1. A. These regulations are not intended to alter a local jurisdiction’s authority to assess fines, as provided under the Maryland Constitution or the Express Powers Act.

2. B. Each alleged violator who violates a provision of a local program shall be subject to separate fines for each offense in accordance with Natural Resources Article, §8-1808(c)(1)(iii)15, Annotated Code of Maryland, including:

   1. (1) Each violation constitutes a separate offense;
   2. (2) Each calendar day that a violation continues constitutes a separate offense; and,
   3. (3) Fines for a continuing violation shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.

3. C. In determining the amount of the penalty to be assessed, a local jurisdiction shall consider:

   1. (1) The gravity of the violation;
   2. (2) Any willfulness or negligence involved in the violation;
   3. (3) The environmental impact of the violation; and
   4. (4) The cost of restoration of the resources affected by the violation and mitigation for damage to that resource.
4. D. A jurisdiction shall require a bond or other financial security for restoration or mitigation that exceeds 1,000 square feet or $1,000, or adopt procedures approved by the Commission that ensure the restoration or mitigation is properly completed.

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)