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Ch. 453
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LAWS OF MARYLAND
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1414
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court costs incurred if the appeal is dismissed and costs are
imposed on the appellant.
5-707.
(a) Between October 1 and April 15, every person who
operates a railroad in the State shall establish a means to
prevent a forest fire along the parts of its tracks adjacent to
which the Department finds a fire hazard exists or probably may
be caused by failure to take precautions. If the Department
believes other precautionary means are insufficient, the person
shall clear a safety strip of a width not exceeding 100 feet, as
the Department determines, measured horizontally from the outer
rail. The safety strip shall be cleared by removing all dead
wood, fallen leaves, withered grass, and other [inflammable]
FLAMMABLE material, except fences, buildings, and manufactured
products, from the ground embraced within the width prescribed.
This subsection does not prevent the person from piling and
storing along its right-of-way any materials necessary for
construction, maintenance, or operation of its railroad.
(c) Subject to the provisions of subsection (d) of this
section, the person may clear the safety strips of [inflammable]
FLAMMABLE material without liability for trespass. However, they
may not remove or damage any fence, building, merchantable
timber, or living trees as the owner designates without
compensating him.
5-710.
Any person owning property within 100 feet of the tracks of
any railroad operating within the State when the distance is
measured horizontally from the outer rail, who cuts or permits
cutting trees or other crops on its property shall dispose of
every tree top, brush, and other [inflammable] FLAMMABLE material
caused by the cutting so that the [inflammable] FLAMMABLE
material does not remain within 100 feet of the tracks for more
than 30 days after cutting.
5-714.
Any person who violates any provision of §§ 5-707, 5-709, or
5-710 upon conviction is subject to a fine at the rate of $100
per mile, or any fraction, measured along the tracks for each day
the [inflammable] FLAMMABLE material remains on the ground.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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