WM. PRESTON LANE, JR., GOVERNOR 385

structure for the impounding of water over non-tidal swamp
lands for the propagation of muskrats.

(b) Nothing in this section shall be construed to extend
to or affect in any way "farm ponds'" constructed for purposes
of soil-conservation, propagation of fish, watering of stock,
and fire protection, except as in this sub-section provided.
Farm ponds in order to be exempt shall be formed by the con-
struction of an all-earth dam or embankment with an all-
earth spillway; the possible depth of water at the spillway
level of the dam or embankment shall not exceed nine (9)
feet; the water surface area of the pond at the spillway level
shall not exceed 60,000 square feet; the drainage area con-
tributory to or diverted to the pond shall not exceed one hun-
dred acres; the dam or embankment forming the pond shall
not be closer than five hundred feet to a place for human
habitation or public road so situated as to be endangered by
the breaking or failure of the dam or embankment.

Prior consent in writing for the construction of any such
farm pond shall be obtained from all abutting property owners
within a distance of five hundred feet downstream from the
dam or embankment. Copies of such consents and of the
location and construction plans and specifications of the dam
or embankment shall be filed with the Commission before the
construction thereof is commenced. Any proposed construc-
tion or change which would increase the possible depth of
water at the spillway level of an existing farm pond, or which
would increase the water surface area of any existing farm
pond, shall be subject to the procedures and requirements
specified in this sub-section. Notice of the proposed removal
or destruction of any such dam or embankment shall be sent
to the Commission at least thirty days in advance thereof.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1950.

Approved March 28, 1950.

CHAPTER 73
(House Bill 15)

AN ACT to repeal and re-enact, with amendments, Section
30 of Article 5 of the Annotated Code of Maryland (1939

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike-out indicates matter stricken out of bill.
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