LAWRENCE J. HOGAN, JR., Governor Ch. 590
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Chapter 590
(Senate Bill 86)
AN ACT concerning
Department of Natural Resources – Lease Agreements – Trail Access Provision
FOR the purpose of requiring certain leases executed by the Department of Natural
Resources to include a provision relating to the access of to trail heads by certain
users; requiring the Secretary of Natural Resources to submit a certain annual
report to the Department of General Services; and generally relating to leases
executed by the Department of Natural Resources.
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 10–305(e)
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Finance and Procurement
10–305.
(e) (1) Whenever any unit of the State government leases any State–owned
property under its jurisdiction and control to any State employee, agent, or servant, or to
any other individual in State service, for the purpose of permitting the individual to
maintain a residence on or in the property, the lease shall be:
(i) executed by the unit; and
(ii) approved by the Secretary of General Services.
(2) The lease is not valid unless the Secretary of General Services approves
it.
(3) Whenever any unit of the State government leases any State–owned
property under its jurisdiction and control to any lessee, the lease shall include a provision
which prohibits the lessee from assigning or subleasing that property without the prior
approval of the Board of Public Works.
(4) (I) Whenever the State Highway Administration leases any
State–owned property under its jurisdiction and control to any person, the Administrator
of the State Highway Administration may execute the lease if: Ch. 590 2022 LAWS OF MARYLAND
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[(i)] 1. the lease is entered into on a 30–day renewable basis; and
[(ii)] 2. the duration of the tenancy does not exceed 1 year.
[(5)] (II) At least twice each year, the Administrator of the State Highway
Administration shall submit a report of the leases executed under the authority granted in
SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public
Works.
(5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES
LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTION AND CONTROL TO
ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQUIRES THE LESSEE
TO:
1. MAINTAIN A BORDER AROUND THE PROPERTY
SUFFICIENT TO ALL OW UNOBSTRUCTED ACCESS TO TRAIL HEADS BY TR AIL USERS
AND FIRST RESPONDERS ; AND
2. ENSURE THAT THE BORDER REQUIRED UNDE R ITEM 1
OF THIS SUBPARAGRAPH REMAINS TRAIL HEADS REMAIN FREE OF OBSTRUCTIONS
AT ALL TIMES.
(II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL
RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE
DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL
SERVICES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.