Md. Code Regs. 08.01.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.01.02.06 - Restricted and Conditional Activities - State Wildlands Preservation System

A. Except when expressly permitted under Regulation .03 or .04 of this chapter, the uses and activities listed in §§B-J of this regulation are restricted.

B. Temporary Roads. Except as necessary to meet the minimum requirements for the purposes of the administration of an area, including measures required in emergencies involving the health and safety of persons within the area or economic or safety threats to private property, temporary roads are prohibited.

C. Motorized Equipment and Vehicular Transport. Except as necessary for the purposes of administration of an area, including measures required in emergencies involving the health and safety of persons within the area, and economic or safety threats to private property, the following are prohibited in wildlands:

(1) Motorized equipment;

(2) Motor vehicles;

(3) Motor boats;

(4) Landing of aircraft; and

(5) Mechanical transport.

D. Transplanting Native Wildlife. Native wildlife may not be removed from or released onto a wildland unless the removal or release:

(1) Perpetuates or assists the recovery of a threatened or endangered species or a species in need of conservation; or

(2) Assists in the restoration of an indigenous species eliminated or reduced by human activity.

E. Forest Management.

(1) Cutting of Trees and Shrubs. Cutting of trees or shrubs is prohibited except when the following criteria are met:

(a) Public safety is threatened;

(b) There is an economic or safety threat to private property;

(c) There is a maintenance need associated with the continued provision of electric utility service; or

(d) There is a threat to unique species or unique natural communities which is most appropriately addressed through cutting or removal of trees or shrubs.

(2) Reforestation. Reforestation is prohibited except when the following criteria are met:

(a) When human influence has led to substantial deterioration of a wildland resource;

(b) There is a reasonable expectation that natural regeneration will only occur after a prolonged length of time; or

(c) There is a significant erosion and sedimentation hazard to living aquatic resources that can be addressed by:

(i) Vegetative treatment systems,

(ii) Riparian forest buffers,

(iii) Critical area plantings, or

(iv) Soil bioengineering.

F. Visitor Management.

(1) The Department may elect to close or restrict areas of a wildland to public access to protect the wildland values of the area.

(2) This may include, but is not limited to, restrictions on:

(a) Party size;

(b) Campsite location; or

(c) Length of stay.

G. Camping.

(1) Camping within a wildland is by permit only.

(2) Primitive camping is allowed in wildland areas if it is otherwise permitted under Department policies and regulations.

(3) Campers are required to:

(a) Collect and remove trash from the area; and

(b) Camp at least 50 feet from any trail or water body.

(4) Open fires are prohibited.

H. Signs. State personnel conducting official business may:

(1) Post appropriate warning signs on any unsafe structures within a wildland; or

(2) Post appropriate information and regulation signs along the perimeter of a wildland provided the sign content includes, but is not limited to, information that:

(a) Identifies significant natural or cultural features within the wildland; or

(b) Is intended for public safety purposes, such as the identification of trail routes, distances, and areas of trail closures.

I. Nonstructural Shore Erosion Control. Nonstructural shore erosion control is prohibited except when:

(1) Public safety is threatened; or

(2) There is a significant hazard to living aquatic resources.

J. Temporary Structures, Installations, and Equipment.

(1) Except when the Secretary determines that they contribute to the long-term research and maintenance of the wildland or nearby natural resources, temporary structures, installations, or equipment are prohibited.

(2) The placement of the structures, installations, or equipment shall be subject to the terms and conditions required by the Department.

Md. Code Regs. 08.01.02.06

Regulations .06 adopted effective September 11, 1995 (22:18 Md. R. 1398)
Regulation .06 amended effective 42:4 Md. R. 432, eff.3/2/2015