Marvin Mandel, Governor                         545

Wetlands
In General
718.

It is declared that in many areas of the State much of the wetlands
have been lost or despoiled by unregulated dredging, dumping, filling,
and like activities, and that the remaining wetlands of this State
are in jeopardy of being lost or despoiled by these and other activi-
ties; that such loss or despoilation DESPOLIATION will adversely
affect, if not entirely eliminate, the value of such wetlands as sources
of nutrients to finfish, crustacea and shellfish of significant economic
value; that such loss or despoilation DESPOLIATION will destroy
such wetlands as habitats for plants and animals of significant eco-
nomic value and will eliminate or substantially reduce marine com-
merce, recreation and aesthetic enjoyment; and that such loss or
despoliation DESPOLIATION will, in most cases disturb the natural
ability of tidal wetlands to reduce flood damage and adversely affect
the public health and welfare; that such loss or despoilation DE-
SPOLIATION will substantially reduce the capacity of such wetlands
to absorb silt and will thus result in the increased silting of channels
and harbor areas to the detriment of free navigation. Therefore, it

is declared to be the public policy of this State to preserve the

wetland and to prevent the despoilation and destruction thereof.
THEREFORE, IT IS DECLARED TO BE THE PUBLIC POLICY
OF THIS STATE, TAKING INTO ACCOUNT VARYING ECO-
LOGICAL, ECONOMIC, DEVELOPMENTAL, RECREATIONAL
AND AESTHETIC VALUES, TO PRESERVE THE WETLANDS
AND TO PREVENT THE DESPOLIATION AND DESTRUCTION
THEREOF.

719.

(a)    "State wetlands" means all land under the navigable waters
of the State below the mean high tide, which is affected by the
regular rise and fall of the tide. Such wetlands, which have been
transferred by the State by a valid grant, lease or patent or a grant
confirmed by Article 5 of the Declaration of Rights of the Consti-
tution of Maryland, shall be considered "private wetland" to the
extent of the interest so transferred.

(b)    "Private wetlands" means all lands not considered "State
wetlands" bordering on or lying beneath tidal waters, which are
subject to regular or periodic tidal action and which support aquatic
growth. These include wetlands, which have been transferred by
the State by a valid grant, lease or patent or a grant confirmed by
Article 5 of the Declaration of Rights of the Constitution of Mary-
land, to the extent of the interest so transferred.

(c)    "Dredging" means the removal or displacement by any means
of soil, sand, gravel, shells or other material, whether of intrinsic
value or not, from State or private wetlands affected by the regular
ebb and flow of the tide.

(d)    "Filling" means either the displacement of navigable waters
by the deposition into wetlands affected by the regular ebb and flow
of the tide of soil, sand, gravel, shells or other material; or the
artificial alteration of navigable water levels by physical structures,
drainage ditches or otherwise.