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PARRIS N. GLENDENING, Governor
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S.B. 247
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(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 75 FEET OVER VEGETATED STATE WETLANDS IN
THE ATLANTIC COASTAL BAYS CRITICAL AREA AS DEFINED UNDER TITLE 8,
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
(3) (1) A PERSON IN THE ATLANTIC COASTAL BAYS CRITICAL AREA
MAY EXTEND IMPROVEMENTS MORE THAN 75 FEET OVER STATE WETLANDS
PURSUANT TO A PLAN SUBMITTED BY A LOCAL JURISDICTION AND APPROVED BY
THE DEPARTMENT AND THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE
AND ATLANTIC COASTAL BAYS.
(II) ANY PLAN APPROVED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL INCLUDE CRITERIA FOR THE PROTECTION OF WATER QUALITY
AND FISH, WILDLIFE, AND PLANT HABITATS AND SHALL COMPREHENSIVELY
ADDRESS THE USE AND CONSTRUCTION OF PRIVATE AND COMMUNITY PIERS IN THE
LOCAL JURISDICTION.
(III) THE DEPARTMENT SHALL ASSIST A LOCAL JURISDICTION IN
THE PREPARATION OF THE PLAN REQUIRED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH.
(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:
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- 4485 -
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