WES MOORE, Governor Ch. 560
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Chapter 560
(Senate Bill 674)
AN ACT concerning
Abandoned or Sunken Vessels and Waterway Improvement Fund Grants
FOR the purpose of requiring the owner of a vessel that is required to be numbered to
include certain contact information with the application for a certificate of number;
requiring the Department of Natural Resources, within a certain number of days
before and after seizing, removing, or taking an abandoned or sunken vessel into
custody, to attempt to contact certain individuals in a certain manner; requiring the
Department to provide certain notice by posting certain information on the
Department’s website or through social media platforms or by attaching certain
information to a vessel under certain circumstances; authorizing the Department to
establish and administer a voluntary vessel turn–in program; requiring the
Department to distribute each fiscal year at least a certain amount from the
Waterway Improvement Fund to a certain organization for certain purposes; and
generally relating to abandoned and sunken vessels and the Waterway Improvement
Fund.
BY adding to
Article – Natural Resources
Section 8–709(e) and 8–721.2
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–712(b) and 8–721
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
8–709.
(E) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, FOR FISCAL
YEAR 2026 AND EACH FISCAL YEA R THEREAFTER , THE DEPARTMENT SHALL
DISTRIBUTE AT LEAST $250,000 FROM THE WATERWAY IMPROVEMENT FUND TO A
STATEWIDE MARYLAND–BASED HISTORIC PRESE RVATION NONPROFIT
ORGANIZATION WITH DE MONSTRATED EXPERIENC E IN GRANTMAKING . Ch. 560 2024 LAWS OF MARYLAND
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(2) A NONPROFIT ORGANIZATI ON SHALL USE ANY FUNDS RECEIV ED
UNDER THIS SUBSECTIO N TO ESTABLISH, OPERATE, AND ADMINISTER A MAR ITIME
HERITAGE COMPETITIVE GRANT PROGRAM TO PRO VIDE GRANTS TO NONPR OFIT
ORGANIZATIONS IN THE STATE AND INSTRUMENTA LITIES OF THE STATE, COUNTIES,
OR MUNICIPALITIES EN GAGED IN MARITIME HERI TAGE PRESERVATION ,
INTERPRETATION , OR CONSERVATION .
(3) ON OR BEFORE NOVEMBER 30 EACH YEAR , A NONPROFIT
ORGANIZATION THAT RE CEIVES FUNDS UNDER T HIS SUBSECTION SHALL SUBMIT A
REPORT TO THE DEPARTMENT ON THE GUI DELINES, PROMOTION , SELECTION,
RECIPIENTS, AND IMPACT OF THE OR GANIZATION’S COMPETITIVE GRANT PROGRAM.
8–712.
(b) (1) The owner of any vessel to be numbered by this subtitle shall file an
application for a certificate of number with the Department.
(2) The application is on forms the Department approves, accompanied by
the requisite fee, and signed by every vessel owner.
(3) (I) THE OWNER OF THE VESS EL SHALL INCLUDE WIT H THE
APPLICATION CONTACT INFORMATION TO BE US ED:
1. IN THE EVENT OF AN EM ERGENCY; OR
2. IF THE VESSEL IS AT RIS K OF BECOMING AN
ABANDONED OR SUNKEN VESSEL AS DEFINED IN § 8–721 OF THIS SUBTITLE.
(II) THE CONTACT INFORMATI ON REQUIRED UNDER TH IS
PARAGRAPH SHALL INCL UDE THE MAILING ADDR ESS, TELEPHONE NUMBER , AND
E–MAIL ADDRESS FOR EAC H OWNER OF THE VESSEL.
(III) THE DEPARTMENT MAY REQUIR E THE OWNER OF THE
VESSEL TO PROVIDE AL TERNATE EMERGENCY CO NTACT INFORMATION .
8–721.
(a) In this section, “abandoned or sunken vessel” means any vessel that:
(1) Is left illegally or has remained without permission for more than 30
days on public property, including public marinas, docks, or boatyards;
WES MOORE, Governor Ch. 560
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(2) Has remained at the following locations for more than 60 days without
the consent of the owner or person in control of the property:
(i) A private marina or property operated by a private marina; or
(ii) A private boatyard or property operated by a private boatyard;
(3) Has remained at the following locations for more than 30 days without
the consent of the owner or person in control of the property:
(i) A private dock; or
(ii) At or near waters’ edge on private property;
(4) Has remained on private property other than the private property
described in items (2) and (3) of this subsection for more than 180 days without the consent
of the owner or person in control of the property; or
(5) (i) Has been found adrift or unattended in or upon the waters of the
State and:
1. Is found in a condition of disrepair;
2. Presents a hazard or obstruction to the use of the waters
of the State; or
3. Presents a potential health or environmental hazard; and
(ii) Is not:
1. Historic property as defined in § 5A–301 of the State
Finance and Procurement Article; or
2. Submerged archaeological historic property as defined in
§ 5A–333 of the State Finance and Procurement Article.
(b) (1) The Department may seize, remove, and take into custody any
abandoned or sunken vessel.
(2) For this purpose, the Department may use its own personnel,
equipment, and facilities or use other persons, equipment, and facilities for removing,
preserving, or storing abandoned or sunken vessels.
(3) The Department, or a person removing, preserving, or storing an
abandoned or sunken vessel on behalf of the Department, may not be held liable for any Ch. 560 2024 LAWS OF MARYLAND
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damage to an abandoned or sunken vessel which may occur during removal, storage, or
custody of the vessel.
(c) (1) Except as provided in subsection (g)(2) of this section, not later than 15
days before an abandoned or sunken vessel is seized, removed, or taken into custody under
subsection (b) of this section, the Department shall [send]:
(I) SEND a notice, by certified mail, return receipt requested,
bearing a postmark from the United States Postal Service to the [last known] registered
owner of the vessel, as shown on the records of the Department; AND
(II) ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
1. THE REGISTERED OWNER OF THE VESSEL AT THE
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
DEPARTMENT ; AND
2. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER
UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY
CONTACT, THE ALTERNATE EMERGENCY C ONTACT.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, as
soon as reasonably possible but not later than 15 days after the Department takes an
abandoned or sunken vessel into custody, the Department shall [send]:
1. SEND a notice, by certified mail, return receipt requested,
bearing a postmark from the United States Postal Service to the [last known] registered
owner of the vessel and to each known secured party, as shown on the records of the
Department; AND
2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
A. THE REGISTERED OWNER OF THE VESSEL AT THE
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
DEPARTMENT ; AND
B. IF THE APPLICATION FO R A CERTIFICATE OF N UMBER
UNDER § 8–712(B) OF THIS SUBTITLE INCLUD ES AN ALTERNATE EMER GENCY
CONTACT, THE ALTERNATE EMERGE NCY CONTACT .
(ii) As soon as reasonably possible but not later than 15 days after
the Department takes an abandoned or sunken vessel into custody in accordance with
subsection (g)(2) of this section, the Department shall [send]:
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1. SEND a notice, by certified mail, return receipt requested,
bearing a postmark from the United States Postal Service to the last known registered
owner of the vessel and to each known secured party, as shown on the records of the
Department; AND
2. ATTEMPT, BY TELEPHONE OR E –MAIL, TO CONTACT:
A. THE REGISTERED OWNER OF THE VESSEL AT THE
TELEPHONE NUMBER OR E–MAIL ADDRESS SHOWN O N THE RECORDS OF THE
DEPARTMENT ; AND
B. IF THE APPLICATION FOR A CE RTIFICATE OF NUMBER
UNDER § 8–712(B) OF THIS SUBTITLE INC LUDES AN ALTERNATE E MERGENCY
CONTACT, THE ALTERNATE EMERGE NCY CONTACT .
(d) The notices required by subsection (c) of this section shall:
(1) Describe the vessel;
(2) If the vessel was taken into custody in accordance with subsection (g)(2)
of this section, describe the actual or potential hazard mitigated by removal of the vessel;
(3) Give the location where the vessel is being held;
(4) Inform the owner and secured party of a right to reclaim the vessel
within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon
payment to the Department of any expenses incurred during removal and custody of the
vessel; and
(5) State that failure to claim the vessel will constitute:
(i) A waiver of all right, title, and interest in the vessel; and
(ii) A consent to the Department’s disposition of the vessel.
(e) (1) If the Department is unable to determine the last registered owner or
the identity of any secured party of the abandoned or sunken vessel, or if the certified mail
notice required under subsection (c) of this section is returned as undeliverable AND
TELEPHONE CALLS AND E–MAILS ARE UNANSWERED , UNRETURNED , OR
UNDELIVERABLE , the Department shall give the required notice [by]:
(I) BY publication in at least 1 newspaper of general circulation in
the area where the abandoned or sunken vessel was found; OR
Ch. 560 2024 LAWS OF MARYLAND
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(II) THROUGH DIGITAL MEDIA , INCLUDING POSTING ON THE
DEPARTMENT ’S WEBSITE AND SOCIAL MEDIA PLA TFORMS; OR
(III) BY ATTACHING TO THE V ESSEL IN A CLEARLY V ISIBLE
PLACE A DISTINCTIVEL Y COLORED NOTIFICATI ON STICKER OR TAG TH AT CONTAINS
THE FOLLOWING INFORM ATION:
1. THE DATE AND TIME THE NOTIFICATION WAS
AFFIXED TO THE VESSEL;
2. A STATEMENT THAT , IN ACCORDANCE WITH T HIS
SECTION, IF THE VESSEL IS NOT REMOVED WITHIN 60 DAYS AFTER THE DATE THE
NOTIFICATION STICKER OR TAG WAS AFFIXED , THE VESSEL MAY BE SE IZED,
REMOVED, TAKEN INTO CUSTODY A ND SOLD AT PUBLIC AU CTION, ACQUIRED BY
TITLE UNDER § 8–722 OF THIS SUBTITLE, OR OTHERWISE DISPOSE D OF; AND
3. THE LOCATION AND TELE PHONE NUMBER WHERE
ADDITIONAL INFORMATI ON MAY BE OBTAINED .
(2) The notice by publication shall contain the information required under
subsection (d) of this section and shall be published within 30 days of the seizure of the
abandoned or sunken vessel, or within 15 days of [the]:
(I) THE return of the certified mail notice as undeliverable; AND
(II) THE ATTEMPT , BY TELEPHONE OR E –MAIL, TO CONTACT
THE REGISTERED OWNER .
(f) If the owner or secured party fails to claim the abandoned or sunken vessel
within 3 weeks after the [certified mail] notice REQUIRED UNDER SUBSE CTION (C) OF
THIS SECTION or after the notice by publication is given OR WITHIN 60 DAYS AFTER THE
NOTICE AUTHORIZED UN DER SUBSECTION (E)(1)(III) OF THIS SECTION , the
Department may sell the vessel at public auction, proceed to receive title to the vessel
pursuant to § 8–722 of this subtitle, or otherwise dispose of the vessel.
(g) (1) If the abandoned or sunken vessel is in such a condition of disrepair
that the Department cannot remove the vessel intact, the Department may dispose of the
vessel in whatever manner is reasonable without providing the notice required under
subsections (c) through (e) of this section.
(2) (i) If the Department determines that an abandoned or sunken
vessel poses an immediate hazard or obstruction to navigation, a potential health hazard,
or a potential environmental hazard, the Department shall take the vessel into custody
without providing the notice required under subsection (c)(1) of this section. WES MOORE, Governor Ch. 560
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(ii) The Department shall keep a written record of a determination
made under this paragraph, including the actual or potential hazards mitigated by removal
of the vessel.
(h) The Department may delegate the Department’s authority to remove and
dispose of abandoned or sunken vessels under this section to any local jurisdiction that
consents to the delegation.
(i) The Department, in consultation with the Director of the Maryland Historical
Trust, may adopt regulations to implement this section.
(j) The Department may not use funds budgeted for the Natural Resources Police
for the purpose of removing or storing abandoned or sunken vessels under this section.
8–721.2.
(A) THE DEPARTMENT MAY ESTABL ISH AND ADMINISTER A VOLUNTARY
VESSEL TURN–IN PROGRAM THAT ALLO WS THE OWNER OF A VE SSEL DETERMINED
BY THE DEPARTMENT TO BE AT R ISK OF BECOMING AN A BANDONED OR SUNKEN
VESSEL, AS DEFINED IN § 8–721 OF THIS SUBTITLE, TO TURN THE VESSEL I N TO THE
DEPARTMENT TO BE DEST ROYED.
(B) TO APPLY TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS
SECTION, A VESSEL OWNER SHALL SUBMIT TO THE DEPARTMENT AN APPLICA TION
IN THE FORM THAT THE DEPARTMENT REQUIRES .
(C) IN ORDER TO PARTICIPA TE IN A PROGRAM AUTH ORIZED UNDER THIS
SECTION, THE OWNER OF A VESSE L SHALL DEMONSTRATE TO THE SATISFACTION OF
THE DEPARTMENT THAT : THE APPLICANT IS THE OWNER OF THE VESSEL AND A
RESIDENT OF THE STATE.
(1) THE APPLICANT IS THE OWNER OF THE VESSEL;
(2) THE APPLICANT IS A RE SIDENT OF THE STATE; AND
(3) THE VESSEL IS AT RISK OF BECOMING AN ABAND ONED OR SUNKEN
VESSEL.
(D) THE DEPARTMENT MAY DETERM INE THAT A VESSEL IS AT RISK OF
BECOMING AN ABANDONE D OR SUNKEN VESSEL , AS DEFINED IN § 8–721 OF THIS
SUBTITLE, IF ANY OF THE FOLLOW ING CONDITIONS EXIST :
(1) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER WITHOUT AN
EFFECTIVE MEANS TO D RAIN OR EMPTY THE WA TER; Ch. 560 2024 LAWS OF MARYLAND
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(2) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE ENCLOSED
ARE INCAPABLE OF BEING SEALED OFF OR REMAIN OPEN TO THE E LEMENTS FOR
EXTENDED PERIODS OF TIME;
(3) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF BREAKING
LOOSE FROM ITS ANCHO R; OR
(4) THE VESSEL IS TIED IN AN UNLAWFUL OR UNPER MITTED MANNER
TO A STRUCTURE OR MO ORING.
(D) IN EVALUATING WHETHER A VESSEL IS ELIGIBLE FOR THE PROGRAM ,
THE DEPARTMENT SHALL PRIO RITIZE, IN ORDER OF PRIORITY , THE FOLLOWING
VESSELS:
(1) A VESSEL THAT IS ABAND ONED OR SUNKEN AS DE FINED IN §
8–721 OF THIS SUBTITLE ;
(2) A VESSEL THAT IS AT RISK OF BECOMING ABA NDONED OR SUNKEN
IF:
(I) THE VESSEL IS TAKING ON OR HAS TAKEN ON W ATER
WITHOUT AN EFFECTIVE MEANS TO DRAIN OR EM PTY THE WATER ;
(II) SPACES ON THE VESSEL THAT ARE DESIGNED TO BE
ENCLOSED ARE INCAPAB LE OF BEING SEALED O FF OR REMAI N OPEN TO THE
ELEMENTS FOR EXTENDE D PERIODS OF TIME ; OR
(III) THE VESSEL HAS BROKEN FROM OR IS IN DANGER OF
BREAKING LOOSE FROM ITS ANCHOR; AND
(3) ANY OTHER VESSEL THE DEPARTMENT DETERMINES IS ELIGIBLE
FOR PARTICIPATION IN THE PROGRAM .
(E) THE DEPARTMENT , IN ITS SOLE DISCRETI ON, MAY DETERMINE
ELIGIBILITY FOR PART ICIPATION IN A PROGR AM AUTHORIZED UNDER THIS
SECTION.
(F) THE DEPARTMENT , OR A PERSON REMOVING , TOWING, STORING, OR
DISPOSING OF A VESSE L THAT IS ACCEPTED I NTO A PROGRAM AUTHOR IZED UNDER
THIS SECTION ON BEHA LF OF THE DEPARTMENT , MAY NOT BE HELD LIAB LE FOR
ANY DAMAGE TO THE VE SSEL WHICH MAY OCCUR DURING REMOVAL , STORAGE, OR
CUSTODY OF THE VESSE L. WES MOORE, Governor Ch. 560
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(G) IF THE DEPARTMENT ESTABLISHE S A PROGRAM AUTHORIZ ED UNDER
THIS SECTION, THE DEPARTMENT SHALL ADOPT REGULATI ONS TO IMPLEMENT AND
CARRY OUT THE PROVIS IONS OF THIS SECTION .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 9, 2024.