§ 16-501. Penalties and fines
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 16-501
§ 16-501. Penalties and fines
(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.
(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.
(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.
(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.
(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.
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 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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