V-353 



Part Two 

 Rights in Tidal Waters and Submerged Tidal Lands 



3.201 - Ownership of Tidal Waters and Submerged Tidal Lands 



The State of Maryland owns all tidal waters and all submerged tidal land except to the 

 extent that such submerged tidal lands have been transferred by the State by a valid and ex- 

 tant grant, lease or patent, or by a valid and extant grant confirmed by Article 5 of the Decla- 

 ration of Rights of the Constitution of Maryland. 



3.202 - Riparian Rights in Tidal Waters and Submerged Tidal Lands 



Except to the extent given other rights by statute, persons owning land bounding on tidal 

 waters shall, by virtue of such ownership, only hove the following rights in tidal waters and 

 submerged tidal lands: 



(a) the right of access to tidal waters; 



(b) the right to land formed by natural accretion in front of such land; 



(c) the right to build in front of such land for non-commercial use, landings, wharves, 

 docks or shore erosion control structures, any of which upon completion becomes their prop- 

 erty. The exercise of these rights is subject to the regulatory procedure in Sections 4.201 

 and 4.302 of this act and to all other regulatory powers given by law to any governmental 

 agency. 



3.203 - Transfer of the State's Interest 



Any person issued a permit to use, divert or appropriate tidal waters under Section 2.302, 

 or to engage in a project under Section 4.302 shall, before starting on such use, diversion, 

 appropriation or project, present the permit to the Director, who shall be the trustee of tidal 

 waters and submerged tidal lands owned by the State. The Director shall review the use, di- 

 version, appropriation or project authorized by the permit and shall determine the extent to 

 which it requires the use or taking of tidal waters, submerged tidal land or other resources 

 owned by the State. The Director shall determine the consideration, if any, which the person 

 shall be required to transfer to the State in return for such use or taking, the nature and terms 

 of payment and the statements which the person shall be required to furnish the Department, 

 provided that the Director shall not require any person owning land bounding on tidal waters 

 to transfer any consideration in payment for the exercise of rights given such person under 

 Section 3.202. The Director shall set forth his determinations in an order which shall be pub- 

 lished once a week for two successive weeks in a newspaper having general circulation in 

 the area of the use, appropriation, diversion or project and the order shall not become final 

 unless it remains unrevoked ten (10) days after final publication. After the order becomes 

 final the Director shall be empowered to transfer in the name of the State any interest in real 

 or personal property necessary for the use, appropriation, diversion or project to be pursued. 

 Any person who fails to comply with the terms of the order shall forfeit the permit and all in- 

 terests in real or personal property transferred to him by the Director. 



