2162

LAWS OF MARYLAND

Ch. 616

(E) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, THE DEPARTMENT MAY AUTHORIZE OR PROHIBIT THE REMOVAL OR
ERADICATION OF ANY SPECIES OF SUBMERGED AQUATIC VEGETATION OR
COMBINATION THEREOF FOR ANY PURPOSE, INCLUDING FACILITATION OF
BOATING ACCESS.

(2) IF A PLAN IS APPROVED, THE DEPARTMENT MAY
PRESCRIBE THE TIME METHOD, AND EXTENT OF THE REMOVAL OR
ERADICATION:

(I) TO CONTROL THE EFFECT OF THE REMOVAL OR
ERADICATION ON WATER QUALITY; OR

(II) TO PROTECT THE GROWTH AND PROLIFERATION OF
FISH AND AQUATIC GRASSES.

(F)  THE SECRETARY MAY ADOPT REGULATIONS TO ADMINISTER THIS
SECTION. AS PART OF THE REGULATIONS, THE SECRETARY MAY PROVIDE
FOR A GENERAL PERMIT AUTHORIZING AUTHORIZE SPECIFIC CATEGORIES OF
REMOVAL OF SUBMERGED AQUATIC VEGETATION.

(G) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
PERSON MAY HARVEST, CUT, OR OTHERWISE REMOVE OR ERADICATE
SUBMERGED AQUATIC VEGETATION FROM ANY LAND UNDER THE TIDAL WATERS
OF THE STATE BELOW MEAN HIGH TIDE ONLY IN ACCORDANCE WITH A PLAN
APPROVED BY THE DEPARTMENT.

(2) THE PLAN UNDER THIS SUBSECTION SHALL INCLUDE THE
FOLLOWING REQUIREMENTS:

(I)  THE NAME, ADDRESS, AND TELEPHONE NUMBER OF
THE PERSON MAKING THE REQUEST;

(II)  A WRITTEN DESCRIPTION BY THE PERSON MAKING
THE REQUEST OF THE REASONS WHY IT IS NECESSARY TO REMOVE THE
SUBMERGED AQUATIC VEGETATION;

(III)  THE PROPOSED METHOD TO REMOVE THE
SUBMERGED AQUATIC VEGETATION; AND

(IV) A DIAGRAM SHOWING THE LOCATION AND EXTENT
OF THE SUBMERGED AQUATIC VEGETATION THAT IS PROPOSED TO BE
REMOVED.

(G) (H) THE AUTHORIZATION REQUIRED BY THIS SECTION IS IN
ADDITION TO ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW.

(H) (I) AT LEAST 30 DAYS BEFORE THE DEPARTMENT PUBLISHES
ANY ORDER OR REGULATION UNDER THIS SECTION IN THE MARYLAND
REGISTER, THE DEPARTMENT SHALL SUBMIT THE ORDER OR REGULATION IN
WRITING FOR REVIEW TO THE APPROPRIATE LEGISLATIVE STANDING
COMMITTEES OF THE GENERAL ASSEMBLY.