2798

LAWS OF MARYLAND

Ch. 966

(d)    In connection with its review and approval of the
requirements for storm drainage, the commission may require
the owner or owners to provide right of way or easement
areas for storm drainage facilities, and may require the
owner or owners to agree to construct the necessary
facilities or to provide for such construction by posting a
bond in an amount sufficient to construct the storm and
surface water drainage facilities deemed necessary by the
commission. In such connection, the commission may require
the owner's bond for the construction of facilities in
adjacent or nearby land in the same drainage area which the
commission may determine will be required subsequently by
reason of tie development of the first mentioned owner's
land. Easements and rights of way required by the
commission shall bear such restrictions as the commission
may require as to grading and a prohibition against the
location of structures, fences, or plantings in or on the
easement area. The Maryland—National Capital Park and
Planning Commission shall not approve any plat for
subdivision of land until it shall first ascertain from the
Washington Suburban Sanitary Commission whether or not
rights of way or easement areas for storm drainage
facilities are required, and if such rights of way or
easement areas are required the Maryland-National Capital
Park and Planning Commission shall not approve such plat for
recordation until and unless said easements or rights of way
are included thereon.

(e)    The commission is authorized to require the owner
of any land who is developing the same to enclose existing
drainage streams by means of approved drainage systems or
drains, whether located in dedicated streets or otherwise,
except in rural areas where side ditches or equivalents may
be permitted as specified by the commission. The commission
may further require the owner to provide performance and
maintenance bonds for the maintenance and operation of the
system until the same is taken over for maintenance by the
commission. The commission will take over for maintenance
and operation all storm drainage systems or parts thereof
which are constructed pursuant to its direction and in
accordance with approved plans. The commission may allow
open drainage to be carried in a natural undisturbed stream
or in open improved channels for the carrying of storm water
drainage. Where open improved channels are permitted,
however, the commission may require easement or right of way
areas and restrict such areas to the planting and
maintenance of grass.

(f)    The commission shall, from time to time as public
health, safety, convenience and economy require, make and
revise such rules and regulations not inconsistent with law
as it may deem necessary to enable it to carry out the
provisions of this section. The rules and regulations
promulgated hereunder and any revisions thereof shall be
adopted and promulgated in accordance with the procedures
specified by chapter 608 of the Laws of 1961, being section
[83-59 of this subtitle] 9-1 OF THIS CODE, including the