ELR Citation: ELR 20230
No(s). 345 (Md. May 10, 1971)

A declaratory judgment was modified to the extent that a Worcester County riparian owner may reclaim land by filling in navigable waters in front of his shoreline as long as navigation is not obstructed, but he must comply with the Wetlands Act of 1970. Sections 15A and 15B of the Public Local Law, concerning control of dredging and filling activities, operate concomitantly with, and not exclusive of, the Wetlands Act. Authority of the Board of Public Works, under the Wetlands Act, to demand compensation to the state in return for the required permit to the riparian owner to dredge and fill is upheld. Title to the reclaimed land vests in the riparian owner to the same extent as title to the original upland vested.

Counsel for the Board of Public Works of Maryland:
Jon F. Oster Assistant Attorney General
301 West Preston Street
Baltimore, Md. 21202
(301) 383-3737

Richard M. Pollitt
Pollitt, Hughes & Bahen
110 North Division Street
Salisbury, MD 21801
(301) 742-7178

Counsel for Appellee:
Victor H. Laws
107 North Baptist Street
Salisbury, MD 21801
(301) 749-7500

Raymond S. Smethurst, Jr.
Adkins, Potts & Smethurst
111 High Street
Salisbury, MD 21801
(301) 742-3231