Md. Code, Local Government, Title 26

Md. Code, Local Government, Title 26
in effect

Md. Code, Local Government § 26-101

(a) In this title the following words have the meanings indicated. (b) “Board of managers” means the board of managers of a drainage association. (c) “Board of viewers” means the board of drainage viewers established under this title. (d) “Designated officer” means: (1) the clerk of the county commissioners for a code county or commission county if there is a clerk for the county; or (2) an employee or official of the county who is designated by the county commissioner or county council to perform the responsibilities of the designated officer under this title. (e) “Drainage association” means a public drainage association established under this title. (f) “Landowner” means a person who owns, or has contracted to purchase, land that is to be affected by a drainage project being considered by a drainage association or proposed drainage association.

Md. Code, Local Government § 26-103

This title does not: (1) restrict a charter county or code county from exercising a power granted under § 10–321 of this article; or (2) authorize: (i) the removal of a milldam; (ii) the interference with legal water rights of a mill; or (iii) the diversion of water in a manner that deprives an owner of land over which water flows of the benefits and water rights to which the owner of the land is legally entitled.

Md. Code, Local Government § 26-104

(a) The county commissioners or county council of a county may establish a drainage association. (b) A drainage association may: (1) locate and establish a ditch, drain, or canal; and (2) establish and maintain a watershed drainage system by constructing, straightening, widening, or deepening any ditch, drain, or watercourse.

Md. Code, Local Government § 26-106

The county commissioners or county council shall notify the Secretary of Agriculture and the State Soil Conservation Committee in the Department of Agriculture of the establishment of a drainage association so that coordination and assistance may be provided in accordance with § 8–602 of the Agriculture Article.

Md. Code, Local Government § 26-107

If any owner of property affected by any proceedings under this title resides out of State, a written notice of the proceedings of the county commissioner or county council served on the tenant or agent of the owner at least 30 days before the proceedings shall be as good and sufficient as if the owner resided in the State.

Md. Code, Local Government § 26-201

A petition to establish a drainage association shall be filed with the designated officer of the county in which all or a part of the land to be affected by the proposed drainage association is located.

Md. Code, Local Government § 26-202

(a) The petition shall: (1) clearly describe the area’s location, boundaries, and need of drainage for optimal crop production; (2) describe how draining or ditching the area or changing the natural watercourse benefits the public or promotes the public health, safety, or welfare; and (3) request the establishment of a drainage association for the purposes listed in item (2) of this subsection. (b) A petition is valid only if signed by at least one–third of the landowners or the owners of at least one–third of the land in a watershed.

Md. Code, Local Government § 26-203

(a) (1) The petition shall be accompanied by a report from the local soil conservation districts serving the area of the proposed drainage association. (2) The report shall state: (i) the size and location of the area of the proposed drainage association; (ii) the nature of the problem to be addressed; (iii) the type of treatment believed to be needed and the benefits anticipated; (iv) whether the proposed drainage association is feasible and is generally supported by the landowners in the area; (v) whether the proposed drainage association will benefit the public and promote the public health, safety, and welfare; (vi) the name of the proposed drainage association, in the form of the “________ Public Drainage Association”; and (vii) the number of managers, equaling not less than three, to serve as the board of managers. (b) The local soil conservation districts shall file with the report maps that show: (1) a general delineation of the area of the proposed drainage association; and (2) the area’s location in each county in which it lies.

Md. Code, Local Government § 26-204

(a) (1) The county commissioners or county council shall examine the petition and report at the first meeting after receiving the petition and report. (2) If the county commissioners or county council find the petition and report are not in proper form or not in compliance with the law, the petition and report shall be returned to the petitioners to be corrected and resubmitted. (3) If the petition and report are in proper form and in compliance with the law, the county commissioners or county council shall set a date for a public hearing on the petition and report. (b) (1) At least 10 days before the hearing, the county commissioners or county council shall: (i) publish notice of the time and place of the hearing in a newspaper of general circulation in each county in the area in which the proposed drainage association would be located; and (ii) send notice of the hearing and any later hearing to the: 1. Department of Agriculture; and 2. State Soil Conservation Committee in the Department of Agriculture. (2) The notice of the hearing shall state that a copy of the report is available for inspection in the office of the designated officer. (c) A copy of the report shall be available for inspection in the office of the designated officer.

Md. Code, Local Government § 26-205

If the land described in the petition is located in two or more counties, the county commissioners or county council of an affected county may exercise the jurisdiction conferred in this title, but the venue shall lie in the county in which the petition is filed.

Md. Code, Local Government § 26-206

(a) At the hearing on the petition and report, the petitioners, any affected local soil conservation district, and any other person may appear in person or by counsel and object to any part of the report. (b) The county commissioners or county council may: (1) disapprove the petition and report and return them to the petitioners for amendment in view of the objections presented; or (2) approve the petition and report as submitted or amended.

Md. Code, Local Government § 26-301

(a) On approval of the petition and report filed under Subtitle 2 of this title, the county commissioners or county council shall: (1) establish a drainage association that is composed of the landowners; and (2) name the organization the “_______ Public Drainage Association”. (b) A drainage association created under this title is a political subdivision of the State and a body politic and corporate. (c) A drainage association may: (1) acquire, hold, and convey property; (2) sue and be sued; (3) adopt a seal; and (4) exercise corporate powers.

Md. Code, Local Government § 26-302

(a) Within 30 days after the approval of the petition and report, the county commissioners or county council shall call a meeting of the landowners to elect a board of managers. (b) (1) At least 10 days before the meeting, the county commissioners or county council shall post a notice of the meeting at four public places in the area or vicinity of the area of the drainage association. (2) The notice shall state the time, place, and purpose of the meeting. (c) (1) Each landowner is entitled to vote in the election of the board of managers until the board of viewers report is approved by the county commissioners or county council. (2) When the report of the board of viewers is approved, each landowner is entitled to vote according to the special assessment on the landowner shown in the report as follows: (i) for any special assessment not exceeding $15, one vote; (ii) for any special assessment more than $15 and not exceeding $35, two votes; (iii) for any special assessment more than $35 and not exceeding $60, three votes; (iv) for any special assessment more than $60 and not exceeding $100, four votes; (v) for any special assessment more than $100, one additional vote for each $50 in excess of $100, plus one additional vote for any remaining part less than $50. (3) Any landowner may vote by written proxy signed by the landowner. (d) A quorum consists of the number of landowners who are entitled to cast a majority of all the votes as provided in subsection (c) of this section. (e) On proof that notice has been given as required in subsection (b) of this section, if a quorum is not obtained, the county commissioners or county council shall appoint the managers. (f) The board of managers elected under subsection (a) of this section shall determine by a random drawing the managers who: (1) serve until the date of the first regular annual meeting; (2) serve until the date of the first regular annual meeting and for 1 year thereafter; or (3) serve until the date of the first regular annual meeting and for 2 years thereafter.

Md. Code, Local Government § 26-303

(a) (1) The term of each manager is 3 years. (2) Each manager shall serve until a successor is elected or appointed. (b) (1) Each year, the landowners shall meet to elect a successor to: (i) any manager whose term expired on or before the date of the meeting; and (ii) any manager who died or resigned since the last annual meeting. (2) A manager who is elected to fill a vacancy caused by death or resignation shall hold the office for the rest of the term. (c) (1) The county commissioners or county council shall appoint an individual to fill a vacancy on the board of managers if: (i) the board of managers does not call an annual meeting of landowners; or (ii) the board of managers holds an annual meeting of landowners but a quorum is not present. (2) The county commissioners or county council may appoint a manager to fill a vacancy on the board of managers until the next annual meeting of landowners.

Md. Code, Local Government § 26-306

The county commissioners or county council shall: (1) retain the original petition and report approved under § 26–206(b) of this title; and (2) deliver a copy of the approved petition and report to the board of managers and the State Soil Conservation Committee in the Department of Agriculture.

Md. Code, Local Government § 26-307

(a) The designated officer shall maintain a drainage file. (b) The drainage file shall contain the petitions, motions, orders, reports, and other exhibits necessary for a complete record of the establishment of each drainage association in the county.

Md. Code, Local Government § 26-308

(a) In January of each year, the board of managers shall call a meeting of the landowners. (b) (1) At least 10 days before the meeting, the board of managers shall post a notice of the meeting at four public places in the vicinity of the drainage project. (2) The notice shall state the time, place, and purpose of the meeting. (c) At the meeting, the landowners shall: (1) receive the annual report of the board of managers; and (2) transact any other business that may properly come before the landowners.

Md. Code, Local Government § 26-309

(a) The board of managers may call a special meeting of landowners at any time. (b) (1) At least 10 days before the meeting, the board of managers shall: (i) post a notice of the meeting at four public places in the vicinity of the drainage project; and (ii) mail a notice to: 1. each landowner; 2. the county commissioners or county council; and 3. the State Soil Conservation Committee in the Department of Agriculture. (2) The notice shall state the time, place, and purpose of the meeting.

Md. Code, Local Government § 26-401

(a) The board of managers shall develop a plan for agricultural drainage and soil conservation to promote optimal crop production by establishing and maintaining drainage systems that promote public health, safety, and welfare. (b) In developing the plan, the board of managers: (1) shall engage the services of private engineers; or (2) may use the services of planners and engineers of local, State, and federal units of government. (c) A member or an agent of the board of managers or a member or an agent of the board of viewers: (1) may enter any land to make surveys and examinations for developing a plan; and (2) is liable for actual damage done to any land entered during a survey or examination.

Md. Code, Local Government § 26-402

The plan developed under § 26–401 of this subtitle shall include: (1) the location of each proposed drainage project on a map, drawing, or aerial photograph; (2) a general delineation of the boundaries of the area affected by the drainage association with the general location in the county affected; (3) engineering plans in sufficient detail to describe the proposed project; (4) a general delineation of the boundaries of each tract of land in the area affected by the drainage association, including an estimate of the acreage of each tract; and (5) the total estimated construction cost of each proposed drainage project.

Md. Code, Local Government § 26-403

(a) On completion of the plan, or on the acceptance of a previously completed plan, the board of managers shall call a meeting of the landowners to vote on the adoption of the plan for submission to the county commissioners or county council. (b) (1) At least 10 days before the meeting, the board of managers shall: (i) post a notice of the meeting in four public places in the area or vicinity of the area of the drainage association; and (ii) mail a notice to each landowner. (2) The notice shall state the time, place, and purpose of the meeting. (c) At the meeting required under subsection (a) of this section: (1) each landowner is entitled to one vote; and (2) any landowner may vote by proxy if the proxy is dated, signed by the individual entitled to vote, and witnessed by at least one individual. (d) (1) The board of managers shall determine whether to submit the plan to the county commissioners or county council for review and approval. (2) In making the determination, the board of managers shall consider: (i) the vote of each landowner; (ii) the probable apportionment of benefits to each landowner based on acreage; (iii) the location of the drainage project; and (iv) the extent of the benefits to the voter’s land by the drainage project.

Md. Code, Local Government § 26-404

(a) (1) If the board of managers decides to submit the plan to the county commissioners or county council, the board of managers shall submit three copies of the plan. (2) The county commissioners or county council shall forward a copy of the plan to the State Soil Conservation Committee in the Department of Agriculture. (b) The board of managers shall include with the submission of the plan a statement that the board of managers has determined that the drainage project: (1) is feasible; (2) will benefit the public and promote public health, safety, and welfare; and (3) will produce sufficient benefits to warrant the expenditure.

Md. Code, Local Government § 26-501

(a) (1) On approval of a plan submitted in accordance with § 26–404 of this title, the county commissioners or county council shall appoint a board of viewers composed of at least three impartial individuals who reside in the vicinity of the area of the drainage association. (2) A member of the board of viewers may not be a landowner. (b) If a drainage project described in a plan is located in more than one county, at least one member of the board of viewers shall be from each county in which the drainage project is located. (c) An individual who is appointed as a member of a board of viewers may not act in that capacity until the individual provides written notice of acceptance of the appointment to the county commissioners or county council. (d) (1) If any member of the board of viewers dies, moves from a county in which the area of the drainage association is located, or otherwise is unable to act, the county commissioners or county council shall appoint a replacement as soon as feasible. (2) The appointment of a replacement does not affect the validity of any work of the board of viewers. (e) Each member of a board of viewers and the engineer is entitled to receive compensation for each day spent on duties as agreed by the county commissioners or county council and the members and engineer appointed under § 26–503 of this subtitle.

Md. Code, Local Government § 26-502

At least 10 days before proceeding with its duties, the board of viewers shall: (1) post a notice of its intention to proceed at four public places in the area described in the petition; (2) publish a notice in a newspaper of general circulation published in each county in which the lands to be viewed are located; and (3) send a copy of the notice to the county commissioners or county council, the Secretary of Agriculture, and the State Soil Conservation Committee in the Department of Agriculture.

Md. Code, Local Government § 26-503

(a) On receipt of a copy of the plan from the county commissioners or county council, a board of viewers shall: (1) (i) engage the services of a private engineer; or (ii) use the services of an engineer of a local, State, or federal unit of government; (2) enter and view, with the individuals described in item (1) of this subsection, the land described in the petition; (3) make careful and thorough examination of the land described in the petition and of other land if necessary to locate properly the project that is the subject of the petition; (4) include in the area of the proposed drainage association all land that would be benefited and exclude any land described in the petition that it determines would not be benefited by the proposed improvement; (5) conduct surveys to determine the boundaries and elevations of the area and to develop a plan for the project; and (6) lay out on the ground a plainly and substantially marked line of each ditch or drain or other improvement that it considers necessary. (b) A board of viewers shall consider as damages, without regard to any benefit that would result from the proposed drainage project: (1) the value of land taken for construction of the proposed drainage project; (2) inconvenience imposed by the construction of the proposed drainage project; and (3) other lawfully compensable damages.

Md. Code, Local Government § 26-504

(a) A board of viewers: (1) shall determine the amount sufficient to pay: (i) the cost of constructing or improving a proposed drainage project; (ii) any damages awarded; (iii) any compensation for an existing drainage project that the board of viewers adopts in accordance with § 26–505 of this subtitle; (iv) the expenses of the board of viewers; and (v) the costs of establishing the drainage association; (2) shall subtract from the amount determined under item (1) of this subsection any amounts received from the county commissioners or county council or any other source; and (3) shall assess each landowner, including the State or a political subdivision of the State, that will derive a benefit from the proposed drainage project a proportion of the amount described in item (2) of this subsection, based on the benefits that would accrue to the tract of land from the drainage project. (b) Notwithstanding any other law, the county commissioners or county council may: (1) contribute toward the costs of a drainage project authorized under this title from general funds of the county; or (2) allocate toward the costs of any drainage project any other money that is available for the drainage project.

Md. Code, Local Government § 26-505

(a) A board of viewers may adopt an existing drainage project as a whole drainage project or as a part of a drainage project, under this title. (b) If an existing drainage project is adopted by the board of viewers, it shall pay fair compensation to each landowner for the value of work already done on the drainage project.

Md. Code, Local Government § 26-506

(a) At the request of the board of managers, the county commissioners or county council shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the improvements has changed. (b) The board of viewers appointed under this section shall have the same qualifications, rights, powers, privileges, and duties as the original board of viewers. (c) (1) The board of viewers shall report its findings to the county commissioners or county council. (2) The county commissioners or county council shall consider the report in the same manner as the original report, and the report shall be subject to a public hearing and the right to judicial review as provided under § 26–513 of this subtitle. (d) Any revision in the original determination as to which lands benefit from the drainage project shall become the basis for all future assessments for paying for the drainage project, including related expenses such as damages and the maintenance of the drainage project. (e) Notwithstanding the requirements of this section, the board of managers, at any time after the creation of a drainage association, may determine which land in the association is classified as woodland, cropland, commercial, industrial, or residential.

Md. Code, Local Government § 26-507

(a) At the earliest feasible date, the board of viewers shall submit three copies of a written report to the county commissioners or county council and to the State Soil Conservation Committee in the Department of Agriculture. (b) The report shall state: (1) whether the proposed drainage project: (i) is feasible; (ii) will benefit the public or promote the public health, safety, or welfare; and (iii) will benefit the land to be affected by the drainage project sufficiently to warrant the probable expenditure; (2) the name of each person entitled to damages and the amount of the damages; (3) the name of each person entitled to compensation for a drainage project adopted under § 26–505 of this subtitle and the amount of the compensation; (4) the amount determined under § 26–504(a)(1) of this subtitle; and (5) the amount for which each landowner shall be assessed as a share of the total cost of the drainage project and its proportion of the whole. (c) The board of viewers shall file with the report three copies of maps and profiles that show: (1) the location of the proposed drainage project on a map, drawing, or aerial photograph to a suitable scale; (2) a general delineation of the boundary of the area affected, with the general location in the county indicated; (3) a general delineation of the boundaries of each landowner’s tract, with an estimate of the acreage that each tract contains; and (4) the dimensions and profiles of the proposed drainage project.

Md. Code, Local Government § 26-508

(a) (1) The county commissioners or county council shall examine a report submitted by a board of viewers under § 26–507 of this subtitle at the first meeting after receiving the report. (2) If the county commissioners or county council find that a report under § 26–507 of this subtitle is not in proper form or not in compliance with the law, the report shall be returned to the board of viewers to be corrected and resubmitted. (3) If the county commissioners or county council find that a report under § 26–507 of this subtitle is in proper form and in compliance with the law, the county commissioners or county council shall set a date for a public hearing on the report. (b) (1) At least 30 days before a hearing under this section, the county commissioners or county council shall: (i) publish notice of the time and place of the hearing in a newspaper of general circulation in each county in which the land affected is located; and (ii) mail a notice to each person named in the report. (2) Notice of the hearing shall state that a copy of the report is available for inspection in an office of the designated officer. (c) A copy of the report of the board of viewers shall be: (1) available for inspection in an office of the designated officer; and (2) sent to the Secretary of Agriculture and the State Soil Conservation Committee in the Department of Agriculture.

Md. Code, Local Government § 26-509

(a) At a hearing under § 26–508 of this subtitle: (1) the board of viewers and engineers shall be present; and (2) any person may appear in person or by counsel and object to any part of the report. (b) The county commissioners or county council shall consider carefully each objection presented under subsection (a) of this section. (c) If possible at the hearing, the board of viewers may make changes to the report necessary to treat each concerned person equitably. (d) The county commissioners or county council may: (1) disapprove the report; (2) return the report to the board of viewers for amendment or reconsideration in view of an objection presented; or (3) approve the report as submitted or as amended. (e) On approval of the report by the county commissioners or county council, the board of managers may install, operate, and maintain the drainage project described in the report.

Md. Code, Local Government § 26-510

(a) If a report is disapproved, the county commissioners or county council shall pay the expenses properly incurred in making the survey and report and in publishing notices. (b) To reimburse the county for the expenses described in subsection (a) of this section, the county commissioners or county council may impose a special assessment in equal amounts on the property of the landowners who signed the petition filed under Subtitle 2 of this title.

Md. Code, Local Government § 26-511

(a) The county commissioners or county council or circuit court for the county in which proceedings are pending may, on application of any party and at any time before a final decision is made, grant leave to the party to amend the petition or any part of the proceedings that may be defective or informal to bring the merits of the case before the county commissioners or county council for a decision or before a jury of the circuit court for trial. (b) The county commissioners or county council or circuit court for the county may award costs.

Md. Code, Local Government § 26-512

(a) A person who may be adversely affected by the making of any ditch or drain or who may be assessed for any part of the costs of a ditch or drain may apply for an order of review to the county commissioners or county council at any time before the approval of the report. (b) The county commissioners or county council may grant an order of review and appoint another board of viewers to redo the work done by the original board of viewers.

Md. Code, Local Government § 26-513

(a) A person who is aggrieved by a determination of the county commissioners or county council or by any proceedings under this title relating to drains may appeal to the circuit court of the county in which the determination was made or proceedings were conducted. (b) Either party may elect a trial by jury and the judgment in the trial shall be final between the parties.

Md. Code, Local Government § 26-601

(a) The board of managers may acquire any right–of–way and easement necessary to construct and maintain the drainage projects or dispose of excavated material according to an approved operation and maintenance plan. (b) (1) The board of managers of each drainage association shall submit to the clerk of the circuit court in the appropriate county a book, to be known as the “easement record”, that contains each easement for maintenance or right–of–way, according to the original design specifications or for not less than 20 feet, that the drainage association has in the county. (2) A drainage association shall keep the easement record current. (3) The clerk of a circuit court shall make an easement record available for inspection by the public.

Md. Code, Local Government § 26-602

If a landowner refuses to accept the damages awarded to the landowner by the board of viewers and approved by the county commissioners or county council and refuses the necessary access to the landowner’s land, the board of managers may begin condemnation proceedings under Title 12 of the Real Property Article to acquire a right–of–way.

Md. Code, Local Government § 26-701

(a) The board of managers shall implement the drainage project. (b) The board of managers may: (1) hire employees; (2) buy, hire, or rent machines, and buy explosives; (3) award contracts; (4) enter into an agreement with any county, State, or federal unit of government; and (5) do other acts as necessary, including borrowing money, in the name of the board of managers, if the borrowing is approved by the county commissioners or county council. (c) The county tax collector shall make payment on behalf of the drainage association as directed by the board of managers. (d) The board of managers shall: (1) keep a regular account of its income and expenses; and (2) report its income and expenses to the annual meetings of the drainage association and meetings of the landowners.

Md. Code, Local Government § 26-702

(a) The board of managers shall control and supervise each drainage project under this title. (b) The board of managers shall keep each drainage project in good repair in accordance with an approved operation and maintenance plan.

Md. Code, Local Government § 26-801

(a) A special assessment imposed under this title shall be imposed on the lands benefited by a drainage project. (b) If a tract of land subject to a special assessment under this title is divided, the board of managers shall determine the ratio in which any later special assessment is to be imposed on each subdivided tract of land based on the proportion of the benefit to each tract.

Md. Code, Local Government § 26-802

(a) The board of managers shall determine the amount of money to be raised to implement an approved drainage project. (b) The board of managers shall prepare an assessment list that shows the amount due from each landowner subject to the special assessment. (c) The special assessments imposed on each tract of land shall be proportional to the total assessments. (d) The assessment list required under subsection (b) of this section shall be: (1) signed by the board of managers; and (2) sent to the designated officer. (e) (1) The designated officer shall certify the conformance of the assessment list with this section. (2) After receiving the certification of the assessment list, the county commissioners or county council shall certify the assessment list to the county tax collector. (f) (1) The county tax collector shall include the special assessments imposed under this section in the next bills for county taxes. (2) The special assessments are: (i) due and collectible at the same time and in the same manner as county taxes; and (ii) subject to the same interest and penalties for late payment and nonpayment as county taxes. (g) If the special assessments collected under this section are insufficient to complete the drainage project, a supplemental special assessment shall be imposed in the same manner.

Md. Code, Local Government § 26-803

(a) As an alternative to raising funds as provided in § 26–802 of this subtitle, the board of managers may issue and sell bonds or notes as provided in this section for an amount not exceeding the total cost of the drainage project. (b) (1) The board of managers shall give notice of a proposal to issue bonds or notes by: (i) publication at least once a week for at least 3 weeks in a newspaper of general circulation in the county in which any of the area of the drainage association is located; (ii) posting a notice at the door of the courthouse in the county in which any of the area of the drainage association is located; and (iii) posting a notice at five conspicuous places in the area or vicinity of the area of the drainage association. (2) The notice shall provide: (i) the proposal to issue bonds or notes to pay for the cost of the drainage project; (ii) the amount of bonds or notes to be issued; (iii) the interest rate for the bonds or notes or the method of determining the interest; and (iv) the date when the bonds or notes are payable. (c) (1) Within 15 days after the publication or posting of the notice in subsection (b) of this section, a landowner may pay to the county tax collector the full amount for which the landowner is liable, as provided in the report of the board of viewers. (2) If a landowner pays the full amount as provided in paragraph (1) of this subsection, the landowner is relieved from further liability for the particular drainage project. (3) Before issuing any bonds or notes under this section, the board of managers shall deduct from the estimated amount of bonds or notes to be issued the amount paid in advance by a landowner and shall issue bonds or notes only in the decreased amount. (4) Any amount paid in advance to the county tax collector shall be held in a separate fund to be added to the proceeds of the bonds or notes issued and to be spent to implement the plan of drainage projects. (d) The board of managers shall: (1) certify to the county commissioners or county council the amount of bonds or notes to be issued; and (2) submit an assessment list of all properties for which payments have not been made, showing for each landowner the full amount due, less interest, with the total amount for all landowners equaling the certified amount. (e) (1) After the assessment list has been submitted as provided in subsection (d) of this section, the board of managers shall issue bonds or notes in the certified amount. (2) All bonds or notes issued under this section: (i) shall be sold under the serial maturity plan; (ii) shall have a maturity date of 12 years or less from the date of issue; (iii) may not be sold for a price less than par; and (iv) may be sold at a public or private sale. (3) Subject to paragraph (2) of this subsection, the board of managers may provide for the form, date, interest rate, and other details incident to the offering, sale, execution, and delivery of the bonds. (4) Bonds issued under this section are exempt from §§ 19–205 and 19–206 of this article. (f) (1) The board of managers shall pay the proceeds from the sale of bonds under this section to the county tax collector. (2) The county tax collector shall: (i) retain the proceeds in a special fund; (ii) disburse the proceeds only as authorized by the board of managers to carry out the plan of drainage projects; and (iii) use any surplus to redeem bonds. (g) (1) The board of managers shall certify to the county commissioners or county council and to the county tax collector the total amount due each year for the redemption of the bonds or notes issued under this section, including all payments of principal and interest. (2) Each year, the county tax collector shall compute the amount due from each landowner, based on the amounts shown in the drainage assessment list, so that the total amounts individually due in any year equal the aggregate sum required in that year to pay the principal of and interest on the bonds or notes. (3) The county tax collector shall include in the regular tax bill for each taxable year the amounts computed under paragraph (2) of this subsection. (4) The special assessments are: (i) due and collectible at the same time and in the same manner as county taxes; and (ii) subject to the same interest and penalties for late payment or nonpayment as county taxes. (h) If the drainage work plan approved by the county commissioners or county council provides for adopting any existing drainage project, the board of managers may: (1) pay the amount necessary to acquire the existing drainage project from the proceeds of any bonds or notes issued under this section; or (2) reimburse a landowner from the proceeds of any bonds or notes issued under this section for any amount spent by the landowner in the construction of the existing drainage project. (i) (1) The county tax collector shall report to the board of managers at regular intervals on the amount collected as special assessments during each interval, including a list showing the amount received from each landowner. (2) The board of managers shall order the amount collected as special assessments to be paid by the county tax collector for the principal of and interest on the bonds or notes issued. (j) (1) If an installment of principal of or interest on the bonds or notes issued under this subtitle is not paid at the time and in the manner it is due and payable and the default continues for a period of 6 months, the holder of the bond or note in default shall have a right of action against the board of managers. (2) The circuit court of the county may issue a writ of mandamus against the board of managers that directs the imposition of a special assessment against landowners in default in an amount necessary to meet unpaid installments of principal and interest and the costs of the action. (3) The board of managers shall certify the amounts of the special assessment to the county tax collector who shall proceed immediately to collect the special assessment from the landowners in default according to the procedure provided in this subtitle. (4) When the county tax collector collects the amounts certified under paragraph (3) of this subsection, the county tax collector, on order of the board of managers, shall pay the installments of principal and interest in default and the costs of the action. (5) The official bonds of the county tax collector and any other officers shall be liable for the faithful performance of the duties assigned to the officers under this subtitle. (6) The holder of any bond or note in default may bring suit against any officer on the official bond of the officer for failing to perform a duty required under this section. (k) This title shall apply to drainage projects completed under this section as if completed with funds by assessments without issuing bonds or notes.

Md. Code, Local Government § 26-804

(a) (1) The board of managers may impose a special assessment on the public and private benefited land for maintenance of a drainage project constructed under this title. (2) If the board of managers requests, the county commissioners or county council may appoint a board of viewers to evaluate changes in land use made after the original determination for a drainage project. (3) The board of managers may use the evaluation report as a basis to impose a special assessment for maintenance of a drainage project. (b) The special assessments under this section shall be imposed and disbursed in the same manner as provided for other special assessments under this subtitle, except that the board of managers may, at any time, determine which land is classified as woodland, cropland, commercial, industrial, or residential.

Md. Code, Local Government § 26-805

(a) The special assessments imposed under this subtitle shall remain in the county treasury until disbursed by the county tax collector on orders signed by the board of managers. (b) (1) Except as provided in paragraph (2) of this subsection, the county tax collector shall be entitled to retain 3% of the drainage special assessments collected under this subtitle as compensation. (2) In Caroline County, the county tax collector shall deposit all fees collected into the general fund of Caroline County. (c) For each drainage association in the county, the county tax collector shall keep a separate record that shows all income and expenses.

Md. Code, Local Government § 26-806

(a) If the lands of the drainage association that are subject to assessment are located in two or more counties, the board of managers shall prepare a separate assessment list for each county. (b) The board of managers shall send the assessment list for each county to the designated officer for the county in which the drainage association was organized. (c) (1) Except as provided in paragraph (2) of this subsection, the procedure to impose a special assessment under this section shall be as provided under § 26–802 of this subtitle. (2) (i) The county commissioners or county council of the county in which the drainage association was organized shall certify the assessment lists for the other counties to the appropriate county commissioners or county council. (ii) The county commissioners or county council shall then certify the tax assessment lists to the respective county tax collectors for action as provided under § 26–802 of this subtitle. (d) All money collected in the several counties as provided under this section shall be paid over to the county tax collector of the county in which the drainage association was organized and credited to the drainage association.

Md. Code, Local Government § 26-807

(a) From the money that first becomes available under this title to the board of managers, the board of managers shall pay: (1) the compensation and expenses of the board of viewers and the engineers; (2) any damages awarded; (3) any compensation awarded for existing drainage projects; and (4) the expenses incident to the organization of the drainage association. (b) (1) On request by the board of managers, the county commissioners or county council may advance funds to pay the costs in subsection (a) of this section. (2) An advance under paragraph (1) of this subsection shall be repaid from the money first received to pay special assessments imposed on the landowners for the drainage project.

Md. Code, Local Government § 26-901

(a) (1) A majority of the landowners or the owners of a majority of the land in the area of a drainage association may submit a petition to dissolve the drainage association to the county commissioners or county council of the county in which the drainage association was organized. (2) A complete list of the creditors of the drainage association certified under oath by the board of managers shall accompany the petition. (b) On receipt of a petition under subsection (a) of this section, the county commissioners or county council shall: (1) set a date for a public hearing on the petition; and (2) give notice of the time, place, and purpose of the hearing at least 30 days before the hearing by: (i) notice mailed to each creditor of the drainage association and each landowner; and (ii) publication in a newspaper of general circulation in each county affected by the drainage association. (c) (1) The county commissioners or county council may deny or approve a petition for dissolution after a public hearing under this section. (2) On approval of a petition for dissolution, the county commissioners or county council shall give notice of the dissolution in the same manner as required under subsection (b) of this section. (d) After payment of all debts, any balance in the county treasury to the credit of the dissolved drainage association shall be distributed to the landowners in proportion to the original assessments.

Md. Code, Local Government § 26-902

(a) For the purpose of this section, a drainage association is considered inactive if for at least 5 years the drainage association has not complied substantially with a majority of the ordinary operating procedures required under this title, including: (1) the maintenance of ongoing and current information in the drainage file at the office of the designated officer; (2) election of a board of managers and officers of the board; (3) an annual meeting of landowners; (4) the submission of an annual report by the board of managers to the designated officer; (5) the development, approval, filing, execution, or maintenance of a work plan applicable to property owned by the drainage association; and (6) the submission and regular updating of the drainage association’s easement record in the office of the clerk of the circuit court in the applicable county. (b) Notwithstanding § 26–901 of this subtitle, on a written petition for dissolution by any member of the most recently elected or appointed board of managers of an inactive drainage association, the county commissioners or county council of the county in which the drainage association was organized promptly shall: (1) provide public notice that the county commissioners or county council has received and is considering a petition for dissolution of a drainage association; (2) hold a public hearing to accept public comment before taking any action on the petition; (3) consider all available information to determine the current operating status and foreseeable operating potential of the drainage association; and (4) approve or deny the petition for dissolution. (c) If the county commissioners or county council approve a petition for dissolution under this section, the county commissioners or county council shall: (1) satisfy all outstanding debts of the drainage association if any balance remains in the county treasury to the credit of the dissolved drainage association; (2) retain any remaining balance; and (3) provide for the transfer of any interest in real property held by the inactive drainage association to any county in which the property is located.

Md. Code, Local Government § 26-1001

(a) A person who is assessed for a ditch or drain that does not pass through or on the person’s land may open a ditch or install drain tile through the intervening land to connect to the main ditch and keep the ditch or drain tile open at the person’s expense and control. (b) A person may not open a ditch or install drain tile through the land of another person without the consent of the owner of the land, unless the damages to the land accruing to the owner of the land are assessed by three owners of land appointed by the county commissioners or county council to assess the damages. (c) A person seeking to open a ditch or install drain tile under this section shall: (1) pay the costs of laying out and opening the ditch or drain; and (2) pay all damages awarded to any person who is injured by the ditch or drain before making the ditch or drain.

Md. Code, Local Government § 26-1002

(a) If a drainage project established under this title crosses a public highway at the intersection of the highway with a natural watercourse or depression through which water flows during periods of high water, the county in which the bridge is located or the governmental unit required by law to maintain the highway that is intersected shall: (1) pay the cost of an existing bridge, repairing or enlarging an existing bridge and culvert, or constructing a new bridge or culvert; and (2) maintain the bridge or culvert described in item (1) of this subsection. (b) If a drainage project established under this title crosses a public highway at a point where the highway does not intersect a natural watercourse or depression: (1) the drainage association shall pay the cost of constructing a new bridge or culvert; and (2) after construction, the county or other governmental unit required by law to maintain the highway that is intersected shall maintain the bridge and any culvert constructed.

Md. Code, Local Government § 26-1003

(a) If a drainage project established under this title crosses a railroad right–of–way at the intersection of the right–of–way with a natural watercourse or depression through which water flows at periods of high water, the railroad company shall: (1) construct, build, and maintain any necessary new bridge or culvert; or (2) enlarge, strengthen, reconstruct, or replace any existing bridge or culvert. (b) The expense to the railroad under subsection (a) of this section shall be: (1) considered an element of damage to the railroad company by the board of viewers; and (2) shown as a damage in the report of the board of viewers.

Md. Code, Local Government § 26-1101

(a) A person may not prevent a member, an employee, or an agent of the board of managers or a member or an agent of the board of viewers from entering land as authorized under § 26–401(c) of this title. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Local Government § 26-1102

(a) (1) Except as provided in paragraph (2) of this subsection, a person may not obstruct a drainage project constructed under this title in a manner that impedes the free flow of water. (2) A person may place a properly constructed swinging water gate across a ditch on a fence line to prevent livestock from trespassing through the ditch. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense. (c) Each fine collected under this section shall be paid to the county tax collector and credited to the drainage association that suffered the damage.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

Starting a business in Maryland? Maryland LLC guide: costs and requirements