Maryland Natural Resources Section 4-11A-06

      (a)      Any person wishing to lease submerged lands of the State shall apply to the Department for a blank application form. The applicant shall indicate on the application his place of residence, the estimated area of the submerged land for which a lease is sought, and a detailed description of the location of the land. The applicant prior to filing the application with the Department shall mark the area applied for with at least one stake bearing his name.

      (b)      (1)      There is an application fee of $300. The fee is not refundable and shall be used to pay for the Department's costs associated with processing applications and recording leases.

            (2)      Upon receiving the application and a $300 fee, the Department shall conduct a resource survey of the proposed lease site. The Department shall deny a lease application without further action on the application if the survey results indicate that the site is a natural clam or oyster bar as specified by the criteria in the Department's regulations or this subtitle.

            (3)      If the results of the survey conducted under paragraph (2) of this subsection do not indicate that the site is a natural clam or oyster bar, the Department shall proceed with advertising the application once a week for 4 successive weeks in a newspaper published in the county or counties where the proposed lease is to be located. The advertisement shall describe the location of the area applied for, the location of the stake marker, and give the name and residence of the applicant.

      (c)      (1)      Within 30 days of publication of the last advertisement under subsection (b) of this section, any person whose rights, statutory entitlements, or privileges may be affected adversely by the issuance of a proposed lease may file a petition with the Department protesting the issuance of the lease.

            (2)      The protest shall be heard in accordance with the contested case provisions of the Administrative Procedure Act under §§ 10-201 through 10-217 of the State Government Article.

      (d)      Immediately after the termination of the respective periods prescribed for the filing of petitions or appeals, or immediately after the final decision upon any protest or appeal the Department shall notify the applicant by letter that it is ready to issue the lease. The Department shall conduct a survey and mark the location of the leased area, execute a lease, enter the lease upon a book to be known as the "Register of Titles to Oyster Lands," and mail the lease to the applicant for his signature.

      (e)      If the applicant accepts the lease, he shall sign and return it together with the first annual rental. If the applicant fails to accept the lease and pay within 60 days all required fees, the application and the lease are null and void, and all payments previously made by the applicant to the Department are forfeited. The Department may extend the time for acceptance of the lease for an additional period of 60 days for good cause.