652                                     LAWS OF MARYLAND                              Ch. 274

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 5-118 of Article 21 of the Annotated Code of
Maryland (1966 Replacement Volume and 1972 Interim Supplement), title "Real
Property," subtitle "Rules of Construction," is hereby repealed and re-enacted,
with amendments, to read as follows:

5-118.

[(a) Every grant, bequest, gift, devise or dedication, or reservation of any
interest, use, easement, right, or estate in property to or for the Maryland
Historical Trust or the Maryland Environmental Trust which is otherwise valid
shall be valid and effectual at law and in equity notwithstanding the fact that the
trusts may neither be a party to the instrument so granting, giving, dedicating or
estate or interest in property which is, in fact, dominant with regard to the interest,
use, easement, right or estate granted, given, dedicated, or reserved.]

(A) ANY RESTRICTION, PROHIBITING OR LIMITING THE USE OF
WATER OR LAND AREAS, OR ANY IMPROVEMENT OR
APPURTENANCE THERETO, FOR ANY OF THE PURPOSES LISTED
HEREIN, WHETHER DRAFTED IN THE FORM OF AN EASEMENT,
COVENANT, RESTRICTION OR CONDITION, SHALL CREATE AN
INCORPOREAL PROPERTY INTEREST IN THE WATER OR LAND
AREAS, OR THE IMPROVEMENT OR APPURTENANCE THERETO, SO
RESTRICTED, WHICH SHALL BE ENFORCEABLE IN BOTH LAW AND
EQUITY AS A LEGAL EASEMENT AGAINST SUCH WATER OR LAND
AREAS, OR THE IMPROVEMENT OR APPURTENANCE THERETO,
PROVIDED SUCH RESTRICTION HAS BEEN EXECUTED IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE FOR
THE EXECUTION OF DEEDS OR ARTICLE 93 FOR THE EXECUTION
OF WILLS. SAID PURPOSES ARE:

(1).           CONSTRUCTION,           PLACEMENT,          PRESERVATION,

MAINTENANCE IN A PARTICULAR CONDITION, ALTERATION,
REMOVAL, OR DECORATION OF BUILDINGS, ROADS, SIGNS,
BILLBOARDS OR OTHER ADVERTISING, UTILITIES OR OTHER
STRUCTURES ON OR ABOVE THE GROUND.

(2). DUMPING OR PLACING OF SOIL OR OTHER SUBSTANCE OR
MATERIAL AS LANDFILL, OR DUMPING OR PLACING OF TRASH,
WASTE OR OTHER MATERIALS.

(3). EXCAVATION, DREDGING OR REMOVAL OF LOAM, PEAT,
GRAVEL, SOIL, ROCK OR OTHER MATERIAL SUBSTANCE IN SUCH
MANNER AS TO AFFECT THE SURFACE OR TO OTHERWISE ALTER
THE TOPOGRAPHY OF THE AREA.

(4). REMOVAL OR DESTRUCTION OF TREES, SHRUBS OR OTHER
VEGETATION.

(5). SURFACE USE EXCEPT FOR PURPOSES OF PRESERVING THE
WATER OR LAND AREAS, OR THE IMPROVEMENT OR
APPURTENANCE THERETO.

(6). ACTIVITIES AFFECTING DRAINAGE, FLOOD CONTROL, WATER
CONSERVATION, EROSION CONTROL OR SOIL CONSERVATION, OR
FISH AND WILDLIFE HABITAT PRESERVATION, OR