Md. Code Regs. 08.03.08.11

Current through Register Vol. 51, No. 25, December 13, 2024

Section 08.03.08.11 - Restricted Areas

A. Without written permission from the Secretary, a person may not trespass, enter, or release an animal on lands owned or controlled by the State which are located between the mean high and mean low water lines of waters of the State and which are posted in a conspicuous manner as a restricted area for the purpose of protecting:

(1) An endangered or threatened species of wildlife or plant listed in this chapter; or

(2) A species of wildlife in need of conservation listed in this chapter.

B. The Department shall prepare maps describing the location of each restricted area under this regulation. The maps shall be filed with the Secretary of Natural Resources, Tawes State Office Building, Annapolis, Maryland 21401.

C. A restricted area may be established only after:

(1) Notice of the proposed restriction has been placed in a newspaper in the county where the restriction is proposed;

(2) Notice of the proposed restriction has been placed in the Maryland Register;

(3) Completion of a 30-day period for comment which begins on the date that the list of restricted areas is published in the Maryland Register;

(4) All adjacent landowners have been notified by mail of the proposal; and

(5) Appropriate areas have been signed and posted.

D. The delineation of restricted areas may change to accommodate changes in the distribution of listed species after the notice provisions of § C of this regulation have been satisfied.

E. Restricted Areas.

(1) In Calvert County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to Flag Ponds Nature Park.

(2) In Worcester County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to:

(a) Assateague Island National Seashore; and

(b) The shoreline of Skimmer Island in Isle of Wight Bay.

Md. Code Regs. 08.03.08.11

Regulations .11 adopted effective June 29, 1987 (14:13 Md. R. 1471)
Regulations .11 adopted effective December 24, 1990 (17:25 Md. R. 2906)