# COMAR Title 08 — Department of Natural Resources

## Subtitle 15 — Youghiogheny Wild River

### Chapter 01 — General Regulations

**Authority:** Natural Resources Article, §8-409, Annotated Code of Maryland

**Administrative History:** Effective date: May 26, 1976 (3:11 Md. R. 588)

**Administrative History:** Regulation .01U amended effective February 26, 1979 (6:4 Md. R. 276)

**Administrative History:** Regulations .01, .03B, and .04B amended effective February 3, 1992 (19:2 Md. R. 153)

**Administrative History:** Regulation .05 was originally codified as COMAR 08.15.04

**Administrative History:** Regulation .06 adopted effective February 3, 1992 (19:2 Md. R. 153)

**Administrative History:** Annotation: Appendix “A” is a topographical map of the Youghiogheny River and adjoining lands showing the scenic corridor and zones.

**Administrative History:** Appendix “A” amended effective February 26, 1979 (6:4 Md. R. 276)

**Administrative History:** Appendix “A” repealed effective February 3, 1992 (19:2 Md. R. 153)

**Administrative History:** Chapter revised effective September 20, 1999 (26:19 Md. R. 1447)

#### Regulation .01 Purpose.

*COMAR 08.15.01.01*

A. The purpose of these regulations is to implement the intent of the Scenic and Wild Rivers Act for that portion of the Youghiogheny River which has been designated a wild river. These regulations are designed to regulate present and future use and development of the wild river and adjacent land areas to protect their primitive qualities and characteristics, to protect the water quality of the Youghiogheny River, and to fulfill vital conservation purposes by wise use of the resources within the scenic corridor of the Youghiogheny River. For this purpose, a scenic corridor and attendant zones are defined, within which only certain enumerated appropriate uses and developments consistent with wild river designation are permitted.

B. These regulations do not open any private lands located within the scenic corridor for use or access by the public without the consent of the landowner. Designation of the scenic corridor and its attendant zones serves only to establish definable areas within which certain types of development and use shall be controlled to maintain the river for its wild and scenic values in accordance with the Scenic and Wild Rivers Act, Natural Resources Article, §8-409, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 08.15.01.02*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Accessory building” means a subordinate building, customarily or intended to be incidental to, and located on, the same lot occupied by a principal building and includes any privately owned garage, barn, greenhouse, or other outbuilding.

  (2) Activity.

    (a) “Activity” means any human endeavor which takes place on land or water not in association with a building or structure.

    (b) “Activity” includes hunting, hiking, fishing, and other recreational endeavors.

  (3) “Agriculture” means:

    (a) Cultivation of the soil;

    (b) Raising and harvesting of products of the soil, including forest products;

    (c) Customary soil and water conservation practices; and

    (d) Raising and keeping of livestock and poultry.

  (4) “Building” means the combination of materials having a roof to form a structure for the shelter of individuals, animals, or property, including any part of it.

  (5) “Building height” means the vertical measurement from the mean level of the ground abutting the building to the highest point of the building.

  (6) “Commercial activity” means any activity undertaken for consideration whether or not a profit is made.

  (7) “Department” means the Maryland Department of Natural Resources.

  (8) “Development” means any physical structure, appurtenance, other addition, modification, or alteration constructed, placed, or made on or to land or water.

  (9) “Guide service” means an activity which involves a person (the guide) leading or accompanying another person (the client) onto land or water for the purpose of showing the client where or how to undertake the activity such as, but not limited to, hunting, fishing, white water rafting, and nature appreciation.

  (10) “Home professional office and home occupation” means an office or business conducted in a dwelling or in accessory buildings, or in both, the activity being clearly incidental and secondary to the use of the premises for residential purposes and that primarily involves the employment of one or more residents of the dwelling.

  (11) “Hunting and fishing preserves or private camps” includes camps with dormitory-type facilities that are centrally located but does not include camping facilities catering to vacation trailers, campers, similar vehicles, or individual campsites for rent or sale.

  (12) “Land” means the solid part of the earth's surface including the natural vegetation on it.

  (13) “Logging” means the cutting or harvesting of trees for the purpose of sale or commercial use of the resulting forest products.

  (14) “Lot” means a parcel or plot of land used or set aside and available for use as the site for one or more buildings and buildings accessory to the principal building or for any other purpose, in one ownership.

  (15) “Lot area” means the area contained within the property lines of a lot as indicated on the county land records, including the area within all easements, but excluding the area within all street rights-of-way.

  (16) “Lot width” means the width of a lot between side lot lines, measured along the building setback line.

  (17) “Natural vegetation” means all trees, shrubs, and other vegetation indigenous to the area with the exception of dead, diseased, insect infested, unsafe or fallen trees, and noxious weeds and shrubs.

  (18) “Non-permitted activity, use, or development” means any use or development not permitted under these regulations.

  (19) “On-premises sign” means a sign which directs attention to a person, business, profession, home occupation, or activity conducted on the same lot.

  (20) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, 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 legal entity.

  (21) “Road” means any access-way normally passable by four-wheeled vehicles.

  (22) “Scenic corridor” means the river's bottom and the water within the wild river, and the adjacent land areas which are visible from the wild river or its contiguous shores as graphically shown in Regulation .06 of this chapter.

  (23) “Setback” means the distance from the near water's edge.

  (24) Sign.

    (a) “Sign” means any permanent or temporary structure or part of one, or any device attached, painted, or represented directly or indirectly on a structure or other surface that displays or includes any letter, word, advertisement, announcement, visual communication, or direction, or is designed to attract the eye, or bring the subject to the attention of the public.

    (b) “Sign” does not include:

      (i) The flag or insignia of the United States, of any state, or governmental unit;

      (ii) A charitable or religious organization's flag;

      (iii) Interior signs not visible from the wild river, from a public right-of-way, or from adjoining property; or

      (iv) Cornerstones built into or attached to a wall or a building.

  (25) “Single-family detached dwelling” means a building commonly known as a single-family house, designed for and occupied exclusively as a residence, having one dwelling unit from ground to roof and open space on all sides. If a private garage is structurally attached to the dwelling, it shall be considered a part of the dwelling.

  (26) Structure.

    (a) “Structure” means a combination of materials placed, assembled, constructed, or erected at a fixed location for occupancy or use.

    (b) “Structure” includes but is not limited to:

      (i) Buildings;

      (ii) Radio and television transmitting and receiving towers and antenna; and

      (iii) Devices used for electric power production and transmission.

  (27) “Trail” means any access-way intended for travel primarily by foot or bicycle.

  (28) “Use” means any occupation, business, or operation whether commercial or not carried on, or intended to be carried on, in a building or other structure or on a lot or tract of land in association with a building or other structure.

  (29) “Water's edge” means the mean high waterline of the near shore of the wild river.

  (30) Wild River.

    (a) “Wild river” means that segment of the Youghiogheny River between Miller's Run and the southern corporate limits of Friendsville as designated in the Scenic and Wild Rivers Act, Natural Resources Article, §8-408(a), Annotated Code of Maryland.

    (b) “Wild river” includes the water and the river bottom.

#### Regulation .03 River Designation.

*COMAR 08.15.01.03*

A. In accordance with the Scenic and Wild Rivers Act, Natural Resources Article, §8-408(a), Annotated Code of Maryland, the wild river is that segment of the Youghiogheny River between Miller's Run and the southern corporate limits of Friendsville.

B. The scenic corridor of the wild river includes the wild river and its bottom and those adjacent land areas which are visible from the river or its contiguous shores as graphically shown in Regulation .06 of this chapter.

#### Regulation .04 Zones.

*COMAR 08.15.01.04*

A. For the purposes of this subtitle, three types of zones are established within the scenic corridor as follows:

  (1) Zone 1 includes:

    (a) Those areas within the scenic corridor of maximum remoteness and ruggedness which are generally inaccessible by road or trail and where shoreline and adjoining lands of the wild river are essentially primitive in character, and

    (b) The wild river and its bottom;

  (2) Zone 2 includes those areas within the scenic corridor which are accessible in places by roads and trails but where shorelines and adjoining lands are less primitive than Zone 1 but are largely undeveloped; and

  (3) Zone 3 includes those areas within the scenic corridor that are readily accessible by road and where the shorelines and adjoining lands have limited development.

B. Zones 1, 2, and 3 are graphically shown in Regulation .06B—M of this chapter.

#### Regulation .05 Penalties.

*COMAR 08.15.01.05*

A person who violates any provision of this subtitle is subject to the penalties and fines of Natural Resources Article, §8-2001, Annotated Code of Maryland.

#### Regulation .06 Maps.

*COMAR 08.15.01.06*

A. Project Boundary Map.

B. Map 1.

C. Map 2.

D. Map 3.

E. Map 4.

F. Map 5.

G. Map 5A.

H. Map 6.

I. Map 7.

J. Map 7A.

K. Map 8.

L. Map 9.

M. Map 10.

### Chapter 02 — Permitted Use and Development

**Authority:** Natural Resources Article, §8-409, Annotated Code of Maryland

**Administrative History:** Effective date: May 26, 1976 (3:11 Md. R. 588)

**Administrative History:** Regulation .02H amended effective February 26, 1979 (6:4 Md. R. 276)

**Administrative History:** Regulation .03C—E adopted effective February 3, 1992 (19:2 Md. R. 153)

**Administrative History:** Chapter revised effective September 20, 1999 (26:19 Md. R. 1447)

#### Regulation .01 Activity, Use, and Development Regulations.

*COMAR 08.15.02.01*

A. Unless otherwise provided by law or in this subtitle, land, buildings, or structures located or to be located within the scenic corridor may not be used or developed except as permitted by this subtitle in the zone within which the land, building, or structure is located.

B. Unless otherwise provided by law or in this subtitle, commercial activity may not take place on land or water within the scenic corridor except as permitted by this subtitle.

C. In addition to any criminal penalties provided in Natural Resources Article, §8-2001, Annotated Code of Maryland, failure to comply with the terms and conditions of any permit issued pursuant to this subtitle may result in the revocation of the permit or refusal to renew or reissue a subsequent permit.

D. A person applying for a use or activity permit may be denied a permit if the applicant has been convicted of violation of a law or regulation implemented or enforced by the Department within the 3 years before submission of the application.

E. A person who has been issued a use or activity permit pursuant to this subtitle who is convicted of a violation of a law or regulation implemented or enforced by the Department is subject to revocation of the permit.

#### Regulation .02 Approval for Use and Development.

*COMAR 08.15.02.02*

A. Unless otherwise exempted under §E of this regulation, before any person begins or modifies any use or development permitted by these regulations, the person shall first submit a completed application for a use or development permit to the Department and obtain its approval.

B. The application shall:

  (1) Be on a form provided by the Department; and

  (2) Include a map showing the area of the scenic corridor directly affected by the proposed use or development.

C. The person requesting approval for the proposed use or development shall submit any additional information the Department considers necessary to insure an adequate evaluation of the application.

D. The Department shall deny the use or development permit or issue it with or without conditions and restrictions after consideration of:

  (1) Impacts the proposed use or development will have on the aquatic resources of the wild river;

  (2) Impacts the proposed use or development will have on the riverine resources of the wild river;

  (3) Concerns of the private landowners in the scenic corridor who may be affected by the proposed use or development;

  (4) Any effect the proposed use or development may have on the wild character of the wild river and the scenic corridor; and

  (5) Any effect the proposed use or development may have on visitor experience on the wild river or within the scenic corridor.

E. An application need not be submitted, and approval is not required, for:

  (1) Placement of signs pursuant to Regulation .14 of this chapter;

  (2) Operation of a home professional office and home occupation pursuant to Regulation .04E of this chapter;

  (3) Change of interior color and interior configuration of structures;

  (4) Routine maintenance (such as painting) of structures that does not increase the visibility of the structure from the river; or

  (5) Minor changes in road alignment or other routine road maintenance activity that does not increase the visibility of the road from the river.

#### Regulation .03 Approval for Activities.

*COMAR 08.15.02.03*

A. Unless otherwise exempted, before beginning any commercial activity permitted by this subtitle, a person shall first submit an application for an activity permit to the Department and obtain its approval.

B. The application shall:

  (1) Be on a form provided by the Department; and

  (2) Include a map showing the area of the scenic corridor directly affected by the proposed activity.

C. The person requesting approval for the proposed activity shall submit any additional information the Department considers necessary to insure an adequate evaluation of the application.

D. The Department shall deny the activity permit or issue it with or without conditions and restrictions after consideration of:

  (1) Impacts the proposed activity will have on the aquatic resources of the wild river;

  (2) Impacts the proposed activity will have on the riverine resources of the wild river;

  (3) Concerns of the private landowners in the scenic corridor who may be affected by the proposed activity;

  (4) Any effect the proposed activity may have on the wild character of the wild river and the scenic corridor; and

  (5) Any effect the proposed activity may have on visitor experience on the wild river or within the scenic corridor.

#### Regulation .04 Residential.

*COMAR 08.15.02.04*

A. Zone 1: Single-family detached dwellings are permitted provided that each has a minimum lot area of 10 acres with a lot width of at least 600 feet. Single-family detached dwellings shall have a minimum setback of 300 feet and a building height not exceeding 30 feet and shall be designed to be subdued in appearance and unobtrusive in color to harmonize with the surrounding environment. Clearing of natural vegetation shall be limited to that necessary for construction of the dwelling unit.

B. Zone 2: The restrictions of Zone 1 apply except that minimum lot area shall be 5 acres and minimum lot width shall be 400 feet.

C. Zone 3: The restrictions of Zone 1 apply, except that minimum lot area shall be 2 acres, minimum lot width shall be 200 feet, and all buildings shall have a minimum setback of 200 feet.

D. Accessory buildings are permitted in the three zones in §§A—C of this regulation in accordance with the provisions of this regulation.

E. A home professional office and a home occupation may be conducted in any residential dwelling.

#### Regulation .05 Logging.

*COMAR 08.15.02.05*

A. Logging operations may be conducted in the scenic corridor if approval is obtained from the Department by the owner of the land, a lessee, or authorized agent. A request for approval may be made by submitting a harvesting plan to the Department. The harvest plan shall be on a form provided by the Department and shall contain all the information needed for the Department to evaluate the proposal using the criteria specified in §D of this regulation.

B. The Department shall forward a copy of the plan to the Garrett County Forest Conservancy District Board. Upon reviewing the prepared plan, the Board shall make recommendations to the Department.

C. The Department shall approve, approve conditionally, or deny the request to conduct a logging operation within the scenic corridor.

D. The Department, in evaluating a request for a logging operation, shall take into account:

  (1) The effect of the proposed harvesting plan on the scenic and wild character of the river;

  (2) Whether or not the proposed harvesting plan allows sufficient natural vegetation on or near the shoreline to remain undisturbed so as to screen the logged area from the river and its contiguous shore;

  (3) The effect the logging operation may have on the fish, aquatic, and riverine resources by altering the temperature of the water, causing siltation or pesticide or fertilizer contamination, or any other deleterious effect; and

  (4) The use of best management practices taking into account the slope of the land to be logged and the basal area of the trees.

#### Regulation .06 Agriculture.

*COMAR 08.15.02.06*

A. Normal agricultural uses are permitted in accordance with sound conservation practices and the provisions of these regulations. Agricultural buildings shall have the minimum setback required for residential buildings.

B. The Department, in evaluating a plan for the clearing of land for agricultural purposes, shall take into account the effects of the proposed clearing on the scenic and wild character of the river, and shall ensure that natural vegetation on or near the shoreline remains undisturbed so as to screen the cleared area from the river and its contiguous shore.

#### Regulation .07 Mining.

*COMAR 08.15.02.07*

A. In accordance with the Scenic and Wild Rivers Act, Natural Resources Article, §8-408(b), Annotated Code of Maryland, mining of any minerals by the strip or open pit method is prohibited in the scenic corridor. This provision does not apply to areas within the scenic corridor which previously have been mined and have not been naturally or artificially reclaimed. Mining in these areas is governed by Environment Article, Title 15, Annotated Code of Maryland, and any regulations promulgated to implement Title 15 relating to strip mining.

B. Other forms of mineral extraction such as deep mining and oil and gas wells are permitted if they do not involve surface disturbance within the scenic corridor.

#### Regulation .08 Commercial Guiding.

*COMAR 08.15.02.08*

A. A person engaged in commercial guiding within the Youghiogheny Wild River Corridor shall first obtain an activity permit pursuant to Regulation .03 of this chapter.

B. A person engaged in commercial guiding on lands which are within the Youghiogheny Wild River Natural Environment Area shall first obtain a permit from the park manager pursuant to COMAR 08.07.06.09.

C. Commercial fishing guides shall first obtain any other licenses or permits which may be required by the United States Coast Guard or the Department.

#### Regulation .09 Commercial Activities, Use, and Development.

*COMAR 08.15.02.09*

A. Commercial activities, use, and development are prohibited in Zones 1, 2, and 3 as specified in Regulations .05—.07 of this chapter, except for the following:

  (1) Guided rafting;

  (2) Fishing;

  (3) Hunting;

  (4) Nature appreciation;

  (5) Logging;

  (6) Agriculture; and

  (7) Mining.

B. Zone 3 is restricted to professional offices and retail businesses intended primarily for community convenience shopping and restaurants. Buildings shall:

  (1) Be limited to a maximum of 2,000 square feet of floor space and a 30-foot building height; and

  (2) Have a minimum setback of 200 feet.

#### Regulation .10 Industrial.

*COMAR 08.15.02.10*

The commercial production, management, and sale of any goods or services is prohibited.

#### Regulation .11 Stream Alterations.

*COMAR 08.15.02.11*

Damming, dredging, filling, channelization, or other alteration of the river or its banks is prohibited except that involving the repair of existing bridges.

#### Regulation .12 Alteration of Natural Vegetation.

*COMAR 08.15.02.12*

A. Any clearing of natural vegetation other than for logging is limited to that necessary for uses and developments permitted by these regulations.

B. The Department, in evaluating a plan for the clearing of natural vegetation, shall:

  (1) Take into account the effects of the proposed clearing on the scenic and wild character of the river;

  (2) Insure that natural vegetation on or near the shoreline remains undisturbed to screen the cleared area from the river and its contiguous shore; and

  (3) Consider the effect the clearing operations may have on the fish, aquatic, and riverine resources by:

    (a) Altering the temperature of the water;

    (b) Causing siltation;

    (c) Pesticide or fertilizer contamination; or

    (d) Any other deleterious effect.

#### Regulation .13 Roads.

*COMAR 08.15.02.13*

Roads are not permitted except those necessary to reach developments permitted in these regulations. Setback lines established elsewhere in these regulations may not be crossed except where topographic conditions prevent any other access.

#### Regulation .14 Signs.

*COMAR 08.15.02.14*

A. Zone 1.

  (1) Signs related to any permitted use may not exceed 1 square foot in area except for official State and local government signs needed for identification and direction.

  (2) Signs advertising property for sale or rental may be placed only on the property offered.

  (3) Public interest events may be advertised with signs not exceeding 6 square feet in area on the property where the event will occur and a display is limited to a 30-day period before the event and shall be removed immediately after the event.

  (4) Directional signs not exceeding 1 square foot in area may be used.

  (5) Illumination of signs by lights or flashing devices is not permitted.

B. Zone 2: The restrictions of Zone 1 apply.

C. Zone 3. The restrictions of Zone 1 apply except that commercial on-premises signs are permitted and are limited to two signs per establishment, each of which may not exceed 15 square feet in area.

#### Regulation .15 Recreation.

*COMAR 08.15.02.15*

A. Private or membership hunting and fishing lodges not operated commercially or conducted primarily as a business enterprise are permitted if they are located on lots of 100-acre minimum-lot area. Buildings are restricted to a:

  (1) Maximum of 5,000 square feet of floor space;

  (2) Maximum building height of 30 feet; and

  (3) Minimum setback of 1,000 feet from the river's edge.

B. Hunting and fishing preserves and private camps operated as a commercial enterprise are permitted provided they are located on lots of 175-acre minimum-lot area. Buildings are restricted by the standards set forth in §A of this regulation.

#### Regulation .16 Public Lands.

*COMAR 08.15.02.16*

These regulations also apply to public land located within the scenic corridor.

### Chapter 03 — Exemption

**Authority:** Natural Resources Article, §§1-104 and 8-409; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: May 26, 1976 (3:11 Md. R. 588)

**Administrative History:** Regulation .01A amended effective September 20, 1999 (26:19 Md. R. 1447)

**Administrative History:** Regulation .02A amended effective February 26, 1979 (6:4 Md. R. 276)

**Administrative History:** Regulation .03A amended effective September 20, 1999 (26:19 Md. R. 1447)

**Administrative History:** Regulation .03C adopted effective April 5, 2010 (37:7 Md. R. 569)

#### Regulation .01 Continuation of Existing Uses.

*COMAR 08.15.03.01*

A. The otherwise lawful use of any structure or land existing as of May 27, 1976, may be continued. However, a modification of an existing use or development is subject to the provisions of COMAR 08.15.02 unless the modification is exempted under COMAR 08.15.02.02.

B. If a non-permitted use or development is discontinued for 1 year, it may not be reestablished thereafter and any future use or development shall be in accordance with these regulations.

#### Regulation .02 Restoration.

*COMAR 08.15.03.02*

If a non-permitted use or development is damaged by fire or other natural cause, it may be reconstructed or repaired and used for the same use and development if:

A. The reconstructed structure complies with the height and area requirements set forth in these regulations, and does not reduce the setback of the damaged structure; and

B. Reconstruction commences within 1 year from the date of damage and is carried on without interruption until its completion.

#### Regulation .03 Exceptions.

*COMAR 08.15.03.03*

A. A person may apply to the Department for an exception to this subtitle. The burden will be on the applicant to demonstrate satisfactorily that:

  (1) The exception is consistent with the legislative intent of the Scenic and Wild Rivers Act and is not injurious to the scenic and wild character of the river; and

  (2) Special circumstances as fully described by the applicant affect the land or its structure so that strict application of these regulations, in the case of the applicant only, would cause unnecessary hardship or deprive him of all reasonable use of his property. Land acquired within the scenic corridor before May 27, 1976, which does not meet the development and use specifications of these regulations, such as minimum set-back and lot-size requirements, shall be deemed a special circumstance under this section.

B. The Department shall respond to the request within 60 days of receipt by either granting, conditionally granting, or denying the request. The Department shall hold a public hearing in Garrett County on the application before rendering its final decision. Notice of public hearing shall be published in two newspapers, one of general circulation in Garrett County and one of general circulation in the State.

C. The application procedure for an exception under this regulation is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

### Chapter 04 — Commercial Whitewater Boating Safety

**Authority:** Natural Resources Article, §§8-402(b), 8-409(b)(1)(ii), 8-409(b)(3), and 5-209(a), Annotated Code of Maryland

**Administrative History:** Effective date: April 3, 1989 (16:6 Md. R. 727)

**Administrative History:** Regulation .03F adopted as an emergency provision effective April 6, 1989 (16:8 Md. R. 904) (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulations .02—.06 amended as an emergency provision effective March 9, 1990 (17:7 Md. R. 843); adopted permanently effective  June 25, 1990 (17:12 Md. R. 1493)

**Administrative History:** Regulations .02—.06 amended effective April 29, 1991 (18:8 Md. R. 864)

**Administrative History:** Regulation .03A amended effective November 8, 1993 (20:22 Md. R. 1707)

**Administrative History:** Regulation .04A, C amended effective November 8, 1993 (20:22 Md. R. 1707)

**Administrative History:** Regulation .05A, B amended effective November 8, 1993 (20:22 Md. R. 1707)

**Administrative History:** Regulation .06B amended effective June 7, 2004 (31:11 Md. R. 856)

**Administrative History:** Regulation .07 amended effective November 8, 1993 (20:22 Md. R. 1707)

#### Regulation .01 Purpose.

*COMAR 08.15.04.01*

A. The purpose of these regulations is to regulate use and development in the scenic corridor where the use and development would affect the primitive qualities and characteristics of the wild river segment of the Youghiogheny River.

B. The Secretary of the Department of Natural Resources and the Maryland General Assembly are aware that recreational use of the Youghiogheny River has increased considerably in the last several years and that commercial whitewater outfitters are relied upon to provide safe and enjoyable trips on the Youghiogheny. It is in the interest of the State to regulate commercial whitewater rafting pursuant to the State's authority to protect the health, safety, and welfare of its citizens, and to protect its natural resources.

#### Regulation .02 Definitions.

*COMAR 08.15.04.02*

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

B. Terms Defined.

  (1) “Canoe” means a vessel paddled from a kneeling position and propelled with a single-bladed paddle.

  (2) “Commercial whitewater outfitter” means any outfitter operating from within or from without the State, which for monetary profit or gain provides whitewater trips or rents whitewater craft or equipment for use in whitewater trips and which meets the requirements of Regulation .03B of this chapter. Nothing in this chapter applies to the operation of canoes or kayaks.

  (3) “Commercial whitewater trip” means any commercial effort to transport passengers by means of a whitewater craft.

  (4) “Department” means the Department of Natural Resources.

  (5) “Kayak” means a vessel paddled from a seated position with a double-bladed paddle.

  (6) “Sufficient navigable flow” means:

    (a) A natural flow reading of either 1.90 feet or greater as shown on the river level gauge at Sang Run bridge or 3.25 feet or greater as recorded on the United States Geological Survey river level gauge at Friendsville, Maryland; or

    (b) Three hours or greater release from Deep Creek hydroelectric dam.

  (7) “Visual distress signal” means an electronic battery-operated device which emits a white flashing light that is visible for at least 200 feet.

  (8) Whitewater Craft.

    (a) “Whitewater craft” means any raft or similar vessel which is used to transport passengers and which meets the requirements of Regulation .06A of this chapter.

    (b) “Whitewater craft” does not include canoes or kayaks.

  (9) “Whitewater guide” means a person who receives any remuneration for accompanying, assisting, or instructing passengers on the river on whitewater trips and who meets the registration requirements of Regulation .05 of this chapter.

  (10) “Youghiogheny scenic corridor” means the area designated under COMAR 08.15.01.03B.

  (11) “Youghiogheny Wild River” means that segment of the Youghiogheny River between Millers Run and the southern corporate limits of Friendsville.

#### Regulation .03 Commercial Whitewater Outfitter's Annual Operating Permit.

*COMAR 08.15.04.03*

A. A commercial whitewater outfitter may not conduct commercial whitewater trips on the Youghiogheny Wild River unless the outfitter obtains an annual commercial whitewater outfitter's annual operating permit from the Department through the Youghiogheny River Manager, Youghiogheny Wild River Management Area, Rt. 2, Box 69-C, Swanton, Md. 21561.

B. To qualify for a commercial whitewater outfitter's annual operating permit an outfitter shall present evidence that it holds a valid insurance policy of $300,000 combined coverage for the period to be covered by the permit, and that the policy is issued by an insurance company licensed to do business in Maryland.

C. A commercial whitewater outfitter shall display the commercial outfitter's name or logo in characters legible from the shore on both sides of any whitewater craft used to carry passengers on commercial whitewater trips on the Youghiogheny Wild River.

D. When a permitted commercial whitewater outfitter's business is sold, the permit shall be returned to the Department. A permit is not transferrable without Department approval.

E. The Department may suspend, revoke, or refuse to issue a permit for a violation of any condition of the permit, unsafe practices, falsification of reports, or serious or continued violation of this chapter.

F. The Department shall issue annual operating permits only to those commercial whitewater outfitters that have operated commercial trips on the river before March 1, 1990 and have submitted documentation of operating commercial trips acceptable to, and confirmed by, the Department. By January 1 of each year, the Department shall allocate trips and whitewater craft per day among the outfitters subject to these regulations.

#### Regulation .04 Commercial Whitewater Outfitter's Operational Requirements.

*COMAR 08.15.04.04*

A. The total number of whitewater craft permitted to be transported between Sang Run and Friendsville per day by all outfitters may not exceed 33, except that the Youghiogheny Wild River manager has the authority to increase the total number of whitewater craft to 51 during periods of sufficient navigable flow.

B. A commercial whitewater outfitter shall inform each customer verbally and in writing that:

  (1) The Youghiogheny has been designated as a Class V River which is defined as having extremely difficult, long, and very violent rapids with highly congested routes;

  (2) Rescue conditions are difficult;

  (3) There is a significant hazard to life in the event of a mishap; and

  (4) The customer should have previous whitewater experience before participating in a commercial whitewater trip on the Youghiogheny Wild River.

C. If a commercial whitewater outfitter provides changing and restroom facilities, these facilities shall conform to the Youghiogheny Wild River land use regulations as provided in COMAR 08.15.01.

D. Launch sites and rest stop areas located on private property shall be used by a commercial whitewater outfitter only with the written consent of the landowner.

E. A commercial whitewater outfitter shall:

  (1) Keep a record of all commercial whitewater trips that include the customers' names and addresses, guides and trip leaders, dates and times of the trips, and prices charged for a period of 5 years. These records shall be made available to the Department upon request within 14 calendar days. Records obtained by the Department may not be subject to disclosure.

  (2) Provide at least one commercial whitewater guide registered under Regulation .05 of this chapter in each whitewater craft for every three passengers, and designate one commercial whitewater guide registered under Regulation .05 of this chapter who shall accompany each trip in a safety kayak or canoe.

  (3) Avoid causing or avoid its customers causing environmental damage within the Youghiogheny scenic corridor. An outfitter may be required to remedy environmental damage resulting from its operation.

  (4) Not knowingly employ a guide or group leader who is unqualified.

  (5) Designate one commercial whitewater guide as a trip leader.

#### Regulation .05 Whitewater Guide.

*COMAR 08.15.04.05*

A. Whitewater guides shall be registered annually by the Department. Application for registration shall be made on a form supplied by the Department, through the Youghiogheny Wild River manager, and may be made by mail.

B. The Department shall register as a whitewater guide an applicant who:

  (1) Is at least 18 years old.

  (2) Submits a certificate that the applicant has sufficient experience on whitewater, including sufficient experience on the Youghiogheny Wild River, signed by the permitted commercial whitewater outfitter who will employ the guide during the term of the guide's registration. Sufficient experience shall include a minimum of 10 trips on rivers of comparable or higher American Whitewater Affiliation class rating to the Youghiogheny Wild River, at least three of which are on the Youghiogheny Wild River.

  (3) Has successfully completed an advanced First Aid training course and cardiopulmonary resuscitation course as designated by the Department and possesses a valid certificate.

C. Whitewater guides shall:

  (1) Be thoroughly familiar with the use of the required First Aid kit and whitewater safety procedures, rescue methods, and the equipment of the outfitter company by whom they are employed; and

  (2) Have complete knowledge of Maryland regulations which apply to whitewater trips (COMAR 08.04.04.12).

D. The Department may suspend, revoke, or refuse to renew a registration for a violation of any condition of the registration, unsafe practices, or serious or continued violation of this chapter.

#### Regulation .06 Safety and Equipment.

*COMAR 08.15.04.06*

A. A whitewater craft shall:

  (1) Have a minimum of three air chambers and be capable of supporting a weight equal to 50 percent of its maximum carrying capacity with the largest compartment deflated;

  (2) Be constructed of a tough, durable, fabric-reinforced material suitable for whitewater use;

  (3) Be clearly marked with the outfitter's name or logo;

  (4) Carry on board a full-length paddle for each customer and guide; and

  (5) Be visually inspected by the guide after each trip for punctures, tears, abrasions, and wear. The outfitter shall ensure that all necessary repairs are made to ensure that the raft is kept in a safe condition.

B. Commercial whitewater outfitters and whitewater guides shall adhere to the following required equipment provisions:

  (1) Each person in a whitewater trip shall wear a:

    (a) U.S. Coast Guard approved Type III or V personal flotation device (PFD) at all times, and

    (b) Safety helmet at all times between the Sang Run Road bridge and the confluence of Coal Bank Run with the Youghiogheny River;

  (2) The personal flotation devices worn by the guide and trip leader shall be a different color than those worn by the customer;

  (3) The safety helmets worn by the guide and trip leader shall be a different color than those worn by the customer;

  (4) Each group shall have the following equipment in a whitewater craft, safety kayak, or canoe:

    (a) Waterproof First Aid kit equipped for severe bleeding, shock or concussion, and fractures,

    (b) Whistle,

    (c) Emergency patch kit,

    (d) Pump,

    (e) Visual distress signal, and

    (f) One interchangeable valve;

  (5) All whitewater craft shall have grab loops and safety lines attached to the whitewater raft, and a throwline of at least 50 feet aboard.

C. Equipment provided by the outfitter shall be maintained in good, safe, and operable condition.

D. Each commercial whitewater outfitter shall submit to the Department, within 5 days, a written report of any accident involving either personal injury requiring medical treatment or property damage, or both, in excess of $100 occurring in connection with a whitewater trip conducted by that outfitter. The following apply:

  (1) If the accident results in a person receiving medical treatment, the report for personal injury shall include:

    (a) Name and address of the injured person,

    (b) Time and place of the injury, and

    (c) Description of the injury and of the accident;

  (2) If the accident results in damage to the whitewater raft or other property, the report for property damage shall include:

    (a) Location and time of the accident,

    (b) Owner of the property,

    (c) Description of the accident, and

    (d) Estimate of the loss.

E. If death results from a boating accident, or if a person loses consciousness or is disabled for more than 24 hours, a written report shall be submitted to the Department within 48 hours. This regulation shall conform with the requirements under COMAR 08.04.07.

#### Regulation .07 General Requirements.

*COMAR 08.15.04.07*

A. An individual may not:

  (1) Discard trash, litter, trip equipment, or any other refuse in the Youghiogheny Wild River or within the boundaries of the scenic corridor;

  (2) Trespass on, injure, remove, or destroy property or vegetation within the Youghiogheny Wild River scenic corridor; or

  (3) Kindle, build, or have an open fire within the Youghiogheny River scenic corridor.

B. Violation of any of these regulations shall result in:

  (1) The suspension, revocation, or refusal to issue an annual operating permit to an outfitter, or the suspension, revocation, or refusal of a whitewater guide's registration, or both of these; and

  (2) Punishment under Natural Resources Article, §8-1501, Annotated Code of Maryland.