Maryland Environment Section 16-205

      (a)      The Board may require as a condition to issuance of a wetlands license that compensation be made to the State, of a kind and in an amount deemed appropriate by the Board.

      (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.

            (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;

                  (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.