# COMAR Title 27 — Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

## Subtitle 01 — Criteria for Local Critical Area Program Development

### Chapter 15 — Enforcement

#### Regulation .04 Fees and Penalties.

*COMAR 27.01.15.04*

A. These regulations are not intended to alter a local jurisdiction’s authority to assess fines, as provided under the Maryland Constitution or the Express Powers Act.

B. Each alleged violator who violates a provision of a local program shall be subject to separate fines for each offense in accordance with Natural Resources Article, §8-1808(c)(1)(iii)15, Annotated Code of Maryland, including:

  (1) Each violation constitutes a separate offense;

  (2) Each calendar day that a violation continues constitutes a separate offense; and,

  (3) Fines for a continuing violation shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.

C. In determining the amount of the penalty to be assessed, a local jurisdiction shall consider:

  (1) The gravity of the violation;

  (2) Any willfulness or negligence involved in the violation;

  (3) The environmental impact of the violation; and

  (4) The cost of restoration of the resources affected by the violation and mitigation for damage to that resource.

D. A jurisdiction shall require a bond or other financial security for restoration or mitigation that exceeds 1,000 square feet or $1,000, or adopt procedures approved by the Commission that ensure the restoration or mitigation is properly completed.