LAWRENCE J. HOGAN, JR., Governor Ch. 474
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Chapter 474
(Senate Bill 64)
AN ACT concerning
Beach Erosion Control District – State– and City–Owned Structures
FOR the purpose of exempting the repair, renovation, reconstruction, or expansion of
certain existing structures in the Beach Erosion Control District from a certain
prohibition under certain circumstances and subject to certain requirements;
repealing certain exemptions from a certain prohibition for the widening of the
boardwalk in Ocean City and the construction of certain restroom facilities in the
District; and generally relating to the Beach Erosion Control District.
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–1102
Annotated Code of Maryland
(2012 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
8–1102.
(a) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4)
of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State
and the Beach Erosion Control District, the integrity and continuity of the dunal system
and assuring adequate maintenance of the beaches, Beach Erosion Control District, and
dunal system, to provide for shore erosion and sediment control and storm protection, and
to minimize structural interference with the littoral drift of sand and any anchoring
vegetation, any land clearing, construction activity, or the construction or placement of
permanent structures within the Beach Erosion Control District is prohibited.
(2) This prohibition does not apply to any project or activity approved by
the Department and the appropriate soil conservation district specifically for storm control;
beach erosion and sediment control; maintenance projects designed to benefit the Beach
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional
40 feet to the east between South Second Street and the south side of Worcester Street and
from the south side of Somerset Street to the southerly terminus of the steel and concrete
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of
Worcester Street and the south side of Somerset Street to include associated appurtenances
and construction of one restroom facility in an easterly direction between South Second
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the Ch. 474 2022 LAWS OF MARYLAND
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purpose of public health, safety, and welfare; and a planned public utility pipeline carrying
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition
to the approvals required by all other applicable federal and local laws and regulations, it
is approved by the Board of Public Works as essential to the public health, safety, and
welfare of the citizens of Worcester County, after having received the permission of the
Secretaries of the Environment and Natural Resources, and the Secretary of Planning,
including a guarantee that in any contract under this provision a person will not make any
significant permanent environmental disruption to the area, and the construction area for
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a
single 100 foot wide area perpendicular eastward from the west crest of the natural dune
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and
Natural Resources and the Secretary of Planning find that there is no economically and
environmentally feasible alternative, and that there is insufficient capacity at the existing
Ocean City wastewater treatment facility and discharge pipe.
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition
does not apply to the construction and installation of a qualified submerged renewable
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result
in any significant permanent environmental damage to the Beach Erosion Control District,
as determined by the Department.
(ii) An application for a certificate of public convenience and
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208
of the Public Utilities Article, is subject to review by the Department and the Department
of the Environment, as provided in § 3–306 of this article.
(iii) The Public Service Commission may not approve an application
for a qualified submerged renewable energy line to be constructed or installed within the
Assateague National Seashore Park or the Assateague State Park.
(4) (I) SUBJECT TO SUBPARAGRAPH (II) SUBPARAGRAPHS (II),
(III), AND THROUGH (IV) OF THIS PARAGRAPH , THIS PROHIBITION DOE S NOT APPLY
TO THE REPAIR, RENOVATION , RECONSTRUCTION , OR EXPANSION OF AN E XISTING
STRUCTURE OWNED BY T HE STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN
CITY IF THE PROJECT D OES NOT RESULT IN AN Y SIGNIFICAN T PERMANENT
ENVIRONMENTAL DAMAGE TO THE BEACH EROSION CONTROL DISTRICT, AS
DETERMINED BY THE DEPARTMENT .
(II) A RECONSTRUCTION OR EX PANSION PROJECT CARR IED
OUT UNDER THIS PARAG RAPH SHALL COMPLY WITH SI TING AND DESIGN CRIT ERIA
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE.
(III) PRIOR TO THE COMMENCE MENT OF A RECONSTRUC TION OR
EXPANSION PROJECT CA RRIED OUT UNDER THIS PARAGRAPH , THE MAYOR AND
CITY COUNCIL OF OCEAN CITY SHALL APPROVE TH E PROJECT. LAWRENCE J. HOGAN, JR., Governor Ch. 474
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(IV) 1. AN EXPANSION PROJECT CARRIED OUT UNDER TH IS
PARAGRAPH MAY NOT :
A. RESULT IN ANY INCREAS E IN HEIGHT ABOVE TH E
EXISTING STRUCTURE ; OR
B. EXTEND BEYOND ANY EXI STING DULY RECORDED
PROPERTY OR FRANCHIS E BOUNDARY.
2. IF NO BOUNDARY UNDER SUBSUBPARAGRAPH 1B OF
THIS SUBPARAGRAPH EXISTS AT THE PROJECT SITE , AN EXPANSION PROJECT
CARRIED OUT UNDER TH IS PARAGRAPH :
A. SHALL BE SOLELY FOR P URPOSES OF BRINGING THE
EXISTING STRUCTURE I NTO COMPLIANCE WITH THE FEDERAL AMERICANS WITH
DISABILITIES ACT OR THE TOWN OF OCEAN CITY FIRE PREVENTION STAN DARDS;
AND
B. MAY NOT INCREASE THE ABOVE GRADE FOOTPRIN T
OF THE EXISTING STRU CTURE IN A NORTH OR SOUTH SHALL:
1. COMPLY WITH SITING AN D DESIGN CRITERIA
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE; AND
2. BE APPROVED BY TH E MAYOR AND CITY COUNCIL OF
OCEAN CITY.
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS
PARAGRAPH , A RECONSTRUCTION OR EXPANSION PROJECT CA RRIED OUT UNDER
THIS PARAGRAPH MAY N OT:
1. RESULT IN ANY INCREAS E IN HEIGHT ABOVE TH E
EXISTING STRUCTURE; OR
2. EXTEND BEYOND ANY EXI STING DULY RECORDED
PROPERTY OR FRANCHIS E BOUNDARY.
(IV) IF NO RECORDED PROPER TY OR FRANCHISE BOUN DARY
EXISTS FOR A RECONST RUCTION OR EXPANSION PROJECT CARRIED OUT UNDER
THIS PARAGRAPH , THE PROJECT:
1. MAY ONLY BRING THE EX ISTING STRUCTURE INT O
COMPLIANCE WITH : Ch. 474 2022 LAWS OF MARYLAND
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A. THE FEDERAL AMERICANS WITH DISABILITIES ACT;
OR
B. TOWN OF OCEAN CITY FIRE PREVENTION
STANDARDS; AND
2. MAY NOT INCREASE THE ABOVE–GRADE FOOTPRINT
OF THE EXISTING STRU CTURE IN A NORTHERLY OR SOUTHER LY DIRECTION.
(b) The Secretary of the Environment, the Secretary of Natural Resources, and
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article
for the purpose of implementing the provisions of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.