Maryland 2025 Regular Session

Maryland Senate Bill SB968 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0968*
96
107 SENATE BILL 968
118 M1 5lr0909
129
1310 By: Howard County Senators
1411 Introduced and read first time: January 28, 2025
1512 Assigned to: Education, Energy, and the Environment
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 25, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Howard County – Patuxent River Wildland – Use of Motor Vehicles and 2
25-Mechanical or Motorized Equipment 3
19+Motorized Equipment 3
2620
2721 Ho. Co. 5–25 4
2822
2923 FOR the purpose of authorizing the Department of Natural Resources to enter into certain 5
3024 use agreements to facilitate the use of motor vehicles and motorized equipment for 6
31-the purpose of maintaining certain paths use mechanical or motorized equipment for 7
32-certain purposes within the Patuxent River Wildland; and generally relating to the 8
33-Patuxent River Wildland. 9
25+the purpose of maintaining certain paths within the Patuxent River Wildland; and 7
26+generally relating to the Patuxent River Wildland. 8
3427
35-BY repealing and reenacting, without amendments, 10
36- Article – Natural Resources 11
37- Section 5–1203(a) 12
38- Annotated Code of Maryland 13
39- (2023 Replacement Volume and 2024 Supplement) 14
28+BY repealing and reenacting, with amendments, 9
29+ Article – Natural Resources 10
30+ Section 5–1212 11
31+ Annotated Code of Maryland 12
32+ (2023 Replacement Volume and 2024 Supplement) 13
4033
41-BY repealing and reenacting, with amendments, 15
34+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35+That the Laws of Maryland read as follows: 15
36+
4237 Article – Natural Resources 16
43- Section 5–1212 5–1203(h) 17
44- Annotated Code of Maryland 18
45- (2023 Replacement Volume and 2024 Supplement) 19
4638
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
48-That the Laws of Maryland read as follows: 21 2 SENATE BILL 968
39+5–1212. 17
40+
41+ (A) Except as provided in Part II of this subtitle, and subject to existing private 18
42+rights, a commercial enterprise or permanent road, except fire roads, may not exist within 19
43+any wildlife area designated by Part II of this subtitle. 20
44+
45+ (B) (1) Except as necessary to meet minimum requirements for the 21
46+administration of the area for the purpose of Part II of this subtitle, including measures 22
47+required in emergencies involving the health and safety of persons within the area, AND 23 2 SENATE BILL 968
4948
5049
50+EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , there shall be no 1
51+temporary road, use of motor vehicles, motorized equipment, motorboats, landing of 2
52+aircraft, or other forms of mechanical transport, and no structure or installation within any 3
53+area. 4
5154
52-Article – Natural Resources 1
55+ (2) THE DEPARTMENT MAY ENTER INTO USE AGREE MENTS WITH 5
56+VOLUNTEERS TO FACILI TATE THE USE OF MOTOR VEHICLES AND MOTORIZED 6
57+EQUIPMENT WITH IN THE PATUXENT RIVER WILDLAND FOR THE PURP OSE OF 7
58+MAINTAINING EXISTING PATHS TO ENSURE CLEA R AND SAFE ACCESS TO THE 8
59+WILDLAND. 9
5360
54-5–1212. 2
55-
56- (A) Except as provided in Part II of this subtitle, and subject to existing private 3
57-rights, a commercial enterprise or permanent road, except fire roads, may not exist within 4
58-any wildlife area designated by Part II of this subtitle. 5
59-
60- (B) (1) Except as necessary to meet minimum requirements for the 6
61-administration of the area for the purpose of Part II of this subtitle, including measures 7
62-required in emergencies involving the health and safety of persons within the area, AND 8
63-EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , there shall be no 9
64-temporary road, use of motor vehicles, motorized equipment, motorboats, landing of 10
65-aircraft, or other forms of mechanical transport, and no structure or installation within any 11
66-area. 12
67-
68- (2) THE DEPARTMENT MAY ENTER INTO USE AGREEMENTS WITH 13
69-VOLUNTEERS TO FACILI TATE THE USE OF MOTO R VEHICLES AND MOTOR IZED 14
70-EQUIPMENT WITHIN THE PATUXENT RIVER WILDLAND FOR THE PURP OSE OF 15
71-MAINTAINING EXISTING PATHS TO ENSURE CLEA R AND SAFE ACCESS TO THE 16
72-WILDLAND. 17
73-
74-5–1203. 18
75-
76- (a) (1) In order to assure that an increasing population, accompanied by 19
77-expanding settlement and growing mechanization, does not occupy and modify all areas 20
78-within the State, leaving no lands designated for preservation and protection in their 21
79-natural condition, it is the policy of the General Assembly to secure for the people of present 22
80-and future generations the benefits of an enduring resource of State wildlands. 23
81-
82- (2) For this purpose there is established a State wildlands preservation 24
83-system composed of areas in the State designated by the General Assembly as “wildland 25
84-areas”. 26
85-
86- (3) The wildland areas shall be administered for the use and enjoyment of 27
87-the people of Maryland in a manner that will leave them unimpaired for the future use and 28
88-enjoyment as wildlands, to provide for their protection, preservation of their wildland 29
89-character, and for gathering and dissemination of information regarding their use and 30
90-enjoyment as wildlands. 31
91-
92- (4) A State land may not be designated as a wildland area except as 32
93-provided for in this section or by a subsequent act. 33
94- SENATE BILL 968 3
95-
96-
97- (h) (1) Pursuant to the provisions of subsection (a) of this section, that property 1
98-in Howard and Montgomery counties containing approximately 1579 acres and described 2
99-as follows is a Type 2 State wildland and shall be named the “Patuxent River Wildland”: 3
100-
101- Parcel 1: 4
102-
103- Beginning at a point on the south shore of the Patuxent River at the eastern margin 5
104-of the right–of–way of the Hipsley Mill Road, and proceeding counterclockwise about the 6
105-boundary of the wildland area, southwesterly with said right –of–way margin 7
106-approximately 3,050 feet to the southern boundary of Patuxent River State Park (hereafter 8
107-the Park). Thence leaving Hipsley Mill Road and following said Park boundary 9
108-southeasterly approximately 1,700 feet; thence leaving the Park boundary and with the 10
109-forest bounding a field, on the right hand, easterly approximately 1,400 feet. Still with the 11
110-forest edge southwesterly approximately 300 feet, thence easterly approximately 300 feet, 12
111-thence southeasterly approximately 800 feet, thence southwesterly approximately 475 feet, 13
112-again to the Park boundary. Thence with said Park boundary southeasterly approximately 14
113-550 feet. Then leaving the Park boundary and again with the forest edge northeasterly 15
114-approximately 1,150 feet, southeasterly approximately 400 feet, southerly approximately 16
115-275 feet, thence southeasterly approximately 750 feet, thence northeasterly approximately 17
116-550 feet, thence southeasterly approximately 250 feet, thence northeasterly approximately 18
117-500 feet. Thence still with the forest edge southeasterly approximately 600 feet, thence 19
118-southwesterly approximately 750 feet, thence easterly approximately 150 feet thence 20
119-southerly approximately 250 feet, thence easterly approximately 900 feet. Thence again 21
120-with the forest edge northeasterly approximately 1,100 feet, thence easterly approximately 22
121-300 feet, thence northeasterly approximately 1,400 feet, thence southeasterly 23
122-approximately 650 feet, thence northerly approximately 1,050 feet, thence northeasterly 24
123-approximately 550 feet, thence northerly approximately 420 feet to the Patuxent River. 25
124-Thence crossing the river in a northwesterly direction approximately 100 feet. Thence with 26
125-the forest edge and the river southeasterly approximately 300 feet; then leaving the river 27
126-and following the forest edge northeasterly with a field on the right, approximately 150 feet 28
127-thence northerly approximately 420 feet, thence northwesterly approximately 475 feet, 29
128-thence northerly approximately 400 feet. Thence still with the forest edge easterly 30
129-approximately 150 feet, thence northerly approximately 650 feet, thence westerly 31
130-approximately 900 feet, thence northerly approximately 800 feet. Thence leaving the forest 32
131-edge and cutting through a narrow neck of woods, still northerly approximately 200 feet, 33
132-then again with the forest edge westerly approximately 550 feet. Again cutting through a 34
133-neck of woods still westerly approximately 550 feet. Once again with the forest edge 35
134-southwesterly approximately 450 feet, thence northwesterly approximately 1,175 feet, 36
135-thence southerly approximately 500 feet, thence westerly with the forest edge 37
136-approximately 300 feet, thence northeasterly approximately 1,375 feet, thence 38
137-northwesterly approximately 375 feet, thence southwesterly approximately 650 feet, thence 39
138-northeasterly approximately 450 feet, thence still with the forest edge easterly 40
139-approximately 1,150 feet to the Park boundary. Thence with said Park boundary 41
140-northeasterly approximately 825 feet, thence northwesterly approximately 700 feet, thence 42
141-southwesterly approximately 800 feet, thence westerly approximately 350 feet, thence 43
142-northwesterly approximately 275 feet to an old field. Thence with the field on the right 44
143-hand and with the forest edge southwesterly approximately 375 feet, thence northwesterly 45 4 SENATE BILL 968
144-
145-
146-approximately 425 feet to Hipsley Mill Road. Thence with Hipsley Mill Road southwesterly 1
147-approximately 600 feet to the edge of an old field. Thence leaving Hipsley Mill Road and 2
148-with the field on the right hand and with the forest edge southeasterly approximately 350 3
149-feet, thence southwesterly through a narrow neck of woods approximately 525 feet, thence 4
150-still with the forest edge southeasterly approximately 1,150 feet, thence westerly 5
151-approximately 300 feet, thence southeasterly approximately 500 feet thence southerly 6
152-approximately 400 feet, thence easterly approximately 175 feet, thence with the field on 7
153-the right hand and with the forest edge southerly approximately 550 feet, thence westerly 8
154-approximately 200 feet, thence southwesterly approximately 475 feet, thence northwesterly 9
155-approximately 250 feet, thence northerly approximately 500 feet. Thence still with the 10
156-forest edge northerly approximately 350 feet, thence southerly approximately 550 feet, 11
157-thence northwesterly approximately 1,600 feet to the Hipsley Mill Road. Thence with the 12
158-eastern margin of said road right–of–way, southwesterly approximately 1,250 feet, thence 13
159-southerly approximately 750 feet again crossing the Patuxent River to the beginning point. 14
160-
161- A twenty–five hundredths (0.25) of an acre parking area located approximately 50 15
162-feet northeast of the Patuxent River along the east side of Hipsley Mill Road shall be 16
163-excluded from the Patuxent River Wildland. 17
164-
165- Parcel 2 18
166-
167- Beginning at a point, said point being the beginning of the 2nd line of a tract of land 19
168-which by deed dated January 24, 1975, and recorded in the land records of Howard County 20
169-in Liber 719, Folio 027, was conveyed by Wiley G. Griffith to the State of Maryland, to the 21
170-use of the Department of Natural Resources, and running with said second line, south 69 22
171-degrees 25 minutes 30 seconds east 818.49 feet to a point, said point being the beginning of 23
172-the eleventh line of a tract of land which by deed dated, June 26, 1969, and recorded in the 24
173-land records of Howard County in Liber 513, Folio 289, was conveyed by Theron P. and 25
174-Elizabeth Sager to the State of Maryland, to the use of the Department of Forest and Parks, 26
175-and running with said line, south 70 degrees 50 minutes 20 seconds east 130.00 feet more 27
176-or less to a point, north 16 degrees 30 minutes 00 seconds east 960.00 feet to a point on the 28
177-southern edge of Annapolis Rock Road, thence running with the south side of said road in 29
178-a easterly direction to the intersection and western edge of Hipsley Mill Road, thence 30
179-running with the western edge of Hipsley Mill Road in a southwesterly direction 1800 feet 31
180-to a point in the western edge of said road, said point also being distant north 36 degrees 32
181-46 minutes 30 seconds west 150.00 feet from a point located north 56 degrees 03 minutes 33
182-23 seconds west 20.00 from the end of the 33rd line of a tract of land which by deed dated, 34
183-February 1, 1972, and recorded in the land records of Howard County in Liber 584, Folio 35
184-211, was conveyed by George G. and Sidney Ann Adams Wilson to the State of Maryland, 36
185-to the use of the Department of Forests and Parks, and running thence, north 56 degrees 37
186-03 minutes 23 seconds west 890 feet more or less to a point in the 30th line of said 38
187-aforementioned conveyance, thence running with part of said 30th line, south 28 degrees 39
188-39 minutes 20 seconds west 1200.00 feet more or less to a point, north 67 degrees 00 40
189-minutes 00 seconds west 650.00 feet more or less to a point, north 81 degrees 30 minutes 41
190-00 seconds west 800.00 feet more or less feet to a point, north 33 degrees 30 minutes 00 42
191-seconds east 300.00 feet more or less to a point, north 57 degrees 00 minutes 00 seconds 43
192-west 430.00 feet more or less to a point, south 09 degrees 30 minutes 00 seconds west 550.00 44 SENATE BILL 968 5
193-
194-
195-feet more or less feet to a point, south 70 degrees 00 minutes 00 seconds east 930.00 feet 1
196-more or less to a point, north 66 degrees 30 minutes 00 seconds east 270.00 feet more or 2
197-less to a point, south 66 degrees 30 minutes 00 seconds east 840.00 feet more or less to a 3
198-point, south 31 degrees 00 minutes 00 seconds east 450.00 feet more or less to a point on 4
199-the west edge of Hipsley Mill Road, thence running with the west edge of said road 2850 5
200-feet more or less to a point, said point being distant north 76 degrees 02 minutes 12 seconds 6
201-west 20.00 feet from the beginning of the first line of a tract of land which by deed dated, 7
202-March 8, 1975, and recorded in the land records of Montgomery County in Liber 4633, Folio 8
203-650, was conveyed by William B. King to the State of Maryland, to the use of the 9
204-Department of Natural Resources, and running thence, north 76 degrees 02 minutes 12 10
205-seconds west 56.51 feet to a point, north 67 degrees 22 minutes 12 seconds west 612.57 feet 11
206-to a point, north 86 degrees 44 minutes 42 seconds west 219.50 feet to a point, said point 12
207-being the end of the third line of said aforementioned conveyance from King, thence 13
208-running, north 86 degrees 44 minutes 42 seconds west 221.81 feet to a point, said point 14
209-being the end of the 11th line of a tract of land which by deed dated June 10, 1971, and 15
210-recorded in the land records of Montgomery County in Liber 4081, Folio 247, was conveyed 16
211-by Margaret Gallagher to the State of Maryland, to the use of the Department of Forest 17
212-and Parks, and running thence with said eleventh line, north 66 degrees 36 minutes 14 18
213-seconds west 200.00 feet to a point, south 29 degrees 00 minutes 00 seconds west 1120.00 19
214-feet more or less to a point, north 83 degrees 00 minutes 00 seconds west 480.00 feet more 20
215-or less to a point, said point being distant south 34 degrees 16 minutes 36 seconds 200.00 21
216-feet from the end of the 7th line of the last mentioned deed, thence running, south 07 22
217-degrees 00 minutes 00 seconds west 800.00 feet more or less to a point, said point being in 23
218-the northernmost line of the PEPCO transmission line right of way, thence running along 24
219-the northern line of said right of way in a northwesterly direction 580.00 feet more or less 25
220-to a point, thence leaving said right of way and running north 11 degrees 00 minutes 00 26
221-seconds west 630.00 feet more or less to a point, said point being the end of the seventh line 27
222-of a tract of land which by deed dated September 2, 1971, and recorded in the land records 28
223-of Montgomery County in Liber 4118, Folio 689, was conveyed by A. W. Thompson to the 29
224-State of Maryland, to the use of the Department of Forest and Parks, and running thence 30
225-with the 8th, 9th and 10th line of the last mentioned deed, north 03 degrees 31 minutes 50 31
226-seconds west 305.50 feet to a point, north 50 degrees 13 minutes 45 seconds west 717.75 32
227-feet to a point, south 41 degrees 58 minutes 35 seconds west 492.54 feet to a point, said 33
228-point being the end of the 1st line of a tract of land which by deed dated January 6, 1981, 34
229-and recorded in the land records of Montgomery County in Liber 5641, Folio 156, was 35
230-conveyed by Jerome W. and Ella Jean Cassidy to the State of Maryland, to the use of the 36
231-Department of Natural Resources, and running thence with the 2nd, 3rd, 4th, 5th, 6th and 37
232-7th line of said deed, south 47 degrees 16 minutes 25 seconds east 656.72 feet to a point, 38
233-south 47 degrees 16 minutes 25 seconds east 232.01 feet to a point, south 68 degrees 42 39
234-minutes 42 seconds west 76.83 feet to a point, north 75 degrees 29 minutes 58 seconds west 40
235-122.09 feet to a point, south 85 degrees 00 minutes 00 seconds west 208.00 feet to a point 41
236-in the northernmost right of way line of PEPCO and running with said right of way in a 42
237-northwesterly direction 2100.00 feet more or less to a point, said point being south 65 43
238-degrees 44 minutes 39 seconds east from the end of the 2nd line of a tract of land which by 44
239-deed dated September 19, 1984, and recorded in the land records of Montgomery County in 45
240-Liber 6566, Folio 868, was conveyed by Kenneth and Nancy Zastrow to the State of 46
241-Maryland, to the use of the Department of Natural Resources, and running thence, north 47 6 SENATE BILL 968
242-
243-
244-08 degrees 30 minutes 45 seconds east 77.00 feet more or less to a point, north 13 degrees 1
245-18 minutes 12 seconds east 149.28 feet to a point, north 09 degrees 00 minutes 00 seconds 2
246-102.01 feet to a point, said point being the end of the 11th line of a tract of land which by 3
247-deed dated September 2, 1971 and recorded in the land records of Montgomery County in 4
248-Liber 4118, Folio 689, was conveyed by A. W. Thompson to the State of Maryland, to the 5
249-use of the Department of Natural Resources, and running thence, north 46 degrees 12 6
250-minutes 00 seconds east 1537.00 feet to a point on the south bank of the Patuxent River, 7
251-thence running with the south bank of said river in a northwesterly direction 300.00 feet 8
252-more or less to a point on the east side of Madcap Road, thence running with the east side 9
253-of Madcap Road in a northwesterly direction 600.00 feet more or less to a point on the 10
254-easternmost line of a gas line right of way, thence running with the easternmost line of said 11
255-right of way in a northerly direction 24000.00 feet more or less to a point, thence running 12
256-north 88 degrees 00 seconds 00 minutes east 250.00 feet more or less to the beginning. 13
257-
258- Within this parcel of the Patuxent River Wildland are twenty (20) acres of leased 14
259-agricultural land located off the west side of Hipsley Mill Road approximately 700 feet from 15
260-the Patuxent River. This use may continue until December 31, 1998. 16
261-
262- Parcel 3 17
263-
264- Beginning at a point, said point being situated south 18 degrees 43 minutes 03 18
265-seconds west 859.29 feet from the beginning of the 12th line of a tract of land which by deed 19
266-dated December 3, 1975, and recorded in the land records of Howard County in Liber 747, 20
267-Folio 330, was conveyed by Howard and Mary Nicodemus to the State of Maryland, to the 21
268-use of the Department of Forest and Parks, said point also being a corner of the previously 22
269-established Patuxent River Wildland, and running thence, south 18 degrees 43 minutes 03 23
270-seconds west 400 feet more or less to a point, south 57 degrees 39 minutes 47 seconds east 24
271-935.90 feet to a point, south 69 degrees 09 minutes 01 seconds east 1,435.28 feet to a point, 25
272-south 08 degrees 27 minutes 54 seconds west 400.00 feet more or less to a point in a line of 26
273-the previously mentioned wildland, thence running with the outline of said wildland to the 27
274-point of beginning. 28
275-
276- Within this parcel of the Patuxent River Wildland are thirty (30) acres of leased 29
277-agricultural land immediately south of Cabin Branch. This use may continue until 30
278-December 31, 1999. 31
279-
280- Parcel 4 32
281-
282- Beginning at a point, said point being the end of the 4th line of a tract of land which 33
283-by deed dated March 10 1972, and recorded in the land records of Montgomery County in 34
284-Liber 4193, Folio 797, was conveyed by Walter Tarlton Bryan to the State of Maryland, to 35
285-the use of the Department of Forests and Parks, said point also being a corner of the 36
286-previously established Patuxent River Wildland, and running thence, south 45 degrees 00 37
287-minutes 00 seconds west 450.00 feet more or less to a point, said point being in the northerly 38
288-right of way of the PEPCO transmission line, thence running with said right of way in a 39
289-northwesterly direction 2200.00 feet more or less to a point in a line of the aforementioned 40
290-wildland, and running thence with the outline of said wildland to the point of beginning. 41 SENATE BILL 968 7
291-
292-
293-
294- Within this parcel of the Patuxent River Wildland are twenty (20) acres of leased 1
295-agricultural land located along the PEPCO power line right of way approximately 2400 feet 2
296-east of Hipsley Mill Road. This use may continue until December 31, 1998. 3
297-
298- (2) NOTWITHSTANDING ANY OTHER PRO VISION OF THIS TITLE , TO 4
299-PRESERVE, MAINTAIN, STUDY, RESEARCH, AND EDUCATE THE PUBL IC ABOUT THE 5
300-AREA’S ECOLOGICAL FEATURE S AND RARE HABITATS , WITHIN THE PATUXENT 6
301-RIVER WILDLAND THE DEPARTMENT MAY : 7
302-
303- (I) RETAIN, MAINTAIN, REMOVE, OR REP LACE EXISTING 8
304-TRAILS USING MECHANI CAL OR MOTORIZED EQU IPMENT; AND 9
305-
306- (II) REMOVE, REPLACE, OR DISPOSE OF NONNAT IVE SPECIES 10
307-USING MECHANICAL OR MOTORIZED EQUIPMENT . 11
308-
309- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
310-October 1, 2025. 13
311-
312-
313-
314-
315-Approved:
316-________________________________________________________________________________
317- Governor.
318-________________________________________________________________________________
319- President of the Senate.
320-________________________________________________________________________________
321- Speaker of the House of Delegates.
61+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
62+October 1, 2025. 11