HARRY HUGHES, Governor

3767

(E)(1) IF A PERSON FAILS TO OBTAIN OR COMPLY WITH A
REQUIRED PROJECT APPROVAL FOR DEVELOPMENT IN THE CHESAPEAKE BAY
CRITICAL AREA, THE EXECUTIVE DIRECTOR OF THE COMMISSION MAY,
EITHER BEFORE OR AFTER PROCEEDINGS ARE BEGUN UNDER ANY OTHER
SUBSECTION OF THIS SECTION, FILE A CIVIL ACTION IN THE CIRCUIT
COURT FOR THE COUNTY WHERE THE LAND INVOLVED IS LOCATED TO ENJOIN
THE VIOLATION AND FOR SUCH OTHER RELIEF AS THE COURT CONSIDERS
PROPER. THE EXECUTIVE DIRECTOR NEED NOT DEMONSTRATE A LACK OF AN
ADEQUATE REMEDY AT LAW.

(2) NEITHER THE FILING NOR THE PROSECUTION OF THIS
ACTION RELIEVES ANY PARTY FROM ANY PENALTY PROVIDED FOR ELSEWHERE
IN THIS SECTION. VIOLATORS OF THE PROVISIONS OF PROGRAMS
APPROVED OR ADOPTED BY THE COMMISSION SHALL BE SUBJECT TO
PROSECUTION OR SUIT BY LOCAL AUTHORITIES, WHO MAY INVOKE THE
SANCTIONS AND REMEDIES AFFORDED BY STATE OR LOCAL LAW.

(B) WHENEVER THE CHAIRMAN HAS REASON TO BELIEVE THAT A
LOCAL JURISDICTION IS FAILING TO ENFORCE THE REQUIREMENTS OF A
PROGRAM APPLICABLE TO A PARTICULAR DEVELOPMENT, THE CHAIRMAN
SHALL SERVE NOTICE UPON THE LOCAL ENFORCEMENT AUTHORITIES. IF
WITHIN 30 DAYS AFTER SERVICE OF SUCH NOTICE, THE LOCAL
AUTHORITIES HAVE FAILED TO INITIATE AN ACTION TO REMEDY OR PUNISH
THE VIOLATION, THE CHAIRMAN MAY REFER THE MATTER TO THE ATTORNEY
GENERAL.

(C) UPON REFERRAL OF A AN ALLEGED VIOLATION UNDER
SUBSECTION (B) OF THIS SECTION, THE ATTORNEY GENERAL MAY INVOKE
ANY SANCTION OR REMEDY AVAILABLE TO LOCAL AUTHORITIES, IN ANY
COURT OF COMPETENT JURISDICTION IN WHICH THE LOCAL AUTHORITIES
WOULD BE AUTHORIZED TO PROSECUTE OR SUE THE VIOLATOR.
(D) IN ADDITION TO ANY OTHER SANCTION OR REMEDY AVAILABLE,

THE ATTORNEY GENERAL MAY BRING AN ACTION IN EQUITY TO COMPEL
COMPLIANCE OR RESTRAIN NONCOMPLIANCE WITH THE REQUIREMENTS OF
APPROVED PROJECT PLANS, AND TO COMPEL RESTORATION OF LANDS OR
STRUCTURES TO THEIR CONDITION PRIOR TO ANY MODIFICATION WHICH WAS
DONE IN VIOLATION OF APPROVED PROJECT PLANS.

(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
WHENEVER A DEVELOPMENT IN THE CRITICAL AREA IS PROCEEDING IN
VIOLATION OF APPROVED PROJECT PLANS AND THEREBY THREATENS TO
IMMEDIATELY AND IRREPARABLY DEGRADE THE QUALITY OF TIDAL WATERS
OR FISH, WILDLIFE, OR PLANT HABITAT, THE ATTORNEY GENERAL, UPON
REQUEST OF THE CHAIRMAN, MAY BRING AN ACTION TO RESTRAIN THE
VIOLATION AND, AS APPROPRIATE, TO COMPEL RESTORATION OF ANY LAND
OR WATER AREAS AFFECTED BY THE DEVELOPMENT.

8-1816.

IN CONSULTATION WITH STATE AND LOCAL AGENCIES INVOLVED IN
PLANNING, ACQUIRING, AND MANAGING OPEN SPACE AND RECREATIONAL
LANDS, THE COMMISSION SHALL, BY JANUARY 1, 1987, PREPARE A REPORT
TO THE GOVERNOR AND THE GENERAL ASSEMBLY RECOMMENDING STATE
POLICY AND GOALS FOR: