Maryland

Recreational Use/Recreational Trespass Laws

MD Code 5-1101 through 5-1107

§ 5-1101. Definitions

(a) In this subtitle the following words have the meanings indicated.

(b)(1) "Charge" means price or fee asked for services, entertainment, recreation performed, or products offered for sale on land or in return for invitation or permission to enter or go upon land.
(2) "Charge" does not include:
(i) The sharing of game, fish, or other products of recreational use;
(ii) Benefits to the land arising from the recreational use; or
(iii) Contributions in kind or services to promote the management or conservation of resources on the land.

(c) "Educational purpose" includes:
(1) Nature study;
(2) Farm visitations for purposes of learning about the farming operation;
(3) Practice judging of livestock, dairy cattle, poultry, other animals, agronomy crops, horticultural crops, or other farm products;
(4) Organized visits to farms by school children, 4-H clubs, FFA clubs, and others as part of their educational programs;
(5) Organized visits for purposes of participating in or observing historical reenactments as part of an educational or cultural program; and
(6) Observation of historical, archaeological, or scientific sites.

(d)(1) "Land" means land, roads, paths, trails, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty.
(2) "Land" does not include any structure or equipment provided by a unit of local government for the purpose of public recreation.

(e) "Owner" means the owner of any estate or other interest in real property, whether possessory or nonpossessory, including the grantee of an easement.

(f) "Recreational purpose" means any recreational pursuit.

§ 5-1102. Purpose and construction

(a) The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose by limiting the owner's liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.

(b) This subtitle does not: (1) create a duty of care or ground of liability for injury to persons or property, (2) relieve any person using the land of another for any recreational or educational purpose from any obligation which he might have in the absence of this subtitle to exercise care in using the land and in his activities on the land, or from the legal consequences of his failure to employ care.

§ 5-1103. Landowner's duty of care

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.

§ 5-1104. Landowner allowing use of property

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:

(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.

§ 5-1106. Willful or malicious conduct

The provisions of this subtitle do not limit in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or for injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use. However, if land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.

§ 5-1107. Posting of notices

Whenever the owner desires, he may post in conspicuous places notices informing the public that the land is private. The landowner, by written consent, may grant permission to enter on the land.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Maryland values agricultural land, marshland, woodland and conservation land at a use value. Conservation lands are eligible lands subject to conservation easements. § 9-107.

Statute: Title – MD Code, Tax-Property §8-101 (Subclasses of Realty and Personalty), MD Code, Tax-Property §8-209 (Use Assessments – Farm and Agricultural Land), MD Code, Tax-Property §8-209.1 (Use Assessments – Conservation Property), MD Code, Tax-Property §8-210 (Use Assessments – Marshland); MD Code, Tax-Property §8-211 (Use Assessments – Woodlands).

Method of Assessment: Use value for agricultural, conservation, marsh and woodlands.

Application: Automatic enrollment. For woodlands, the owner may make an agreement with the Department of Natural Resources to place the land in the program.

Plan Requirements: For woodlands, the Department of Natural Resources may require the development of a management plan.

Current Use Taxation for open-space land: 

Maryland has no current use taxation to promote open space or recreation.

Tax incentive specifically for providing access: 

Maryland has no tax incentive to provide access.

Tax Incentive when land is subject to Conservation Easement: 

Statute: Md. Code Ann. §8-219, §8-209.1

Valuation and Process: Any land subject to an easement shall be assessed on the basis of its value as required by this subtitle, but the value shall be adjusted by the effect of the easement on the land.

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Income Tax: 

Statute: Maryland Tax – Income § 10-723 – Income tax credit for preservation and conservation easements.

Program: A state income tax credit up to $5,000 per year applies for land donated under a conservation easement to preserve open space. The remainder of the credit, if any, can carry over for up to 15 years for a maximum value of $80,000. The credit is based on the appraised fair market value of the land subject to the conservation easement. Easements donated before 2001 do not apply.

Enacted: 2001

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Fagerhus v. Host Marriott Corp., 2002, 795 A.2d 221, 143 Md.App. 525

-A property manager with a contractual duty to manage and maintain premises that a landowner makes available for recreational use is an “owner” who is entitled to invoke the protections of recreational use statute
-Phrase “other interest in real property,” as used in recreational use statute that confers protection from negligence liability on the owner of an estate or other interest in real property, includes nonpossessory interests that give a person control of the premises, even if that control is not the exclusive or primary control usually exercised by owners of a fee or leasehold estate.