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§ 8-708. Waterway Improvement Fund; finance of projects

West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2022

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 7. State Boat Act (Refs & Annos)
Effective: June 1, 2022
MD Code, Natural Resources, § 8-708
§ 8-708. Waterway Improvement Fund; finance of projects
Currentness
Projects financed solely by Waterway Improvement Fund
(a)(1) Except as provided in § 8-708.1 of this subtitle, projects for dredging and marking channels and harbors, construction of jetties and breakwaters, and clearing debris, aquatic vegetation, and obstructions in navigable waters, as well as construction of marine facilities located within lands owned by the Department and construction of pump-out stations for use by the general boating public at public and private marinas, shall be financed solely by the Waterway Improvement Fund.
(2) Any funds available from the federal government, any governing body, or any gift also may be used for the purposes included in paragraph (1) of this subsection.
Marine facilities beneficial to boating public
(b)(1) Except for the construction of pump-out stations for use by the general boating public at public and private marinas, the governing body and the Waterway Improvement Fund jointly shall finance projects to construct marine facilities beneficial to the boating public.
(2) Except as provided in paragraph (3) of this subsection, the contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each project.
(3) The Waterway Improvement Fund may finance completely any construction project beneficial to the boating public which costs $250,000 or less, regardless of its location.
Share of costs paid by governing body
(c)(1) The governing body shall pay its share of matching projects under subsection (b) of this section or shall repay the Waterway Improvement Fund for any loan authorized under subsection (d) of this section either by:
(i) Means of appropriations from general funds; or
(ii) Levying a special assessment or tax against each property owner whose property lies within the district.
(2) The governing body may accept and use any gift for the cost of any project as part of the governing body's share of any matching fund project.
(3) Any special assessment or tax levied by Anne Arundel County under paragraph (1)(ii) of this subsection may not apply to property that is exempt from taxation under Title 7, Subtitle 2 of the Tax--Property Article.
Interest-free loans from Waterway Improvement Fund
(d) In addition to the methods of financing provided in subsections (a) and (b) of this section, a governing body may borrow interest-free funds from the Waterway Improvement Fund for a waterway improvement project within a waterway improvement district. However, the amount borrowed from the Waterway Improvement Fund for these districts may not exceed 21% of the total attained revenue of the Waterway Improvement Fund from the previous fiscal year. A single project may not exceed 7% of the total attainment. The governing body shall repay the funds at a uniform rate over a period not to exceed 25 years as provided by agreement between the State and the governing body.
Limits to contribution of Waterway Improvement Fund
(e) The contribution of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of each acquisition, and the total amount of funds expended in any fiscal year for acquisitions and projects specified in § 8-707(a)(8) and (10) of this subtitle may not exceed the amount of the motor fuel tax revenue paid to the Waterway Improvement Fund in the preceding fiscal year, as provided for in § 2-1104 of the Tax--General Article.
Amortization and payment of interest on bonds
(f) Notwithstanding any other provision of this subtitle, funds deposited in the Waterway Improvement Fund may be used for amortization and payment of interest on bonds issued for financing projects authorized under this subtitle.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, c. 624; Acts 1978, c. 983, §§ 1, 2; Acts 1979, c. 302; Acts 1980, c. 567; Acts 1981, c. 595; Acts 1983, c. 8; Acts 1988, c. 110, § 1; Acts 1988, c. 307; Acts 1988, c. 461; Acts 1988, c. 551; Acts 1989, c. 690; Acts 1990, c. 6, § 2; Acts 1995, c. 430, § 1, eff. Oct. 1, 1995; Acts 2001, c. 271, § 1, eff. Oct. 1, 2001; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2015, c. 22, § 5; Acts 2019, c. 272, § 1, eff. July 1, 2019; Acts 2022, c. 98, § 1, eff. June 1, 2022; Acts 2022, c. 99, § 1, eff. June 1, 2022.
Formerly Art. 14B, § 12G.
MD Code, Natural Resources, § 8-708, MD NAT RES § 8-708
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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