WILLIAM DONALD SCHAEFER, Governor Ch. 536

(1) (I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING
$25,000 $10,000 OR IMPRISONMENT NOT TO EXCEED 1 YEAR OR BOH; OR

(2) (II) IF THE CONVICTION IS FOR A VIOLATION

COMMITTED AFTER A FIRST CONVICTION OF THE PERSON UNDER THIS
SUBSECTION FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE NOT

EXCEEDING $50,000 $25,000 FOR EACH DAY OF VIOLATION OR

IMPRISONMENT NOT EXCEEDING 2 YEARS 6 MONTHS OR BOTH.

(2) THE COURT MAY ORDER THE PERSON TO RESTORE THE
AREA UNLAWFULLY DISTURBED.

8-1211.

THE BOARD OF REVIEW OF THE DEPARTMENT DOES NOT HAVE
JURISDICTION OVER ANY PROCEEDINGS ARISING UNDER THIS SUBTITLE,
AND SECTIONS 1-105 AND 1-106 1-106 AND 1-107 OF THIS ARTICLE ARE
NOT APPLICABLE TO DECISIONS OF THE DEPARTMENT RELATING TO
NONTIDAL WETLANDS.

SECTION 2. AND BE IT FURTHER ENACTED, That to reduce
unnecessary delays and paperwork in the permitting process, the
Department of Natural Resources shall work in cooperation with
the U.S. Army Corps of Engineers to develop a joint nontidal
wetlands permit application and process similar to the joint
process already developed for tidal wetland permits. The
Department shall report its progress on the development of a
joint nontidal wetlands permit application and process to the
General Assembly on the first day of the 1990 Session.

SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent
of the General Assembly that the Department of Natural Resources
shall issue a nontidal wetlands permit for the harvesting of peat
bogs where this activity is water dependent and there is no
practicable alternative for the conduct of this activity except
in or within a certain distance from a nontidal wetland. The
Department may require, as a condition of the permit, that the
permit holder take certain actions during and following the
harvesting of peat bogs in accordance with the requirements for
regulated activities set forth in this Act.

SECTION 2 4. AND BE IT FURTHER ENACTED, That on or

before between July 1, 1989 and December 31, 1990, the Department

of Natural Resources shall apply the standards in § 8-1207 of
this Act when issuing waterway construction permits.

SECTION 5. AND BE IT FURTHER ENACTED, That the regulations

adopted and the guidance maps prepared by the department of

Natural Resources under this Act shall be presented to the

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