Ch. 388

LAWS OF MARYLAND

9-201.

(a)  A person who is the owner of land bounding on navigable
water is entitled to any natural accretion to his land, to
reclaim fast land lost by erosion or avulsion during his
ownership of the land to the extent of provable existing
boundaries. The person may make improvements into the water in
front of the land to preserve that person's access to the
navigable water or protect the shore of that person against
erosion. After an improvement has been constructed, it is the
property of the owner of the land to which it is attached. A
right covered in this subtitle does not preclude the owner from
developing any other use approved by the Board. The right to
reclaim lost fast land relates only to fast land lost [after
January 1, 1972,] WITHIN 2 YEARS PREVIOUS TO THE DATE OF
APPLICATION FOR A LICENSE OR PERMIT, and the burden of proof that
the loss occurred after this date is on the owner of the land.

(b)  The rights of any person, as defined in this subtitle,
which existed prior to July 1, 1973, in relation to natural
accretion of land are deemed to have continued to be in existence
subsequent to July 1, 1973 to July 1, 1978.

9-202.

(a)  A person may not dredge or fill on State wetlands,
without a license.                                                                                                   

(b)  The Secretary shall assist the Board in determining
whether to issue a license to dredge or fill State wetlands. The
Secretary shall submit a report indicating whether the license
should be granted and, if so, the terms, conditions, and
consideration required after consultation with any interested
federal, State, and local unit, and after ISSUING PUBLIC NOTICE,
holding any REQUESTED hearing, and taking any evidence the
Secretary thinks advisable.

(c)  (1) [After a hearing in the local subdivision
affected,] UPON RECEIPT OF A RECOMMENDATION REPORT BY THE
SECRETARY, the Board shall decide if issuance of the license is
in the best interest of the State, taking into account the
varying ecological, economic, developmental, recreational, and
aesthetic values each application presents. If the Board decides
to issue the license, it shall be for consideration and on terms
and conditions the Board determines. Every license shall be in
writing.

(2) With respect to an application for a license to
fill or construct a shore erosion control structure other than
riprap on State wetlands, the Board may issue the license without
[a hearing] PUBLIC NOTICE if the fill area is less than 300 feet
in length parallel to the fast land as close thereto as
structurally feasible but not more than 10 feet channelward of

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