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Session Laws, 2004
Volume 801, Page 2487   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 526

(g) In adopting the initial land classification for the Atlantic Coastal Bays
Critical Area, the local program:

(1)     Of the Town of Ocean City shall classify as an intensely developed
area that area that is within the municipal boundaries of Ocean City as of January 1,
2002; and

(2)     Of Worcester County shall classify as an intensely developed area
that area located on the western mainland that is east of Golf Course Road, south of
Charles Street, and north of Route 707 (Old Bridge Road).

(h) The provisions of this subtitle and Title 27 of the Code of Maryland
Regulations apply to the Atlantic Coastal Bays Critical Area.

8-1808.5.

(a) (1) In this section [the following words have the meanings indicated.

(2)     "Buffer" means an existing, naturally vegetated area, or an area
established in vegetation and managed to protect aquatic, wetlands, shoreline, and
terrestrial environments from man-made disturbances.

(3)     (i) "Community], "COMMUNITY pier" means a boat docking facility
associated with a subdivision or similar residential area, or with condominiums,
apartments, or other multiple-family dwelling units.

[(ii)](2) "Community pier" does not include a private pier or a
mooring.

8-1815.

(a)     (1) Violators of the provisions of programs approved or adopted by the
Commission shall be subject to prosecution or suit by local authorities, who may
invoke the sanctions and remedies afforded by State or local law.

(2) A LOCAL AUTHORITY MAY REQUEST:

(I)      ASSISTANCE FROM THE COMMISSION IN AN ENFORCEMENT
ACTION; OR

(II)     THAT THE CHAIRMAN REFER AN ENFORCEMENT ACTION TO
THE ATTORNEY GENERAL.

(b)     Whenever the chairman has reason to believe that a local jurisdiction is
failing to enforce the requirements of a program applicable to a particular
development, the chairman shall serve notice upon the local enforcement authorities.
If within 30 days after service of the notice, the local authorities have failed to initiate
an action to remedy or punish the violation, the chairman may refer the matter to the
Attorney General.

(c)      Upon referral of an alleged violation under subsection (A) OR (b) of this
section, the Attorney General may invoke any sanction or remedy available to local
authorities, in any court of competent jurisdiction in which the local authorities would
be authorized to prosecute or sue the violator.

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Session Laws, 2004
Volume 801, Page 2487   View pdf image
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