Section 16-306 – Judicial Review of Administrative Appeal
(a) (1) Any person who has a recorded interest in land affected by any regulation adopted under this subtitle may appeal the regulation or designation of the person’s land as wetland to the circuit court in the county where the land is located. (2) The appeal shall be filed within 30 days after the later to occur: (i) Notice […]
Section 16-307 – Permit to Conduct Activity Not Permitted by Regulations — in General
(a) (1) Any person proposing to conduct on any wetland an activity not authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall apply for a permit with the Secretary, on the form the Secretary prescribes. (2) The application shall include a detailed description of the proposed work and a map showing the […]
Section 16-309 – Judicial Appeal From Decision of Secretary — Payment of Court Costs of Appeal by State
The court may order the State to pay court costs of any appeal in accordance with the provisions of § 16–306 of this subtitle if the court finds that the financial situation of the person appealing warrants this action.
Section 16-310 – Courts to Restrain Violations of Subtitle
The court exercising equity jurisdiction in the county where the land or any part of the land is located may restrain any violation of this subtitle in an action brought by the Department or any authorized unit or officer of the Department.
Section 16-401 – Construction of Subtitle
This subtitle does not affect any past or future accretion to land under private ownership bounding on or surrounded by the waters of the Chincoteague, Isle of Wight, or Sinepuxent Bay.
Section 16-402 – Title to and Use of Land; Patent Restriction
(a) Any island created or formed within the confines of Sinepuxent, Isle of Wight, or Chincoteague Bay by the dumping or depositing of excavated material from dredging or any other artificial means employed by the State or the United States or both during the construction or maintenance of the Ocean City inlet and the channel in […]
Section 16-403 – Use of Land for Conservation, Hunting, and Fishing
Subject to the approval of the Board, the Department may use the land described in this subtitle for conservation purposes in the manner and under the regulations the Department deems in the best interest of the State. However, any person who may lawfully hunt or fish in Worcester County may hunt or fish on these […]
Section 16-501 – Enumeration
(a) Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $10,000, with costs imposed in the discretion of the court. (b) Any person found guilty of a second or subsequent violation […]
Section 16-502 – Civil Action
(a) (1) A person who violates any provision of this title or any regulation, permit, license, or order issued under this title shall be liable for a penalty not exceeding $10,000, which may be recovered in a civil action. (2) In imposing a penalty under this subsection, the court may consider the factors in § 9-342(b)(2)(ii) of this […]
Section 16-503 – Violations
(a) Whenever the Department believes a violation of any provision of this title or any regulation has occurred, the Department shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent […]