MARVIN MANDEL, Governor                                 807

SECTION, THE PERSON MAY CLEAR THE SAFETY STRIPS OF
INFLAMMABLE MATERIAL WITHOUT LIABILITY FOR TRESPASS.
HOWEVER, THEY MAY NOT REMOVE OR DAMAGE ANY FENCE,
BUILDING, MERCHANTABLE TIMBER, OR LIVING TREES AS THE
OWNER DESIGNATES WITHOUT COMPENSATING HIM.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 377 of the Code.
The reference to "firm or corporation" is
proposed for deletion because it is
encompassed within definition of "person"
in Subtitle 1. The only other changes made
are in style.

(D) REQUIREMENT OF NOTICE TO AND PERMISSION OF
OWNER.—-(1) THE DEPARTMENT SHALL OBTAIN WRITTEN
PERMISSION OF THE ACTUAL OWNER OF ANY PROPERTY
INVOLVED IN CLEARING SAFETY STRIPS FOR THE ANNUAL
CLEARING PRESCRIBED BY THE PROVISIONS OF SUBSECTION
(A). THE NOTICE REQUESTING WRITTEN PERMISSION SHALL
BE MADE EITHER BY REGISTERED OR CERTIFIED MAIL
DIRECTED TO THE LAST KNOWN ADDRESS OF THE PROPERTY
OWNER OF RECORD, OR BY PERSONAL SERVICE ON HIM. (2)
IF THE OWNER OF RECORD IS NOT SERVED BY EITHER OF
THESE METHODS, THE DEPARTMENT SHALL PUBLISH A NOTICE
OF THE ANNUAL CLEARING BY THE FIRST DAY OF SEPTEMBER
OF EACH YEAR AT LEAST ONCE IN TWO PAPERS OF GENERAL
CIRCULATION IN THE COUNTY WHERE ALL OR A MAJOR PORTION
OF THE PROPERTY LIES. THE NOTICE SHALL QUOTE THE
PROVISIONS OF THIS SECTION. (3) IF THE OWNER DOES
NOT FILE AN OBJECTION TO THE CLEARING WITH THE
DEPARTMENT WITHIN 15 DAYS AFTER THE MAILING, PERSONAL
SERVICE, OR PUBLICATION OF NOTICE, THE OWNER SHALL BE
DEEMED TO GIVE CONSENT TO THE CLEARING, AND TO ENTRY
ON HIS PROPERTY FOR THIS PURPOSE. (4) IF THE OWNER
REFUSES HIS PERMISSION, OR IF HE TIMELY FILES AN
OBJECTION, THE DEPARTMENT MAY SERVE ON HIM, BY
PERSONAL SERVICE OR REGISTERED OR CERTIFIED MAIL, A
WRITTEN ORDER FOR THE OWNER TO CLEAR THE SAFETY STRIPS
WITHIN THE TIME PRESCRIBED IN SUBSECTION (A) OF THIS
SECTION IN THE MANNER THE DEPARTMENT DIRECTS. ANY
OWNER WHO FAILS TO COMPLY WITH THE ORDER WITHIN THE
PRESCRIBED TIME IS LIABLE TO THE FINE PROVIDED FOR IN
§ 5-714.

REVISOR'S NOTE: This subsection is new language
derived from Article 66C, section 378 of
the Code.

5-708. RIGHT OF ENTRY.