V-337 



ARTICLE 3 



THE TIDAL REGION 



This Article lays the foundation for a series of special regulations over Chesapeake Bay and 

 the bays behind Maryland's barrier beach on the Atlantic Coast. 



Section 3.101 directs the Department to prepare a comprehensive plan for Bay development. 

 The sort of plan envisioned is the San Francisco Bay Plan already developed in California. 



Section 3.201 restates the State's common law ownership of tidal waters and submerged tidal 

 lands and Section 3.202 specifies the rights of riparian land owners therein. Section 3,202 is 

 designed to replace Sections 45 through 48 of Article 54 of the Maryland Code. It gives to the 

 riparian essentially the same rights that the Maryland Attorney General says he has under exist- 

 ing law. See 50 Op. Att'y. General 452 (1965). Whether in fact, Section 3 202 is a constriction 

 of riparian rights depends on whether the Attorney General's narrow reading of existing law is 

 correct. 



Section 3,203 provides a procedure through which the Director can transfer the State's interest 

 in tidal waters and submerged tidal lands. Since the Director is the Governor s man the deci- 

 sion is the Governor's. It may be used to sell water (for use as a coolant), sand, gravel, 

 minerals, oi I, gas, etc., or land itself as a site for fi I ling. It represents a consol idation of a 

 variety of procedures under existing law. It should be noted that the procedure is hedged with 

 significant safeguards. Before a person can acquire any interest, he must first acquire a per- 

 mit under the regulatory procedures in either Section 2.302 or 4.302. These permit procedures 

 give optimum protection to both public and private interests. The special notice procedure 

 within 3.203 holds open to public scrutiny the Director's (or Governor's) decision of the price 

 to be charged. 



Sections 3.301 through 3.303 provide a new and flexible procedure through which the Department 

 can control development of Bay shoreline. For example, it might use the power in Section 3 301 

 to protect non-tidal wetlands or to reserve certain shorelines for priority uses such as water- 

 related industry or water-related recreation. Section 3.302 provides a technique through which 

 local governments can preserve their primary land use control jurisdiction by meeting Department 

 standards. Under Section 3.303 the Department is delegated broad powers to promulgate land use 

 control regulations which may take the form of zoning, subdivision controls or permit procedures. 



Sections 3.401 through 3 404 make a significant change in existing low. They transfer man- 

 agement of the Bay's fishery from statute to regulation. This will give the Department the 

 range of choice necessary for efficient and rational management. Section 3 403 mokes possi- 

 ble a dramatic change in oyster management It permits the Department to shift from a public 

 to private oyster fishery, in whole or port. The Department is given brood enough discretion 

 so that It can negotiate mutually advantageous trade-offs with its counterpart in Virginia. 



