EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0869*
HOUSE BILL 869
M3 2lr1149
CF 2lr3189
By: Delegates Gilchrist, Foley, D. Jones, Lehman, J. Lewis, Ruth, Stein, and
P. Young
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Wetlands and Waterways Program – Authorizations for Ecological Restoration 2
Projects 3
FOR the purpose of requiring the Department of the Environment to establish a certain 4
process for reviewing and evaluating applications for wetlands and waterways 5
authorizations for ecological restoration projects on or before a certain date; and 6
generally relating to wetlands and waterways authorizations for ecological 7
restoration projects. 8
BY adding to 9
Article – Environment 10
Section 5–203.2 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Environment 16
5–203.2. 17
(A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH 18
A PROCESS FOR REVIEWIN G AND EVALUATING APP LICATIONS FOR WETLAND S AND 19
WATERWAYS AUTHORIZATIONS FOR ECOLOGICAL RESTORATI ON PROJECTS. 20
(B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION , 21
SHALL: 22
2 HOUSE BILL 869
(1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING 1
AND EVALUATING APPLI CATIONS FOR WETLAND S AND WATERWAYS 2
AUTHORIZATIONS FOR D EVELOPMENT PROJECTS ; 3
(2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND 4
(II) BE UPDATED ACCORDINGLY A S THE BEST AVAILABLE 5
SCIENCE EVOLVES ; 6
(3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH 7
EXPERTISE IN ECOLOGICAL RESTOR ATION PROJECTS , INCLUDING TRAINING O N: 8
(I) THE BEST AVAILABLE SCIENCE, TECHNOLOGY , AND 9
PRACTICES APPLICABLE TO ECOLOGICAL RESTOR ATION PROJECTS ; AND 10
(II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS 11
AND ECOLOGICAL RESTO RATION PROJECTS ; 12
(4) ESTABLISH REVIEW CRIT ERIA THAT ARE SPECIF ICALLY 13
TAILORED TO RESTORAT ION; 14
(5) REQUIRE APPLICATIONS TO BE REVIEWED IN A MANNER THAT 15
WEIGHS THE BENEFITS OF A RESTORE D ECOSYSTEM OVER THE BENEFITS OF AN 16
INDIVIDUAL WETLAND O R WATERWAY ; 17
(6) IF APPROPRIATE , WAIVE ANY REQUIREMENT TO MINIMIZE 18
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND OR WATERWAY IF AN 19
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWAY IS 20
NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND 21
(7) PROVIDE A METHOD FOR EXPEDITING REVIEW OF WETLAND S AND 22
WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE 23
PURPOSES OF: 24
(I) ENSURING STATE FUNDING FOR RES TORATION I S USED 25
MOST EFFICIENTLY AND EFFECTIVELY; AND 26
(II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H 27
WETLAND S AND WATERWAYS AUTHOR IZATIONS AND PROJECT CONSTRUCTION IN 28
ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS 29
CHESAPEAKE BAY RESTORATION GOALS UND ER THE CHESAPEAKE BAY TOTAL 30
MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED 31
AGREEMENT. 32 HOUSE BILL 869 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2