Md. Code, Local Government, Title 25

Md. Code, Local Government, Title 25
in effect

Md. Code, Local Government § 25-101

(a) In this title the following words have the meanings indicated. (b) “Board of directors” means the board of directors of a watershed association. (c) “Board of viewers” means a board of watershed 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 legislative body to perform the responsibilities of the designated officer under this title. (e) “Landowner” means a person who owns, or has contracted to purchase, land that would be affected by a watershed project being considered by a watershed association or proposed watershed association. (f) “Watershed association” means a public watershed association established under this title.

Md. Code, Local Government § 25-102

This title does not authorize: (1) the interference with legal water rights; or (2) 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 § 25-103

(a) On a petition filed under § 25–201 of this title, the county commissioners, county council, or Mayor and City Council of Baltimore City may establish a watershed association. (b) A watershed association may: (1) construct, operate, and maintain a watershed project for: (i) watershed protection; (ii) flood prevention; (iii) recreation; (iv) soil conservation; (v) drainage; (vi) the conservation, development, storage, use, and disposal of water for any beneficial purpose in watershed and subwatershed areas; or (vii) the protection of areas subject to sediment or erosion damage; and (2) cooperate with local, State, and federal units of government.

Md. Code, Local Government § 25-104

Watershed protection, flood prevention, recreation, soil conservation, drainage, and the conservation, development, storage, use, and disposal of water for any beneficial purpose benefit the public and promote public health, safety, and welfare.

Md. Code, Local Government § 25-201

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

Md. Code, Local Government § 25-202

(a) The petition shall: (1) clearly describe the area’s location, boundaries, and problems to be addressed by the establishment of a watershed association; (2) describe the public benefit or the public health, safety, or welfare that would be promoted by establishing a watershed project for watershed protection, flood prevention, recreation, soil conservation, drainage, or the conservation, development, storage, use, and disposal of water for any beneficial purpose; and (3) request the establishment of a watershed 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 or subwatershed area.

Md. Code, Local Government § 25-203

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

Md. Code, Local Government § 25-204

(a) (1) The county commissioners, county council, or Mayor and City Council of Baltimore City shall examine the petition and report at the first meeting after receiving the petition and report. (2) If the county commissioners, county council, or Mayor and City Council of Baltimore City 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 county commissioners, county council, or Mayor and City Council of Baltimore City find the petition and report are in proper form and in compliance with the law, the county commissioners, county council, or Mayor and City Council of Baltimore City 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, county council, or Mayor and City Council of Baltimore City 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 watershed association would be located; and (ii) send notice of the hearing and any later hearing to the: 1. Department of Agriculture; 2. State Soil Conservation Committee in the Department of Agriculture; 3. Department of the Environment; and 4. Water and Science Administration in the Department of the Environment. (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 § 25-205

If the land described in the petition is located in two or more counties, the county commissioners, county council, or Mayor and City Council of Baltimore City 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 § 25-206

(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, county council, or Mayor and City Council of Baltimore City 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 § 25-301

(a) On approval of the petition and report filed under Subtitle 2 of this title, the county commissioners, county council, or Mayor and City Council of Baltimore City shall: (1) establish a watershed association that is composed of the landowners; and (2) name the organization the “_______ Public Watershed Association”. (b) A watershed association created under this title is a political subdivision of the State and a body politic and corporate. (c) A watershed 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 § 25-302

(a) Within 30 days after the approval of the petition and report, the county commissioners, county council, or Mayor and City Council of Baltimore City shall call a meeting of the landowners to: (1) elect a board of directors; and (2) determine the compensation for the board of directors. (b) (1) At least 10 days before the meeting, the county commissioners, county council, or Mayor and City Council of Baltimore City shall post a notice of the meeting at four public places in the area or vicinity of the area affected by the watershed association. (2) The notice shall state the time, place, and purpose of the meeting. (c) Each landowner is entitled to one vote in the election of the board of directors. (d) The board of directors elected under subsection (a) of this section shall determine by a random drawing the directors 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 § 25-303

(a) Each year, the landowners shall meet to elect a successor to: (1) any director whose term expired on or before the date of the meeting; and (2) any director who died or resigned since the last annual meeting. (b) (1) The county commissioners, county council, or Mayor and City Council of Baltimore City shall appoint an individual to fill a vacancy on the board of directors if: (i) the board of directors does not call an annual meeting of landowners; or (ii) the board of directors holds an annual meeting of landowners but the landowners do not elect a director as required under subsection (a) of this section. (2) If there is a vacancy on the board of directors, the county commissioners, county council, or Mayor and City Council of Baltimore City may appoint a director to serve until the next annual meeting of landowners.

Md. Code, Local Government § 25-304

(a) (1) Except as provided in subsection (b) of this section, the term of each director elected or appointed under § 25–303 of this subtitle is 3 years. (2) Each director shall serve until a successor is elected or appointed. (b) A director who is elected or appointed to fill a vacancy caused by death or resignation shall hold the office for the rest of the term and until a successor is elected or appointed.

Md. Code, Local Government § 25-305

(a) The board of directors shall elect a chair, a secretary, and any other necessary officer from among its members. (b) The board of directors shall obtain a surety bond for any officer or employee who is entrusted with money.

Md. Code, Local Government § 25-307

The county commissioners, county council, or Mayor and City Council of Baltimore City shall: (1) retain the original petition and report approved under § 25–206(b) of this title; and (2) deliver a copy of the approved petition and report to the board of directors and the State Soil Conservation Committee in the Department of Agriculture.

Md. Code, Local Government § 25-308

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

Md. Code, Local Government § 25-309

(a) In January of each year, the board of directors shall call a meeting of landowners. (b) (1) At least 10 days before the meeting, the board of directors shall post a notice of the meeting at four public places in the area or vicinity of the area affected by the watershed association. (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 directors; and (2) transact any other business that may properly come before the landowners. (d) The board of directors shall file a copy of the annual report and a copy of the minutes from the meeting with the designated officer.

Md. Code, Local Government § 25-310

(a) The board of directors may call a special meeting of landowners at any time. (b) (1) At least 10 days before the meeting, the board of directors shall: (i) post a notice of the meeting at four public places in the area or vicinity of the area affected by the watershed association; and (ii) mail a notice to each landowner in the watershed association. (2) The notice shall state the time, place, and purpose of the meeting.

Md. Code, Local Government § 25-401

(a) (1) The board of directors of the watershed association shall develop a work plan for the watershed or subwatershed area. (2) The watershed work plan may include: (i) watershed protection; (ii) flood prevention; (iii) recreation; (iv) soil conservation; (v) drainage; and (vi) the conservation, development, storage, use, and disposal of water for any beneficial purpose. (b) In developing the watershed work plan, the board of directors: (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 directors: (1) may enter the land to make surveys and examinations for developing a watershed work plan; and (2) is liable for actual damage done to any land entered during a survey or examination.

Md. Code, Local Government § 25-402

The watershed work plan developed under § 25–401 of this subtitle shall include: (1) the location of each proposed watershed project on a map, drawing, or aerial photograph; (2) a general delineation of the boundaries of the area affected by the watershed 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 watershed association, including an estimate of the acreage of each tract; and (5) the total estimated construction cost of each proposed watershed project.

Md. Code, Local Government § 25-403

(a) On completion of the watershed work plan, or on the acceptance of a previously completed watershed work plan, the board of directors shall call a meeting of the landowners to vote on the adoption of the plan for submission to the county commissioners, county council, or Mayor and City Council of Baltimore City. (b) (1) At least 10 days before the meeting, the board of directors shall: (i) post a notice of the meeting in four public places in the area or vicinity of the area affected by the watershed 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 directors shall determine whether to submit the watershed work plan to the county commissioners, county council, or Mayor and City Council of Baltimore City for review and approval. (2) In making the determination, the board of directors 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 watershed project; and (iv) the extent of the benefits to the voter’s land by the watershed project.

Md. Code, Local Government § 25-404

(a) (1) If the board of directors decides to submit the watershed work plan to the county commissioners, county council, or Mayor and City Council of Baltimore City, the board of directors shall submit three copies of the watershed work plan. (2) The county commissioners, county council, or Mayor and City Council of Baltimore City shall forward a copy of the watershed work plan to the State Soil Conservation Committee in the Department of Agriculture. (b) The board of directors shall include with the submission of the watershed work plan a statement that the board of directors has determined that the watershed 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 § 25-405

(a) (1) If, after the review and approval of the watershed work plan under § 25–404 of this subtitle, the board of directors determines that it is in the interest of the watershed association to modify the purpose, scope, or location of the watershed project covered in the watershed work plan in a manner that would change the benefits or damages to landowners, the board of directors shall develop a supplemental watershed work plan. (2) The supplemental watershed work plan shall: (i) be developed as provided in § 25–401 of this subtitle; and (ii) include the modified watershed project. (b) The board of directors and the county commissioners, county council, or Mayor and City Council of Baltimore City shall follow the procedures set forth in §§ 25–402 through 25–404 of this subtitle in implementing the supplemental watershed work plan. (c) A watershed viewers’ report required under § 25–505 of this title based on a supplemental work plan developed and submitted under this subtitle that is approved by the county commissioners, county council, or Mayor and City Council of Baltimore City shall supersede any prior watershed viewers’ report.

Md. Code, Local Government § 25-501

(a) (1) On approval of a watershed work plan submitted in accordance with § 25–404 of this title, the county commissioners, county council, or Mayor and City Council of Baltimore City shall appoint a board of viewers composed of at least three impartial individuals. (2) A member of the board of viewers may not be a landowner. (b) If a watershed project described in a watershed work 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 watershed 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, county council, or Mayor and City Council of Baltimore City. (d) The county commissioners, county council, or Mayor and City Council of Baltimore City shall set the compensation for the members of a board of viewers.

Md. Code, Local Government § 25-502

(a) On receipt of a copy of a watershed work plan from the county commissioners, county council, or Mayor and City Council of Baltimore City, a board of viewers: (1) (i) shall engage the services of private engineers; or (ii) may use the services of planners and engineers of local, State, and federal units of government; (2) enter and view, with the individuals described in item (1) of this subsection, the land described in the watershed work plan and the proposed watershed project as laid out on the ground; and (3) make careful and thorough examination of the area to determine the benefits and damages that would result from the proposed watershed project to the land in the area affected by the watershed association. (b) A board of viewers shall consider as damages, without regard to any benefit that would result from the proposed watershed project: (1) the value of land taken for construction of the proposed watershed project; (2) inconvenience imposed by the construction of the proposed watershed project; and (3) other lawfully compensable damages.

Md. Code, Local Government § 25-503

(a) A board of viewers: (1) shall determine the amount sufficient to pay: (i) the cost of a proposed watershed project; (ii) any damages awarded; (iii) any compensation for an existing watershed project that the board of viewers adopts in accordance with § 25–504 of this subtitle; (iv) the expenses of the board of viewers; and (v) the costs of establishing the watershed association; (2) shall subtract from the amount determined under item (1) of this subsection any amounts in money or service received from the county or any other source; (3) shall assess each tract of land in the area affected by the watershed association 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 watershed project; and (4) may not assess a tract of land for an amount that is more than the benefits that would accrue to the tract of land from the watershed project. (b) Notwithstanding any other law, the county commissioners, county council, or Mayor and City Council of Baltimore City may: (1) contribute in money, services, equipment, or materials toward the costs of any watershed project authorized under this title from general funds of the county; or (2) allocate toward the costs of any watershed project any other money that is available for the watershed project.

Md. Code, Local Government § 25-504

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

Md. Code, Local Government § 25-505

(a) At the earliest practicable date, the board of viewers shall submit three copies of a written report to the county commissioners, county council, or Mayor and City Council of Baltimore City. (b) The report shall state: (1) the name of each person entitled to damages and the amount of the damages; (2) the name of each person entitled to compensation for a watershed project adopted under § 25–504 of this subtitle and the amount of the compensation; (3) the amount determined under § 25–503(a)(1) of this subtitle; and (4) the amount for which each benefited tract of land shall be assessed as its share of the total cost of the watershed project and its proportion of the whole.

Md. Code, Local Government § 25-506

(a) (1) The county commissioners, county council, or Mayor and City Council of Baltimore City shall examine a report submitted by a board of viewers under § 25–505 of this subtitle at the first meeting after receiving the report. (2) If the county commissioners, county council, or Mayor and City Council of Baltimore City find that the report 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, county council, or Mayor and City Council of Baltimore City find that the report is in proper form and in compliance with the law, the county commissioners, county council, or Mayor and City Council of Baltimore City 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, county council, or Mayor and City Council of Baltimore City 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 to be affected by the watershed association is located; (ii) mail a notice to each person named in the report; and (iii) if a landowner or an owner of other property named in the report resides outside the State, serve written notice of the hearing on the tenant or agent of the landowner or owner of the other property. (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 board of viewers report shall be available for inspection in the office of the designated officer.

Md. Code, Local Government § 25-507

(a) At a hearing under § 25–506 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, county council, or Mayor and City Council of Baltimore City shall consider carefully each objection presented, taking into account the apportionment of costs and benefits. (c) If a well founded objection can be resolved at the hearing by changing the report, the board of viewers shall make the changes necessary to treat each concerned person equitably. (d) To help make a decision, the county commissioners, county council, or Mayor and City Council of Baltimore City may poll the landowners present who are named in the report of the board of viewers, considering the apportionment of benefits and damages. (e) The county commissioners, county council, or Mayor and City Council of Baltimore City 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. (f) On approval of the report by the county commissioners, county council, or Mayor and City Council of Baltimore City, the board of directors may install, operate, and maintain the watershed project described in the watershed work plan.

Md. Code, Local Government § 25-508

(a) If a report is disapproved, the county commissioners, county council, or Mayor and City Council of Baltimore City 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, county council, or Mayor and City Council of Baltimore City 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 § 25-509

If the property or interest of a minor who does not have a guardian is affected by a watershed project under this subtitle, the orphans’ court of the county shall appoint a guardian to protect the interests of the minor.

Md. Code, Local Government § 25-510

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

Md. Code, Local Government § 25-511

(a) A person who may be adversely affected by any watershed project connected with the proposed watershed association may apply for an order of review to the county commissioners, county council, or Mayor and City Council of Baltimore City at any time before the approval of the report. (b) The county commissioners, county council, or Mayor and City Council of Baltimore City 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 § 25-512

(a) A person who is aggrieved by a determination of the county commissioners, county council, or Mayor and City Council of Baltimore City, or by any proceedings under this title relating to a watershed project, 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.

Md. Code, Local Government § 25-601

(a) A watershed association may acquire any right–of–way, easement, or other property right necessary to construct and maintain the watershed project for: (1) watershed protection; (2) flood prevention; (3) recreation; (4) soil conservation; (5) drainage; and (6) the conservation, development, storage, use, and disposal of water for any beneficial purpose. (b) (1) A watershed 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 watershed association has in the county. (2) A watershed 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 § 25-602

For a watershed project that consists of stream channel improvement or drainage, the board of directors shall acquire any right–of–way or easement necessary to construct and maintain the channel improvements to dispose of excavated material according to standards of good engineering practice.

Md. Code, Local Government § 25-603

For a watershed project that consists of stream channel improvement or drainage, the board of directors of a watershed association in Charles County shall acquire any right–of–way or easement necessary to construct and maintain the drainage improvements and to dispose of excavated material according to standards of good drainage practice, regardless of the date that the watershed association was formed.

Md. Code, Local Government § 25-604

(a) If a landowner refuses to accept the damages awarded to the landowner by the board of viewers and approved by the county commissioners, county council, or Mayor and City Council of Baltimore City and refuses the necessary access to the landowner’s land, the board of directors may begin condemnation proceedings under Title 12 of the Real Property Article to acquire a right–of–way, easement, or other property right. (b) This title does not authorize the use of condemnation proceedings to acquire the right to use water separate and apart from the land to which the water is incident.

Md. Code, Local Government § 25-701

(a) The board of directors shall implement the watershed project. (b) The board of directors may: (1) hire employees; (2) buy, hire, or rent machines, and buy explosives and other materials; (3) award contracts; (4) enter into an agreement with county, State, or federal units of government; (5) acquire and hold water rights; (6) plan and carry out watershed projects for storage, use, and distribution of water; (7) charge for the use of water in the watershed, using the proceeds from the sale of the water to pay for water rights or to construct, maintain, repair, improve, and operate the watershed project; and (8) do other acts as necessary, including borrowing money, in the name of the board of directors, if the borrowing is approved by the county commissioners, county council, or Mayor and City Council of Baltimore City. (c) The board of directors shall: (1) keep a regular account of its income and expenses; and (2) report its income and expenses at the annual meetings of the watershed association and other meetings of the landowners.

Md. Code, Local Government § 25-702

(a) The board of directors shall control and supervise each watershed project under this title for: (1) watershed protection; (2) flood prevention; (3) recreation; (4) soil conservation; (5) drainage; or (6) the conservation, development, storage, use, and disposal of water for any beneficial purpose. (b) The board of directors shall keep each watershed project in good repair.

Md. Code, Local Government § 25-801

(a) A special assessment imposed under this title shall be imposed on the land benefited by a watershed project. (b) If a tract of land subject to a special assessment under this title is divided, the board of directors 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 § 25-802

Notwithstanding any other provision of law, a unit of State or local government that is a landowner shall pay a fee or special assessment imposed under this title if the fee or special assessment is imposed on all land that is similarly benefited or damaged by the proposed watershed project in an area affected by a watershed association.

Md. Code, Local Government § 25-803

(a) The board of directors shall determine the amount to be raised to implement an approved watershed project. (b) The board of directors 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 directors; 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, county council, or Mayor and City Council of Baltimore City 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 watershed project, a supplemental special assessment shall be imposed in the same manner.

Md. Code, Local Government § 25-804

(a) As an alternative to raising funds as provided in § 25–803 of this subtitle, the board of directors may issue and sell bonds or notes as provided in this section for an amount not exceeding the total cost of the watershed project. (b) (1) The board of directors shall give notice of a proposal to issue bonds or notes by: (i) publication at least once each week for at least 3 weeks in a newspaper of general circulation in the county in which any part of the area affected by the watershed association is located; (ii) posting a notice for at least 15 days at the door of the courthouse in the county in which any part of the area affected by the watershed association is located; and (iii) posting a notice for at least 15 days at four public places in the area or vicinity of the area affected by the watershed association. (2) The notice shall provide: (i) the proposal to issue bonds or notes to pay for the cost of the watershed 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 watershed project. (3) Before issuing any bonds or notes under this section, the board of directors 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 watershed projects. (d) The board of directors shall: (1) certify to the county commissioners, county council, or Mayor and City Council of Baltimore City 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 directors 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 directors 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 directors 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 as authorized by the board of directors to carry out the plan of watershed projects; and (iii) use any surplus to redeem bonds. (g) (1) The board of directors shall certify to the county commissioners, county council, or Mayor and City Council of Baltimore City 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 watershed 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 watershed work plan approved by the county commissioners, county council, or Mayor and City Council of Baltimore City provides for adopting any existing watershed project, the board of directors may: (1) pay the amount necessary to acquire the existing watershed 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 watershed project. (i) (1) The county tax collector shall report to the board of directors 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 directors 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 directors. (2) The circuit court of the county may issue a writ of mandamus against the board of directors 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 directors shall certify the amount 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 directors, 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 watershed projects completed under this section as if completed with funds by assessments without issuing bonds or notes.

Md. Code, Local Government § 25-805

(a) (1) The board of directors shall impose an annual special assessment on the benefited land to provide a fund to maintain, repair, and operate a watershed project constructed under this title. (2) The amount of the annual special assessment shall be equal to the estimated cost to operate and maintain the watershed project as determined by an annual inspection to be made at a time set by the board of directors, less any amount that may be received from any other source. (b) If the funds received under subsection (a) of this section are inadequate to provide for the necessary maintenance, repair, or operation, a supplemental assessment may be imposed on the benefited land. (c) The assessments under this section shall be imposed and disbursed in the same manner as provided for the special assessments under § 25–803 of this subtitle.

Md. Code, Local Government § 25-806

(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 directors. (b) For each watershed association in the county, the county tax collector shall keep a separate record that shows all income and expenses.

Md. Code, Local Government § 25-807

(a) If the land affected by the watershed association that is subject to assessment is located in two or more counties, the board of directors shall prepare a separate assessment list for each county. (b) The board of directors shall send the assessment lists for each county to the designated officer for the county in which the watershed association was organized. (c) (1) Except as provided in paragraph (2) of this subsection, the procedure for imposing special assessments under this section shall be as provided for in § 25–803 of this subtitle. (2) The county commissioners, county council, or Mayor and City Council of Baltimore City in which the watershed association was organized shall certify the assessment lists for the other counties to the appropriate governing body. (3) The county commissioners, county council, or Mayor and City Council of Baltimore City shall then certify the assessment lists to the respective county tax collectors for action as provided for in § 25–803 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 watershed association was organized and credited to the watershed association.

Md. Code, Local Government § 25-808

(a) From the money that first becomes available under this title to the board of directors, the board of directors 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 watershed projects; and (4) the expenses incident to the organization of the watershed association. (b) (1) On request by the board of directors, the county commissioners, county council, or Mayor and City Council of Baltimore City 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 from special assessments imposed on the landowners for the watershed project.

Md. Code, Local Government § 25-809

(a) This section applies to the following governmental entities: (1) a county; (2) a drainage district; (3) a municipality; (4) a public drainage association; or (5) a soil conservation district. (b) A governmental entity that may reasonably be expected to receive a benefit from the construction, improvement, operation, or maintenance of any watershed project under this subtitle may spend money to construct, improve, operate, or maintain the watershed project, even if the watershed project is not located in the area served by the governmental entity or in the State. (c) (1) If the payment under subsection (b) of this section is not made directly by the governmental entity for a watershed project, the payment shall be made only through a soil conservation district or a watershed association organized under the laws of the State. (2) It is not necessary that any part of the area served by the governmental entity be located in the soil conservation district or watershed association through which the payment is made. (3) A governmental entity may provide in its budget money for watershed projects. (4) A municipality or county may impose taxes for watershed projects in the manner provided by law.

Md. Code, Local Government § 25-901

(a) (1) A majority of the landowners or the owners of a majority of the land affected by a watershed association may submit a petition to dissolve the watershed association to the county commissioners, county council, or Mayor and City Council of Baltimore City in which the watershed association was organized. (2) A complete list of the creditors of the watershed association certified under oath by the board of directors shall accompany the petition. (b) On receipt of a petition under subsection (a) of this section, the county commissioners, county council, or Mayor and City Council of Baltimore City 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 watershed association and each landowner; and (ii) publication in a newspaper of general circulation in each county affected by the watershed association. (c) (1) The county commissioners, county council, or Mayor and City Council of Baltimore City 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, county council, or Mayor and City Council of Baltimore City 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 watershed association shall be distributed to the landowners in proportion to the original assessments.

Md. Code, Local Government § 25-902

(a) Notwithstanding § 25–901 of this subtitle, on a written petition for dissolution by any member of the most recently elected or appointed board of directors of a watershed association in Washington County considered inactive as provided in subsection (b) of this section, the County Commissioners of Washington County promptly shall: (1) consider all available information to determine the current operating status and foreseeable operating potential of the watershed association; and (2) approve or deny the petition for dissolution. (b) For the purpose of this section, a watershed association in Washington County is considered inactive if for at least 5 years the watershed 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 watershed file at the office of the clerk of the county; (2) election of a board of directors and officers of the board; (3) an annual meeting of landowners in the area affected by the watershed association; (4) the submission of an annual report by the board of directors to the clerk of the county; (5) the development, approval, filing, execution, or maintenance of a work plan applicable to property owned by the watershed association; and (6) the submission and regular updating of the watershed association’s easement record in the office of the clerk of the circuit court in the applicable county. (c) (1) This subsection applies only after the County Commissioners of Washington County approve a petition for dissolution under this section. (2) If any balance remains in the county treasury to the credit of the dissolved watershed association, the county commissioners shall: (i) satisfy all outstanding debts of the watershed association; and (ii) retain any remaining balance. (3) The county commissioners shall provide for the transfer of any interest in real property held by the watershed association to the county in which the property is located.

Md. Code, Local Government § 25-1001

(a) A person who is assessed for a ditch or drain that does not pass through or under 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 under this section through the land of another person without the consent of the owner of the land.

Md. Code, Local Government § 25-1002

(a) If a watershed 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 watershed 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 watershed 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 § 25-1003

(a) If a channel 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 build a 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 § 25-1101

(a) A person may not prevent a member of the board of directors or an employee or agent of the board of directors from entering land as authorized under § 25–401(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 $50.

Md. Code, Local Government § 25-1102

(a) (1) Except as provided in paragraph (2) of this subsection, a person may not obstruct a watershed 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 $20 for each offense. (c) Each fine collected under this section shall be paid to the county tax collector and credited to the watershed 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