Plain Text Law

Chapter 33. Deep Creek Lake

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Houseboat” means a boat constructed for use as a residence or used principally as a residence.
(2)
“Lake” means the area of pooled water within the watershed of Deep Creek in Garrett County, Maryland, formed by the Penelec dam and the lake bottom.
(3)
Length Overall.
(a)
“Length overall” means the distance measured in a straight line from the foremost part of the vessel to the aftermost part of the vessel, exclusive of sheer.
(b)
“Length overall” includes integrally formed, molded, or welded components and appendages including but not limited to:
(i)
Bow pulpits;
(ii)
Swim platforms;
(iii)
Attached structures for propulsion systems; and
(iv)
Structural rub rails installed by the builder.
(c)
“Length overall” does not include:
(i)
Bowsprits;
(ii)
Bumpkins;
(iii)
Rudders;
(iv)
Outboard motors;
(v)
Outdrives;
(vi)
Brackets; or
(vii)
Items, including swim platforms, bolted on or secured to the primary structure.
(4)
“Penelec” means the Pennsylvania Electric Company.
(5)
“Personal watercraft” means a Class A vessel which:
(a)
Has an inboard motor using an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(b)
Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(c)
Has the probability that the operator and passenger may, in the normal course of use, fall overboard; and
(d)
Is designed with no open load carrying area which would retain water.
(6)
“Specialty prop craft” means a vessel less than 16 feet in length similar in appearance and operation to a personal watercraft, but the primary source of propulsion is a propeller. For the purpose of this chapter, a specialty prop craft is considered a personal watercraft.

Regulation .02 Boating on Deep Creek Lake.Copy Citation

A.
An individual may not have or use on the waters of the lake a vessel 26 feet or more in length overall, except for a:
(1)
Pontoon boat, which may not exceed 30 feet in length overall;
(2)
Vessel operating under a valid nonconforming use permit; or
(3)
Boat with a molded platform, which may not exceed 27 feet in length.
B.
An individual may not operate a vessel with an engine or engines:
(1)
Exceeding the manufacturer's recommended maximum horsepower capacity; or
(2)
With a total displacement of greater than 550 cubic inches.
C.
Except for an authorized patrol vessel, an individual may not use a siren on a vessel.
D.
An individual may not have or use a houseboat on the waters of the lake.
E.
An individual may not deposit or cause to be deposited garbage, sewage, waste of any kind, food stuff, paper, or other litter in the waters of Deep Creek Lake.
F.
An individual may not operate a vessel with an installed marine sanitation device capable of discharging treated or untreated sewage into the waters of the lake.
G.
The Department shall position buoys on the lake to mark hazards and public swimming areas. An individual may not operate a vessel inshore from a buoy which designates a public swimming area.
H.
Only Penelec may position buoys associated with the operation of the dam, intake, and spillway.
I.
Prohibited Activities.
(1)
An individual may not:
(a)
Operate on the lake a vessel which is towing another individual who is attached to a parachute or other device which causes that individual to become airborne; or
(b)
Be towed by a vessel which is towing another individual who is attached to a parachute or other device which causes that individual to become airborne.
(2)
This prohibition does not apply to the operation of JetPack Vessels on the lake.
J.
Time Restrictions — Personal Watercraft, JetPack Vessels and Air-Cushioned Vessels. Except for vessels owned and operated by the State or local government, an individual may not operate a personal watercraft, jetpack vessel or air-cushioned vessel on the lake from 11 a.m. to 4 p.m. on:
(1)
The Saturday, Sunday, and holiday of Memorial Day weekend; and
(2)
The Saturdays, Sundays and holidays from July 1 through Labor Day.

Regulation .03 Speed Limits and Restrictions.Copy Citation

A.
Restricted Area — Inlet Between Beckman’s Peninsula and Harvey’s Peninsula.
(1)
Area. All of the waters enclosed by a line beginning at a point defined by Lat. 39°29.860' N, Long. 79°17.190' W; then running 80° True to a point defined by Lat. 39°29.880' N, Long. 79°16.970' W; then running 0° True to a point defined by Lat. 39°30.070' N, Long. 79°16.970' W; then running 283° True to a point defined by Lat. 39°30.109' N, Long. 79°17.167' W; then running 184° True to the point of beginning.
(2)
An individual may not operate a vessel towing an individual on a ski, aquaplane, or similar device in the area described in §A(1) of this regulation from 12 noon until sunset on any:
(a)
Saturday;
(b)
Sunday; or
(c)
State or federal holiday.
B.
Speed Limit. The following areas are designated minimum wake zones:
(1)
Within 100 feet of shoreline, except that an individual may operate a vessel at a speed in excess of minimum wake through the 100-foot area when towing a skier from a dock or the shore, if the individual immediately leaves the 100-foot area;
(2)
The area of Meadow Mountain Run lying east of Meadow Mountain Bridge as it enters Deep Creek Lake State Park;
(3)
North of a line beginning at a point, at or near Lat. 39° 33.333’ N., Long. 79° 21.530’ W., then running 97° (True) to a point, at or near Lat. 39° 33.311’ N., Long. 79° 21.312’ W., then running 94° (True) to a point, at or near Lat. 39° 33.301’ N., Long. 79° 21.121’ W.;
(4)
That portion of Red Run Cove lying southwest of a line beginning at a point, at or near Lat. 39° 29.924’ N., Long. 79° 22.188’ W., then running 316° (True) to a point, at or near Lat. 39° 29.999’ N., Long. 79° 22.280’ W .;
(5)
That portion of Thayerville Cove lying southwest of a line beginning at a point, at or near Lat. 39° 30.243’ N., Long. 79° 19.377’ W., then running 128° (True) to a point, at or near Lat. 39° 30.119’ N., Long. 79° 19.170’ W.;
(6)
That portion of Hoop Pole Cove which lies southwest of a line beginning at a point at or near Lat. 39° 29.249’ N., Long. 79° 18.951’ W., then running 306° (True) to a point, at or near Lat. 39° 29.340’ N., Long. 79° 19.112’ W.;
(7)
Those portions of Pawn Run Cove which lie northwest of a line beginning at a point, at or near Lat. 39°28.012' N., Long. 79°18.711' W., then running 263° (True) to a point, at or near Lat. 39°28.000' N., Long. 79°18.842' W., then running 147° (True) to a point, at or near Lat. 39°27.890' N., Long. 79°18.749' W.; and
(8)
All of the waters of North Glade Cove lying east of a line beginning at a point defined by Lat. 39°30.250' N, Long. 79°16.020' W; then running 200° True to a point defined by Lat. 39°30.099' N, Long. 79°16.090' W.

Regulation .04 Aircraft.Copy Citation

Except for aircraft owned by government agencies, aircraft may not land on, remain on, or take off from the waters of the lake without obtaining advance written permission from the Department and Penelec.
Chapter annotations
Authority: Natural Resources Article, §§5-209, 8-703, and 8-704, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 896); adopted permanently effective August 14, 1995 (22:16 Md. R. 1219)
History: Regulation .02A amended effective March 18, 2013 (40:5 Md. R. 411)
History: Regulation .02I, J amended as an emergency provision effective June 12, 2015 (42:14 Md. R. 877); amended permanently effective October 12, 2015 (42:20 Md. R. 1264)
History: Regulation .02J amended effective May 6, 1996 (23:9 Md. R. 669)
History: Regulation .03 amended effective February 16, 2015 (42:3 Md. R. 315); November 1, 2021 (48:22 Md. R. 937)