264                                               LAWS OF MARYLAND                              [Ch. 12

2-118. CONSERVATION EASEMENTS.

(A)    CREATION AND ENFORCEMENT OF CONSERVATION
EASEMENTS FOR CERTAIN PURPOSES.

ANY RESTRICTION PROHIBITING OR LIMITING THE USE OF
WATER OR LAND AREAS, OR ANY IMPROVEMENT OR APPURTENANCE
THERETO, FOR ANY OF THE PURPOSES LISTED IN SUBSECTION (B)
WHETHER DRAFTED IN THE FORM OF AN EASEMENT, COVENANT,
RESTRICTION, OR CONDITION, CREATES AN INCORPOREAL
PROPERTY INTEREST IN THE WATER OR LAND AREAS, OR THE
IMPROVEMENT OR APPURTENANCE THERETO, SO RESTRICTED, WHICH
IS ENFORCEABLE IN BOTH LAW AND EQUITY IN THE SAME MANNER
AS AN EASEMENT OR SERVITUDE WITH RESPECT TO THE WATER OR
LAND AREAS, OR THE IMPROVEMENT OR APPURTENANCE THERETO,
IF THE RESTRICTION IS EXECUTED IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE FOR THE EXECUTION OF DEEDS
OR THE ESTATES AND TRUSTS ARTICLE FOR THE EXECUTION OF
WILLS.

(B)   PURPOSES.

A RESTRICTION AS PROVIDED IN SUBSECTION (A) MAY BE
FOR ANY OF THE FOLLOWING PURPOSES:

(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
A MANNER AS TO AFFECT THE SURFACE OR 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, SOIL
CONSERVATION, OR FISH OR WILDLIFE HABITAT PRESERVATION;
OR

(7)  OTHER ACTS OR USES HAVING ANY RELATION TO
THE PRESERVATION OF WATER OR LAND AREAS OR THE