3418

LAWS OF MARYLAND

Ch. 734

(a)   [For the purpose] IN of this section, "development"
means any structure, appurtenance, other addition, modification,
or alteration THAT IS constructed, placed, or made on or to land
or water.

(b)   [In addition to the other regulatory authorities
provided by this subtitle and due to the unique character of the
Youghiogheny River the Department shall adopt rules and
regulations after review by the local advisory board and the
Scenic and Wild Rivers Review Board, by January 31, 1977, to
regulate use and development in that segment of the Youghiogheny
River designated in § 8-408 (a) and adjacent land areas within
the scenic corridor where development would affect the primitive
qualities and characteristics of the Youghiogheny River.]

(1)   IN ADDITION TO OTHER REGULATORY AUTHORITIES. THAT
ARE PROVIDED BY THIS SUBTITLE, THE SECRETARY, IN COORDINATION
WITH THE YOUGHIOGHENY RIVER LOCAL ADVISORY BOARD AND THE BOARD
OF GARRETT COUNTY COMMISSIONERS, SHALL PREPARE RULES AND
REGULATIONS THAT ARE NECESSARY TO:

(I)   IMPLEMENT THE APPROVED MANAGEMENT PLAN FOR
THE YOUGHIOGHENY RIVER; AND

(II)  REGULATE USE AND DEVELOPMENT IN THE SCENIC
CORRIDOR WHERE THE USE AND DEVELOPMENT WOULD EFFECT THE PRIMITIVE
QUALITIES AND CHARACTERISTICS OF THE WILD RIVER SEGMENT OF THE
YOUGHIOGHENY RIVER.

(2)  THE BOARD OF GARRETT COUNTY COMMISSIONERS AND THE
SCENIC AND WILD RIVERS REVIEW BOARD SHALL REVIEW AND APPROVE THE
RULES AND REGULATIONS OF THE SECRETARY BEFORE THE SECRETARY
ADOPTS THE RULES AND REGULATIONS.

(3)  ON APPROVAL ADOPTION OF THE RULES AND REGULATIONS
UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE SECRETARY SHALL
ADMINISTER AND ENFORCE THE RULES AND REGULATIONS.

8-410.

(a)   If the prohibitions of § 8-408 OF THIS SUBTITLE or of
any rule or regulation THAT the [Department] SECRETARY adopts for
the Scenic and Wild Rivers Program would constitute a taking of a
property right without just compensation in violation of the
Constitution of the United States or the Constitution of
Maryland, funds under Program Open Space may be used to purchase
or otherwise pay for any property THAT IS taken, providing THAT
the acquisition has been previously approved by the General
Assembly.

(b)  (1) As to any water or land areas within that portion
of the Youghiogheny River THAT IS designated by § 8-408 (a) OF
THIS SUBTITLE as a wild river, funds under the open space program
may be used to purchase any restriction, whether drafted in the
form of an easement, covenant, or condition, [prohibiting or