Ch. 429

1996 LAWS OF MARYLAND

(C)     The Secretary may determine whether the Department should assist a
landowner in the management and control of the spread of phragmites based on:

(1)     The magnitude of the area [ of current growth for phragmites] TO BE
MANAGED AND CONTROLLED; and

(2)     The possibility of the spread of phragmites into adjoining land and
wetland areas.

(D)    (1) (I) SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION, THE
DEPARTMENT SHALL PAY A LANDOWNER 50% OF THE COSTS ASSOCIATED WITH THE
ERADICATION AND CONTROL OF THE SPREAD OF PHRAGMITES.

(II) THE LANDOWNER SHALL BE RESPONSIBLE FOR ANY
REMAINING COSTS.

(III) MONEYS PAID TO A LANDOWNER UNDER THIS SECTION MAY
BE PAID FROM THE NONTIDAL WETLAND COMPENSATION FUND, THE WETLANDS
COMPENSATION FUND, THE WILDLIFE MANAGEMENT AND PROTECTION FUND. OR
FEDERAL FUNDS. THE DEPARTMENT SHALL COORDINATE COST SHARING
ASSISTANCE PAID FROM THE FUND FUNDS UNDER THIS SECTION WITH THE
DEPARTMENT OF THE ENVIRONMENT.

(IV) THE DEPARTMENT SHALL REQUIRE VERIFICATION OF A
LANDOWNER'S EXPENSES BEFORE THE LANDOWNER MAY RECEIVE MONEY FROM
THE COST SHARING PROGRAM.

(2)     THE DEPARTMENT MAY NOT EXPEND MORE THAN $100,000 EACH
YEAR FROM THE NONTIDAL WETLAND COMPENSATION FUND FOR THE COST
SHARING PROGRAM ESTABLISHED IN THIS SECTION.

(3)     THE DEPARTMENT MAY NOT PAY MORE THAN $12,000 EACH YEAR
TO A SINGLE LANDOWNER, OR TO A PERSON IN THE IMMEDIATE FAMILY OF THE
LANDOWNER, OR TO AN ENTITY IN WHICH THE LANDOWNER HAS A SUBSTANTIAL
OWNERSHIP INTEREST, UNDER THE COST SHARING PROGRAM ESTABLISHED IN THIS
SECTION.

(4)     (3) THE DEPARTMENT MAY NOT EXPEND MORE THAN $60 PER
ACRE PER YEAR FOR ANY COST SHARING PROJECT UNDER THIS SECTION.

(5) (4) IN LIEU OF CASH PAYMENTS TO LANDOWNERS, THE
DEPARTMENT MAY SUBSTITUTE IN-KIND SERVICES OF EQUAL VALUE.

(5)     (6) (5) THE DEPARTMENT SHALL ESTABLISH PRIORITIES TO TARGET
COST SHARING ASSISTANCE TO WETLANDS RESTORATION AND ENHANCEMENT
PROJECTS WITH THE GREATEST POTENTIAL FOR IMPROVING WILDLIFE HABITAT
AND WETLANDS FUNCTIONS. WHERE:

(I) PHRAGMITES THREATEN RARE OR ENDANGERED WILDLIFE OR
PLANTS;

(II) THE HIGHEST DIVERSITY AND ABUNDANCE OF NATIVE PLANTS.
WILDLIFE. OR FISH EXIST; AND

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