Ch. 526                                    2004 LAWS OF MARYLAND

(d)     In addition to any other sanction or remedy available, the Attorney
General may bring an action in equity to compel compliance or restrain
noncompliance with the requirements of approved project plans, and to compel
restoration of lands or structures to their condition prior to any modification which
was done in violation of approved project plans.

(e)     Notwithstanding any other provision of this section, whenever a
development in the Critical Area is proceeding in violation of approved project plans
and threatens to immediately and irreparably degrade the quality of tidal waters or
fish, wildlife, or plant habitat, the Attorney General, upon request of the chairman,
may bring an action to restrain the violation and, as appropriate, to compel
restoration of any land or water areas affected by the development.

8-1815.1.

(a)     (1) The provisions of this section are in addition to any other sanction,
remedy, or penalty provided by law.

(2) This section does not apply to any cutting or clearing of trees that is
allowed under regulations adopted by the Commission under this subtitle.

(b)     If a person cuts or clears or plans to cut or clear trees within the
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of
AN APPROVED LOCAL CRITICAL AREA PROGRAM OR OF regulations adopted by the
Commission, the local jurisdiction may bring an action OR REQUEST THAT THE
CHAIRMAN OF THE COMMISSION REFER THE MATTER TO THE ATTORNEY GENERAL
TO BRING AN ACTION:

(1)     To require the person to replant trees where the cutting or clearing
occurred in accordance with a plan prepared by the State Forester, a registered
professional forester, or a registered landscape architect;

(2)     To restrain the planned violation; or

(3)     For damages:

(i) To be assessed by a circuit court in an amount equal to the
estimated cost of replanting trees; and

(ii) To be paid to the Department by the person found to have
violated the provisions of this subsection.

(c)      If the Chairman of the Commission has reason to believe that the local
jurisdiction is failing to enforce the requirements of subsection (b) of this section, the
Chairman shall refer the matter to the Attorney General as provided under § 8-1815
(b) of this subtitle.

(d)     On the Chairman of the Commission's referral of an alleged violation
under subsection (c) of this section to the Attorney General, the Attorney General may
invoke the remedies available to the local jurisdiction under subsection (b) of this
section in any court of competent jurisdiction in which the local jurisdiction would be
authorized to prosecute or sue.

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