760                                             LAWS OF MARYLAND                            [Ch. 91

AND BORDERED ON THE WEST BY A LINE WHICH COINCIDES, MORE
OR LESS, WITH THE WEST CREST OF THE EXISTING NATURAL DUNE
ON ASSATEAGUE ISLAND, AND IN OCEAN CITY, IS A MUTUALLY
APPROVED LINE TO BE KNOWN AS THE STATE-OCEAN CITY
BUILDING LIMIT LINE WHICH COINCIDES, MORE OR LESS, WITH
THE EXISTING OCEAN CITY BUILDING LIMIT LINE AND ON
OCCASION MAY COINCIDE WITH THE CREST OF THE LITTORAL
SYSTEM. THE DEPARTMENT, AFTER SURVEYING, [[PLATING]]
PLATTING AND RECORDING THE STATE-OCEAN CITY BUILDING
LIMIT LINE, HAS THE AUTHORITY TO DESCRIBE BY REGULATION
THE STATE-OCEAN CITY BUILDING LIMIT LINE. THE DEPARTMENT
SHALL PERFORM THE SURVEY, PLATING AND RECORDING AT ITS
OWN EXPENSE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS
ACT.

(B) FOR THE PURPOSES OF MAINTAINING THE ATLANTIC
COAST BEACHES OF THE STATE AND THE BEACH EROSION CONTROL
DISTRICT, THE INTEGRITY AND CONTINUITY OF THE DUNAL
SYSTEM AND ASSURING ADEQUATE MAINTENANCE THEREOF, TO
PROVIDE FOR SHORE EROSION AND SEDIMENT CONTROL AND STORE
PROTECTION, AND TO MINIMIZE STRUCTURAL INTERFERENCE WITH
THE LITTORAL DRIFT OF SAND AND ANY ANCHORING VEGETATION,
ANY LAND CLEARING, CONSTRUCTION ACTIVITY, OR THE
CONSTRUCTION OR PLACEMENT OF PERMANENT STRUCTURES WITHIN
THE BEACH EROSION CONTROL DISTRICT IS PROHIBITED. THIS
PROHIBITION DOES NOT APPLY TO ANY PROJECT OR ACTIVITY
APPROVED BY THE DEPARTMENT AND THE APPROPRIATE SOIL
CONSERVATION DISTRICT SPECIFICALLY FOR STORM CONTROL,
BEACH EROSION AND SEDIMENT CONTROL, AND MAINTENANCE
PROJECTS DESIGNED TO BENEFIT THE BEACH EROSION CONTROL
DISTRICT.

(C)    IF THE PROHIBITIONS IMPOSED FOR THE BEACH
EROSION CONTROL DISTRICT WOULD CONSTITUTE A TAKING OF A
PROPERTY RIGHT WITHOUT JUST COMPENSATION IN VIOLATION OF
THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION
OF MARYLAND, FUNDS UNDER PROGRAM OPEN SPACE MAY BE USED
TO PURCHASE OR OTHERWISE PAY FOR ANY PROPERTY TAKEN.

(D)    THE PROVISIONS OF THIS SECTION ARE IN ADDITION
TO THE PROVISIONS OF SECTION 8-1103 AND SECTION 8-1104.

SECTION [[2.]] 3. AND BE IT FURTHER ENACTED, That
this Act shall take effect July 1, 1975.

Approved April 1, 1975.

CHAPTER 92
(Senate Bill 1033)