Ch. 288                                    2003 LAWS OF MARYLAND

watershed drainage systems, and it is hereby declared that such drainage shall be
considered a public benefit and conducive to the public health, convenience and
welfare.

(b) The State Secretary of Agriculture and the State Soil Conservation
Committee shall be notified of any establishment of a drainage association so that
coordination and assistance may be provided in accordance with § 8-602 of the
Agriculture Article.

(c) The provisions of this subtitle apply in those counties having a charter
form of government under Article XI-A of the Constitution, with the term "county
council" being substituted in each instance in this subtitle for the term "county
commissioners". The provisions of this subtitle apply in those counties having adopted
code home rule under Article XI-F of the Constitution.

(d) The provisions of this subtitle do not restrict a chartered or code county
from exercising those powers granted in Article 25A, § 5(G) of the Code and Article
25B, § 13 of the Code, which do not conflict with this subtitle.

(E) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A UNIT
OF STATE OR LOCAL GOVERNMENT THAT OWNS LAND THAT IS BENEFITTED OR
DAMAGED BY A PUBLIC DRAINAGE ASSOCIATION IS REQUIRED TO PAY ANY FEE,
ASSESSMENT, OR TAX LEVIED UNDER THIS SUBTITLE IF THE FEE, ASSESSMENT, OR
TAX IS LEVIED AGAINST ALL LAND WHICH IS SIMILARLY BENEFITTED OR DAMAGED
BY THE PROPOSED WORKS OF IMPROVEMENT WITHIN A PUBLIC DRAINAGE
ASSOCIATION ORGANIZED UNDER THIS SUBTITLE.

169.

(a)     The board of county commissioners or the county council of the several
counties of Maryland, and the Mayor and City Council of Baltimore City, shall have
jurisdiction, power, and authority to establish public watershed associations in their
respective counties or Baltimore City for the purpose of constructing, operating,
maintaining, and carrying out works of improvement for watershed protection, flood
prevention, recreation, soil conservation, drainage, and/or the conservation,
development, storage, utilization, and disposal of water for all beneficial purposes in
watershed or subwatershed areas, and the protection of areas subject to sediment or
erosion damages, and to cooperate with local, county, State, and federal agencies; and
it is hereby declared that such watershed protection, flood prevention, recreation, soil
conservation, drainage and/or the conservation, development, storage, utilization, and
disposal of water for all beneficial purposes is a public benefit and conducive to the
public health, safety, and welfare.

(b)     As used in this subtitle herein the term "county commissioners" shall mean
the county commissioners of the county in which a petition for the establishment of a
public watershed association is filed and such term shall include and be
interchangeable with "County Council", and the "Mayor and City Council" and the
term "county" shall include and be interchangeable with Baltimore City.

(c)     As used in this subtitle the terms "watershed association" and
"association" shall mean public watershed association.

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