4034                                  LAWS OF MARYLAND                                 Ch. 767

(3) (I) [In either event, the commission] THE
WSSC may require the owner's bond or the contribution of a
pro rata share of the net cost for the construction of
facilities in adjacent or nearby land in the same drainage
area which the [commission] WSSC may determine will be
required [subsequently by reason] BECAUSE of the development
of the [first mentioned] owner's land.

(II) Easements and rights of way required
by the [commission] WSSC shall [bear such] HAVE THE
restrictions [as] THAT the [commission] WSSC may require as
to:

1.   [grading] GRADING; and

2.   [a] A prohibition against the
location of structures, fences, or plantings [in or] on the
easement area.

(4)  (I) The Maryland-National Capital Park and
Planning Commission [shall] MAY not approve any plat for
subdivision of land until it [shall first ascertain]
ASCERTAINS from the [Washington Suburban Sanitary
Commission] WSSC whether or not rights of way or easement
areas for storm drainage facilities are required[,].

(II) [and if such] IF THESE rights of way
or easement areas are required, the Maryland-National
Capital Park and Planning Commission [shall] MAY not approve
[such] THE plat for recordation until [and unless] the
easements or rights of way are included [thereon] ON THE
PLAT.

[(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.]

(E) THE WSSC: