3068

LAWS OF MARYLAND

Ch. 599

BY repealing and reenacting, with amendments,

Article - Natural Resources

Section 8-808

Annotated Code of Maryland

(1983 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-808.

(A)  Appropriation or use of any waters of the State,
construction or beginning construction, making or beginning any
change, addition, reconstruction, or repair of any reservoir, dam
or waterway obstruction, only shall be in conformity with any
term, condition, regulation, or restriction of the Department's
permit, or with any rule or regulation the Department prescribes
concerning any construction, change, addition, or repair.

(B)  (1) ANY TERM, CONDITION, REGULATION, OR RESTRICTION
IMPOSED ON AN APPROPRIATION OR USE OF WATERS OF THE STATE OR ON A
RESERVOIR, DAM, WATERWAY OBSTRUCTION, OR CHANGE IN THE COURSE,
CURRENT OR CROSS SECTION OF ANY STREAM, THROUGH A PERMIT ISSUED
PURSUANT TO THIS SUBTITLE, SHALL BE BINDING ON THE OWNER OF THE
PERMITTED LAND OR FACILITY AT THE TIME SUCH PERMIT IS ISSUED AND
ON ANY HEIRS, SUCCESSORS, OR ASSIGNS OF THE OWNER'S INTEREST IN
THE LAND OR FACILITY.

(2) AS A CONDITION OF PERMIT ISSUANCE OR RENEWAL
UNDER THIS SUBTITLE TO CONSTRUCT, RECONSTRUCT, CHANGE, ADD TO, OR
REPAIR ANY DAM OR RESERVOIR, THE DEPARTMENT MAY SHALL REQUIRE THE
OWNER OF THE PERMITTED LAND OR FACILITY TO RECORD, IN ACCORDANCE
WITH § 3-102 AND § 3-103 OF THE REAL PROPERTY ARTICLE, A
MEMORANDUM PREPARED BY THE DEPARTMENT OF THE TERMS, CONDITIONS,
REGULATIONS, OR RESTRICTIONS APPLICABLE TO THAT LAND OR FACILITY.
THE RECORDING SHALL BE AT THE EXPENSE OF THE LANDOWNER.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.