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Session Laws, 1980
Volume 739, Page 1238   View pdf image
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1238

LAWS OF MARYLAND

Ch. 352

assist the Department, the subdivisions shall provide the
Department with information on local development, changes in
land use, and other physical changes. The Department is the
depository for all flood-related data and activities with
regard to the provisions of § 8-9A-[05]03.

(c)  The Department periodically shall review the maps
of [interim flood hazard areas and] flood hazard areas and
local activities undertaken pursuant to this subtitle to
determine whether its provisions are being adhered to.

(d)  The Department shall report every two years to the
Governor and General Assembly on January 1 concerning the
progress of the implementation of this subtitle. The report
may contain [(1)] recommendations for (1) IMPROVEMENTS TO
the subtitle, (2) [any] actions needed to improve
implementation of the subtitle, and (3) [any] amendments to
the flood hazard area maps.

8-9A-[07]05.

(a)  [All] EACH [subdivisons] SUBDIVISION shall take
measures to enforce the provisions of this subtitle within

[their] ITS [jurisdictions] JURISDICTION, including the
enactment of a local law prescribing a civil penalty IN THE
FORM OF A FINE 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 OR CONTINUES constitutes a separate
offense. [However, the] THE LOCAL LAW SHALL PROVIDE THAT
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] CORRECT a
violation of this subtitle, the Department may request the
Attorney General to take appropriate legal action to correct
the violation.

(c)  [The]A 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, BY the Department
[or] BY any authorized unit or officer of the Department, OR
BY THE ATTORNEY GENERAL.

8-9A-[08]06.

By mutual agreement, the Department [shall] MAY
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.

 

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Session Laws, 1980
Volume 739, Page 1238   View pdf image
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