1150                           LAWS OF MARYLAND                     [CH. 752

twenty-five (25) feet of the intersection of the established bottom
and the heel of the embankment, provided the slope of such excavation
is no steeper than the slope of the upstream face of the embankment.
The drainage area contributory to or diverted to the pond shall not
exceed one hundred fifty (150) acres. The dam or embankment shall
have a minimum free board of one (1) foot above the water elevation
in the reservoir under design storm conditions; a wave height analysis
shall be made for ponds with a water surface area greater than 60,000
square feet and the minimum free board increased if necessary for
safety. Any limitation on contributing watershed area, depth of
water, and water surface shall not be construed to apply to impound-
ments created entirely by excavation below the existing ground level,
these being known generally as dug out ponds. The dam or embank-
ment forming the pond shall not be closer than five hundred feet to a
place for human habitation or public road so situated as to be en-
dangered by the breaking or failure of the dam or embankment.

Prior consent in writing for the construction of any such farm pond
shall be obtained from all abutting property owners within a distance
of five hundred feet downstream from the dam or embankment.
Copies of such consents and of the location and construction plans
and specifications of the dam or embankment shall be filed with the
Department before the construction thereof is commenced. Any pro-
posed construction or change which would increase the possible depth
of water at the spillway level of an existing farm pond, or which
Would increase the water surface area of any existing farm pond,
shall be subject to the procedures and requirements specified in this
sub-section. Notice of the proposed removal or destruction of any
such dam or embankment shall be sent to the Department at least
thirty days in advance thereof.

(c) In addition to, and not in substitution of, the foregoing pro-
visions of this section, nothing in this section shall be construed to
extend to or affect in any way "ponds" constructed as farm ponds
except as in this sub-section provided.

A pond constructed under the provisions of this sub-section shall
not have a normal water surface area in excess of [five] twelve
acres at the crest elevation of the mechanical spillway [level]; nor
shall it have a [maximum] normal depth of water in excess of
fifteen (15) feet [at the spillway level of the dam or embankment]
at the crest of the mechanical spillway, the measurement to be up-
ward from the original stream bed at the point of the dam or em-
bankment. However, excavation for additional water capacity is
permitted to any depth at any location in the pond, other than within
twenty-five (25) feet of the intersection of the established bottom
and heel of the embankment, provided the slope of [the] such exca-
vation [from a line of twenty-five (25) feet upstream from the heel
of the embankment, to the maximum depth, shall not exceed one
vertical foot for each six horizontal feet.] is no steeper than the up-
stream face of the embankment.

The contributory drainage area for an impoundment constructed
across a waterway shall not be in excess of four hundred (400)
acres in any portion of the State northerly and westerly from the
main line tracks of the Baltimore and Ohio Railroad Company be-
tween the District of Columbia and the State of Delaware (en route
to Wilmington, Delaware); and the contributory drainage area shall
not be in excess of seven hundred (700) acres in any portion of