Maryland Administrative Code

.08 Noise Level Limits and Enforcement Schedules. A. Exception. This regulation does not apply to devices used solely for the purpose of warning, protecting, or alerting the public of the existence of an emergency situation. B. Snowmobiles. (1) An individual may not operate a sno…

.09 Violations. An individual who violates any provision of this chapter is subject to the provisions of Natural Resources Article, §5-1301, Annotated Code of Maryland, in addition to any penalties under Criminal Law Article, §6-405, Annotated Code of Maryland.

.10 ORV Trail Designation Procedure. A. ORV trails are generally described in this regulation and identified on the location maps in Regulation .12 of this chapter. B. Before acquiring or designating a trail or road for off-road use, the Department shall: (1) Give public notice o…

.11 Designated Trails. A. The following areas are designated ORV trails. B. Garrett State Forest in Garrett County. (1) The trails listed in this regulation may only be used in accordance with this regulation. (2) Piney Mountain Trail (Map Number 1) (a) The Piney Mountain Trail b…

.12 Official Maps. Map 1—Garrett State Forest, Piney Mountain Trail, Garrett County, MD—see Map 1. Map 2—Garrett State Forest, Snaggy Mountain Trail, Garrett County, MD—see Map 2. Map 3—Potomac State Forest, Wallman/Laurel Run Trail, Garrett County, MD—see Map 3. Map 4—Potomac St…

.01 Scope. A. This chapter applies to contested case hearings that the Secretary is required to initiate by: (1) Statute; (2) Constitution; or (3) A regulation that expressly or by clear implication requires a hearing to be held in accordance with the Administrative Procedure Act…

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (2) “Administrative Law Judge” means an Administrative Law Judge of the Offi…

.03 Delegation. A. The Secretary may: (1) Conduct a contested case hearing in accordance with the Administrative Procedure Act and any other applicable law; (2) Delegate the authority to conduct a contested case hearing to the Office of Administrative Hearings in accordance with …

.04 Notice of Agency Action. A. The Secretary shall give reasonable notice of the agency's action in accordance with State Government Article, § 10-207, Annotated Code of Maryland when the Department is required by law to: (1) Provide a contested case hearing; or (2) Provide the …

.05 Revocation of Delegation. A. For a reason specified in §B of this regulation, the Secretary may revoke, in whole or in part, the authority delegated to the Office of Administrative Hearings to conduct a contested case hearing at any time before the earlier of: (1) The issuanc…

.06 Proposed Decision. A. The Office of Administrative Hearings shall issue a proposed decision in accordance with the Secretary's delegation. B. Unless otherwise provided by law or the Department's delegation, the Office of Administrative Hearings shall submit the proposed decis…

.07 Exceptions — Requests for Oral Argument. A. Filing Exceptions; Oral Argument Request. (1) Within 15 calendar days after the Office of Administrative Hearings submits a proposed decision to the parties, a party may file written exceptions to the Secretary. The party filing the…

.08 Final Decision. A. A final decision in a contested case shall contain: (1) Findings of fact; (2) Conclusions of law; (3) An order; and (4) A statement of the right to seek judicial review. B. If the Office of Administrative Hearings has issued a proposed decision or order and…

.09 Reconsideration and Revision. On the initiative of the Secretary or on motion of any party filed at any time the Secretary may revise a final decision if the decision was based on fraud, mistake, or inadvertence.

.10 Petition for Judicial Review. A party that is adversely affected by a final decision or order may file a petition for judicial review as provided by State Government Article, §10-222, Annotated Code of Maryland.

.01 Posting Against Trespassing. A. Criminal Law Article, Title 6, Subtitle 4, Annotated Code of Maryland, requires that in order to institute proceedings for trespassing under Criminal Law Article, Title 6, Subtitle 4, the owner or tenant of any private property shall have poste…

.01 Scope. This chapter applies to the procedures to be followed for requests for the inspection and reproduction of public records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, which are maintained by the Department of N…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means an individual or governmental unit that requests the inspection and reproduction of a public record. (2) “Custodian” means the official custodian who is a…

.03 Request for Public Record. A. An applicant may request to inspect or copy public records of the Department. B. An applicant shall submit a request to inspect or copy a public record in writing, unless waived by the custodian.

.04 Contents of Request. A written request shall: A. Contain an applicant's name, address, and phone number; B. Be signed by the applicant; and C. Identify by brief description the public record requested.

.05 Filing Request. A written request shall be addressed to the custodian of the record by using the custodian's name or title, and to the unit and program maintaining the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary, and sha…

.06 Response to Request. A. If the custodian grants a written request for inspection, the custodian shall produce the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the custodian receives the request. B. If the custodia…

.07 Public Records Temporarily Unavailable. If the requested public record is not immediately available for inspection or copying, the custodian shall notify the applicant and set a date and hour within a reasonable time when the record will be available for inspection or copying…

.08 Public Records Destroyed or Lost. If a requested public record has been destroyed or lost, the custodian shall notify the applicant in writing and inform the applicant of the reasons why the record cannot be produced.

.09 Review of Denial. A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request s…

.10 Disclosure Against Public Interest. If the custodian determines that disclosure of any public record that is required to be disclosed under State Government Article, §§10-611—10-628, Annotated Code of Maryland, would do substantial injury to the public interest, the custodian…

.11 Fees. A. Fee Schedule for Certifying and Copying a Record. (1) Photocopies. The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Department. If the public records are not susceptible to photocopying, for …

.12 Waiver or Reduction of Fees. A. The custodian may waive or reduce any fee charged under this chapter if the custodian determines that the: (1) Item requested is promotional in nature or is routinely distributed to the public; (2) Item may be reproduced free of charge; or (3) …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Chesapeake Forest Land road” means a road on, or adjacent to, the Chesapeake Forest that is maintained by the service. (2) “Department” means the Department of Natural Res…

.02 Chesapeake Forest Lands. A. Purpose. In accordance with Natural Resources Article, §§5-207 and 5-903(2)(i), Annotated Code of Maryland, a group of lands has been acquired by the Department with Program Open Space funds and through the gift of lands. These lands were acquired …

.03 Management and Use. All uses and management of Chesapeake Forest Lands shall be in accordance with the purposes of sustainable forestry. Cross References 08.01.07.04A(6)

.04 Hunting. A. General. (1) The Director may establish areas designated for public hunting and areas for leased hunting. (2) Notice. (a) The areas open to public hunting and leased hunting shall be posted. (b) The designated public hunting areas shall be published annually in th…

.05 Closing Against Entry. A. This regulation does not apply to employees of the Department on official business. B. The Service may, by notice, close certain areas of Chesapeake Forest Lands to public entry and travel. C. The use of Chesapeake Forest Land roads is subject to the…

.06 Fires. A. An individual shall obtain a permit from the Service before kindling, building, maintaining, or using an open fire within a Chesapeake Forest Land tract. B. A fire permit may be revoked at any time by the Service.

.07 Camping. Camping on Chesapeake Forest Lands is limited to only those areas designated by the Department and requires a valid camping permit issued by the Service. The permit shall specify place and time period for camping. Cross References 08.01.07.14E

.08 Refuse and Rubbish. An individual may not deposit garbage, tires, sewage, waste, foodstuffs, paper, or other litter in Chesapeake Forest Lands.

.09 Plants, Rocks, Minerals, and Animals. A. This regulation does not apply to Department personnel performing their duties. B. Except as authorized in Regulation .04 of this chapter and §C of this regulation, an individual may not remove, disturb, damage, or destroy any plant, r…

.10 Vehicles. Pending Changes This section will be changed by the following pending documents: May 25, 2026: Maryland Register, Volume 53, Issue 10 A. The Service may restrict the use of bicycles, mountain bikes, and animals on certain forest roads and trails on Chesapeake Forest…

.11 Advertising. Unless a permit is obtained from the Service, an individual may not erect or post a sign, notice, or literature on Chesapeake Forest Lands.

.12 Encroachment. A. Private encroachments are prohibited on Chesapeake Forest Lands. B. Encroachments include, but are not limited to: (1) Fences; (2) Walls; (3) Dog runs; (4) Dog houses; (5) Storage structures; (6) Driveways; (7) Compost piles; (8) Swimming pools; (9) Tree hous…

.13 Pets. Pets shall be kept under reasonable control consistent with the safety of forest users and forest wildlife. An individual with a pet shall prevent the pet from biting individuals. Pets may not be permitted to disturb forest wildlife outside of hunting activities.

.14 Weapons. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) Term Defined. “Weapon” means: (a) A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including but not limited t…

.15 Damage to Public Property. A person may not injure, deface, or vandalize any part of the lands owned or controlled by the Service or any building, sign, gate, equipment, or other public property on those lands.

.16 Disorderly Conduct. An individual may not act in a disorderly manner on Chesapeake Forest Lands by: A. Making loud and unseemly noises or profanely cursing, swearing, or using obscene language; B. Indecently exposing their person or performing any indecent act; C. Throwing mi…

.01 Petitions for Declaratory Rulings. A. Who May File. Any interested person may petition the Secretary for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Department of Natural Resources to any person or property. B…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board of Public Works” means the Board established by Article XII of the Constitution of Maryland, consisting of the Governor, the Treasurer, and the Comptroller of Maryla…

.02 Appraisals. A. This regulation applies to all real property acquisitions made under Natural Resources Article, §1-109, Annotated Code of Maryland. B. Before any real property is acquired from an owner, other than by gift, the Department shall obtain two independent appraisals…

.01 Scope. A. This chapter applies to all units of State and local government that construct projects subject to the Coast Smart Construction Program. B. This chapter does not apply to the reconstruction of a highway facility.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) The following terms have the meaning stated in Natural Resources Article, §3-1001, Annotated Code of Maryland: (a) “Coast Smart”; (b) “Coast Smart Council”; (c) “Design cri…

.03 Applicability. A. A project shall comply with the Coast Smart Construction Program if it meets the criteria in §B of this regulation. B. The applicable Coast Smart Construction Program criteria are: (1) The project is a capital project; (2) The project is located within the C…