The purpose of this subtitle is to develop a safe, comprehensive management plan for vessels on waters of the State, establish speed limits on certain areas, and designate some areas for specific use. This subtitle does not apply to: An activity listed below in this section, if approved by the Department or United States Coast Guard: Vessel engaged in a professional exhibition, Regatta, Motorboat race, or other boat race, Marine parade, or Tournament or exhibition; and Law enforcement vessels. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Act” means the Federal Boat Safety Act of 1971 (85 Stat. 213 46 U.S.C. 1451, et seq.) “Arc of swing” means the circumference of the circle the radius of which is formed by the mooring line and the chain and the vessel. “Army Corps Permit for Controlled Water Ski Course” is a legal document issued by the U.S. Army Corp of Engineers permitting the applicant to place anchors or similar devices on the bottom of State waters. The permit may contain specific requirements that shall be followed. “Artificial ballast” means auxiliary or portable tanks or weights which distribute the weight in a vessel causing it to produce a large wake at slow speeds for the purpose of wake surfing. “Boat speed” means speed through the water. “Certificate” means any certificate of number. “Certificate of title” means that certificate issued upon satisfactory proof of ownership made by an applicant to the Department. “Channel” means that portion or portions of tidal waters which are either designated as a channel by navigational aids or which are the deeper part of a water body where the main current flows and which afford the best passage for vessels. “Coach boat” means a vessel that accompanies a racing shell or racing scull that trains an individual crew and carries appropriate safety rescue equipment for the racing shell or racing scull. “Controlled ski area” means an area marked by the Department which encompasses a slalom ski course which is permitted by the U.S. Army Corps of Engineers under the Rivers and Harbors Act of 1899, (33 U.S.C. 403), as amended, and is designed, constructed and intended for controlled water ski practices. “Dealer” means any person who engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels, or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for sale, trade, and display of vessels. A yacht broker is a dealer. “Department” means the Department of Natural Resources. “Designated rowing area” means an area which is designated by the Department for rowing activities by individuals in rowing shells or similar devices. “DNR Controlled Water Ski Sticker” is a sticker issued by the Department to a water ski vessel and shall remain on the vessel unless the vessel is sold or modified. “Group moorings” means the mooring by a person of three or more vessels. “Immediate family” means spouse, son, daughter, mother, father, sister, brother, grandmother, grandfather, son-in-law, father-in-law, mother-in-law, daughter-in-law, grandson, granddaughter, stepfather, stepmother, halfbrother, halfsister, stepson, or stepdaughter. The term includes persons so related by virtue of adoption. “Individual moorings” means the mooring by a person of not more than two vessels. “Issuing authority” means either a state that has a U.S. Coast Guard approved numbering system or the Coast Guard where a number system has not been approved. “Manufacturer” means any person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade. “Modified” means a change to a vessel with a DNR Controlled Water Ski sticker by any of the following means: adding more than 750 pounds of ballast by any means that causes the vessel to create a wake that exceeds 6 inches, measured at a point on the closest shore; removal of the towing pylon, swim platform, rear facing seat, or mirror; or modifying the vessel from its overall original manufactured dimensions so that it is no longer capable of maneuvering the established course without damaging the required markers. “Mooring” means a buoy, piling, stake, or other apparatus used to secure, berth, or moor vessels in the waters of the State. It does not include fixed piers connected to the shore or accessory structures directly related thereto that are subject to separate State approval procedures. “Motorboat” means any vessel equipped with propelling machinery, whether or not the machinery is the principal source of propulsion. “Operate” means to navigate or otherwise use a motorboat or vessel. “Operator” means the person who operates or has charge of the navigation of a vessel. “Owner” means a person, other than a lien holder, having property in or title to a vessel. The term includes a person entitled to use or possess a vessel subject to an interest in another person, reserved, or created by agreement and securing payment of performance of an obligation, but it does not include a lessee under a lease not intended as security. “Person” includes: The federal government, State, any county, municipal corporation, or other political subdivision of the State, or any of their units; An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or A partnership, firm, association, public or private corporation, or any other entity. “Public access point” means waterfront property open to the public to gain access to tidal waters. “Public bathing beaches” means areas recognized by the Maryland Department of the Environment (MDE) as defined in COMAR 26.08.09. Purchase Price. “Purchase price” means, for vessels sold by manufacturers, brokers, or dealers, the certified gross purchase price of the vessel and its equipment in the case of sales of new vessels and the resale of used vessels. “Purchase price” means, for all other transactions, the total purchase price if verified by means of a certified bill of sale approved by the Department, or that valuation shown in a national publication of used vessels adopted for use by the Department, with the Department having discretionary power in determining the valuation. “Racing shell” is a manually propelled vessel that is solely for competitive racing recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, (if one is present). It is not designed to carry and does not carry any equipment, including safety equipment, which is not used for racing. “Racing scull” is a manually propelled vessel that is solely for competitive racing recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, (if one is present). It is not designed to carry and does not carry any equipment, including safety equipment, which is not used for racing. “Riparian property owner” means a person possessing riparian rights, specifically including the right to gain access to tidal water. “Sale” is defined pursuant to §§2-106(1) and 2-401(20) of the Uniform Commercial Code as amended. “Ski jump course” means an area which includes a water ski jump ramp. The water ski jump ramp should be a minimum distance from shore of 125 feet, the minimum width of the body of water at the jump is 275 feet. The jump course includes boat guides and 150 m, 180 m, and 210 m buoys is approximately 920 feet long. Approximately 2,000 feet is the minimum straight distance needed for the jump course and ride out area. The jump course begins with the 180 meter cut out buoy and ends with the 100 meter end course. “Slalom ski course” means an area approximately 850 feet in length by 75 feet in width, marked by inflated balls or bladders secured to anchors using flexible hose for the top 3 feet of connection, containing a maximum of 26 balls or bladders, and which is permitted by the U.S. Army Corps of Engineers under the Rivers and Harbors Act of 1899, (33 U.S.C. 403), as amended, and is designed, constructed and intended for controlled water ski practices. Speed Limits: “Restricted 6 knots (6.9MPH)” means a person may not operate or give permission to operate a vessel more than 17 feet in length: At a boat speed in excess of 6 knots (6.9 statute miles per hour, or 11.1 kilometers per hour); or To cause an objectionable or excessive wake. “6 knots (6.9 MPH)” means a person may not operate or give permission to operate a vessel:(i) At a boat speed in excess of 6 knots (6.9 statute miles per hour, or 11.1 kilometers per hour); or (ii) To tow an individual on a ski, aquaplane, or similar device. “20 knots (23 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 20 knots (23 statute miles per hour or 42.6 kilometers per hour). “26 knots (30 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 26 knots (30 statute miles per hour or 55.6 kilometers per hour). “35 knots (40.25 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 35 knots (40.25 statute miles per hour or 74.5 kilometers per hour). “Minimum wake zone” means a person may not operate or give permission to operate a vessel in excess of the slowest possible boat speed necessary to maintain steerage under prevailing wind and sea conditions not to exceed 3 knots (3.5 statute miles per hour or 5.6 kilometers per hour). “Idle speed” means the operation of a vessel at the slowest possible boat speed necessary to maintain steerage under prevailing wind and sea conditions not to exceed 3 knots (3.5 statute miles per hour or 5.6 kilometers per hour). “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. “State of principal use” means the state on whose waters a vessel is used or to be used most during a calendar year. “Steerage” means the minimum rate of motion required for the steering apparatus (rudder or motor) of a vessel to have effect. “Swim beach area” means an area inside a Public Bathing Beach that is marked with U.S. Coast Guard permitted boat exclusion markers for a swim area, and the owner or operator reserves the area solely for bathing, swimming or other public water contact activities. The area shall be in compliance with a MDE permitted beaches as defined in COMAR 26.08.09. “Tidal waters” means those waters of the State affected by the ebb and flow of the tide. Time Periods: “All times” means the period beginning at 12:01 a.m. each January 1, and ending at 12 midnight each succeeding December 31. “All year” means the period beginning at 12:01 a.m. each January 1, and ending at 12 midnight each succeeding December 31. “Boating season” means the period beginning at 12:01 a.m. each April 15, and ending at 12 midnight each succeeding October 15. “Nonboating season” means the period beginning at 12:01 a.m. each October 16, and ending at 12 midnight each succeeding April 14. “Saturdays, Sundays, and State holidays” means the period beginning at 12:01 a.m. each Saturday, and ending at 12 midnight each succeeding Sunday, and during the period beginning at 12:01 a.m. and ending at 12 midnight each holiday officially recognized by the State of Maryland as listed by the Maryland Department of Budget and Management. For the purposes of this subtitle, the terms “holiday” and “State holiday” are to be considered equivalent. “Sunrise to sunset” means the period during the daytime hours beginning at sunrise and ending at sunset, as computed by the U.S. Naval Observatory, Washington, D.C. “Sunset to sunrise” means the period during the nighttime hours beginning at sunset and ending at sunrise, as computed by the U.S. Naval Observatory, Washington, D.C. “Weekdays” means the period beginning at 12:01 a.m. on Monday and ending at 12 midnight the following Friday. “USCG Permitted buoys” is a legal document issued by the U.S. Coast Guard permitting the applicant to place buoys or markers on navigable waters to mark an area. “Use” means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water. “Vessel” means any type of watercraft, other than a seaplane that is used or capable of being used as a means of transport on the water or ice as defined in 1 U.S.C. 3, and as amended by any subsequent USCG determinations. Ice boats are regarded as watercraft. The term includes the vessel’s motor, spars, sails, and accessories. “Vessel number” means the USCG documentation number or the number issued by a state numbering system. “Wake surfing” means free riding on a device similar to a surfboard behind an artificially ballasted boat at slow speeds (9—14 mph). “Waters of the State” means any water within the jurisdiction of the State, the marginal sea adjacent to the State, and the high seas when navigated as part of a ride or journey to or from the shore of the State. “Week” means any 7 consecutive days. An individual operating a vessel on waters of the State shall comply with the: Inland Navigational Rules Act of 1980, 33 CFR §§83—90, as amended; and International Navigational Rules Act of 1977, 33 CFR §§80—82, as amended. A person may not operate or give permission to operate a vessel at a speed which would be unsafe under the existing circumstances and conditions. In determining unsafe speed under existing circumstances and conditions, the following factors shall be taken into account: State of visibility; Traffic density; Maneuverability of the vessel in prevailing conditions; At night, the presence of background light intensity from shore lights; Velocity of the wind; Sea and current conditions; Proximity of navigational hazards; and Draft of the vessel in relation to available depth of water. A person may not operate or give permission to operate any motorboat or any vessel in a: Reckless manner to endanger the life, limb, or property of any person; or Negligent manner to endanger the life, limb, or property of any person. A motorboat towing an individual or individuals on water skis, aquaplane, or other similar device shall keep at all times at least 100 feet from the shore, wharf, pier, piling, jetty, bridge structure or abutment, or an individual or individuals in the water. When passing another vessel, the operator of the towing vessel shall stay at least 100 feet away from the other vessel. Towlines may not be more than 75 feet in length, except, when barefoot skiing, a tow line 100 feet in length may be used. An individual or individuals may begin skiing from shore, boat deck, or wharf. On the slack water areas above Dams 3, 4, and 5 on the Upper Potomac River, a motorboat may not tow more than two tubes or similar devices when the tow line is attached directly to the device. An individual may not operate a vessel on the waters of Maryland while under the influence of alcohol, or any narcotic, drug, or barbiturate. The provisions of this regulation apply to boating on any white water portion of stream segments designated in this regulation, but do not apply to stream segments not designated in this regulation. For purposes of this regulation, “white water portion” means any portion of a designated stream segment which has any of the criteria characteristics described in §C of this regulation. The Department of Natural Resources shall designate white water stream segments in accordance with the following criteria: Class III (Intermediate). Rapids with moderate irregular waves occur, which may be difficult to avoid and which can swamp an open canoe. Complex maneuvers in fast current, and good boat control in tight passages or around ledges are often required. Large waves or strainers may be present but are easily avoided. Strong eddies and powerful current effects can be found, particularly on large volume rivers. Scouting is advisable for inexperienced parties. Injuries while swimming are rare. Self-rescue is usually easy, but group assistance may be required to avoid long swims. Class IV (Advanced). Intense, powerful but predictable rapids occur, requiring precise boat handling in turbulent water. Depending on the character of the river, it may feature large, unavoidable waves and holes or constricted passages demanding fast maneuvers under pressure. A fast, reliable eddy turn may be needed to initiate maneuvers, scout rapids, or rest. Rapids may require moves above dangerous hazards. Scouting is necessary the first time down. Risk of injury to swimmers is moderate to high and water conditions may make self-rescue difficult. Group assistance for rescue is often essential, but requires practiced skills. A strong Eskimo roll is highly recommended. Class V (Expert). Extremely long, obstructed, or very violent rapids occur, which expose a paddler to above average endangerment. Drops may contain large, unavoidable waves and holes or steep, congested chutes with complex, demanding routes. Rapids may continue for long distances between pools, demanding a high level of fitness. What eddies exist may be small, turbulent, or difficult to reach. At the high end of the scale, several of these factors may be combined. Scouting is mandatory but often difficult. Swims are dangerous, and rescue is difficult even for experts. A very reliable Eskimo roll, proper equipment, extensive experience, and practiced rescue skills are essential for survival. Class VI (Extreme). One grade more difficult than Class V. These runs often exemplify the extremes of difficulty, unpredictability, and danger. The consequences of errors are very severe and rescue may be impossible. For teams of experts only at favorable water levels, after close personal inspection and taking all precautions. This class does not represent drops thought to be unrunnable, but may include rapids which are only occasionally run. The Department of Natural Resources is designating the following stream segments for purposes of this boating safety regulation only, and intends no determination whether there is any right of public access to, navigation along, landing along, or egress from, any of these designated stream segments. This regulation does not apply to the use of vessels on non-white water portions of designated stream segments for any purpose other than access to white water. The designated stream segments are: Class III — stream segments: North Branch Casselman River — Dung Hill Road to Md. Rte. 495; Potomac River — Dam No. 3, Harpers Ferry to Knoxville Falls; Evitts Creek — Maryland line (Hazen Road) to North Branch Potomac River (Md. Rte. 51 bridge); Flintstone Creek — Flintstone Creek Road to Town Creek (Old Rte. 40 bridge); Fifteen Mile Creek — U.S. Rte. 40 to Potomac River (bridge at Orleans Rd.); Middle Creek — Pennsylvania line to Toms Creek (Keysville Rd.); Northwest Branch Anacostia River — U.S. Rte. 29 to Hyattsville (38th Avenue); Patapsco River—Woodstock (Md. Rte. 125) to Gun Road; South Branch Patapsco River — Woodbine (Md. Rte. 94) to Woodstock (Md. Rte. 125); Gunpowder Falls — Prettyboy Dam to Md. Rte. 45; Little Falls — Parkton (Md. Rte. 45) to Gunpowder Falls (Blue Mount Road); Little Gunpowder Falls — Md. Rte. 147 to U.S. Rte. 40; Deer Creek — Fawn Grove Road to Stafford Road; Class IV — stream segments: Bear Creek — U.S. Rte. 219 to Friendsville (Friendsville — Addison Road); Georges Creek — Md. Rte. 36 bridge halfway between Midland and Lonaconing to Westernport (Md. Rte. 135 bridge); Jennings Run — Barrelville (Rte. 36) to Wills Creek (Md. Rte. 36 bridge); Middle Patuxent River — Md. Rte. 107 to Savage (Foundry Street); Rock Creek — East-West Highway to D.C. line (Rock Creek Park); Gunpowder Falls — Lower Loch Raven Dam to U.S. Rte. 40; Class V — stream segments: Youghiogheny River: Millers Run (bridge on Oakland — Sang Run Road) to Sang Run Road, Sang Run Road to Friendsville (Rte. 42); Potomac River — Great Falls (foot of falls) to Washington, D.C. (Chain Bridge Rd.); North Branch Potomac River — Henry, W.Va. (W.Va. Rte. 90) to Bloomington, Md. (mouth of Savage River); Savage River — Savage River Dam to North Branch Potomac River (Md. Rte. 135 bridge); Wills Creek — Pennsylvania line near Ellerslie to North Branch Potomac River (levee at Md. Rte. 48 bridge); Conowingo Creek — Oakwood to Susquehanna River (launching ramp — Conowingo Lake); Class VI — stream segments: All the waters of the Potomac River — Great Falls area from the base of aqueduct dam to a line from the foot of the main falls on the Virginia shoreline to the Maryland shoreline below Olmstead Island. Required Equipment. An individual using a vessel, raft, or tube upon any white water portion of any designated stream segment shall wear a U.S. Coast Guard approved Type III or V personal flotation device (PFD) at all times. An individual taking part in supervised training or in International Canoe Federation (ICF) — American Canoe Association (ACA) sanctioned events may substitute a lifedeck personal flotation device (PFD) if it provides a minimum buoyancy of 6 kilograms (13.5 pounds). An individual who is in charge of guiding a commercially hired vessel or vessels shall have in possession, at all times while navigating any designated stream segment, a first aid kit, such as the kit recommended by Eastern Professional River Outfitters, equipped for severe bleeding, shock or concussion, and fractures. An individual in charge of a vessel being used on a white water portion of a designated white water stream segment shall have, at all times, grab loops or safety lines attached to the vessel. An individual using a kayak or covered canoe vessel on a white water portion of a designated stream segment shall wear a safety helmet. Voluntary Registration of Commercial White Water Outfitters and Guides. A person who directly or indirectly receives any consideration for furnishing equipment, facilities, or services, or all of these, for white water boating, may register with the Department as a commercial white water outfitter. A person who directly or indirectly receives any consideration for guiding vessels containing passengers on white water stream segments, may register with the Department as a commercial white water guide. A person desiring to register as a commercial white water outfitter or guide shall apply annually on forms provided by the Department. Criteria for Registration. Before registering a person as a commercial white water outfitter or guide, the Department shall determine that the person: Carries sufficient liability insurance covering death or personal injury for the number of individuals who will use the outfitter's or guide's equipment on white water stream segments; If registering as a guide, holds a CPR certificate or equivalent, or a Red Cross Advanced First Aid certificate or equivalent; If registering as a guide, provides proof of degree of experience with specific types of vessels, which proof then shall be included on the State registration list. The Department of Natural Resources shall make available to each registered commercial white water outfitter and guide information concerning white water boating safety. The Department of Natural Resources shall make available to the public a list of the registered commercial white water outfitters and guides. A person may not operate or give permission to operate a watercraft for the purpose of wake surfing less than 200 feet from a shoreline, marine structure (pier, dock, piling, jetty, bridge structure, abutment, bulkhead, regulatory buoy, channel marker, floating platform anchored to the bottom and used for embarking and disembarking from boats, swimming or water skiing) and other vessels operating in the area or at anchor or moored or an individual or individuals in the water. A manufacturer’s label shall be affixed to any portable ballast tank identifying the maximum capacity in gallons and/or weight in pounds and combined with the occupants may not exceed the maximum carrying capacity of the vessel as listed on the USCG loading label. Natural Resources Article, §§8-101, 8-703, and 8-704, Annotated Code of Maryland Effective date: February 3, 1992 (19:2 Md. R. 153) Regulation .03B amended effective October 14, 2002 (29:20 Md. R. 1587); October 29. 2012 (39:21 Md. R. 1377); April 1, 2013 (40:6 Md. R. 472): March 28, 2016 (43:6 Md. R. 405); March 13, 2017 (44:5 Md. R. 291) Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 237) Regulation .06 amended effective September 28, 1992 (19:19 Md. R. 1704); June 20, 1994 (21:12 Md. R. 1060) Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2281) Regulation .08D amended effective May 24, 1993 (20:10 Md. R. 849); September 15, 2025 (52:18 Md. R. 923) Regulation .08E amended effective September 29, 2003 (30:19 Md. R. 1330) Regulation .09 adopted effective October 29. 2012 (39:21 Md. R. 1377) Regulation .10 adopted effective October 29. 2012 (39:21 Md. R. 1377)