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Home » US Law » 2022 Maryland Statutes » Environment » Title 5 - Water Resources » Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams

Section 5-501 – Policy of State; Subtitle Supplemental to Existing Laws

    (a)    In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public […]

Section 5-502 – Permit to Appropriate or Use State Waters

    (a)    Every person is required to obtain a permit from the Department to appropriate or use or begin to construct any plant, building, or structure which may appropriate or use any waters of the State, whether surface water or groundwater. The permit is obtained upon written application to the Department. The applicant shall provide the Department […]

Section 5-503 – Permit to Construct or Repair Reservoirs, Dams, or Waterway Obstructions

    (a)    (1)    A person shall obtain, on written application to the Department, a permit from the Department to:             (i)    Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction;             (ii)    Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction;             (iii)    Make or permit to be made any change in, […]

Section 5-503.1 – Emergency Action Plans for Dams

    (a)    (1)    This section applies to any dam that:             (i)    Has the potential to cause the loss of human life or substantial property damage in the event of structural failure; and             (ii)    Has been designated or verified by the Department as a high hazard or significant hazard dam, as defined in the classification of dams under regulations adopted by […]

Section 5-505 – Material to Accompany Applications for Permits

    Each application for a permit required by this subtitle shall be accompanied by maps, drawings, and specifications of proposed use or waterway obstruction, changes, additions, or repairs proposed to be made, and other data and information the Department requires.

Section 5-506 – Processing Applications; Hearings

    (a)    Upon application for a permit under this subtitle, and except as otherwise provided in this section, the procedures in § 5–204 of this title shall apply.     (b)    Under the following conditions, the Department may waive the notice requirements and the holding of a public informational hearing on a permit application:         (1)    If there is an emergency or […]

Section 5-507 – Grant or Denial of Permits; Conditions of Permits

    (a)    Before acting on any permit application, the Department shall weigh all respective public advantages and disadvantages and make all appropriate investigations. If the Department believes from the evidence before the Department and based upon State water resources policy declared in this subtitle that the applicant’s plans provide greatest feasible utilization of the waters of the […]

Section 5-508 – Compliance With Permits and Related Regulations; Restrictions to Bind Owner’s Successors; Recording of Restrictions

    (a)    Appropriation or use of any waters of the State, construction or beginning construction, making or beginning any change, addition, reconstruction, or repair of any reservoir, dam or waterway obstruction, only shall be in conformity with any term, condition, regulation, or restriction of the Department’s permit or with any regulation the Department prescribes concerning any construction, […]

Section 5-509 – Notice to Repair or Remove Reservoir, Dam, or Construction; Completion of Work by Department

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Asset owner” means the owner or person having control of a water infrastructure asset.         (3)    “Association” means:             (i)    A homeowners association, as defined in § 11B–101 of the Real Property Article;             (ii)    A council of unit owners, as defined in § 11–101 of the Real Property Article; or […]

Section 5-510 – Permit Time Limits to Begin and Complete Work

    (a)    Except for permits issued for the appropriation or use of water for agricultural purposes, the Department shall prescribe a time limit not exceeding 2 years from the grant of a permit, during which construction, reconstruction, or repair shall begin or appropriation or use of water shall be completed.     (b)    The Department shall prescribe a time limit, […]

Section 5-511 – Periodic Review of Appropriation and Use of Water; Correction of Permits

    The Department shall review triennially every appropriation and use of water for which a required permit is granted, to ascertain if the appropriation and use of water is being made according to quantity limitations and other conditions established by permit. Unless a permit is for the periodic appropriation or use of water for agricultural purposes, […]

Section 5-512 – Application and Construction of Subtitle

    (a)    The provisions of this subtitle do not amend or repeal:         (1)    Any law relating to the Public Service Commission or to water and water structures; or         (2)    Any act or parts of acts consistent with the provisions of this subtitle.     (b)    The provisions of this subtitle do not impair any riparian or other vested right, nor amend, repeal, […]

Section 5-513 – Enforcement of Subtitle by Injunction

    On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction, compliance with, or restraint from violating or attempting to violate any provisions of this subtitle or any Department order, notice, or regulation made under this subtitle.

Section 5-514 – Penalty for Violation of Subtitle

    (a)    (1)    In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle relating to water appropriation and use or any rule, regulation, order, or permit adopted or issued under any such provision is liable for a civil penalty not exceeding $5,000 per violation to be collected […]

Section 5-515 – Order or Notice on Receipt of Complaint

    (a)    After or concurrently with the service of a complaint under this subtitle relating to water appropriation and use, the Department may:         (1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;         (2)    Send a written notice that requires the person to whom […]

Section 5-516 – Notice and Hearing

    (a)    The Department shall give notice and hold any hearing related to orders imposed under the water appropriation and use provisions of this subtitle in accordance with the Administrative Procedure Act.     (b)    (1)    Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before […]