LAWRENCE J. HOGAN, JR., Governor Ch. 465
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Chapter 465
(House Bill 869)
AN ACT concerning
Wetlands and Waterways Program Division – Authorizations Permitting for
Ecological Restoration Projects – Required Study
FOR the purpose of requiring the Department of the Environment Environment’s Wetlands
and Waterways Program Division to establish a certain process for reviewing and
evaluating applications for wetlands and waterways authorizations study permitting
for ecological restoration projects on or before a certain date; and generally relating
to wetlands and waterways authorizations a study on permitting for ecological
restoration projects.
BY adding to
Article – Environment
Section 5–203.2
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
(a) The Department of the Environment’s Wetlands and Waterways Program
Division shall conduct a comprehensive study, analysis, and evaluation of:
(1) State statutes and regulations that affect permitting or completion of
ecological restoration projects permitted by the Wetlands and Waterways Program
Division;
(2) the permit and permit review process for ecological restoration permits
in the State;
(3) the opportunities for robust public comment and community review of
ecological restoration projects in order to:
(i) determine if the short–term and long–term effects of a project
will meet the aims of the community; and
(ii) review the scientific basis of the purpose of a project and its
connection to the watershed;
(4) the average time it takes between project submittal to project approval
for an ecological restoration project in the State compared to other states; and
Ch. 465 2022 LAWS OF MARYLAND
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(5) the efficiency and effectiveness of the current joint application permit
and permit review processes and current counterincentives to watershed–based stream
restoration.
(b) The Wetlands and Water ways Program Division shall conduct the
comprehensive study, analysis, and evaluation required under subsection (a) of this section
in consultation and coordination with:
(1) the Department of Natural Resources;
(2) representatives of:
(i) the ecological restoration industry that have completed ecological
restoration projects in the State;
(ii) environmental advocacy organizations with scientific or practical
background in ecosystem restoration;
(iii) community groups and community –based environmental
advocacy organizations; and
(iv) county governments in the State, including county
environmental policy directors and county sustainability officers; and
(3) if able to participate, representatives from:
(i) the University of Maryland Center for Environmental Science –
Chesapeake Biological Laboratory;
(ii) the University of Maryland Palmer Lab; and
(iii) any other scientific research center or laboratory that specializes
in ecosystem restoration.
(c) The Wetlands and Waterways Program Division shall develop legislative and
regulatory recommendations based on the results of the comprehensive study, analysis,
and evaluation required under subsection (a) of this section, including:
(1) the definition of ecological restoration that incorporates measurable
scientific aims, including:
(i) the reduction of nitrogen, sediment, and phosphorus pollution;
and
(ii) the improvement of benthic environment as compared with
conditions existing at the site of the project during site selection; LAWRENCE J. HOGAN, JR., Governor Ch. 465
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(2) recommendations for a separate and distinct permit application and
processes for watershed–based ecological restoration permits;
(3) a schedule for regular evaluation of regulations to determine if changes
are necessary to reflect scientific advances in the field, in accordance with § 10–132 of the
State Government Article;
(4) an evaluation of the need for continuing education requirements for
staff of the Department of the Environment and the Department of Natural Resources
involved in permitting activities for wetlands and waterways;
(5) recommendations for ensuring permits are issued in a timely and
efficient manner, and any other improvements to the existing permit process;
(6) recommendations for permits to be reviewed holistically and in a
manner that weighs the benefits of a restored ecosystem over individual resources;
(7) to ensure that permits are issued in a timely and efficient manner to
achieve the optimal ecosystem restoration outcome, changes to statutes and regulations
that hinder or conflict with ecological restoration permits, review processes, or project
implementation; and
(8) an analysis of whether additional staff or resources are needed for the
establishment of a new permit.
(d) On or before June 1, 2024, the Department of the Environment shall report
on the findings and recommendations in accordance with this section to the Governor and,
in accordance with § 2–1257 of the State Government Article, the General Assembly.
Article – Environment
5–203.2.
(A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH
A PROCESS FOR REVIEW ING AND EVALUATING A PPLICATIONS FOR WETL ANDS AND
WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS .
(B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION ,
SHALL:
(1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING
AND EVALUATING APPLI CATIONS FOR WETLANDS AND WATERWAYS
AUTHORIZATIONS FOR D EVELOPMENT PROJECTS ;
(2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND Ch. 465 2022 LAWS OF MARYLAND
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(II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE
SCIENCE EVOLVES ;
(3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH
EXPERTISE IN ECOLOGI CAL RESTORATION PROJ ECTS, INCLUDING TRAINING O N:
(I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND
PRACTICES APPLICABLE T O ECOLOGICAL RESTORA TION PROJECTS ; AND
(II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS
AND ECOLOGICAL RESTO RATION PROJECTS ;
(4) ESTABLISH REVIEW CRIT ERIA THAT ARE SPECIF ICALLY
TAILORED TO RESTORAT ION;
(5) REQUIRE APPLICATIONS TO BE R EVIEWED IN A MANNER THAT
WEIGHS THE BENEFITS OF A RESTORED ECOSYS TEM OVER THE BENEFIT S OF AN
INDIVIDUAL WETLAND O R WATERWAY ;
(6) IF APPROPRIATE , WAIVE ANY REQUIREMEN T TO MINIMIZE
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND O R WATERWAY IF AN
ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWA Y IS
NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND
(7) PROVIDE A METHOD FOR EXPEDITING REVIEW OF WETLANDS AND
WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE
PURPOSES OF:
(I) ENSURING STATE FUNDING FOR RES TORATION IS USED
MOST EFFICIENTLY AND EFFECTIVELY; AND
(II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H
WETLANDS AND WATERWA YS AUTHORIZATIONS AN D PROJECT CONSTRUCTI ON IN
ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS
CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL
MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED
AGREEMENT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 16, 2022.