1198                                       LAWS OF MARYLAND                            [Ch. 4

(A) APPLICATION FOR ASSISTANCE IN PROJECT.--THE

OWNER OF ANY PROPERTY ABUTTING ON ANY BODY OF WATER IN
THE STATE MAY FILE A WRITTEN APPLICATION WITH THE
DEPARTMENT REQUESTING STATE ASSISTANCE IN THE DESIGN,
CONSTRUCTION, AND FINANCING OF A SHORE EROSION CONTROL
PROJECT FOR THE PROPERTY. THE APPLICATION SHALL BE IN
A FORM AND CONTAIN INFORMATION THE DEPARTMENT
PRESCRIBES. EACH APPLICATION FORM SHALL CONTAIN A
NOTICE WARNING THAT THE APPLICANT IS RESPONSIBLE FOR
MAINTENANCE OF ANY PROJECT AFTER IT IS CONSTRUCTED.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 757(a) of the Code.
The only changes made are in style.

(E) LOCATION OF PROJECT.—A PROJECT MAY NOT BE
APPROVED UNLESS IT LIES WITHIN A PHYSIOGRAPHIC UNIT
ESTABLISHED BY THE DEPARTMENT; IS WITHIN A SHORE
EROSION CONTROL DISTRICT ESTABLISHED UNDER ARTICLE 25,
§§ 161 - 167E, INCLUSIVE, OF THE CODE, OR IS OF A
NATURE THAT ITS INCLUSION WITHIN A PHYSIOGRAPHIC UNIT
OR SHORE EROSION CONTROL DISTRICT IS NEITHER NECESSARY
NOR FEASIBLE IN THE DEPARTMENT'S JUDGMENT.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 757 (b) of the Code.
The only changes made are in style.

(C)     PARTICIPATION OF EVERY PROPERTY OWNER
REQUIRED FOR APPROVAL OF PHYSIOGRAPHIC UNIT
PROJECT.—A PHYSIOGRAPHIC UNIT PROJECT MAY NOT BE
APPROVED UNLESS EVERY PROPERTY OWNER WITHIN THE
PHYSIOGRAPHIC UNIT PARTICIPATES IN PLANNING,
CONSTRUCTION, AND FINANCING OF THE PROJECT. HOWEVER,
THE DEPARTMENT MAY EXCLUDE ANY PROPERTY OWNER WITHIN
THE PHYSIOGRAPHIC UNIT IF THIS EXCLUSION DOES NOT
AFFECT MATERIALLY THE REMAINDER OF THE PROJECT.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 757(c) of the Code.
The only changes made are in style.

(D)    SCHEDULE OF PRIORITIES FOR PROJECTS.—THE
DEPARTMENT SHALL ESTABLISH A SCHEDULE OF PRIORITIES
FOR SHORE EROSION CONTROL PROJECTS, AND UPON APPROVAL
OF AN APPLICATION, ASSIGN THE PROJECT TO A PRIORITY
LIST NUMBER. THE SCHEDULE SHALL TAKE INTO
CONSIDERATION THE RATE OF EROSION, AMOUNT OF SILT
BEING DEPOSITED IN THE WATERS INVOLVED, DATE OF
DEPARTMENT'S APPROVAL, NATURE AND AMOUNT OF PUBLIC
BENEFITS PROVIDED BY THE PROJECT, AND ANY OTHER