EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1300*
HOUSE BILL 1300
M1 2lr2368
By: Delegates Hartman, Adams, and Otto
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Beach Erosion Control District – State– and City–Owned Structures 2
FOR the purpose of exempting the repair, renovation, reconstruction, or limited expansion 3
of certain existing structures in the Beach Erosion Control District from a certain 4
prohibition under certain circumstances and subject to certain requirements; and 5
generally relating to the Beach Erosion Control District. 6
BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 8–1102 9
Annotated Code of Maryland 10
(2012 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Natural Resources 14
8–1102. 15
(a) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4) 16
of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State 17
and the Beach Erosion Control District, the integrity and continuity of the dunal system 18
and assuring adequate maintenance of the beaches, Beach Erosion Control District, and 19
dunal system, to provide for shore erosion and sediment control and storm protection, and 20
to minimize structural interference with the littoral drift of sand and any anchoring 21
vegetation, any land clearing, construction activity, or the construction or placement of 22
permanent structures within the Beach Erosion Control District is prohibited. 23
(2) This prohibition does not apply to any project or activity approved by 24 2 HOUSE BILL 1300
the Department and the appropriate soil conservation district specifically for storm control; 1
beach erosion and sediment control; maintenance projects designed to benefit the Beach 2
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional 3
40 feet to the east between South Second Street and the south side of Worcester Street and 4
from the south side of Somerset Street to the southerly terminus of the steel and concrete 5
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of 6
Worcester Street and the south side of Somerset Street to include associated appurtenances 7
and construction of one restroom facility in an easterly direction between South Second 8
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the 9
purpose of public health, safety, and welfare; and a planned public utility pipeline carrying 10
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition 11
to the approvals required by all other applicable federal and local laws and regulations, it 12
is approved by the Board of Public Works as essential to the public health, safety, and 13
welfare of the citizens of Worcester County, after having received the permission of the 14
Secretaries of the Environment and Natural Resources, and the Secretary of Planning, 15
including a guarantee that in any contract under this provision a person will not make any 16
significant permanent environmental disruption to the area, and the construction area for 17
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a 18
single 100 foot wide area perpendicular eastward from the west crest of the natural dune 19
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and 20
Natural Resources and the Secretary of Planning find that there is no economically and 21
environmentally feasible alternative, and that there is insufficient capacity at the existing 22
Ocean City wastewater treatment facility and discharge pipe. 23
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition 24
does not apply to the construction and installation of a qualified submerged renewable 25
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result 26
in any significant permanent environmental damage to the Beach Erosion Control District, 27
as determined by the Department. 28
(ii) An application for a certificate of public convenience and 29
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 30
of the Public Utilities Article, is subject to review by the Department and the Department 31
of the Environment, as provided in § 3–306 of this article. 32
(iii) The Public Service Commission may not approve an application 33
for a qualified submerged renewable energy line to be constructed or installed within the 34
Assateague National Seashore Park or the Assateague State Park. 35
(4) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 36
PARAGRAPH , THIS PROHIBITION DOE S NOT APPLY TO THE REPAIR, RENOVATION , 37
RECONSTRUCTION , OR EXPANSION OF AN E XISTING STRUCTURE OW NED BY THE 38
STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN CITY IF THE PROJECT D OES 39
NOT RESULT IN ANY SI GNIFICANT PERMANENT ENVIRONMENTAL DAMAGE TO THE 40
BEACH EROSION CONTROL DISTRICT, AS DETERMINED BY THE DEPARTMENT . 41
HOUSE BILL 1300 3
(II) A RECONSTRUCTION OR EX PANSION PROJECT CARR IED 1
OUT UNDER THIS PARAG RAPH SHALL: 2
1. COMPLY WITH SITING AN D DESIGN CRITERIA 3
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE; AND 4
2. BE APPROVED BY THE MAYOR AND CITY COUNCIL OF 5
OCEAN CITY. 6
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 7
PARAGRAPH , A RECONSTRUCTION OR EX PANSION PROJECT CARR IED OUT UNDER 8
THIS PARAGRAPH M AY NOT: 9
1. RESULT IN ANY INCREASE IN HEIGHT A BOVE THE 10
EXISTING STRUCTURE ; OR 11
2. EXTEND BEYOND ANY EXISTING DULY RECORDED 12
PROPERTY OR FRANCHIS E BOUNDARY. 13
(IV) IF NO RECORDED PROPER TY OR FRANCHISE BOUN DARY 14
EXISTS FOR A RECONST RUCTION OR EXPANSION PROJECT CARRIED OUT UNDER 15
THIS PARAGRAPH , THE PROJECT: 16
1. MAY ONLY BRING T HE EXISTING STRUCTUR E INTO 17
COMPLIANCE WITH : 18
A. THE FEDERAL AMERICANS WITH DISABILITIES ACT; 19
OR 20
B. TOWN OF OCEAN CITY FIRE PREVENTION 21
STANDARDS; AND 22
2. MAY NOT INCREASE THE ABOVE–GRADE FOOTPRINT 23
OF THE EXISTING STRU CTURE IN A NORTHERLY OR SOUTHERLY DIRECTION . 24
(b) The Secretary of the Environment, the Secretary of Natural Resources, and 25
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly 26
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 27
for the purpose of implementing the provisions of this section. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2022. 30