ELR Citation: ELR 20581
No(s). 47,029 (Md. Cir. Ct. Apr 13, 1973)

The court upholds the authority of the Maryland Department of Water Resources to regulate the floodplain of free flowing waters on the basis of a 50-year flood frequency. The court sets the boundaries of the Indian Creek floodplain as those which occured during hurricane Agnes. The Department's regulation of floodplains is a legitimate exercise of police power because it benefits the general public by preserving water resources, is reasonably necessary to accomplish its purpose, and is not unduly oppressive. The Department's finding that appellant gravel company violated water quality regulations was made on the basis of adequate evidence. Appellant had fair notice of violation hearings. The exercise of other authority delegated to the Department under Section 25 of Article 96 A is not prerequisite to its enforcement of the regulations at issue.

Counsel for Plaintiff
Warren K. Rich Assistant Att'y Gen.
Department of Water Resources
Tawes Office Building
Annapolis, MD 21401

Counsel for Defendant
Edward Hartman II
Maryland National Bank
P.O. Box 1989
Annapolis, MD 21404