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§ 5-805. Enforcement of subtitle

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 5. Water Resources (Refs & Annos)
Subtitle 8. Flood Control and Watershed Management
MD Code, Environment, § 5-805
§ 5-805. Enforcement of subtitle
Enforcement by subdivision; local law
(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 provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000.
Action by Attorney General
(b) If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation.
Injunction; abatement; restoration
(c) A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General.

Credits

Added by Acts 1976, c. 691, § 1. Amended by Acts 1980, c. 352; Acts 1981, c. 481; Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 8-9A-05 by Acts 1995, c. 488, § 1, eff. July 1, 1995.
MD Code, Environment, § 5-805, MD ENVIR § 5-805
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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