EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1461*
HOUSE BILL 1461
M1 4lr3453
CF SB 674
By: Delegate Allen
Introduced and read first time: February 12, 2024
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Abandoned or Sunken Vessels and Waterway Improvement Fund Grants 2
FOR the purpose of requiring the owner of a vessel that is required to be numbered to 3
include certain contact information with the application for a certificate of number; 4
requiring the Department of Natural Resources, within a certain number of days 5
before and after seizing, removing, or taking an abandoned or sunken vessel into 6
custody, to attempt to contact certain individuals in a certain manner; requiring the 7
Department to provide certain notice by posting certain information on the 8
Department’s website or through social media platforms under certain 9
circumstances; authorizing the Department to establish and administer a voluntary 10
vessel turn–in program; requiring the Department to distribute each fiscal year at 11
least a certain amount from the Waterway Improvement Fund to a certain 12
organization; and generally relating to abandoned and sunken vessels and the 13
Waterway Improvement Fund. 14
BY adding to 15
Article – Natural Resources 16
Section 8–709(e) and 8–721.2 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Natural Resources 21
Section 8–712(b) and 8–721 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Natural Resources 27 2 HOUSE BILL 1461
8–709. 1
(E) NOTWITHSTANDING ANY O THER PROVISION OF LA W, FOR FISCAL YEAR 2
2026 AND EACH FISCAL YEAR THEREAFTER , THE DEPARTMENT SHALL DIST RIBUTE 3
AT LEAST $250,000 FROM THE WATERWAY IMPROVEMENT FUND TO A STATEWIDE 4
MARYLAND–BASED HISTORIC PRESE RVATION NONPROFIT OR GANIZATION WITH 5
DEMONSTRATED EXPERIE NCE IN GRANTMAKING . 6
8–712. 7
(b) (1) The owner of any vessel to be numbered by this subtitle shall file an 8
application for a certificate of number with the Department. 9
(2) The application is on forms the Department approves, accompanied by 10
the requisite fee, and signed by every vessel owner. 11
(3) (I) THE OWNER OF THE VESS EL SHALL INCLUDE WIT H THE 12
APPLICATION CONTACT INFORMATION TO BE US ED: 13
1. IN THE EVENT OF AN EM ERGENCY; OR 14
2. IF THE VESSEL IS AT R ISK OF BECOMING AN 15
ABANDONED OR SUNKEN VESSEL AS DEFINED IN § 8–721 OF THIS SUBTITLE. 16
(II) THE CONTACT INFORMATI ON REQUIRED UNDER TH IS 17
PARAGRAPH SHALL INCL UDE THE MAILING ADDR ESS, TELEPHONE NUMBER , AND 18
E–MAIL ADDRESS FOR EAC H OWNER OF THE VESSE L. 19
(III) THE DEPARTMENT MAY REQUIR E THE OWNER OF THE 20
VESSEL TO PROVIDE ALTERNATE EM ERGENCY CONTACT INFO RMATION. 21
8–721. 22
(a) In this section, “abandoned or sunken vessel” means any vessel that: 23
(1) Is left illegally or has remained without permission for more than 30 24
days on public property, including public marinas, docks, or boatyards; 25
(2) Has remained at the following locations for more than 60 days without 26
the consent of the owner or person in control of the property: 27
(i) A private marina or property operated by a private marina; or 28
(ii) A private boatyard or property operated by a private boatyard; 29 HOUSE BILL 1461 3
(3) Has remained at the following locations for more than 30 days without 1
the consent of the owner or person in control of the property: 2
(i) A private dock; or 3
(ii) At or near waters’ edge on private property; 4
(4) Has remained on private property other than the private property 5
described in items (2) and (3) of this subsection for more than 180 days without the consent 6
of the owner or person in control of the property; or 7
(5) (i) Has been found adrift or unattended in or upon the waters of the 8
State and: 9
1. Is found in a condition of disrepair; 10
2. Presents a hazard or obstruction to the use of the waters 11
of the State; or 12
3. Presents a potential health or environmental hazard; and 13
(ii) Is not: 14
1. Historic property as defined in § 5A–301 of the State 15
Finance and Procurement Article; or 16
2. Submerged archaeological historic property as defined in 17
§ 5A–333 of the State Finance and Procurement Article. 18
(b) (1) The Department may seize, remove, and take into custody any 19
abandoned or sunken vessel. 20
(2) For this purpose, the Department may use its own personnel, 21
equipment, and facilities or use other persons, equipment, and facilities for removing, 22
preserving, or storing abandoned or sunken vessels. 23
(3) The Department, or a person removing, preserving, or storing an 24
abandoned or sunken vessel on behalf of the Department, may not be held liable for any 25
damage to an abandoned or sunken vessel which may occur during removal, storage, or 26
custody of the vessel. 27
(c) (1) Except as provided in subsection (g)(2) of this section, not later than 15 28
days before an abandoned or sunken vessel is seized, removed, or taken into custody under 29
subsection (b) of this section, the Department shall [send]: 30
(I) SEND a notice, by certified mail, return receipt requested, 31 4 HOUSE BILL 1461
bearing a postmark from the United States Postal Service to the [last known] registered 1
owner of the vessel, as shown on the records of the Department; AND 2
(II) ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 3
1. THE REGISTERED OWNER OF THE VESSEL AT THE 4
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 5
DEPARTMENT ; AND 6
2. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 7
UNDER § 8–712(B) OF THIS SU BTITLE INCLUDES AN A LTERNATE EMERGENCY 8
CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 9
(2) (i) Except as provided in subparagraph (ii) of this paragraph, as 10
soon as reasonably possible but not later than 15 days after the Department takes an 11
abandoned or sunken vessel into custody, the Department shall [send]: 12
1. SEND a notice, by certified mail, return receipt requested, 13
bearing a postmark from the United States Postal Service to the [last known] registered 14
owner of the vessel and to each known secured party, as shown on the records of the 15
Department; AND 16
2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 17
A. THE REGISTERED OWNER OF THE VESSEL AT THE 18
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 19
DEPARTMENT ; AND 20
B. IF THE APPLICATION FOR A CERTIFIC ATE OF NUMBER 21
UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 22
CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 23
(ii) As soon as reasonably possible but not later than 15 days after 24
the Department takes an abandoned or sunken vessel into custody in accordance with 25
subsection (g)(2) of this section, the Department shall [send]: 26
1. SEND a notice, by certified mail, return receipt requested, 27
bearing a postmark from the United States Postal Service to the last known registered 28
owner of the vessel and to each known secured party, as shown on the records of the 29
Department; AND 30
2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT: 31
A. THE REGISTERED OWNER OF THE VESSEL AT THE 32 HOUSE BILL 1461 5
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE 1
DEPARTMENT ; AND 2
B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER 3
UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY 4
CONTACT, THE ALTERNATE EMERGE NCY CONTACT . 5
(d) The notices required by subsection (c) of this section shall: 6
(1) Describe the vessel; 7
(2) If the vessel was taken into custody in accordance with subsection (g)(2) 8
of this section, describe the actual or potential hazard mitigated by removal of the vessel; 9
(3) Give the location where the vessel is being held; 10
(4) Inform the owner and secured party of a right to reclaim the vessel 11
within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon 12
payment to the Department of any expenses incurred during removal and custody of the 13
vessel; and 14
(5) State that failure to claim the vessel will constitute: 15
(i) A waiver of all right, title, and interest in the vessel; and 16
(ii) A consent to the Department’s disposition of the vessel. 17
(e) (1) If the Department is unable to determine the last registered owner or 18
the identity of any secured party of the abandoned or sunken vessel, or if the certified mail 19
notice required under subsection (c) of this section is returned as undeliverable AND 20
TELEPHONE CALLS AND E–MAILS ARE UNAN SWERED, UNRETURNED , OR 21
UNDELIVERABLE , the Department shall give the required notice [by]: 22
(I) BY publication in at least 1 newspaper of general circulation in 23
the area where the abandoned or sunken vessel was found; OR 24
(II) THROUGH DIGITAL MEDIA , INCLUDING POSTING ON THE 25
DEPARTMENT ’S WEBSITE AND SOCIAL MEDIA PLATFORMS . 26
(2) The notice by publication shall contain the information required under 27
subsection (d) of this section and shall be published within 30 days of the seizure of the 28
abandoned or sunken vessel, or within 15 days of [the]: 29
(I) THE return of the certified mail notice as undeliverable; AND 30
6 HOUSE BILL 1461
(II) THE ATTEMPT , BY TELEPHONE OR E –MAIL, TO CONTACT 1
THE REGISTERED OWNER . 2
(f) If the owner or secured party fails to claim the abandoned or sunken vessel 3
within 3 weeks after the [certified mail] notice REQUIRED UNDER SUBSE CTION (C) OF 4
THIS SECTION or after the notice by publication is given, the Department may sell the 5
vessel at public auction, proceed to receive title to the vessel pursuant to § 8–722 of this 6
subtitle, or otherwise dispose of the vessel. 7
(g) (1) If the abandoned or sunken vessel is in such a condition of disrepair 8
that the Department cannot remove the vessel intact, the Department may dispose of the 9
vessel in whatever manner is reasonable without providing the notice required under 10
subsections (c) through (e) of this section. 11
(2) (i) If the Department determines that an abandoned or sunken 12
vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, 13
or a potential environmental hazard, the Department shall take the vessel into custody 14
without providing the notice required under subsection (c)(1) of this section. 15
(ii) The Department shall keep a written record of a determination 16
made under this paragraph, including the actual or potential hazards mitigated by removal 17
of the vessel. 18
(h) The Department may delegate the Department’s authority to remove and 19
dispose of abandoned or sunken vessels under this section to any local jurisdiction that 20
consents to the delegation. 21
(i) The Department, in consultation with the Director of the Maryland Historical 22
Trust, may adopt regulations to implement this section. 23
(j) The Department may not use funds budgeted for the Natural Resources Police 24
for the purpose of removing or storing abandoned or sunken vessels under this section. 25
8–721.2. 26
(A) THE DEPARTMENT MAY ESTABL ISH AND ADMINISTER A VOLUNTARY 27
VESSEL TURN–IN PROGRAM THAT ALLO WS THE OWN ER OF A VESSEL DETER MINED 28
BY THE DEPARTMENT TO BE AT R ISK OF BECOMING AN A BANDONED OR SUNKEN 29
VESSEL, AS DEFINED IN § 8–721 OF THIS SUBTITLE, TO TURN THE VESSEL I N TO THE 30
DEPARTMENT TO BE DEST ROYED. 31
(B) TO APPLY TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDE R THIS 32
SECTION, A VESSEL OWNER SHALL SUBMIT TO THE DEPARTMENT AN APPLICA TION 33
IN THE FORM THAT THE DEPARTMENT REQUIRES . 34
(C) IN ORDER TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS 35 HOUSE BILL 1461 7
SECTION, THE OWNER OF A VESSE L SHALL DEMONSTRATE TO THE SATISFACTION OF 1
THE DEPARTMENT THAT : 2
(1) THE APPLICANT IS THE OWNER OF THE VESSEL ; 3
(2) THE APPLICANT IS A RE SIDENT OF THE STATE; AND 4
(3) THE VESSEL IS AT RISK OF BECOMING AN ABAND ONED OR SUNKEN 5
VESSEL. 6
(D) THE DEPARTMENT MAY DETERM INE THAT A VESSEL IS AT RISK OF 7
BECOMING AN ABANDONE D OR SUNKEN VESSEL , AS DEFINED IN § 8–721 OF THIS 8
SUBTITLE, IF ANY OF THE FOLLOW ING CONDITIONS EXIST : 9
(1) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER WITHOUT AN 10
EFFECTIVE MEANS TO D RAIN OR EMPTY THE WA TER; 11
(2) SPACES ON THE V ESSEL THAT ARE DESIG NED TO BE ENCLOSED 12
ARE INCAPABLE OF BEI NG SEALED OFF OR REM AIN OPEN TO THE ELEM ENTS FOR 13
EXTENDED PERIODS OF TIME; 14
(3) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF BREAKING 15
LOOSE FROM ITS ANCHO R; OR 16
(4) THE VESSEL IS TIED IN AN UNLAWFUL OR UNPERMITTE D MANNER 17
TO A STRUCTURE OR MO ORING. 18
(E) THE DEPARTMENT , IN ITS SOLE DISCRETI ON, MAY DETERMINE 19
ELIGIBILITY FOR PART ICIPATION IN A PROGR AM AUTHORIZED UNDER THIS 20
SECTION. 21
(F) THE DEPARTMENT , OR A PERSON REMOVING , TOWING, STORING, OR 22
DISPOSING OF A VESSEL THAT IS ACCEPTED INT O A PROGRAM AUTHORIZ ED UNDER 23
THIS SECTION ON BEHA LF OF THE DEPARTMENT , MAY NOT BE HELD LIAB LE FOR 24
ANY DAMAGE TO THE VE SSEL WHICH MAY OCCUR DURING REMOVAL , STORAGE, OR 25
CUSTODY OF THE VESSE L. 26
(G) IF THE DEPARTMENT ES TABLISHES A PROGRAM AUTHORIZED UNDER 27
THIS SECTION, THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT AND 28
CARRY OUT THE PROVIS IONS OF THIS SECTION . 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2024. 31