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.

There is a Scenic and Wild Rivers Program. The following rivers, including their tributaries, are included in the Program: Anacostia; Deer Creek; Monocacy; Patuxent; Pocomoke; Potomac (in Montgomery and Frederick counties); Severn; Wicomico in Charles County; and Youghiogheny. The Secretary shall administer the provisions of this subtitle. The Secretary shall formulate and implement a program to carry out the policy under § 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 § 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. 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. In this subtitle the following words have the meanings indicated. “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. “Wild river” means a free–flowing river whose shoreline and related land are: Undeveloped; Inaccessible except by trail; or Predominantly primitive in a natural state for at least 4 miles of the river length. 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. 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: The governing body of every county where the river is located, for their approval and recommendations; and The next regular session of the General Assembly.

There is a Scenic and Wild Rivers Review Board. 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. The members of the Board shall select the chairperson. A member of the Board: May not receive any compensation for the member’s services; but Shall be reimbursed for necessary travel expenses and disbursements made in order to attend any meeting or perform any other official duty. In addition to the duties set forth elsewhere in this subtitle, the Scenic and Wild Rivers Review Board shall: Review: Any inventory, study, plan, and regulation that is prepared under this subtitle; and The recommendations on the inventory, study, plan, and regulation of the Secretary, any local governing body, or any local advisory board; Meet regularly; and 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. 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. Each member of a local scenic and wild river advisory board shall reside in the county through which the scenic and wild river flows. The Scenic and Wild Rivers Review Board shall select the members of each local advisory board as follows: 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 § 8–408(a) of this subtitle as a wild river; At least two members who own land that is not contiguous to the scenic or wild river; One member shall represent the local governing body; and Two members from the county soil conservation district. 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: Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river; 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; Two representatives of the local governing body of each county through which the scenic or wild river flows; and One representative of each soil conservation district through which the scenic or wild river flows. Each local scenic and wild river advisory board shall: Review any inventory, study, plan, and regulation that is proposed under this subtitle and is applicable to any river in its jurisdiction; Make recommendations on the inventory, study, plan, and regulation to its local governing body and to the Scenic and Wild Rivers Review Board; Select its own chairperson; and Adopt its own administrative regulations for the operation of the local advisory board. Each member of a local advisory board may not: Receive compensation for service; or Be reimbursed for expenses incurred in travel or for attending meetings or performing any official duty. 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. 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. 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. 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. 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: Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river; 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; 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 One representative of an organization in the county with expertise in agriculture, such as the local farm bureau, grange, or soil conservation district. 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: Two residents of each county through which the scenic or wild river flows who own land contiguous to the scenic or wild river; 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; 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 One representative of an organization in the county with expertise in agriculture, such as the local farm bureau, grange, or soil conservation district. The two representatives of the local governing body shall be nonvoting members of the scenic river advisory board.

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: Trout streams and wetland areas; Spawning and propagation areas; Streams and rivers with scenic and aesthetic value of statewide significance; Existing or proposed public land adjacent to the rivers and streams; 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; Sections of any river or stream where limited development exists but is compatible with the wise use of the resources; 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 Sections of any river or stream that are important as food production areas, areas supporting migratory waterfowl, and spawning areas for shellfish.

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.

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.

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.

That segment of the Youghiogheny River between Millers Run and the southern corporate limits of Friendsville is designated a wild river. In §§ 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: An individual can see from the river or its contiguous shorelines; and The Secretary demonstrates by field investigation and defines by regulations. By July 1, 1985, the Secretary shall: Define by field investigation the boundaries of the scenic corridor of the Youghiogheny River; and Submit to the property owner a map indicating the proposed boundaries which affect the property owner. 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. 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: By an opportunity for an on–site review of the visual boundaries; or 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. The Secretary shall submit to each property owner a map indicating the proposed boundaries that affect the property owner. 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. If funding for the requested field survey is not immediately available: The Department shall request funding for the field survey in the next fiscal budget; and The field survey is contingent on that funding being provided. 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. The provisions of this subsection do not apply to any area in the scenic corridor that has been mined and is not reclaimed. A person may not mine any minerals by the strip or open pit mining method in the scenic corridor.

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. 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: Implement the approved management plan for the Youghiogheny River; and 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. 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. On the adoption of the regulations under paragraph (2) of this subsection, the Secretary shall administer and enforce the regulations.

If the prohibitions of § 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. As to any water or land areas within that portion of the Youghiogheny River that is designated by § 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 § 2–118(b) of the Real Property Article. 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.

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. 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. 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.