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2144                                   LAWS OF MARYLAND                                 Ch. 748

(a) (1) The department [shall] MAY resurvey [the] ANY
submerged [areas] AREA of the state to determine the
position and extent of any natural oyster or clam bar and
barren bottom. If the department finds, upon resurvey, that
ANY natural oyster or clam [bars are incorrectly] BAR IS
located INCORRECTLY on existing charts, or that the existing
charts do not reflect the actual condition of submerged
lands, the department shall amend THE existing charts or
prepare new charts. In addition, the department shall mark
as accurately as possible the correct location and bounds of
[all] EACH natural oyster or clam [bars] BAR, then existing
in the area being surveyed, on any amended or new [charts]
CHART.

(2) A RECLASSIFICATION OF SUBMERGED AREAS OF THE
STATE TO CLAM BARS MAY NOT BE MADE UNLESS AN ENVIRONMENTAL
IMPACT STUDY INDICATES THAT A HYDRAULIC CLAM DREDGE WILL NOT

IMPAIR THE BOTTOM OR ADVERSELY AFFECT OTHER MARINE LIFE.

THE ENVIRONMENTAL IMPACT STUDY SHALL BE PERFORMED. BY AN
INDEPENDENT PROFESSIONAL ORGANIZATION TO BE SELECTED BY THE
DEPARTMENT, WITH THE CONCURRENCE OF THE JOINT STANDING
COMMITTEE ON ADMINISTRATIVE, EXECUTIVE, AND LEGISLATIVE
REVIEW OF THE GENERAL ASSEMBLY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 29, 1979.

 

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Session Laws, 1979
Volume 737, Page 2144   View pdf image
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