the designated public purposes. The budget request shall itemize the Watershed land acquisition program of each county or its duly designated agency, showing total acreage proposed to be acquired during the coming fiscal year, together with an estimate of funds to be made available by each county for the acquisition.

#### Section 8-1315

The Department shall cooperate with the appropriate county governing body or its duly designated agency to formulate, adopt, amend, extend, or add to the Watershed plan in each affected county. The approval of the Secretary shall be placed on every map, plan, or descriptive matter which forms a part of the plan.

#### Section 8-1316

The Secretary may enter into agreements with any respective county affected or its duly designated agency to acquire land or other property to accomplish the purposes of this subtitle. The Secretary may obligate the Department to reimburse the county up to 50% for the cost of the land or other property, plus 50% for the normal cost of acquisition. However, funds have to be appropriated, and sufficiently on hand to meet the Department's obligation under these agreements.

#### Section 8-1317

The appropriate county governing body or its duly designated agency shall prepare an annual program for acquisition of land or other property within the area affected by the Watershed plan, showing total acreage proposed for purchase during the coming fiscal year, for the purposes of this subtitle, together with estimated costs of the annual program.

#### Section 8-1318

The appropriate county governing body or its duly designated agency may acquire land or other property in anticipation of matching money of the Department, when, in the sole discretion of the appropriate county governing body or its duly designated agency, acquisition of the land is deemed immediately essential to safeguard and preserve the Watershed plan.

#### Section 8-1319

The provisions of this subtitle may not limit or restrict the State or county police power on any acquired land.

### Subtitle 18. Chesapeake and Atlantic Coastal Bays Critical Area Protection Program

#### Section 8-1801

(a) The General Assembly finds and declares that:

  (1) The Chesapeake and the Atlantic Coastal Bays and their tributaries are natural resources of great significance to the State and the nation, and their beauty, their ecological value, and their economic impact all reach far beyond any one local jurisdiction;

  (2) The shoreline and adjacent lands, particularly the buffer areas, constitute a valuable, fragile, and sensitive part of this estuarine system, where human activity can have a particularly immediate and adverse impact on water quality and natural habitats;

  (3) The capacity of these shoreline and adjacent lands to withstand continuing demands, including climate change, without further degradation to water quality and natural habitats is limited;

  (4) Human activity is harmful in these shoreline areas, where the new development of nonwater-dependent structures and uses or an increase in lot coverage is presumed to be contrary to the purpose of this subtitle, because these activities may cause or amplify adverse impacts, of both an immediate and a long-term nature, to the Chesapeake and the Atlantic Coastal Bays, and thus it is necessary wherever possible to maintain a buffer of at least 100 feet landward from the mean high water line of tidal waters, tributary streams, and tidal wetlands;

  (5) National studies have documented that the quality and productivity of the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative effects of human activity that have caused increased levels of pollutants, nutrients, and toxics in the Bay system and declines in more protective land uses such as forestland and agricultural land in the Bay region;

  (6) Those portions of the Chesapeake and the Atlantic Coastal Bays and their tributaries within Maryland are particularly stressed by the continuing population growth and development activity concentrated in the Baltimore-Washington metropolitan corridor and along the Atlantic Coast;

  (7) The quality of life for the citizens of Maryland is enhanced through the restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic Coastal Bays and their tributaries in a manner in which burdens and benefits are distributed equitably;

  (8) The restoration of the Chesapeake and the Atlantic Coastal Bays and their tributaries is dependent, in part, on minimizing further adverse impacts to the water quality and natural habitats of the shoreline and adjacent lands, and enhancing the  natural resources in the Critical Area, particularly in the buffer;

  (9) The cumulative impact of current development and of each new development activity in the buffer is inimical to these purposes, and it is therefore imperative that State law protect irreplaceable State buffer resources from unpermitted activity;

  (10) There is a critical and substantial State interest for the benefit of current and future generations in fostering more sensitive development and more effective enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water quality and natural habitats;

  (11) There is a critical and substantial State interest in developing policies and strategies to better mitigate, prepare for, and adapt to the consequences of climate change along the State's shorelines, including sea level rise, storm surge, precipitation-induced flooding, and other extreme weather events and to enhance the resilience of the State's shorelines by identifying, restoring, creating, and conserving existing natural and nature-based features;

  (12) There is a critical and substantial State interest in ensuring the equitable distribution of the benefits and burdens of development, restoration, mitigation, and conservation along the State's shorelines and in ensuring equitable representation and participation in these processes; and

  (13) The inclusion of incentive-based programs to ensure development is compatible with projected climate impacts and coastal hazards is vital to the State's goal of addressing climate resiliency.

(b) It is the purpose of the General Assembly in enacting this subtitle:

  (1) To establish a Resource Protection Program for the Chesapeake and the Atlantic Coastal Bays and their tributaries by fostering more sensitive development activity for certain shoreline areas so as to minimize damage to water quality and natural habitats; and

  (2) To implement the Resource Protection Program on a cooperative basis between the State and affected local governments, with local governments establishing and implementing their programs in a consistent, uniform, and equitable manner subject to State and local leadership, criteria, and oversight.

#### Section 8-1802

(a)

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

  (2) "Adjacent" means, with respect to areas with different land classifications:

    (i) Sharing a common boundary line; or

    (ii) Separated by a public or private street, road, right-of-way, or other utility or access easement.

  (3) "Atlantic Coastal Bays" means the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays.

  (4) "Atlantic Coastal Bays Critical Area" means the initial planning area identified under Sec. 8-1807 of this subtitle.

  (5) "Buffer" means an existing, naturally vegetated area, or an area established in vegetation and managed to protect aquatic, wetlands, shoreline, and terrestrial environments from manmade disturbances.

  (6) "Chesapeake Bay Critical Area" means the initial planning area identified under Sec. 8-1807 of this subtitle.

  (7)

    (i) "Climate resiliency" means the capacity of a natural system to maintain function in the face of stresses imposed by climate change.

    (ii) "Climate resiliency" includes adapting a natural system to be better prepared for future climate impacts including sea level rise, saltwater intrusion, wetland migration, storm surge, precipitation-induced flooding, and other extreme weather events.

  (8) "Commission" means the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays established in this subtitle.

  (9) "Critical Area" means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area.

  (10) "Developer" means:

    (i) A person who undertakes development as defined in this section; or

    (ii) A person who undertakes development activities as defined in the criteria of the Commission.

  (11) "Development" means any activity that materially affects the condition or use of dry land, land under water, or any structure.

  (12)

    (i) "Dwelling unit" means a single unit providing complete, independent living facilities for at least one person, including provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life.

    (ii) "Dwelling unit" includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.

  (13) "Environmental justice" has the meaning stated in Sec. 1-701 of the Environment Article.

  (14)

    (i) "Equity" means promotion of justice, impartiality, and fairness within the procedures, processes, and distribution of resources by institutions or systems.

    (ii) "Equity" includes consideration of environmental burdens and benefits, identification of impacts and mitigation opportunities, increased representation in public participation, and provisions for public access to waterways.

  (15) "Growth allocation" means the number of acres of land in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local jurisdiction may use to create new intensely developed areas and new limited development areas.

  (16) "Includes" means includes or including by way of illustration and not by way of limitation.

  (17)

    (i) "Intensely developed area" means an area of at least 20 acres or the entire upland portion of the critical area within a municipal corporation, whichever is less, where:

      (1) Residential, commercial, institutional, or industrial developed land uses predominate; and

      (2) A relatively small amount of natural habitat occurs.

    (ii) "Intensely developed area" includes:

      (1) An area with a housing density of at least four dwelling units per acre;

      (2) An area with public water and sewer systems with a housing density of more than three dwelling units per acre; or

      (3) A commercial marina redesignated by a local jurisdiction from a resource conservation area or limited development area to an intensely developed area through a mapping correction that occurred before January 1, 2006.

  (18) "Land classification" means the designation of land in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with the criteria adopted by the Commission as an intensely developed area or district, a limited development area or district, or a resource conservation area or district.

  (19)

    (i) "Limited development area" means an area:

      (1) That is developed in low or moderate intensity uses and contains areas of natural plant and animal habitat; and

      (2) Where the quality of runoff has not been substantially altered or impaired.

    (ii) "Limited development area" includes an area:

      (1) With a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;

      (2) With a public water or sewer system;

      (3) That is not dominated by agricultural land, wetland, forests, barren land, surface water, or open space; or

      (4) That is less than 20 acres and otherwise qualifies as an intensely developed area under paragraph (17) of this subsection.

  (20) "Local jurisdiction" means a county, or a municipal corporation with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located.

  (21)

    (i) "Lot coverage" means the percentage of a total lot or parcel that is:

      (1) Occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or

      (2) Covered with gravel, stone, shell, decking, a paver, permeable pavement, or any manmade material.

    (ii) "Lot coverage" includes the ground area covered or occupied by a stairway or impermeable deck.

    (iii) "Lot coverage" does not include:

      (1) A fence or wall that is less than 1 foot in width that has not been constructed with a footer;

      (2) A walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier;

      (3) A wood mulch pathway; or

      (4) A permeable deck.

  (22) "Natural features" means components and processes present in or produced by nature, including soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.

  (23)

    (i) "Nature-based features" means those small-scale nonstructural features that mimic characteristics of natural features and are created by human design, engineering, and construction to provide specific services, including coastal risk reduction.

    (ii) "Nature-based features" includes living shorelines, oyster reefs, marsh restoration, and buffers.

  (24) "Overburdened community" has the meaning stated in Sec. 1-701 of the Environment Article.

  (25)

    (i) "Program" means the critical area protection program of a local jurisdiction.

    (ii) "Program" includes any amendments to the program.

  (26)

    (i) "Program amendment" means any change or proposed change to an adopted program that is not determined by the Commission chair to be a program refinement.

    (ii) "Program amendment" includes a change to a zoning map that is not consistent with the method for using the growth allocation contained in an adopted program.

  (27)

    (i) "Program refinement" means any change or proposed change to an adopted program that the Commission chair determines will result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the critical area.

    (ii) "Program refinement" may include:

      (1) A change to an adopted program that results from State law;

      (2) A change to an adopted program that affects local processes and procedures;

      (3) A change to a local ordinance or code that clarifies an existing provision; and

      (4) A minor change to an element of an adopted program that is clearly consistent with the provisions of this subtitle and all of the criteria of the Commission.

  (28)

    (i) "Project approval" means the approval of development, other than development by a State or local government agency, in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval authority.

    (ii) "Project approval" includes:

      (1) Approval of preliminary and final subdivision plats and site plans;

      (2) Inclusion of areas within floating zones;

      (3) Issuance of variances, special exceptions, and conditional use permits; and

      (4) Approval of rezoning.

    (iii) "Project approval" does not include building permits.

  (29)

    (i) "Resource conservation area" means an area that is characterized by:

      (1) Nature dominated environments, such as wetlands, surface water, forests, and open space; and

      (2) Resource-based activities, such as agriculture, forestry, fisheries, or aquaculture.

    (ii) "Resource conservation area" includes an area with a housing density of less than one dwelling per five acres.

  (30) "Tributary stream" means a perennial stream or an intermittent stream within the critical area that has been identified by site inspection or in accordance with local program procedures approved by the Commission.

  (31) "Underrepresented community" has the meaning stated in Sec. 19-106 of the Business Regulation Article.

  (32) "Underserved community" has the meaning stated in Sec. 1-701 of the Environment Article.

(b) Wherever this subtitle requires Prince George's County to exercise any power or authority Prince George's County shares with the Maryland-National Capital Park and Planning Commission, the obligation imposed by this subtitle rests on both the county and the Maryland-National Capital Park and Planning Commission in accordance with their respective powers and authorities.

#### Section 8-1803

(a) There is a Critical Area Commission for the Chesapeake and Atlantic Coastal Bays in the Department.

(b) The Secretary has no authority under Title 1 of this article:

  (1) To approve, alter, or amend the policies or programs of the Commission;

  (2) To transfer, assign, or reassign statutory functions or activities to or from the Commission; or

  (3) To adopt, approve, or revise regulations of the Commission.

#### Section 8-1804

(a)

  (1) The Commission consists of 29 voting members who reflect the diversity of the State and are appointed by the Governor, as follows:

    (i) A full-time chair, appointed with the advice and consent of the Senate, who shall serve at the pleasure of the Governor;

    (ii) 13 individuals, appointed with the advice and consent of the Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. At least 1 of these 13 individuals must be an elected or appointed official of a municipality. These individuals shall serve on the Commission only while they hold local office. Each shall be selected from certain counties or from municipalities within the counties as follows, and only after the Governor has consulted with elected county and municipal officials:

      (1) 1 from each of Baltimore City and Anne Arundel, Baltimore, and Prince George's counties;

      (2) 1 from Harford County or Cecil County;

      (3) 1 from Kent County or Queen Anne's County;

      (4) 1 from Caroline County;

      (5) 1 from Talbot County or Dorchester County;

      (6) 1 from Wicomico County or Somerset County;

      (7) 2 from Calvert County, Charles County, or St. Mary's County, both of whom may not be from the same county; and

      (8) 2 from Worcester County, 1 of whom shall be a resident of the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic Coastal Bays Watershed;

    (iii) 8 individuals, appointed with the advice and consent of the Senate, who shall represent diverse interests, including underrepresented communities, and among whom shall be a resident from each of the 5 counties that are listed and from which an appointment has not been made under item (ii) of this paragraph and 3 of the 8 members appointed under this item shall be at large members, 1 of whom shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and

    (iv) The Secretaries of Agriculture, Commerce, Housing and Community Development, the Environment, Transportation, Natural Resources, and Planning, ex officio, or the designee of the Secretaries.

  (2)

    (i) Of the 2 Worcester County members from the Atlantic Coastal Bays Watershed, 1 shall be the Mayor of Ocean City or the designee of the Mayor.

    (ii) Notwithstanding paragraph (1) of this subsection, a member from the Atlantic Coastal Bays Watershed who is the Mayor of Ocean City or the designee of the Mayor is not subject to the advice and consent of the Senate.

(b) A member of the Commission who does not hold another office of profit at the State or local level shall be entitled to compensation as provided in the budget. Members of the Commission shall be entitled to reimbursement for expenses as provided in the budget.

(c) Except for the chair and ex officio State officers or their representatives:

  (1) The term of a member is 4 years;

  (2) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 1984;

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

  (4) A member who is appointed after a term is begun serves for the rest of the term and until a successor is appointed and qualifies;

  (5) A member may serve no more than 2 terms; and

  (6) Any member of the Commission appointed by the Governor who shall fail to attend at least 60% of the meetings of the Commission during any period of 12 consecutive months shall be considered to have resigned, and the chair shall forward the member's name to the Governor, not later than January 15 of the year following the nonattendance with the statement of the nonattendance, and the Governor shall appoint a successor for the remainder of the term. If the member has been unable to attend meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor may waive the resignation if the reasons are made public.

(d) If a vacancy arises other than by the expiration of a term, the Governor shall appoint within 30 days, with the advice and consent of the Senate, a successor of like qualification to serve the remainder of the term.

(e)

  (1) A quorum of the Commission consists of 1 member more than a majority of the full authorized membership of the Commission.

  (2) A quorum of a panel of the Commission consists of 3 members.

  (3) The Commission or a panel of the Commission may not hold a public hearing unless a quorum is present.

  (4) The Commission or a panel of the Commission may not take any official action unless:

    (i) A quorum is present; and

    (ii) A majority of the members who are present and eligible to vote concur in or vote for the action.

#### Section 8-1805

(a)

  (1) The Commission shall have the staff provided for in the State budget.

  (2) The staff assigned to the Coastal Zone Management Program in the Department shall assist the Commission in the development of regulations and the review of programs.

  (3) The State departments represented on the Commission may lend staff or other assistance to the Commission.

(b)

  (1) The chair with the approval of the Commission shall appoint an Executive Director for the Commission.

  (2) The Executive Director serves at the pleasure of the chair and is entitled to the salary provided in the State budget.

  (3) The Executive Director shall direct the staff of the Commission.

(c) The Attorney General shall designate an assistant Attorney General to advise and represent the chair and the Commission.

#### Section 8-1806

(a) The Commission has all powers necessary for carrying out the purposes of this subtitle, including the following:

  (1) In accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article, to adopt and amend regulations by affirmative vote of the Commission and as authorized under this subtitle for the administration and enforcement of the State and local programs;

  (2) To conduct hearings in connection with policies, proposed programs, and proposed regulations or amendments to regulations; and

  (3) To contract for consultant or other services.

(b) Regulations adopted or amended under subsection (a)(1) of this section shall:

  (1) Establish comprehensive standards and procedures for:

    (i) Buffer establishment, maintenance, measurement, mitigation, and enforcement;

    (ii) Modified buffer areas;

    (iii) Impacts of shoreline stabilization activities on the buffer;

    (iv) Community piers;

    (v) Commercial marinas;

    (vi) Water dependent facilities;

    (vii) Public water access;

    (viii) The protection and conservation of the buffer as a State water quality and habitat resource essential to the restoration of the Chesapeake and Atlantic Coastal Bays;

    (ix) Mapping the critical area, with respect to revision of the 1,000-foot boundary and voluntary additions of property to the critical area;

    (x) Development in the critical area, with respect to:

      (1) Clearing, grading, and construction activity;

      (2) Clustering to promote conservation of natural site features;

      (3) The transfer of development rights;

      (4) Flexibility for redevelopment;

      (5) Stormwater management;

      (6) Application of the 10% pollutant reduction rule;

      (7) Forest and developed woodlands protections;

      (8) Clearing of natural vegetation;

      (9) Lot coverage standards;

      (10) Commission review of local provisions for lot consolidation; and

      (11) The exclusion of State tidal wetlands from calculations of density, forest and developed woodlands protections, limitations on clearing natural vegetation, and lot coverage standards;

    (xi) Consistent enforcement of State and local critical area law, with respect to the establishment of minimum penalties and mitigation requirements;

    (xii) Growth allocation applications, with respect to:

      (1) The deduction of growth allocation acreage;

      (2) Commission review and determinations;

      (3) Accommodation of variations among local jurisdictions concerning land uses in the resource conservation area that do not require growth allocation;

      (4) The location of septic systems;

      (5) Golf courses; and

      (6) The Commission's evaluation of a local jurisdiction's use of cluster development under Sec. 8-1808.1 of this subtitle;

    (xiii) In consultation with appropriate State and federal agencies, the conservation and protection of:

      (1) Habitat protection areas;

      (2) Threatened and endangered species;

      (3) Species in need of conservation;

      (4) Forest interior dwelling birds;

      (5) Anadromous fish propagation waters; and

      (6) Plant and wildlife habitat;

    (xiv) Directives for local program development and implementation, with respect to:

      (1) Notification of project applications;

      (2) The 10-year comprehensive review of a local critical area program;

      (3) For a State or local government development activity:

      (A) Public notice, including notice to be published in a newspaper of general circulation in the area where the proposed development activity would occur; and

      (B) An opportunity for public comment in the local jurisdiction in which the proposed development activity would be located;

      (4) Reporting requirements, including accounting of fee in lieu funds;

      (5) The submission and processing of a proposed program amendment or refinement; and

      (6) Provisions applicable to areas requested for exclusion from the critical area;

    (xv) In consultation with the Department of the Environment, surface mining in the critical area;

    (xvi) The application for and processing of a variance, with respect to:

      (1) Amending a variance application;

      (2) Advance notice to the Commission;

      (3) The contents of a complete variance application;

      (4) Ensuring that Commission recommendations are made part of the variance record;

      (5) The use of variance standards; and

      (6) Notice of a variance decision;

    (xvii) Assessing and adapting the critical area for climate resiliency;

    (xviii) Enhancing the resilience of the critical area by protecting, creating, and restoring natural and nature-based features; and

    (xix) Environmental justice and equity initiatives that:

      (1) Address disparate impacts of development; and

      (2) Ensure the benefits of development, restoration, mitigation, and conservation are shared equitably; and

  (2) Provide flexibility wherever possible in order to accommodate variations among local programs.

#### Section 8-1807

(a) The initial planning area for determination of the Chesapeake Bay Critical Area consists of:

  (1) All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article; and

  (2) All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article.

(b) The initial planning area for determination of the Atlantic Coastal Bays Critical Area consists of:

  (1) All waters of and lands under the coastal bays and their tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 16 of the Environment Article; and

  (2) All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Environment Article.

(c)

  (1)

    (i) In determining the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area within its boundaries, a local jurisdiction may exclude those portions of the planning area designated in subsection (a) or (b) of this section which the local jurisdiction finds to be:

      (1) Part of a developed, urban area in which, in view of available public facilities and applicable laws and restrictions, the imposition of a program would not substantially improve protection of tidal water quality or conservation of fish, wildlife, or plant habitats; or

      (2) Located at least 1,000 feet from open water and separated from open water by an area of wetlands which it is found will serve to protect tidal water quality and fish, wildlife, or plant habitats from adverse impacts of development in the excluded area.

    (ii) A portion of urban area to be excluded shall be at least 50% developed and may not be less than 2,640,000 square feet in contiguous area or the entire initial planning area located within the boundaries of a municipality, whichever is less.

  (2) A local jurisdiction shall include in any program submitted to the Commission under Sec. 8-1809 of this subtitle a designation of those portions of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area proposed for exclusion under paragraph (1) of this subsection, together with all factual information and expert opinion supporting its findings under this subsection.

  (3) The Commission shall approve a local jurisdiction's designation of portions to be excluded unless the Commission finds, based on stated reasons, that the decision of the local jurisdiction was:

    (i) Not supported by competent and material evidence; or

    (ii) Arbitrary or capricious.

  (4) If the Commission develops the program to be applied in a local jurisdiction, the Commission shall exclude areas as appropriate to meet the intent of paragraph (1) of this subsection.

(d) The Chesapeake Bay Critical Area shall consist of:

  (1) Those areas designated in subsection (a) of this section, except any areas excluded in accordance with subsection (c) of this section; and

  (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission.

(e) The Atlantic Coastal Bays Critical Area shall consist of:

  (1) Those areas designated in subsection (b) of this section, except any areas excluded in accordance with subsection (c) of this section; and

  (2) Additional areas proposed for inclusion by local jurisdictions and approved by the Commission.

#### Section 8-1808

(a)

  (1) It is the intent of this subtitle that each local jurisdiction shall have primary responsibility for developing and implementing a program, subject to review and approval by the Commission.

  (2) The Governor shall include in the budget annually a sum of money to be used for grants to assist local jurisdictions with the reasonable costs of implementing and updating a program under this section. Each local jurisdiction shall submit to the Governor by May 1 of each year a detailed request for funds to assist in the implementation and updating of a program under this section.

  (3)

    (i) For each fiscal year, the Governor shall include in the annual budget bill an appropriation to provide grants to assist local jurisdictions to incorporate climate and equity provisions required under subsection (c)(1)(iii)16 and 17 of this section into an updated local program.

    (ii) By May 1 of each year, a local jurisdiction shall submit to the Commission a detailed request for funding under this paragraph.

    (iii) On the request of a local jurisdiction, the chair may extend the deadline under subparagraph (ii) of this paragraph.

(b) A program shall consist of those elements which are necessary or appropriate to:

  (1) Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands;

  (2) Conserve fish, wildlife, and plant habitat;

  (3) Establish land use policies for development in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement, and activities of persons in that area can create adverse environmental impacts;

  (4) Reduce vulnerability to the impacts of climate change and incorporate measures to improve the climate resiliency of the Chesapeake and Atlantic Coastal Bays and its tributaries; and

  (5) Ensure an equitable distribution of the burdens and benefits of development, mitigation, restoration, conservation, and adaptation to climate change within the critical area.

(c)

  (1)

    (i) Notwithstanding any provision in a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the requirements of this subtitle shall apply to, and be applied by, a local jurisdiction as minimum standards for a program sufficient to meet the goals of the Critical Area Program.

    (ii) With the approval of the Commission, a local jurisdiction may establish procedures for the granting of an administrative variance.

    (iii) At a minimum, a program shall contain all of the following elements, including:

      (1) A map designating the critical area in a local jurisdiction;

      (2) A comprehensive zoning map for the critical area;

      (3) As necessary, new or amended provisions of the jurisdiction's:

      (A) Subdivision regulations;

      (B) Comprehensive or master plan;

      (C) Ordinances or regulations that affect development in the critical area;

      (D) Provisions relating to enforcement; and

      (E) Provisions as appropriate relating to development rights that predate the program as adopted or approved by the Commission, including provisions for bringing lands into conformance with the Program as required under item 12 of this subparagraph;

      (4) Provisions requiring that:

      (A) Project approvals shall be based on findings that projects are consistent with the standards stated in subsection (b) of this section; and

      (B) The Commission shall receive written notice of local decisions regarding project approvals or denials in accordance with local procedures approved by the Commission;

      (5) Provisions to limit lot coverage and to require or encourage cluster development, where necessary or appropriate;

      (6) Establishment of buffer areas along shorelines within which agriculture will be permitted only if an agricultural best management practice is used, provided that structures or any other use of land which is necessary for adjacent agriculture shall also be permitted in any buffer area;

      (7) Requirements for minimum setbacks for structures and septic fields along shorelines, including the establishment of a minimum buffer landward from the mean high water line of tidal waters, tributary streams, and tidal wetlands;

      (8) Assessment and mapping of shoreline areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, public access or assembly, and water-related recreation such as boat slips, piers, and beaches, with consideration given to underserved communities;

      (9) Designation of shoreline areas, if any, that are suitable for ports, marinas, and industries that use water for transportation or derive economic benefits from shore access;

      (10) Provisions requiring that all harvesting of timber in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area be in accordance with plans approved by the district forestry board;

      (11) Provisions for reasonable accommodations in policies or procedures when the accommodations are necessary to avoid discrimination on the basis of physical disability, including provisions that authorize a local jurisdiction to require removal of a structure that was installed or built to accommodate a physical disability and require restoration when the accommodation permitted by this paragraph is no longer necessary;

      (12) Procedures, including consolidation or reconfiguration of lots, that shall be approved by the Commission and assure that the following lots and lands are brought into conformance with the Program to the extent possible:

      (A) In the Chesapeake Bay Critical Area, any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;

      (B) In the Chesapeake Bay Critical Area, land that was subdivided into recorded legally buildable lots, where the subdivision received the local jurisdiction's final approval before June 1, 1984;

      (C) In the Atlantic Coastal Bays Critical Area, any legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of June 1, 2002; and

      (D) In the Atlantic Coastal Bays Critical Area, land that was subdivided into recorded legally buildable lots, where the subdivision received the local jurisdiction's final approval before June 1, 2002;

      (13) Except as provided in subsection (d) of this section, provisions for granting a variance to the local jurisdiction's critical area program, in accordance with regulations adopted by the Commission concerning variances set forth in COMAR 27.01.12;

      (14) Penalty provisions establishing that, in addition to any other penalty applicable under State or local law, each person who violates a provision of this subtitle or of a program, including a contractor, property owner, or any other person who committed, assisted, authorized, or participated in the violation is subject to a fine not exceeding $10,000;

      (15) Enforcement procedures in accordance with due process principles, including notice and an opportunity to be heard, and establishing that:

      (A) Each violation of this subtitle or of a regulation, rule, order, program, or other requirement adopted under the authority of this subtitle constitutes a separate offense;

      (B) Each calendar day that a violation continues constitutes a separate offense;

      (C) For each offense, a person shall be subject to separate fines, orders, sanctions, and other penalties;

      (D) Penalties for continuing violations shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense;

      (E) On consideration of all the factors included under this subsection and any other factors in the local jurisdiction's approved program, the local jurisdiction shall impose the amount of the penalty;

      (F) Satisfaction of all conditions specified under paragraph (4) of this subsection shall be a condition precedent to the issuance of any permit, approval, variance, or special exception for the affected property; and

      (G) Unless an extension of time is appropriate because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed;

      (16) Provisions for:

      (A) Identifying areas vulnerable to climate change;

      (B) Mitigation and adaptation measures that address sea level rise, storm surge, precipitation-induced flooding, other extreme weather events, migrating wetlands, and coastal forests; and

      (C) Enhancing the climate resiliency of the critical area by identifying, restoring, and creating and conserving existing and projected future natural and nature-based features;

      (17) Provisions for:

      (A) Identifying underserved and overburdened communities within the critical area;

      (B) Measures to ensure the equitable distribution of the benefits and burdens of development, restoration, and mitigation within the critical area; and

      (C) Ensuring equity in the public participation process;

      (18) Provisions to ensure public access to the water, shoreline, and other natural areas for underserved or overburdened communities; and

      (19) Methods to ensure effective allocation, accounting, and reporting of fee in lieu funds.

  (2)

    (i) In determining the amount of the penalty to be assessed under paragraph (1)(iii)14 of this subsection, a local jurisdiction shall consider:

      (1) The gravity of the violation;

      (2) Any willfulness or negligence involved in the violation;

      (3) The environmental impact of the violation; and

      (4) The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the State or local authorities for performing, supervising, or rendering assistance to the restoration and mitigation.

    (ii) In paragraph (1)(iii)14 of this subsection, "property owner" includes two or more persons holding title to the property under any form of joint ownership.

  (3) Regulations adopted under paragraph (1)(iii)15 of this subsection shall provide for the Commission's consideration of enforcement provisions submitted by a local jurisdiction that are at least as effective as enforcement requirements under this subtitle and regulations adopted under the authority of this subtitle.

  (4) A local jurisdiction may not issue a permit, approval, variance, or special exception that is subject to the violation, unless the person seeking the permit, approval, variance, or special exception has:

    (i) Fully paid all penalties imposed as a result of the critical area violation;

    (ii) Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and

    (iii) Performed the abatement measures in the approved plan in accordance with the local critical area program.

(d)

  (1) In this subsection, "unwarranted hardship" means that, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

  (2)

    (i) Notwithstanding any other provision of law, the provisions of this paragraph shall apply to a proceeding that involves a variance for a development activity in the buffer under the requirements of:

      (1) This subtitle;

      (2) A regulation adopted under the authority of this subtitle; or

      (3) An approved program.

    (ii) If a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

    (iii) A person that has standing under subparagraph (ii) of this paragraph may:

      (1) Participate as a party in an administrative proceeding at a board of appeals even if the person was not a party to the original administrative proceeding; and

      (2) Petition for judicial review and participate as a party even if the person was not a party to the action which is the subject of the petition.

  (3)

    (i) A local jurisdiction shall process an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle, a regulation adopted under the authority of this subtitle, or any provision of an order, permit, plan, or local program in accordance with subsection (c)(1)(iii)15 of this section.

    (ii) In considering an application for a variance, a local jurisdiction shall presume that the specific development activity in the critical area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of this subtitle, regulations adopted under this subtitle, and the requirements of the local jurisdiction's program.

    (iii) If the variance request is based on conditions or circumstances that are the result of actions by the applicant, a local jurisdiction shall consider that fact.

    (iv)

      (1) This subparagraph does not apply to a new additional or accessory dwelling unit, as defined under an approved local critical area program.

      (2) When requesting a variance for a new accessory structure or use, a rebuttable presumption exists that an existing accessory structure or use on the parcel or lot demonstrates reasonable and significant use.

    (v) A local jurisdiction may not accept an application for a variance to:

      (1) Authorize a use that is not allowed by the critical area land classification of the lot or parcel;

      (2) Adjust the amount or type of mitigation required by critical area regulations or a local critical area program; or

      (3) Provide relief that could be obtained through an available administrative process that is approved as part of a local jurisdiction's critical area program.

  (4)

    (i) An applicant has the burden of proof and the burden of persuasion to overcome the presumption established under paragraph (3)(ii) of this subsection.

    (ii)

      (1) Based on competent and substantial evidence, a local jurisdiction shall make written findings as to whether the applicant has overcome the presumption established under paragraph (3)(ii) of this subsection.

      (2) With due regard for the person's experience, technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

      (A) The applicant;

      (B) The local jurisdiction or any other government agency; or

      (C) Any other person deemed appropriate by the local jurisdiction.

  (5)

    (i) A variance to a local jurisdiction's critical area program may not be granted unless:

      (1) Due to special features of a site, or special conditions or circumstances peculiar to the applicant's land or structure, a literal enforcement of the critical area program would result in unwarranted hardship to the applicant;

      (2) The local jurisdiction finds that the applicant has satisfied each one of the variance provisions;

      (3) Subject to subparagraph (ii) of this paragraph, without the variance, the applicant would be deprived of a use of land or a structure permitted to others in accordance with the provisions of the critical area program;

      (4) The applicant demonstrates a substantial need for the variance that is not based on convenience, personal preference, or financial advantage; and

      (5) The applicant demonstrates that the development cannot be located outside a habitat protection area.

    (ii)

      (1) Subsubparagraph 2 of this subparagraph does not apply to a new additional or accessory dwelling unit, as defined under an approved local critical area program.

      (2) The applicant may make a comparison under subparagraph (i)3 of this paragraph only to other accessory structures that:

      (A) Are located in the critical area;

      (B) Were developed after the adoption of the local jurisdiction's critical area program;

      (C) Were conforming and legally authorized at the time of development;

      (D) Are similarly situated; and

      (E) If located in a modified buffer area, were developed in accordance with requirements for modified buffer areas under the local jurisdiction's critical area program.

  (6)

    (i) Within 10 working days after a written decision regarding a variance application is issued, the Commission shall receive a copy of the decision from a local jurisdiction.

    (ii) A local jurisdiction may not issue a permit for the activity that was the subject of the variance application until the applicable 30-day appeal period has elapsed.

  (7)

    (i) A development activity commenced without a required permit, approval, variance, or special exception is a violation of this subtitle.

    (ii) A local jurisdiction may not accept an application for a variance to legalize a violation of this subtitle, including an unpermitted structure or development activity, unless the local jurisdiction first issues a notice of violation, including assessment of a penalty, for the violation.

    (iii) If a final adjudication of a notice of violation results in a determination that a violation has occurred, the person shall be liable for a penalty that is twice the amount of the assessment in the notice of violation, in addition to the cost of the hearing and any applicable mitigation costs.

    (iv) Application for a variance under this paragraph constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed.

    (v) If the local jurisdiction finds that the activity or structure for which a variance is requested commenced without permits or approvals and:

      (1) Does not meet each of the variance criteria under this subsection, the local jurisdiction shall deny the requested variance and order removal or relocation of any structure and restoration of the affected resources; or

      (2) Does meet each of the variance criteria under this subsection, the local jurisdiction may grant approval to the requested variance.

  (8) This subsection does not apply to building permits or activities that comply with a buffer exemption plan or buffer management plan of a local jurisdiction which has been approved by the Commission.

  (9) Notwithstanding any provision of a local law or ordinance, or the lack of a provision in a local law or ordinance, all of the provisions of this subsection shall apply to, and shall be applied by, a local jurisdiction in the consideration, processing, and decision on an application for a variance.

  (10) A local Board of Appeals shall:

    (i) Hear on the record an appeal of an administrative officer's decision on a critical area variance application; and

    (ii) Grant deference to the administrative officer's findings of fact.

(e)

  (1) The Commission shall adopt by regulation on or before December 1, 1985 criteria for program development and approval, which are necessary or appropriate to achieve the standards stated in subsection (b) of this section. Prior to developing its criteria and also prior to adopting its criteria, the Commission shall hold at least 6 regional public hearings, 1 in each of the following areas:

    (i) Harford, Cecil, and Kent counties;

    (ii) Queen Anne's, Talbot, and Caroline counties;

    (iii) Dorchester, Somerset, and Wicomico counties;

    (iv) Baltimore City and Baltimore County;

    (v) Charles, Calvert, and St. Mary's counties; and

    (vi) Anne Arundel and Prince George's counties.

  (2) During the hearing process, the Commission shall consult with each affected local jurisdiction.

  (3) In accordance with its powers under Sec. 8-1806(a) of this subtitle, the Commission may amend the criteria for program development and approval adopted under paragraph (1) of this subsection.

(f) Nothing in this section shall impede or prevent the dredging of any waterway in a critical area. However, dredging in a critical area is subject to other applicable federal and State laws and regulations.

(g) In adopting the initial land classification for the Atlantic Coastal Bays Critical Area, the local program:

  (1) Of the Town of Ocean City shall classify as an intensely developed area that area that is within the municipal boundaries of Ocean City as of January 1, 2002; and

  (2) Of Worcester County shall classify as an intensely developed area that area located on the western mainland that is east of Golf Course Road, south of Charles Street, and north of Route 707 (Old Bridge Road).

(h) The provisions of this subtitle and Title 27 of the Code of Maryland Regulations apply to the Atlantic Coastal Bays Critical Area.

#### Section 8-1808.1

(a) This section is intended to establish conditions for development in the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area in addition to those established in criteria of the Commission. However, in the event of any inconsistency between the criteria and the provisions of this section, this section shall control.

(b) The growth allocation for a local jurisdiction shall be calculated based on 5 percent of the total resource conservation area in a local jurisdiction:

  (1) In the Chesapeake Bay Critical Area at the time of the original approval of the local jurisdiction's program by the Commission, not including tidal wetlands or land owned by the federal government; or

  (2) In the Atlantic Coastal Bays Critical Area at the time of the original approval of the local jurisdiction's program by the Commission, not including tidal wetlands or land owned by the federal government.

(c)

  (1) In paragraphs (3)(i) and (4)(i) of this subsection, "consistent with" or "consistency with" a jurisdiction's comprehensive plan means that a standard or factor will further, and not be contrary to, the following items in the plan:

    (i) Policies;

    (ii) Timing of the implementation of the plan;

    (iii) Timing of development;

    (iv) Timing of rezoning;

    (v) Development patterns;

    (vi) Land uses; and

    (vii) Densities or intensities.

  (2) When locating new intensely developed or limited development areas, local jurisdictions shall use the following standards:

    (i) Locate a new intensely developed area in a limited development area or adjacent to an existing intensely developed area;

    (ii) Locate a new limited development area adjacent to an existing limited development area or an intensely developed area;

    (iii) Locate a new limited development area or an intensely developed area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 27.01.09, and in an area and manner that optimizes benefits to water quality;

    (iv) Locate a new intensely developed area or a limited development area in a resource conservation area at least 300 feet beyond the landward edge of tidal wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission approves, alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources;

    (v) Locate new intensely developed areas and limited development areas in a manner that minimizes their impacts to the defined land uses of the resource conservation area;

    (vi) Locate new intensely developed areas and limited development areas outside of areas vulnerable to climate change unless the local jurisdiction proposes and the Commission approves:

      (1) Areas identified by the local jurisdiction as vulnerable to climate change as required under Sec. 8-1808(c)(1)(iii)16 of this subtitle; and

      (2) Measures that:

      (A) Assess climate resiliency and vulnerability; and

      (B) Incorporate siting, design, construction, and other natural features to significantly enhance climate resiliency and reduce vulnerability;

    (vii) Except as provided in item (ix) of this paragraph, no more than one-half of the expansion allocated in the criteria of the Commission may be located in resource conservation areas;

    (viii) New intensely developed or limited development areas involving the use of growth allocation shall conform to all criteria of the Commission and shall be designated on the comprehensive zoning map submitted by the local jurisdiction as part of its application to the Commission for program approval or at a later date in compliance with Sec. 8-1809(g) of this subtitle; and

    (ix) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, if the county is unable to utilize a portion of the growth allocated to the county in items (i) and (ii) of this paragraph within or adjacent to existing intensely developed or limited development areas as demonstrated in the local plan approved by the Commission, then that portion of the allocated expansion which cannot be so located may be located in the resource conservation area in addition to the expansion allocated in item (vii) of this paragraph. A developer shall be required to cluster any development in an area of expansion authorized under this paragraph.

  (3) A local jurisdiction may use a standard that varies from the standards required under paragraph (2)(i) and (ii) of this subsection if:

    (i) The alternative standard is consistent with the jurisdiction's adopted comprehensive plan; and

    (ii) The Commission has approved the alternative standard as part of the local program.

  (4) In reviewing map amendments or refinements involving the use of growth allocation, the Commission shall consider the following factors:

    (i) Consistency with the jurisdiction's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan;

    (ii)

      (1) For a map amendment or refinement involving a new intensely developed area, whether the development is:

      (A) To be served by a public wastewater system;

      (B) To have an allowed average density of at least 3.5 units per acre, as calculated under Sec. 5-7B-03(h) of the State Finance and Procurement Article;

      (C) For a new intensely developed area that is greater than 20 acres, to be located in a priority funding area, as described under Sec.Sec. 5-7B-02(1) and 5-7B-03 of the State Finance and Procurement Article; and

      (D) To have a demonstrable economic benefit to the area; and

      (2) For a map amendment or refinement involving a new limited development area, whether the development is:

      (A) To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;

      (B) A completion of an existing subdivision;

      (C) An expansion of an existing business; or

      (D) To be clustered;

    (iii) The use of existing public infrastructure, where practical;

    (iv) Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;

    (v) Impacts on a priority preservation area, as defined under Sec. 2-518 of the Agriculture Article;

    (vi) Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams;

    (vii) Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development; and

    (viii) Environmental impacts on underserved or overburdened communities.

  (5) The Commission shall ensure that the standards and factors in paragraphs (2), (3), and (4) of this subsection have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.

(d)

  (1) Subject to the conditions under paragraphs (2) and (3) of this subsection, if a jurisdiction has within its territorial limits an area that is subject to the Chesapeake Bay Critical Area program and an area that is subject to the Atlantic Coastal Bays Critical Area program, the growth allocation for that jurisdiction may be utilized within either critical area, as the jurisdiction's local program considers appropriate.

  (2) A local jurisdiction's program may not utilize the growth allocation from another critical area unless the growth allocation remaining in either critical area is insufficient to allow approval of a growth allocation proposal associated with a program amendment for which the local program seeks Commission approval.

  (3) A local jurisdiction's program may not transfer more than 150 acres of growth allocation to another critical area.

(e)

  (1) Except as authorized under paragraph (2) of this subsection, in calculating the 1-in-20 acre density of development that is permitted on a parcel located within the resource conservation area, a local jurisdiction:

    (i) Shall count each dwelling unit; and

    (ii) May permit the area of any private wetlands located on the property to be included, under the following conditions:

      (1) Only when using transfer of development rights; and

      (2) The area of private wetlands shall be field delineated when certifying development rights for transfer.

  (2)

    (i) Within a resource conservation area, a local jurisdiction may consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit for the purpose of the density calculation under this subsection if the additional dwelling unit:

      (1) Does not require a variance to any critical area development standards; and

      (2)

        (A)

          (I) Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit; and

          II.    Does not exceed 900 square feet in total enclosed area; or

      (B)

        (I) Is located within the primary dwelling unit; and

        II.    By its construction, does not increase the amount of lot coverage already attributed to the primary dwelling unit by greater than 900 square feet.

    (ii) The provisions of this paragraph may not be construed to require a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling unit for the purpose of the density calculation under this subsection.

    (iii) An additional dwelling unit meeting all the criteria under subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not be subdivided or conveyed separately from the primary dwelling unit.

  (3) An additional dwelling unit that exceeds 900 square feet shall count towards the density calculation.

#### Section 8-1808.2

(a)

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

  (2) "Bona fide intrafamily transfer" means a transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.

  (3) "Immediate family" means a father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, or sibling.

(b) Notwithstanding density limitations established in criteria of the Commission, as part of its local program, a local jurisdiction may submit provisions by which an owner of a parcel of land in the resource conservation area may be permitted to make bona fide intrafamily transfers.

(c) If a local jurisdiction includes provisions for bona fide intrafamily transfers as part of its local program, the local jurisdiction shall permit a bona fide intrafamily transfer to be made only from parcels of land that:

  (1) Were of record on March 1, 1986, in the Chesapeake Bay Critical Area or on June 1, 2002, in the Atlantic Coastal Bays Critical Area; and

  (2) Are 7 acres or more and less than 60 acres in size.

(d) A bona fide intrafamily transfer from a parcel of land shall be a subdivision of the parcel of land that is subject to local approval under Title 5 or Title 23 of the Land Use Article or under any subdivision control provisions of a charter county.

(e)

  (1) A local jurisdiction:

    (i) May approve the subdivision of a parcel of land into the number of lots indicated in this subsection by means of a bona fide intrafamily transfer; and

    (ii) May not approve any greater subdivision of the parcel of land or any portion of the parcel of land.

  (2) A parcel that is 7 acres or more and less than 12 acres in size may be subdivided into 2 lots.

  (3) A parcel that is 12 acres or more and less than 60 acres in size may be subdivided into 3 lots. The lots may be created at different times.

(f)

  (1) As a condition of approval, a local jurisdiction shall require that:

    (i) Any deed for a lot that is created by a bona fide intrafamily transfer shall contain a covenant stating that the lot is created subject to the provisions of this section; and

    (ii) A lot created by a bona fide intrafamily transfer may not be conveyed subsequently to any person other than a member of the owner's immediate family, except under procedures established pursuant to subsection (g) of this section or through the purchase of a transferable development right.

  (2) This subsection does not prevent the conveyance of the lot to a third party as security for a mortgage or deed of trust.

(g) If a local jurisdiction includes provisions for bona fide intrafamily transfers as part of the local jurisdiction's local program, the local jurisdiction shall establish standards and procedures, subject to the approval of the Commission, by which the local jurisdiction will permit the subsequent conveyance of lots to persons other than immediate family members. The standards and procedures shall assure that:

  (1) The lot was created as part of a bona fide intrafamily transfer and not with the intent of subdividing the original parcel of land for purposes of ultimate commercial sale; and

  (2)

    (i) A change in circumstances has occurred since the original transfer was made that is not inconsistent with this subtitle and that warrants an exception; or

    (ii) Other circumstances that are consistent with this subtitle and with the Commission's criteria to maintain land areas necessary to support the protective uses of agriculture, forestry, open space, and natural habitats in resource conservation areas warrant an exception.

#### Section 8-1808.3

(a)

  (1) This section applies notwithstanding:

    (i) Any other provision of this subtitle; or

    (ii) Any criteria or guideline of the Commission adopted under this subtitle.

  (2) This section may not be construed to affect a credit applicable to a stormwater management practice that is approved by the Department of the Environment.

(b) Lot coverage in the buffer may not exceed the minimum amount necessary for water-dependent uses, regardless of the critical area classification or the size of the parcel or lot, except:

  (1) For a modified buffer area, as mapped or established under an approved local program;

  (2) For a variance granted in accordance with this subtitle; or

  (3) As provided in a waterfront revitalization area or a waterfront industrial area under a local program.

(c) This section controls over any other requirement concerning lot coverage limitations in limited development areas and resource conservation areas in the critical area.

(d)

  (1) Except as otherwise provided in this subsection for stormwater runoff, lot coverage is limited to 15% of a parcel or lot.

  (2) If a parcel or lot one-half acre or less in size existed on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area, then lot coverage is limited to 25% of the parcel or lot.

  (3) If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area, then lot coverage is limited to 15% of the parcel or lot.

  (4) Unless otherwise restricted by a local jurisdiction, lot coverage in a subdivision approved after December 1, 1985, in the Chesapeake Bay Critical Area or after June 1, 2002, in the Atlantic Coastal Bays Critical Area may not exceed 15%. However, the total lot coverage on an individual lot one acre or less in size may exceed 15%.

(e) This section does not apply to a trailer park that was in residential use on or before December 1, 1985, in the Chesapeake Bay Critical Area or on or before June 1, 2002, in the Atlantic Coastal Bays Critical Area.

(f) A local jurisdiction may allow a property owner to exceed the lot coverage limits provided in subsection (d)(2) and (3) of this section if the following conditions exist:

  (1) Lot coverage associated with new development activities on the property has been minimized;

  (2) For a lot or parcel one-half acre or less in size, total lot coverage does not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 square feet, whichever is greater;

  (3) For a lot or parcel greater than one-half acre and less than one acre in size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section or 5,445 square feet, whichever is greater;

  (4) Water quality impacts associated with runoff from new development activities that contribute to lot coverage can be and have been minimized through site design considerations or use of best management practices approved by the local jurisdiction to improve water quality;

  (5) The property owner performs on-site mitigation as required by the local jurisdiction to offset potential adverse water quality impacts from the new development activities that contribute to lot coverage, or the property owner pays a fee to the local jurisdiction in lieu of performing the on-site mitigation; and

  (6) For development that uses pervious materials that have been approved by the Commission as part of a local program, the limits established in items (2) and (3) of this subsection may be exceeded by up to 500 square feet.

(g) All fees collected by a local jurisdiction under subsection (f)(5) of this section must be used to fund projects that improve water quality within the critical area consistent with the jurisdiction's local critical area protection program.

(h)

  (1) In this subsection, "legally developed" means that all physical improvements to a property:

    (i) Existed before Commission approval of a local program; or

    (ii) Were properly permitted in accordance with the local program and impervious surface policies in effect at the time of construction.

  (2)

    (i) A lot or parcel legally developed as of July 1, 2008, may be considered legally nonconforming for purposes of lot coverage requirements.

    (ii) For the purpose of increasing lot coverage on a lot or parcel under subparagraph (i) of this paragraph, the lot coverage limitations under this section may not be construed to apply to a development activity for which:

      (1) A building permit was issued before July 1, 2008; and

      (2) Construction was initiated and an inspection was performed before July 1, 2009.

(i) A local jurisdiction may grant a variance from the provisions of this section in accordance with the provisions of this subtitle, regulations adopted by the Commission concerning variances as part of local program development set forth in COMAR 27.01.11, and notification of project applications set forth in COMAR 27.03.01.

#### Section 8-1808.4

(a)

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

  (2)

    (i) "Nonwater-dependent project" means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

    (ii) "Nonwater-dependent project" includes:

      (1) A dwelling unit on a pier;

      (2) A restaurant, a shop, an office, or any other commercial building or use on a pier;

      (3) A temporary or permanent roof or covering on a pier;

      (4) A pier used to support a nonwater-dependent use; and

      (5) A small-scale renewable energy system on a pier, including:

      (A) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

      (B) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

      (C) A wind energy system and its wind turbine, tower, base, or other necessary equipment.

    (iii) "Nonwater-dependent project" does not include:

      (1) A fuel pump or other fuel-dispensing equipment on a pier;

      (2) A sanitary sewage pump or other wastewater removal equipment on a pier; or

      (3) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

  (3)

    (i) "Pier" means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure.

    (ii) "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands.

(b) This section does not apply to a nonwater-dependent project located on State or private wetlands within the Critical Area in Prince George's County.

(c)

  (1) Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, a local jurisdiction may not issue a building permit or any other approval under this subtitle to authorize a nonwater-dependent project located on State or private wetlands within the Critical Area.

  (2) A local jurisdiction may issue a building permit or any other approval under this subtitle to authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:

    (i)

      (1) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

      (2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

      (3) Is located in:

      (A) An intensely developed area and the project is authorized under a program amendment to a local jurisdiction's critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or

      (B) An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission;

      (4) Is approved by the local planning and zoning authorities after the local jurisdiction's program amendment under item 3A of this item, if applicable, has been approved;

      (5) Allows or enhances public access to State wetlands, if applicable;

      (6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

      (7) Has a height of up to 18 feet unless the project is located at a marina; and

      (8) Is up to 1,000 square feet in total area; or

    (ii)

      (1) Is located on a pier that was in existence on or before December 31, 2012;

      (2) Satisfies all of the requirements under item (i)1 through 7 of this paragraph; and

      (3) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

  (3)

    (i) A local jurisdiction may issue a building permit or other approval under this subtitle to authorize a nonwater-dependent project for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:

      (1) Involves the installation or placement of a small-scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under Title 16 of the Environment Article;

      (2) Is located in:

      (A) The Critical Area and the project is authorized under a program amendment to a local jurisdiction's critical area program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the local jurisdiction's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or

      (B) An area that has been excluded from a local critical area program if the exclusion has been adopted or approved by the Critical Area Commission; and

      (3) Is approved by the local planning and zoning authorities after the local jurisdiction's program amendment under item 2A of this subparagraph, if applicable, has been approved.

    (ii) A building permit or other approval issued under subparagraph (i) of this paragraph may include the installation or placement of:

      (1) A solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:

      (A) 4 feet above or 18 inches below the deck of the pier; or

      (B) 1 foot beyond the length or width of the pier;

      (2) A solar energy system attached to a piling if there is only one solar panel per boat slip;

      (3) A solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

      (4) A closed-loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:

      (A) Extend beyond the length, width, or channelward encroachment of the pier;

      (B) Deleteriously alter long shore drift; or

      (C) Cause significant individual or cumulative thermal impacts to aquatic resources; or

      (5) A wind energy system attached to a pier if there is only one wind energy system per pier for which:

      (A) The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;

      (B) The rotor diameter of the wind turbine is up to 4 feet; and

      (C) The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

#### Section 8-1808.5

(a)

  (1) In this section, "community pier" means a boat docking facility associated with a subdivision or similar residential area, or with condominiums, apartments, or other multiple-family dwelling units.

  (2) "Community pier" does not include a private pier or a mooring.

(b) This section applies notwithstanding:

  (1) Any other provision of this subtitle; and

  (2) Any criteria or regulation adopted by the Commission under this subtitle.

(c) Subject to the requirements under subsection (d) of this section, a new or expanded community pier or other noncommercial boat docking or storage facility may be permitted in the buffer if:

  (1) The facility:

    (i) Is water dependent;

    (ii) Meets a recognized private right or public need;

    (iii) Is community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision; and

    (iv) Is associated with a residential development approved by the local jurisdiction for the Critical Area and is consistent with all criteria and local regulations for the Critical Area;

  (2) Adverse effects on water quality and fish, plant, and wildlife habitat are minimized;

  (3) Insofar as possible, nonwater dependent structures or operations associated with water dependent projects or activities are located outside the buffer;

  (4) Disturbance to the buffer is the minimum necessary to provide a single point of access to the facility;

  (5) Food, fuel, or other goods and services are not offered for sale, and adequate and clean sanitary facilities are provided; and

  (6) When a community pier with slips is provided as part of a new development project, private piers are not permitted in the development area.

(d) The number of slips permitted at a facility shall be the lesser of the following:

  (1) One slip for each 50 feet of shoreline in a subdivision located in an intense or limited development area, and one slip for each 300 feet of shoreline in a subdivision located in a resource conservation area; or

  (2) A density of slips to platted lots or dwellings within a subdivision in the critical area in accordance with the following schedule:

  Platted Lots or Dwellings in the Critical    Slips

  Area

  Up to 15                                  1 for each lot

  16 - 40                                  15 or 75%, whichever is greater

  41 - 100                                  30 or 50%, whichever is greater

  101 - 300                                  50 or 25%, whichever is greater

  More than 300                              75 or 15%, whichever is greater

(e) A local jurisdiction may grant a variance from the provisions of this section in accordance with regulations adopted by the Commission concerning variances as part of local program development set forth in COMAR 27.01.11 and notification of project applications set forth in COMAR 27.03.01.

(f) On or before December 31, 1994, a local jurisdiction shall amend its local critical area protection program to meet the provisions of this section.

#### Section 8-1808.6

(a)

  (1) This section applies notwithstanding:

    (i) Any other provisions of this subtitle;

    (ii) Any criteria or guidelines adopted by the Commission under this subtitle; or

    (iii) Any provision of a local program or program amendments as approved before October 1, 1995.

  (2) This section applies to applicants seeking project approval of a new or expanded marina.

(b)

  (1) A local jurisdiction shall provide credit to an applicant if an applicant takes quantifiable actions, before the initiation of the development of a new or expanded marina, to minimize adverse impacts on water quality that may result from the completion of the development of the marina.

  (2) Any credits provided to an applicant under paragraph (1) of this subsection shall be applied during the project approval process in assessing the degree to which:

    (i) Adverse impacts to water quality of a new or expanded marina project will be minimized or avoided; and

    (ii) Water quality will be improved as a result of the development of the marina project.

#### Section 8-1808.7

(a) Commercial harvesting of trees by selection, or by the clear-cutting of loblolly pine and tulip poplar, may be allowed to within 50 feet of the landward edge of the mean high water line of tidal waters and perennial tributary streams, or the edge of tidal wetlands, provided that the cutting is conducted in conformity with COMAR 27.01.05 and with a buffer management plan that is prepared by a registered professional forester and is approved by the Department.

(b) The plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain at a minimum the following requirements:

  (1) Disturbance of stream banks and shorelines shall be avoided;

  (2) The area disturbed or cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and reestablishes the wildlife corridor function of the buffer;

  (3) The cutting may not involve the creation of logging roads and skid trails within the buffer; and

  (4) Commercial harvesting practices shall be conducted to protect and conserve the habitat protection areas in accordance with COMAR 27.01.09.02, .03, .04, and .05.

#### Section 8-1808.8

(a) Except as provided in subsection (b)(2) of this section, each local jurisdiction in the Atlantic Coastal Bays Critical Area shall include in its local critical area protection program provisions requiring proposed development sites in intensely developed areas to provide a forest or developed woodland cover of at least 15% after development or a fee-in-lieu payment if the fee is adequate to ensure the restoration or establishment of an equivalent forest area.

(b)

  (1) Except as provided in paragraph (2) of this subsection, the provisions of this subtitle replace the requirements of the Forest Conservation Act provided under Title 5, Subtitle 16 of this article within the Atlantic Coastal Bays Critical Area.

  (2) Subsection (a) of this section and paragraph (1) of this subsection do not apply to:

    (i) Development of a single lot for the purpose of constructing a dwelling intended for the use of the owner, or a child or grandchild of the owner, if the development does not result in the cutting, clearing, or grading of more than 40,000 square feet of forest, and the lot was legally recorded prior to July 31, 1994; or

    (ii) A single lot that is part of a project that has otherwise complied with the Forest Conservation Act.

  (3) For purposes of subsection (a) of this section, forest or developed woodland cover may include trees, woody plants, and shrubs, and any landscaping under an approved landscaping plan.

(c) Each local jurisdiction in the Atlantic Coastal Bays Critical Area may include in its local critical area protection program:

  (1) As part of compliance with the stormwater management requirements of Title 27 of the Code of Maryland Regulations and Title 4, Subtitle 2 of the Environment Article, a provision encouraging the use of bioretention for redevelopment in intensely developed areas;

  (2) A provision applying buffer requirements to tributary streams located outside the critical area and within the Atlantic Coastal Bays Watershed that are noted as perennial and intermittent streams in the Atlantic Coastal Bays Watershed and that are so noted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the local jurisdiction; and

  (3) To the extent otherwise permitted by law, a provision regarding improvements over State or private wetlands, including criteria for the protection of water quality and fish, wildlife, and plant habitats, and the use and construction of private and community piers in the local jurisdiction.

(d) On request, the Department shall assist a local jurisdiction in the preparation of:

  (1) Any more detailed maps or studies necessary to implement the buffer provisions under subsection (c)(2) of this section; and

  (2) The wetland protection provisions under subsection (c)(3) of this section.

(e) If a local jurisdiction adopts provisions consistent with subsection (c)(2) of this section, agricultural activities are permitted in the buffer outside the critical area and in the Atlantic Coastal Bays Watershed that are in accordance with Title 27 of the Code of Maryland Regulations under an approved soil conservation and water quality plan.

#### Section 8-1808.9

(a) The provisions of this section apply to a local jurisdiction that is located in the Atlantic Coastal Bays Watershed and not in the Atlantic Coastal Bays Critical Area.

(b) On or before July 15, 2002, a local jurisdiction subject to the provisions of this section shall submit to the Commission a written statement of its intent either:

  (1) To adopt provisions applying a buffer to perennial and intermittent streams that are within the boundaries of the local jurisdiction and are noted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the local jurisdiction; or

  (2) Not to adopt the provisions.

(c) If a local jurisdiction states the local jurisdiction's intent to adopt provisions meeting the requirements of this section, the local jurisdiction shall submit the provisions to the Commission and adopt the provisions in accordance with the schedule of submissions for the Atlantic Coastal Bays Critical Area program set forth under Sec. 8-1809 of this subtitle.

#### Section 8-1808.10

(a) This section applies to an application for subdivision or site plan approval within the resource conservation area that:

  (1) Receives final local approval on or after July 1, 2008, unless an application for subdivision or site plan approval is submitted before July 1, 2008, and legally recorded by July 1, 2010; and

  (2) Does not involve the use of growth allocation.

(b)

  (1) Except as provided under subsection (c) of this section, the minimum buffer shall be:

    (i) 200 feet landward from tidal waters or a tidal wetland; and

    (ii) 100 feet landward from a tributary stream.

  (2) All provisions under COMAR 27.01.09.01 that are applicable to development activities within the 100-foot buffer, including the establishment of vegetation and expansion requirements, shall apply to the 200-foot buffer.

(c) The 200-foot buffer may be reduced if:

  (1) The strict application of the minimum 200-foot buffer would preclude:

    (i) Subdivision of the property at a density of one dwelling unit per 20 acres, and all other State and local requirements will be satisfied; or

    (ii) An intra-family transfer authorized under Sec. 8-1808.2 of this subtitle; and

  (2) The reduction will occur in accordance with local program procedures approved by the Commission.

#### Section 8-1808.11

Improvements to protect a person's property against erosion shall be in accordance with the provisions of Sec. 16-201 of the Environment Article.

#### Section 8-1809

(a)

  (1) Within 45 days after the criteria adopted by the Commission under Sec. 8-1808 of this subtitle become effective, each local jurisdiction shall submit to the Commission a written statement of its intent either:

    (i) To develop a critical area protection program to control the use and development of that part of the Chesapeake Bay Critical Area located within its territorial limits; or

    (ii) Not to develop such a program.

  (2) On or before July 15, 2002, each local jurisdiction in the Atlantic Coastal Bays Critical Area shall submit to the Commission a written statement of its intent either:

    (i) To develop a critical area protection program to control the use and development of that part of the Atlantic Coastal Bays Critical Area located within its territorial limits; or

    (ii) Not to develop such a program.

(b) If a local jurisdiction states the local jurisdiction's intent not to develop a program or fails to submit a timely statement of intent, the Commission shall prepare and adopt a program for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.

(c)

  (1) If a local jurisdiction states the local jurisdiction's intent to develop a Chesapeake Bay Critical Area program, the local jurisdiction shall prepare a proposed program and submit the program to the Commission within 270 days after the effective date of the criteria adopted under Sec. 8-1808 of this subtitle. However, if the local jurisdiction submits evidence satisfactory to the Commission that the local jurisdiction is making reasonable progress in the development of a program, the Commission may extend this period for up to an additional 180 days. Before submission of a program to the Commission within the time allowed by this subsection, a local jurisdiction shall hold at least 1 public hearing on the proposed program, for which 2 weeks' notice shall be published in a newspaper of general circulation in the local jurisdiction.

  (2) If a local jurisdiction states the local jurisdiction's intent to develop an Atlantic Coastal Bays Critical Area program, the local jurisdiction shall prepare a proposed program meeting the requirements of the criteria adopted under Sec. 8-1808 of this subtitle and submit the program to the Commission on or before January 1, 2003. However, if the local jurisdiction submits evidence satisfactory to the Commission that the local jurisdiction is making reasonable progress in the development of a program, the Commission may extend this period for up to an additional 30 days. Before submission of a program to the Commission within the time allowed by this subsection, a local jurisdiction shall hold at least 1 public hearing on the proposed program, for which 2 weeks' notice shall be published in a newspaper of general circulation in the local jurisdiction.

(d)

  (1) Within 30 days after a program is submitted, the Commission shall appoint a panel of 5 of its members to conduct, in the affected jurisdiction, a public hearing on the proposed program.

  (2)

    (i) Within 90 days after the Commission receives a proposed Chesapeake Bay Critical Area program from a local jurisdiction, the Commission shall approve the proposal or notify the local jurisdiction of specific changes that must be made in order for the proposal to be approved. If the Commission does neither, the proposal shall be deemed approved.

    (ii) Within 60 days after the Commission receives a proposed Atlantic Coastal Bays Critical Area program from a local jurisdiction, the Commission shall approve the proposal or notify the local jurisdiction of specific changes that must be made in order for the proposal to be approved. If the Commission does neither, the proposal shall be deemed approved.

  (3) A changed proposal shall be submitted to the Commission in the same manner as the original proposal, within 40 days after the Commission's notice. Unless the Commission approves a changed proposal or disapproves a changed proposal and states in writing the reasons for the Commission's disapproval within 40 days, the changed proposal shall be deemed approved.

(e) Within 90 days after the Commission approves a proposed Chesapeake Bay Critical Area program or a proposed Atlantic Coastal Bays Critical Area program, the local jurisdiction shall hold hearings and adopt the program in accordance with legislative procedures for enacting ordinances. If the governing body of the local jurisdiction wishes to change any part of the approved proposal before adoption, the governing body shall submit the proposed change to the Commission for approval. Unless the Commission approves the change or disapproves the change and states in writing the reasons for the Commission's disapproval within 30 days after the Commission receives the change, the change shall be deemed approved. A changed part may not be adopted until the changed part is approved by the Commission.

(f)

  (1) Within 760 days after criteria adopted by the Commission become effective, there shall be in effect throughout the Chesapeake Bay Critical Area programs approved or adopted by the Commission.

  (2) On or before September 29, 2003, there shall be in effect throughout the Atlantic Coastal Bays Critical Area programs approved or adopted by the Commission.

(g) Each local jurisdiction shall:

  (1) Review its entire program and propose any necessary amendments to its entire program, including local zoning maps, at least every 10 years; and

  (2) Send in writing to the Commission, within 60 days after the completion of its review, the following information:

    (i) A statement certifying that the required review has been accomplished;

    (ii) Any necessary requests for program amendments, program refinements, or other matters that the local jurisdiction wishes the Commission to consider;

    (iii) An updated resource inventory; and

    (iv) A statement quantifying acreages within each land classification, the growth allocation used, and the growth allocation remaining.

(h) On request of a local jurisdiction, the Commission shall extend the deadline under subsection (g) of this section for that local jurisdiction by 1 year.

(i) On or after January 1, 2028, a local jurisdiction that does not meet the deadline under subsection (g)(1) of this section or after the expiration of any extension granted under subsection (h) of this section may not propose an amendment or refinement under subsection (j) of this section.

(j)

  (1) As often as necessary but not more than 4 times per calendar year, each local jurisdiction may propose program amendments and program refinements to its adopted program.

  (2) A change to a critical area designation may be granted by a local approving authority on proof of mistake if the proposed critical area classification:

    (i) Conforms to the State critical area mapping criteria;

    (ii)

      (1) Is based on land uses or natural features in existence:

      (A) As of December 1, 1985, for the Chesapeake Bay Critical Area; or

      (B) As of June 1, 2002, for the Atlantic Coastal Bays Critical Area; or

      (2) For areas included in the critical area due to remapping, is based on land uses or natural features in existence at the time of the remapping;

    (iii) Follows the local jurisdiction's documented mapping methodology for critical area classifications at the time of original program adoption; and

    (iv) Is consistent with the purposes, policies, and goals of this subtitle and all criteria of the Commission.

(k) A zoning map amendment may be granted if the zoning map amendment:

  (1) Is wholly consistent with the land classifications in the adopted program;

  (2) Proposes the use of a part of the remaining growth allocation in accordance with the adopted program; or

  (3) Proposes to change the land classification from either an intensely developed area to a limited development area or a resource conservation area, or a limited development area to a resource conservation area.

(l) A program may not be amended except with the approval of the Commission.

(m) The Commission shall approve programs and program amendments that meet:

  (1) The standards set forth in Sec. 8-1808(b)(1) through (4) of this subtitle; and

  (2) The criteria adopted by the Commission under Sec. 8-1808 of this subtitle.

(n)

  (1) If the Commission determines that an adopted program contains a clear mistake, omission, or conflict with the criteria or law, the Commission may:

    (i) Notify the local jurisdiction of the specific deficiency; and

    (ii) Direct that the jurisdiction submit a proposed program amendment or program refinement to correct the deficiency.

  (2) Within 90 days after being notified of any deficiency under paragraph (1) of this subsection, the local jurisdiction shall submit to the Commission, as program amendments or program refinements, any proposed changes that are necessary to correct those deficiencies.

  (3) Local project approvals granted under a part of a program that the Commission has determined to be deficient shall be null and void after notice of the deficiency.

(o)

  (1) The Commission may adopt regulations that prescribe the procedures and information requirements for program amendments and program refinements.

  (2) In the absence of regulations under paragraph (1) of this subsection, a local jurisdiction may propose changes to adopted programs. Within 10 working days of receiving a proposal under this paragraph, the Commission shall:

    (i) Notify in writing the local jurisdiction that the proposal has been accepted for processing; or

    (ii) Return the proposal as incomplete.

(p) A local jurisdiction may specify whether it intends a proposed change to be a program amendment or program refinement. However, the Commission shall treat a proposed change as a program amendment unless the chair determines that the proposed change is a program refinement.

(q)

  (1)

    (i) For proposed program amendments, a Commission panel shall hold a public hearing in the local jurisdiction, and the Commission shall act on the proposed program amendment within 130 days of the Commission's acceptance of the proposal unless the local jurisdiction requests, and the chair approves, an extension.

    (ii) Unless the local jurisdiction requests, and the chair approves, an extension, if action by the Commission is not taken within 130 days, the proposed program amendment is deemed approved.

  (2) The Commission shall determine if the proposed amendment is consistent with the purposes, policies, goals, and the provisions of this subtitle, and all criteria of the Commission.

  (3) In accordance with the Commission's determination in paragraph (2) of this subsection, the Commission shall:

    (i) Approve the proposed program amendment and notify the local jurisdiction;

    (ii) Deny the proposed program amendment;

    (iii) Approve the proposed program amendment subject to one or more conditions; or

    (iv) Return the proposed program amendment to the local jurisdiction with a list of the changes to be made.

  (4) If the Commission approves a proposed program amendment subject to one or more conditions under paragraph (3)(iii) of this subsection, the local jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions.

  (5) The local jurisdiction shall incorporate the approved program amendment and any required conditions into the adopted program within 120 days of receiving notice from the Commission that the program amendment has been approved.

(r)

  (1) Proposed program refinements shall be determined as provided in this subsection.

  (2)

    (i) Within 30 days of the Commission's acceptance of a proposal to change an adopted program, the chair, on behalf of the Commission, may determine that the proposed change is a program refinement.

    (ii) The chair shall notify the Commission of that determination at the next meeting or a subsequent meeting if the local jurisdiction requests, and the chair approves, an extension.

    (iii) If a proposed change that was specifically submitted as a program refinement is not acted on by the chair within the 30-day period under subparagraph (i) of this paragraph or approved for an extension under subparagraph (ii) of this paragraph, the Commission shall notify the appropriate local jurisdiction that the proposed change has been deemed to be a program amendment.

  (3)

    (i) The Commission may vote to override the chair's determination only at the first Commission meeting where a quorum is present following the chair's notification to the Commission.

    (ii) If the chair's determination is overridden, the proposed change is deemed a program amendment, which shall be decided by the Commission in accordance with the procedures for program amendments provided in this section, except that the Commission shall act on the program amendment within 130 days after a vote to override the chair.

    (iii) If the chair's determination is not overridden, within 10 working days after the opportunity to override the chair's decision under subparagraph (i) of this paragraph, the chair shall:

      (1) Determine if the program refinement is consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission; and

      (2)

        (A) Approve the proposed program refinement and notify the local jurisdiction;

      (B) Deny the program refinement;

      (C) Approve the proposed program refinement subject to one or more conditions; or

      (D) Return the proposed program refinement back to the local jurisdiction with a list of the changes to be made.

    (iv) If the chair approves a proposed program refinement subject to one or more conditions under subparagraph (iii)2C of this paragraph, the local jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions.

  (4) A local jurisdiction shall incorporate an approved program refinement and any required conditions into its adopted program within 120 days of receiving notice from the chair that the program refinement has been approved.

(s)

  (1)

    (i) As necessary, a local jurisdiction may combine any or all proposed program amendments or program refinements required for a specific project approval into a single request to the Commission for program amendment, program refinement, or both.

    (ii) The Commission shall ensure that any requests received in accordance with this paragraph are consistent with the purposes, policies, goals, and provisions of this subtitle, and all criteria of the Commission.

  (2) A project for which a local jurisdiction requests growth allocation may be submitted as a proposed program amendment, program refinement, or both.

  (3) Approval by the Commission of a program amendment, program refinement, or both does not affect the Commission's authority to receive notice of or intervene in a project approval that was not specifically approved by the Commission as part of its approval of a program amendment or program refinement.

(t) Within 6 months after the adoption of amended criteria, a local jurisdiction shall send to the Commission:

  (1) Proposed program amendments or program refinements that address the amended criteria; or

  (2) A statement describing how the adopted program conforms to the amended criteria and certifying that the adopted program is consistent with the amended criteria.

(u) If the Commission adopts a regulation concerning the use of the growth allocation, any use of the growth allocation must be in accordance with that regulation for the change to be considered a program refinement.

#### Section 8-1810

(a) If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under Sec. 8-1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.

(b) Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission's members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks' notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.

(c) If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.

(d) If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under Sec. 8-1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.

(e)

  (1) If a local jurisdiction fails to update an adopted program after the deadline under Sec. 8-1809(g)(1) of this subtitle or after the expiration of an extension granted under Sec. 8-1809(h) of this subtitle, the Commission shall make a good faith effort to notify the local jurisdiction that its program needs to be updated by at least 4 documented notification attempts over a 3-year period.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, the local jurisdiction shall adopt an update to the program within 2 years of the last notice from the Commission.

    (ii) The Commission may update the program if the local jurisdiction fails to update its program within the 2-year period.

#### Section 8-1811

(a) From the effective date of a program approved or adopted by the Commission, a project approval that involves land located in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area may not be granted unless the project approval is consistent and complies with the program.

(b)

  (1) The Commission shall adopt regulations identifying those classes of applications for project approval of which the Commission wishes to receive notice.

  (2) From the date designated by the Commission in approving or adopting a program, an applicant for project approval or the local agency authorized to grant project approval on an application in any of the identified classes shall send to the Commission in accordance with the regulations and any other instructions of the Commission, a copy of every pending or new application for approval that is in any of the identified classes. Before the close of the fifth business day after receipt of a copy of an application from the local approving authority, the Commission shall send written notice of receipt to the applicant and to the local approving authority. A failure of the Commission to send a timely notice shall render paragraph (3) of this subsection inapplicable as to that application.

  (3) The local approving authority may not process an application of which a copy must be sent to the Commission until the local approving authority has received notice of receipt from the Commission, and any action of the local approving authority in violation of this paragraph shall be void.

#### Section 8-1812

(a) After the Commission has approved or adopted a program, the chair of the Commission has standing and the right and authority to initiate or intervene in any administrative, judicial, or other original proceeding or appeal in this State concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area. The chair may exercise this intervention authority without first obtaining approval from the Commission, but the chair shall send prompt written notice of any intervention or initiation of action under this section to each member of the Commission. The chair shall withdraw the intervention or action initiated if, within 35 days after the date of the chair's notice, at least 13 members indicate disapproval of the action, either in writing addressed to the chair or by vote at a meeting of the Commission. A member representing the local jurisdiction affected by the chair's intervention or action may request a meeting of the Commission to vote on the chair's intervention or action.

(b) Except as stated in this subtitle, the chair is subject to general laws and rules of procedure that govern the time within and manner in which the authority granted in subsection (a) of this section may be exercised.

(c) The chair may appeal an action or decision even if the chair was not a party to or is not specifically aggrieved by the action or decision.

#### Section 8-1813

(a) From June 1, 1984, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in Sec. 8-1807(a) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:

  (1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and

  (2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.

(b) On or after June 1, 2002, with regard to any subdivision plat approval or approval of a zoning amendment, variance, special exception, conditional use permit, or use of a floating zone, affecting any land or water area located within the initial planning area identified in Sec. 8-1807(b) of this subtitle, for which application is completed after that date, the approving authority of the local jurisdiction in rendering its decision to approve an application shall make specific findings that:

  (1) The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands; and

  (2) The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.

(c) With regard to any application for project approval described in subsection (a) or (b) of this section, a local approving authority shall require any additional information from an applicant as is necessary in order to make the findings required by subsection (a) or (b) of this section.

(d) This section shall remain in effect in a local jurisdiction until such time as an approved program becomes effective.

(e) This section does not apply to any application in the Chesapeake Bay Critical Area initially filed prior to March 1, 1984, or any application in the Atlantic Coastal Bays Critical Area filed prior to June 1, 2002.

#### Section 8-1813.1

(a) Except as provided in subsections (b), (c), and (d) of this section, a local jurisdiction in the Atlantic Coastal Bays Critical Area shall permit a single lot or parcel of land that was legally of record on the date of program approval to be developed with a single family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the approved density provisions of the approved local program, provided that:

  (1) The local jurisdiction develops, as part of its program, procedures to bring the lots or lands into conformance with the local critical area program to the extent possible, including the consolidation or reconfiguration of lots not individually owned; and

  (2) The procedures developed in accordance with item (1) of this subsection are approved by the Commission.

(b) Land that was subdivided into recorded and legally buildable lots for which the subdivision received the local jurisdiction's final approval after June 1, 2002, but prior to program approval may be developed with a single family dwelling, if a single family dwelling is not already placed there, provided that:

  (1) Development of the land conforms to the requirements of this title and Title 27 of the Code of Maryland Regulations; or

  (2) The area of land is deducted from the local jurisdiction's growth allocation in accordance with Sec. 8-1808.1(b) of this subtitle and COMAR 27.01.02.06.

(c)

  (1)

    (i) In this subsection and subsection (d) of this section the following words have the meanings indicated.

    (ii) "Bayside mixed use district" means a district of existing large bayside parcels that:

      (1) Are essentially undeveloped with permanent structures;

      (2) Are suitable for large-scale commercial or mixed use development; and

      (3) Offer the opportunity for well-planned, efficient, and diversified comprehensive development.

    (iii)

      (1) "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.

      (2) "Planned unit development" includes a residential planned community.

  (2) A planned unit development in a bayside mixed use district that has received the local jurisdiction's final site approval and is legally buildable after June 1, 2002, but prior to program approval may be developed if:

    (i) Development of the land conforms to the requirements of this title and Title 27 of the Code of Maryland Regulations;

    (ii) The area is deducted from the local jurisdiction's growth allocation in accordance with Sec. 8-1808.1(b) of this subtitle and COMAR 27.01.02.06; or

    (iii) The land:

      (1) Is designated as an intensely developed area;

      (2) Is exempted from the buffer designation in COMAR 27.01.09; and

      (3) Is part of a project that complies with Title 4, Subtitle 2 of the Environment Article.

(d) A local jurisdiction may include in the jurisdiction's local critical area protection program, to be approved by the Commission, an alternative buffer provision for the development of a planned unit development in accordance with the planned unit development's Step III approval, provided that:

  (1) The planned unit development received Step III approval from the local jurisdiction prior to June 1, 2002;

  (2) The planned unit development has received the local jurisdiction's final subdivision approval and is legally buildable after June 1, 2002, but prior to program approval;

  (3) The area is deducted from the local jurisdiction's growth allocation in accordance with Sec. 8-1808.1(b) of this subtitle and COMAR 27.01.02.06, if applicable;

  (4) The provision includes measures that protect water quality and fish, wildlife, and plant habitats in accordance with the intent of this subtitle and Title 27 of the Code of Maryland Regulations; and

  (5) At least 75% of the dwelling units in the planned unit development comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a buffer of less than 50 feet landward from existing or proposed tidal waters, tidal wetlands, or tributary streams.

(e) For purposes of implementing this subtitle, a local jurisdiction in the Atlantic Coastal Bays Critical Area shall have determined, based on land uses and development in existence on June 1, 2002, which land areas fall into the three types of development areas in accordance with Title 27 of the Code of Maryland Regulations.

#### Section 8-1814

(a) After 760 days have elapsed from the date upon which criteria adopted by the Commission become effective, any State or local agency that proposes development which has not been subject to project approval by the local jurisdiction under an approved program, including buildings, treatment plants, roads, railroads, and airports, in the Chesapeake Bay Critical Area and Atlantic Coastal Bays Critical Area shall, before the State or local agency begins the development, receive the approval of the Commission in accordance with procedures or exceptions set forth in regulations adopted by the Commission using the standards set forth in Sec. 8-1808(b)(1) through (3) of this subtitle. These regulations shall be adopted on or before September 1, 1987, and only after consultation with affected State and local agencies.

(b) The Secretary shall consult with the Commission in making consistency determinations under the Federal Coastal Zone Management Program.

(c) This subtitle is not intended to relieve any obligation otherwise imposed by law or regulation to obtain licenses, permits, or approvals from State and local regulatory agencies or to comply with applicable State and local regulatory prohibitions or restrictions.

#### Section 8-1815

(a)

  (1)

    (i) Except as otherwise authorized in a local jurisdiction, in accordance with the procedures set forth in subparagraph (ii) of this paragraph, a local authority may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the local authority has probable cause to believe that a violation of this subtitle or the local program has occurred, is occurring, or will occur.

    (ii)

      (1) A local authority shall make a reasonable effort to contact a property owner before obtaining access to or entering the property.

      (2) If entry is denied, the local authority may seek an injunction to enter the property to pursue an enforcement action.

    (iii)

      (1) A local authority that identifies a violation of this subtitle or of the local program shall take enforcement action.

      (2) The local authority shall require appropriate restoration and mitigation as necessary to offset adverse impacts to the critical area resulting from the violation.

      (3)

        (A) For restoration or mitigation that exceeds 1,000 square feet or involves expenses exceeding $1,000, the local authority shall collect a bond or other financial security or adopt appropriate procedures to ensure that the restoration or mitigation is properly completed.

      (B) If the restoration or mitigation involves planting, the bond shall be held for at least 2 years after the date the plantings were installed to ensure plant survival.

      (C) On request of the property owner, the local authority shall schedule inspections as necessary to ensure compliance and the return of the bond or other financial security.

  (2)

    (i) A person who violates an order, permit, plan, local program, this subtitle, or regulations adopted, approved, or issued under this subtitle shall be:

      (1) Subject to prosecution or suit in circuit court or District Court by the chair or local authorities, who may invoke the sanctions and remedies afforded by State or local law;

      (2) Guilty of a misdemeanor; and

      (3) On conviction in a court of competent jurisdiction, subject to a fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs imposed in the discretion of the court.

    (ii) A criminal prosecution or a suit for a civil penalty for violation of a provision of an order, permit, plan, local program, this subtitle, or regulations adopted, approved, or issued under the authority of this subtitle shall be instituted within 3 years after the Commission or the local authorities in fact knew or reasonably should have known of the violation.

  (3) A local authority may request:

    (i) Assistance from the Commission in an enforcement action; or

    (ii) That the chair refer an enforcement action to the Attorney General.

(b) Whenever the chair has reason to believe that a local jurisdiction is failing to enforce the requirements of a program applicable to a particular development, the chair shall serve notice upon the local enforcement authorities and may refer the matter to the Attorney General.

(c) Upon referral of an alleged violation under subsection (a) or (b) of this section, the Attorney General may invoke any sanction or remedy available to local authorities, in any court of competent jurisdiction in which the local authorities would be authorized to prosecute or sue the violator.

(d) In addition to any other sanction or remedy available, the Attorney General may bring an action in equity to compel compliance or restrain noncompliance with the requirements of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle, and to compel restoration of lands or structures to their condition prior to any modification which was done in violation of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle.

(e) Notwithstanding any other provision of this section, whenever a development in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area is proceeding in violation of an order, a permit, a plan, a local program, this subtitle, or regulations adopted, approved, or issued under this subtitle and threatens to immediately and irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the Attorney General, upon request of the chair, may bring an action to restrain the violation and, as appropriate, to compel restoration of any land or water areas affected by the development.

#### Section 8-1815.1

(a)

  (1) The provisions of this section are in addition to any other sanction, remedy, or penalty provided by law.

  (2) This section does not apply to any cutting or clearing of trees that is allowed under regulations adopted by the Commission under this subtitle.

(b) Subject to subsection (f) of this section, if a person cuts or clears or plans to cut or clear trees within the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local critical area program or of regulations adopted by the Commission, the chair may bring an action, or the local jurisdiction may bring an action or request that the chair of the Commission refer the matter to the Attorney General to bring an action:

  (1) To require the person to replant trees where the cutting or clearing occurred in accordance with a plan prepared by the State Forester, a licensed forester, a licensed landscape architect, or any other qualified professional approved by the Department;

  (2) To restrain the planned violation; or

  (3) For damages:

    (i) To be assessed by a circuit court in an amount equal to the estimated cost of replanting trees; and

    (ii) To be paid to the local jurisdiction by the person found to have violated the provisions of this subsection.

(c) If the chair of the Commission has reason to believe that the local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the chair shall refer the matter to the Attorney General as provided under Sec. 8-1815(b) of this subtitle.

(d) On the chair of the Commission's referral of an alleged violation under subsection (c) of this section to the Attorney General, the Attorney General may invoke the remedies available to the local jurisdiction under subsection (b) of this section in any court of competent jurisdiction in which the local jurisdiction would be authorized to prosecute or sue.

(e) On the request of a local jurisdiction or the chair of the Commission, the State Forester, a licensed forester, a licensed landscape architect, or any other qualified professional approved by the Department may prepare, oversee, and approve the final implementation of a plan to:

  (1) Replant trees in any part of the Chesapeake Bay Critical Area where trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) of this section; and

  (2) Replant trees in any part of the Atlantic Coastal Bays Critical Area where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of subsection (b) of this section.

(f)

  (1) This subsection applies only:

    (i) In Prince George's County; and

    (ii) To real property consisting of a parcel of land of less than 5 acres that is not zoned for commercial use.

  (2)

    (i) In the enforcement of subsection (b) of this section for a violation involving the clearing or cutting of trees in the Critical Area, the Prince George's County Department of Permitting, Inspections, and Enforcement shall record a lien on the property that is the subject of the violation within 90 days after issuing notice of the violation to the property owner.

    (ii) A properly recorded lien as described in subparagraph (i) of this paragraph is required to enforce and hold a current property owner liable for the cutting or clearing of trees by a previous property owner or user who performed the act that caused the violation.

    (iii) If a lien is not recorded as required, the local jurisdiction:

      (1) May pursue an enforcement action against only the previous owner or user that performed the act that caused the violation;

      (2) May not seek the remedies described in subsection (b) of this section against the current property owner; and

      (3)

        (A) Shall perform any restoration or mitigation that may be required under this section or Sec. 8-1815 of this subtitle resulting from the violation that is not performed by the previous owner or user; and

      (B) May enter the property that is the subject of the violation for restoration or mitigation purposes in accordance with Sec. 8-1815 of this subtitle.

#### Section 8-1816

In consultation with State and local agencies involved in planning, acquiring, and managing open space and recreational lands, the Commission, by January 1, 1987, shall prepare a report to the Governor and the General Assembly recommending State policy and goals for:

(1) The provision of public access along the shoreline of the Chesapeake Bay and its tributaries; and

(2) The reforestation of land within the Critical Area and the preservation of forested land within the Critical Area.

### Subtitle 19. Chesapeake Bay Trust and Programs. (Pt. I)

#### Section 8-1901

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

(b) "Board" means the Board of Trustees of the Chesapeake Bay Trust.

(c) "Trust" means the Chesapeake Bay Trust.

#### Section 8-1902

There is a Chesapeake Bay Trust established to promote public awareness and participation in the restoration and protection of the water quality and aquatic and land resources of the Chesapeake Bay and other aquatic and land resources of the State.

#### Section 8-1903

The purpose of the Chesapeake Bay Trust is declared to be of general benefit to the citizens and charitable in nature. The Trust shall be a body corporate and shall have perpetual existence, subject to modification or termination by the General Assembly if necessary to effectuate its purpose or when and if its substantial purpose ceases.

#### Section 8-1904

(a) The powers and duties of the Chesapeake Bay Trust shall rest in and be exercised by a board of 19 trustees.

(b) The Board of Trustees shall consist of:

  (1) The President of the Senate, ex officio;

  (2) The Speaker of the House, ex officio;

  (3) The Secretaries of Agriculture, the Environment, and Natural Resources, ex officio, or their designees; and

  (4) 14 individuals appointed by the Governor as follows:

    (i) 8 shall represent the interests of local government, education, environmental conservation, and the general public; and

    (ii) 6 shall represent the business community.

(c) The Governor shall consider geographical balance in making appointments to the Board of Trustees.

(d) Except for the ex officio members or their designees:

  (1) The term of a member is 4 years;

  (2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1985;

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

  (4) A member who is appointed after a term is begun serves for the rest of the term and until a successor is appointed and qualifies; and

  (5) A member may serve no more than 2 consecutive terms.

#### Section 8-1905

(a) The Board shall elect one of their members to serve as chair.

(b) The Board shall meet at places and dates to be determined by the Board, but not less than 2 times a year.

(c) Seven trustees shall constitute a quorum, but action may not be taken by a vote of less than seven members.

(d) A trustee:

  (1) May not receive compensation as a trustee; but

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

(e) The State agencies represented on the Trust shall provide staff, supplies, and office space, and shall be reimbursed for these expenses from moneys of the Trust.

#### Section 8-1906

The Trust shall have the powers and duties to:

(1) Solicit and accept any gift, grant, legacy, or endowment of money from the federal government, State government, local government, or any private source in furtherance of the Trust;

(2) Provide grants to nonprofit organizations, community associations, civic groups, schools, or public agencies for citizen involvement projects;

(3) Develop projects for sponsorship by corporate and business organizations or private individuals;

(4) Develop criteria for citizen involvement projects or corporate sponsorship projects;

(5) Make, execute, and enter into any contract or other legal instrument;

(6) Receive appropriations as provided in the State budget;

(7) Lease and maintain an office at a place within the State the Trust designates;

(8) Adopt bylaws for the regulation of its affairs and the conduct of its business;

(9) Take any other action necessary to carry out the purposes of the Trust;

(10) Sue and be sued, but only to enforce contractual or similar agreements with the Trust; and

(11) Report annually to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly, its activities during the preceding year together with any recommendations or requests deemed appropriate to further the purposes of the Trust.

#### Section 8-1907

(a) In developing the criteria for citizen involvement projects or corporate sponsorship projects, the Trust may consider activities that:

  (1) Preserve water quality and habitat;

  (2) Restore aquatic and land resources;

  (3) Publish or produce educational materials on the Chesapeake Bay and other aquatic and land resources of the State;

  (4) Provide educational scholarships or training; or

  (5) Promote conservation programs for the Chesapeake Bay and other aquatic and land resources of the State through the media or other means.

(b) The Trust may not consider activities which advocate a political candidate or political solution.

#### Section 8-1908

The Trust shall apply at least one-third of any gift, grant, legacy, or endowment received in excess of $5,000 directly to citizen involvement projects in accordance with the provisions of this subtitle.

#### Section 8-1909

(a)

  (1) All money received by the Trust shall be deposited, as directed by the Trust, in any State or national bank, or federally or State insured savings and loan associations located in the State having a total paid-in capital of at least $1,000,000.

  (2) The trust department of any State or national bank or savings and loan association may be designated as a depository to receive any securities acquired or owned by the Trust.

  (3) The restriction with respect to paid-in capital may be waived for any qualifying bank or savings and loan association which agrees to pledge securities of the State or of the United States to protect the funds and securities of the Trust in amounts and under arrangements acceptable to the Trust.

(b)

  (1) Except as provided in paragraph (2) of this subsection, any money of the Trust, in its discretion and unless otherwise provided in any agreement or covenant between the Trust and the holders of any of its obligations limiting or restricting classes of investments, may be invested in the following:

    (i) Bonds or other obligations of the United States, the State, the political subdivisions or units of the State, or direct or indirect federal agencies;

    (ii) Corporate bonds with a rating of BAA3/BBB;

    (iii) Mortgage-backed and asset-backed securities with a rating of AAA;

    (iv) Marketable equity securities;

    (v) Marketable equity-related mutual funds; or

    (vi) Debt-related mutual funds.

  (2) The overall debt security portion of the portfolio of the Trust must have a rating of at least AA.

(c) The Trust shall make provision for a system of financial accounting, controls, audits, and reports.

(d) The books, records, and accounts of the Trust are subject to audit by the State.

#### Section 8-1910

(a)

  (1) Except as provided in paragraph (2) of this subsection, in exercising its powers, the Trust:

    (i) Is exempt from the provisions of the State Finance and Procurement Article, the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System, and the provisions of Division II and Title 37 of the State Personnel and Pensions Article; and

    (ii) May carry out its corporate purposes without obtaining the consent of any department, board, or agency of the State.

  (2) The Trust is subject to the provisions of the State Finance and Procurement Article to the extent of State appropriations or contracts or grants from a unit of State government, if any.

(b)

  (1) Subject to paragraph (2) of this subsection, the trustees and employees of the Trust are exempt from the provisions of the Public Ethics Law.

  (2)

    (i) The Board shall adopt provisions to govern the public ethics of the trustees and employees of the Trust relating to conflicts of interest for nonprofit organizations.

    (ii) The Trust shall keep on file and make available for public inspection at the principal office of the Trust a written copy of the conflict of interest provisions adopted under subparagraph (i) of this paragraph.

#### Section 8-1911

(a)

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

  (2) "Program" means the Urban Trees Program.

  (3) "Qualified organization" means:

    (i) A nonprofit organization;

    (ii) A school;

    (iii) A community association;

    (iv) A service, youth, or civic group;

    (v) An institution of higher education;

    (vi) A county or municipality; or

    (vii) A forest conservancy district board.

  (4) "Underserved area" means an area of the State falling within the boundaries of:

    (i) An urban area, as delineated by the United States Census Bureau; and

    (ii)

      (1) A neighborhood that was, at any point in time, redlined or graded as "hazardous" by the Home Owners' Loan Corporation;

      (2) A census tract with an average rate of unemployment for the most recent 24-month period for which data are available that exceeds the average rate of unemployment for the State;

      (3) A census tract with a median household income for the most recent 24-month period for which data are available that is equal to or less than 75% of the median household income for the State during that period; or

      (4) A housing project as defined in Sec. 12-101 of the Housing and Community Development Article.

(b) There is an Urban Trees Program administered by the Trust.

(c) The purpose of the Program is to plant native species of trees in underserved areas, in furtherance of the goals established under Sec. 2-1212 of the Environment Article.

(d)

  (1) Beginning in fiscal year 2023, the Trust shall make grants to qualified organizations for tree-planting projects in underserved areas.

  (2) Eligible Program expenses include personnel costs, supplies, site preparation, and other expenses and materials related to planning, implementing, and maintaining tree-planting projects in underserved areas.

  (3) In awarding Program grants under this section, the Trust shall prioritize:

    (i) Grant applications from qualified organizations located in the underserved areas where the proposed tree-planting projects will be implemented; and

    (ii) Grant applications that include plans for engaging individuals, organizations, or businesses located in underserved areas to implement and maintain tree-planting projects in their communities.

(e)

  (1) The Program shall be funded with:

    (i) The amount specified in Sec. 9-1605.2(i)(11)(i) of the Environment Article; and

    (ii) Any additional funds that may be allocated by the Trust through its annual budget process.

  (2) The Trust shall seek federal funds and grants and donations from private sources to be made to the Trust for the purpose of the Program.

(f) A grant agreement regarding funds from the Trust for the Program shall:

  (1) Specify the allowed use of the funds provided under the grant; and

  (2) Include provisions for verification that tree-planting projects are being implemented and maintained as planned.

(g) On or before October 1 each year, the Trust shall report to the Department and the Department of the Environment on the grants awarded by the Program during the immediately preceding fiscal year, including:

  (1) The names and descriptions of grant recipients;

  (2) The number and location of trees planted by grant recipients; and

  (3) Any other information required by the Department or the Department of the Environment.

(h)

  (1) For fiscal years 2024 through 2031, in each year the Governor shall include in the annual State budget an appropriation of $10,000,000 for the Program.

  (2) Money appropriated under this subsection is supplemental to and may not take the place of funding that otherwise would be appropriated for the Program.

#### Section 8-1913

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

(b) "Clean energy project" means a project to improve access to clean, renewable energy sources in a community disproportionately affected by climate impacts.

(c) "Climate mitigation project" means a project to reduce emissions of greenhouse gases and co-pollutants and mitigate the health impacts of climate impacts in a community disproportionately affected by climate impacts.

(d) "Community disproportionately affected by climate impacts" means a community identified using the methodology recommended by the Commission on Environmental Justice and Sustainable Communities under Sec. 1-702 of the Environment Article.

(e) "Corps Board" means the Advisory Board of the Corps Program.

(f) "Corps Program" means the Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program established under Sec. 8-1914 of this part.

(g) "Energy conservation project" means a project to promote energy conservation or efficiency, including a project to:

  (1) Improve energy efficiency of households and public structures through energy audits, weatherization, and other on-site energy conservation measures;

  (2) Implement clean energy projects in communities to enhance the use of renewable energy, reduce carbon emissions, and mitigate climate impacts;

  (3) Implement community greening and urban tree canopy projects that create energy savings; and

  (4) Assist schools in becoming "green schools" and reducing energy costs.

(h) "Environmental project" means a project that results in long-term preservation, protection, and conservation of the environment, in areas including environmental restoration, agricultural and forestry, infrastructure, energy conservation, and educational improvements.

(i) "Qualified organization" means:

  (1) A nonprofit organization;

  (2) A school;

  (3) A community association;

  (4) A service, youth, or civic group;

  (5) An institution of higher education;

  (6) A county or municipality; or

  (7) A unit of State government.

(j) "Trust" means the Chesapeake Bay Trust.

#### Section 8-1914

(a) There is a Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program administered by the Trust, in consultation with the Corps Board.

(b) The purpose of the Corps Program is to:

  (1) Promote, preserve, protect, and sustain the environment;

  (2) Provide young adults with opportunities to become better citizens, students, and workers through meaningful service to their communities and the State;

  (3) Mobilize, educate, and train youth and young adults to work with communities and schools to promote energy conservation and mitigate and prevent threats to the environment;

  (4) Mobilize, educate, and train youth and young adults to deploy clean energy technology and mitigate and prevent the environmental and health impacts of climate impacts in communities disproportionately affected by climate impacts;

  (5) Ensure underserved and geographical climate disparities populations are given assistance needed to prepare for and adapt to climate impacts;

  (6) Provide a green career ladder and opportunities for all youth and young adults, especially those most at risk, to be exposed to and trained in the energy efficiency, environmental protection, governmental and regulatory administration, and renewable energy generation sectors;

  (7) Educate and train communities and individuals for the long-term action needed to continue to promote, preserve, protect, and sustain the environment after a Corps project has been completed;

  (8) Act as a coordinator and facilitator of efforts to foster public-private partnerships in developing "green collar" job opportunities and in enhancing and expanding the workforce available for environmental protection and clean energy industries; and

  (9) Channel available public and private resources to the protection, conservation, and preservation of the environment of the State.

#### Section 8-1915

(a)

  (1) The purpose of the Corps Board is to advise the Trust in the development and implementation of the Corps Program.

  (2) The Corps Board consists of the following members:

    (i) One member of the Senate of Maryland, appointed by the President of the Senate;

    (ii) One member of the House of Delegates, appointed by the Speaker of the House;

    (iii) One member appointed by the Chancellor of the University System of Maryland with the advice and consent of the Senate, to serve as a liaison between the Corps Board, the Chancellor, and the Board of Regents;

    (iv) One member appointed by the President of Morgan State University, to serve as a liaison between the Corps Board, the President, and the Board of Regents;

    (v) Three members of the Board of Trustees of the Chesapeake Bay Trust, appointed by the Chair of the Board; and

    (vi) Five members appointed by the Governor with the advice and consent of the Senate, including at least one individual from the nonprofit sector with a background in education and student service and one with a background in workforce development.

  (3) If a regulated lobbyist is appointed to serve as a member of the Corps Board, the lobbyist is not subject to:

    (i) Sec. 5-504(d) of the General Provisions Article; or

    (ii) Sec. 5-704(f)(3) of the General Provisions Article as a result of that service.

(b) A member of the Corps Board shall reside in the State.

(c) In making appointments to the Corps Board, the Governor shall consider:

  (1) Diversity; and

  (2) All geographic regions of the State.

(d) A member of the Corps Board:

  (1) May not receive compensation as a member of the Corps Board; but

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

(e)

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

  (2) The terms of the members are staggered as required by the terms provided for members on July 1, 2010.

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

  (4) 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.

(f) The appointing authority may remove a member for incompetence, misconduct, or failure to perform the duties of the position.

(g)

  (1) The Corps Board shall determine the times and places of its meetings.

  (2) The Corps Board may act with an affirmative vote of six members.

#### Section 8-1916

(a) From among its members, the Corps Board shall elect a chair and a vice chair.

(b) The Trust shall provide staff support for the Corps Board.

#### Section 8-1917

(a)

  (1) The Trust, in consultation with the Corps Board, shall make grants to qualified organizations for the creation or expansion of full- and part-time Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Programs, that involve citizens of all ages throughout the State, to carry out this part.

  (2) Corps programs shall engage and develop volunteers and stipend volunteers in environmental and energy conservation projects.

  (3) Eligible Corps Program expenses include personnel costs, stipends, supplies, and other materials for projects undertaken by Corps Program volunteers.

(b) The Trust, in consultation with the Corps Board, shall develop guidelines for evaluating applications from qualified organizations.

(c) The guidelines developed in accordance with subsection (b) of this section shall:

  (1) Consider the capability of the qualified organization to carry out Corps programs or projects;

  (2) Encourage and consider multiyear, multipartner proposals, local match, cost-sharing agreements, and in-kind match as factors in evaluating Corps Program grant applications; and

  (3) Require grant applications to describe how the qualifying organization intends to:

    (i) Assess the skills of Corps Program volunteers;

    (ii) Provide life skills and work skills training;

    (iii) Provide training and education, in addition to the training provided as a part of the main Corps Program;

    (iv) Develop, where relevant, agreements for academic study with:

      (1) Local education agencies;

      (2) Community colleges;

      (3) 4-year colleges;

      (4) Area charter high schools and vocational-technical schools; and

      (5) Community-based organizations;

    (v) Provide career and educational guidance;

    (vi) Recruit participants without high school diplomas; and

    (vii) Recruit retired and semi-retired seniors and other qualified individuals with relevant experience to train Corps Program volunteers and participate in Corps projects by volunteering their experience and skills.

(d) A grant agreement regarding funds from the Trust shall:

  (1) Specify the allowed use of the funds provided under the grant, including accountability measures and performance requirements;

  (2) Take into account the need for efficient multiyear funding and administration of the funds; and

  (3) Include provisions for verification that Corps programs and projects are being implemented as planned.

#### Section 8-1918

(a)

  (1) For stipend volunteer programs, the Trust and qualified organizations shall principally recruit individuals for a minimum 6-month commitment who, at the time of enrollment, are at least 18 years of age and not more than 25 years of age.

  (2) For summer volunteer programs, including summer stipend programs, the Trust and qualified organizations shall principally recruit individuals who, at the time of enrollment, are at least 15 years of age and not more than 18 years of age.

(b) Qualified organizations may not undertake a project if the project would replace regular workers or duplicate or replace an existing service in the same locality.

(c) A stipend volunteer:

  (1) May not receive a salary as a stipend volunteer; but

  (2) May receive a stipend, as determined by the Trust, based on the needs of the stipend volunteer and the limits of budgetary appropriations.

(d)

  (1) A stipend volunteer may not participate in any partisan political activity while engaged in the performance of duties as a stipend volunteer.

  (2) This part is effective only to the extent that it does not conflict with any federal or State laws or regulations relating to participation in partisan political activities.

  (3) A volunteer or stipend volunteer may not participate in any regulatory or statutory enforcement activities while engaged in the performance of duties as a member of the Corps Program.

#### Section 8-1919

(a) The Trust shall provide technical assistance to qualified organizations that request assistance.

(b) The Trust shall convene Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program participants on a regular basis in order to:

  (1) Promote team building among the participants;

  (2) Develop an understanding of the overall Corps Program purpose;

  (3) Share information about best practices;

  (4) Recognize excellence; and

  (5) Provide training and other learning opportunities.

(c) In providing training and technical assistance, the Trust may contract with an organization with a proven track record of developing and sustaining Corps programs, working with the Conservation Corps model, and engaging young people from disadvantaged backgrounds.

#### Section 8-1920

(a) The Corps Program's projects and activities shall meet an identifiable public need:

  (1) With specific emphasis on projects that result in long-term preservation, protection, and conservation of the environment, in areas including environmental restoration, agricultural and forestry, infrastructure, and educational improvements; or

  (2) Within a community disproportionately affected by climate impacts, with specific emphasis on climate mitigation and clean energy projects that result in long-term reductions to greenhouse gas emissions and improvements to public health and the environment.

(b) Environmental restoration projects may include:

  (1) Specific nutrient reduction activities, such as planting of bay grasses and oysters and installing natural shorelines on public spaces; and

  (2) Working with communities to improve their environmental impacts and activities and to encourage appropriate environmental stewardship.

(c) Agricultural and forestry projects may include working with Corps Program volunteers from rural areas of the State in partnership with the agricultural community in projects to prevent or reduce nutrient runoff.

(d) Infrastructure projects may include:

  (1) Improving the energy efficiency of housing for elderly and low-income households;

  (2) Implementing clean energy projects in communities to enhance the use of renewable energy, including free and low-cost energy audits; and

  (3) Building or assisting in building infrastructure to promote environmental education including outdoor classrooms, nature trails, and schoolyard habitats and watershed restoration, stream restoration, rain gardens, and other low-impact development projects.

(e) Educational projects may include:

  (1) Developing interactive environmental education and energy conservation education for elementary and secondary school students and the public;

  (2) Developing curriculum targeted at training high school students and apprentices to obtain skills necessary to create and implement clean energy projects in their communities and to compete for jobs in the emerging clean energy sector; and

  (3) Assisting schools to become "green schools" and reduce energy costs through hands-on projects with their students.

(f) Energy conservation projects may include the projects defined in Sec. 8-1913(d) of this part.

(g) Climate mitigation projects may include:

  (1) Projects to expand urban tree canopy, implement green rooftops, and take other actions to reduce urban heat island effects; and

  (2) Projects to improve access to clean, reliable transportation, including through the expansion of bike trails and pedestrian walkways.

(h) Clean energy projects may include:

  (1) Projects to install renewable energy systems at low-income households and schools, libraries, and other public buildings;

  (2) Projects to undertake holistic retrofits of low-income households, including weatherization and heat pump installation; and

  (3) Projects to provide experience in the energy efficiency, environmental protection, governmental and regulatory administration, and renewable energy generation sectors.

#### Section 8-1921

(a) Except as provided in subsection (c) of this section, the Corps Program shall be funded each fiscal year with:

  (1) The amount specified in Sec. 3-302(d) of this article; and

  (2) Up to $250,000 in additional funds that may be allocated by the Trust through its annual budget process.

(b) The Trust and the Corps Board shall seek federal funds and grants and donations from private sources to be made to the Trust for the purpose of long-term funding of the Corps Program.

(c) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $1,500,000 to the Trust for the Corps Program to implement climate mitigation and clean energy projects under Sec. 8-1920 of this subtitle.

#### Section 8-1922

Colleges and universities may:

(1) Contract with the Trust to carry out Corps Program work;

(2) Assign to the Trust resources to assist in its Corps Program work, development, and activities; and

(3) Assign faculty and staff to the Trust for the purpose of carrying out or assisting with Corps programs.

#### Section 8-1923

(a) In developing its programs and seeking federal and State grants, the Trust and the Corps Board shall:

  (1) Coordinate all efforts with the Maryland Conservation Corps established in Title 5, Subtitle 2 of this article to engage young adults in conservation service projects;

  (2) Coordinate all efforts with the Civic Justice Corps, an adjunct program of the Maryland Conservation Corps, to engage youth in conservation service projects; and

  (3) Seek assistance and advice from relevant public and private sources.

(b) In developing clean energy infrastructure and educational programs, the Trust and the Corps Board shall seek assistance from and cooperate with the Maryland Clean Energy Center under Title 10, Subtitle 8 of the Economic Development Article.

(c) In developing its volunteer programs, the Trust and the Corps Board shall seek assistance from and cooperate with:

  (1) The Maryland Service Corps and the Governor's Office on Service and Volunteerism under Title 9.5, Subtitle 2 of the State Government Article;

  (2) The Department of Economic Competitiveness and Commerce and other appropriate units of State government and private sector entities to develop opportunities for student participation in private sector activities, such as internship and externship programs; and

  (3) The University System of Maryland and other institutions of higher education in the State to develop opportunities for course credit arrangements through which students may earn course credits for participation in Corps programs as an alternative to or in addition to payment of a stipend in a stipend volunteer or other volunteer Corps program.

#### Section 8-1923.1

(a) This section applies to programs developed to implement climate mitigation and clean energy projects under Sec. 8-1920 of this subtitle.

(b)

  (1) The Trust and qualified organizations shall principally recruit individuals for a minimum 6-month commitment, who, at the time of enrollment, are at least 18 years old and under the age of 26 years.

  (2) Qualified organizations may not undertake a project if the project would replace regular workers or duplicate or replace an existing service in the same locality.

  (3) A Corps member may receive a stipend.

  (4) Stipends for Corps members shall include monetary payments of at least $15 per hour.

(c) In developing its programs and seeking federal and State grants, the Trust and the Corps Board shall:

  (1) Coordinate efforts with the Maryland Corps Program established under Sec. 24-1102 of the Education Article;

  (2) Coordinate efforts with the Maryland Conservation Corps to engage young adults in conservation service projects;

  (3) Seek assistance and advice from relevant public and private sources; and

  (4) Explore opportunities for initiating a college-level campaign to engage with community colleges, historically black colleges and universities, and other institutions of higher education in the State.

(d) In developing clean energy infrastructure and educational programs, the Trust and the Corps Board shall seek assistance from and cooperate with the Maryland Clean Energy Center under Title 10, Subtitle 8 of the Economic Development Article.

(e) In developing its Corps member programs, the Corps Board shall seek assistance from and cooperate with:

  (1) The Maryland Service Corps and the Governor's Office on Service and Volunteerism under Title 9.5, Subtitle 2 of the State Government Article;

  (2) The Department of Commerce and other appropriate units of State government and private sector entities to develop opportunities for student participation in private-sector activities, such as internship and externship programs; and

  (3) Community colleges, 4-year colleges, and universities in the State to develop opportunities for course credit arrangements through which Corps members may earn course credits for participation in the Corps Program as an alternative to or in addition to payment of a stipend.

#### Section 8-1924

(a) On or before October 1 of each year, the Trust, in consultation with the Corps Board shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

(b) The report shall include a complete operating and financial statement covering the operations of the Corps Board and a summary of the activities of the Corps Board during the preceding fiscal year.

### Subtitle 20. Penalty and Fines; Prosecution

#### Section 8-2001

(a) 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. Every fine and cost shall be paid in accordance with Sec. 7-503 of the Courts Article.

(b) 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 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any regulation or restriction adopted by any unit within the Department of Natural Resources pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.

#### Section 8-2002

The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title, including the recovery of penalties, except for prosecution of violations of the provisions of Subtitle 7 of this title and regulations adopted under Subtitle 7 of this title.

#### Section 8-2003

(a) Whenever a person is halted by a regular or special police officer for an offense on publicly owned watershed property punishable as a misdemeanor and which is either a violation of law or a violation of watershed regulations, and is not taken before a District Court commissioner as would otherwise be required or is permitted by law, the officer may prepare a written or electronic citation containing:

  (1) A notice to appear in court;

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

  (3) The offense charged;

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

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

  (6) Other pertinent information as necessary.

(b) The time specified in the notice to appear shall be at least five days after the alleged violation unless the person charged with the violation demands an earlier hearing.

(c) The place specified in the notice to appear shall be before a judge of the appropriate District Court.

(d) The person charged with the violation may promise to appear in court by acknowledging receipt of at least one copy of the citation prepared by the officer in a manner determined by the Department, in which event the officer shall deliver a copy of the citation to the person. Then, the officer may not take the person into physical custody for the violation.

(e) Failure to comply with the notice to appear is punishable as contempt or as otherwise provided by law in such cases.

### Subtitle 21. Phragmites Management and Control

#### Section 8-2101

The General Assembly finds that the growth of the tall, reed-like grass Phragmites communis, commonly known as phragmites, may be a public and common nuisance on land and wetlands used for wildlife habitat areas. Therefore, it is the intent of the General Assembly that this subtitle require that statewide studies of phragmites be conducted in order to determine its spread and determine any progress made in current management and control programs.

#### Section 8-2102

(a) A person who owns real property on which phragmites grows may apply to the Secretary for cost sharing assistance in the management and control of the spread of phragmites.

(b) The Secretary shall establish a cost sharing program to assist landowners, on whose property phragmites grows, in the management and control of the spread of phragmites.

(c) The Secretary may determine whether the Department should assist a landowner in the management and control of the spread of phragmites based on:

  (1) The magnitude of the area to be managed and controlled; and

  (2) The possibility of the spread of phragmites into adjoining land and wetland areas.

(d)

  (1)

    (i) Subject to the requirements of this subsection, the Department shall pay a landowner 50% of the costs associated with the eradication and control of the spread of phragmites.

    (ii) The landowner shall be responsible for any remaining costs.

    (iii) Money paid to a landowner under this section may be paid from the Tidal Wetlands Compensation Fund, the Wildlife Management and Protection Fund, or federal funds. The Department shall coordinate cost sharing assistance paid from the funds under this section with the Department of the Environment.

    (iv) The Department shall require verification of a landowner's expenses before the landowner may receive money from the cost sharing program.

  (2) The Department may not pay more than $12,000 each year to a single landowner, or to a person in the immediate family of the landowner, or to an entity in which the landowner has a substantial ownership interest, under the cost sharing program established in this section.

  (3) The Department may not expend more than $60 per acre per year for any cost sharing project under this section.

  (4) In lieu of cash payments to landowners, the Department may substitute in-kind services of equal value.

  (5) The Department shall establish priorities to target cost sharing assistance to wetlands restoration and enhancement where:

    (i) Phragmites threatens rare or endangered wildlife or plants;

    (ii) The highest diversity and abundance of native plants, wildlife, or fish exist; and

    (iii) Phragmites can be effectively controlled.

#### Section 8-2103

(a)

  (1) The Department shall study and analyze the effectiveness of the cost sharing program in the Department that assists landowners in paying for the cost of the management and control of the spread of phragmites.

  (2) The analysis required in paragraph (1) of this subsection shall include information on how assistance under the cost sharing program is allocated.

(b) The Department shall ascertain on a per-acre basis the statewide extent of infestation of phragmites, when necessary data is available, and shall study and analyze the progress made in the management and control of the spread of phragmites on:

  (1) Lands that the Department owns or controls; and

  (2) Any real property on which the Department assists landowners with the control of phragmites.

#### Section 8-2104

The Secretary may accept, use, or expend any aid, gift, or grant made available from any private or public source to carry out the provisions of this subtitle.

#### Section 8-2105

The Secretary shall implement a program to control the spread of phragmites, where appropriate, on lands that the Department owns or controls.

#### Section 8-2106

In implementing a phragmites control program, the Secretary shall consider alternative management and control methods and employ only those determined not to have adverse water quality impacts.

#### Section 8-2107

The Secretary shall adopt regulations to carry out the provisions of this subtitle, including eligibility criteria for landowners to obtain cost sharing assistance and procedures for the implementation of the cost sharing program under this subtitle.

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