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Session Laws, 1989
Volume 771, Page 3845   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 646
Article - Natural Resources
8-1815.

(a)  Violators of the provisions of programs approved or
adopted by the Commission shall be subject to prosecution or suit
by local authorities, who may invoke the sanctions and remedies
afforded by State or local law.

(b)  Whenever the chairman has reason to believe that a
local jurisdiction is failing to enforce the requirements of a
program applicable to a particular development, the chairman
shall serve notice upon the local enforcement authorities. If
within 30 days after service of such notice, the local
authorities have failed to initiate an action to remedy or punish
the violation, the chairman may refer the matter to the Attorney
General.

(c)  Upon referral of an alleged violation under subsection
(b) of this section, the Attorney General may invoke any sanction
or remedy available to local authorities, in any court of
competent jurisdiction in which the local authorities would be
authorized to prosecute or sue the violator.

(d)   In addition to any other sanction or remedy available,
the Attorney General may bring an action in equity to compel
compliance or restrain noncompliance with the requirements of
approved project plans, and to compel restoration of lands or
structures to their condition prior to any modification which was
done in violation of approved project plans.

(e)  Notwithstanding any other provision of this section,
whenever a development in the Critical Area is proceeding in
violation of approved project plans and thereby threatens to
immediately and irreparably degrade the quality of tidal waters
or fish, wildlife, or plant habitat, the Attorney General, upon
request of the chairman, may bring an action to restrain the
violation and, as appropriate, to compel restoration of any land
or water areas affected by the development.

8-1817. 8.1815.1.

(A)  (1) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO
ANY OTHER SANCTION, REMEDY, OR PENALTY PROVIDED BY LAW.

(2) THIS SECTION DOES NOT APPLY TO ANY CUTTING OR
CLEARING OF TREES THAT IS ALLOWED UNDER REGULATIONS ADOPTED BY
THE COMMISSION UNDER THIS SUBTITLE.

(B)  IF A PERSON CUTS OR CLEARS OR PLANS TO CUT OR CLEAR

TREES WITHIN THE 100 FOOT BUFFER LANDWARD FROM THE MEAN

HIGH WATER LINE OF THE TIDAL WATERS, TRIBUTARY STREAMS OR TIDAL
WETLANDS IN THE CHESAPEAKE BAY CRITICAL AREA IN VIOLATION OF

- 3845 -

 

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Session Laws, 1989
Volume 771, Page 3845   View pdf image
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