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.
*hb0869*
HOUSE BILL 869
M3 2lr1149
CF SB 945
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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 14, 2022
CHAPTER ______
AN ACT concerning 1
Wetlands and Waterways Program Division – Authorizations Permitting for 2
Ecological Restoration Projects – Required Study 3
FOR the purpose of requiring the Department of the Environment Environment’s Wetlands 4
and Waterways Program Division to establish a certain process for reviewing and 5
evaluating applications for wetlands and waterways authorizations study permitting 6
for ecological restoration projects on or before a certain date; and generally relating 7
to wetlands and waterways authorizations a study on permitting for ecological 8
restoration projects. 9
BY adding to 10
Article – Environment 11
Section 5–203.2 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
(a) The Department of the Environment’s Wetlands and Waterways Program 17
Division shall conduct a comprehensive study, analysis, and evaluation of: 18
2 HOUSE BILL 869
(1) State statutes and regulations that affect permitting or completion of 1
ecological restoration projects permitted by the Wetlands and Waterways Program 2
Division; 3
(2) the permit and permit review process for ecological restoration permits 4
in the State; 5
(3) the opportunities for robust public comment and community review of 6
ecological restoration projects in order to: 7
(i) determine if the short–term and long–term effects of a project 8
will meet the aims of the community; and 9
(ii) review the scientific basis of the purpose of a project and its 10
connection to the watershed; 11
(4) the average time it takes between project submittal to project approval 12
for an ecological restoration project in the State compared to other states; and 13
(5) the efficiency and effectiveness of the current joint application permit 14
and permit review processes and current counterincentives to watershed–based stream 15
restoration. 16
(b) The Wetlands and Waterways Program Division shall conduct the 17
comprehensive study, analysis, and evaluation required under subsection (a) of this section 18
in consultation and coordination with: 19
(1) the Department of Natural Resources; 20
(2) representatives of: 21
(i) the ecological restoration industry that have completed ecological 22
restoration projects in the State; 23
(ii) environmental advocacy organizations with scientific or practical 24
background in ecosystem restoration; 25
(iii) community groups and community –based environmental 26
advocacy organizations; and 27
(iv) county governments in the State, including county 28
environmental policy directors and county sustainability officers; and 29
(3) if able to participate, representatives from: 30
(i) the University of Maryland Center for Environmental Science – 31
Chesapeake Biological Laboratory; 32 HOUSE BILL 869 3
(ii) the University of Maryland Palmer Lab; and 1
(iii) any other scientific research center or laboratory that specializes 2
in ecosystem restoration. 3
(c) The Wetlands and Waterways Program Division shall develop legislative and 4
regulatory recommendations based on the results of the comprehensive study, analysis, 5
and evaluation required under subsection (a) of this section, including: 6
(1) the definition of ecological restoration that incorporates measurable 7
scientific aims, including: 8
(i) the reduction of nitrogen, sediment, and phosphorus pollution; 9
and 10
(ii) the improvement of benthic environment as compared with 11
conditions existing at the site of the project during site selection; 12
(2) recommendations for a separate and distinct permit application and 13
processes for watershed–based ecological restoration permits; 14
(3) a schedule for regular evaluation of regulations to determine if changes 15
are necessary to reflect scientific advances in the field, in accordance with § 10–132 of the 16
State Government Article; 17
(4) an evaluation of the need for continuing education requirements for 18
staff of the Department of the Environment and the Department of Natural Resources 19
involved in permitting activities for wetlands and waterways; 20
(5) recommendations for ensuring permits are issued in a timely and 21
efficient manner, and any other improvements to the existing permit process; 22
(6) recommendations for permits to be reviewed holistically and in a 23
manner that weighs the benefits of a restored ecosystem over individual resources; 24
(7) to ensure that permits are issued in a timely and efficient manner to 25
achieve the optimal ecosystem restoration outcome, changes to statutes and regulations 26
that hinder or conflict with ecological restoration permits, review processes, or project 27
implementation; and 28
(8) an analysis of whether additional staff or resources are needed for the 29
establishment of a new permit. 30
(d) On or before June 1, 2024, the Department of the Environment shall report 31
on the findings and recommendations in accordance with this section to the Governor and, 32
in accordance with § 2–1257 of the State Government Article, the General Assembly. 33 4 HOUSE BILL 869
Article – Environment 1
5–203.2. 2
(A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH 3
A PROCESS FOR REVIEW ING AND EVALUATING A PPLICATIONS FOR WETL ANDS AND 4
WATERWAYS AUTHORIZATIONS FOR E COLOGICAL RESTORATIO N PROJECTS. 5
(B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION , 6
SHALL: 7
(1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING 8
AND EVALUATING APPLI CATIONS FOR WETLANDS AND WATERWAYS 9
AUTHORIZATIONS FOR DEVELOPMENT PROJ ECTS; 10
(2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND 11
(II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE 12
SCIENCE EVOLVES ; 13
(3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH 14
EXPERTISE IN ECOLOGI CAL RESTORATION PR OJECTS, INCLUDING TRAINING O N: 15
(I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND 16
PRACTICES APPLICABLE TO ECOLOGICAL RESTOR ATION PROJECTS ; AND 17
(II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS 18
AND ECOLOGICAL RESTO RATION PROJECTS ; 19
(4) ESTABLISH REVIEW CRITERIA THAT ARE SPECIFICALLY 20
TAILORED TO RESTORAT ION; 21
(5) REQUIRE APPLICATIONS TO BE REVIEWED IN A MANNER THAT 22
WEIGHS THE BENEFITS OF A RESTORED ECOSYS TEM OVER THE BENEFIT S OF AN 23
INDIVIDUAL WETLAND O R WATERWAY ; 24
(6) IF APPROPRIATE , WAIVE AN Y REQUIREMENT TO MIN IMIZE 25
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND OR WATERWAY IF AN 26
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWA Y IS 27
NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND 28
HOUSE BILL 869 5
(7) PROVIDE A METHOD FOR EXPEDITING REVI EW OF WETLANDS AND 1
WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE 2
PURPOSES OF: 3
(I) ENSURING STATE FUNDING FOR RES TORATION IS USED 4
MOST EFFICIENTLY AND EFFECTIVELY; AND 5
(II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H 6
WETLANDS A ND WATERWAYS AUTHORI ZATIONS AND PROJECT CONSTRUCTION IN 7
ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS 8
CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL 9
MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED 10
AGREEMENT. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.