4848

LAWS OF MARYLAND

Ch. 909

91.

Any person who shall stop up, or in any way obstruct
any ditch or drain or other improvement made pursuant to
this subtitle so as to impede the free flow of water
therein, shall be deemed guilty of a misdemeanor and on
conviction thereof shall be fined not exceeding [twenty
dollars] $500 for each offense. All [such] fines when
collected shall be paid to the county treasurer, and placed
to the credit of the public drainage association which
suffered the damage; provided that properly constructed
swinging water gates may be placed across any [such] ditch
on the fence lines to prevent stock from trespassing through
[said] THE ditch.

Article - Natural Resources
8-803.

(a) (1) EXCEPT FOR THE MAINTENANCE OF PUBLIC OR

PRIVATE WATERSHED OR DRAINAGE ASSOCIATIONS AND DRAINAGE
PROJECTS, [ A ] A person is required to obtain a permit
from the Department to construct, reconstruct, or repair any
reservoir, dam, or waterway obstruction or make, construct,
or permit to be made or constructed, any change or addition
to any reservoir, dam or waterway obstruction, or make, or
permit to be made, any change in, addition to, or repair of,
any existing waterway obstruction, or in any manner to
change in whole or part the course, current, or cross
section of any stream or body of water, within the State
except tidal waters. The permit is obtained upon written
application to the Department.

(C) AGRICULTURAL DRAINAGE SYSTEMS, FOR THE PURPOSE OF
LOWERING THE LEVEL OF WATER IN THE SOIL, WITH A TOTAL
DRAINAGE AREA OF 2,500 ACRES OR LESS ARE EXEMPT FROM THE
REQUIREMENT OF OBTAINING A PERMIT FROM THE DEPARTMENT.

(D) THE PERIODIC MAINTENANCE OF AGRICULTURAL DRAINAGE
SYSTEMS CONSTRUCTED UNDER THE AUSPICES OF A PUBLIC DRAINAGE
OR WATERSHED ASSOCIATION IS EXEMPT FROM THE REQUIREMENT OF
OBTAINING A PERMIT FROM THE DEPARTMENT IF:

(1) THE MAINTENANCE IS PERFORMED IN ACCORDANCE
WITH A PERMIT FROM THE DEPARTMENT FOR THE ORIGINAL
CONSTRUCTION OR RECONSTRUCTION OF THE DRAINAGE SYSTEM; OR

(2) THE MAINTENANCE IS PERFORMED IN ACCORDANCE
WITH AN OPERATION AND MAINTENANCE PLAN APPROVED BY THE LOCAL
SOIL CONSERVATION DISTRICT AND THE DEPARTMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.