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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 703   View pdf image (33K)
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CONSERVATION OF NATURAL RESOURCES 703

Commission unless and until the same has been approved by the Board
of Public Works of Maryland. And whenever the existence of any mineral
or rare earth deposit under the public navigable waters of the Chesapeake
Bay is brought to the attention of the Conservation Commission by an
applicant, preference is to be given to the discoverer of the deposit as
against any other applicant within the discretion of the Board of Public
Works. All such permits or leases shall contain such regulations, covering
operations thereunder for the purpose of extracting minerals or rare earths,
including the number of acres permissible under one permit, as well as the
number of permits to any one person, firm, association or corporation, as
shall seem necessary to the Conservation Commission and the Board of
Public Works for the protection of navigation channels and all other inter-
ests of the State.

No permit or lease shall be granted under the provisions of this sub-title
for the removal or extracting of minerals or rare earths within 300 yards
of mean low water mark without the written permission of the riparian
owner or owners, nor within 300 yards of any charted natural oyster bar
or leased bottom. No one permit or lease shall be made for more than 500
acres and no leased area under the provisions of this sub-title shall be
within 600 yards of any other such leased area.

An. Code, 1924, sec. 19. 1929, ch. 574, sec. 19.

19. Immediately after the approval of the application by the Board
of Public Works of Maryland, the Conservation Commission shall exe-
cute and deliver to the applicant an exclusive permit or lease to dredge for
or otherwise recover rare earths and minerals from the lands approved in
the application. This permit or lease shall be exclusive in its nature and
while it remains in force no other permit or lease shall be granted covering
the same land. The permit or lease shall run for not more than five years
unless approved by the General Assembly of Maryland; provided, that,
upon the expiration of any permit or lease, such permit or lease may be
extended from time to time at the discretion of the Conservation Commis-
sion, with the approval of the Board of Public Works until the next
session of the General Assembly of Maryland, upon such terms and condi-
tions as may then be prescribed by law. Any person, firm, association or
corporation who has been granted a permit or lease shall pay a rental of
$5.00 per acre in advance for a five year permit or lease and such sum as
royalty per gross ton for the ensuing year as may be fixed by the Conser-
vation Commission with the approval of the Board of Public Works, at
the time the permit or lease is issued and shall be subject to yearly changes,
in the discretion of the Conservation Commission, with the approval of
the Board of Public Works; provided, that at the same time the yearly
statement is rendered, in accordance with the provision therefor in Section
14 of this Article, the Conservation Commission, with the approval of
the Board of Public Works, shall yearly fix the royalty per gross ton for
the ensuing calendar year.

An. Code, 1924, sec. 20. 1929, ch. 574, sec. 20.

20. The Conservation Commission, with the approval of the Board
of Public Works is hereby authorized to prepare, make, execute and deliver
all papers, instruments and documents and to do any and all things neces-
sary to carry out the provisions of this sub-title.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 703   View pdf image (33K)
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