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Session Laws, 2004
Volume 801, Page 2383   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 505

(b)     Monetary compensation received by the State in conjunction with a
wetlands license may not be applied to the State annuity bond fund account.

(c)      (1) There is created a special fund, known as the TIDAL Wetlands
Compensation Fund. [Any monetary compensation paid to the State in conjunction
with a wetlands license shall be credited to the Wetlands Compensation Fund.]

(2) THE FOLLOWING MONEY SHALL BE DEPOSITED IN THE TIDAL
WETLANDS COMPENSATION FUND:

(I)      ANY MONETARY COMPENSATION PAID TO THE STATE IN
CONJUNCTION WITH A WETLANDS LICENSE, INCLUDING COMPENSATION PAID BY AN
APPLICANT INSTEAD OF ENGAGING IN THE CREATION, RESTORATION, OR
ENHANCEMENT OF A TIDAL WETLAND; AND

(II)     ANY PENALTY IMPOSED BY A COURT IN ACCORDANCE WITH
THIS TITLE; AND

(III)   ANY PENALTY IMPOSED BY THE DEPARTMENT UNDER THIS
TITLE.

(d)     Funds in the TIDAL Wetlands Compensation Fund may be appropriated
only for acquisition and conservation of wetland areas by the State, including cost
sharing assistance to landowners in the management and control of phragmites
under Title 8, Subtitle 21 of the Natural Resources Article.

(e)     Funds appropriated in the budget for wetlands acquisition and
conservation under this section:

(1)     Shall remain available until expended; and

(2)     May not be reverted under any other provision of law.
16-501.

(a) Any person who violates any provision of this title is guilty of a
misdemeanor. Unless another penalty is specifically provided elsewhere in this title,
the person, upon conviction, is subject to a fine not exceeding $10,000, with costs
imposed in the discretion of the court.

16-502.

(C) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN
EQUITY AND AFTER AN OPPORTUNITY FOR A HEARING WHICH MAY BE WAIVED IN
WRITING BY THE PERSON ACCUSED OF A VIOLATION, THE DEPARTMENT MAY
IMPOSE A PENALTY FOR VIOLATION OF ANY PROVISION OF THIS TITLE OR ANY RULE,
REGULATION, ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS TITLE.

(2) THE PENALTY IMPOSED ON A PERSON UNDER THIS SUBSECTION
SHALL BE
:

(I) UP TO $1,000 FOR EACH VIOLATION, BUT NOT EXCEEDING
$50,000 TOTAL; AND

- 2383 -

 

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Session Laws, 2004
Volume 801, Page 2383   View pdf image
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