§ 16-201. Accretion to and improvement in front of land on navigable water
West's Annotated Code of MarylandEnvironmentEffective: October 1, 2008
Effective: October 1, 2008
MD Code, Environment, § 16-201
§ 16-201. Accretion to and improvement in front of land on navigable water
(a) A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person's land, to reclaim fast land lost by erosion or avulsion during the person's ownership of the land to the extent of provable existing boundaries. The person may make improvements into the water in front of the land to preserve that person's access to the navigable water or, subject to subsection (c), protect the shore of that person against erosion. After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached. A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land.
(b) The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978.
(c)(1) Improvements to protect a person's property against erosion shall consist of nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except:
(ii) Regulations adopted by the Department under subparagraph (i) of this paragraph shall include a waiver process that exempts a person from the requirements of paragraph (1) of this subsection on a demonstration to the Department's satisfaction that nonstructural shoreline stabilization measures are not feasible for the person's property.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1978, c. 791; Acts 1987, c. 388; Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 9-201 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts 2008, c. 304, § 1, eff. Oct. 1, 2008.
Formerly Art. 66C, § 720.
MD Code, Environment, § 16-201, MD ENVIR § 16-201
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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