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§ 16-501. Penalties and fines

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 16. Wetlands and Riparian Rights (Refs & Annos)
Subtitle 5. Penalties and Fines
MD Code, Environment, § 16-501
§ 16-501. Penalties and fines
Penalty for first offense
(a) Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $10,000, with costs imposed in the discretion of the court.
Penalty for second or subsequent offense
(b) Any person found guilty of a second or subsequent violation of any provision of this title, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $25,000, or imprisonment not exceeding 1 year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.
Violation of permit or license provision or regulation
(c) In addition to any administrative penalty provided in this title, violation of any provision of any permit or license issued under this title or of any regulation adopted by any unit within the Department under the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
Additional penalty
(d) Any person who knowingly violates any provision of this title is liable to the State for restoration of the affected wetland to its condition prior to the violation, if possible. The court shall specify a reasonable time for completion of the restoration.
Provisions of title enforceable against persons with actual notice
(e)(1) The provisions of this title are enforceable against any person charged with dredging or filling private wetlands without a permit, notwithstanding a defense that pertinent wetlands maps and regulations had not been properly filed among the land records, if the court finds that the person charged had actual notice of the applicable regulatory requirements before the person dredged or filled the private wetlands.
(2) This subsection shall apply only to dredging or filling activities occurring after July 1, 1981.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1976, c. 183, § 1; Acts 1981, c. 102; Acts 1984, c. 721; Acts 1988, c. 639; Acts 1989, c. 5, § 1; Acts 1989, c. 652, § 1; Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 9-601 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts 2003, c. 444, § 1, eff. Oct. 1, 2003; Acts 2004, c. 505, § 1, eff. Oct. 1, 2004.
Formerly Art. 66C, §§ 721, 730.
MD Code, Environment, § 16-501, MD ENVIR § 16-501
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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