EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable
House action: Adopted
Read second time: March 14, 2022
CHAPTER ______
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 T HE 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 2 HOUSE BILL 1300
to minimize structural interference with the littoral drift of sand and any anchoring 1
vegetation, any land clearing, construction activity, or the construction or placement of 2
permanent structures within the Beach Erosion Control District is prohibited. 3
(2) This prohibition does not apply to any project or activity approved by 4
the Department and the appropriate soil conservation district specifically for storm control; 5
beach erosion and sediment control; maintenance projects designed to benefit the Beach 6
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional 7
40 feet to the east between South Second Street and the south side of Worcester Street and 8
from the south side of Somerset Street to the southerly terminus of the steel and concrete 9
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of 10
Worcester Street and the south side of Somerset Street to include associated appurtenances 11
and construction of one restroom facility in an easterly direction between South Second 12
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the 13
purpose of public health, safety, and welfare; and a planned public utility pipeline carrying 14
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition 15
to the approvals required by all other applicable federal and local laws and regulations, it 16
is approved by the Board of Public Works as essential to the public health, safety, and 17
welfare of the citizens of Worcester County, after having received the permission of the 18
Secretaries of the Environment and Natural Resources, and the Secretary of Planning, 19
including a guarantee that in any contract under this provision a person will not make any 20
significant permanent environmental disruption to the area, and the construction area for 21
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a 22
single 100 foot wide area perpendicular eastward from the west crest of the natural dune 23
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and 24
Natural Resources and the Secretary of Planning find that there is no economically and 25
environmentally feasible alternative, and that there is insufficient capacity at the existing 26
Ocean City wastewater treatment facility and discharge pipe. 27
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition 28
does not apply to the construction and installation of a qualified submerged renewable 29
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result 30
in any significant permanent environmental damage to the Beach Erosion Control District, 31
as determined by the Department. 32
(ii) An application for a certificate of public convenience and 33
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 34
of the Public Utilities Article, is subject to review by the Department and the Department 35
of the Environment, as provided in § 3–306 of this article. 36
(iii) The Public Service Commission may not approve an application 37
for a qualified submerged renewable energy line to be constructed or installed within the 38
Assateague National Seashore Park or the Assateague State Park. 39
(4) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 40
PARAGRAPH , THIS PROHIBITION DOE S NOT APPLY TO THE R EPAIR, RENOVATION , 41
RECONSTRUCTION , OR EXPANSION OF AN E XISTING STRUCTURE OWNED BY THE 42 HOUSE BILL 1300 3
STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN CITY IF THE PROJECT D OES 1
NOT RESULT IN ANY SI GNIFICANT PERMANENT ENVIRONMENTAL DAMAGE TO THE 2
BEACH EROSION CONTROL DISTRICT, AS DETERMINED BY THE DEPARTMENT . 3
(II) A RECONSTRUCTION OR EX PANSION PROJECT CARRIED 4
OUT UNDER THIS PARAG RAPH SHALL: 5
1. COMPLY WITH SITING AN D DESIGN CRITERIA 6
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE; AND 7
2. BE APPROVED BY THE MAYOR AND CITY COUNCIL OF 8
OCEAN CITY. 9
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 10
PARAGRAPH , A RECONSTRUCTION OR EX PANSION PROJECT CARR IED OUT UNDER 11
THIS PARAGRAPH M AY NOT: 12
1. RESULT IN ANY INCREASE IN HEIGHT A BOVE THE 13
EXISTING STRUCTURE ; OR 14
2. EXTEND BEYOND ANY EXISTING DULY RECORDED 15
PROPERTY OR FRANCHIS E BOUNDARY. 16
(IV) IF NO RECORDED PROPER TY OR FRANCHISE BOUN DARY 17
EXISTS FOR A RECONST RUCTION OR EXPANSION PROJECT CARRIED OUT UNDER 18
THIS PARAGRAPH , THE PROJECT: 19
1. MAY ONLY BRING THE EX ISTING STRUCTURE INT O 20
COMPLIANCE WITH : 21
A. THE FEDERAL AMERICANS WITH DISABILITIES ACT; 22
OR 23
B. TOWN OF OCEAN CITY FIRE PREVENTION 24
STANDARDS; AND 25
2. MAY NOT INCREASE THE ABOVE–GRADE FOOTPRINT 26
OF THE EXISTING STRU CTURE IN A NORTHERLY OR SOUTHERLY DIRECTI ON. 27
(b) The Secretary of the Environment, the Secretary of Natural Resources, and 28
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly 29
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 30
for the purpose of implementing the provisions of this section. 31
4 HOUSE BILL 1300
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.