WILLIAM DONALD SCHAEFER, Governor                   Ch. 388

WATERS, CHANGE BOTTOM CONTOURS, OR UNREASONABLY SHADE, AND
THEREBY ALTER STATE OR PRIVATE WETLANDS;

(III) CONSTRUCTION OR REPLACEMENT OF SHORE

EROSION CONTROL STRUCTURES LANDWARD OF STATE OR PRIVATE WETLANDS;

(IV) IN PLACE REPLACEMENT OR REPAIR OF SHORE
EROSION CONTROL STRUCTURES USING SUBSTANTIALLY SIMILAR MATERIALS
AND CONSTRUCTION DESIGN; OR

(V) (III) PLANTING OF WETLANDS VEGETATION WHEN
NO GRADING OR FILL IN STATE OR PRIVATE WETLANDS IS NECESSARY.

(g) "Landward boundary of wetlands" means the common
boundary between wetlands as defined in this section and lands
not included within the definitions of wetlands appearing in this
section.

(h) "Person" means any natural person, partnership,
joint-stock company, unincorporated association or society, the
State, any unit of the State, a political subdivision, or other.
corporation of any type.

(i) "Private wetlands" means any land not considered "State
wetland" bordering on or lying beneath tidal waters, which is
subject to regular or periodic tidal action and supports aquatic
growth. This includes wetlands, transferred by the State by a
valid grant, lease, patent, or grant confirmed by Article 5 of
the Declaration of Rights of the Constitution, to the extent of
the interest transferred.

(J) "PUBLIC NOTICE" MEANS THE NOTICE THAT THE DEPARTMENT
PUBLISHES IN A NEWSPAPER SERVING THE LOCAL SUBDIVISION AFFECTED
AND IN THE MARYLAND REGISTER CONCERNING AN APPLICATION TO DREDGE
OR FILL STATE OR PRIVATE WETLANDS. THE NOTICE SHALL INCLUDE A
DESCRIPTION OF THE PROPOSED DREDGING OR FILLING AND ITS LOCATION
AND SHALL ADVISE THE PUBLIC OF THE OPPORTUNITY TO SUBMIT WRITTEN
COMMENTS OR TO REQUEST A HEARING ON THE APPLICATION.

[(j)] (K) "Regular or periodic tidal action" means the rise
and fall of the sea produced by the attraction of the sun and
moon uninfluenced by wind or any other circumstance.

[(k)] (L) "Secretary" means the Secretary of Natural
Resources.

[(1)] (M) "State wetlands" means any land under the
navigable waters of the State below the mean high tide, affected
by the regular rise and fall of the tide. Wetlands of this
category which have been transferred by the State by valid grant,
lease, patent or grant confirmed by Article 5 of the Declaration
of Rights of the Constitution shall be considered "private
wetland" to the extent of the interest transferred.

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