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Session Laws, 1988
Volume 770, Page 3422   View pdf image
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Ch. 503                                          LAWS OF MARYLAND

TRUST THAT THE PROJECT WILL BE CARRIED OUT AND COMPLETED IN
ACCORDANCE WITH THE RESEARCH PLAN APPROVED BY THE TRUST; AND

(3) THE TRUST FINDS THAT ONE OR MORE OF THE FOLLOWING
CONDITIONS IS MET:

(I)  THE PROPERTY TO BE EXCAVATED OR DISTURBED
IS, IN THE OPINION OF THE TRUST, THREATENED WITH IMMINENT
DESTRUCTION OR SUBSTANTIAL DAMAGE BY NATURAL FACTORS OR BY HUMAN
FACTORS UNRELATED TO THE COMMERCIAL EXCAVATION OR DISTURBANCE OF
THE SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY IN QUESTION;

(II)  THE COMMERCIAL VALUE IS LIKELY TO BE HIGH
RELATIVE TO THE ANTHROPOLOGICAL, HISTORICAL, RECREATIONAL OR
OTHER PUBLIC VALUE OF THE ARCHAEOLOGICAL HISTORIC PROPERTY TO BE
EXCAVATED OR DISTURBED THE SUBMERGED ARCHAEOLOGICAL HISTORIC
PROPERTY IS NOT, IN THE OPINION OF THE TRUST, OF MAJOR
SCIENTIFIC, ARCHAEOLOGICAL, ANTHROPOLOGICAL, HISTORICAL,
RECREATIONAL, OR OTHER PUBLIC VALUE; OR

(III)  THE PROPOSED DISTURBANCE WILL BE MINOR IN
SCALE AND WILL PRODUCE INFORMATION RELEVANT TO THE MARYLAND
COMPREHENSIVE HISTORIC PRESERVATION PLAN PREPARED BY THE TRUST
UNDER § 5-607(B)(4) OF THIS SUBTITLE . ; OR

(IV) THAT THE SUBJECT PROPERTY OF THE PERMIT
WILL NOT BE EXCAVATED BY ANY OTHER PERSON IN THE FORESEEABLE
FUTURE AND THAT HISTORIC PROPERTY WILL REMAIN SUBMERGED UNTIL
THAT TIME.---------------------------------------------------------

(F) THE TRUST MAY CHARGE REASONABLE FEES FOR THE ISSUANCE
OF PERMITS AND MAY REQUIRE A PERMITTEE TO ASSIST IN DEFRAYING THE
COST OF THE TRUST'S REVIEW, ADMINISTRATION, AND SUPERVISION OF
THE PERMIT.

(G) EACH UNIT OF STATE GOVERNMENT SHALL ASSIST THE TRUST IN
CARRYING OUT ITS STATUTORY FUNCTIONS, AND ALL STATE AND LOCAL LAW
ENFORCEMENT AGENCIES SHALL ENFORCE THE PROVISIONS OF THIS SECTION
AND THE TERMS OF ANY PERMIT ISSUED UNDER THIS SECTION.

(H) (G) (1) THE DIRECTOR AND THE DIRECTOR'S DESIGNEE ARE
EMPOWERED TO ENFORCE THE PROVISIONS OF THIS SECTION AND MAY:

(1) (I) ISSUE SUMMONSES FOR VIOLATIONS OF THIS
SECTION OR OF ANY PERMIT ISSUED PURSUANT TO THIS SECTION; AND

(2) CONFISCATE (II) APPROPRIATE OBJECTS OR MATERIALS
TAKEN, COLLECTED, OR OTHERWISE DISTURBED FROM A SUBMERGED
ARCHAEOLOGICAL HISTORIC PROPERTY CONTRARY TO THE TERMS OF A
PERMIT, OR WITHOUT A PERMIT IF SUCH ACTION TOOK PLACE FOLLOWING
THE EFFECTIVE DATE OF THIS SECTION . ; AND

- 3422 -

 

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Session Laws, 1988
Volume 770, Page 3422   View pdf image
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