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§ 16-306. Appeal of regulation or designation of land as wetland

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 16. Wetlands and Riparian Rights (Refs & Annos)
Subtitle 3. Private Wetlands (Refs & Annos)
MD Code, Environment, § 16-306
§ 16-306. Appeal of regulation or designation of land as wetland
Appeal procedure; time limitations
(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 that the Department's final adoption of the regulation has been published in the Maryland Register under § 10-114 of the State Government Article; or
(ii) Notice that the Department's final adoption of the regulation or designation of the person's land as wetland has been filed among the land records under § 16-303 of this subtitle.
Grounds for declaring regulation or designation invalid
(b)(1) The court shall review the administrative record of the Department's promulgation of the regulation or designation of the person's land as wetland.
(2) The court shall declare the regulation or designation invalid if the court finds that:
(i) The regulation or designation violates any provision of the United States or Maryland Constitution;
(ii) The regulation or designation exceeds the statutory authority of the Department; or
(iii) The Department failed to comply with statutory requirements for adoption of the regulation or designation of the person's land as wetland.
Court to enter finding; recording finding
(c) If the court finds the regulation is invalid, the court shall enter a finding that the regulation does not apply to the petitioner. However, the finding may not affect any land other than that of the petitioner. The Secretary shall record a copy of the finding among the land records in the county.
Appeal to Court or Special Appeals
(d) The person who appealed to the circuit court or the Department may appeal the decision of the circuit court to the Court of Special Appeals.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1976, c. 472, § 30; Acts 1990, c. 6, § 2; Acts 1991, c. 50, § 1. Renumbered from Natural Resources § 9-305 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995.
Formerly Art. 66C, § 725.
MD Code, Environment, § 16-306, MD ENVIR § 16-306
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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