LAWRENCE J. HOGAN, JR., Governor Ch. 523
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Chapter 523
(Senate Bill 582)
AN ACT concerning
Natural Resources – Recreation on Private Land – Hunting
FOR the purpose of providing that if a landowner directly invites or permits on a limited
entry basis, with or without charge, an individual to use the landowner’s real
property for hunting, the invited or permitted individual impliedly consents to
adhere to every law, observe every safety precaution and practice, observe all
property boundaries, take every precaution against fire, and assume all
responsibility and liability for the individual’s safety and property while hunting on
the landowner’s real property; altering the stated purpose of the Maryland
Recreational Use Statute; and generally relating to hunting on private land.
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 5–1106 5–1102(a), 5–1106, and 5–1109
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
5–1102.
(a) The purpose of this subtitle is to encourage any owner of land to make land,
water, and airspace above the land and water areas available to the public for any
recreational and educational purpose, OR ON A LIMITED ENTR Y BASIS FOR ANY
RECREATIONAL HUNTING PURPOSE, by limiting the owner’s liability toward any person
who enters on land, water, and airspace above the land and water areas for these purposes.
5–1106.
(A) The provisions of this subtitle do not limit in any way any liability which
otherwise exists for [willful]:
(1) WILLFUL or malicious failure to guard or warn against a dangerous
condition, use, structure, or activity; or [for]
Ch. 523 2022 LAWS OF MARYLAND
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(2) EXCEPT AS PROVIDED IN § 5–1109 § 5–1109(A)(2) OF THIS
SUBTITLE, injury suffered where the owner of the land charges the person who enters or
goes on the land for recreational or educational use. [However, if]
(B) IF land is leased to the State or any of its political subdivisions, any
consideration the owner receives for the lease is not a charge within the meaning of this
section.
5–1109.
(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the
landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for
hunting, any person who uses the part of the real property impliedly consents to adhere to
every law, to observe every safety precaution and practice, to take every precaution against
fire, and to assume all responsibility and liability for the person’s safety and property while
cross–country skiing, using an OHV, or hunting on the landowner’s real property.
(2) IF A LANDOWNER DIRECTLY INVITES OR PERMITS ON A LIMITED
ENTRY BASIS , WITH OR WITHOUT CHARGE , AN INDIVIDUAL TO USE THE
LANDOWNER ’S REAL PROPERTY FOR HUNTING, THE INVITED OR PERMI TTED
INDIVIDUAL WHO USES THE REAL PROPERTY FO R HUNTING IMPLIEDLY CONSENTS
TO ADHERE TO EVERY L AW, TO OBSERVE EVERY SAF ETY PRECAUTI ON AND
PRACTICE, TO OBSERVE ALL PROPE RTY BOUNDARIES , TO TAKE EVERY PRECAU TION
AGAINST FIRE, AND TO ASSUME ALL RE SPONSIBILITY AND LIA BILITY FOR THE
INDIVIDUAL’S SAFETY AND PROPERT Y WHILE HUNTING ON T HE LANDOWNER ’S REAL
PROPERTY.
(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner
leases any defined part of the landowner’s real property for the use of cross–country skiing,
for the use of an OHV, or for hunting.
(c) The Department shall adopt regulations to allow cross–country skiing, OHV
use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on
which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this
section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.