Md. Code, Local Government § 13–706

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Decommissioning” means the removal and legal disposal

of an industrial wind energy conversion system and any other components related to

the industrial wind energy conversion system.

(ii) Unless the property owner specifies otherwise,

“decommissioning” includes the removal and legal disposal of buildings, roads,

concrete, fencing, gravel, stone, and foundations to a depth of 36 inches.

(3) “Industrial wind energy conversion system” means an

aggregation of parts, including the base, wind turbine, generator, supports, guy wires,

and accessory equipment in a configuration necessary to convert the power of wind

into mechanical or electrical energy that is intended for sale to energy providers

through the electric transmission grid.

(4) “Restoration of pad site” means, at the location of the industrial

wind energy conversion system:

(i) stabilizing, grading, and seeding disturbed areas to grow

ground cover; and

(ii) replacing the excavated foundation areas with topsoil that:

1. is free of noxious weeds, rocks, root mat, or foreign

objects larger than 2 inches in size; and

2. has proper soil nutrients to provide and sustain the

growth of ground cover.

(5) “Setback distance” means the distance measured from the base of

the tower of a wind turbine in an industrial wind energy conversion system to any

neighboring residential or school building in all directions.

(6) “Structure height” means the measurement from ground level at

the base of an industrial wind energy conversion system to the highest point of the

structure or the highest point of the blade at its greatest extension.

(7) “Wind turbine” means the tower, hub, blades, and nacelle.

(b) This section does not apply to any industrial wind energy conversion

system that has submitted an interconnection application to the PJM Interconnection

queue before March 1, 2013.

(c) In Garrett County, each individual industrial wind energy conversion

system shall comply with a minimum setback distance equal to no less than two and

one–half times the structure height.

(d) (1) Before an occupancy permit is issued for an industrial wind

energy conversion system in Garrett County, the Garrett County Department of

Planning and Land Development shall:

(i) at the applicant’s expense, retain an independent and

certified professional engineer to prepare a net cost estimate for decommissioning

and restoration of the pad site, less the salvage value of the industrial wind energy

conversion system; and

(ii) require the applicant to post a bond equal to 100% of the

cost estimate determined under item (i) of this paragraph and adjusted by an

estimated construction pricing index to ensure that cost increases during the

following 5–year interval will not decrease the value of the bond.

(2) A bond posted in accordance with paragraph (1)(ii) of this

subsection shall be held by the Garrett County Finance Department to be used as

surety in the event of noncompliance with a requirement under this section by an

owner of an industrial wind energy conversion system.

(3) (i) On completion of the construction of an industrial wind

energy conversion system in Garrett County, and every 10 years thereafter, the

Garrett County Department of Planning and Land Development, at the applicant’s

expense, shall retain an independent certified professional engineer to prepare a net

cost estimate for decommissioning and restoration of the pad site, less the salvage

value of the industrial wind energy conversion system.

(ii) The Garrett County Department of Planning and Land

Development may alter the amount of the bond determined under paragraph (1)(ii)

of this subsection to provide adequate security for the costs of decommissioning and

restoration of the pad site.

(4) If an industrial wind energy conversion system in Garrett County

is sold, the bond posted in accordance with paragraph (1) of this subsection shall be

released if the new owner posts a bond with the Garrett County Finance Department

that:

(i) is equal to the amount of the bond posted by the seller; or

(ii) is a greater amount if the Garrett County Department of

Planning and Land Development determines that additional security is necessary to

provide for the cost of decommissioning and restoration of the pad site.

(5) (i) If an industrial wind energy conversion system in Garrett

County has not generated electricity for a continuous period of 365 days or an owner

has abandoned an industrial wind energy conversion system, the Garrett County

Department of Planning and Land Development may require the owner to

decommission and restore the pad site.

(ii) If the owner fails to comply with the requirements under

this paragraph, the bond shall be used by Garrett County to cover the costs of

decommissioning and restoration of the pad site.