Charles County, MD
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Table of Contents
Table of Contents
[HISTORY: Adopted and amended as indicated in text.]
Roads and bridges — See Ch. 104.
Building construction — See Ch. 224.
Grading and sedimentation control — See Ch. 244.
[1969 Code, sec. 94A. P.L.L., 1971, ch. 792[1]]
Unlawful dredging activities; exception. It shall be unlawful to dredge for sand, gravel or other aggregates or minerals in any of the tidal waters or marshlands of Charles County, provided that this chapter shall not conflict with any necessary channel dredging operation for the purposes of navigation.
Violations and penalties. Any person violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $500 nor more than $2,500, provided, further, that each day such offense continues shall be a separate violation of this chapter and subject to penalties thereof.
Editor's Note: The following statement appeared in the 1969 Code immediately following former Sec. 94A: "The presence of natural resources, including wetlands, is a valid exercise of police powers.
"A court will not pass upon the Legislature's wisdom in prohibiting the dredging of wetlands in order to protect waters, as opposed to permit procedure.
"A prohibition against dredging waters places riparian owners in the same position as they were at common law. Any loss caused by such a ban is not of such magnitude as to justify a finding that the police power was invalidly exercised. "Unused riparian rights are not entitled to constitutional protections so long as they remain unexercised prior to their revocation by the Legislature.
"A prohibition against the dredging of wetlands is a rational and reasonable regulation in light of the potential and real harm caused thereby and is not a denial of equal protection of the laws. Territorial uniformity is not a constitutional prerequisite.
"Chapter 792 of 1971 applies to all persons, but is limited to Charles County because the wetlands sought to be protected are located in Charles County. The act is consequently a valid local law and not a special act.
"A person of ordinary intelligence applying a reasonable investigation of ordinary commercial knowledge would construe 'marshlands' as 'wetlands' and would have fair notice as to what conduct is prohibited by Chapter 792 of 1971. Potomac Sand and Gravel Company v. Maryland, 266 Md. 358."