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Session Laws, 1969
Volume 692, Page 1328   View pdf image
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1328                             LAWS OF MARYLAND                       [CH. 563

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 758 of Article 66C of the Annotated Code of Maryland
(1967 Replacement Volume and 1968 Supplement), title "Natural
Resources," subtitle "Shore Erosion Control," be and it is hereby
repealed and that new Sections 757759 758A, inclusive, be and they
are enacted in lieu thereof, to stand in the place of the section repealed,

and that Section 12(a) of Article 96A of said Code (1964 Replace-

ment Volume and 1968 Supplement), title "Water Resources," subtitle
"Appropriation of Waters; Reservoirs and Dams," be and it is hereby
repealed and re-enacted, with amendments,
all to read as follows:

757.

(a)    Any owner of property abutting on any body of tidal water
in the State may file a written application with the Department of
Chesapeake Bay Affairs requesting State financial participation in
the cost of a shore erosion control project for the property. The
application shall be in a form, contain information, and be submitted
at a time the Department prescribes. Every application form shall
contain a notice warning the applicant that he will be responsible
for the maintenance, of any project after it has been constructed. A
copy of every application shall be sent to the Maryland Geological
Survey.

(b)    No project shall be approved unless (1) it lies within a
physiographic unit as established by the Department of Chesapeake
Bay Affairs
IN CONSULTATION WITH THE MARYLAND GEO-
LOGICAL SURVEY or within a shore erosion control district as
established under Sections 161 through 167E, inclusive, of Article 25
of this Code, as amended from time to time, or it meets the require-
ments of Section 758(b) of this Article, and (2) it has the concur-
rence of the Maryland Geological Survey
.

(c)    No physiographic unit project shall be approved unless all
property owners within the physiographic unit participate in the
planning, construction, and financing of the project, except that the
Department of Chesapeake Bay Affairs, with the concurrence of
IN
CONSULTATION WITH the Maryland Geological Survey, may ex-
clude any property owner within the physiographic unit from partici-
pation in the construction and financing of the project if this exclu-
sion will not materially affect the remainder of the project.

(d)    No project shall be approved unless payment of the non-
State share of cost is assured from sources other than the State.

(e)    The Maryland Geological Survey shall establish a schedule
of priorities for shore erosion control projects and, upon the approval
of any application by the Department of Chesapeake Bay Affairs
and the Survey, assign a priority to it. The schedule of priorities