2013 Maryland Code
NATURAL RESOURCES
§ 5-215 - Deep Creek Lake Recreation Maintenance and Management Fund

§5-215.

(a) In this section, “Fund” means the Deep Creek Lake Recreation Maintenance and Management Fund.

(b) There is a Deep Creek Lake Recreation Maintenance and Management Fund in the Department for the maintenance and management of the land, recreational facilities, and services that are related to Deep Creek Lake in Garrett County.

(c) (1) Except as provided in paragraphs (2) and (4) of this subsection, the Department shall pay all fees collected for boat launching at Deep Creek Lake State Park, all funds collected from lake and buffer use permits, contracts, grants, and gifts as a result of the Deep Creek Lake management program, and any investment earnings of the Fund, into the Fund.

(2) At the end of each quarter of the fiscal year, the Department shall pay 25% of the total revenue collected during the quarter under paragraph (1) of this subsection to the Board of County Commissioners of Garrett County.

(3) (i) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(ii) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

(4) Moneys in the Fund may be used for administrative costs calculated in accordance with § 1-103(b)(2) of this article.

(d) Unless there is an agreement between the Secretary and the Deep Creek Lake Policy and Review Board as to a proposed change, the fee for issuance and processing of any permit covered under subsection (c) of this section may not be changed.

(e) (1) Before the Department and the Deep Creek Lake Policy and Review Board may change any fee for the issuance and processing of any permit covered under subsection (c) of this section, the Secretary shall hold a public hearing in Garrett County.

(2) Notice of the public hearing shall be published in two newspapers of general circulation in Garrett County at least 30 days before the hearing.

(3) The notice shall include the proposed change in the fee and the reason for the fee.

(f) (1) A person may apply to the Department for a lake and buffer use permit.

(2) A person who is aggrieved by a decision of the Department to issue or deny a lake and buffer use permit may seek judicial review of the decision in accordance with Title 10, Subtitle 2 of the State Government Article.

§ 5-215 - 1. Deep Creek Lake recreation and land use plan

(a) Legislative findings. -- The General Assembly declares that:

(1) Deep Creek Lake and the land under and around it possess unique and valuable scenic, ecologic, historic, recreational, fish, wildlife, and other natural resource values; and

(2) A Deep Creek Lake recreation and land use plan will:

(i) Protect the resources and natural value of the lake and surrounding land;

(ii) Provide for the ongoing recreation, use, and enjoyment of these resources; and

(iii) Fulfill vital conservation purposes by wise, sustainable use of these resources.

(b) Preparation; contents of plan. --

(1) The Secretary and the Deep Creek Lake Policy and Review Board shall prepare a plan that provides for the wise use, protection, and management of the natural and recreational resources of Deep Creek Lake.

(2) The plan shall:

(i) Evaluate the lake, shoreline, and buffer area as a recreational, water, natural, and scenic resource, considering land use, carrying capacity, zoning, visitor access, recreation areas, commercial and private use, and related activities; and

(ii) Reflect activities such as fishing, boating, docking, hiking, water sports, scenic appreciation, natural interpretation, and other programs which provide the public with opportunities to appreciate and enjoy the value of the lake and buffer area.

(c) Consultation permitted. -- The Department may consult with the Department of the Environment and the Department of Business and Economic Development:

(1) In preparing the Deep Creek Lake recreation and land use plan; and

(2) On any other matter relating to Deep Creek Lake.

(d) Regulations. --

(1) Subject to paragraph (2) of this subsection, the Secretary may adopt regulations relating to Deep Creek Lake that are necessary to:

(i) Protect the public health and safety, natural resources, and the environment; or

(ii) Implement the Deep Creek Lake recreation and land use plan.

(2) Before the Secretary proposes or adopts a regulation, the Secretary shall submit a draft of the regulation to the Deep Creek Lake Policy and Review Board for its review and consent if the regulation relates to:

(i) The content or the adoption and implementation of a Deep Creek Lake recreation and land use plan, as described under subsections (a) and (b) of this section; or

(ii) Any fee proposed under § 5-215 of this subtitle.