Maryland Natural Resources Section 4-11A-16

Article - Natural Resources

§ 4-11A-16.

      (a)      An owner or other lawful occupant shall have exclusive right to use any creek, cove, or inlet for preserving or depositing oysters or other shellfish if the water surface at the mouth of the creek, cove, or inlet is 300 feet or less in width at mean low water. However, this cove, creek, or inlet may not be included in the lines of any patent and all rights of the riparian proprietor shall extend only to the middle of the creek, cove, or inlet. In the waters of St. Mary's County, the riparian grounds of any creek, cove, or inlet meeting the qualifications enumerated above shall be considered and treated as leased grounds for all of the purposes of § 4-11A-13 of this subtitle. However, any dredging license issued under § 4-11A-13 of this subtitle shall be issued only to the riparian owner for the purpose of dredging shellfish on his riparian grounds. In the waters of Dorchester County, shellfish may be dredged on riparian grounds by the riparian owner by any means in any creek, cove, or inlet.

      (b)      The owner of any wharf or other structure constructed on or about the water and approved by the corps of engineers, shall have exclusive use, for the purpose of growing and harvesting shellfish, of the area:

            (1)      Below the owner's wharf or structure; and

            (2)      In Calvert, Howard, St. Mary's, and Talbot counties only, within 5 feet of the owner's wharf or structure, oysters grown in trays, baskets, or containers that are attached to a private pier or wharf by lines or ropes that are the property of the owner of the pier or wharf.



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