A local jurisdiction shall include all of the following requirements as part of their enforcement program.

1. A. A local jurisdiction may obtain access to and enter a property in order to:

   1. (1) Identify or verify a suspected violation;
   2. (2) Restrain a development activity; or
   3. (3) Issue a notice of violation if a local jurisdiction believes that a violation of the local program has occurred or is occurring.
2. B. A local jurisdiction shall make a reasonable effort to contact a property owner before obtaining access to or entering the property.
3. C. If a property owner denies entry, a local jurisdiction may seek an injunction to enter the property to pursue an enforcement action.
4. D. If a local jurisdiction identifies an active violation, it shall issue a stop work order.

5. E. Within 30 days of identifying a violation or issuing a stop work order, a local jurisdiction shall send the alleged violator, via certified mail, a notice of violation letter that includes:

   1. (1) A description of the facts supporting the alleged violation;
   2. (2) References to the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, this title, or a local jurisdiction’s Critical Area program which have been alleged to have been violated;
   3. (3) A notice of the right to file an appeal in accordance with §J of this regulation;
   4. (4) If eligible to apply for a variance, an explanation that applying for a variance constitutes a waiver of the right to appeal the notice of violation;

   5. (5) Actions necessary to bring the site into compliance, which may include:

      1. (a) Paying fines in accordance with Regulation .04 of this chapter;
      2. (b) A description of the abatement and restoration measures required under §H of this regulation to resolve the violation and the deadline by which those measures must be implemented;
      3. (c) If the violation is a clearing violation, a requirement that the alleged violator replant trees where the cutting or clearing occurred in accordance with a plan prepared by the State Forester, a licensed professional forester, a licensed landscape architect, or a Forest Conservation Qualified Professional approved by the Department of Natural Resources;
      4. (d) A mitigation plan as required under §H of this regulation; and
      5. (e) Applying for an after-the-fact variance; and
   6. (6) A deadline for when a response action is required from the alleged violator.

6. F. The local jurisdiction shall:

   1. (1) Track the deadlines required in §E of this regulation;
   2. (2) Communicate in writing if an alleged violator fails to meet the initial deadline; and

   3. (3) Perform one of the following actions if the alleged violator does not resolve the violation as required by the notice of violation, and fails to respond to the local jurisdiction’s written communication for 30 days:

      1. (a) Request assistance from the Commission;
      2. (b) Refer the matter to the Commission as required under Regulation .05 of this chapter for referral to the Office of the Attorney General;
      3. (c) Refer the matter to the local jurisdiction’s Office of Law to bring an enforcement action, including civil penalties;
      4. (d) Refer the matter to the Office of the Attorney General for criminal prosecution; or
      5. (e) If the violation is for clearing, file suit in circuit court for damages in an amount equal to the estimated cost of replanting trees which shall be paid by the alleged violator to the local jurisdiction.
7. G. If a local jurisdiction fails to comply with the requirements under §F of this regulation, the Commission may notify the local jurisdiction of the deficiency and take any necessary actions, in accordance with Natural Resources Article, §8-1809(n), Annotated Code of Maryland.

8. H. The local jurisdiction may require any of the following actions in order to remedy the violation:

   1. (1) Abatement;
   2. (2) A restoration plan to provide plantings at a mitigation rate in accordance with a local program; and
   3. (3) A mitigation plan to provide plantings at the rate required by a local program if the alleged violator pursues an after-the-fact variance.

9. I. If the alleged violator pursues an after-the-fact variance, mitigation requirements are cumulative and consist of plantings for:

   1. (1) The violation in accordance with an approved restoration plan under §H(2) of this regulation; and
   2. (2) The variance in accordance with an approved mitigation plan under §H(3) of this regulation.
10. J. A local jurisdiction shall provide an appeals process consistent with their local program that allows the alleged violator to appeal the notification of violation.

Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

Effective date: December 11, 2025 (52:24 Md. R. 1199)