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Session Laws, 2004
Volume 801, Page 2855   View pdf image
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ROBERT L. EHRLICH, JR., Governor                            S.B. 694

(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.

(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

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Session Laws, 2004
Volume 801, Page 2855   View pdf image
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