Wicomico County, MD
 
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Table of Contents
Table of Contents
[Adopted 11-2-1965 by Res. No. 23[1]]
[1]
Editor's Note: The preamble to this resolution read as follows:
"WHEREAS, property owners and/or contractors and public utility companies have been entering the right-of-way of the public roads owned by Wicomico County, Maryland, and placing pipes, wires, gas mains or lines, irrigation pipes, driveway improvements, curbs, gutters and sidewalks thereon which have caused a blocking of stormwater drainage along said County right-of-way, and otherwise damaging said right-of-way; and
"WHEREAS, said Wicomico County, Maryland deems it necessary for the health, safety, and general welfare of the citizens of said County to control such works along and under said County right-of-way.
"THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND, That..."
Any property owner, contractor or public utility using the public right-of-way for the purpose of laying pipes, wires, gas mains or lines, irrigation pipes, driveway improvements, curbs, gutters or sidewalks shall first obtain a permit from the Department of Public Works of said county before beginning any such work.
The applicant for said permit shall first file with said Department a written application showing the property line, the county road lines, the type and the exact location of work to be done on said right-of-way.
The Department of Public Works, in issuing said permit, shall place such reasonable conditions and restrictions thereon so as to ensure the proper drainage along said county right-of-way and that, when said work is completed, said county right-of-way shall be in the same condition as before the work was started, all of said work to be done at the expense of the owner, contractor or public utility.
[Added 5-3-2011 by Bill No. 2011-03]
The placement of mailboxes and other objects in Wicomico County rights-of-way, the standards of mailboxes allowed in Wicomico County and the repair of any damage shall be made in accordance with the mailbox and incidental damage policy of the Department of Public Works as established by the County Executive and approved by the County Council.
[Added 12-18-2012 by Bill No. 2012-14]
A. 
Drain pipe installations or modifications of drainage systems located on or within County rights-of-way or easements shall be in accordance with the pipe installation policy of the Department of Public Works as established by the County Executive and approved by the County Council of Wicomico County, Maryland, from time to time.
B. 
Any person who desires to erect, construct, reconstruct, extend, alter, repair, change or modify the drainage systems located on or within County rights-of-way or easements shall first make application to the Department of Public Works and obtain a permit therefor.
[Added 12-18-2012 by Bill No. 2012-14]
Any person who violates this article is guilty of a civil infraction. Each day on which a violation of this article continues shall constitute a separate offense. The Director of the Department of Public Works or his designee is hereby authorized to issue citations for civil infractions of this article. A person receiving a citation must correct the violation as well as pay a fine of $100 for the first violation and a fine of not less than $100 and not more than $1,000 for each subsequent violation. In addition, Wicomico County may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this chapter. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions or mandamus, or other appropriate forms of relief.