[HISTORY: Adopted and amended as indicated in text.]
[1969 Code, sec. 94A. P.L.L., 1971, ch. 792[1]]
A.
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.
B.
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.
[1]
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."
