EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1260*
HOUSE BILL 1260
M1 5lr3086
HB 293/24 – ENT CF 5lr3089
By: Delegates Arentz, Ghrist, and Jacobs
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
State Boat Act – Abandoned or Sunken Recreational Vessels – Identification and 2
Removal 3
FOR the purpose of authorizing the Department of Natural Resources to remove abandoned 4
or sunken recreational vessels secured to certain apparatuses or left anchored and 5
unattended for a certain period of time under certain circumstances; requiring the 6
Department to consider and document certain factors when determining whether a 7
recreational vessel is abandoned or sunken under certain provisions of law; 8
authorizing the Department to use funds budgeted for the Natural Resources Police 9
to remove or store certain abandoned or sunken vessels; and generally relating to 10
abandoned or sunken recreational vessels. 11
BY repealing and reenacting, with amendments, 12
Article – Natural Resources 13
Section 8–721 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
8–721. 20
(a) In this section, “abandoned or sunken vessel” means [any]: 21
(1) ANY vessel that: 22
2 HOUSE BILL 1260
[(1)] (I) Is left illegally or has remained without permission for more than 1
30 days on public property, including public marinas, docks, or boatyards; 2
[(2)] (II) Has remained at the following locations for more than 60 days 3
without the consent of the owner or person in control of the property: 4
[(i)] 1. A private marina or property operated by a private 5
marina; or 6
[(ii)] 2. A private boatyard or property operated by a private 7
boatyard; 8
[(3)] (III) Has remained at the following locations for more than 30 days 9
without the consent of the owner or person in control of the property: 10
[(i)] 1. A private dock; or 11
[(ii)] 2. At or near waters’ edge on private property; 12
[(4)] (IV) Has remained on private property other than the private 13
property described in items [(2)] (II) and [(3)] (III) of this [subsection] ITEM for more than 14
180 days without the consent of the owner or person in control of the property; or 15
[(5) (i)] (V) 1. Has been found adrift or unattended in or upon the 16
waters of the State and: 17
[1.] A. Is found in a condition of disrepair; 18
[2.] B. Presents a hazard or obstruction to the use of the 19
waters of the State; or 20
[3.] C. Presents a potential health or environmental 21
hazard; and 22
[(ii)] 2. Is not: 23
[1.] A. Historic property as defined in § 5A–301 of the State 24
Finance and Procurement Article; or 25
[2.] B. Submerged archaeological historic property as 26
defined in § 5A–333 of the State Finance and Procurement Article; OR 27
(2) A RECREATIONAL VESSEL THAT: 28
HOUSE BILL 1260 3
(I) MEETS ANY OF THE CRIT ERIA UNDER ITEM (1) OF THIS 1
SUBSECTION; 2
(II) HAS REMAINED TIED TO A PRIVATELY OWNED AP PARATUS 3
USED TO SECURE , BERTH, OR MOOR VESSELS IN T HE WATERS OF THE STATE FOR 4
MORE THAN 60 DAYS WITHOUT THE CON SENT OF THE OWNER OR PERSON IN 5
CONTROL OF THE APPAR ATUS; OR 6
(III) HAS REMAINED ANCHORED AND UNATTENDED IN TH E SAME 7
LOCATION FOR MORE TH AN 60 DAYS. 8
(b) (1) The Department may seize, remove, and take into custody any 9
abandoned or sunken vessel. 10
(2) For this purpose, the Department may use its own personnel, 11
equipment, and facilities or use other persons, equipment, and facilities for removing, 12
preserving, or storing abandoned or sunken vessels. 13
(3) The Department, or a person removing, preserving, or storing an 14
abandoned or sunken vessel on behalf of the Department, may not be held liable for any 15
damage to an abandoned or sunken vessel which may occur during removal, storage, or 16
custody of the vessel. 17
(c) (1) Except as provided in subsection (g)(2) of this section, not later than 15 18
days before an abandoned or sunken vessel is seized, removed, or taken into custody under 19
subsection (b) of this section, the Department shall: 20
(i) Send a notice, by certified mail, return receipt requested, bearing 21
a postmark from the United States Postal Service to the registered owner of the vessel, as 22
shown on the records of the Department; and 23
(ii) Attempt, by telephone or e–mail, to contact: 24
1. The registered owner of the vessel at the telephone 25
number or e–mail address shown on the records of the Department; and 26
2. If the application for a certificate of number under § 27
8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency 28
contact. 29
(2) (i) Except as provided in subparagraph (ii) of this paragraph, as 30
soon as reasonably possible but not later than 15 days after the Department takes an 31
abandoned or sunken vessel into custody, the Department shall: 32
4 HOUSE BILL 1260
1. Send a notice, by certified mail, return receipt requested, 1
bearing a postmark from the United States Postal Service to the registered owner of the 2
vessel and to each known secured party, as shown on the records of the Department; and 3
2. Attempt, by telephone or e–mail, to contact: 4
A. The registered owner of the vessel at the telephone 5
number or e–mail address shown on the records of the Department; and 6
B. If the application for a certificate of number under § 7
8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency 8
contact. 9
(ii) As soon as reasonably possible but not later than 15 days after 10
the Department takes an abandoned or sunken vessel into custody in accordance with 11
subsection (g)(2) of this section, the Department shall: 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 telephone 18
number or e–mail address shown on the records of the Department; and 19
B. If the application for a certificate of number under § 20
8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency 21
contact. 22
(d) The notices required by subsection (c) of this section shall: 23
(1) Describe the vessel; 24
(2) If the vessel was taken into custody in accordance with subsection (g)(2) 25
of this section, describe the actual or potential hazard mitigated by removal of the vessel; 26
(3) Give the location where the vessel is being held; 27
(4) Inform the owner and secured party of a right to reclaim the vessel 28
within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon 29
payment to the Department of any expenses incurred during removal and custody of the 30
vessel; and 31
(5) State that failure to claim the vessel will constitute: 32
HOUSE BILL 1260 5
(i) A waiver of all right, title, and interest in the vessel; and 1
(ii) A consent to the Department’s disposition of the vessel. 2
(e) (1) If the Department is unable to determine the last registered owner or 3
the identity of any secured party of the abandoned or sunken vessel, or if the certified mail 4
notice required under subsection (c) of this section is returned as undeliverable and 5
telephone calls and e–mails are unanswered, unreturned, or undeliverable, the Department 6
shall give the required notice: 7
(i) By publication in at least 1 newspaper of general circulation in 8
the area where the abandoned or sunken vessel was found; 9
(ii) Through digital media, including posting on the Department’s 10
website and social media platforms; or 11
(iii) By attaching to the vessel in a clearly visible place a distinctively 12
colored notification sticker or tag that contains the following information: 13
1. The date and time the notification was affixed to the 14
vessel; 15
2. A statement that, in accordance with this section, if the 16
vessel is not removed within 60 days after the date the notification sticker or tag was 17
affixed, the vessel may be seized, removed, taken into custody and sold at public auction, 18
acquired by title under § 8–722 of this subtitle, or otherwise disposed of; and 19
3. The location and telephone number where additional 20
information may be obtained. 21
(2) The notice by publication shall contain the information required under 22
subsection (d) of this section and shall be published within 30 days of the seizure of the 23
abandoned or sunken vessel, or within 15 days of: 24
(i) The return of the certified mail notice as undeliverable; and 25
(ii) The attempt, by telephone or e–mail, to contact the registered 26
owner. 27
(f) If the owner or secured party fails to claim the abandoned or sunken vessel 28
within 3 weeks after the notice required under subsection (c) of this section or after the 29
notice by publication is given or within 60 days after the notice authorized under subsection 30
(e)(1)(iii) of this section, the Department may sell the vessel at public auction, proceed to 31
receive title to the vessel pursuant to § 8–722 of this subtitle, or otherwise dispose of the 32
vessel. 33
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(g) (1) If the abandoned or sunken vessel is in such a condition of disrepair 1
that the Department cannot remove the vessel intact, the Department may dispose of the 2
vessel in whatever manner is reasonable without providing the notice required under 3
subsections (c) through (e) of this section. 4
(2) (i) If the Department determines that an abandoned or sunken 5
vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, 6
or a potential environmental hazard, the Department shall take the vessel into custody 7
without providing the notice required under subsection (c)(1) of this section. 8
(ii) The Department shall keep a written record of a determination 9
made under this paragraph, including the actual or potential hazards mitigated by removal 10
of the vessel. 11
(h) The Department may delegate the Department’s authority to remove and 12
dispose of abandoned or sunken vessels under this section to any local jurisdiction that 13
consents to the delegation. 14
(i) The Department, in consultation with the Director of the Maryland Historical 15
Trust, may adopt regulations to implement this section. 16
(j) The Department may [not] use funds budgeted for the Natural Resources 17
Police for the purpose of removing or storing abandoned or sunken vessels under this 18
section. 19
(K) FOR THE PURPOSES OF D ETERMINING WHETHER A RECREATIONAL 20
VESSEL MEETS T HE CRITERIA FOR AN A BANDONED OR SUNKEN V ESSEL UNDER 21
SUBSECTION (A)(2)(II) OR (III) OF THIS SECTION , THE DEPARTMENT SHALL 22
CONSIDER AND DOCUMEN T: 23
(1) WHETHER THE VESSEL HA S A VALID, CURRENT REGISTRATION ; 24
(2) ANY STANDING WATER IN THE VESSEL; 25
(3) THE CONDITION OF THE VES SEL; 26
(4) IF THE VESSEL IS ANCH ORED, WHETHER THE VESSEL I S 27
EQUIPPED WITH AN ANC HOR LIGHT; AND 28
(5) IF THE VESSEL IS MOOR ED, THE CONDITION OF THE EQUIPMENT 29
USED TO MOOR THE VES SEL. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2025. 32