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Ch. 433
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2002 LAWS OF MARYLAND
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method known as slant drilling that will pass through the Critical Area, shall
complete and submit with the application an environmental impact study that
addresses the potential for any adverse environmental effects on the Critical Area as
a result of the drilling.
(2) (i) The Department shall forward a copy of the permit application
and the environmental impact study referred to in paragraph (1) of this subsection to
the [Critical Area] Commission for its review and comment.
(ii) The Department shall consider and comment in writing on the
objections and concerns of the [Critical Area] Commission before issuing a permit
under this subsection.
Article Environment
16-201.
(a) (1) A person who is the owner of land bounding on navigable water is
entitled to any natural accretion to the person's land, to reclaim fast land lost by
erosion or avulsion during the person's ownership of the land to the extent of provable
existing boundaries. The person may make improvements into the water in front of
the land to preserve that person's access to the navigable water or protect the shore of
that person against erosion. After an improvement has been constructed, the
improvement is the property of the owner of the land to which the improvement is
attached. A right covered in this subtitle does not preclude the owner from developing
any other use approved by the Board: The right to reclaim lost fast land relates only
to fast land lost after January 1, 1972, and the burden of proof that the loss occurred
after this date is on the owner of the land.
(2) A PERSON EXERCISING THEIR RIGHT TO MAKE IMPROVEMENTS INTO
THE WATER IN FRONT OF THE LAND TO PRESERVE THAT PERSON'S ACCESS TO THE
NAVIGABLE WATER UNDER SUBSECTION (A)(1) OF THIS SECTION MAY NOT EXTEND
THE IMPROVEMENTS MORE THAN 25 FEET OVER VEGETATED STATE WETLANDS IN
THE ATLANTIC COASTAL BAYS CRITICAL AREA AS DEFINED UNDER TITLE 8,
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
(b) The rights of any person, as defined in this subtitle, which existed prior to
July 1, 1973 in relation to natural accretion of land are deemed to have continued to
be in existence subsequent to July 1, 1973 to July 1, 1978.
16-304.
(A) Notwithstanding any regulation adopted by the Secretary to protect
private wetlands, the following uses are lawful on private wetlands:
(1) Conservation of soil, vegetation, water, fish, shellfish, and wildlife;
(2) Trapping, hunting, fishing, and catching shellfish, if otherwise
legally permitted;
(3) Exercise of riparian rights to improve land bounding on navigable
water, to preserve access to the navigable water, or to protect the shore against
erosion;
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