STATE STATUTES & CODES
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MARYLAND STATUTES AND CODES
Section 16-106 - Use of licensed marine contractor to undertake activities under this title.
§ 16-106. Use of licensed marine contractor to undertake activities under this title.
(a) In general; exception.-
(1) A person that undertakes or authorizes an activity that requires a license or permit under this title shall:
(i) Hire a licensed marine contractor to do the work; or
(ii) Be a licensed marine contractor.
(2) Notwithstanding any other provision of law, a residential or commercial property owner shall be exempt from the requirement to be or to hire a licensed marine contractor under subsection (a) of this section if:
(i) The property owner performs marine contractor services on the property owner's own property; and
(ii) The property owner obtains the necessary tidal wetlands licenses or permits required under this title.
(b) Penalties; separate offense.-
(1) A person who violates subsection (a) of this section or any regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
(2) Each day that a person conducts marine contractor services without a license constitutes a separate offense.
(c) Civil action.-
(1) In addition to any other sanction under this section, a civil action may be brought against a person for a violation of subsection (a) of this section or any regulation adopted under this section.
(2) A person may be liable for a civil penalty under this subsection not to exceed $10,000 for each violation.
(d) Penalties paid into Wetlands and Waterways Program Fund.- Any penalties collected under this section shall be paid into the Wetlands and Waterways Program Fund established under § 5-203.1 of this article, for the administration of the Marine Contractors Licensing Board established under Title 17 of this article.
(e) Regulations.- The Department shall adopt regulations to administer and enforce the provisions of this section.
[2010, ch. 286.]