Marvin Mandel, Governor                       1309

ceeding shall be held in the county in which the land is located, and
the Board shall view the land in question. If such person is dissatis-
fied with the decision of the Board, he may, within thirty days after
receiving notice thereof, petition the circuit court in the county in
which the land is located to determine whether such rules or regula-
tions so restrict the use of his property as to deprive him of the
practical uses thereof and are therefore an unreasonable exercise of
the police power, because the order constitutes the equivalent of a
taking without compensation. The court in a jury trial at the election
of either party shall hear the case de novo without the right of
removal and the appeal shall not be subject to the provisions of the
Administrative Procedure Act. In weighing the appropriate exercise
of the police power, the court shall consider the importance of the
land to marine life, shellfish, wildlife, prevention of siltation, floods
and other natural disasters, the public health and welfare, and the
public policy set forth in this subheading. If the court finds the ruling
to be an unreasonable exercise of the police power, as aforesaid, the
court shall enter a finding that such ruling shall not apply to the land
of the petitioner; provided, however, that such finding shall not
affect any other land than that of the petitioner. The Secretary shall
cause a copy of such finding to be recorded forthwith in the land
records. The decision of the Circuit Court may be appealed by either
party to the Court of Appeals.

726.

Any person proposing to conduct an activity upon any wetland
which is not permitted by rules and regulations adopted under the
provisions of Section 722 shall file an application for a permit with
the Secretary, in such form and with such information as the Secre-
tary may prescribe. Such application shall include a detailed descrip-
tion of the proposed work and a map showing the areas of wetland
directly affected, with the location of the proposed work thereon,
together with the names of the owners of record of adjacent land
and known claimants of water rights in or adjacent to the wetland
of whom the applicant has notice. Within thirty days of receipt of
an application, the Secretary shall notify the applicant, in writing, of
the extent of State wetlands involved in the proposed activity and
indicate the method of compliance with the license requirements of
Section 721 of this subtitle. If the applicant claims that any part of
the designated State wetlands is private wetlands by virtue of the
existence of a valid grant, lease, or patent, or a grant confirmed by
Article 5 of the Declaration of Rights of the Constitution of Mary-
land, the Secretary of Natural Resources shall investigate and deter-
mine the validity of such claim and shall notify the applicant of his
determination. If, within thirty days after receipt of the Secretary's
determination, the applicant files with the Secretary a written objec-
tion to the determination, the Secretary shall promptly institute an
appropriate proceeding in a court of competent jurisdiction to deter-
mine whether the lands covered by the application, or part thereof
in dispute, are State or private wetlands. COST OF THE PROCEED-
ING SHALL BE BORNE BY THE STATE. The Secretary shall cause
a copy of such application to be mailed to the chief administrative
officer in the county or counties where the proposed work or any part
thereof is located. No sooner than thirty days and not later than sixty
days after receipt of such application, the Secretary or his duly
designated hearing officer shall hold a public hearing in the county
where the land is located on such application, EXCEPTED, HOW-