1906

LAWS OF MARYLAND

Ch. 691

THE GOVERNOR AND GENERAL ASSEMBLY ON JANUARY 1 CONCERNING
THE PROGRESS OF THE IMPLEMENTATION OF THIS SUBTITLE. THE
REPORT MAY CONTAIN (1) RECOMMENDATIONS FOR IMPROVEMENTS
TO THE SUBTITLE, (2) ANY ACTIONS NEEDED TO IMPROVE
IMPLEMENTATION OF THE SUBTITLE, AND (3) ANY AMENDMENTS TO
THE FLOOD HAZARD AREA MAPS.

8-9A07.

(A)    ALL SUBDIVISIONS SHALL TAKE MEASURES TO
ENFORCE THE PROVISIONS OF THIS SUBTITLE WITHIN THEIR
JURISDICTIONS, INCLUDING THE ENACTMENT OF A LOCAL LAW
PRESCRIBING A CIVIL PENALTY NOT EXCEEDING $500 FOR EACH
DAY OF VIOLATION OF ANY LOCAL LAW IT ENACTS TO IMPLEMENT
THIS SUBTITLE. THE LOCAL LAW SHALL ALSO PROVIDE THAT
EACH DAY UPON WHICH A VIOLATION OCCURS CONSTITUTES A
SEPARATE OFFENSE. HOWEVER, THE TOTAL CIVIL PENALTY MAY
NOT EXCEED $10,000.

(B)    IF A SUBDIVISION FAILS TO ENFORCE ANY
PROVISION OF THIS SUBTITLE, INCLUDING ANY ORDINANCE OR
LOCAL LAW THE SUBDIVISION ENACTS PURSUANT TO IT, OR IF
THE SUBDIVISION DOES NOT POSSESS THE AUTHORITY TO ENFORCE
A VIOLATION OF THIS SUBTITLE, THE DEPARTMENT MAY REQUEST
THE ATTORNEY GENERAL TO TAKE APPROPRIATE LEGAL ACTION TO
CORRECT THE VIOLATION.

(C)    THE COURT EXERCISING EQUITY JURISDICTION IN
THE COUNTY WHERE THE LAND OR ANY PART OF THE LAND OR
WATER COVERED BY THIS SUBTITLE IS LOCATED MAY RESTRAIN
ANY VIOLATION OF THIS SUBTITLE, OR ORDER THE ABATEMENT OF
A CONDITION RESULTING FROM ANY VIOLATION AND ORDER THE
RESTORATION OF LANDS AND WATERS TO THE CONDITION EXISTING
PRIOR TO THE VIOLATION, IN AN ACTION BROUGHT BY A
SUBDIVISION AFFECTED BY THE VIOLATION, THE DEPARTMENT OR
ANY AUTHORIZED UNIT OR OFFICER OF THE DEPARTMENT.

8-9A08.

BY MUTUAL AGREEMENT, THE DEPARTMENT SHALL DELEGATE
ALL OR PART OF ITS RESPONSIBILITIES UNDER THIS SUBTITLE
TO A SUBDIVISION IF THE DEPARTMENT DETERMINES THAT THE
SUBDIVISION HAS THE TECHNICAL AND FINANCIAL RESOURCES TO
FULFILL THE RESPONSIBILITIES TO BE DELEGATED.

[[8-9A08]] 8-9A09.

THE PROVISIONS OF THIS SUBTITLE CONCERNING THE
AUTHORITIES OF THE DEPARTMENT AND THE SUBDIVISIONS OF THE
STATE WITH RESPECT TO FLOOD HAZARD MANAGEMENT ARE IN
ADDITION TO ANY OTHER PROVISION OF LAW.

[[8-9A09]] 8-9A10. FUNDING.

[[THE OPERATING BUDGET OF THE DEPARTMENT SHALL
CONTAIN A GENERAL FUND APPROPRIATION SUFFICIENT TO
PROVIDE THE]] ENGINEERING, TECHNICAL AND ADMINISTRATIVE
SERVICES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS