2021 Maryland Statutes
Title 5 - Water Resources
Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams
Section 5-508 - Compliance With Permits and Related Regulations; Restrictions to Bind Owner's Successors; Recording of Restrictions

    (a)    Appropriation or use of any waters of the State, construction or beginning construction, making or beginning any change, addition, reconstruction, or repair of any reservoir, dam or waterway obstruction, only shall be in conformity with any term, condition, regulation, or restriction of the Department’s permit or with any regulation the Department prescribes concerning any construction, change, addition, or repair.

    (b)    (1)    Any term, condition, regulation, or restriction imposed on an appropriation or use of waters of the State or on a reservoir, dam, waterway obstruction, or change in the course, current, or cross section of any stream, through a permit issued pursuant to this subtitle, shall be binding on the owner of the permitted land or facility at the time the permit is issued and on any heirs, successors, or assigns of the owner’s interest in the land or facility.

        (2)    As a condition of permit issuance or renewal under this subtitle to construct, reconstruct, change, add to, or repair any dam or reservoir, the Department shall require the owner of the permitted land or facility to record, in accordance with §§ 3-102 and 3-103 of the Real Property Article, a memorandum prepared by the Department of the terms, conditions, regulations, or restrictions applicable to that land or facility. The recording shall be at the expense of the landowner.

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