Ch. 574

1997 LAWS OF MARYLAND

(3)     Improvement of wildlife habitat or agricultural drainage ditches as
approved by an appropriate unit; or

(4)     Routine maintenance or repair of existing bulkheads, provided that
there is no addition or channelward encroachment.

(E) (1) THE BOARD MAY NOT APPROVE A LICENSE OR AN AMENDMENT TO
A LICENSE AUTHORIZING THE DREDGE MATERIAL DEPOSITED IN THE
HART-MILLER ISLAND DREDGED MATERIAL CONTAINMENT FACILITY TO EXCEED
AN ELEVATION OF:

(I)      44 FEET ABOVE THE MEAN LOW WATER MARK IN THE NORTH
CELL; AND

(II)    28 FEET ABOVE THE MEAN LOW WATER MARK IN THE SOUTH
CELL

(2) ON OR AFTER JANUARY 1, 2010, THE BOARD MAY NOT APPROVE A
LICENSE OR AN AMENDMENT TO A LICENSE AUTHORIZING THE DEPOSIT OF
DREDGE MATERIAL AT THE HART-MILLER DREDGED MATERIAL CONTAINMENT
FACILITY.

[(e)](F) Any person who violates any provision of this section is guilty of a
misdemeanor. Upon conviction, the person is subject to a fine not exceeding $1,000 with
costs imposed in the discretion of the court.

SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland
Department of Transportation and the Department of Natural Resources, in consultation
with the Baltimore County government, shall hold at least two public meetings to receive
public input on the development of the Hart-Miller Island Dredged Material
Containment Facility as a park and recreational facility wildlife habitat and passive
recreation area. After the public meetings, the Department of Transportation and the
Department of Natural Resources, in consultation with the Baltimore County
government, shall enter into a memorandum of understanding or agree to an amendment
to the existing memorandum of understanding concerning Hart-Miller-Pleasure Island by
December 30, 1997 on a concept plan for the development of the south cell and the north
cell of the Hart Miller Island Dredged Material-Containment Facility as a park and
recreational facility. The memorandum of understanding or an amendment to the existing
memorandum of understanding shall include concept plans for habitat restoration and
recreational facilities, time lines for completion of the concept plans; construction plans
and construction, and the State agencies responsible for implementing and funding the
plans. The memorandum of understanding or the amendment to the memorandum of
understanding shall provide that the development of the south cell will be substantially
completed by July 1, 2002 and the development of the north cell will be substantially
completed by July 1, 2013. June 30, 1998. The amendment to the existing memorandum of
understanding shall include the existing concept plan for the south cell for wildlife habitat
restoration and passive recreation, time lines for completion of the construction plans and
construction, and the State agencies responsible for implementing and funding the plans
for the south cell. The amendment shall include the time line for the completion of the
concept plan for the north cell and the State agencies responsible for implementing and

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