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.
Italics indicate opposite chamber/conference committee amendments.
*sb0064*
SENATE BILL 64
M1 (2lr0372)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Environment and Transportation —
Introduced by Senator Carozza
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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; 5
repealing certain exemptions from a certain prohibition for the widening of the 6
boardwalk in Ocean City and the construction of certain restroom facilities in the 7
District; and generally relating to the Beach Erosion Control District. 8
BY repealing and reenacting, with amendments, 9
Article – Natural Resources 10
Section 8–1102 11
Annotated Code of Maryland 12
(2012 Replacement Volume and 2021 Supplement) 13
2 SENATE BILL 64
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
8–1102. 4
(a) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4) 5
of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State 6
and the Beach Erosion Control District, the integrity and continuity of the dunal system 7
and assuring adequate maintenance of the beaches, Beach Erosion Control District, and 8
dunal system, to provide for shore erosion and sediment control and storm protection, and 9
to minimize structural interference with the littoral drift of sand and any anchoring 10
vegetation, any land clearing, construction activity, or the construction or placement of 11
permanent structures within the Beach Erosion Control District is prohibited. 12
(2) This prohibition does not apply to any project or activity approved by 13
the Department and the appropriate soil conservation district specifically for storm control; 14
beach erosion and sediment control; maintenance projects designed to benefit the Beach 15
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional 16
40 feet to the east between South Second Street and the south side of Worcester Street and 17
from the south side of Somerset Street to the southerly terminus of the steel and concrete 18
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of 19
Worcester Street and the south side of Somerset Street to include associated appurtenances 20
and construction of one restroom facility in an easterly direction between South Second 21
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the 22
purpose of public health, safety, and welfare; and a planned public utility pipeline carrying 23
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition 24
to the approvals required by all other applicable federal and local laws and regulations, it 25
is approved by the Board of Public Works as essential to the public health, safety, and 26
welfare of the citizens of Worcester County, after having received the permission of the 27
Secretaries of the Environment and Natural Resources, and the Secretary of Planning, 28
including a guarantee that in any contract under this provision a person will not make any 29
significant permanent environmental disruption to the area, and the construction area for 30
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a 31
single 100 foot wide area perpendicular eastward from the west crest of the natural dune 32
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and 33
Natural Resources and the Secretary of Planning find that there is no economically and 34
environmentally feasible alternative, and that there is insufficient capacity at the existing 35
Ocean City wastewater treatment facility and discharge pipe. 36
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition 37
does not apply to the construction and installation of a qualified submerged renewable 38
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result 39
in any significant permanent environmental damage to the Beach Erosion Control District, 40
as determined by the Department. 41
SENATE BILL 64 3
(ii) An application for a certificate of public convenience and 1
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 2
of the Public Utilities Article, is subject to review by the Department and the Department 3
of the Environment, as provided in § 3–306 of this article. 4
(iii) The Public Service Commission may not approve an application 5
for a qualified submerged renewable energy line to be constructed or installed within the 6
Assateague National Seashore Park or the Assateague State Park. 7
(4) (I) SUBJECT TO SUBPARAGRAPH (II) SUBPARAGRAPHS (II), 8
(III), AND THROUGH (IV) OF THIS PARAGRAPH , THIS PROHIBITION DOE S NOT APPLY 9
TO THE REPAIR, RENOVATION , RECONSTRUCTION , OR EXPANSION OF AN EXIS TING 10
STRUCTURE OWNED BY T HE STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN 11
CITY IF THE PROJECT D OES NOT RESULT IN AN Y SIGNIFICANT PERMAN ENT 12
ENVIRONMENTAL DAMAGE TO THE BEACH EROSION CONTROL DISTRICT, AS 13
DETERMINED BY THE DEPARTMENT . 14
(II) A RECONSTRUCTION OR EX PANSION PROJECT CARR IED 15
OUT UNDER THIS PARAG RAPH SHALL COMPLY WITH SI TING AND DESIGN CRIT ERIA 16
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE. 17
(III) PRIOR TO THE COMMENCE MENT OF A RECONSTRUC TION OR 18
EXPANSION PROJECT CA RRIED OUT U NDER THIS PARAGRAPH , THE MAYOR AND 19
CITY COUNCIL OF OCEAN CITY SHALL APPROVE TH E PROJECT. 20
(IV) 1. AN EXPANSION PROJECT CARRIED OUT UNDER TH IS 21
PARAGRAPH MAY NOT : 22
A. RESULT IN ANY INCREAS E IN HEIGHT ABOVE TH E 23
EXISTING STRUCTURE ; OR 24
B. EXTEND BEY OND ANY EXISTING DUL Y RECORDED 25
PROPERTY OR FRANCHIS E BOUNDARY. 26
2. IF NO BOUNDARY UNDER SUBSUBPARAGRAPH 1B OF 27
THIS SUBPARAGRAPH EX ISTS AT THE PROJECT SITE, AN EXPANSION PROJECT 28
CARRIED OUT UNDER TH IS PARAGRAPH : 29
A. SHALL BE SOLELY FOR P URPOSES OF BRINGING THE 30
EXISTING STRUCTURE I NTO COMPLIANCE WITH THE FEDERAL AMERICANS WITH 31
DISABILITIES ACT OR THE TOWN OF OCEAN CITY FIRE PREVENTION STANDARDS; 32
AND 33
4 SENATE BILL 64
B. MAY NOT INCREASE THE ABOVE GRADE FOOTPRIN T 1
OF THE EXISTING STRU CTURE IN A NORTH OR SOUTH SHALL: 2
1. COMPLY WITH SITING AN D DESIGN CRITERIA 3
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE; AND 4
2. BE APPROVED BY THE MAYOR AND CITY COUNCIL OF 5
OCEAN CITY. 6
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 7
PARAGRAPH , A RECONSTRUCTION OR EXPANSION PROJECT CA RRIED OUT UNDER 8
THIS PARAGRAPH MAY N OT: 9
1. RESULT IN ANY INCREAS E IN HEIGHT ABOVE TH E 10
EXISTING STRUCTURE ; OR 11
2. EXTEND BEYOND ANY EXI STING DULY RECORDED 12
PROPERTY OR FRANCHIS E BOUNDARY. 13
(IV) IF NO RECORDED PROPER TY OR FRANCHISE BOUN DARY 14
EXISTS FOR A RECONST RUCTION OR EXPANSION PROJECT CARRIED OUT UNDER 15
THIS PARAGRAPH , THE PROJECT: 16
1. MAY ONLY BRING THE EX ISTING STRUCTURE INT O 17
COMPLIANCE WITH : 18
A. THE FEDERAL AMERICANS WITH DISABILITIES ACT; 19
OR 20
B. TOWN OF OCEAN CITY FIRE PREVENTION 21
STANDARDS; AND 22
2. MAY NOT INCREASE THE ABOVE–GRADE FOOTPRINT 23
OF THE EXISTING STRU CTURE IN A NORTHERLY OR SOUTHERLY DIRECTION. 24
(b) The Secretary of the Environment, the Secretary of Natural Resources, and 25
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly 26
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 27
for the purpose of implementing the provisions of this section. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2022. 30