# COMAR Title 08 — Department of Natural Resources ## Subtitle 01 — Office of the Secretary ### Chapter 02 — Wildlands in Maryland **Authority:** Natural Resources Article, §§5-209, 5-1201, 5-1203, and 5-1213, Annotated Code of Maryland **Administrative History:** Effective date: July 1, 1972 **Administrative History:** Regulations .01 and .02 repealed and new Regulations .01—.05 adopted effective September 11, 1995 (22:18 Md. R. 1398) **Administrative History:** Chapter revised effective April 20, 1998 (25:8 Md. R. 596) **Administrative History:** Regulation .02B, D amended effective March 2, 2015 (42:4 Md. R. 432) **Administrative History:** Regulation .04 amended effective March 2, 2015 (42:4 Md. R. 432) **Administrative History:** Regulation .05A amended effective March 2, 2015 (42:4 Md. R. 432) **Administrative History:** Regulation .06A amended effective March 2, 2015 (42:4 Md. R. 432) #### Regulation .01 Definitions. *COMAR 08.01.02.01* A. In this chapter, the following terms have the meanings indicated. B. 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. *COMAR 08.01.02.02* A. 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. B. 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. C. 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. D. 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. *COMAR 08.01.02.03* A. The uses and activities in §§B—I of this regulation are permitted on all State wildlands. B. Hunting, Fishing and Trapping. A person may hunt, fish, or trap within a wildland provided it is otherwise permitted under State laws and regulations. C. 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. D. 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. E. 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. F. Leasing of Subsurface Mineral Rights. Unless otherwise prohibited by State law or regulation, leasing of subsurface mineral rights is permitted. G. 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. H. 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. I. 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. *COMAR 08.01.02.04* A. The uses and activities in §§B—N of this regulation are permitted only in the wildlands specified. B. 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. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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. K. 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. L. 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. M. 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. N. 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. *COMAR 08.01.02.05* A. 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. B. 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. C. 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. D. Transplanting Nonnative Wildlife. A person may not introduce nonnative wildlife to a wildland. E. 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. F. 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. G. Prospecting for water resources unless authorized by the Governor is prohibited. #### Regulation .06 Restricted and Conditional Activities — State Wildlands Preservation System. *COMAR 08.01.02.06* A. 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. B. 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. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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.