Md. Code Regs. 08.01.02.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.01.02.04 - Permitted Activities - Select Units of the State Wildlands Preservation System

A. The uses and activities in §§B-N of this regulation are permitted only in the wildlands specified.

B. Pocomoke River Wildland, Parcel One, as Identified in Natural Resources Article, §5-1203(d), Annotated Code of Maryland.

(1) Within Pocomoke River wildland lying north of the Pocomoke River and east of the Milburn Landing area-Pocomoke River State Park, safety zone signs may be posted to protect the State park camping area in hunting seasons.

(2) Activities related to the maintenance of existing public drainage within Pocomoke River wildland are permitted provided that all local and State requirements for review, permit, and approval are followed.

C. Gunpowder Falls State Park Wildland. The nonconforming use of an 8/10 of an acre parcel located approximately 1,600 feet northeast of Evna Road along the north side of Falls Road may continue until the year 2004.

D. Potomac Bends Wildland, Parcel Two, as Identified in Natural Resources Article, §5-1203(l), Annotated Code of Maryland.

(1) The nonconforming use of a 2-acre parcel containing an archeological site at an abandoned home site located near the junction of Devil's Alley and the C & O Canal boundary is permitted.

(2) The existing observation structure and vista management area at Point Lookout are permitted.

E. Black Marsh Wildland.

(1) A 60-foot wide park access corridor is recognized between parcels one and two, as identified in Natural Resources Article, §5-1203(n), Annotated Code of Maryland. The corridor is defined as 30 feet from each side of the centerline of the existing haul road. The improved surface of the park access road to be placed in the corridor may not be more than 24 feet in width.

(2) The Department may:

(a) Convert existing dirt roads in parcel one of the Black Marsh wildland to pedestrian trails of not more than 8 feet in width, and use of the trails by motor vehicles shall be limited to construction and maintenance operations of the Department;

(b) Construct not more than two viewing platforms adjacent to trails for public observation of areas with value for education, research, and appreciation of natural processes; and

(c) Establish temporary access roads to the shoreline in parcels one and three solely for the purpose of shoreline stabilization, provided that:

(i) A comprehensive study, with opportunities for citizen input, is conducted on the necessity and methods for shoreline stabilization and that opportunities for nonstructural and offshore stabilization are considered the highest priority,

(ii) The use of any access road is demonstrated to be necessary to accomplish the required stabilization, and

(iii) After the completion of any shoreline stabilization, any access road is removed immediately and the area used for the access road is allowed to revert to its natural conditions.

F. Belt Woods Wildland, as Identified in Natural Resources Article, §5-1203(k), Annotated Code of Maryland.

(1) Within Belt Woods wildland, existing agricultural fields may be reforested using mechanical or motorized equipment, or may be allowed to revert to a forested condition.

(2) Agricultural leases may continue until such time as forestation occurs.

(3) Within Belt Woods wildland, existing structures and utilities may remain until the Department elects to remove these, and the removal may be done by mechanical or motorized equipment.

(4) Belt Woods wildland contains unique ecological features including species sensitive to pressures caused by populations of nonnative and domesticated species, and the Department may, under the management plan, take action to remove, protect, and interpret these unique features.

G. Soldiers Delight wildland contains unique ecological features associated with serpentine soils. Active manipulation of the landscape may be required to maintain these features. The Department may:

(1) Remove, replace, or dispose of vegetation using mechanical or motorized equipment; and

(2) Erect fencing, gates, and signs associated with the protection and interpretation of unique natural or historical elements as called for in the management plan.

H. Morgan Run Wildland, Parcel One, as Identified in Natural Resources Article, §5-1203(s), Annotated Code of Maryland. The Department may utilize mechanical or motorized equipment to create and maintain recreational trails in conformance with the master plan.

I. Idylwild Wildland, as Identified in Natural Resources Article, §5-1203(dd), Annotated Code of Maryland. Idylwild wildland is subject to all rights set forth in a deed between the Mayor and Council of Federalsburg and the State and recorded among the land records of Caroline County at Liber 102, folio 285, namely:

(1) The right of the Mayor and Council of Federalsburg to create, use, and maintain a pond on the property for municipal water supply; and

(2) The rights held by Eastern Shore Public Service Comapny, its successors and assigns, to control use of a pond and to construct and operate as an electric transmission distribution system on the property.

J. Cypress Swamp Wildlands.

(1) Activities related to the maintenance of existing public drainage within Cypress Swamp wildland are permitted if all local and State requirements for review, permit, and approval are followed.

(2) The existing stand of planted pine trees in Parcel 5 identified in Natural Resources Article, §5-1203(c)(2), Annotated Code of Maryland, may be harvested by the Department using mechanical or motorized equipment, and the area then reforested or allowed to naturally revert to a forested condition.

K. Mattawoman Wildland. With prior approval of the Maryland Historical Trust and after an internal Departmental review, the Department may authorize:

(1) Archaeological inventories, studies, and research that involve surface examination or limited substrate sampling;

(2) Salvage and excavation of archaeological sites; and

(3) Stabilization and restoration of historic structures existing as of October 1, 2014.

L. Parker's Creek Wildland. In order to preserve, maintain, study, research, and educate the public about the unique ecological features and rare habitats in the Parker's Creek Wildland area, within Parker's Creek Wildland the Department may:

(1) Retain, maintain, remove, or replace existing structures, trails, parking areas, and roads using mechanical or motorized equipment;

(2) Remove, replace, or dispose of non-native species using mechanical or motorized equipment;

(3) Erect fencing, gates, or signs in order to protect or identify unique natural or historical elements;

(4) Construct and maintain not more than two viewing platforms adjacent to hiking trails for public observation;

(5) Construct and maintain a footbridge across Parker's Creek at the historical crossing found at the southern terminus of Old Parker's Creek Road; and

(6) Continue to authorize agricultural management activities on the Goldstein Bay Farm for so long as an agricultural lease is in effect.

M. Chapman Wildland. With prior approval of the Maryland Historical Trust and after an internal Departmental review, the Department may authorize:

(1) Archaeological inventories, studies, and research that involve surface examination or limited substrate sampling;

(2) Salvage and excavation of archaeological sites; and

(3) Stabilization and restoration of historic structures existing as of October 1, 2014.

N. Dan's Mountain Wildland. In Dan's Mountain Wildland area the Department may:

(1) Establish and maintain roads and trails to provide access for wildlife-dependent recreation;

(2) Improve and manage habitat for early-succession wildlife; and

(3) Take all other actions necessary to manage the area in a way that fulfills the purposes of the 1966 Federal Aid in Fish and Wildlife Restoration Act grant from the Department of the Interior that partially funded acquisition of the area.

Md. Code Regs. 08.01.02.04

Regulations .04 adopted effective September 11, 1995 (22:18 Md. R. 1398)
Regulation .04 amended effective 42:4 Md. R. 432, eff.3/2/2015