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Session Laws, 1988
Volume 770, Page 3424   View pdf image
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Ch. 503                                          LAWS OF MARYLAND

(L) (J) NOTHING IN THIS SUBTITLE SHALL BE DEEMED TO LIMIT
OR PROHIBIT THE USE OF PRIVATELY OWNED LAND BY THE OWNER OF SUCH
LAND, OR TO REQUIRE THE OWNER TO OBTAIN A PERMIT FROM THE TRUST
FOR EXCAVATION OR ANY OTHER ACTIVITY ON SUCH PRIVATELY OWNED
LAND.

5-621.

(A)  (1) ANY PERSON OR ENTITY WHO VIOLATES § 5-620 OF THIS
SUBTITLE OR ANY REGULATION ADOPTED UNDER IT SHALL BE GUILTY OF A
MISDEMEANOR AND UPON CONVICTION IS SUBJECT TO A FINE NOT TO
EXCEED $1,000 OR IMPRISONMENT FOR A TERM NOT TO EXCEED 30 DAYS,
OR BOTH, WITH COSTS IMPOSED AT THE DISCRETION OF THE COURT, AND,
IF THE PERSON OR ENTITY HOLDS A PERMIT ISSUED UNDER § 5-620 OF
THIS SUBTITLE, THE PERMIT SHALL BE REVOKED MAY BE REVOKED BY THE
COURT UPON REQUEST BY THE TRUST.

(2) A SEPARATE OFFENSE SHALL EXIST FOR EACH DAY A
VIOLATION CONTINUES.

(B)  (1) ANY PERSON OR ENTITY WHO VIOLATES THE TERMS OF A
PERMIT ISSUED TO UTILIZE AN A SUBMERGED ARCHAEOLOGICAL HISTORIC
PROPERTY FOR COMMERCIAL SALVAGE OR OTHER INCOME PRODUCING
PURPOSES UNDER § 5-620 OF THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR AND UPON CONVICTION IS SUBJECT TO A FINE NOT TO
EXCEED $10,000 OR IMPRISONMENT FOR A TERM NOT TO EXCEED 1 YEAR,
OR BOTH, WITH COSTS IMPOSED AT THE DISCRETION OF THE COURT, AND
THE PERMIT SHALL BE REVOKED MAY BE REVOKED BY THE COURT UPON
REQUEST BY THE TRUST.

(2) A SEPARATE OFFENSE SHALL EXIST FOR EACH DAY A
VIOLATION CONTINUES.

(C)  ALL MATERIALS AND RECORDED INFORMATION WHICH ARE
OBTAINED IN VIOLATION OF THE PROVISIONS OF § 5-620 OF THIS
SUBTITLE SHALL BE SUBJECT TO CONFISCATION APPROPRIATION BY THE
STATE, AND WILL BE MANAGED, CARED FOR, AND ADMINISTERED BY THE
TRUST.

(D) ANY VESSEL, VEHICLE, EQUIPMENT, OR SUPPLIES, OR ANY
PORTION OF SUCH ITEMS, USED IN THE RECOVERY OF MATERIALS FROM A
HISTORIC PROPERTY IN VIOLATION OF THE PROVISIONS OF THIS SUBTITLE

MAY BE SUBJECT TO IMPOUNDMENT OR CONFISCATION BY THE STATE. ALL

SUCH CONFISCATED ITEMS SHALL BECOME THE PROPERTY OF THE TRUST WHO
MAY UTILIZE THEM FOR ITS PURPOSES OR MAY DISPOSE OF THEM WITH ANY
PROCEEDS THEREFROM BEING USED TO ADVANCE THE PURPOSES OF THIS
SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That in order to

provide the Maryland Historical Trust with the necessary

personnel and budget authority to carry out its responsibilities
under this Act and other provisions of Article 41B, Title 5,

- 3424 -

 

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Session Laws, 1988
Volume 770, Page 3424   View pdf image
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