Title 08 — Subtitle 01. Office of the Secretary

Chapter 01. Advisory Committees

Regulation .01 Coastal and Watershed Resources Advisory Committee.Link Copy Citation

The Coastal and Watershed Resources Advisory Committee has the duty of advising the Secretary of Natural Resources on all matters referred to the Committee by the Director of the Coastal Zone Management Program.

Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Committee according to the provisions of the standard travel regulations of the State and within budgetary limitations.

The Coastal and Watershed Resources Advisory Committee shall elect annually, at the first meeting after January 1, a chairman, who shall be eligible for reelection in any subsequent year.

Meetings shall be held at the call of the chairman or the Director, Coastal Zone Management Program, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. No less than two meetings shall be held in each fiscal year.

Regulation .02 Maryland Boat Act Advisory Committee.Link Copy Citation

The Maryland Boat Act Advisory Committee has the duty of advising the Secretary of Natural Resources on all matters referred to the Committee by the Director of the Boating Service.

Terms of Membership.

(1)

The term of a member is 3 years.

(2)

Except as stated in §C(3) of this regulation, a term shall begin on January 1 of the year of appointment.

(3)

An individual who has been appointed to replace a member who resigned or has been removed from the committee prior to the end of the term:

(a)

Shall serve for the remainder of the original term; and

(b)

May be reappointed in accordance with this regulation.

(4)

Members are eligible for reappointment.

(5)

Members serve in accordance with Natural Resources Article, §1-102(c), Annotated Code of Maryland.

The Maryland Boat Act Advisory Committee shall elect annually, at the first meeting after January 1, a chair, who shall be eligible for reelection in any subsequent year.

Meetings shall be held at the call of the chair or the Director of the Boating Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.

The Secretary may release an appointee at any time.

Regulation .03 Forest and Park Advisory Commission.Link Copy Citation

The Forest and Park Advisory Commission shall have the duty of advising the Director of the Forest and Park Service on all matters referred to the Commission by the Director of the Forest and Park Service.

Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Commission according to the provisions of the standard travel regulations of the State and within budgetary limitations.

The Forest and Park Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for reelection in any subsequent year.

Meetings shall be held at the call of the chairman or the Director of the Forest and Park Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.

Regulation .04 Repealed.Link Copy Citation

Regulation .05 Wildlife Advisory Commission.Link Copy Citation

The Wildlife Advisory Commission shall have the duty of advising the Administrator of the Wildlife Administration on all matters referred to the Commission by the Administrator of the Wildlife Administration.

The Wildlife Advisory Commission shall elect annually at the first meeting after July 1, a chairman, who shall be eligible for re-election in any subsequent year.

Meetings shall be held at the call of the chairman or the Administrator of the Wildlife Administration, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.

Regulation .06 Tidal Fisheries Advisory Commission.Link Copy Citation

The Tidal Fisheries Advisory Commission has the duty of advising the Director of the Fisheries Service on all matters referred to the Commission by the Director of the Fisheries Service.

The Tidal Fisheries Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for re-election in any subsequent year.

Meetings shall be held at the call of the chairman or the Director of the Fisheries Service, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. Not less than two meetings shall be held in each fiscal year.

Regulation .07 Sport Fisheries Advisory Commission.Link Copy Citation

The Sport Fisheries Advisory Commission shall have the duty of advising the Director of the Fisheries Service on all matters referred to the Commission by the Director of the Fisheries Service.

The Sport Fisheries Advisory Commission shall elect annually, at the first meeting after July 1, a chairman, who shall be eligible for reelection in any subsequent year.

Chapter 02. Wildlands in Maryland

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Critical area planting” means the planting of vegetation, including trees, shrubs, vines, grasses, or legumes, on highly erodible or critically eroding areas to stabilize the soil and to reduce damage from sediment and runoff to downstream areas.

(2)

“Department” means the Maryland Department of Natural Resources.

(3)

“Endangered species” means a species whose continued existence as a viable component of the State's flora or fauna is determined to be in jeopardy, in accordance with Natural Resources Article, §4-2A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(4)

“Maryland Wildlands Preservation System” means those State lands which have been designated as wildlands by the Maryland General Assembly.

(5)

Mechanical Transport.

(a)

“Mechanical transport” means a device for transporting people or materials with wheels, tracks, or skids for traveling over land, water, or snow and propelled by a living or nonliving power source.

(b)

“Mechanical transport” does not include skis or snowshoes.

(5-1)

“Mineral” means a gas, oil, coal, peat, clay, stone, or fossil fuel located under a wildland area.

(6)

“Motorized equipment” means a machine activated by a nonliving power source.

(7)

Motor Vehicle.

(a)

“Motor vehicle” means a vehicle which is propelled by a nonliving power source.

(b)

“Motor vehicle” includes gas, diesel, and battery-powered engines.

(7-1)

Owner.

(a)

“Owner” means a person in whom is vested the ownership, dominion, or title of property.

(b)

“Owner” includes a:

(i)

Lessee or party in interest; and

(ii)

Successor and assigns.

(8)

“Person” means a county, municipal corporation, or other political subdivision of the State, an individual, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or representative.

(9)

Protective Installation.

(a)

“Protective installation” means facilities, appurtenances, and other improvements necessary for the protection of an area from fire, animals, insects, disease, or erosion.

(b)

“Protective installation” includes fences, gates, fire towers, and nonstructural shore erosion control measures.

(10)

“Road” means a way for relatively regular travel by motor vehicle which has been improved and is maintained by mechanical means.

(11)

“Secretary” means the Secretary of Natural Resources.

(12)

“Soil bioengineering” means a practice or technique which combines mechanical, biological, and ecological concepts to arrest and prevent slope failure and erosion.

(13)

“Species in need of conservation” means a species determined by the Secretary to be in need of conservation measures for its continued ability to sustain itself successfully pursuant to Natural Resources Article, §4-2A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(14)

“Structure” means an object constructed, installed, or placed on land to facilitate land use, including but not limited to:

(a)

Buildings;

(b)

Bridges;

(c)

Cabins;

(d)

Sheds;

(e)

Shore erosion control structures;

(f)

Barns;

(g)

Fire towers;

(h)

Nesting structures;

(i)

Observation platforms; or

(j)

Signs.

(15)

“Threatened species” means a species of flora or fauna which appears likely, within the foreseeable future, to become endangered in accordance with Natural Resources Article, §4-2A-01 or 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08.

(16)

“Wildland” means an area defined in Natural Resources Article, §5-1203, Annotated Code of Maryland, as an area of land or water which has retained its wilderness character, although not necessarily completely natural and undisturbed, or has rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the State.

Regulation .02 State Wildlands System.Link Copy Citation

Purpose. There is a State wildlands preservation system composed of areas in the State designated by the General Assembly as wildlands areas. The wildland areas shall be administered for the use and enjoyment of the people of Maryland in a manner that will leave them unimpaired for future use and enjoyment as wildlands, to provide for their protection, for the preservation of their wildland character, and for gathering and dissemination of information regarding their use and enjoyment. For a description of the boundaries of an individual wildland, see Natural Resources Article, §5-1203, Annotated Code of Maryland.

Types of Wildlands.

(1)

“Type 1 wildland” means a primitive area which by its size and location is in effect untouched by urban civilization and can offer the experience of solitude and self-reliance. Type 1 wildlands are usually lands located at higher elevations that protect watersheds and are ecologically vulnerable to human interferences.

(2)

“Type 2 wildland” means a unit of importance for natural sciences and ecology with outstanding value for education, research, and appreciation of natural processes. Preservation of the desired natural condition is the prevailing purpose of the Type 2 wildlands.

(3)

“Type 3 wildland” means an area which is not of ecological or primitive stature but which has the appearance of being in an untouched natural state.

Maryland Wildlands Preservation System. The State wildland system consists of the following areas in §D of this regulation, as delineated on maps filed in the Office of the Secretary.

Name, Location, and Acreage of State Wildlands.

(1)

There are presently 38 State-owned areas administered by the Department identified as State wildlands.

(2)

The general location, types, and acreage of State-owned wildlands are as follows:

Regulation .03 Permitted Activities — State Wildlands Preservation System.Link Copy Citation

The uses and activities in §§B—I of this regulation are permitted on all State wildlands.

Hunting, Fishing and Trapping. A person may hunt, fish, or trap within a wildland provided it is otherwise permitted under State laws and regulations.

Other Recreational Uses. Unless otherwise prohibited under Department regulations, public recreational activities in keeping with the wildland character of the area are permitted and include, but are not limited to:

(1)

Hiking;

(2)

Canoeing;

(3)

Kayaking;

(4)

Rafting; and

(5)

Snow skiing.

Motorboat Use.

(1)

On all State wildlands, use of motorboats is permitted only for:

(a)

State and emergency personnel conducting official business; and

(b)

Landowners to gain access to their properties.

(2)

At Cedar Island and Islands of the Potomac wildlands, the Department may permit motorized boat access and use within the boundaries.

(3)

At Mattawoman wildland, the Department may permit:

(a)

Motorized boat access and use within the boundaries; and

(b)

Commercial fishing guide operations, if the base for the commercial activity is not located within the boundary.

Protective Installations and Practices.

(1)

Wildlands shall be protected from fire, animals, insects, disease, and erosion in a manner which has minimal adverse effects on the wildland ecosystem and subject to conditions the Secretary considers desirable.

(2)

Every effort will be made to provide protection with minimal disruption by locating protective installations and practices outside of, or adjacent to, the wildland.

Leasing of Subsurface Mineral Rights. Unless otherwise prohibited by State law or regulation, leasing of subsurface mineral rights is permitted.

Maintenance and Improvement of Boundary Roadways. When a county or State road is the boundary of an area designated as a wildland, the county or State is exempt from General Assembly approval of road maintenance or improvement for public safety that extend into wildlands if the activities are:

(1)

Subject to normal review, permit, and approval actions as required by law; and

(2)

Located within 200 feet of the road edge.

Underground or Aboveground Lines and Related Easements.

(1)

Wildland areas are subject to:

(a)

Existing easement for electrical transmission lines, natural gas lines, telephones, or other aboveground or underground lines; and

(b)

Normal maintenance of lines, or of any easement held in conjunction with the lines.

(2)

Upgrading or expansion of lines, with necessary approval required by law, is permitted if the rights were in effect at the time of the wildland designation.

Access by Individuals with Disabilities. In a wildland, individuals with disabilities may use wheelchairs or other devices necessary for the use and enjoyment of wildlands.

Regulation .04 Permitted Activities — Select Units of the State Wildlands Preservation System.Link Copy Citation

The uses and activities in §§B—N of this regulation are permitted only in the wildlands specified.

Pocomoke River Wildland, Parcel One, as Identified in Natural Resources Article, §5-1203(d), Annotated Code of Maryland.

(1)

Within Pocomoke River wildland lying north of the Pocomoke River and east of the Milburn Landing area—Pocomoke River State Park, safety zone signs may be posted to protect the State park camping area in hunting seasons.

(2)

Activities related to the maintenance of existing public drainage within Pocomoke River wildland are permitted provided that all local and State requirements for review, permit, and approval are followed.

Gunpowder Falls State Park Wildland. The nonconforming use of an 8/10 of an acre parcel located approximately 1,600 feet northeast of Evna Road along the north side of Falls Road may continue until the year 2004.

Potomac Bends Wildland, Parcel Two, as Identified in Natural Resources Article, §5-1203(l), Annotated Code of Maryland.

(1)

The nonconforming use of a 2-acre parcel containing an archeological site at an abandoned home site located near the junction of Devil's Alley and the C & O Canal boundary is permitted.

(2)

The existing observation structure and vista management area at Point Lookout are permitted.

Black Marsh Wildland.

(1)

A 60-foot wide park access corridor is recognized between parcels one and two, as identified in Natural Resources Article, §5-1203(n), Annotated Code of Maryland. The corridor is defined as 30 feet from each side of the centerline of the existing haul road. The improved surface of the park access road to be placed in the corridor may not be more than 24 feet in width.

(2)

The Department may:

(a)

Convert existing dirt roads in parcel one of the Black Marsh wildland to pedestrian trails of not more than 8 feet in width, and use of the trails by motor vehicles shall be limited to construction and maintenance operations of the Department;

(b)

Construct not more than two viewing platforms adjacent to trails for public observation of areas with value for education, research, and appreciation of natural processes; and

(c)

Establish temporary access roads to the shoreline in parcels one and three solely for the purpose of shoreline stabilization, provided that:

(i)

A comprehensive study, with opportunities for citizen input, is conducted on the necessity and methods for shoreline stabilization and that opportunities for nonstructural and offshore stabilization are considered the highest priority,

(ii)

The use of any access road is demonstrated to be necessary to accomplish the required stabilization, and

(iii)

After the completion of any shoreline stabilization, any access road is removed immediately and the area used for the access road is allowed to revert to its natural conditions.

Belt Woods Wildland, as Identified in Natural Resources Article, §5-1203(k), Annotated Code of Maryland.

(1)

Within Belt Woods wildland, existing agricultural fields may be reforested using mechanical or motorized equipment, or may be allowed to revert to a forested condition.

(2)

Agricultural leases may continue until such time as forestation occurs.

(3)

Within Belt Woods wildland, existing structures and utilities may remain until the Department elects to remove these, and the removal may be done by mechanical or motorized equipment.

(4)

Belt Woods wildland contains unique ecological features including species sensitive to pressures caused by populations of nonnative and domesticated species, and the Department may, under the management plan, take action to remove, protect, and interpret these unique features.

Soldiers Delight wildland contains unique ecological features associated with serpentine soils. Active manipulation of the landscape may be required to maintain these features. The Department may:

(1)

Remove, replace, or dispose of vegetation using mechanical or motorized equipment; and

(2)

Erect fencing, gates, and signs associated with the protection and interpretation of unique natural or historical elements as called for in the management plan.

Morgan Run Wildland, Parcel One, as Identified in Natural Resources Article, §5-1203(s), Annotated Code of Maryland. The Department may utilize mechanical or motorized equipment to create and maintain recreational trails in conformance with the master plan.

Idylwild Wildland, as Identified in Natural Resources Article, §5-1203(dd), Annotated Code of Maryland. Idylwild wildland is subject to all rights set forth in a deed between the Mayor and Council of Federalsburg and the State and recorded among the land records of Caroline County at Liber 102, folio 285, namely:

(1)

The right of the Mayor and Council of Federalsburg to create, use, and maintain a pond on the property for municipal water supply; and

(2)

The rights held by Eastern Shore Public Service Comapny, its successors and assigns, to control use of a pond and to construct and operate as an electric transmission distribution system on the property.

Cypress Swamp Wildlands.

(1)

Activities related to the maintenance of existing public drainage within Cypress Swamp wildland are permitted if all local and State requirements for review, permit, and approval are followed.

(2)

The existing stand of planted pine trees in Parcel 5 identified in Natural Resources Article, §5-1203(c)(2), Annotated Code of Maryland, may be harvested by the Department using mechanical or motorized equipment, and the area then reforested or allowed to naturally revert to a forested condition.

Mattawoman Wildland. With prior approval of the Maryland Historical Trust and after an internal Departmental review, the Department may authorize:

(1)

Archaeological inventories, studies, and research that involve surface examination or limited substrate sampling;

(2)

Salvage and excavation of archaeological sites; and

(3)

Stabilization and restoration of historic structures existing as of October 1, 2014.

Parker’s Creek Wildland. In order to preserve, maintain, study, research, and educate the public about the unique ecological features and rare habitats in the Parker’s Creek Wildland area, within Parker’s Creek Wildland the Department may:

(1)

Retain, maintain, remove, or replace existing structures, trails, parking areas, and roads using mechanical or motorized equipment;

(2)

Remove, replace, or dispose of non-native species using mechanical or motorized equipment;

(3)

Erect fencing, gates, or signs in order to protect or identify unique natural or historical elements;

(4)

Construct and maintain not more than two viewing platforms adjacent to hiking trails for public observation;

(5)

Construct and maintain a footbridge across Parker’s Creek at the historical crossing found at the southern terminus of Old Parker’s Creek Road; and

(6)

Continue to authorize agricultural management activities on the Goldstein Bay Farm for so long as an agricultural lease is in effect.

Chapman Wildland. With prior approval of the Maryland Historical Trust and after an internal Departmental review, the Department may authorize:

(1)

Archaeological inventories, studies, and research that involve surface examination or limited substrate sampling;

(2)

Salvage and excavation of archaeological sites; and

(3)

Stabilization and restoration of historic structures existing as of October 1, 2014.

Dan’s Mountain Wildland. In Dan’s Mountain Wildland area the Department may:

(1)

Establish and maintain roads and trails to provide access for wildlife-dependent recreation;

(2)

Improve and manage habitat for early-succession wildlife; and

(3)

Take all other actions necessary to manage the area in a way that fulfills the purposes of the 1966 Federal Aid in Fish and Wildlife Restoration Act grant from the Department of the Interior that partially funded acquisition of the area.

Regulation .05 Prohibited Activities — State Wildlands Preservation System.Link Copy Citation

Except when expressly permitted under Regulation .03 or .04 of this chapter, the uses and activities in §§B—G of this regulation are prohibited in a wildland.

Permanent Roads, Structures, and Installations. Unless necessary to meet the minimum requirements for the purposes of the administration of the area, permanent roads, structures, or installations may not be located or constructed within a wildland. Except following public notice and hearing, the Governor, within a specific area and in accordance with any regulations the Governor considers desirable, may determine that the following permanent structures and installations in wildlands will serve the interests of the State and the State's people, and may recommend to the General Assembly passage of a bill authorizing:

(1)

The establishment and maintenance of reservoirs;

(2)

Water conservation works;

(3)

Power projects;

(4)

Transmission lines; and

(5)

Other facilities needed in the public interest, including road construction and maintenance essential to development and use of specific areas.

Commercial Enterprise.

(1)

An individual may not use the property or resources of a State wildland for commercial gain.

(2)

An individual may not, within a State wildland, sell, hire, or lease an object of merchandise, or a vessel or vehicle designed or used for the transportation of passengers or property.

Transplanting Nonnative Wildlife. A person may not introduce nonnative wildlife to a wildland.

Mineral Extraction. Except for the exercise of valid mineral rights in existence at the time of designation of an area as a wildland, surface extraction of minerals is prohibited. Recovery of subsurface minerals may not be initiated from any aboveground location within a wildland.

Motorboat Use by the Public. Public use of motorboats within a wildland shall be eliminated over a 5-year period beginning on the date of designation by law as a wildland.

Prospecting for water resources unless authorized by the Governor is prohibited.

Regulation .06 Restricted and Conditional Activities — State Wildlands Preservation System.Link Copy Citation

Except when expressly permitted under Regulation .03 or .04 of this chapter, the uses and activities listed in §§B—J of this regulation are restricted.

Temporary Roads. Except as necessary to meet the minimum requirements for the purposes of the administration of an area, including measures required in emergencies involving the health and safety of persons within the area or economic or safety threats to private property, temporary roads are prohibited.

Motorized Equipment and Vehicular Transport. Except as necessary for the purposes of administration of an area, including measures required in emergencies involving the health and safety of persons within the area, and economic or safety threats to private property, the following are prohibited in wildlands:

(1)

Motorized equipment;

(2)

Motor vehicles;

(3)

Motor boats;

(4)

Landing of aircraft; and

(5)

Mechanical transport.

Transplanting Native Wildlife. Native wildlife may not be removed from or released onto a wildland unless the removal or release:

(1)

Perpetuates or assists the recovery of a threatened or endangered species or a species in need of conservation; or

(2)

Assists in the restoration of an indigenous species eliminated or reduced by human activity.

Forest Management.

(1)

Cutting of Trees and Shrubs. Cutting of trees or shrubs is prohibited except when the following criteria are met:

(a)

Public safety is threatened;

(b)

There is an economic or safety threat to private property;

(c)

There is a maintenance need associated with the continued provision of electric utility service; or

(d)

There is a threat to unique species or unique natural communities which is most appropriately addressed through cutting or removal of trees or shrubs.

(2)

Reforestation. Reforestation is prohibited except when the following criteria are met:

(a)

When human influence has led to substantial deterioration of a wildland resource;

(b)

There is a reasonable expectation that natural regeneration will only occur after a prolonged length of time; or

(c)

There is a significant erosion and sedimentation hazard to living aquatic resources that can be addressed by:

(i)

Vegetative treatment systems,

(ii)

Riparian forest buffers,

(iii)

Critical area plantings, or

(iv)

Soil bioengineering.

Visitor Management.

(1)

The Department may elect to close or restrict areas of a wildland to public access to protect the wildland values of the area.

(2)

This may include, but is not limited to, restrictions on:

(a)

Party size;

(b)

Campsite location; or

(c)

Length of stay.

Camping.

(1)

Camping within a wildland is by permit only.

(2)

Primitive camping is allowed in wildland areas if it is otherwise permitted under Department policies and regulations.

(3)

Campers are required to:

(a)

Collect and remove trash from the area; and

(b)

Camp at least 50 feet from any trail or water body.

(4)

Open fires are prohibited.

Signs. State personnel conducting official business may:

(1)

Post appropriate warning signs on any unsafe structures within a wildland; or

(2)

Post appropriate information and regulation signs along the perimeter of a wildland provided the sign content includes, but is not limited to, information that:

(a)

Identifies significant natural or cultural features within the wildland; or

(b)

Is intended for public safety purposes, such as the identification of trail routes, distances, and areas of trail closures.

Nonstructural Shore Erosion Control. Nonstructural shore erosion control is prohibited except when:

(1)

Public safety is threatened; or

(2)

There is a significant hazard to living aquatic resources.

Temporary Structures, Installations, and Equipment.

(1)

Except when the Secretary determines that they contribute to the

(2)

The placement of the structures, installations, or equipment shall be subject to the terms and conditions required by the Department.

Chapter 03. Off-Road Vehicles

Regulation .01 Application.Link Copy Citation

This chapter applies to any motorized vehicle that falls within the definition of off-road vehicle in Regulation .02B(8) of this chapter.

Except as provided in this chapter, an off-road vehicle may not be operated on a forest or park trail designated in Regulation .11 of this chapter.

Emergency and Departmental vehicles are exempted from this chapter.

The following are exempted from provisions of this chapter if the vehicle use is an approved Departmental activity that includes:

(1)

Earth-moving, construction, or logging equipment;

(2)

Vehicles used for the development, maintenance, management, or protection of Department lands; and

(3)

Vehicles used by individuals holding easements for rights-of-way through public land, and their guests, in order to access private properties.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“ANSI” means the American National Standards Institute.

(2)

“ASTM” means the American Society for Testing and Materials.

(3)

“Commissioned officer” means a forest or park warden, or forest or park ranger, having the authority stated in Natural Resources Article, §5-206, Annotated Code of Maryland, or Natural Resources police officer having the authority stated in Natural Resources Article, §1-204, Annotated Code of Maryland.

(4)

“Deer bow season” means those dates open for hunting deer in accordance with COMAR 08.03.03.06—.08.

(5)

“Deer firearms season” means those dates open for hunting deer in accordance with COMAR 08.03.03.06—.08.

(6)

“Department” means the Department of Natural Resources.

(7)

“Department lands” means the State Forests, State Parks, Wildlife Management Areas, Cooperative Wildlife Management Areas, Natural Environmental Areas, Wildlands and Natural Resource Management Areas.

(8)

“Manager” means that commissioned officer or designated employee having management authority for a particular Department land.

(9)

Off-Road Vehicle (ORV).

(a)

“Off-road vehicle (ORV)” means a motorized vehicle designed for or capable of cross-country travel on land, water, snow, ice, marsh, swampland, or other natural terrain.

(b)

“Off-road vehicle (ORV)” includes:

(i)

A four-wheel drive or low pressure tire vehicle;

(ii)

An automobile;

(iii)

A truck;

(iv)

A motorcycle and related two-wheel vehicle;

(v)

An amphibious machine;

(vi)

A ground effect or air cushion vehicle;

(vii)

A snowmobile; and

(viii)

A golf cart.

(10)

“ORV trail” means an area designated for use by ORVs.

(11)

“SAE” means the Society of Automotive Engineers, Inc.

(12)

“Secretary” means the Secretary of Natural Resources.

(13)

“Snowmobile” means a track-powered vehicle manufactured specifically for recreational use over snow.

(14)

“Spring turkey season” means those dates for hunting turkey in accordance with COMAR 08.03.03.03D(2).

Regulation .03 Registration and Licensing Requirements for Operating ORVs on Designated Areas.Link Copy Citation

Restrictions.

(1)

Subject to the restrictions of §A(2)—(5) of this regulation, an individual may operate an ORV in the areas designated in Regulation .11 of this chapter.

(2)

The operator shall be:

(a)

The holder of a valid driver's license which is in the operator's possession;

(b)

The holder of a Maryland instruction and examination learner's permit, which is in the operator's possession, and accompanied by a licensed driver; or

(c)

12 years old or older and accompanied on the trail by a parent or legal guardian who is the holder of a valid driver’s license which is in the parent’s or guardian’s possession.

(3)

The operator shall possess and have in the operator’s possession:

(a)

An ORV registration issued by the Department; or

(b)

A copy of the ORV lease or rental agreement which shall contain all of the following:

(i)

Signature of the owner or the owner’s designee;

(ii)

Signature of the person leasing or renting the ORV; and

(iii)

Time period of the lease or rental.

(4)

The ORV shall be registered annually with the:

(a)

Department and display a registration sticker in accordance with the requirements of this regulation; or

(b)

Motor Vehicle Administration as a licensed motor vehicle for on-road use.

Registration stickers and certificates of registration are available at the Department’s regional service centers and from the Department and designated agents in accordance with §E of this regulation.

The applicant shall pay an applicable annual service charge and provide the required owner and ORV information.

The Department may furnish an ORV registration sticker and certificate of registration on consignment to a designated agent who provides a bond or other security considered sufficient and adequate by the Department to insure payment for the registration sticker and certificate of registration.

A registration sticker and certificate of registration issued by the Department:

(1)

Shall be valid January 1 through December 31;

(2)

Shall authorize use of the ORV only in those areas set forth in Regulation .11 of this chapter;

(3)

May not be transferred; and

(4)

May be revoked or suspended by the Department for a violation of this chapter.

A registration sticker shall be displayed on the left front portion of the vehicle to ensure visibility at 100 feet during daylight hours.

Daily reservation permits must be acquired online through the Department’s ORV permit reservation systems. A printed copy of the online confirmation of the daily reservation permit shall be carried by the trail user while on the trail, and be available for inspection by authorized Departmental personnel upon request.

Regulation .04 Disposition of Proceeds.Link Copy Citation

The Department shall use the service charges, collected under Regulation .03C of this chapter, to promote use of ORVs by:

Identifying and posting ORV trails for use;

Acquiring, developing, and managing ORV trails; and

Patrolling and maintaining ORV trails.

Regulation .05 ORV Standards.Link Copy Citation

An ORV may not be operated on Departmental lands unless it conforms to applicable State laws and regulations relating to registration, operation, and inspection requirements, and is equipped with:

(1)

At least one headlight and one red tail light that are operational between sundown and sunrise; and

(2)

A muffler or other effective noise suppression system in good working order that is:

(a)

In constant operation,

(b)

Maintained and operated in a manner to prevent excessive or unusual noise caused by an ORV not in compliance with this chapter.

Equipment for Riders.

(1)

Headgear. An individual may not operate or ride an ORV unless the individual is wearing protective headgear that meets the requirements of COMAR 11.13.05.02.

(2)

Eye Protection or Windscreen. An individual may not operate an ORV unless an eye-protective device or a windscreen is used that is of a type that is in compliance with COMAR 11.13.05.03.

Three-wheel vehicles are prohibited from use on a State ORV trail unless the three-wheel vehicle:

(1)

Is registered as an on-road vehicle with the Motor Vehicle Administration; and

(2)

Meets the requirements of this chapter.

A commissioned officer representing the Department may determine the acceptability and admissibility of an ORV on Departmental lands.

Regulation .06 Operating Requirements for ORVs on Department Lands.Link Copy Citation

Operating Requirements.

(1)

Snowmobiles may be operated only on ORV trails designated for snowmobile use.

(2)

A snowmobile may be used on trails designated for its use from December 15 through March 15 of each year, except for certain trails which may be closed to facilitate hunting activity during firearms season or other seasonal special events.

(3)

The manager may open or close trails at any time of the year based upon consideration of overall physical, environmental, and recreational use for:

(a)

Removing trail hazards;

(b)

Conducting educational programs, safety programs, or special events; or

(c)

Using snowmobile trails when snow conditions warrant.

(4)

A snowmobile ORV trail may be closed at any time by the manager when one or more of the following conditions occur on the trail:

(a)

Insufficient snow;

(b)

Dangerous or defective conditions; or

(c)

Use that may:

(i)

Threaten or harm wildlife, or

(ii)

Conflict with other recreational uses.

Exceptions to the restrictions set forth in §A of this regulation may be made by the Secretary.

An individual may not operate an ORV on ORV trails:

(1)

In a reckless, careless, or negligent manner;

(2)

In a manner that disregards the rights or safety of an individual or property;

(3)

While under the influence of alcohol or drugs;

(4)

In a manner which causes damage to property, wildlife, vegetative resources, or individuals;

(5)

In a manner to cause or permit the obstruction of traffic by unnecessary parking or stopping; or

(6)

In an area not designated by this chapter.

Closings. A restricted area of operation may be posted at any time by the Department against public entry of the area for the protection of the environment or visitors and during:

(1)

Periods of construction, maintenance, or adverse road conditions;

(2)

Periods of forest operations or high fire hazard; or

(3)

Hunting seasons or other special events.

An ORV is subject to the provisions of other applicable Department regulations.

An individual shall obey any reasonable or lawful order of a commissioned officer in connection with the use or operation of an ORV.

Regulation .07 Reporting Accidents.Link Copy Citation

The operator of an ORV involved in an accident shall contact the Department Communications Center as listed on the online confirmation if the vehicle is in an accident which involves death or injury of an individual.

The operator of an ORV involved in an accident shall provide the following information to the Department Communication Center:

(1)

Registration number of the ORV or vehicles involved;

(2)

Location of the accident;

(3)

Date and time of the accident;

(4)

Weather conditions at the time of the accident;

(5)

Name, address, and age of the:

(a)

Individual submitting the report;

(b)

Owners of the ORV and other property involved;

(c)

Operators of any ORV involved; and

(d)

Any fatalities or injuries;

(6)

Description of damage to property or animal, and estimated cost of repairs;

(7)

Nature and extent of injury to an individual;

(8)

Description of the accident; and

(9)

Names and addresses of known witnesses.

Regulation .08 Noise Level Limits and Enforcement Schedules.Link Copy Citation

Exception. This regulation does not apply to devices used solely for the purpose of warning, protecting, or alerting the public of the existence of an emergency situation.

Snowmobiles.

(1)

An individual may not operate a snowmobile on Department lands that produces a maximum noise exceeding the noise level limits set forth in §B(2) of this regulation, measured at a distance not less than 50 feet from the point of operation under test procedures established by the SAE.

(2)

Noise level limits and the effective dates for enforcement are:

Motorcycles and Other ORVs.

(1)

An individual may not operate a motorcycle or other ORV on Department lands that produces a maximum noise exceeding the noise level limits set forth in §C(2) of this regulation, measured at a distance not less than 50 feet from the point of operation under test procedures established by the SAE, ANSI, or ASTM.

(2)

Noise level limits and the effective dates for enforcement are:

Regulation .09 Violations.Link Copy Citation

An individual who violates any provision of this chapter is subject to the provisions of Natural Resources Article, §5-1301, Annotated Code of Maryland, in addition to any penalties under Criminal Law Article, §6-405, Annotated Code of Maryland.

Regulation .10 ORV Trail Designation Procedure.Link Copy Citation

ORV trails are generally described in this regulation and identified on the location maps in Regulation .12 of this chapter.

Before acquiring or designating a trail or road for off-road use, the Department shall:

(1)

Give public notice of the proposed new trail or road;

(2)

Collect public comment; and

(3)

Place signs on designated ORV trails.

Regulation .11 Designated Trails.Link Copy Citation

The following areas are designated ORV trails.

Garrett State Forest in Garrett County.

(1)

The trails listed in this regulation may only be used in accordance with this regulation.

(2)

Piney Mountain Trail (Map Number 1)

(a)

The Piney Mountain Trail beginning at the Sang Run-Cranesville Road and ending at the intersection of the Piney Mountain Road and the unnamed dirt road may be used by:

(i)

Snowmobiles from December 15 through April 15, except during deer firearms season; and

(ii)

Two-wheel and four-wheel vehicles year-round and during the deer firearms season.

(b)

The western half of the loop may be used by snowmobiles only, and may not be used by any motorized wheeled vehicle.

(3)

Snaggy Mountain Trail (Map Number 2).

(a)

That portion of Snaggy Mountain Trail beginning at Cranesville Road and running south along Snaggy Mountain Road/Hutton-Switch Road to the bridge at the head of Herrington Lake may be used by:

(i)

Snowmobiles from December 15 through April 15, except during deer firearm season; and

(ii)

Two-wheel and four-wheel vehicles year-round and during the deer firearms season.

(b)

That portion of Snaggy Mountain Trail forming the eastern side of the northern loop beginning and ending at the points where the loop leaves the part of the trail running along Snaggy Mountain Road/Hutton-Switch Road, the southern portion of the trail beginning at the bridge at the head of Herrington Lake to the trail’s end, and the trail connecting at midway the northern loop to the southern portion of the trail may only be used by snowmobiles and may not be used by any motorized wheeled vehicle.

Potomac State Forest in Garrett County.

(1)

The trails described in this section may only be used in accordance with this regulation.

(2)

Wallman/Laurel Run Trail (Map Number 3).

(a)

The northern portion of Wallman/Laurel Run Trail beginning at the western boundary of the forest at Rileys Spring Branch and running eastward toward the Potomac River along Laurel Run to the parking lot at the end of the road may be used by:

(i)

Snowmobiles from December 15 through April 15, except during the deer firearms season; and

(ii)

Two-wheel and four-wheel vehicles year-round and during the deer firearms season.

(b)

The eastern portion of the Wallman/Laurel Run Trail beginning at the western boundary of the forest at Rileys Spring Branch and running southward along Wallman Road to the parking lot at the end of the Wallman Road may be used by:

(i)

Snowmobiles from December 15 through April 15, except during the firearms season; and

(ii)

Two-wheel and four-wheel vehicles year-round and during the deer firearms season.

(c)

The western portion of the Wallman/Laurel Run Trail beginning where it leaves the eastern portion of the trail near the dirt access road identified as the Loop Road Snowmobile Trail, and running south on and along the access road to the point where the trail ends when it intersects with the southern portion of the trail described in §C(2)(d) of this regulation and the center trail connecting the western and eastern portions which follow the access road may:

(i)

Be used only by snowmobiles from December 15 through April 15, except during the deer firearms season; and

(ii)

Not be used by any ORVs for the remainder of the year.

(d)

The southern portion of the Wallman/Laurel Run Trail beginning where it intersects with the western portion of the trail at the Loop Road Snowmobile Trail and running southward to its intersection with the eastern portion may be used only by snowmobiles, and may not be used by any motorized wheeled vehicle.

(3)

Backbone Mountain Trail (Map Number 4).

(a)

That portion of Backbone Mountain Trail beginning near the intersection of Maryland Route 135 and Maryland Route 38 and running northeast to the Juvenile Services Boy’s Camp may only be used by snowmobiles, and may not be used by any wheeled vehicle excepting that portion of the trail that runs along the CCC Camp Road, which is open to two-wheel and four-wheel vehicles year-round and during the deer firearms season.

(b)

That portion of Backbone Mountain Trail beginning near the intersection of Swanton Hill Road and Maryland Route 135 and running northeast along the Burkholder Trail to the Juvenile Services Boy’s Camp may be used by:

(i)

Snowmobiles from December 15 through April 15, except during deer firearms season; and

(ii)

Two-wheel and four-wheel vehicles year-round and during the deer firearms season.

Savage River State Forest in Garrett County.

(1)

The trails described in this section may only be used by the ORVs indicated.

(2)

Meadow Mountain Trail (Maps Number 7, 8, 9, and 10).

(a)

The northern portion of Meadow Mountain Trail beginning at and running along East Shale Road (approximately 1/4 mile south of US Route 68) southward to the point where it intersects New Germany Road may only be used by:

(i)

Snowmobiles from December 15 through April 15, except during the deer firearms season; and

(ii)

Two-wheel and four-wheel vehicles during the remainder of the year and during the deer firearms season.

(b)

The portion of Meadow Mountain Trail beginning on the southwest side of New Germany Road and running south to Frank Brenneman Road may only be used by snowmobiles, and may not be used by a motorized wheeled vehicle.

(c)

The southern portion of Meadow Mountain Trail beginning at the intersection of the Thayerville fire tower road and the State park road and running in a northeasterly direction and ending on Compartment 77 may be used by snowmobiles, and may not be used by a motorized wheeled vehicle.

(3)

A snowmobile may be unloaded either at Deep Creek Lake State Park parking lots or the New Germany State Park/Savage River State Forest maintenance area parking lot if the snowmobile is driven directly to Meadow Mountain Trail on the designated access trails provided.

(4)

Margraff Plantation Trail (Map Number 5) may be used only by:

(a)

A snowmobile from December 15 through April 15;

(b)

Two-wheel and four-wheel ORVs from July 15 through the beginning of deer bow season; and

(c)

Any vehicle registered with the Motor Vehicle Administration as a licensed motor vehicle for on-road use may use the Trail at any time.

(5)

Bowman Hill North Trails (Map Number 6) coincides with portions of the forest access roads through compartments and may be used only by snowmobiles from December 15 through April 15, and may not be used by any ORV for the remainder of the year, except as provided under Regulation .06A(3)(b) of this chapter.

(6)

St. John’s Rock-Red Dog Road Trail Map Number 11may be used only by:

(a)

A snowmobile from December 15 through April 15;

(b)

Two-wheel and four-wheel ORVs from April 16 through the beginning of the spring turkey season, and from the end of the spring turkey season through the beginning of the deer bow season;

(c)

No more than 15 ORVs per day and a daily reservation permit must be obtained prior to using the Trail; and

(d)

Any vehicle registered with the Motor Vehicle Administration as a licensed motor vehicle for on-road use may use the Trail at any time.

Deep Creek Lake Natural Resources Management Area.

(1)

The frozen lake surface may be used only by snowmobiles.

(2)

Access to the lake surface may occur only at:

(a)

A designated parking area at Deep Creek Lake State Park; or

(b)

If permission has been obtained from the permittee, a buffer strip use permit site.

(3)

Snowmobile operators use the lake surface at their own risk. The Department makes no assurances regarding the safety of:

(a)

Operating a snowmobile on Deep Creek Lake; or

(b)

The ice conditions.

ORV trail status will be made public on the Department’s website.

Regulation .12 Official Maps.Link Copy Citation

Map 1—Garrett State Forest, Piney Mountain Trail, Garrett County, MD—see Map 1.

Map 2—Garrett State Forest, Snaggy Mountain Trail, Garrett County, MD—see Map 2.

Map 3—Potomac State Forest, Wallman/Laurel Run Trail, Garrett County, MD—see Map 3.

Map 4—Potomac State Forest, Backbone Mountain Trail, Garrett County, MD—see Map 4.

Map 5—Savage River State Forest, Margraff Plantation Trail, Garrett County, MD—see Map 5.

Map 6—Savage River State Forest, Bowman Hill North Trails, Garrett County, MD—see Map 6.

Maps 7, 8, 9, 10—Savage River State Forest, Meadow Mountain Trail, Garrett County, MD—see Maps 7, 8, 9, 10.

Map 11—Savage River State Forest, St. John's Rock/Red Dog Road Trail, Garrett County, MD—see Map 11.

SEE FORM AT END OF CHAPTER.

Chapter 04. Procedures for Contested Case Hearings

Regulation .01 Scope.Link Copy Citation

This chapter applies to contested case hearings that the Secretary is required to initiate by:

(1)

Statute;

(2)

Constitution; or

(3)

A regulation that expressly or by clear implication requires a hearing to be held in accordance with the Administrative Procedure Act and this chapter.

This chapter does not apply to conferences, investigations, or to proceedings at which the general public has been assembled to provide comments and opinions on a permit or license proposed to be issued by the Department.

These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with a statute or regulation concerning a specific type of contested case, the more specific statute or regulation controls as to the issue in conflict. If a conflict occurs between this chapter and the Administrative Procedure Act, the Administrative Procedure Act controls.

Regulation .02 Definitions.Link Copy Citation

The following terms have the meanings indicated.

Terms Defined.

(1)

“Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2)

“Administrative Law Judge” means an Administrative Law Judge of the Office of Administrative Hearings.

(3)

“Contested Case” has the meaning stated in State Government Article, §10-202(d), Annotated Code of Maryland.

(4)

“Department” means the Department of Natural Resources.

(5)

“Office of Administrative Hearings” has the meaning stated in State Government Article, §9-1602, Annotated Code of Maryland.

(6)

“Party” means a person or agency named or admitted as a party, including the Department.

(7)

“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.

(8)

“Secretary” means the Secretary of Natural Resources or a designee of the Secretary. For purposes of this chapter Secretary includes an official empowered by statute to render the final agency decision in a contested case.

Regulation .03 Delegation.Link Copy Citation

The Secretary may:

(1)

Conduct a contested case hearing in accordance with the Administrative Procedure Act and any other applicable law;

(2)

Delegate the authority to conduct a contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, § 10-205, Annotated Code of Maryland; or

(3)

With the prior written approval of the Chief Administrative Law Judge of the Office of Administrative Hearings, delegate the authority to conduct a contested case hearing to a person not employed by the Office of Administrative Hearings.

Regulation .04 Notice of Agency Action.Link Copy Citation

The Secretary shall give reasonable notice of the agency's action in accordance with State Government Article, § 10-207, Annotated Code of Maryland when the Department is required by law to:

(1)

Provide a contested case hearing; or

(2)

Provide the opportunity to request a contested case hearing.

Unless a relevant statute or regulation provides otherwise, a notice of agency action shall be provided to the parties or the parties' representatives by mail.

Regulation .05 Revocation of Delegation.Link Copy Citation

For a reason specified in §B of this regulation, the Secretary may revoke, in whole or in part, the authority delegated to the Office of Administrative Hearings to conduct a contested case hearing at any time before the earlier of:

(1)

The issuance of a ruling on a substantive issue; or

(2)

The taking of oral testimony from the first witness.

The Secretary may revoke the delegation of authority if, in the opinion of the Secretary, a contested case involves:

(1)

Unanticipated, novel, or unique legal, scientific, or factual issues; or

(2)

Significant social, fiscal, legal, or policy issues.

The Secretary shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings.

Regulation .06 Proposed Decision.Link Copy Citation

The Office of Administrative Hearings shall issue a proposed decision in accordance with the Secretary's delegation.

Unless otherwise provided by law or the Department's delegation, the Office of Administrative Hearings shall submit the proposed decision to the Secretary and each party.

The proposed decision shall:

(1)

Be in writing;

(2)

Contain findings of fact and conclusions of law; and

(3)

Include an explanation of procedures and time limits for submitting exceptions to the Secretary.

Regulation .07 Exceptions — Requests for Oral Argument.Link Copy Citation

Filing Exceptions; Oral Argument Request.

(1)

Within 15 calendar days after the Office of Administrative Hearings submits a proposed decision to the parties, a party may file written exceptions to the Secretary. The party filing the exceptions shall mail or deliver a copy of the exceptions to all parties.

(2)

A party filing exceptions may request the opportunity to present oral argument to the Secretary that the proposed decision should be reversed, affirmed, or remanded.

A party may submit a written reply to the exceptions and participate in the oral argument. A reply to exceptions must be filed with the Secretary and delivered to all parties within 15 calendar days after receipt of the exceptions.

If oral argument is requested, the Secretary shall notify all parties that oral arguments will be heard at a certain date, time, and place. Oral argument shall be scheduled to allow the parties time to reply to the exceptions.

The Secretary may require the parties who filed exceptions to bear the cost of transcribing the relevant portions of the record. Each party shall bear the cost of its own copy of the transcript.

The Secretary may extend the time for filing exceptions or replies to exceptions.

Regulation .08 Final Decision.Link Copy Citation

A final decision in a contested case shall contain:

(1)

Findings of fact;

(2)

Conclusions of law;

(3)

An order; and

(4)

A statement of the right to seek judicial review.

If the Office of Administrative Hearings has issued a proposed decision or order and no exceptions are filed within 15 calendar days after a proposed decision or order is submitted to the parties, the Secretary may proceed to make the final decision.

If a party files exceptions, the Secretary shall:

(1)

Consider each part of the record that the parties cite in their exceptions, replies to exceptions, and oral arguments before making a final decision; and

(2)

Except as otherwise provided by law or by agreement of the parties, make the final decision within 30 days after the exceptions are filed or the argument is presented, whichever is later.

The Department shall mail or deliver the final decision to all parties.

Regulation .09 Reconsideration and Revision.Link Copy Citation

On the initiative of the Secretary or on motion of any party filed at any time the Secretary may revise a final decision if the decision was based on fraud, mistake, or inadvertence.

Regulation .10 Petition for Judicial Review.Link Copy Citation

A party that is adversely affected by a final decision or order may file a petition for judicial review as provided by State Government Article, §10-222, Annotated Code of Maryland.

Chapter 05. Criteria for Certain Activities on Private Property

Regulation .01 Posting Against Trespassing.Link Copy Citation

Criminal Law Article, Title 6, Subtitle 4, Annotated Code of Maryland, requires that in order to institute proceedings for trespassing under Criminal Law Article, Title 6, Subtitle 4, the owner or tenant of any private property shall have posted the property against unlawful entry or trespass.

The requirement is that:

(1)

Signs shall be placed where they may reasonably be seen; or

(2)

Identifying paint marks on trees or posts shall be placed at each road entrance and adjacent to public roadways, public waterways, and any other lands adjoining the property. For purposes of this regulation, a paint mark shall be:

(a)

A vertical line at least 2 inches in width, and at least 8 inches in length,

(b)

Centered at least 3 feet, but not more than 6 feet from the ground, or from the water surface at its mean high tide for tidal water, or its normal level for nontidal water,

(c)

Readily visible to a person with normal eyesight who approaches the property, and

(d)

Bright blue oil base paint.

Chapter 06. Public Information Act Requests

Regulation .01 Scope.Link Copy Citation

This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, which are maintained by the Department of Natural Resources. These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with State Government Article, §§10-611—10-628, Annotated Code of Maryland, the statute controls.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Applicant” means an individual or governmental unit that requests the inspection and reproduction of a public record.

(2)

“Custodian” means the official custodian who is an officer or employee of the Department, or of a political subdivision, who is responsible for keeping the public record, whether the officer or employee has physical custody and control of a public record.

(3)

“Department” means the Department of Natural Resources.

(4)

“Public record” means the original or a copy of any documentary material that is made by a unit or instrumental to the Department or received in connection with the transaction of public business, and is in any form, including:

(a)

A card;

(b)

A computerized record;

(c)

Correspondence;

(d)

A drawing;

(e)

Film or microfilm;

(f)

A form;

(g)

A map;

(h)

A photograph or photostat;

(i)

A recording; or

(j)

A tape.

(5)

“Secretary” means the Secretary of Natural Resources.

Regulation .03 Request for Public Record.Link Copy Citation

An applicant may request to inspect or copy public records of the Department.

An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian.

Regulation .04 Contents of Request.Link Copy Citation

A written request shall:

Contain an applicant's name, address, and phone number;

Be signed by the applicant; and

Identify by brief description the public record requested.

Regulation .05 Filing Request.Link Copy Citation

A written request shall be addressed to the custodian of the record by using the custodian's name or title, and to the unit and program maintaining the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary, and shall include as much identifying information about the request as possible.

Regulation .06 Response to Request.Link Copy Citation

If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request.

If the custodian denies the written request, the custodian shall do so within 30 days of receipt of the written request. The custodian shall immediately notify the applicant of the denial, and within 10 working days of the denial provide the applicant with a written statement that gives:

(1)

The reasons for the denial;

(2)

The legal authority for the denial; and

(3)

Notice of the remedies available under State Government Article, §§10-611—10-628, Annotated Code of Maryland, for review of the denial.

If a requested public record is not in the custody or control of the individual to whom written application is made, the individual shall notify the applicant within 10 working days of the receipt. If the individual knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

With the consent of the applicant, any time imposed by this regulation may be extended.

The custodian shall deny inspection of a public record as required under State or federal law.

The custodian may deny inspection of a public record as permitted under State or federal law.

Except for use in carrying out its governmental functions, the custodian shall not disclose, and shall deny inspection or copying of, any part of a public record that contains sociological information relating to an individual. For purpose of this section, sociological information means:

(1)

Social Security number;

(2)

Personal address;

(3)

Personal telephone number;

(4)

Personal email address;

(5)

Medical history;

(6)

Educational history;

(7)

Work history;

(8)

Military service;

(9)

Financial information;

(10)

Religious preference, membership, and attendance;

(11)

Personal relationships, beliefs, and values;

(12)

Genealogical charts; and

(13)

Family history.

Regulation .07 Public Records Temporarily Unavailable.Link Copy Citation

If the requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying.

Regulation .08 Public Records Destroyed or Lost.Link Copy Citation

If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of the reasons why the record cannot be produced.

Regulation .09 Review of Denial.Link Copy Citation

If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request.

Hearing Procedures.

(1)

If an applicant requests a hearing, the hearing shall be conducted by the Secretary, an administrative law judge employed by the Office of Administrative Hearings, or the Secretary's designee.

(2)

The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

(3)

After the hearing, the designee shall prepare a decision for the Secretary.

(4)

The Secretary shall issue the final decision of the Department within 30 days of the receipt of the recommended decision.

(5)

If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.

If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland. The applicant need not exhaust the administrative remedy provided under §A of this regulation before filing suit.

Regulation .10 Disclosure Against Public Interest.Link Copy Citation

If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, §§10-611—10-628, Annotated Code of Maryland, would do substantial injury to the public interest, the custodian may temporarily deny the request, and within 10 working days of the denial, petition the appropriate circuit court for an order permitting continued denial or restriction of access. The Department shall serve a copy of the petition on the applicant as provided for service of process by Courts and Judicial Proceedings Article, §6-301, Annotated Code of Maryland.

Regulation .11 Fees.Link Copy Citation

Fee Schedule for Certifying and Copying a Record.

(1)

Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Department. If the public records are not susceptible to photocopying, for example, punch cards, magnetic tapes, drawings, maps, blueprints, microfilm slides, or photographs, the fee for copies is based on the actual cost of reproduction, as determined by the custodian.

(2)

Documents More Than 25 Pages. If the public record requested to be reproduced is more than 25 pages, the custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee.

(3)

Certification of Copies. If an applicant requests that a copy of a public record be certified as a true copy, the custodian shall charge an additional fee of $1 per record.

(4)

Computer Printouts. If the Department is required to provide a computer printout, the charge for the printout includes:

(a)

The computer and peripheral equipment usage;

(b)

Programming; and

(c)

Material costs.

(5)

Search Fees.

(a)

Except as provided in §A(5)(b) of this regulation, the custodian may charge reasonable fees for the search and preparation of public records for inspection and copying, in addition to the cost for reproduction.

(b)

The custodian may not charge search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.

If the fees for copies, printouts, photographs, or certified copies of a public record are specifically prescribed by a law other than State Government Article, §§10-601—10-628, Annotated Code of Maryland, or this chapter, the prescribed fee shall be charged by the custodian.

If the custodian is unable to copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

Before reproducing a public record, the custodian shall estimate the cost of reproduction including any search fee, and either:

(1)

Obtain the written agreement of the applicant that the cost shall be paid; or

(2)

Request prepayment of the estimated fee before reproducing the record.

If an applicant requests that copies be mailed or delivered to the applicant, the cost of postage or delivery shall be charged to the applicant.

Regulation .12 Waiver or Reduction of Fees.Link Copy Citation

The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the:

(1)

Item requested is promotional in nature or is routinely distributed to the public;

(2)

Item may be reproduced free of charge; or

(3)

Applicant is unable to pay for the costs of reproduction.

The decision of the custodian to waive or reduce a fee is within the sole discretion of the custodian, and the decision is final.

Chapter 07. Chesapeake Forest Lands

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Chesapeake Forest Land road” means a road on, or adjacent to, the Chesapeake Forest that is maintained by the service.

(2)

“Department” means the Department of Natural Resources.

(3)

“Director” means the Director of the Forest Service.

(4)

“Hunt club” means an organization made up of hunters with a club president.

(5)

“Hunting lease agreement” means a legal agreement between a hunt club and the Department, giving the hunt club exclusive hunting rights to a tract of Chesapeake Forest Lands.

(6)

“Program Open Space” means the program under Natural Resources Article, Title 5, Subtitle 9, Annotated Code of Maryland, that provides funding for the State and its subdivisions to acquire land for open space and for outdoor public recreation.

(7)

“Public road” means any road that is maintained by either a county or the Maryland State Highway Administration.

(8)

“Secretary” means the Secretary of Natural Resources.

(9)

“Service” means the Forest Service, a unit within the Department of Natural Resources.

(10)

“Sustainable forestry” means the stewardship and use of forests and forest lands in a way, and at a rate, that:

(a)

Maintains their biodiversity, productivity, regeneration, capacity, vitality, and potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local and regional levels; and

(b)

Does not cause damage to other ecosystems.

(11)

“Tract” means an individual land unit of Chesapeake Forest Lands that is recorded by deed description in the local county land records office.

(12)

Vehicle.

(a)

“Vehicle” means a mode of transportation by which an individual or property may be transported on a roadway.

(b)

“Vehicle” includes:

(i)

A trailer;

(ii)

An automobile;

(iii)

A truck;

(iv)

A bus;

(v)

A moped;

(vi)

An animal;

(vii)

An animal-drawn vehicle;

(viii)

A bicycle;

(ix)

An all-terrain vehicle (ATV); and

(x)

An off-road vehicle (ORV).

Regulation .02 Chesapeake Forest Lands.Link Copy Citation

Purpose. In accordance with Natural Resources Article, §§5-207 and 5-903(2)(i), Annotated Code of Maryland, a group of lands has been acquired by the Department with Program Open Space funds and through the gift of lands. These lands were acquired specifically to be retained as working forest, producing forest products to help maintain local employment, to protect outdoor recreational values, and for other environmental benefits for the local communities on Maryland's Eastern Shore. None of these areas has been accorded a formal land unit designation and existing land unit designations do not fulfill the purposes for which these lands were acquired.

This chapter:

(1)

Establishes a new official land unit designation, Chesapeake Forest Lands; and

(2)

Is intended to remedy the concerns set forth in §A of this regulation.

Chesapeake Forest Lands—Composition. Chesapeake Forest Lands comprise:

(1)

The units in §D of this regulation, as delineated on maps filed by the Office of the Secretary; and

(2)

Other State lands that in the future may be given or purchased in whole or part with Program Open Space funds or other funds targeted for sustainable forestry.

Chesapeake Forest Lands are comprised of over 60,000 acres in various tracts in the following six counties: Caroline, Talbot, Dorchester, Wicomico, Worchester, and Somerset, including the Wicomico Demonstration Forest located in Wicomico County, Seth Demonstration Forest located in Talbot County, and the Fred W. Besley Demonstration Forest, named after Maryland’s first State Forester, located in Dorchester County. Maps indicating size and location of each tract are maintained on file in the office of the forest manager for Chesapeake Forest Lands.

Regulation .03 Management and Use.Link Copy Citation

All uses and management of Chesapeake Forest Lands shall be in accordance with the purposes of sustainable forestry.

Regulation .04 Hunting.Link Copy Citation

General.

(1)

The Director may establish areas designated for public hunting and areas for leased hunting.

(2)

Notice.

(a)

The areas open to public hunting and leased hunting shall be posted.

(b)

The designated public hunting areas shall be published annually in the Guide to Hunting and Trapping in Maryland.

(3)

Only members of the hunt club listed in the hunting lease agreement may hunt on their club's designated tract or tracts between the dates of September 1 and June 1.

(4)

The hunting season in all designated hunting areas shall be in accordance with State and federal laws and regulations.

(5)

Except by written permit, an individual may not trap or attempt to trap on Chesapeake Forest Lands. The permit shall be issued by the Director.

(6)

Except by written permit, issued by the Director, an individual may not use a dog to chase fur-bearing mammals on Chesapeake Forest Lands. The Director shall review applications for a permit consistent with Regulation .03 of this chapter.

(7)

An individual may not hunt within 150 yards of an occupied structure or camp.

(8)

An individual hunting on Chesapeake Forest Lands, may not hunt within 150 feet of any Chesapeake Forest Lands boundary, adjacent to private land, nor shoot on, from, or across any public road. The hunting of wild waterfowl, as defined in COMAR 08.03.01.36, is exempt from the 150 foot restriction where the boundary coincides with the shoreline of the waters of the State.

(9)

Except as provided in §A(10) of this regulation, an individual may only erect on Chesapeake Forest Lands blinds or treestands that are brought in and taken out with the individual each day.

(10)

With written permission from the Service, an individual may use or construct permanent blinds or tree stands on Chesapeake Forest Lands.

(11)

A person may not enter onto a leased hunting tract between the dates of September 1 and June 1 without written permission from the Service.

Baiting or Feeding on Chesapeake Forest Lands.

(1)

Except as provided in §B(2) of this regulation, an individual may not place, cause to be placed, scatter, or distribute:

(a)

Shucked or unshucked corn, wheat, or other grain;

(b)

Salt; or

(c)

Other feed.

(2)

Baiting or feeding on designated leased hunting areas is allowed only by written permission from the Service from September 1 through January 31.

(3)

An individual may not hunt, shoot, kill, or attempt to hunt, shoot, or kill, a game bird or a mammal by the aid of bait, on or over the baited area on any public hunting area.

Guiding on Chesapeake Forest Lands. A person may not guide hunting parties for economic gain on any Chesapeake Forest Lands tract owned or controlled by the Department of Natural Resources and managed by the Service.

Regulation .05 Closing Against Entry.Link Copy Citation

This regulation does not apply to employees of the Department on official business.

The Service may, by notice, close certain areas of Chesapeake Forest Lands to public entry and travel.

The use of Chesapeake Forest Land roads is subject to the provisions of the laws of Maryland and the regulations of the Department. Roads may be closed to traffic when this action is considered necessary by the Service.

Regulation .06 Fires.Link Copy Citation

An individual shall obtain a permit from the Service before kindling, building, maintaining, or using an open fire within a Chesapeake Forest Land tract.

A fire permit may be revoked at any time by the Service.

Regulation .07 Camping.Link Copy Citation

Camping on Chesapeake Forest Lands is limited to only those areas designated by the Department and requires a valid camping permit issued by the Service. The permit shall specify place and time period for camping.

Regulation .08 Refuse and Rubbish.Link Copy Citation

An individual may not deposit garbage, tires, sewage, waste, foodstuffs, paper, or other litter in Chesapeake Forest Lands.

Regulation .09 Plants, Rocks, Minerals, and Animals.Link Copy Citation

This regulation does not apply to Department personnel performing their duties.

Except as authorized in Regulation .04 of this chapter and §C of this regulation, an individual may not remove, disturb, damage, or destroy any plant, rock, mineral, or animal in Chesapeake Forest Lands.

Timber, firewood, or other forest products may be taken from Chesapeake Forest Lands after a sales contract or permit has been obtained from the Service.

Regulation .10 Vehicles.Link Copy Citation

The Service may restrict the use of bicycles and electric bicycles, subject to COMAR 08.01.10, and animals on certain forest roads and trails on Chesapeake Forest Lands.

Except by written permit from the Service, the use of any all-terrain vehicle or off-highway vehicle is prohibited on Chesapeake Forest Lands.

Vehicles may not be parked so they block access to any gate or road on Chesapeake Forest Lands.

Regulation .11 Advertising.Link Copy Citation

Unless a permit is obtained from the Service, an individual may not erect or post a sign, notice, or literature on Chesapeake Forest Lands.

Regulation .12 Encroachment.Link Copy Citation

Private encroachments are prohibited on Chesapeake Forest Lands.

Encroachments include, but are not limited to:

(1)

Fences;

(2)

Walls;

(3)

Dog runs;

(4)

Dog houses;

(5)

Storage structures;

(6)

Driveways;

(7)

Compost piles;

(8)

Swimming pools;

(9)

Tree houses;

(10)

Play houses;

(11)

Woodpiles;

(12)

Gardens;

(13)

Play equipment;

(14)

Television or radio reception devices; and

(15)

Other devices, structures, refuse, or material.

Regulation .13 Pets.Link Copy Citation

Pets shall be kept under reasonable control consistent with the safety of forest users and forest wildlife. An individual with a pet shall prevent the pet from biting individuals. Pets may not be permitted to disturb forest wildlife outside of hunting activities.

Regulation .14 Weapons.Link Copy Citation

Definition.

(1)

In this regulation, the following term has the meaning indicated.

(2)

Term Defined. “Weapon” means:

(a)

A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including but not limited to a firearm, crossbow, or long bow;

(b)

A dirk knife, bowie knife, switchblade (except a penknife without a switchblade), sand club, metal knuckles, razor, or nunchaku; or

(c)

A device capable of:

(i)

Inflicting death or bodily harm to an individual;

(ii)

Maiming or killing wildlife; or

(iii)

Destroying property.

Except as provided in Regulation .04 of this chapter and §§C and D of this regulation, possession or use of weapons or firearms by an individual other than a law enforcement officer is prohibited in Chesapeake Forest Lands.

Target shooting is permitted only at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly enforced.

Except when legally hunting or legally target shooting, an individual may not discharge a firearm on land or waters owned or controlled by the Service.

Firearms shall be unloaded, and arrows kept in a quiver or case, when in a Chesapeake Forest camping area in accordance with Regulation .07 of this chapter.

Regulation .15 Damage to Public Property.Link Copy Citation

A person may not injure, deface, or vandalize any part of the lands owned or controlled by the Service or any building, sign, gate, equipment, or other public property on those lands.

Regulation .16 Disorderly Conduct.Link Copy Citation

An individual may not act in a disorderly manner on Chesapeake Forest Lands by:

Making loud and unseemly noises or profanely cursing, swearing, or using obscene language;

Indecently exposing their person or performing any indecent act;

Throwing missiles, to the annoyance of the public;

Interfering with, encumbering, obstructing, or rendering dangerous any public place;

Engaging in, instigating, or encouraging a confrontation or fight; or

Causing a disturbance of the public.

Chapter 08. Form and Procedure for Petitions for Declaratory Rulings

Regulation .01 Petitions for Declaratory Rulings.Link Copy Citation

Who May File. Any interested person may petition the Secretary for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Department of Natural Resources to any person or property.

Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.

Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Natural Resources, for the Secretary's consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of the decision, stating the reasons.

Chapter 09. Land Acquisition and Transfer

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Board of Public Works” means the Board established by Article XII of the Constitution of Maryland, consisting of the Governor, the Treasurer, and the Comptroller of Maryland.

(2)

“Department” means the Department of Natural Resources.

(3)

“Director” means the Director of the Land Acquisition and Planning unit of the Department of Natural Resources.

Regulation .02 Appraisals.Link Copy Citation

This regulation applies to all real property acquisitions made under Natural Resources Article, §1-109, Annotated Code of Maryland.

Before any real property is acquired from an owner, other than by gift, the Department shall obtain two independent appraisals of the property.

A review appraiser in the Department:

(1)

Shall review the two independent appraisals for form, fact, and conclusions;

(2)

May, with the approval of the Director, obtain a third independent appraisal and review it for form, fact, and conclusions; and

(3)

Shall recommend to the Department a value or range of values for the real property based on the reviewed appraisals.

The Department shall approve a value or range of values that may be offered for the property after consideration of the review appraiser’s recommendation.

The Department shall offer to purchase the real property from the owner at a price:

(1)

Equal to the value or within the range of values that the Department approved under §D of this regulation; and

(2)

Mutually acceptable to both the Department and the owner.

The actual consideration to be paid for any real property is subject to final approval by the Board of Public Works.

Chapter 11. Coast Smart Council

Regulation .01 Scope.Link Copy Citation

This chapter applies to all units of State and local government that construct projects subject to the Coast Smart Construction Program.

This chapter does not apply to the reconstruction of a highway facility.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

The following terms have the meaning stated in Natural Resources Article, §3-1001, Annotated Code of Maryland:

(a)

“Coast Smart”;

(b)

“Coast Smart Council”;

(c)

“Design criteria”;

(d)

“Siting criteria”;

(e)

“Structure”; and

(f)

“Substantial damage”.

(2)

“Categorical Exemption” means an exemption from the strict application of the Coast Smart siting or design criteria for a class of projects, provided the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.

(3)

“Coast Smart Map” means the map adopted by the Coast Smart Council delineating the boundary within which the Coast Smart Construction Program applies.

(4)

Coast Smart Construction Program.

(a)

“Coast Smart Construction Program” means the program that establishes Coast Smart siting and design criteria for the construction of new or reconstructed structures and new highway facilities within the boundary established by the Coast Smart Map.

(b)

“Coast Smart Construction Program” includes the Coast Smart Map and the Coast Smart Construction Program Document, adopted by the Coast Smart Council

(5)

Critical or Essential Facilities.

(a)

“Critical or essential facilities” means buildings and other structures that are intended to remain operational in the event of extreme environmental impacts from flood, wind, snow, or earthquakes.

(b)

“Critical and essential facilities” include hospitals, fire stations, police stations, storage of critical records, facilities that handle or store hazardous materials, drinking water and sewage treatment facilities, airports, transit and highway access and other essential transportation, and similar facilities.

(6)

“Emergency” has the meaning stated in Public Safety Article, §14-101, Annotated Code of Maryland.

(7)

“Historic structure” means a structure that is located in the State and:

(a)

Is listed in the National Register of Historic Places;

(b)

Is designated as a historic property under local law and determined by the Director of the Maryland Historical Trust to be eligible for listing on the National Register of Historic Places; or

(c)

Is:

(i)

Located in a historic district listed on the National Register of Historic Places or in a local historic district that the Director of the Maryland Historical Trust determines is eligible for listing on the National Register of Historic Places; and

(ii)

Certified by the Director of the Maryland Historical Trust as contributing to the significance of the district.

(8)

“Passive public access project” means a project that:

(a)

Provides either recreational or scenic access to water bodies or shoreline areas; and

(b)

Requires location within a flood zone for its purpose.

(9)

“Qualifying agency” means a unit of state or local government that funds, plans, designs, constructs, or oversees capital projects subject to the Coast Smart Construction Program.

(10)

“Temporary structure” means a structure intended to be in place for less than 180 consecutive days in any given calendar year.

(11)

“Water-dependent project” means a project that by reason of its intrinsic nature or operation is:

(a)

Dependent on the water;

(b)

Requires location at or near the water; and

(c)

Requires continued direct access to the water as an integral part of its use.

Regulation .03 Applicability.Link Copy Citation

A project shall comply with the Coast Smart Construction Program if it meets the criteria in §B of this regulation.

The applicable Coast Smart Construction Program criteria are:

(1)

The project is a capital project;

(2)

The project is located within the Coast Smart boundary, as indicated on the Coast Smart Map;

(3)

The project includes:

(a)

The construction of a new structure;

(b)

The reconstruction of a structure with substantial damage; or

(c)

The construction of a new highway facility;

(4)

At least 50 percent of the total project costs are funded with state funds; and

(5)

The total project cost is $500,000 or more.

Regulation .04 Coast Smart Construction Program.Link Copy Citation

Projects subject to the Coast Smart Construction Program shall satisfy the Coast Smart siting and design criteria specified in the Coast Smart Construction Program Document published on the Department’s website.

For all projects subject to the Coast Smart Construction Program, the Qualifying Agency shall complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document.

Regulation .05 Categorical Exemptions.Link Copy Citation

The following categories of projects may be exempt from the strict application of the Coast Smart siting and design criteria:

(1)

Water-dependent projects;

(2)

Passive public access projects;

(3)

Historic structures;

(4)

Temporary structures; and

(5)

Emergency projects.

A qualifying agency may determine that a project qualifies for a categorical exemption, provided that the qualifying agency demonstrates that the project has been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.

For all projects eligible for a categorical exemption, the qualifying agency must complete the Coast Smart Project Screening Form within the Coast Smart Construction Program Document and indicate the project category for which the exemption applies.

The qualifying agency may request input from the Coast Smart Council regarding the project’s eligibility for and the qualifying agency’s determination of an exemption.

The qualifying agency shall make the final determination as to whether a project qualifies for an exemption.

The qualifying agency shall provide the completed Coast Smart Project Screening Form to the Coast Smart Council upon request.

Regulation .06 Waivers.Link Copy Citation

A qualifying agency may request a waiver from one or more of the Coast Smart siting or design criteria.

The Governor's Sustainable Growth Subcabinet, established under State Government Article, § 9-1403, Annotated Code of Maryland, shall review and decide waiver requests.

The qualifying agency shall submit to the Governor's Sustainable Growth Subcabinet:

(1)

The Coast Smart Criteria Waiver Form within the Coast Smart Construction Program Document;

(2)

All necessary supporting documents including the Coast Smart Project Screening Form; and

(3)

A letter:

(a)

Identifying the specific siting or design criteria from which a waiver is requested;

(b)

Justification for why the project is unable to meet the Coast Smart siting or design criteria; and

(c)

Factors upon which the waiver request is based, as provided in the Coast Smart Construction Program Document.

Regulation .07 Reporting.Link Copy Citation

Upon request, a qualifying agency shall submit project information to the Coast Smart Council.

The information shall include the following list of projects:

(1)

Projects that were located within the Coast Smart boundary, as indicated on the Coast Smart Map;

(2)

Projects for which the qualifying agency made a categorical exemption determination; and

(3)

Projects that received waiver determinations from the Governor's Sustainable Growth Subcabinet.

The qualifying agency shall maintain all project information, including the Coast Smart Screening Form, in accordance with the agency's document retention schedule.

Chapter 10. Use of Bicycles and Electric Bicycles on Department Lands

Regulation .01 Applicability.Link Copy Citation

This chapter applies to the use of bicycles and electric bicycles on Department lands.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Adaptive bicycle” means a bicycle designed with a specialized mobility device for use by individuals with physical disabilities or mobility challenges and that may be customized with one or more of the following adaptive features:

(a)

Hand-cycles;

(b)

Three-wheeled designs for stability;

(c)

Reinforced frames;

(d)

Adaptive seating; or

(e)

Specialized controls.

(2)

“Bicycle” means a vehicle that:

(a)

Is designed to be operated by human power; and

(b)

Has two or three wheels, of which one is more than 14 inches in diameter.

(3)

“Class 1 electric bicycle” has the meaning stated in Transportation Article, §11-117.1, Annotated Code of Maryland.

(4)

“Department” means the Department of Natural Resources.

(5)

“Department lands” means Chesapeake Forest Lands, State Forests, State Parks, Wildlife Management Areas, Cooperative Wildlife Management Areas, Natural Environmental Areas, Natural Resource Management Areas, and Wildlands.

(6)

Electric bicycle.

(a)

“Electric bicycle” has the meaning stated in Transportation Article, §11-117.1, Annotated Code of Maryland.

(b)

“Electric bicycle” includes an adaptive bicycle equipped with an electric assist motor.

Regulation .03 Usage.Link Copy Citation

A person may use a bicycle or an electric bicycle on public roads, parking lots, or ORV trails on Department lands.

A person may use a bicycle, adaptive bicycle, or Class 1 electric bicycle only on designated trails on Department lands.

A person is prohibited from using a bicycle or an electric bicycle on Wildlands, as designated under Natural Resources Article, §5-1203, Annotated Code of Maryland.

The Secretary or their designee may restrict on a temporary or permanent basis the use of bicycles or electric bicycles on trails on Department lands.

If the use of bicycles is prohibited in an area on Department lands, the use of an electric bicycle is also prohibited.

If a recreational trail is designated as pedestrian-use only, the use of bicycles and electric bicycles is prohibited.

Regulation .04 Notice.Link Copy Citation

The Secretary or their designee shall provide notice of temporary or permanent bicycle or electric bicycle restrictions by:

(1)

Posting signage at a trailhead;

(2)

Posting notice on a bulletin board on the affected Department land; or

(3)

Publishing the restriction on the Department’s website.

The Secretary or their designee may restrict the use of bicycles or electric bicycles from Department lands:

(1)

If the trail is designed for a particular user group;

(2)

If the area contains appropriate infrastructure;

(3)

If critical habitat protection is necessary;

(4)

If the area is designated as a wildland;

(5)

The safety of the trail users; or

(6)

If the trail surface is unsuitable for bicycles or electric bicycles.

Regulation .05 Conduct.Link Copy Citation

A person may not operate a bicycle or electric bicycle:

In a reckless, careless, or negligent manner;

In a manner that disregards the rights or safety of an individual;

While under the influence of alcohol or drugs;

In a manner that causes damage to property, wildlife, vegetative resources, or individuals.

In a manner that exceeds the posted speed limits for bicycles or electric bicycles; or

While in a prohibited area.

Title 08 — Subtitle 01. Office of the Secretary

Chapter 01. Advisory Committees

Regulation .01 Coastal and Watershed Resources Advisory Committee.LinkCopy Citation

Regulation .02 Maryland Boat Act Advisory Committee.LinkCopy Citation

Regulation .03 Forest and Park Advisory Commission.LinkCopy Citation

Regulation .04 Repealed.LinkCopy Citation

Regulation .05 Wildlife Advisory Commission.LinkCopy Citation

Regulation .06 Tidal Fisheries Advisory Commission.LinkCopy Citation

Regulation .07 Sport Fisheries Advisory Commission.LinkCopy Citation

Chapter 02. Wildlands in Maryland

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 State Wildlands System.LinkCopy Citation

Regulation .03 Permitted Activities — State Wildlands Preservation System.LinkCopy Citation

Regulation .04 Permitted Activities — Select Units of the State Wildlands Preservation System.LinkCopy Citation

Regulation .05 Prohibited Activities — State Wildlands Preservation System.LinkCopy Citation

Regulation .06 Restricted and Conditional Activities — State Wildlands Preservation System.LinkCopy Citation

Chapter 03. Off-Road Vehicles

Regulation .01 Application.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Registration and Licensing Requirements for Operating ORVs on Designated Areas.LinkCopy Citation

Regulation .04 Disposition of Proceeds.LinkCopy Citation

Regulation .05 ORV Standards.LinkCopy Citation

Regulation .06 Operating Requirements for ORVs on Department Lands.LinkCopy Citation

Regulation .07 Reporting Accidents.LinkCopy Citation

Regulation .08 Noise Level Limits and Enforcement Schedules.LinkCopy Citation

Regulation .09 Violations.LinkCopy Citation

Regulation .10 ORV Trail Designation Procedure.LinkCopy Citation

Regulation .11 Designated Trails.LinkCopy Citation

Regulation .12 Official Maps.LinkCopy Citation

Chapter 04. Procedures for Contested Case Hearings

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Delegation.LinkCopy Citation

Regulation .04 Notice of Agency Action.LinkCopy Citation

Regulation .05 Revocation of Delegation.LinkCopy Citation

Regulation .06 Proposed Decision.LinkCopy Citation

Regulation .07 Exceptions — Requests for Oral Argument.LinkCopy Citation

Regulation .08 Final Decision.LinkCopy Citation

Regulation .09 Reconsideration and Revision.LinkCopy Citation

Regulation .10 Petition for Judicial Review.LinkCopy Citation

Chapter 05. Criteria for Certain Activities on Private Property

Regulation .01 Posting Against Trespassing.LinkCopy Citation

Chapter 06. Public Information Act Requests

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Request for Public Record.LinkCopy Citation

Regulation .04 Contents of Request.LinkCopy Citation

Regulation .05 Filing Request.LinkCopy Citation

Regulation .06 Response to Request.LinkCopy Citation

Regulation .07 Public Records Temporarily Unavailable.LinkCopy Citation

Regulation .08 Public Records Destroyed or Lost.LinkCopy Citation

Regulation .09 Review of Denial.LinkCopy Citation

Regulation .10 Disclosure Against Public Interest.LinkCopy Citation

Regulation .11 Fees.LinkCopy Citation

Regulation .12 Waiver or Reduction of Fees.LinkCopy Citation

Chapter 07. Chesapeake Forest Lands

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Chesapeake Forest Lands.LinkCopy Citation

Regulation .03 Management and Use.LinkCopy Citation

Regulation .04 Hunting.LinkCopy Citation

Regulation .05 Closing Against Entry.LinkCopy Citation

Regulation .06 Fires.LinkCopy Citation

Regulation .07 Camping.LinkCopy Citation

Regulation .08 Refuse and Rubbish.LinkCopy Citation

Regulation .09 Plants, Rocks, Minerals, and Animals.LinkCopy Citation

Regulation .10 Vehicles.LinkCopy Citation

Regulation .11 Advertising.LinkCopy Citation

Regulation .12 Encroachment.LinkCopy Citation

Regulation .13 Pets.LinkCopy Citation

Regulation .14 Weapons.LinkCopy Citation

Regulation .15 Damage to Public Property.LinkCopy Citation

Regulation .16 Disorderly Conduct.LinkCopy Citation

Chapter 08. Form and Procedure for Petitions for Declaratory Rulings

Regulation .01 Petitions for Declaratory Rulings.LinkCopy Citation

Chapter 09. Land Acquisition and Transfer

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Appraisals.LinkCopy Citation

Chapter 11. Coast Smart Council

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .01 Coastal and Watershed Resources Advisory Committee.Link Copy Citation

Regulation .02 Maryland Boat Act Advisory Committee.Link Copy Citation

Regulation .03 Forest and Park Advisory Commission.Link Copy Citation

Regulation .04 Repealed.Link Copy Citation

Regulation .05 Wildlife Advisory Commission.Link Copy Citation

Regulation .06 Tidal Fisheries Advisory Commission.Link Copy Citation

Regulation .07 Sport Fisheries Advisory Commission.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 State Wildlands System.Link Copy Citation

Regulation .03 Permitted Activities — State Wildlands Preservation System.Link Copy Citation

Regulation .04 Permitted Activities — Select Units of the State Wildlands Preservation System.Link Copy Citation

Regulation .05 Prohibited Activities — State Wildlands Preservation System.Link Copy Citation

Regulation .06 Restricted and Conditional Activities — State Wildlands Preservation System.Link Copy Citation

Regulation .01 Application.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Registration and Licensing Requirements for Operating ORVs on Designated Areas.Link Copy Citation

Regulation .04 Disposition of Proceeds.Link Copy Citation

Regulation .05 ORV Standards.Link Copy Citation

Regulation .06 Operating Requirements for ORVs on Department Lands.Link Copy Citation

Regulation .07 Reporting Accidents.Link Copy Citation

Regulation .08 Noise Level Limits and Enforcement Schedules.Link Copy Citation

Regulation .09 Violations.Link Copy Citation

Regulation .10 ORV Trail Designation Procedure.Link Copy Citation

Regulation .11 Designated Trails.Link Copy Citation

Regulation .12 Official Maps.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Delegation.Link Copy Citation

Regulation .04 Notice of Agency Action.Link Copy Citation

Regulation .05 Revocation of Delegation.Link Copy Citation

Regulation .06 Proposed Decision.Link Copy Citation

Regulation .07 Exceptions — Requests for Oral Argument.Link Copy Citation

Regulation .08 Final Decision.Link Copy Citation

Regulation .09 Reconsideration and Revision.Link Copy Citation

Regulation .10 Petition for Judicial Review.Link Copy Citation

Regulation .01 Posting Against Trespassing.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Request for Public Record.Link Copy Citation

Regulation .04 Contents of Request.Link Copy Citation

Regulation .05 Filing Request.Link Copy Citation

Regulation .06 Response to Request.Link Copy Citation

Regulation .07 Public Records Temporarily Unavailable.Link Copy Citation

Regulation .08 Public Records Destroyed or Lost.Link Copy Citation

Regulation .09 Review of Denial.Link Copy Citation

Regulation .10 Disclosure Against Public Interest.Link Copy Citation

Regulation .11 Fees.Link Copy Citation

Regulation .12 Waiver or Reduction of Fees.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Chesapeake Forest Lands.Link Copy Citation

Regulation .03 Management and Use.Link Copy Citation

Regulation .04 Hunting.Link Copy Citation

Regulation .05 Closing Against Entry.Link Copy Citation

Regulation .06 Fires.Link Copy Citation

Regulation .07 Camping.Link Copy Citation

Regulation .08 Refuse and Rubbish.Link Copy Citation

Regulation .09 Plants, Rocks, Minerals, and Animals.Link Copy Citation

Regulation .10 Vehicles.Link Copy Citation

Regulation .11 Advertising.Link Copy Citation

Regulation .12 Encroachment.Link Copy Citation

Regulation .13 Pets.Link Copy Citation

Regulation .14 Weapons.Link Copy Citation

Regulation .15 Damage to Public Property.Link Copy Citation

Regulation .16 Disorderly Conduct.Link Copy Citation

Regulation .01 Petitions for Declaratory Rulings.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Appraisals.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Applicability.Link Copy Citation

Regulation .04 Coast Smart Construction Program.Link Copy Citation

Regulation .05 Categorical Exemptions.Link Copy Citation

Regulation .06 Waivers.Link Copy Citation

Regulation .07 Reporting.Link Copy Citation

Regulation .01 Applicability.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Usage.Link Copy Citation

Regulation .04 Notice.Link Copy Citation

Regulation .05 Conduct.Link Copy Citation

Regulation .06 Violations.Link Copy Citation