Ch. 6 LAWS OF MARYLAND

(12) [Promulgate rules and] ADOPT regulations to implement this subtitle.
8-1003.

(a) The owner of any property abutting on any body of water in the State may
file a written application with the Department requesting State assistance in the design,
construction, and financing of a shore erosion control project for the property. The
application shall be in a form and contain information the Department prescribes. Each
application form shall contain a notice warning that the applicant is responsible for
maintenance of any project after [it] THE PROJECT is constructed.

(b) A project may not be approved unless [it] THE PROJECT lies within a
physiographic unit established by the Department; is within a shore erosion control
district established under Article 25, §§ 161 [-] THROUGH 167E, inclusive, of the
Code, or is of a nature that [its] THE PROJECT'S inclusion within a physiographic
unit or shore erosion control district is neither necessary nor feasible in the
Department's judgment.

(d) The Department shall establish a schedule of priorities for shore erosion
control projects, and upon approval of an application, assign the project to a priority list
number. The schedule shall take into consideration the rate of erosion, amount of silt
being deposited in the waters involved, date of Department's approval, nature and
amount of public benefits provided by the project, and any other factors set forth in
[rules and] regulations the Department [promulgates] ADOPTS. If at any time the cost
of an approved project at the top of the priority list exceeds the unobligated balance of
the Fund, the Department may proceed with construction of a lower priority project.

8-1004.

(A) The operating budget of the Department shall contain a general fund
appropriation sufficient to provide technical and administrative services required to
implement §§ 8-1002 and 8-1003 of this subtitle, including but not limited to[,]:

(1) [review] REVIEW and evaluation of requests for assistance in shore
erosion control;

(2) [supervision] SUPERVISION over construction of approved projects;
and

(3) [inspection] INSPECTION of completed projects to insure adequate
maintenance.

(B) Costs of the services enumerated in this section:

(1) [are] ARE not considered part of the construction cost of the
project[,]; and

(2) [shall] SHALL be borne solely by the State.
8-1004. 1.

(a) Notwithstanding any other provision of this subtitle, to the extent that a

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