In Maryland, minerals can be lost to nonuse. After 20 years without activity a severed interest can revert to the surface owner under Md. Code, Environment 15-1201 et seq..
Quick answer: In Maryland, a severed mineral interest is not permanent: it can revert to the surface owner if it goes unused. Maryland Dormant Mineral Interests Act of 2010 lets a surface owner terminate a severed interest unused for 20 years or more. Upheld as constitutional in 2016. The governing statute is Md. Code, Environment 15-1201 et seq.. To keep it alive, record a notice of intent to preserve, or use the interest within 20 years (Md. Code, Environment 15-1201 et seq.). If you may sell, confirm the clock has been met first.
In Maryland, a severed mineral interest unused for 20 years can be extinguished and revert to the surface owner under Md. Code, Environment 15-1201 et seq.. As of June 2026.
Maryland Dormant Mineral Interests Act of 2010 lets a surface owner terminate a severed interest unused for 20 years or more. Upheld as constitutional in 2016. The effect is that 20 years of complete inactivity, with nothing recorded to preserve the interest, opens the door for the surface owner to clear it.
Maryland scores 84 out of 100 on the Dormancy Risk Score and ranks number 6 of 51 for how easily an absent owner can lose a severed interest.
Maryland follows the uniform dormant mineral interests model under Md. Code, Environment 15-1201 et seq. The owner can preserve the interest by recording a notice of intent to preserve under 15-1204, or by use within the 20 year period, such as production, operations, or a recorded transaction that refers to the interest.
Enter the date the interest was last used, such as a sale, lease, recorded filing, drilling permit, or production, to see when it could lapse and exactly what resets the clock.
Pooling in Maryland should be checked against the statute as it stands, since terms and thresholds vary.
Maryland does not provide a standalone surface protection act, leaving lease language and general law to govern disturbance.
Yes. Left idle for 20 years, a severed interest in Maryland can be terminated and revert to the surface owner.
After 20 years of nonuse, subject to the notice and preservation steps the statute requires.
Maryland provides for pooling, subject to the live statutory terms.
Record a notice of intent to preserve under 15-1204, or use the interest within 20 years through production, operations, or a recorded transaction (Md. Code, Environment 15-1201 et seq.).
American Mineral Registry. Mineral Rights in Maryland. 2026. https://americanmineralregistry.com/research/states/maryland.html
This page is a plain language reference compiled from the state code and published legal analysis. It is general information, not legal advice. Confirm against the current Maryland code or a licensed attorney before acting.