2160

LAWS OF MARYLAND

Ch. 616

authorizing the Department of Natural Resources to adopt
certain regulations; providing certain exceptions for
certain utility companies and telecommunications carriers;
requiring the Department to submit certain orders and
regulations under this Act; and generally relating to the
regulation of certain activities related to submerged
aquatic vegetation.

BY adding to

Article - Natural Resources

Section 4-213

Annotated Code of Maryland

(1983 Replacement Volume and 1985 Supplement)

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

Article - Natural Resources

4-213.

(A)  IN THIS SECTION, "SUBMERGED AQUATIC VEGETATION" MEANS A
VASCULAR OR NONVASCULAR HYDROPHYTE, WHICH IS ROOTED OR UNROOTED,
THAT LIES ENTIRELY BENEATH THE SURFACE OF THE WATER, EXCEPT FOR
FLOWERING PARTS IN SOME SPECIES.

(B)  THIS SECTION DOES NOT APPLY TO ACTIVITIES INVOLVED IN:

(1)  THE HARVESTING OF FISH, SHELLFISH, OR CRABS; OR

(2)  THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF
AGRICULTURAL DRAINAGE CHANNELS.

(C)  EXCEPT AS PROVIDED IN THIS SECTION, BEFORE A PERSON MAY
HARVEST, CUT, OR OTHERWISE REMOVE OR ERADICATED SUBMERGED AQUATIC
VEGETATION FROM ANY LAND UNDER THE TIDAL WATERS OF THE STATE
BELOW THE MEAN HIGH TIDE, THE PERSON SHALL SUBMIT TO THE
DEPARTMENT FOR APPROVAL A DESCRIPTION OF:

(1)  WHY THE REMOVAL OF SUBMERGED AQUATIC VEGETATION
IS NECESSARY;

(2)  THE PROPOSED METHOD OF REMOVAL;

(3)  A PLAN SHOWING THE SITE AT WHICH THE ACTIVITY IS
PROPOSED; AND

REMOVED.

(4) THE EXTENT OF SUBMERGED AQUATIC VEGETATION TO .BE

(D) (1) (I) TO ALLOW AMPLE ACCESS TO THEIR PROPERTY FROM A
NAVIGABLE CHANNEL, A PERSON WHO OWNS OR RENTS A PIER OR DOCK,
DOCK, OR RAMP ON THE CHESAPEAKE BAY OR ITS TRIBUTARIES MAY