Section 16-102 – Public Policy
(a) In many areas of the State much of the wetlands have been lost or despoiled by unregulated dredging, dumping, filling, and like activities, and the remaining wetlands are in jeopardy of being lost or despoiled by these and other activities. The loss or despoliation: (1) Will affect adversely, if not eliminate entirely, the value of the […]
Section 16-103 – Riparian Owners Not to Be Deprived of Certain Rights
(a) Except as specifically provided in this title, a riparian owner may not be deprived of any right, privilege, or enjoyment of riparian ownership that the riparian owner had prior to July 1, 1970. (b) The provisions of this title do not transfer the title or ownership of any land or interest in land.
Section 16-104 – Construction of Nonwater-Dependent Projects
(a) This section does not apply to a nonwater–dependent project located on State or private wetlands in Prince George’s County. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection and notwithstanding any other provision of law, the Board of Public Works may not issue a license to authorize a nonwater–dependent project located on State […]
Section 16-105 – Construction of Piers and Bulkheads
(a) The Department, jointly with the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, shall: (1) Review existing regulations applicable to the construction of piers and bulkheads in the tidal wetlands of the State and in the Chesapeake Bay Critical Area; and (2) By regulation, develop a procedure to avoid duplication of regulatory jurisdiction by the […]
Section 16-106 – Use of Licensed Marine Contractor to Undertake Activities Under This Title
(a) (1) A person that undertakes or authorizes an activity that requires a license or permit under this title shall: (i) Hire a licensed marine contractor to do the work; or (ii) Be a licensed marine contractor. (2) Notwithstanding any other provision of law, a residential or commercial property owner shall be exempt from the requirement to be or to […]
Section 16-107 – Use of Licensed Marine Contractor to Undertake Marina Expansion
(a) (1) This section applies to a development project to expand a marina that historically operated as a working marina for the sole purpose of supporting aquaculture or seafood operations. (2) This section does not apply to a development project to expand a marina if the existing or expanded marina is used to allow a person to moor, […]
Section 16-201 – Accretion to and Improvement in Front of Land on Navigable Water; Reclamation of Lost Fast Land; Continuation of Existing Rights; Regulations
(a) A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the person’s ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front […]
Section 16-202 – License for Dredging or Filling
(a) A person may not dredge or fill on State wetlands without a license. (b) To apply for a license, the applicant shall submit a delineation of the affected tidal wetlands and all other information required by the Department. (c) (1) Subject to paragraph (3) of this subsection, within 45 days from receipt of the application, the Department shall […]
Section 16-203 – Maintenance and Repair of Bulkheads
Notwithstanding any other provision of law, a landowner shall be exempt from all local permit requirements to perform routine maintenance and repair of a bulkhead.
Section 16-204 – Appeals
(a) Any person that satisfies subsection (b) of this section may petition the circuit court in the county where the land is located within 30 days after receiving the decision of the Board. The appeal shall be heard on the record compiled before the Board. (b) A party has standing to file a petition under subsection (a) […]