§ 8-1103. Ocean Beach Replenishment Fund
West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2013
Effective: October 1, 2013
MD Code, Natural Resources, § 8-1103
§ 8-1103. Ocean Beach Replenishment Fund
(a)(1) There is an Ocean Beach Replenishment Fund, consisting of moneys appropriated for that purpose in the State budget or in any bond enabling act and any money contributed by local jurisdictions in accordance with this section.
(2) The Fund shall be maintained for the purposes stated in this section, and unspent portions of any appropriations to the Fund shall remain in the Fund and may not revert to the General Fund and any project or program funded under this subtitle is not subject to the provisions of §§ 7-305(d)(3) and 8-128(c) of the State Finance and Procurement Article.
(b) The Board of Public Works, upon the recommendation of the Secretary, may expend moneys appropriated from the Fund, directly or through loans or grants to local jurisdictions, for the following types of projects on Maryland's ocean beaches:
(c) Funds shall be expended only upon projects that further an integrated plan that has been approved by the Secretary as providing protection against storm and flood events.
(d) The eligible costs of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation, or improvement. Bond proceeds appropriated to the Fund may not be used for project administrative costs. Costs for periodic additions of sand or other elements necessary to maintain the structural integrity of a project shall be eligible for financial assistance.
(e) The State shall assume 100% of the costs of any land acquisition project. State assistance for any other type of authorized project may not exceed 50% of nonfederal costs.
(f) All projects receiving State assistance under this subtitle shall be designed and managed by the Department, which shall consult with the project sponsors.
(g) Any accretion to existing beaches resulting from activities assisted by the Fund shall be deemed natural resources of the State, and title to any accretion is vested in the Department. Land created by any accretion to or replenishment of any ocean beach in Maryland is not vacant land within the meaning of the Real Property Article, and the Commissioner of Land Patents may not issue any patent for land so created.
(h) Grants or loans for project construction may not be authorized under this section until the Department and the Board of Public Works approve the following items as submitted by the municipality or county, as appropriate, in which the project is located:
(i) The financing plan submitted by the municipality and county in which the project is located shall:
(j) In the event the county or municipality fails to raise or to pay to the State all or any portion of its percentage of the costs of a project as established by a financing plan within 6 months of the certification of costs by the State Comptroller, the State Comptroller shall cause to be withheld from State-collected, locally shared taxes, and, to the extent necessary, from the State aid for police protection provided by Article 41, Title 4, Subtitle 4 of the Code to which the county or municipality would otherwise be entitled, for the following fiscal year, a sum sufficient to reimburse the State for any sum remaining unpaid, together with interest on the unpaid amount at the rate of 10% per annum from the date of the certification by the State Comptroller.
Credits
Added by Acts 1986, c. 606. Amended by Acts 1987, c. 11, § 1; Acts 1987, c. 306, § 4; Acts 1987, c. 758; Acts 1987, c. 759; Acts 1988, c. 110, § 1; Acts 1989, c. 5, § 1; Acts 1990, c. 6 §§ 2, 12; Acts 1991, c. 55, § 1; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2004, c. 135, § 1, eff. June 1, 2004; Acts 2004, c. 432, § 2, eff. June 1, 2004; Acts 2012, c. 66, § 6, eff. April 10, 2012; Acts 2013, c. 43, § 5; Acts 2013, c. 136, § 1, eff. Oct. 1, 2013.
MD Code, Natural Resources, § 8-1103, MD NAT RES § 8-1103
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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