MARVIN MANDEL, Governor

1751

the area affected in the manner provided by this
subtitle; or

(ix) Dredging from submerged public or
private lands in the State if this activity is conducted
under a license from the State Board of Public Works or
by permit from the Department, as provided for in Title 9
of this article.

[(u)] (V) "Tract" means a single parcel of land or
two or more contiguous parcels of land with common
ownership.

7-6A07.

(d) (1) Right of entry. —[The] EXCEPT AS
[[PROVIDED IN]] WAIVED BY THE PROVISIONS OF PARAGRAPH (3)
OF THIS SUBSECTION, THE application shall be accompanied
by an agreement, in a form specified by the Department,
signed by the applicant and the landowner, if he is a
different person from the operator, stating that:

(i) The Department may enter the land,
after making a reasonable effort to notify the operator
or owner, at any reasonable time during the term of the
permit and for an additional period of five years
following the expiration of the permit to inspect the
condition of the land, and while on the property,
Department personnel shall comply with all government
regulations; and

(ii) If a bond forfeiture is ordered,
the Department, its representatives, and contractors may
enter the land and take actions necessary to carry out
reclamation which the operator has failed to complete.

(2)    Mining and reclamation plan. —The
application shall be accompanied by a mining and
reclamation plan and map which meets the requirements of
§ 7-6A19 of this subtitle. No permit may be issued until
the plan is approved by the Department.

(3)    THE DEPARTMENT MAY WAIVE THE
REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION IF A
CONTRACT BETWEEN THE APPLICANT AND THE LANDOWNER, IF HE
IS A DIFFERENT PERSON FROM THE OPERATOR, WAS [[SWORN]]
ENTERED INTO BEFORE JULY 1, 1974.

7-6A31.

(b) [The] ANY OR ALL OF THE provisions of this
subtitle do not apply in any county if the Secretary
determines that the county laws are as restrictive as the

provisions of this subtitle with respect to regulating

surface mining, reclamation and revegetation procedures,
abandoned areas, and bonding requirements.