A Guide to Maryland’s Laws and Regulations Related to Offshore Waterfowl Hunting

INTRODUCTION
Maryland's history and tradition of waterfowl hunting is as rich as any in the nation. No article on the early days of waterfowling is complete without mention of the Chesapeake region and places such as the Susquehanna Flats. The Maryland General Assembly passed the first state law concerning waterfowl hunting in 1833. Since then, numerous state laws and regulations have been passed to address hunting on the public waters of the state, often referred to as "offshore".

Unfortunately, many of these rules are difficult to interpret or even find, particularly if you are new to the state. The purpose of this summary is to provide a reference for landowners, waterfowl hunters and other interested citizens regarding the laws related to licensing offshore blinds and shoreline. If you have questions, please contact the Wildlife and Heritage Service at 410-260-8540. We also provide references to the specific laws governing these activities in Appendix 1.

ORGANIZATION OF THIS GUIDE
This document is organized by the types of offshore waterfowl hunting allowed in public waters of the state:

  1. Licensing Riparian Shoreline to establish a stationary blind or blind site.
  2. Hunting from an Anchored Boat
  3. Hunting while Standing on the Natural Bottom
  4. Hunting from a Boat that is Drifting or Being Paddled

DEFINITIONS
The following definitions apply to terms used in the text:

  1. Boat.- "Boat" includes any raft, canoe, floating blind, skiff, or other floating device.
  2. Offshore.- "Offshore" means any place on waters of the State below the mean high tide mark on tidal waters or below the mean high water mark on nontidal waters.
  3. Offshore blind. - “Offshore blind” means either an offshore blind site or an offshore stationary blind.
  4. Offshore blind site.- "Offshore blind site" means a specific location in the water where a person may hunt wild waterfowl from a boat that is tied to or anchored at a stake which has been licensed.
  5. Offshore stationary blind.- "Offshore stationary blind" means an offshore structure built on pilings or stakes that has been licensed and used for hunting wild waterfowl.
  6. Riparian landowner – “Riparian landowner” means a person who owns riparian (i.e., waterfront) property, or an assign or lessee of that person.

LICENSING RIPARIAN SHORELINE TO ESTABLISH OFFSHORE STATIONARY BLINDS OR BLIND SITES
Offshore stationary blinds and blind sites (see Definitions) may be located in public waters adjacent to licensed riparian shoreline in most areas of the state. These locations are licensed by the Department of Natural Resources. There are some parts of the state where no licensing may take place  (see Appendix 2 for area descriptions).

LICENSING FOR RIPARIAN LANDOWNERS
Any person owning riparian property in Maryland may license their shoreline, regardless of their state of residency. Persons owning property in Virginia that is adjacent to the tidal waters of the Potomac River may also license their shoreline. A riparian landowner may lease or assign their rights to license their riparian shoreline and establish offshore blinds. Any riparian landowner, regardless of how much shoreline they own, may license their shoreline to prevent the shoreline from being licensed at a later date by someone else. Once a stretch of shoreline is licensed, no other person may receive a license for the same shoreline, whether or not the original licensee establishes a stationary blind or blind site.

Riparian landowners wishing to establish an offshore blind must either own at least 250 yards of continuous shoreline or they must have written permission from adjoining neighbors to total at least 250 yards of continuous shoreline, except that a riparian landowner who does not own or have written permission for shoreline totaling at least 250 yards may still establish a blind site (but not a stationary blind) if no other shoreline is licensed within 125 yards of the blind site. If an applicant submits an application and the location of the blind fails to meet the 125-yard test, the shoreline will still be licensed only. There are some parts of the state in Baltimore and Kent Counties where no licensing may take place  (see Appendix 2 for area descriptions).

Conflict Among Applicants
In rare cases, conflicts may occur between applicants, usually because proposed stationary blinds or blind sites are too close. The Department will attempt to resolve such conflicts through negotiation. When they cannot be resolved, the applicant applying first shall prevail. If both applications arrive in the mail on the same day a coin toss shall determine which applicant shall prevail. The applicants may be present for the coin toss.

Requirements for Landowner's Offshore Blinds

Distance Between Offshore Blinds
Offshore stationary blinds and blind sites must be at least 250 yards apart from each other. Stationary blinds and blind sites must be at least 150 yards from any dwelling, unless the licensee has the written permission of the owner of the house.

Distance from Adjacent Landowners
For applicants with at least 250 yards of shoreline, offshore blinds must also be located at least 125 yards from the property line of adjoining landowners. So for example, if a licensee owned exactly 250 yards of riparian shoreline, a stationary blind or blind site would have to be located midway between the licensee's property lines. In the case of a small landowner (one who does not own or have written permission from adjoining neighbors totaling 250 yards), the blind site must be at least 125 yards from the nearest licensed shoreline.

Distance from Shore
Relative to the licensed shoreline, stationary blinds and blind sites must generally be located within 300 yards of the shoreline or one-third the distance to the opposite shore, whichever is less. If, for example, a creek is 600 yards wide, a licensee may not place a stationary blind or blind site more than 200 yards out in the creek from the licensed shoreline. An exception to the distance from shore rule, is that in the Chesapeake Bay in Anne Arundel and Calvert Counties, and in Prospect Bay in Queen Anne's County, stationary blinds and blind sites may be up to 800 yards from the shoreline.

Offshore Blind Marking Requirements
Both stationary blinds and blind sites must be marked. Offshore stationary blinds must be marked with the licensee's name and license number and marked on each side with at least 100 square inches of clearly visible reflective material attached to the stationary blind at least 3 feet above the high water mark. Offshore blind sites must be marked by a stake or buoy showing the licensee's name and license number. The blind site stake must be marked on all sides with reflective material at least 4 inches wide located at least 3 feet above the high water mark. The requirement for reflective material on stationary blinds and blind sites is not in effect while the stationary blind or blind site is actually being used for hunting.

Hunting While Standing on Natural Bottom
Most hunting from licensed blind sites is done from a boat that is tied or anchored at the stake marking the blind site. However, hunters may also stand on the natural bottom at the stake marking the blind site. A licensee who allows another person to use a licensed stationary blind or blind site should provide the person with a copy of the license.

Possession of License Required
A licensee who allows another person to use a licensed stationary blind or blind site must provide the person with a copy of the license. Any hunter or group of hunters hunting at a licensed stationary blind or blind site must possess at least one copy of the license issued by the Department for the site.

What if I miss the June 1st Deadline?
Landowners who miss the June 1st deadline for offshore blind and shoreline licensing may participate in the "open" licensing process that begins on the first Tuesday in August (or before, as scheduled by the Department). At this time, any resident of the state may apply in person to license up to 2 blind sites per day, if 250 yards of unlicensed shoreline exists and the site is 250 yards away from any already licensed offshore blinds. Landowners may license their entire shoreline during this time, under one license, if it has not been "divided" by a nonlandowner license. If it has been "divided", each segment will have to be licensed separately.

For the first two days of the licensing period, licenses can be obtained at an office established by the Department in each county. After the first 2 days, licenses must be obtained from the Department of Natural Resources Licensing and Registration Service Center that is handling the county for which you wish to obtain a license. A list of the offices and dates for licensing can be obtained by calling the Department at 410-260-8540. In Kent and Queen Anne's County and on the nontidal waters of the Potomac River and the tributaries to the nontidal portion of the Potomac River, only riparian landowners may license offshore blinds.  

LICENSING FOR RESIDENT NONLANDOWNERS
The law establishes that the owners of a particular stretch of shoreline have the first opportunity to license that shoreline and to locate an offshore stationary blind or blind site adjacent to the licensed shoreline, consistent with other requirements. The licensing period for landowners ends on June 1. By July 15, the Department is required to have maps available, in offices designated by the Department, showing the shoreline that is licensed to landowners. Note that there are areas of the state where no licensing may occur (see exceptions in Appendix 2.)

Licensing Procedures for Resident Nonlandowners
Beginning on August 1 (or thereabouts), any resident of the state may apply in person to license up to 2 blind sites per day. For the first two days of the licensing period, licenses can be obtained at an office established by the Department in each county where persons other than the landowner may license shoreline (commonly referred to as squatters). After the first 2 days, blind site licenses must be obtained from the Department of Natural Resources Licensing and Registration Service Center that is handling the county for which you wish to obtain a license. A list of the offices and dates for licensing can be obtained by calling the Department at 410-260-8540. In Kent and Queen Anne’s County and on the nontidal waters of the Potomac River and the tributaries to the nontidal portion of the Potomac River, only riparian landowners may license blind sites.

Each license issued to a nonlandowner applies to 250 yards of shoreline, with the blind site located in the middle. All blind sites must be at least 125 yards from previously licensed shoreline. Therefore, there has to be a stretch of shoreline of at least 250 yards that has not been previously licensed (to either a landowner or a resident nonlandowner) available at the time that you apply. Licenses expire on June 30, in the year after the license was issued.

Requirements For Nonlandowner’s Blind Sites
Nontidal Ponds
Blind site licensing in nontidal ponds is prohibited.

Distance Between Offshore Blind Sites
Blind sites must be at least 250 yards from any other blind site or stationary blind. Blind sites must be at least 150 yards from any dwelling, unless the licensee has the written permission of the owner of the house.

Distance from Shore
Relative to the licensed shoreline, blind sites must generally be located within 300 yards of the shoreline or one-third the distance to the opposite shore, whichever is less. If, for example, a creek is 600 yards wide, a licensee may not place a blind site more than 200 yards out in the creek from the licensed shoreline. An exception to the distance from shore rule, is that in the Chesapeake Bay in Anne Arundel and Calvert Counties, and in Prospect Bay in Queen Anne's County, blind sites may be up to 800 yards from the shoreline.

Offshore Blind Marking Requirements
Offshore blind sites must be marked by a stake or buoy showing the licensee's name and license number. The blind site stake must be marked on all sides with reflective material at least 4 inches wide located at least 3 feet above the high water mark. The requirement for reflective material on the blind site stake is not in effect while the blind site is actually being used for hunting.

Hunting While Standing on Natural Bottom
Most hunting from licensed blind sites is done from a boat that is tied or anchored at the stake marking the blind site. However, hunters may also stand on the natural bottom at the stake marking the blind site. A licensee who allows another person to use a licensed stationary blind or blind site should provide the person with a copy of the license.

Possession of License Required
A licensee who allows another person to use a licensed stationary blind or blind site must provide the person with a copy of the license. Any hunter or group of hunters hunting at a licensed blind site must possess at least one copy of the license issued by the Department for the site.

HUNTING FROM AN ANCHORED BOAT
Hunting from an anchored boat or while standing on the natural bottom is  legal at a licensed blind site (see definitions above) or in specified waters of the state. The specified waters of the state where hunting by this method is allowed are the 1) Sea Duck Zone, the 2) Offshore Waterfowl Hunting Zone (often referred to as the gunning rig zone), 3) the nontidal waters of the Potomac River, and 4) adjacent to certain DNR-owned properties.

A "gunning rig" license was formerly required to hunt from an anchored boat or while standing on the natural bottom, except when hunting at a licensed stationary blind or blind site This license has since been eliminated. However, in the Sea Duck Zone, Offshore Waterfowl Hunting Zone, or on the nontidal waters of the Potomac River, a nonresident may not hunt from a boat at anchor or while standing on the natural bottom unless accompanied by a Maryland resident.