WILLIAM DONALD SCHAEFER, Governor Ch. 305
waiver of certain permitting procedures; deleting a certain
obsolete provision; providing a stay procedure in certain
contested cases; authorizing the Department of Natural
Resources to adopt certain regulations; establishing certain
minimum and maximum criminal penalties; making stylistic
changes; and generally relating to water appropriation or
use and waterway permits.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-801, 8-802(a), 8-805, 8-806, and 8-814
Annotated Code of Maryland
(1983 Replacement Volume and 1988 Supplement)
BY adding to
Article - Natural Resources
Section 8-808.1
Annotated Code of Maryland
(1983 Replacement Volume and 1988 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
8-801.
(a) In order to conserve, protect, and use water resources
of the State in accordance with the best interests of the people
of Maryland, it is the policy of the State to control, so far as
feasible, appropriation or use of surface WATERS and [underground
waters] GROUNDWATERS of the State. Also, it is State policy to
promote public safety and welfare, and control and supervise so
far as is feasible, construction, reconstruction, and repair of
dams, reservoirs, and other waterworks in any waters of the
State.
(b) This subtitle is in addition to and not in substitution
for any existing laws of the State.
8-802.
(a) Every person is required to obtain a permit from the
Department to appropriate or use, or begin to construct any
plant, building, or structure which may appropriate or use any
waters of the State, whether surface [or underground] WATER OR
GROUNDWATER. The permit is obtained upon written application to
the Department. [The applicant shall provide the Department
with satisfactory proof that issuing the permit will not violate
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