EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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.
*sb0064*
SENATE BILL 64
M1 2lr0372
(PRE–FILED)
By: Senator Carozza
Requested: August 9, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 3, 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 expansion of 3
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 GENER AL 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 2 SENATE BILL 64
dunal system, to provide for shore erosion and sediment control and storm protection, and 1
to minimize structural interference with the littoral drift of sand and any anchoring 2
vegetation, any land clearing, construction activity, or the construction or placement of 3
permanent structures within the Beach Erosion Control District is prohibited. 4
(2) This prohibition does not apply to any project or activity approved by 5
the Department and the appropriate soil conservation district specifically for storm control; 6
beach erosion and sediment control; maintenance projects designed to benefit the Beach 7
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional 8
40 feet to the east between South Second Street and the south side of Worcester Street and 9
from the south side of Somerset Street to the southerly terminus of the steel and concrete 10
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of 11
Worcester Street and the south side of Somerset Street to include associated appurtenances 12
and construction of one restroom facility in an easterly direction between South Second 13
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the 14
purpose of public health, safety, and welfare; and a planned public utility pipeline carrying 15
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition 16
to the approvals required by all other applicable federal and local laws and regulations, it 17
is approved by the Board of Public Works as essential to the public health, safety, and 18
welfare of the citizens of Worcester County, after having received the permission of the 19
Secretaries of the Environment and Natural Resources, and the Secretary of Planning, 20
including a guarantee that in any contract under this provision a person will not make any 21
significant permanent environmental disruption to the area, and the construction area for 22
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a 23
single 100 foot wide area perpendicular eastward from the west crest of the natural dune 24
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and 25
Natural Resources and the Secretary of Planning find that there is no economically and 26
environmentally feasible alternative, and that there is insufficient capacity at the existing 27
Ocean City wastewater treatment facility and discharge pipe. 28
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition 29
does not apply to the construction and installation of a qualified submerged renewable 30
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result 31
in any significant permanent environmental damage to the Beach Erosion Control District, 32
as determined by the Department. 33
(ii) An application for a certificate of public convenience and 34
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 35
of the Public Utilities Article, is subject to review by the Department and the Department 36
of the Environment, as provided in § 3–306 of this article. 37
(iii) The Public Service Commission may not approve an application 38
for a qualified submerged renewable energy line to be constructed or installed within the 39
Assateague National Seashore Park or the Assateague State Park. 40
(4) (I) SUBJECT TO SUBPARAGRAPH (II) SUBPARAGRAPHS (II), 41
(III), AND (IV) OF THIS PARAGRAPH , THIS PROHIBITION DOE S NOT APPLY TO THE 42 SENATE BILL 64 3
REPAIR, RENOVATION , RECONSTRUCTION , OR EXPANSION OF AN EXISTING 1
STRUCTURE OWNED BY T HE STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN 2
CITY IF THE PROJECT D OES NOT RESULT IN AN Y SIGNIFICANT PERMAN ENT 3
ENVIRONMENTAL DAMAGE TO THE BEACH EROSION CONTROL DISTRICT, AS 4
DETERMINED BY THE DEPARTMENT . 5
(II) A RECONSTRUCTION OR EXPAN SION PROJECT CARRIED 6
OUT UNDER THIS PARAG RAPH SHALL COMPLY WI TH SITING AND DESIGN CRITERIA 7
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE. 8
(III) PRIOR TO THE COMMENCE MENT OF A RECONSTRUC TION OR 9
EXPANSION PROJECT CA RRIED OUT UNDER THIS PARAGRAPH , THE MAYOR AND 10
CITY COUNCIL OF OCEAN CITY SHALL APPROVE TH E PROJECT. 11
(IV) 1. AN EXPANSION PROJECT CARRIED OUT UNDER TH IS 12
PARAGRAPH MAY NOT : 13
A. RESULT IN ANY INCREAS E IN HEIGHT ABOVE TH E 14
EXISTING STRUCTURE ; OR 15
B. EXTEND BEYOND ANY EXISTING DULY RECORD ED 16
PROPERTY OR FRANCHIS E BOUNDARY. 17
2. IF NO BOUNDARY UNDER SUBSUBPARAGRAPH 1B OF 18
THIS SUBPARAGRAPH EX ISTS AT THE PROJECT SITE, AN EXPANSION PROJECT 19
CARRIED OUT UNDER TH IS PARAGRAPH : 20
A. SHALL BE SOLELY FOR P URPOSES OF BRINGING THE 21
EXISTING STRUCTURE I NTO COMPLIANCE WITH THE FEDERAL AMERICANS WITH 22
DISABILITIES ACT OR THE TOWN OF OCEAN CITY FIRE PREVENTION STANDARDS; 23
AND 24
B. MAY NOT INCREASE THE ABOVE GRADE FOOTPRIN T 25
OF THE EXISTING STRU CTURE IN A NORTH OR SOUTH DIRECTION . 26
(b) The Secretary of the Environment, the Secretary of Natural Resources, and 27
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly 28
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 29
for the purpose of implementing the provisions of this section. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2022. 32