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§ 8-1003. State assistance with shore erosion control projects

West's Annotated Code of MarylandNatural Resources

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 10. Shore Erosion Control (Refs & Annos)
MD Code, Natural Resources, § 8-1003
§ 8-1003. State assistance with shore erosion control projects
Application for assistance
(a) The owner of any property abutting on any body of water in the State may file a written application with the Department requesting State assistance in the design, construction, and financing of a shore erosion control project for the property. The application shall be in a form and contain information the Department prescribes. Each application form shall contain a notice warning that the applicant is responsible for maintenance of any project after the project is constructed.
Criteria for approval
(b) A project may not be approved unless the project lies within a physiographic unit established by the Department, is within a shore erosion control district established under Title 21, Subtitle 2 or Subtitle 3 of the Local Government Article, or is of a nature that the project's inclusion within a physiographic unit or shore erosion control district is neither necessary nor feasible in the Department's judgment.
Participation of property owner in project
(c) A physiographic unit project may not be approved unless every property owner within the physiographic unit participates in planning, construction, and financing of the project. However, the Department may exclude any property owner within the physiographic unit if this exclusion does not affect materially the remainder of the project.
Schedule of priorities
(d) The Department shall establish a schedule of priorities for shore erosion control projects, and upon approval of an application, assign the project to a priority list number. The schedule shall take into consideration the rate of erosion, amount of silt being deposited in the waters involved, date of Department's approval, nature and amount of public benefits provided by the project, and any other factors set forth in regulations the Department adopts. If at any time the cost of an approved project at the top of the priority list exceeds the unobligated balance of the Fund, the Department may proceed with construction of a lower priority project.
Cash contribution of property owner
(e) The property owner's cash contribution shall be placed in escrow immediately after a construction contract is awarded but before construction begins.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1990, c. 6, § 2; Acts 2000, c. 61, § 7, eff. April 25, 2000; Acts 2013, c. 43, § 5.
Formerly Art. 66C, §§ 756A, 757.
MD Code, Natural Resources, § 8-1003, MD NAT RES § 8-1003
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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