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2007 Laws of Maryland
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Ch. 114
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Article - Natural Resources
Section 4-1201(g) 4-1006.2
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
4-11A-05.
(a) (1) (I) The Department may lease in the name of the State, tracts or parcels of land beneath the waters of the State to residents of the State for
protecting, sewing, bedding, or cultivating oysters or other shellfish, subject to the
provisions of this [section] SUBTITLE.
(II) The Department may lease, in the name of the
State, tracts or parcels of land beneath the waters of the
Chesapeake Bay and its tributaries to residents of the State for
oyster restoration, subject to the provisions of this subtitle.
(III) These submerged lands when leased shall be known as
leased oyster bottoms.
(b) (1) The Department may not lease any of the submerged areas of the
State within the jurisdictional boundaries of Dorchester, Kent, Queen Anne's,
Somerset and Talbot counties for oyster RESTORATION OR cultivation. The
Department also may not lease any of the submerged areas of the State in the
tidewater tributaries of Charles County, except the Patuxent River, for oyster
restoration OR cultivation. This subsection does not affect any existing lease in
Somerset County made prior to and effective on June 1, 1952; any lease in Dorchester
County made prior to and effective on June 1, 1957; in Charles County made prior to
and effective on July 1, 1968 and in Kent, Queen Anne's and Talbot counties made
prior to July 1, 1973. This subsection also does not prevent any lessee from renewing,
assigning, devising by will or prohibit the descendents of any lessee, his heirs, or next
of kin, from inheriting rights by the operation of the laws of descent and distribution.
If an existing lease does not provide for renewal, the Department may grant renewal
when the lease terminates unless good cause to the contrary is shown. However, a
person may not lease more acreage than now authorized by law regardless of the
manner in which the lease or the rights under the lease are obtained.
(2) the department may lease a submerged area of the
State for oyster restoration only;
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