Title 8. Waters — Subtitle 13. Patuxent River Watershed

In this subtitle the following words have the meanings indicated.

“Watershed” means the Patuxent River Watershed.

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:

This power and authority is in addition to that which is stated in Division II of the Land Use Article.

The appropriate county governing body or its duly designated agency may adopt:

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.

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.

Any land or property acquired under the provisions of this subtitle shall be exempt from any general or special State, county, and municipal tax.

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.

The appropriate county governing body or its duly designated agency may:

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.

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.

If funds are not available to any county named in § 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.