US Lawyer Database

Section 5-704 – Acquisition of Rights and Interests in Real Estate

    When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these […]

Section 5-802 – Legislative Finding and Declaration; Policy and Purposes of Subtitle

    (a)    The General Assembly finds and declares that:         (1)    Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State; […]

Section 5-5B-04 – Statement of Best Management Practices

    (a)    When applying for a new or expanded water appropriation permit or State financial assistance, public water systems shall include a description of best management practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water is used, treated, stored, and transmitted. The application shall also include a schedule […]

Section 5-803 – Comprehensive Flood Management Program

    (a)    By January 1, 1982 the Department, after consultation with and consideration of recommendations submitted by subdivisions and the Department of Agriculture and the Department of Planning, shall designate a priority list of watersheds for the purpose of flood control planning and management and establish a schedule for completion of studies of these watersheds.     (b)    (1)    The Department, […]

Section 5-5B-05 – Requests for Expanded Water Appropriation Permits

    (a)    In reviewing requests for new or expanded water appropriation permits by public water systems, as defined by this subtitle, the Department shall consider existing local initiatives and voluntary efforts and best management practices set forth for implementation within a permit application.     (b)    In reviewing and prioritizing requests by public water systems, as defined by this subtitle, […]

Section 5-804 – Duties of Department

    (a)    The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle.     (b)    The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other […]

Section 5-601 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Construction” means any clearing, grading, excavation, building, or the commencement of any of these activities.     (c)    “Department” means the Department of the Environment.     (d)    “Exploratory activities” means any activity involving the drilling of test wells for geothermal resources.     (e)    (1)    “Geothermal resources” means the natural heat of the earth […]

Section 5-805 – Enforcement of Subtitle

    (a)    Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall […]

Section 5-602 – Legislative Findings and Intent

    (a)    Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole.     (b)    In exploring and developing geothermal resources, maximum possible consideration shall be afforded to:         (1)    Avoiding waste and unreasonable use of natural resources;         (2)    Protecting the environment; and         (3)    Optimizing the productive use of the resource.

Section 5-603 – Powers and Duties of Department

    (a)    The Department shall be responsible for the management and regulation of the geothermal resources in the State.     (b)    The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State.     (c)    The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing […]