Section 16-205 - Monetary compensation for license. - Maryland Statutes

§ 16-205. Monetary compensation for license.
 

(a)  Required compensation.- The Board may require as a condition to issuance of a wetlands license that compensation be made to the State, of a kind and in an amount deemed appropriate by the Board. 

(b)  State Annuity Bond Fund Account.- Monetary compensation received by the State in conjunction with a wetlands license may not be applied to the State Annuity Bond Fund Account. 

(c)  Wetlands Compensation Fund.-  

(1) There is created a special fund, known as the Tidal Wetlands Compensation Fund. 

(2) The following money shall be deposited in the Tidal Wetlands Compensation Fund: 

(i) Any monetary payment by a licensee in lieu of creating, restoring, or enhancing tidal wetlands that is required by the Department or the Board as a condition of a permit or license; 

(ii) Any penalty imposed by a court in accordance with this title; and 

(iii) Any penalty imposed by the Department under this title. 

(d)  Acquisition and conservation of wetland areas.- Funds in the Tidal Wetlands Compensation Fund may be appropriated only for the creation, restoration, or enhancement of tidal wetlands, including: 

(1) Acquisition of land or easements; 

(2) Maintenance of mitigation sites; 

(3) Purchase of credits in mitigation banks; 

(4) Management of invasive or nuisance species identified by the Department; 

(5) Cost sharing assistance to landowners in the management and control of phragmites under Title 8, Subtitle 21 of the Natural Resources Article; and 

(6) Contractual services necessary to accomplish the intent of this subsection. 

(e)  Availability of funds.- Funds credited and any interest accrued to the Fund: 

(1) Shall remain available until expended; and 

(2) May not revert to the General Fund under any other provision of law. 

(f)  Deposits into Fund.- All monetary compensation paid to the State in conjunction with a wetlands license other than that specified under subsection (c)(2) of this section shall be deposited in the Wetlands and Waterways Program Fund established under § 5-203.1 of this article. 
 

[1985, ch. 579; 1990, ch. 6, § 2; 1995, ch. 488, § 3; 1996, ch. 429, § 1; 2004, ch. 505; 2005, ch. 25, § 13; 2008, ch. 142.]