548                                 Laws of Maryland                         Ch. 241

to be published at least once not more than thirty days and not fewer
than ten days before the date set for such hearing in a newspaper
or newspapers published within and having a general circulation
in the county or counties where such wetlands are located. After
considering the testimony given at such hearing and any other facts
which may be deemed pertinent and after considering the rights of
affected property owners and the purposes of this subheading, the
Secretary shall establish by order the bounds of each of such wet-
lands and the rules and regulations applicable thereto. A copy of
the order, together with a copy of the map depicting such boundary
lines, shall be filed among the land records in all counties affected
after final appeal of such, if any, has been completed. The Secretary
shall give notice of such order to each owner of record of all lands
designated as such wetlands by mailing a copy of such order to
such owner by registered mail. The Secretary shall also cause a
copy of such order to be published in a newspaper or newspapers
published within and having a general circulation in the county or
counties where such wetlands are located.

725.

Any person having a recorded interest in land affected by any such
rules and regulations, may appeal the rules and regulations and the
designation of his land within the inventory to the Board of Review
of the Department of Natural Resources as provided by Section 237
of Article 41 of the Annotated Code. This proceeding shall be held
in the county in which the land is located, and the Board shall view
the land in question. If such person is dissatisfied with the decision
of the Board, he may, within ninety THIRTY days after receiving
notice thereof, petition the circuit court in the county in which the
land is located to determine whether such rules or regulations so re-
strict the use of his property as to deprive him of the practical uses
thereof and are therefore an unreasonable exercise of the police
power, because the order constitutes the equivalent of a taking with-
out compensation. The court in a jury trial at the election of either
party shall hear the case de novo without the right of removal and
the appeal shall not be subject to the provisions of the Administrative
Procedure Act. In weighing the appropriate exercise of the police
power, the court shall consider the importance of the land to marine
life, shell fish, wildlife, prevention of siltation, floods and other
natural diseasters DISASTERS, the public health and welfare, and
the public policy set forth in this subheading. If the court find the
ruling to be an unreasonable exercise of the police power, as afore-
said, the court shall enter a finding that such ruling shall not apply
to the land of the petitioner; provided, however, that such finding
shall not affect any other land than that of the petitioner. The Secre-
tary shall cause a copy of such finding to be recorded forthwith in the
land records. The decision of the Circuit COURT may be appealed
by either party to the Court of Appeals.

726.

Any person proposing to conduct an activity not permitted upon
any wetland UPON ANY WETLAND WHICH IS NOT PER-
MITTED BY RULES AND REGULATIONS ADOPTED UNDER
THE PROVISIONS OF SECTION 722 shall file an application for
a permit with the Secretary, in such form and with such in-