# COMAR Title 08 — Department of Natural Resources

## Subtitle 18 — Boating — Speed Limits and Operation of Vessels

### Chapter 03 — Noise Level Limits of Vessels

**Authority:** Natural Resources Article, §8-725.4, Annotated Code of Maryland

**Administrative History:** Effective date: April 16, 1990 (17:7 Md. R. 848)

**Administrative History:** Regulations .01—.08 recodified from COMAR 08.04.15 to 08.18.03 effective February 3, 1992 (19:2 Md. R. 153)

**Administrative History:** Regulation .01 amended as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .02-1 adopted as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; adopted permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .03 amended effective October 9, 1995 (22:20 Md. R. 1542)

**Administrative History:** Regulation .03 amended as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .03 amended effective November 28, 2011 (38:24 Md. R. 1501)

**Administrative History:** Regulation .05 amended as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .05A amended effective October 9, 1995 (22:20 Md. R. 1542)

**Administrative History:** Regulation .06 recodified to .07 and new Regulation .06 adopted effective October 9, 1995 (22:20 Md. R. 1542)

**Administrative History:** Regulation .06 repealed as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .07 amended and recodified to .08 effective October 9, 1995 (22:20 Md. R. 1542)

**Administrative History:** Regulation .07 amended as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .08 recodified to .09 effective October 9, 1995 (22:20 Md. R. 1542)

**Administrative History:** Regulation .08 amended as an emergency provision effective August 19, 1996 (23:18 Md. R. 1313); emergency status extended at 24:4 Md. R. 289; amended permanently effective August 11, 1997 (24:16 Md. R. 1159)

**Administrative History:** Regulation .08 amended effective November 28, 2011 (38:24 Md. R. 1501)

#### Regulation .01 Exceptions and Conditions.

*COMAR 08.18.03.01*

A. This chapter does not apply to:

  (1) A vessel or device used solely for the purpose of warning, protecting, or alerting the public of the existence of an emergency condition, including law enforcement and fire-fighting vessels;

  (2) An approved Department or United States Coast Guard activity listed below:

    (a) A vessel engaged in a professional exhibition,

    (b) A regatta,

    (c) A motorboat race, or other boat race,

    (d) A marine parade,

    (e) A tournament or exhibition;

  (3) A vessel displaying a valid seafood harvesters license number while actually engaged in the harvesting of seafood for sale;

  (4) A vessel being tested, repaired, or developed by a service person or by an American Power Boat Association (APBA) driver, or a sanctioning association recognized by the Department, during the hours between 8 a.m. to 8 p.m., Monday through Friday, and 11 a.m. to 6 p.m. on Saturday and Sunday; or

  (5) A vessel with a permit issued for economic hardship.

B. A current valid identification card issued by the APBA or sanctioning association identifying the driver shall be on board the vessel being tested, repaired, or developed by the APBA or other sanctioning association.

C. Vessels excepted under §A(4) of this regulation are required to:

  (1) Notify the Natural Resources Police regional office during the hours of 8 a.m. to 4 p.m. at least 24 hours, but not more than 72 hours, before operating the vessel being tested, repaired, or developed;

  (2) Provide the following information to the Natural Resources Police:

    (a) Name and address of the driver,

    (b) Name and address of the vessel owner,

    (c) Type and description of the vessel,

    (d) Vessel name or registration number, and

    (e) Date, time, and location of proposed operation;

  (3) Limit the number of tests per vessel to four in any 7-day period; and

  (4) Limit each test per vessel to a total test period of 30 minutes on the water.

#### Regulation .02 Definitions.

*COMAR 08.18.03.02*

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

B. Terms Defined.

  (1) “Background sound level” means wind effects, and sound emission from sources other than the vessel being monitored.

  (2) “Economic hardship” means a determination by the Department of Natural Resources that, in order to meet the noise level limits as established in Regulation .03 of this chapter:

    (a) A vessel must have a new muffler installed or the engine must be physically changed; and

    (b) The cost of the muffler or physical change exceeds 10 percent of the value of the vessel as shown in a national publication of used vessel values used by the Department.

  (3) “Muffler” means an exhaust system installed below or above the water line and a device that is capable of reducing the noise from the engine to levels that shall meet the noise level limits established by the Department.

  (4) “Service person” means a person who is employed as a marine engine mechanic, either for himself or by a bona fide engine or boat manufacturer, or marine service company.

#### Regulation .02-1 Incorporation by Reference.

*COMAR 08.18.03.02-1*

Stationary Sound Level Measurement Procedure For Pleasure Motorboats, Surface Vehicle Recommended Practice, SAE J2005 (Society of Automotive Engineers, Inc., December 1991) is incorporated by reference.

#### Regulation .03 Noise Level Limits.

*COMAR 08.18.03.03*

A. A person may not operate or give permission to operate a vessel on the waters of the State that emits a maximum noise level exceeding 90 dB(a).

B. On the waters of Deep Creek Lake and from the mouth of the Northeast and Elk Rivers to include all tributaries including the Bohemia River and the C&D Canal, a person may not operate a vessel in such a manner to exceed the following vessel noise levels:

  (1) For engines manufactured before January 1, 1993, the noise level may not exceed 90dB(a).

  (2) For engines manufactured on or after January 1, 1993, the noise level may not exceed 88dB(a).

#### Regulation .04 Equipment.

*COMAR 08.18.03.04*

A sound level meter shall meet the American National Standards Institute standard for sound level meters found in “ANSI S.1.4 Type 1 or Type 2 Specifications for Sound Level Meters” (1971, 1983), and “ANSI S.1.4A”.

#### Regulation .05 Testing Procedures.

*COMAR 08.18.03.05*

A. The operator of the sound level meter for enforcement purposes shall be an officer with the Natural Resources Police who is qualified by training to operate sound level meters.

B. When a vessel is equipped with a muffler cutout, muffler bypass, or other device used to continually or intermittently bypass the muffler system, the sound level test shall be conducted with the device set at the highest producing decibel level.

C. Noise level limits on waters of the State shall be measured using the procedures contained in the marine environment sound level measurement procedure SAE J2005 which is incorporated by reference in Regulation .02-1 of this chapter.

#### Regulation .06 Repealed.

*COMAR 08.18.03.06*

#### Regulation .07 Economic Hardship Permits.

*COMAR 08.18.03.07*

A. The Licensing and Registration Service shall issue the permit on behalf of the Department.

B. The permit shall be kept on board the vessel and made available for inspection.

C. The permit shall be valid for 1 calendar year.

D. Application for a permit may be obtained from the Department of Natural Resources, Licensing and Registration Service.

#### Regulation .08 Mufflers.

*COMAR 08.18.03.08*

A person may not own, operate, or give permission to operate on the waters of the State a vessel manufactured after January, 1990, that is not equipped with a muffler or system which muffles or suppresses engine noise to the established limits in Regulation .03 of this chapter. On the waters of Deep Creek Lake and from the mouth of the Northeast and Elk Rivers to include all tributaries including the Bohemia River and the C&D Canal, a vessel shall operate with a continuous muffler or noise suppression system and may not operate a device that bypasses, reduces, or eliminates the effectiveness of a muffler or engine noise suppression device or system.

#### Regulation .09 Penalties and Fines.

*COMAR 08.18.03.09*

Violation of any regulation of this chapter is a misdemeanor and is punishable as provided in Natural Resources Article, §8-725.4, Annotated Code of Maryland.