EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0233*
HOUSE BILL 233
M1 4lr0314
(PRE–FILED) CF SB 306
By: Chair, Environment and Transportation Committee (By Request – Critical
Area Commission)
Requested: September 15, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program 2
– Climate, Equity, and Administrative Provisions 3
FOR the purpose of altering the standards for membership on the Critical Area 4
Commission; repealing a certain advisory committee on the Atlantic Coastal Bays 5
Critical Area Program; authorizing the Commission to adopt regulations governing 6
the transfer of development rights, fee in lieu payments, the assessment of and 7
adaption to climate change relevant to the critical area, enhancing resilience in the 8
critical area, and environmental justice and equity initiatives; establishing certain 9
considerations of climate change, resiliency, and equity as general principles and 10
minimum elements of local programs; requiring a local program to give consideration 11
to underserved communities when assessing the suitability of critical areas for 12
certain recreation; requiring local jurisdictions to consider climate change when 13
approving growth allocation decisions; requiring the Commission to consider 14
environmental impacts on underserved or overburdened communities when 15
reviewing growth allocation map amendments; altering certain resource 16
conservation area density standards and requirements; authorizing the purchase of 17
transferable development rights for certain intrafamily transfers; authorizing a 18
certain increase in lot coverage limits under certain circumstances; altering the 19
process for performing the required local jurisdiction comprehensive reviews of 20
critical area programs; establishing standards under which a critical area 21
designation may be changed on proof of mistake and under which a zoning map 22
amendment may be granted; authorizing the Commission to direct a local 23
jurisdiction to correct a program deficiency; establishing a certain remedial process 24
if a local jurisdiction fails to update its critical area program; repealing certain 25
requirements on oil or natural gas production or exploration in the critical area; 26
establishing a process for the preparation, distribution, review, refinement, and 27
formal adoption of the periodic update of statewide base maps; and generally relating 28
to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. 29 2 HOUSE BILL 233
BY repealing and reenacting, without amendments, 1
Article – Business Regulation 2
Section 19–106(a)(1) and (5) 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Environment 7
Section 1–701(a)(1), (5), (7), and (8) 8
Annotated Code of Maryland 9
(2013 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c), 13
8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and 14
(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii) 15
and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through 16
(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b), 17
8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Natural Resources 22
Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19., 23
8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2023 Supplement) 26
BY repealing 27
Article – Natural Resources 28
Section 8–1806(c), 8–1809(k), and 8–1817 29
Annotated Code of Maryland 30
(2023 Replacement Volume and 2023 Supplement) 31
Preamble 32
WHEREAS, Following extensive research and the issuance of a report by the U.S. 33
Environmental Protection Agency that clearly demonstrated the alarming extent of 34
degradation of the Chesapeake Bay, in significant part because of prominent land use and 35
growth patterns, the Critical Area Commission was created in 1984 in order to preserve 36
and restore water quality in the State, to maintain valued wildlife habitat, and to 37
accommodate inevitable growth, and these same legislative concerns were addressed in 38
2002 when the protections of the Critical Area Program were expanded to include the 39
Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area 40 HOUSE BILL 233 3
Program; and 1
WHEREAS, The critical area, which comprises approximately 11% of Maryland’s 2
land mass, includes the majority of the State’s most ecologically fragile and valuable 3
properties; and 4
WHEREAS, From its inception, partnership between State and local government 5
has been a cornerstone of the Critical Area Program; and 6
WHEREAS, To date local critical area programs are operative in Baltimore City, 16 7
counties, and 47 other municipalities, and critical area issues directly impact at least seven 8
State departments; and 9
WHEREAS, After nearly 40 years of operation, the Critical Area Program has 10
effectively influenced thousands of land use decisions, addressed and minimized the 11
adverse impacts of growth associated with hundreds of requests for growth allocation, and 12
represented a comprehensive effort between the State and local governments to enforce a 13
variety of water quality and habitat protection standards; and 14
WHEREAS, Despite these efforts, additional measures are necessary to enhance a 15
cooperative land use and natural resource management program that will restore the 16
quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal 17
tributaries, and associated land–based ecosystems; and 18
WHEREAS, As a member of the Maryland Commission on Climate Change, the 19
Critical Area Commission is charged with recommending short and long–term strategies 20
and initiatives to better mitigate, prepare for, and adapt to the consequences of climate 21
change; and 22
WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s 23
water quality resources and the loss of valuable shoreline areas due to erosion, sea level 24
rise, and climate change, the Critical Area Commission has a significant role in ensuring 25
the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent 26
resource lands and wildlife habitats to the rapidly evolving climate realities; and 27
WHEREAS, To address the increasing effects on water quality from more frequent 28
and higher–intensity storms, to adjust conservation programs and techniques to the 29
shifting realities of species and habitats, and to accommodate appropriate levels and 30
locations for growth within the critical area, improvements to the Critical Area Program 31
are in order at this time; and 32
WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area 33
Commission ensure the equitable distribution of the environmental benefits and burdens 34
of development, restoration, and mitigation within the critical area and, in doing so, the 35
Commission must also ensure equitable representation and participation in its processes; 36
now, therefore, 37
4 HOUSE BILL 233
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
19–106. 4
(a) (1) In this section the following words have the meanings indicated. 5
(5) “Underrepresented community” means a community whose members 6
self–identify: 7
(i) as Black, African American, Hispanic, Latino, Asian, Pacific 8
Islander, Native American, Native Hawaiian, or Alaska Native; or 9
(ii) with one or more of the racial or ethnic groups listed in item (i) 10
of this paragraph. 11
Article – Environment 12
1–701. 13
(a) (1) In this section the following words have the meanings indicated. 14
(5) “Environmental justice” means equal protection from environmental 15
and public health hazards for all people regardless of race, income, culture, and social 16
status. 17
(7) “Overburdened community” means any census tract for which three or 18
more of the following environmental health indicators are above the 75th percentile 19
statewide: 20
(i) Particulate matter (PM) 2.5; 21
(ii) Ozone; 22
(iii) National Air Toxics Assessment (NATA) diesel PM; 23
(iv) NATA cancer risk; 24
(v) NATA respiratory hazard index; 25
(vi) Traffic proximity; 26
(vii) Lead paint indicator; 27
(viii) National Priorities List Superfund site proximity; 28 HOUSE BILL 233 5
(ix) Risk Management Plan facility proximity; 1
(x) Hazardous waste proximity; 2
(xi) Wastewater discharge indicator; 3
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 4
(xiii) Percent of the population lacking broadband coverage; 5
(xiv) Asthma emergency room discharges; 6
(xv) Myocardial infarction discharges; 7
(xvi) Low–birth–weight infants; 8
(xvii) Proximity to emitting power plants; 9
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 10
(xix) Proximity to a brownfields site; 11
(xx) Proximity to mining operations; and 12
(xxi) Proximity to a hazardous waste landfill. 13
(8) “Underserved community” means any census tract in which, according 14
to the most recent U.S. Census Bureau Survey: 15
(i) At least 25% of the residents qualify as low–income; 16
(ii) At least 50% of the residents identify as nonwhite; or 17
(iii) At least 15% of the residents have limited English proficiency. 18
Article – Natural Resources 19
8–1801. 20
(a) The General Assembly finds and declares that: 21
(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries 22
are natural resources of great significance to the State and the nation, and their beauty, 23
their ecological value, and their economic impact all reach far beyond any one local 24
jurisdiction; 25
6 HOUSE BILL 233
(2) The shoreline and adjacent lands, particularly the buffer areas, 1
constitute a valuable, fragile, and sensitive part of this estuarine system, where human 2
activity can have a particularly immediate and adverse impact on water quality and 3
natural habitats; 4
(3) The capacity of these shoreline and adjacent lands to withstand 5
continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to 6
water quality and natural habitats is limited; 7
(4) Human activity is harmful in these shoreline areas, where the new 8
development of nonwater–dependent structures AND USES or an increase in lot coverage is 9
presumed to be contrary to the purpose of this subtitle, because these activities may cause 10
OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the 11
Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to 12
maintain a buffer of at least 100 feet landward from the mean high water line of tidal 13
waters, tributary streams, and tidal wetlands; 14
(5) National studies have documented that the quality and productivity of 15
the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative 16
effects of human activity that have caused increased levels of pollutants, nutrients, and 17
toxics in the Bay system and declines in more protective land uses such as forestland and 18
agricultural land in the Bay region; 19
(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and 20
their tributaries within Maryland are particularly stressed by the continuing population 21
growth and development activity concentrated in the Baltimore–Washington metropolitan 22
corridor and along the Atlantic Coast; 23
(7) The quality of life for the citizens of Maryland is enhanced through the 24
restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic 25
Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS 26
ARE DISTRIBUTED EQUI TABLY; 27
(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and 28
their tributaries is dependent, in part, on minimizing further adverse impacts to the water 29
quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE 30
RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the 31
buffer; 32
(9) The cumulative impact of current development and of each new 33
development activity in the buffer is inimical to these purposes, and it is therefore 34
imperative that State law protect irreplaceable State buffer resources from unpermitted 35
activity; [and] 36
(10) There is a critical and substantial State interest for the benefit of 37
current and future generations in fostering more sensitive development and more effective 38 HOUSE BILL 233 7
enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake 1
and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water 2
quality and natural habitats; 3
(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 4
DEVELOPING POLICIES AND STR ATEGIES TO BETTER MI TIGATE, PREPARE FOR , AND 5
ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S 6
SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE , 7
PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND 8
TO ENHAN CE THE RESILIENCE OF THE STATE’S SHORELINES BY IDEN TIFYING, 9
RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED 10
FEATURES; 11
(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 12
ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AN D BURDENS OF 13
DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE 14
STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND 15
PARTICIPATION IN THE SE PROCESSES; AND 16
(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE 17
DEVELOPMENT IS C OMPATIBLE WITH PROJE CTED CLIMATE IMPACTS AND COASTAL 18
HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY . 19
(b) It is the purpose of the General Assembly in enacting this subtitle: 20
(1) To establish a Resource Protection Program for the Chesapeake and the 21
Atlantic Coastal Bays and their tributaries by fostering more sensitive development 22
activity for certain shoreline areas so as to minimize damage to water quality and natural 23
habitats; and 24
(2) To implement the Resource Protection Program on a cooperative basis 25
between the State and affected local governments, with local governments establishing and 26
implementing their programs in a [consistent and] CONSISTENT, uniform, AND 27
EQUITABLE manner subject to State and local leadership, criteria, and oversight. 28
8–1802. 29
(a) (1) In this subtitle the following words have the meanings indicated. 30
(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight, 31
Sinepuxent, Newport, and Chincoteague Bays. 32
(3) “Atlantic Coastal Bays Critical Area” means the initial planning area 33
identified under § 8–1807 of this subtitle. 34
8 HOUSE BILL 233
(4) “Buffer” means an existing, naturally vegetated area, or an area 1
established in vegetation and managed to protect aquatic, wetlands, shoreline, and 2
terrestrial environments from manmade disturbances. 3
(5) “Chesapeake Bay Critical Area” means the initial planning area 4
identified under § 8–1807 of this subtitle. 5
(6) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A NATURAL 6
SYSTEM TO MAINTAIN F UNCTION IN THE FACE OF STRESSES IMPOSED BY CLIMATE 7
CHANGE AND TO ADAPT THE NATURAL SYSTEM T O BE BETTER PREPARED FOR 8
FUTURE CLIMATE IMPAC TS. 9
(7) “Commission” means the Critical Area Commission for the Chesapeake 10
and Atlantic Coastal Bays established in this subtitle. 11
[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the 12
Atlantic Coastal Bays Critical Area. 13
[(8)] (9) “Developer” means: 14
(i) A person who undertakes development as defined in this section; 15
or 16
(ii) A person who undertakes development activities as defined in 17
the criteria of the Commission. 18
[(9)] (10) “Development” means any activity that materially affects the 19
condition or use of dry land, land under water, or any structure. 20
[(10)] (11) (i) “Dwelling unit” means a single unit providing complete, 21
independent living facilities for at least one person, including permanent provisions for 22
sanitation, cooking, eating, sleeping, and other activities routinely associated with daily 23
life. 24
(ii) “Dwelling unit” includes a living quarters for a domestic or other 25
employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker 26
residence. 27
(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 28
1–701 OF THE ENVIRONMENT ARTICLE. 29
(13) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY, AND 30
FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION OF 31
RESOURCES BY INSTITU TIONS OR SYSTEMS . 32
[(11)] (14) “Growth allocation” means the number of acres of land in the 33 HOUSE BILL 233 9
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local 1
jurisdiction may use to create new intensely developed areas and new limited development 2
areas. 3
[(12)] (15) “Includes” means includes or including by way of illustration and 4
not by way of limitation. 5
[(13)] (16) (i) “Intensely developed area” means an area of at least 20 6
acres or the entire upland portion of the critical area within a municipal corporation, 7
whichever is less, where: 8
1. Residential, commercial, institutional, or industrial 9
developed land uses predominate; and 10
2. A relatively small amount of natural habitat occurs. 11
(ii) “Intensely developed area” includes: 12
1. An area with a housing density of at least four dwelling 13
units per acre; 14
2. An area with public water and sewer systems with a 15
housing density of more than three dwelling units per acre; or 16
3. A commercial marina redesignated by a local jurisdiction 17
from a resource conservation area or limited development area to an intensely developed 18
area through a mapping correction that occurred before January 1, 2006. 19
[(14)] (17) “Land classification” means the designation of land in the 20
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with 21
the criteria adopted by the Commission as an intensely developed area or district, a limited 22
development area or district, or a resource conservation area or district. 23
[(15)] (18) (i) “Limited development area” means an area: 24
1. That is developed in low or moderate intensity uses and 25
contains areas of natural plant and animal habitat; and 26
2. Where the quality of runoff has not been substantially 27
altered or impaired. 28
(ii) “Limited development area” includes an area: 29
1. With a housing density ranging from one dwelling unit per 30
five acres up to four dwelling units per acre; 31
2. With a public water or sewer system; 32 10 HOUSE BILL 233
3. That is not dominated by agricultural land, wetland, 1
forests, barren land, surface water, or open space; or 2
4. That is less than 20 acres and otherwise qualifies as an 3
intensely developed area under paragraph [(13)] (16) of this subsection. 4
[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation 5
with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area 6
or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located. 7
[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel 8
that is: 9
1. Occupied by a structure, accessory structure, parking 10
area, driveway, walkway, or roadway; or 11
2. Covered with gravel, stone, shell, [impermeable] decking, 12
a paver, permeable pavement, or any manmade material. 13
(ii) “Lot coverage” includes the ground area covered or occupied by a 14
stairway or impermeable deck. 15
(iii) “Lot coverage” does not include: 16
1. A fence or wall that is less than 1 foot in width that has 17
not been constructed with a footer; 18
2. A walkway in the buffer or expanded buffer, including a 19
stairway, that provides direct access to a community or private pier; 20
3. A wood mulch pathway; or 21
4. A PERMEABLE deck [with gaps to allow water to pass 22
freely]. 23
(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES 24
PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES, GEOLOGY, SLOPES, 25
VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE 26
AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE. 27
(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE 28
NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL 29
FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND 30
CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK 31
REDUCTION. 32 HOUSE BILL 233 11
(II) “NATURE–BASED FEATURES ” INCLUDES LIVING 1
SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS. 2
(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 3
1–701 OF THE ENVIRONMENT ARTICLE. 4
[(18)] (24) (i) “Program” means the critical area protection program of a 5
local jurisdiction. 6
(ii) “Program” includes any amendments to the program. 7
[(19)] (25) (i) “Program amendment” means any change or proposed 8
change to an adopted program that is not determined by the Commission [chairman] 9
CHAIR to be a program refinement. 10
(ii) “Program amendment” includes a change to a zoning map that is 11
not consistent with the method for using the growth allocation contained in an adopted 12
program. 13
[(20)] (26) (i) “Program refinement” means any change or proposed 14
change to an adopted program that the Commission [chairman] CHAIR determines will 15
result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal 16
Bays Critical Area in a manner consistent with the adopted program, or that will not 17
significantly affect the use of land or water in the critical area. 18
(ii) “Program refinement” may include: 19
1. A change to an adopted program that results from State 20
law; 21
2. A change to an adopted program that affects local 22
processes and procedures; 23
3. A change to a local ordinance or code that clarifies an 24
existing provision; and 25
4. A minor change to an element of an adopted program that 26
is clearly consistent with the provisions of this subtitle and all of the criteria of the 27
Commission. 28
[(21)] (27) (i) “Project approval” means the approval of development, 29
other than development by a State or local government agency, in the Chesapeake Bay 30
Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval 31
authority. 32
12 HOUSE BILL 233
(ii) “Project approval” includes: 1
1. Approval of PRELIMINARY AND FINAL subdivision plats 2
and site plans; 3
2. Inclusion of areas within floating zones; 4
3. Issuance of variances, special exceptions, and conditional 5
use permits; and 6
4. Approval of rezoning. 7
(iii) “Project approval” does not include building permits. 8
(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING 9
CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO 10
EMERGENCIES . 11
[(22)] (29) (i) “Resource conservation area” means an area that is 12
characterized by: 13
1. Nature dominated environments, such as wetlands, 14
surface water, forests, and open space; and 15
2. Resource–based activities, such as agriculture, forestry, 16
fisheries, or aquaculture. 17
(ii) “Resource conservation area” includes an area with a housing 18
density of less than one dwelling per five acres. 19
[(23)] (30) “Tributary stream” means a perennial stream or an intermittent 20
stream within the critical area that has been identified by site inspection or in accordance 21
with local program procedures approved by the Commission. 22
(31) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING STAT ED 23
IN § 19–106 OF THE BUSINESS REGULATION ARTICLE. 24
(32) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 25
1–701 OF THE ENVIRONMENT ARTICLE. 26
8–1804. 27
(a) (1) The Commission consists of 29 voting members who REFLECT THE 28
DIVERSITY OF THE STATE AND are appointed by the Governor, as follows: 29
(i) A full–time [chairman] CHAIR, appointed with the advice and 30 HOUSE BILL 233 13
consent of the Senate, who shall serve at the pleasure of the Governor; 1
(ii) 13 individuals, appointed with the advice and consent of the 2
Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. 3
At least 1 of these 13 individuals must be an elected or appointed official of a municipality. 4
These individuals shall serve on the Commission only while they hold local office. Each 5
shall be selected from certain counties or from municipalities within the counties as follows, 6
and only after the Governor has consulted with elected county and municipal officials: 7
1. 1 from each of Baltimore City and Anne Arundel, 8
Baltimore, and Prince George’s counties; 9
2. 1 from Harford County or Cecil County; 10
3. 1 from Kent County or Queen Anne’s County; 11
4. 1 from Caroline County; 12
5. 1 from Talbot County or Dorchester County; 13
6. 1 from Wicomico County or Somerset County; 14
7. 2 from Calvert County, Charles County, or St. Mary’s 15
County, both of whom may not be from the same county; and 16
8. 2 from Worcester County, 1 of whom shall be a resident of 17
the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic 18
Coastal Bays Watershed; 19
(iii) 8 individuals, appointed with the advice and consent of the 20
Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED 21
COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are 22
listed and from which an appointment has not been made under item (ii) of this paragraph 23
and 3 of the 8 members appointed under this item shall be at large members, 1 of whom 24
shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and 25
(iv) The Secretaries of Agriculture, Commerce, Housing and 26
Community Development, the Environment, Transportation, Natural Resources, and 27
Planning, ex officio, or the designee of the Secretaries. 28
(c) Except for the [chairman] CHAIR and ex officio State officers or their 29
representatives: 30
(1) The term of a member is 4 years; 31
(2) The terms of members are staggered as required by the terms provided 32
for members of the Commission on July 1, 1984; 33 14 HOUSE BILL 233
(3) At the end of a term, a member continues to serve until a successor is 1
appointed and qualifies; 2
(4) A member who is appointed after a term is begun serves for the rest of 3
the term and until a successor is appointed and qualifies; 4
(5) A member may serve no more than 2 terms; and 5
(6) Any member of the Commission appointed by the Governor who shall 6
fail to attend at least 60% of the meetings of the Commission during any period of 12 7
consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall 8
forward the member’s name to the Governor, not later than January 15 of the year following 9
the nonattendance with the statement of the nonattendance, and the Governor shall 10
appoint a successor for the remainder of the term. If the member has been unable to attend 11
meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor 12
may waive the resignation if the reasons are made public. 13
8–1805. 14
(b) (1) The [chairman] CHAIR with the approval of the Commission shall 15
appoint an Executive Director for the Commission. 16
(2) The Executive Director serves at the pleasure of the [chairman] CHAIR 17
and is entitled to the salary provided in the State budget. 18
(c) The Attorney General shall designate an assistant Attorney General to advise 19
and represent the [chairman] CHAIR and the Commission. 20
8–1806. 21
(a) The Commission has all powers necessary for carrying out the purposes of this 22
subtitle, including the following: 23
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 24
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 25
Procedure Act) of the State Government Article, to adopt and amend regulations as 26
authorized under this subtitle for the administration and enforcement of the State and local 27
programs; 28
(2) To conduct hearings in connection with policies, proposed programs, 29
and proposed regulations or amendments to regulations; AND 30
(3) To contract for consultant or other services[; and 31
(4) To establish an advisory committee, composed of members of the 32 HOUSE BILL 233 15
Commission and local citizens and local stakeholder groups, to make recommendations to 1
the Commission with respect to Atlantic Coastal Bays Critical Area programs]. 2
(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 3
(1) Establish comprehensive standards and procedures for: 4
(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ; 5
(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION 6
activities on the buffer; 7
(x) Development in the critical area, with respect to: 8
1. Clearing, grading, and construction activity; 9
2. Clustering to promote conservation of natural site 10
features; 11
3. THE TRANSFER OF DEVEL OPMENT RIGHTS ; 12
4. Flexibility for redevelopment; 13
[4.] 5. Stormwater management; 14
[5.] 6. Application of the 10% pollutant reduction rule; 15
[6.] 7. Forest and developed woodlands protections; 16
[7.] 8. Clearing of natural vegetation; 17
[8.] 9. Lot coverage standards; 18
[9.] 10. Commission review of local provisions for lot 19
consolidation; and 20
[10.] 11. The exclusion of State tidal wetlands from calculations 21
of density, forest and developed woodlands protections, limitations on clearing natural 22
vegetation, and lot coverage standards; 23
(xiv) Directives for local program development and implementation, 24
with respect to: 25
4. Reporting requirements, INCLUDING ACCOUNTING OF 26
FEE IN LIEU FUNDS ; 27
16 HOUSE BILL 233
(xv) In consultation with the Department of the Environment, 1
surface mining in the critical area; [and] 2
(xvi) The application for and processing of a variance, with respect to: 3
6. Notice of a variance decision; [and] 4
(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO 5
CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION , 6
STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME 7
WEATHER EVENTS; 8
(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA BY 9
PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED 10
FEATURES; AND 11
(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES 12
THAT: 13
1. ADDRESS DISPARATE IMP ACTS OF DEVELOPMENT ; 14
AND 15
2. ENSURE THE BENEFITS O F DEVELOPMENT , 16
RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND 17
[(c) The members of the Commission who reside in the Atlantic Coastal Bays 18
Watershed shall serve on any committee established under subsection (a)(4) of this section.] 19
8–1808. 20
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 21
primary responsibility for developing and implementing a program, subject to review and 22
approval by the Commission. 23
(2) [(i) The Governor shall include in the budget a sum of money to be 24
used for grants to reimburse local jurisdictions for the reasonable costs of developing a 25
program under this section. 26
(ii) Each local jurisdiction shall submit to the Governor a detailed 27
request for funds that are equivalent to the additional costs incurred in developing the 28
program under this section. 29
(iii) The Governor shall include in the fiscal year 2003 budget a sum 30
of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays 31
Critical Area for the reasonable costs of developing a program under this section. 32 HOUSE BILL 233 17
(3)] The Governor shall include in the budget annually a sum of money to 1
be used for grants to assist local jurisdictions with the reasonable costs of implementing 2
AND UPDATING a program under this section. Each local jurisdiction shall submit to the 3
Governor by May 1 of each year a detailed request for funds to assist in the implementation 4
of a program under this section. 5
(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E 6
IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST 7
LOCAL JURI SDICTIONS TO INCORPO RATE CLIMATE RESILIE NCY AND EQUITABLE 8
PLANNING INTO AN UPD ATED LOCAL PROGRAM . 9
(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL 10
SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS 11
PARAGRAPH . 12
(b) A program shall consist of those elements which are necessary or appropriate 13
TO: 14
(1) [To minimize] MINIMIZE adverse impacts on water quality that result 15
from pollutants that are discharged from structures or conveyances or that have run off 16
from surrounding lands; 17
(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and] 18
(3) [To establish] ESTABLISH land use policies for development in the 19
Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which 20
accommodate growth and also address the fact that, even if pollution is controlled, the 21
number, movement, and activities of persons in that area can create adverse environmental 22
impacts; 23
(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE 24
AND INCORPORATE MEAS URES TO IMPROVE THE RESILIENCY OF THE CHESAPEAKE 25
AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND 26
(5) ENSURE AN EQUITABLE D ISTRIBUTION OF THE B URDENS AND 27
BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND 28
ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA. 29
(c) (1) (iii) At a minimum, a program shall contain all of the following 30
elements, including: 31
3. As necessary, new or amended provisions of the 32
jurisdiction’s: 33
18 HOUSE BILL 233
A. Subdivision regulations; 1
B. Comprehensive or master plan; 2
C. [Zoning ordinances] ORDINANCES or regulations THAT 3
AFFECT DEVELOPMENT I N THE CRITICAL AREA ; 4
D. Provisions relating to enforcement; and 5
E. Provisions as appropriate relating to [grandfathering of] 6
development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or 7
approved by the Commission, including provisions for bringing lands into conformance with 8
the Program as required under item 12 of this subparagraph; 9
6. Establishment of buffer areas along shorelines within 10
which agriculture will be permitted only if AN AGRICULTURAL best management 11
[practices are] PRACTICE IS used, provided that structures or any other use of land which 12
is necessary for adjacent agriculture shall also be permitted in any buffer area; 13
8. [Designation] ASSESSMENT AND MAPPIN G of shoreline 14
areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, 15
public access or assembly, and water–related recreation such as boat slips, piers, and 16
beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITIES ; 17
13. Except as provided in subsection (d) of this section, 18
provisions for granting a variance to the local jurisdiction’s critical area program, in 19
accordance with regulations adopted by the Commission concerning variances set forth in 20
[COMAR 27.01.11] COMAR 27.01.12; 21
14. Penalty provisions establishing that, in addition to any 22
other penalty applicable under State or local law, each person who violates a provision of 23
this subtitle or of a program, including a contractor, property owner, or any other person 24
who committed, assisted, authorized, or participated in the violation is subject to a fine not 25
exceeding $10,000; [and] 26
15. Administrative enforcement procedures in accordance 27
with due process principles, including notice and an opportunity to be heard, and 28
establishing that: 29
A. Each violation of this subtitle or of a regulation, rule, 30
order, program, or other requirement adopted under the authority of this subtitle 31
constitutes a separate offense; 32
B. Each calendar day that a violation continues constitutes a 33
separate offense; 34
HOUSE BILL 233 19
C. For each offense, a person shall be subject to separate 1
fines, orders, sanctions, and other penalties; 2
D. Civil penalties for continuing violations shall accrue 3
without a requirement for an additional assessment, notice, or opportunity for hearing for 4
each separate offense; 5
E. On consideration of all the factors included under this 6
subsection and any other factors in the local jurisdiction’s approved program, the local 7
jurisdiction shall impose the amount of the penalty; 8
F. Satisfaction of all conditions specified under paragraph (4) 9
of this subsection shall be a condition precedent to the issuance of any permit, approval, 10
variance, or special exception for the affected property; and 11
G. Unless an extension of time is appropriate because of 12
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 13
or special exception for the affected property, any additional mitigation required as a 14
condition of approval for the permit, approval, variance, or special exception shall be 15
completed; 16
16. PROVISIONS FOR: 17
A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE 18
CHANGE; 19
B. MITIGATION AND ADAPTA TION MEASURES THAT 20
ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING , 21
OTHER EXTREME WEATHE R EVENTS, MIGRATING WETLANDS , AND COASTAL 22
FORESTS; AND 23
C. ENHANCING THE RESILIE NCY OF THE CRITICAL AREA 24
BY IDENTIFYING , RESTORING, AND CREATING AND CON SERVING EXISTING AND 25
PROJECTED FUTURE NAT URAL AND NATURE –BASED FEATURES ; 26
17. PROVISIONS FOR: 27
A. IDENTIFYING UNDERSERV ED AND OVERBURDENED 28
COMMUNITIES WITHIN T HE CRITICAL AREA ; 29
B. MEASURES TO ENSURE TH E EQUITABLE 30
DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION , 31
AND MITIGATION WITHI N THE CRITICAL AREA ; AND 32
C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON 33 20 HOUSE BILL 233
PROCESS; 1
18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE 2
WATER, SHORELINE, AND OTHER N ATURAL AREAS FOR UND ERSERVED OR 3
OVERBURDENED COMMUNI TIES; AND 4
19. METHODS TO ENSURE EFF ECTIVE ALLOCATION , 5
ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS. 6
(4) A local jurisdiction may not issue a permit, approval, variance, or 7
special exception THAT IS SUBJECT TO THE VI OLATION, unless the person seeking the 8
permit, approval, variance, or special exception has: 9
(i) Fully paid all administrative, civil, and criminal penalties 10
imposed under paragraph (1)(iii)15 of this subsection; 11
(ii) Prepared a restoration or mitigation plan, approved by the local 12
jurisdiction, to abate impacts to water quality or natural resources as a result of the 13
violation; and 14
(iii) Performed the abatement measures in the approved plan in 15
accordance with the local critical area program. 16
8–1808.1. 17
(c) (2) When locating new intensely developed or limited development areas, 18
local jurisdictions shall use the following standards: 19
(i) Locate a new intensely developed area in a limited development 20
area or adjacent to an existing intensely developed area; 21
(ii) Locate a new limited development area adjacent to an existing 22
limited development area or an intensely developed area; 23
(iii) Locate a new limited development area or an intensely developed 24
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 25
27.01.09, and in an area and manner that optimizes benefits to water quality; 26
(iv) Locate a new intensely developed area or a limited development 27
area in a resource conservation area at least 300 feet beyond the landward edge of tidal 28
wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 29
approves, alternative measures for enhancement of water quality and habitat that provide 30
greater benefits to the resources; 31
(v) Locate new intensely developed areas and limited development 32
areas in a manner that minimizes their impacts to the defined land uses of the resource 33 HOUSE BILL 233 21
conservation area; 1
(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED 2
DEVELOPMENT AREAS OUTSIDE OF ARE AS VULNERABLE TO CLI MATE CHANGE 3
UNLESS THE LOCAL JUR ISDICTION PROPOSES A ND THE COMMISSION APPROVES : 4
1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS 5
VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF 6
THIS SUBTITLE; AND 7
2. MEASURES THAT : 8
A. ASSESS CLIMATE RESILI ENCY AND VULNERABILI TY; 9
AND 10
B. INCORPORATE SITING , DESIGN, CONSTRUCTION , AND 11
OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE RESILIENCY A ND REDUCE 12
VULNERABILITY ; 13
(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more 14
than one–half of the expansion allocated in the criteria of the Commission may be located 15
in resource conservation areas; 16
[(vii)] (VIII) New intensely developed or limited development areas 17
involving the use of growth allocation shall conform to all criteria of the Commission and 18
shall be designated on the comprehensive zoning map submitted by the local jurisdiction 19
as part of its application to the Commission for program approval or at a later date in 20
compliance with § 8–1809(g) of this subtitle; and 21
[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, 22
Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the 23
county is unable to utilize a portion of the growth allocated to the county in items (i) and 24
(ii) of this paragraph within or adjacent to existing intensely developed or limited 25
development areas as demonstrated in the local plan approved by the Commission, then 26
that portion of the allocated expansion which cannot be so located may be located in the 27
resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this 28
paragraph. A developer shall be required to cluster any development in an area of 29
expansion authorized under this paragraph. 30
(4) In reviewing map amendments or refinements involving the use of 31
growth allocation, the Commission shall consider the following factors: 32
(vi) Environmental impacts associated with wastewater and 33
stormwater management practices and wastewater and stormwater discharges to tidal 34
waters, tidal wetlands, and tributary streams; [and] 35 22 HOUSE BILL 233
(vii) Environmental impacts associated with location in a coastal 1
hazard area or an increased risk of severe flooding attributable to the proposed 2
development; AND 3
(VIII) ENVIRONMENTAL IMPACTS ON UNDERSERVED OR 4
OVERBURDENED COMMUNI TIES. 5
(e) (1) Except as authorized under paragraph (2) of this subsection, in 6
calculating the 1–in–20 acre density of development that is permitted on a parcel located 7
within the resource conservation area, a local jurisdiction: 8
(i) Shall count each dwelling unit; and 9
(ii) May permit the area of any private wetlands located on the 10
property to be included, under the following conditions: 11
1. [The density of development on the upland portion of the 12
parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF 13
DEVELOPME NT RIGHTS; and 14
2. The area of private wetlands shall be [estimated on the 15
basis of vegetative information as designated on the State wetlands maps] FIELD 16
DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER . 17
(2) (i) Within a resource conservation area, a local jurisdiction may 18
consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit 19
for the purpose of the density calculation under this subsection if the additional dwelling 20
unit: 21
1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITICAL 22
AREA DEVELOPMENT STA NDARDS; AND 23
2. A. I. Is located within the primary dwelling unit 24
or its entire perimeter is within 100 feet of the primary dwelling unit; 25
[B.] II. Does not exceed 900 square feet in total enclosed 26
area; and 27
[C.] III. Is served by the same sewage disposal system as the 28
primary dwelling unit; or 29
[2. A.] B. I. Is located within the primary dwelling 30
unit; 31
[B.] II. By its construction, does not increase the amount of 32 HOUSE BILL 233 23
lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900 1
SQUARE FEET ; and 2
[C.] III. Is served by the same sewage disposal system as the 3
primary dwelling unit. 4
(ii) The provisions of this paragraph may not be construed to require 5
a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling 6
unit for the purpose of the density calculation under this subsection. 7
(iii) An additional dwelling unit meeting all the criteria under 8
subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not 9
be subdivided or conveyed separately from the primary dwelling unit. 10
(3) [The provisions of this subsection: 11
(i) Apply to density calculations only; and 12
(ii) May not be construed to authorize a local jurisdiction to grant a 13
variance, unless the variance is granted in accordance with the requirements of § 8–1808(d) 14
of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET 15
SHALL COUNT TOWARDS THE DENSITY CALC ULATION. 16
8–1808.2. 17
(f) (1) As a condition of approval, a local jurisdiction shall require that: 18
(i) Any deed for a lot that is created by a bona fide intrafamily 19
transfer shall contain a covenant stating that the lot is created subject to the provisions of 20
this section; and 21
(ii) A lot created by a bona fide intrafamily transfer may not be 22
conveyed subsequently to any person other than a member of the owner’s immediate family, 23
except under procedures established pursuant to subsection (g) of this section OR 24
THROUGH THE PURCHASE OF A TRANSFERABLE DEVEL OPMENT RIGHT . 25
(2) This subsection does not prevent the conveyance of the lot to a third 26
party as security for a mortgage or deed of trust. 27
8–1808.3. 28
(b) Lot coverage in the buffer may not exceed the minimum amount necessary for 29
water–dependent [facilities] USES, regardless of the critical area classification or the size 30
of the parcel or lot, except: 31
(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped 32 24 HOUSE BILL 233
or established under an approved local program; 1
(2) For a variance granted in accordance with this subtitle; or 2
(3) As provided in a waterfront revitalization area or a waterfront 3
industrial area under a local program. 4
(f) A local jurisdiction may allow a property owner to exceed the lot coverage 5
limits provided in subsection (d)(2) and (3) of this section if the following conditions exist: 6
(1) Lot coverage associated with new development activities on the 7
property has been minimized; 8
(2) For a lot or parcel one–half acre or less in size, total lot coverage does 9
not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 10
square feet, whichever is greater; 11
(3) For a lot or parcel greater than one–half acre and less than one acre in 12
size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section 13
or 5,445 square feet, whichever is greater; 14
(4) Water quality impacts associated with runoff from new development 15
activities that contribute to lot coverage can be and have been minimized through site 16
design considerations or use of best management practices approved by the local 17
jurisdiction to improve water quality; [and] 18
(5) The property owner performs on–site mitigation as required by the local 19
jurisdiction to offset potential adverse water quality impacts from the new development 20
activities that contribute to lot coverage, or the property owner pays a fee to the local 21
jurisdiction in lieu of performing the on–site mitigation; AND 22
(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT 23
HAVE BEEN APPROVED BY THE COMMISSION AS PART OF A LOCAL PROGRAM , THE 24
LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED 25
BY UP TO 500 SQUARE FEET . 26
8–1808.10. 27
(b) (1) Except as provided under subsection (c) of this section, the minimum 28
buffer shall be: 29
(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and 30
(ii) 100 feet LANDWARD from a tributary stream. 31
8–1809. 32 HOUSE BILL 233 25
(g) Each local jurisdiction shall [review]: 1
(1) REVIEW its entire program and propose any necessary amendments to 2
its entire program, including local zoning maps, at least every [6 years. Each local 3
jurisdiction shall send] 10 YEARS; AND 4
(2) SEND in writing to the Commission, within 60 days after the 5
completion of its review, the following information: 6
[(1)] (I) A statement certifying that the required review has been 7
accomplished; 8
[(2)] (II) Any necessary requests for program amendments, program 9
refinements, or other matters that the local jurisdiction wishes the Commission to consider; 10
[(3)] (III) An updated resource inventory; and 11
[(4)] (IV) A statement quantifying acreages within each land 12
classification, the growth allocation used, and the growth allocation remaining. 13
(H) ON REQUEST OF A LOCAL JURISDICTION AND FOR GOOD CAUSE , THE 14
COMMISSION MAY EXTEND THE DEADLINE UNDER S UBSECTION (G) OF THIS 15
SECTION FOR THAT LOC AL JURISDICTION BY N OT MORE THAN TWO 6–MONTH 16
EXTENSIONS. 17
(I) A LOCAL JURISDICTION T HAT DOES NOT MEET TH E DEADLINE UNDER 18
SUBSECTION (G)(1) OF THIS SECTION OR A FTER THE EXP IRATION OF ANY 19
EXTENSION GRANTED UN DER SUBSECTION (H) OF THIS SECTION MAY NOT PROPOSE 20
AN AMENDMENT OR REFI NEMENT UNDER SUBSECT ION (J) OF THIS SECTION. 21
[(h)] (J) (1) As often as necessary but not more than 4 times per calendar 22
year, each local jurisdiction may propose program amendments and program refinements 23
to its adopted program. 24
(2) [(i) Except for program amendments or program refinements 25
developed during program review under subsection (g) of this section, a zoning map 26
amendment may be granted by a local approving authority only on proof of a mistake in 27
the existing zoning. 28
(ii) The requirement in paragraph (2)(i) of this subsection that a 29
zoning map amendment may be granted only on proof of a mistake does not apply to 30
proposed changes to a zoning map that: 31
1. Are wholly consistent with the land classifications in the 32 26 HOUSE BILL 233
adopted program; or 1
2. Propose the use of a part of the remaining growth 2
allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA 3
DESIGNATION MAY BE G RANTED BY A LOCAL AP PROVING AUTHORITY ON PROOF OF 4
MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION: 5
(I) CONFORMS TO THE STATE CRITICAL AREA M APPING 6
CRITERIA; 7
(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN 8
EXISTENCE AS OF DECEMBER 1, 1985; OR 9
2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO 10
REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E 11
TIME OF THE REMAPPIN G; AND 12
(III) FOLLOWS THE LOCAL JUR ISDICTION’S MAPP ING 13
METHODOLOGY FOR CRIT ICAL AREA CLASSIFICA TIONS AT THE TIME OF ORIGINAL 14
PROGRAM ADOPTION . 15
(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP 16
AMENDMENT : 17
(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN 18
THE ADOPTED PROGRAM ; 19
(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH 20
ALLOCATION IN ACCORD ANCE WITH THE ADOPTE D PROGRAM; OR 21
(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER 22
AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A 23
RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A 24
RESOURCE CONSERVATIO N AREA. 25
[(i)] (L) A program may not be amended except with the approval of the 26
Commission. 27
[(j)] (M) The Commission shall approve programs and program amendments 28
that meet: 29
(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this 30
subtitle; and 31
HOUSE BILL 233 27
(2) The criteria adopted by the Commission under § 8–1808 of this subtitle. 1
[(k) Copies of each approved program, as the program is amended or refined from 2
time to time, shall be maintained by the local jurisdiction and the Commission in a form 3
available for public inspection.] 4
[(l)] (N) (1) If the Commission determines that an adopted program contains 5
a clear mistake, omission, or conflict with the criteria or law, the Commission may: 6
(i) Notify the local jurisdiction of the specific deficiency; and 7
(ii) [Request] DIRECT that the jurisdiction submit a proposed 8
program amendment or program refinement to correct the deficiency. 9
(2) Within 90 days after being notified of any deficiency under paragraph 10
(1) of this subsection, the local jurisdiction shall submit to the Commission, as program 11
amendments or program refinements, any proposed changes that are necessary to correct 12
those deficiencies. 13
(3) Local project approvals granted under a part of a program that the 14
Commission has determined to be deficient shall be null and void after notice of the 15
deficiency. 16
[(m)] (O) (1) The Commission may adopt regulations that prescribe the 17
procedures and information requirements for program amendments and program 18
refinements. 19
(2) In the absence of regulations under paragraph (1) of this subsection, a 20
local jurisdiction may propose changes to adopted programs. Within 10 working days of 21
receiving a proposal under this paragraph, the Commission shall: 22
(i) [Mail a notification to] NOTIFY IN WRITING the local 23
jurisdiction that the proposal has been accepted for processing; or 24
(ii) Return the proposal as incomplete. 25
[(n)] (P) A local jurisdiction may specify whether it intends a proposed change 26
to be a program amendment or program refinement. However, the Commission shall treat 27
a proposed change as a program amendment unless the [chairman] CHAIR determines that 28
the proposed change is a program refinement. 29
[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel 30
shall hold a public hearing in the local jurisdiction, and the Commission shall act on the 31
proposed program amendment within 130 days of the Commission’s acceptance of the 32
proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES, 33
AN EXTENSION . 34 28 HOUSE BILL 233
(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE 1
CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130 2
days, the proposed program amendment is deemed approved. 3
(2) The Commission shall determine if the proposed amendment is 4
consistent with the purposes, policies, goals, and the provisions of this subtitle, and all 5
criteria of the Commission. 6
(3) In accordance with the Commission’s determination in paragraph (2) of 7
this subsection, the Commission shall: 8
(i) Approve the proposed program amendment and notify the local 9
jurisdiction; 10
(ii) Deny the proposed program amendment; 11
(iii) Approve the proposed program amendment subject to one or 12
more conditions; or 13
(iv) Return the proposed program amendment to the local 14
jurisdiction with a list of the changes to be made. 15
(4) If the Commission approves a proposed program amendment subject to 16
one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall 17
notify the Commission within 60 days of its intent to adopt the conditions. 18
(5) The local jurisdiction shall incorporate the approved program 19
amendment and any required conditions into the adopted program within 120 days of 20
receiving notice from the Commission that the program amendment has been approved. 21
[(p)] (R) (1) Proposed program refinements shall be determined as provided 22
in this subsection. 23
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 24
change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may 25
determine that the proposed change is a program refinement. [Immediately upon making 26
a determination under this paragraph, the chairman] 27
(II) THE CHAIR shall notify the Commission of that determination 28
AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION 29
REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION . 30
[(ii)] (III) If a proposed change that was specifically submitted as a 31
program refinement is not acted on by the [chairman] CHAIR within the 30–day period, 32
the Commission shall notify the appropriate local jurisdiction that the proposed change has 33 HOUSE BILL 233 29
been deemed to be a program amendment. 1
(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S 2
determination only at the first Commission meeting where a quorum is present following 3
the [chairman’s determination] CHAIR’S NOTIFICATION TO THE COMMISSION. 4
(ii) If the [chairman’s] CHAIR’S determination is overridden, the 5
proposed change is deemed a program amendment, which shall be decided by the 6
Commission in accordance with the procedures for program amendments provided in this 7
section, except that the Commission shall act on the program amendment within [60] 90 8
days after a vote to override the [chairman] CHAIR. 9
(iii) If the [chairman’s] CHAIR’S determination is not overridden, 10
within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision 11
under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall: 12
1. Determine if the program refinement is consistent with 13
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 14
Commission; and 15
2. A. Approve the proposed program refinement and 16
notify the local jurisdiction; 17
B. Deny the program refinement; 18
C. Approve the proposed program refinement subject to one 19
or more conditions; or 20
D. Return the proposed program refinement back to the local 21
jurisdiction with a list of the changes to be made. 22
(iv) If the [Commission] CHAIR approves a proposed program 23
refinement subject to one or more conditions under item (iii)3 of this paragraph, the local 24
jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions. 25
(4) A local jurisdiction shall incorporate an approved program refinement 26
and any required conditions into its adopted program within 120 days of receiving notice 27
from the [chairman] CHAIR that the program refinement has been approved. 28
[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all 29
proposed program amendments or program refinements required for a specific project 30
approval into a single request to the Commission for program amendment, program 31
refinement, or both. 32
(ii) The Commission shall ensure that any requests received in 33
accordance with this paragraph are consistent with the purposes, policies, goals, and 34 30 HOUSE BILL 233
provisions of this subtitle, and all criteria of the Commission. 1
(2) A project for which a local jurisdiction requests growth allocation may 2
be submitted as a proposed program amendment, program refinement, or both. 3
(3) Approval by the Commission of a program amendment, program 4
refinement, or both does not affect the Commission’s authority to receive notice of or 5
intervene in a project approval that was not specifically approved by the Commission as 6
part of its approval of a program amendment or program refinement. 7
[(r)] (T) Within 6 months after the adoption of amended criteria, a local 8
jurisdiction shall send to the Commission: 9
(1) Proposed program amendments or program refinements that address 10
the amended criteria; or 11
(2) A statement describing how the adopted program conforms to the 12
amended criteria and certifying that the adopted program is consistent with the amended 13
criteria. 14
[(s)] (U) If the Commission adopts a regulation concerning the use of the growth 15
allocation, any use of the growth allocation must be in accordance with that regulation for 16
the change to be considered a program refinement. 17
8–1810. 18
(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED 19
PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE: 20
(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPD ATE TO THE 21
LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR 22
(2) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM . 23
8–1811. 24
(b) (2) From the date designated by the Commission in approving or adopting 25
a program, an applicant for project approval or the local agency authorized to grant project 26
approval on an application in any of the identified classes shall send to the Commission in 27
accordance with the regulations and any other instructions of the Commission, a copy of 28
every pending or new application for approval that is in any of the identified classes. Before 29
the close of the fifth business day after receipt of a copy of an application from [the applicant 30
or] the local approving authority, the Commission shall send written notice of receipt to the 31
applicant and to the local approving authority. A failure of the Commission to send a timely 32
notice shall render paragraph (3) of this subsection inapplicable as to that application. 33
HOUSE BILL 233 31
8–1812. 1
(a) After the Commission has approved or adopted a program, the [chairman] 2
CHAIR of the Commission has standing and the right and authority to initiate or intervene 3
in any administrative, judicial, or other original proceeding or appeal in this State 4
concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal 5
Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority 6
without first obtaining approval from the Commission, but the [chairman] CHAIR shall 7
send prompt written notice of any intervention or initiation of action under this section to 8
each member of the Commission. The [chairman] CHAIR shall withdraw the intervention 9
or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at 10
least 13 members indicate disapproval of the action, either in writing addressed to the 11
[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the 12
local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request 13
a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action. 14
(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general 15
laws and rules of procedure that govern the time within and manner in which the authority 16
granted in subsection (a) of this section may be exercised. 17
(c) The [chairman] CHAIR may appeal an action or decision even if the 18
[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or 19
decision. 20
8–1813.1. 21
(d) A local jurisdiction may include in the jurisdiction’s local critical area 22
protection program, to be approved by the Commission, an alternative buffer provision for 23
the development of a planned unit development in accordance with the planned unit 24
development’s Step III approval, provided that: 25
(5) At least 75% of the dwelling units in the planned unit development 26
comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a 27
buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal 28
wetlands, or tributary streams. 29
8–1814. 30
(a) After 760 days have elapsed from the date upon which criteria adopted by the 31
Commission become effective, any State or local agency that proposes development which 32
has not been subject to project approval by the local jurisdiction under an approved 33
program, including buildings, treatment plants, roads, railroads, and airports, in the 34
Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall, 35
before the State or local agency begins the development, receive the approval of the 36
Commission in accordance with procedures or exceptions set forth in regulations adopted 37
by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this 38 32 HOUSE BILL 233
subtitle. These regulations shall be adopted on or before September 1, 1987, and only after 1
consultation with affected State and local agencies. 2
(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult 3
with the Commission in making consistency determinations under the Federal Coastal 4
Zone Management Program. 5
8–1815. 6
(a) (2) (i) A person who violates a provision of an order, permit, plan, local 7
program, this subtitle, or regulations adopted, approved, or issued under the authority of 8
this subtitle shall be: 9
1. Subject to prosecution or suit in circuit court or District 10
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 11
remedies afforded by State or local law; 12
(3) A local authority may request: 13
(ii) That the [chairman] CHAIR refer an enforcement action to the 14
Attorney General. 15
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 16
is failing to enforce the requirements of a program applicable to a particular development, 17
the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within 18
30 days after service of the notice, the local authorities have failed to initiate an action to 19
remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney 20
General. 21
(e) Notwithstanding any other provision of this section, whenever a development 22
in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area 23
is proceeding in violation of approved project plans and threatens to immediately and 24
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 25
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 26
the violation and, as appropriate, to compel restoration of any land or water areas affected 27
by the development. 28
8–1815.1. 29
(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake 30
Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local 31
critical area program or of regulations adopted by the Commission, the [chairman] CHAIR 32
may bring an action, or the local jurisdiction may bring an action or request that the 33
[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an 34
action: 35
HOUSE BILL 233 33
(1) To require the person to replant trees where the cutting or clearing 1
occurred in accordance with a plan prepared by the State Forester, a registered professional 2
forester, or a registered landscape architect; 3
(2) To restrain the planned violation; or 4
(3) For damages: 5
(i) To be assessed by a circuit court in an amount equal to the 6
estimated cost of replanting trees; and 7
(ii) To be paid to the Department by the person found to have 8
violated the provisions of this subsection. 9
(c) If the [chairman] CHAIR of the Commission has reason to believe that the 10
local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 11
[chairman] CHAIR shall refer the matter to the Attorney General as provided under § 12
8–1815(b) of this subtitle. 13
(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation 14
under subsection (c) of this section to the Attorney General, the Attorney General may 15
invoke the remedies available to the local jurisdiction under subsection (b) of this section 16
in any court of competent jurisdiction in which the local jurisdiction would be authorized to 17
prosecute or sue. 18
(e) On the request of a local jurisdiction or the [chairman] CHAIR of the 19
Commission, the State Forester, a registered professional forester, or a registered 20
landscape architect may prepare, oversee, and approve the final implementation of a plan 21
to: 22
(1) Replant trees in any part of the Chesapeake Bay Critical Area where 23
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 24
of this section; and 25
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 26
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 27
subsection (b) of this section. 28
[8–1817. 29
(a) By January 1, 1994, the Commission shall adopt criteria that assure the 30
protection of land and water resources in the Critical Area and that shall apply throughout 31
the Critical Area for: 32
(1) Production of oil or natural gas on lands or waters leased by the State; 33
and 34
34 HOUSE BILL 233
(2) Exploration or production of oil or natural gas on any lands in the 1
Critical Area. 2
(b) (1) In addition to other applicable provisions of law, an applicant for any 3
production or exploratory drilling that will occur on, in, under, or through the Critical Area, 4
including wells drilled outside the Critical Area by a method known as slant drilling that 5
will pass through the Critical Area, shall complete and submit with the application an 6
environmental impact study that addresses the potential for any adverse environmental 7
effects on the Critical Area as a result of the drilling. 8
(2) (i) The Department shall forward a copy of the permit application 9
and the environmental impact study referred to in paragraph (1) of this subsection to the 10
Commission for its review and comment. 11
(ii) The Department shall consider and comment in writing on the 12
objections and concerns of the Commission before issuing a permit under this subsection.] 13
SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide 14
base map project, as specified under Section 3 of Chapter 119 of the Acts of the General 15
Assembly of 2008, the process for updating the map shall proceed as follows: 16
(1) in accordance with the following requirements and conditions, the 17
Critical Area Commission, with the assistance of the Department of Natural Resources and 18
the Department of the Environment, shall prepare an update to the statewide base map at 19
appropriate intervals, but not less than every 8 years, that includes a State–determined 20
shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced 21
1,000–foot critical area boundary, as appropriate for integration into a Geographic 22
Information System, under the following standards: 23
(i) the best available imagery of comparable scale shall be used to 24
identify the shoreline and landward boundary of tidal wetlands as part of the map update; 25
(ii) the boundary shall be accurate to a scale of 1:1200; and 26
(iii) the mapped shoreline and landward boundary of tidal wetlands 27
may not be construed to represent an official wetland delineation or to change in any way 28
any statutory provision under Title 16 of the Environment Article, any regulatory provision 29
under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision 30
related to a project–specific wetland delineation that may be necessary and appropriate; 31
(2) a local jurisdiction shall formally adopt its updated critical area map 32
based on the statewide base map within 6 months of its receipt from the Department of 33
Natural Resources and the Commission and may request an extension of time for an 34
additional 6 months if evidence of reasonable progress has been made and is satisfactory 35
to the Commission; 36
(3) the Commission, with the assistance of each local jurisdiction, shall: 37 HOUSE BILL 233 35
(i) designate unclassified areas that were not within the original 1
critical area boundary in accordance with the mapping standards set forth under COMAR 2
27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and 3
(ii) identify areas where there appear to be inconsistencies between 4
the statewide base map and the local jurisdiction’s critical area map; 5
(4) a local jurisdiction shall apply the updated State–determined shoreline 6
and landward boundary of tidal wetlands and a digitally generated, georeferenced 7
1,000–foot critical area boundary once it is officially transferred from the Department of 8
Natural Resources and the Commission and shall apply the updates notwithstanding any 9
local approval process; and 10
(5) each local jurisdiction shall ensure that, where applicable, each project 11
submittal uses the updated digitally generated, georeferenced critical area boundary. 12
SECTION 3. AND BE IT FURTHER ENACTED, That: 13
(a) The Department of Natural Resources shall notify the Department of 14
Legislative Services in writing on the date of official completion of the statewide base map 15
project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of 16
2008. 17
(b) Section 2 of this Act shall take effect 7 days after the Department of Natural 18
Resources provides notice of the official completion of the statewide base map project under 19
subsection (a) of this section. 20
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 21
3 of this Act, this Act shall take effect October 1, 2024. 22