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.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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 2 HOUSE BILL 233
jurisdiction to correct a program deficiency; establishing a certain remedial process 1
if a local jurisdiction fails to update its critical area program; repealing certain 2
requirements on oil or natural gas production or exploration in the critical area; 3
establishing a process for the preparation, distribution, review, refinement, and 4
formal adoption of the periodic update of statewide base maps; and generally relating 5
to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. 6
BY repealing and reenacting, without amendments, 7
Article – Business Regulation 8
Section 19–106(a)(1) and (5) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Environment 13
Section 1–701(a)(1), (5), (7), and (8) 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Natural Resources 18
Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c), 19
8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and 20
(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii) 21
and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through 22
(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b), 23
8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2023 Supplement) 26
BY adding to 27
Article – Natural Resources 28
Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19., 29
8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e) 30
Annotated Code of Maryland 31
(2023 Replacement Volume and 2023 Supplement) 32
BY repealing 33
Article – Natural Resources 34
Section 8–1806(c), 8–1809(k), and 8–1817 35
Annotated Code of Maryland 36
(2023 Replacement Volume and 2023 Supplement) 37
Preamble 38
WHEREAS, Following extensive research and the issuance of a report by the U.S. 39
Environmental Protection Agency that clearly demonstrated the alarming extent of 40 HOUSE BILL 233 3
degradation of the Chesapeake Bay, in significant part because of prominent land use and 1
growth patterns, the Critical Area Commission was created in 1984 in order to preserve 2
and restore water quality in the State, to maintain valued wildlife habitat, and to 3
accommodate inevitable growth, and these same legislative concerns were addressed in 4
2002 when the protections of the Critical Area Program were expanded to include the 5
Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area 6
Program; and 7
WHEREAS, The critical area, which comprises approximately 11% of Maryland’s 8
land mass, includes the majority of the State’s most ecologically fragile and valuable 9
properties; and 10
WHEREAS, From its inception, partnership between State and local government 11
has been a cornerstone of the Critical Area Program; and 12
WHEREAS, To date local critical area programs are operative in Baltimore City, 16 13
counties, and 47 other municipalities, and critical area issues directly impact at least seven 14
State departments; and 15
WHEREAS, After nearly 40 years of operation, the Critical Area Program has 16
effectively influenced thousands of land use decisions, addressed and minimized the 17
adverse impacts of growth associated with hundreds of requests for growth allocation, and 18
represented a comprehensive effort between the State and local governments to enforce a 19
variety of water quality and habitat protection standards; and 20
WHEREAS, Despite these efforts, additional measures are necessary to enhance a 21
cooperative land use and natural resource management program that will restore the 22
quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal 23
tributaries, and associated land–based ecosystems; and 24
WHEREAS, As a member of the Maryland Commission on Climate Cha nge, the 25
Critical Area Commission is charged with recommending short and long–term strategies 26
and initiatives to better mitigate, prepare for, and adapt to the consequences of climate 27
change; and 28
WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s 29
water quality resources and the loss of valuable shoreline areas due to erosion, sea level 30
rise, and climate change, the Critical Area Commission has a significant role in ensuring 31
the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent 32
resource lands and wildlife habitats to the rapidly evolving climate realities; and 33
WHEREAS, To address the increasing effects on water quality from more frequent 34
and higher–intensity storms, to adjust conservation programs and techniques to the 35
shifting realities of species and habitats, and to accommodate appropriate levels and 36
locations for growth within the critical area, improvements to the Critical Area Program 37
are in order at this time; and 38
4 HOUSE BILL 233
WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area 1
Commission ensure the equitable distribution of the environmental benefits and burdens 2
of development, restoration, and mitigation within the critical area and, in doing so, the 3
Commission must also ensure equitable representation and participation in its processes; 4
now, therefore, 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Business Regulation 8
19–106. 9
(a) (1) In this section the following words have the meanings indicated. 10
(5) “Underrepresented community” means a community whose members 11
self–identify: 12
(i) as Black, African American, Hispanic, Latino, Asian, Pacific 13
Islander, Native American, Native Hawaiian, or Alaska Native; or 14
(ii) with one or more of the racial or ethnic groups listed in item (i) 15
of this paragraph. 16
Article – Environment 17
1–701. 18
(a) (1) In this section the following words have the meanings indicated. 19
(5) “Environmental justice” means equal protection from environmental 20
and public health hazards for all people regardless of race, income, culture, and social 21
status. 22
(7) “Overburdened community” means any census tract for which three or 23
more of the following environmental health indicators are above the 75th percentile 24
statewide: 25
(i) Particulate matter (PM) 2.5; 26
(ii) Ozone; 27
(iii) National Air Toxics Assessment (NATA) diesel PM; 28
(iv) NATA cancer risk; 29
(v) NATA respiratory hazard index; 30 HOUSE BILL 233 5
(vi) Traffic proximity; 1
(vii) Lead paint indicator; 2
(viii) National Priorities List Superfund site proximity; 3
(ix) Risk Management Plan facility proximity; 4
(x) Hazardous waste proximity; 5
(xi) Wastewater discharge indicator; 6
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 7
(xiii) Percent of the population lacking broadband coverage; 8
(xiv) Asthma emergency room discharges; 9
(xv) Myocardial infarction discharges; 10
(xvi) Low–birth–weight infants; 11
(xvii) Proximity to emitting power plants; 12
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 13
(xix) Proximity to a brownfields site; 14
(xx) Proximity to mining operations; and 15
(xxi) Proximity to a hazardous waste landfill. 16
(8) “Underserved community” means any census tract in which, according 17
to the most recent U.S. Census Bureau Survey: 18
(i) At least 25% of the residents qualify as low–income; 19
(ii) At least 50% of the residents identify as nonwhite; or 20
(iii) At least 15% of the residents have limited English proficiency. 21
Article – Natural Resources 22
8–1801. 23
(a) The General Assembly finds and declares that: 24 6 HOUSE BILL 233
(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries 1
are natural resources of great significance to the State and the nation, and their beauty, 2
their ecological value, and their economic impact all reach far beyond any one local 3
jurisdiction; 4
(2) The shoreline and adjacent lands, particularly the buffer areas, 5
constitute a valuable, fragile, and sensitive part of this estuarine system, where human 6
activity can have a particularly immediate and adverse impact on water quality and 7
natural habitats; 8
(3) The capacity of these shoreline and adjacent lands to withstand 9
continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to 10
water quality and natural habitats is limited; 11
(4) Human activity is harmful in these shoreline areas, where the new 12
development of nonwater–dependent structures AND USES or an increase in lot coverage 13
is presumed to be contrary to the purpose of this subtitle, because these activities may 14
cause OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the 15
Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to 16
maintain a buffer of at least 100 feet landward from the mean high water line of tidal 17
waters, tributary streams, and tidal wetlands; 18
(5) National studies have documented that the quality and productivity of 19
the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative 20
effects of human activity that have caused increased levels of pollutants, nutrients, and 21
toxics in the Bay system and declines in more protective land uses such as forestland and 22
agricultural land in the Bay region; 23
(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and 24
their tributaries within Maryland are particularly stressed by the continuing population 25
growth and development activity concentrated in the Baltimore–Washington metropolitan 26
corridor and along the Atlantic Coast; 27
(7) The quality of life for the citizens of Maryland is enhanced through the 28
restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic 29
Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS 30
ARE DISTRIBUTED EQUI TABLY; 31
(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and 32
their tributaries is dependent, in part, on minimizing further adverse impacts to the water 33
quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE 34
RESILIENCY OF NATURA L RESOURCES IN THE CRITICAL AREA, particularly in the 35
buffer; 36
HOUSE BILL 233 7
(9) The cumulative impact of current development and of each new 1
development activity in the buffer is inimical to these purposes, and it is therefore 2
imperative that State law protect irreplaceable State buffer resources from unpermitted 3
activity; [and] 4
(10) There is a critical and substantial State interest for the benefit of 5
current and future generations in fostering more sensitive development and more effective 6
enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake 7
and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water 8
quality and natural habitats; 9
(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 10
DEVELOPING POLICIES AND STRATEGIES TO BE TTER MITIGATE, PREPARE FOR , AND 11
ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S 12
SHORELINES, INCLUDING SEA LEVEL RISE , STORM SURGE , 13
PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND 14
TO ENHANCE THE RESIL IENCE OF THE STATE’S SHORELINES BY IDEN TIFYING, 15
RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED 16
FEATURES; 17
(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 18
ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AND BURD ENS OF 19
DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE 20
STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND 21
PARTICIPATION IN THESE PR OCESSES; AND 22
(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE 23
DEVELOPMENT IS COMPA TIBLE WITH PROJECTED CLIMATE IMPACTS AND COASTAL 24
HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY . 25
(b) It is the purpose of the General Assembly in enacting this subtitle: 26
(1) To establish a Resource Protection Program for the Chesapeake and the 27
Atlantic Coastal Bays and their tributaries by fostering more sensitive development 28
activity for certain shoreline areas so as to minimize damage to water quality and natural 29
habitats; and 30
(2) To implement the Resource Protection Program on a cooperative basis 31
between the State and affected local governments, with local governments establishing and 32
implementing their programs in a [consistent and] CONSISTENT, uniform, AND 33
EQUITABLE manner subject to State and local leadership, criteria, and oversight. 34
8–1802. 35
(a) (1) In this subtitle the following words have the meanings indicated. 36 8 HOUSE BILL 233
(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight, 1
Sinepuxent, Newport, and Chincoteague Bays. 2
(3) “Atlantic Coastal Bays Critical Area” means the initial planning area 3
identified under § 8–1807 of this subtitle. 4
(4) “Buffer” means an existing, naturally vegetated area, or an area 5
established in vegetation and managed to protect aquatic, wetlands, shoreline, and 6
terrestrial environments from manmade disturbances. 7
(5) “Chesapeake Bay Critical Area” means the initial planning area 8
identified under § 8–1807 of this subtitle. 9
(6) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A NATURAL 10
SYSTEM TO MAINTAIN F UNCTION IN THE FACE OF STRESSES IMPOSED BY CLIMATE 11
CHANGE AND TO ADAPT THE NATURAL SYSTEM T O BE BETTER PREPARED FOR 12
FUTURE CLIMATE IMPAC TS. 13
(7) “Commission” means the Critical Area Commission for the Chesapeake 14
and Atlantic Coastal Bays established in this subtitle. 15
[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the 16
Atlantic Coastal Bays Critical Area. 17
[(8)] (9) “Developer” means: 18
(i) A person who undertakes development as defined in this section; 19
or 20
(ii) A person who undertakes development activities as defined in 21
the criteria of the Commission. 22
[(9)] (10) “Development” means any activity that materially affects the 23
condition or use of dry land, land under water, or any structure. 24
[(10)] (11) (i) “Dwelling unit” means a single unit providing complete, 25
independent living facilities for at least one person, including permanent provisions for 26
sanitation, cooking, eating, sleeping, and other activities routinely associated with daily 27
life. 28
(ii) “Dwelling unit” includes a living quarters for a domestic or other 29
employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker 30
residence. 31
HOUSE BILL 233 9
(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1
1–701 OF THE ENVIRONMENT ARTICLE. 2
(13) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY, AND 3
FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION OF 4
RESOURCES BY INSTITU TIONS OR SYSTEMS . 5
[(11)] (14) “Growth allocation” means the number of acres of land in the 6
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local 7
jurisdiction may use to create new intensely developed areas and new limited development 8
areas. 9
[(12)] (15) “Includes” means includes or including by way of illustration and 10
not by way of limitation. 11
[(13)] (16) (i) “Intensely developed area” means an area of at least 20 12
acres or the entire upland portion of the critical area within a municipal corporation, 13
whichever is less, where: 14
1. Residential, commercial, institutional, or industrial 15
developed land uses predominate; and 16
2. A relatively small amount of natural habitat occurs. 17
(ii) “Intensely developed area” includes: 18
1. An area with a housing density of at least four dwelling 19
units per acre; 20
2. An area with public water and sewer systems with a 21
housing density of more than three dwelling units per acre; or 22
3. A commercial marina redesignated by a local jurisdiction 23
from a resource conservation area or limited development area to an intensely developed 24
area through a mapping correction that occurred before January 1, 2006. 25
[(14)] (17) “Land classification” means the designation of land in the 26
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with 27
the criteria adopted by the Commission as an intensely developed area or district, a limited 28
development area or district, or a resource conservation area or district. 29
[(15)] (18) (i) “Limited development area” means an area: 30
1. That is developed in low or moderate intensity uses and 31
contains areas of natural plant and animal habitat; and 32
10 HOUSE BILL 233
2. Where the quality of runoff has not been substantially 1
altered or impaired. 2
(ii) “Limited development area” includes an area: 3
1. With a housing density ranging from one dwelling unit per 4
five acres up to four dwelling units per acre; 5
2. With a public water or sewer system; 6
3. That is not dominated by agricultural land, wetland, 7
forests, barren land, surface water, or open space; or 8
4. That is less than 20 acres and otherwise qualifies as an 9
intensely developed area under paragraph [(13)] (16) of this subsection. 10
[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation 11
with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area 12
or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located. 13
[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel 14
that is: 15
1. Occupied by a structure, accessory structure, parking 16
area, driveway, walkway, or roadway; or 17
2. Covered with gravel, stone, shell, [impermeable] decking, 18
a paver, permeable pavement, or any manmade material. 19
(ii) “Lot coverage” includes the ground area covered or occupied by a 20
stairway or impermeable deck. 21
(iii) “Lot coverage” does not include: 22
1. A fence or wall that is less than 1 foot in width that has 23
not been constructed with a footer; 24
2. A walkway in the buffer or expanded buffer, including a 25
stairway, that provides direct access to a community or private pier; 26
3. A wood mulch pathway; or 27
4. A PERMEABLE deck [with gaps to allow water to pass 28
freely]. 29
HOUSE BILL 233 11
(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PRO CESSES 1
PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES , GEOLOGY, SLOPES, 2
VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE 3
AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE. 4
(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE 5
NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL 6
FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND 7
CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK 8
REDUCTION. 9
(II) “NATURE–BASED FEATURES ” INCLUDES LIVING 10
SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS . 11
(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 12
1–701 OF THE ENVIRONMENT ARTICLE. 13
[(18)] (24) (i) “Program” means the critical area protection program of a 14
local jurisdiction. 15
(ii) “Program” includes any amendments to the program. 16
[(19)] (25) (i) “Program amendment” means any change or proposed 17
change to an adopted program that is not determined by the Commission [chairman] 18
CHAIR to be a program refinement. 19
(ii) “Program amendment” includes a change to a zoning map that is 20
not consistent with the method for using the growth allocation contained in an adopted 21
program. 22
[(20)] (26) (i) “Program refinement” means any change or proposed 23
change to an adopted program that the Commission [chairman] CHAIR determines will 24
result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal 25
Bays Critical Area in a manner consistent with the adopted program, or that will not 26
significantly affect the use of land or water in the critical area. 27
(ii) “Program refinement” may include: 28
1. A change to an adopted program that results from State 29
law; 30
2. A change to an adopted program that affects local 31
processes and procedures; 32
12 HOUSE BILL 233
3. A change to a local ordinance or code that clarifies an 1
existing provision; and 2
4. A minor change to an element of an adopted program that 3
is clearly consistent with the provisions of this subtitle and all of the criteria of the 4
Commission. 5
[(21)] (27) (i) “Project approval” means the approval of development, 6
other than development by a State or local government agency, in the Chesapeake Bay 7
Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval 8
authority. 9
(ii) “Project approval” includes: 10
1. Approval of PRELIMINARY AND FINA L subdivision plats 11
and site plans; 12
2. Inclusion of areas within floating zones; 13
3. Issuance of variances, special exceptions, and conditional 14
use permits; and 15
4. Approval of rezoning. 16
(iii) “Project approval” does not include building permits. 17
(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING 18
CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO 19
EMERGENCIES . 20
[(22)] (29) (i) “Resource conservation area” means an area that is 21
characterized by: 22
1. Nature dominated environments, such as wetlands, 23
surface water, forests, and open space; and 24
2. Resource–based activities, such as agriculture, forestry, 25
fisheries, or aquaculture. 26
(ii) “Resource conservation area” includes an area with a housing 27
density of less than one dwelling per five acres. 28
[(23)] (30) “Tributary stream” means a perennial stream or an intermittent 29
stream within the critical area that has been identified by site inspection or in accordance 30
with local program procedures approved by the Commission. 31
HOUSE BILL 233 13
(31) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING STAT ED 1
IN § 19–106 OF THE BUSINESS REGULATION ARTICLE. 2
(32) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 3
1–701 OF THE ENVIRONMENT ARTICLE. 4
8–1804. 5
(a) (1) The Commission consists of 29 voting members who REFLECT THE 6
DIVERSITY OF THE STATE AND are appointed by the Governor, as follows: 7
(i) A full–time [chairman] CHAIR, appointed with the advice and 8
consent of the Senate, who shall serve at the pleasure of the Governor; 9
(ii) 13 individuals, appointed with the advice and consent of the 10
Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. 11
At least 1 of these 13 individuals must be an elected or appointed official of a municipality. 12
These individuals shall serve on the Commission only while they hold local office. Each 13
shall be selected from certain counties or from municipalities within the counties as follows, 14
and only after the Governor has consulted with elected county and municipal officials: 15
1. 1 from each of Baltimore City and Anne Arundel, 16
Baltimore, and Prince George’s counties; 17
2. 1 from Harford County or Cecil County; 18
3. 1 from Kent County or Queen Anne’s County; 19
4. 1 from Caroline County; 20
5. 1 from Talbot County or Dorchester County; 21
6. 1 from Wicomico County or Somerset County; 22
7. 2 from Calvert County, Charles County, or St. Mary’s 23
County, both of whom may not be from the same county; and 24
8. 2 from Worcester County, 1 of whom shall be a resident of 25
the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic 26
Coastal Bays Watershed; 27
(iii) 8 individuals, appointed with the advice and consent of the 28
Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED 29
COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are 30
listed and from which an appointment has not been made under item (ii) of this paragraph 31 14 HOUSE BILL 233
and 3 of the 8 members appointed under this item shall be at large members, 1 of whom 1
shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and 2
(iv) The Secretaries of Agriculture, Commerce, Housing and 3
Community Development, the Environment, Transportation, Natural Resources, and 4
Planning, ex officio, or the designee of the Secretaries. 5
(c) Except for the [chairman] CHAIR and ex officio State officers or their 6
representatives: 7
(1) The term of a member is 4 years; 8
(2) The terms of members are staggered as required by the terms provided 9
for members of the Commission on July 1, 1984; 10
(3) At the end of a term, a member continues to serve until a successor is 11
appointed and qualifies; 12
(4) A member who is appointed after a term is begun serves for the rest of 13
the term and until a successor is appointed and qualifies; 14
(5) A member may serve no more than 2 terms; and 15
(6) Any member of the Commission appointed by the Governor who shall 16
fail to attend at least 60% of the meetings of the Commission during any period of 12 17
consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall 18
forward the member’s name to the Governor, not later than January 15 of the year following 19
the nonattendance with the statement of the nonattendance, and the Governor shall 20
appoint a successor for the remainder of the term. If the member has been unable to attend 21
meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor 22
may waive the resignation if the reasons are made public. 23
8–1805. 24
(b) (1) The [chairman] CHAIR with the approval of the Commission shall 25
appoint an Executive Director for the Commission. 26
(2) The Executive Director serves at the pleasure of the [chairman] CHAIR 27
and is entitled to the salary provided in the State budget. 28
(c) The Attorney General shall designate an assistant Attorney General to advise 29
and represent the [chairman] CHAIR and the Commission. 30
8–1806. 31
(a) The Commission has all powers necessary for carrying out the purposes of this 32
subtitle, including the following: 33 HOUSE BILL 233 15
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 1
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 2
Procedure Act) of the State Government Article, to adopt and amend regulations as 3
authorized under this subtitle for the administration and enforcement of the State and local 4
programs; 5
(2) To conduct hearings in connection with policies, proposed programs, 6
and proposed regulations or amendments to regulations; AND 7
(3) To contract for consultant or other services[; and 8
(4) To establish an advisory committee, composed of members of the 9
Commission and local citizens and local stakeholder groups, to make recommendations to 10
the Commission with respect to Atlantic Coastal Bays Critical Area programs]. 11
(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 12
(1) Establish comprehensive standards and procedures for: 13
(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ; 14
(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION 15
activities on the buffer; 16
(x) Development in the critical area, with respect to: 17
1. Clearing, grading, and construction activity; 18
2. Clustering to promote conservation of natural site 19
features; 20
3. THE TRANSFER OF DEVEL OPMENT RIGHTS ; 21
4. Flexibility for redevelopment; 22
[4.] 5. Stormwater management; 23
[5.] 6. Application of the 10% pollutant reduction rule; 24
[6.] 7. Forest and developed woodlands protections; 25
[7.] 8. Clearing of natural vegetation; 26
[8.] 9. Lot coverage standards; 27
16 HOUSE BILL 233
[9.] 10. Commission review of local provisions for lot 1
consolidation; and 2
[10.] 11. The exclusion of State tidal wetlands from 3
calculations of density, forest and developed woodlands protections, limitations on clearing 4
natural vegetation, and lot coverage standards; 5
(xiv) Directives for local program development and implementation, 6
with respect to: 7
4. Reporting requirements, INCLUDING ACCOUNTING OF 8
FEE IN LIEU FUNDS ; 9
(xv) In consultation with the Department of the Environment, 10
surface mining in the critical area; [and] 11
(xvi) The application for and processing of a variance, with respect to: 12
6. Notice of a variance decision; [and] 13
(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO 14
CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION , 15
STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME 16
WEATHER EVENTS ; 17
(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AR EA 18
BY PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED 19
FEATURES; AND 20
(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES THAT: 21
1. ADDRESS DISPARATE IMP ACTS OF DEVELOPMENT ; 22
AND 23
2. ENSURE THE BENEFITS O F DEVELOPMENT , 24
RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND 25
[(c) The members of the Commission who reside in the Atlantic Coastal Bays 26
Watershed shall serve on any committee established under subsection (a)(4) of this section.] 27
8–1808. 28
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 29
primary responsibility for developing and implementing a program, subject to review and 30
approval by the Commission. 31 HOUSE BILL 233 17
(2) [(i) The Governor shall include in the budget a sum of money to be 1
used for grants to reimburse local jurisdictions for the reasonable costs of developing a 2
program under this section. 3
(ii) Each local jurisdiction shall submit to the Governor a detailed 4
request for funds that are equivalent to the additional costs incurred in developing the 5
program under this section. 6
(iii) The Governor shall include in the fiscal year 2003 budget a sum 7
of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays 8
Critical Area for the reasonable costs of developing a program under this section. 9
(3)] The Governor shall include in the budget annually a sum of money to 10
be used for grants to assist local jurisdictions with the reasonable costs of implementing 11
AND UPDATING a program under this section. Each local jurisdiction shall submit to the 12
Governor by May 1 of each year a detailed request for funds to assist in the implementation 13
AND UPDATING of a program under this section. 14
(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUDE 15
IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST 16
LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AND EQ UITABLE 17
PLANNING INTO AN UPD ATED LOCAL PROGRAM . 18
(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL 19
SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS 20
PARAGRAPH . 21
(III) ON THE REQUEST OF A L OCAL JURISDICTION , THE CHAIR 22
MAY EXTEND THE DEADL INE UNDER SUBPARAGRA PH (II) OF THIS PARAGRAPH . 23
(b) A program shall consist of those elements which are necessary or appropriate 24
TO: 25
(1) [To minimize] MINIMIZE adverse impacts on water quality that result 26
from pollutants that are discharged from structures or conveyances or that have run off 27
from surrounding lands; 28
(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and] 29
(3) [To establish] ESTABLISH land use policies for development in the 30
Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which 31
accommodate growth and also address the fact that, even if pollution is controlled, the 32
number, movement, and activities of persons in that area can create adverse environmental 33
impacts; 34 18 HOUSE BILL 233
(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE 1
AND INCORPORATE MEAS URES TO IMPROVE THE RESILIENCY OF THE CHESAPEAKE 2
AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND 3
(5) ENSURE AN EQUITABLE D ISTRIBUTION OF THE B URDENS AND 4
BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND 5
ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA . 6
(c) (1) (iii) At a minimum, a program shall contain all of the following 7
elements, including: 8
3. As necessary, new or amended provisions of the 9
jurisdiction’s: 10
A. Subdivision regulations; 11
B. Comprehensive or master plan; 12
C. [Zoning ordinances] ORDINANCES or regulations THAT 13
AFFECT DEVELOPMENT I N THE CRITICAL AREA ; 14
D. Provisions relating to enforcement; and 15
E. Provisions as appropriate relating to [grandfathering of] 16
development [at the time] RIGHTS THAT PREDAT E the program [is] AS adopted or 17
approved by the Commission, including provisions for bringing lands into conformance with 18
the Program as required under item 12 of this subparagraph; 19
6. Establishment of buffer areas along shorelines within 20
which agriculture will be permitted only if AN AGRICULTURAL best management 21
[practices are] PRACTICE IS used, provided that structures or any other use of land which 22
is necessary for adjacent agriculture shall also be permitted in any buffer area; 23
8. [Designation] ASSESSMENT AND MAPPIN G of shoreline 24
areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, 25
public access or assembly, and water–related recreation such as boat slips, piers, and 26
beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITIES ; 27
13. Except as provided in subsection (d) of this section, 28
provisions for granting a variance to the local jurisdiction’s critical area program, in 29
accordance with regulations adopted by the Commission concerning variances set forth in 30
[COMAR 27.01.11] COMAR 27.01.12; 31
14. Penalty provisions establishing that, in addition to any 32
other penalty applicable under State or local law, each person who violates a provision of 33 HOUSE BILL 233 19
this subtitle or of a program, including a contractor, property owner, or any other person 1
who committed, assisted, authorized, or participated in the violation is subject to a fine not 2
exceeding $10,000; [and] 3
15. Administrative enforcement procedures in accordance 4
with due process principles, including notice and an opportunity to be heard, and 5
establishing that: 6
A. Each violation of this subtitle or of a regulation, rule, 7
order, program, or other requirement adopted under the authority of this subtitle 8
constitutes a separate offense; 9
B. Each calendar day that a violation continues constitutes a 10
separate offense; 11
C. For each offense, a person shall be subject to separate 12
fines, orders, sanctions, and other penalties; 13
D. Civil penalties for continuing violations shall accrue 14
without a requirement for an additional assessment, notice, or opportunity for hearing for 15
each separate offense; 16
E. On consideration of all the factors included under this 17
subsection and any other factors in the local jurisdiction’s approved program, the local 18
jurisdiction shall impose the amount of the penalty; 19
F. Satisfaction of all conditions specified under paragraph (4) 20
of this subsection shall be a condition precedent to the issuance of any permit, approval, 21
variance, or special exception for the affected property; and 22
G. Unless an extension of time is appropriate because of 23
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 24
or special exception for the affected property, any additional mitigation required as a 25
condition of approval for the permit, approval, variance, or special exception shall be 26
completed; 27
16. PROVISIONS FOR: 28
A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE 29
CHANGE; 30
B. MITIGATION AND ADAPTA TION MEASURES THAT 31
ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING , 32
OTHER EXTREME WEATHE R EVENTS, MIGRATING WETLANDS , AND COASTAL 33
FORESTS; AND 34
20 HOUSE BILL 233
C. ENHANCING THE RESILIE NCY OF THE CRITICAL AREA 1
BY IDENTIFYING , RESTORING, AND CREATING AND CON SERVING EXISTING AND 2
PROJECTED FUTURE NAT URAL AND NATURE –BASED FEATURES ; 3
17. PROVISIONS FOR: 4
A. IDENTIFYING UNDERSERV ED AND OVERBURDENED 5
COMMUNITIES WITHIN T HE CRITICAL AREA ; 6
B. MEASURES TO ENSURE TH E EQUITABLE 7
DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION , 8
AND MITIGATION WITHI N THE CRITICAL AREA ; AND 9
C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON 10
PROCESS; 11
18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE 12
WATER, SHORELINE, AND OTHER NATURAL AREAS FOR UN DERSERVED OR 13
OVERBURDENED COMMUNI TIES; AND 14
19. METHODS TO ENSURE EFF ECTIVE ALLOCATION , 15
ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS. 16
(4) A local jurisdiction may not issue a permit, approval, variance, or 17
special exception THAT IS SUBJECT TO T HE VIOLATION, unless the person seeking the 18
permit, approval, variance, or special exception has: 19
(i) Fully paid all administrative, civil, and criminal penalties 20
imposed under paragraph (1)(iii)15 of this subsection; 21
(ii) Prepared a restoration or mitigation plan, approved by the local 22
jurisdiction, to abate impacts to water quality or natural resources as a result of the 23
violation; and 24
(iii) Performed the abatement measures in the approved plan in 25
accordance with the local critical area program. 26
8–1808.1. 27
(c) (2) When locating new intensely developed or limited development areas, 28
local jurisdictions shall use the following standards: 29
(i) Locate a new intensely developed area in a limited development 30
area or adjacent to an existing intensely developed area; 31
HOUSE BILL 233 21
(ii) Locate a new limited development area adjacent to an existing 1
limited development area or an intensely developed area; 2
(iii) Locate a new limited development area or an intensely developed 3
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 4
27.01.09, and in an area and manner that optimizes benefits to water quality; 5
(iv) Locate a new intensely developed area or a limited development 6
area in a resource conservation area at least 300 feet beyond the landward edge of tidal 7
wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 8
approves, alternative measures for enhancement of water quality and habitat that provide 9
greater benefits to the resources; 10
(v) Locate new intensely developed areas and limited development 11
areas in a manner that minimizes their impacts to the defined land uses of the resource 12
conservation area; 13
(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED 14
DEVELOPMENT AREAS OUTSIDE OF ARE AS VULNERABLE TO CLI MATE CHANGE 15
UNLESS THE LOCAL JUR ISDICTION PROPOSES A ND THE COMMISSION APPROVES : 16
1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS 17
VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF 18
THIS SUBTITLE; AND 19
2. MEASURES THAT : 20
A. ASSESS CLIMATE RESILI ENCY AND VULNERABILI TY; 21
AND 22
B. INCORPORATE SITING , DESIGN, CONSTRUCTION , AND 23
OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE RESILIENCY A ND REDUCE 24
VULNERABILITY ; 25
(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more 26
than one–half of the expansion allocated in the criteria of the Commission may be located 27
in resource conservation areas; 28
[(vii)] (VIII) New intensely developed or limited development areas 29
involving the use of growth allocation shall conform to all criteria of the Commission and 30
shall be designated on the comprehensive zoning map submitted by the local jurisdiction 31
as part of its application to the Commission for program approval or at a later date in 32
compliance with § 8–1809(g) of this subtitle; and 33
[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, 34
Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the 35 22 HOUSE BILL 233
county is unable to utilize a portion of the growth allocated to the county in items (i) and 1
(ii) of this paragraph within or adjacent to existing intensely developed or limited 2
development areas as demonstrated in the local plan approved by the Commission, then 3
that portion of the allocated expansion which cannot be so located may be located in the 4
resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this 5
paragraph. A developer shall be required to cluster any development in an area of 6
expansion authorized under this paragraph. 7
(4) In reviewing map amendments or refinements involving the use of 8
growth allocation, the Commission shall consider the following factors: 9
(vi) Environmental impacts associated with wastewater and 10
stormwater management practices and wastewater and stormwater discharges to tidal 11
waters, tidal wetlands, and tributary streams; [and] 12
(vii) Environmental impacts associated with location in a coastal 13
hazard area or an increased risk of severe flooding attributable to the proposed 14
development; AND 15
(VIII) ENVIRONMENTAL IMPACTS ON UNDERSERVED OR 16
OVERBURDENED COMMUNI TIES. 17
(e) (1) Except as authorized under paragraph (2) of this subsection, in 18
calculating the 1–in–20 acre density of development that is permitted on a parcel located 19
within the resource conservation area, a local jurisdiction: 20
(i) Shall count each dwelling unit; and 21
(ii) May permit the area of any private wetlands located on the 22
property to be included, under the following conditions: 23
1. [The density of development on the upland portion of the 24
parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF 25
DEVELOPMENT RIGHTS ; and 26
2. The area of private wetlands shall be [estimated on the 27
basis of vegetative information as designated on the State wetlands maps] FIELD 28
DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER . 29
(2) (i) Within a resource conservation area, a local jurisdiction may 30
consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit 31
for the purpose of the density calculation under this subsection if the additional dwelling 32
unit: 33
1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITIC AL 34
AREA DEVELOPMENT STA NDARDS; AND 35 HOUSE BILL 233 23
2. A. I. Is located within the primary dwelling unit 1
or its entire perimeter is within 100 feet of the primary dwelling unit; AND 2
[B.] II. Does not exceed 900 square feet in total enclosed 3
area; and OR 4
[C.] III. Is served by the same sewage disposal system as the 5
primary dwelling unit; or 6
[2. A.] B. I. Is located within the primary dwelling 7
unit; OR 8
[B.] II. By its construction, does not increase the amount of 9
lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900 10
SQUARE FEET ; and 11
[C.] III. Is served by the same sewage disposal system as the 12
primary dwelling unit. 13
(ii) The provisions of this paragraph may not be construed to require 14
a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling 15
unit for the purpose of the density calculation under this subsection. 16
(iii) An additional dwelling unit meeting all the criteria under 17
subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not 18
be subdivided or conveyed separately from the primary dwelling unit. 19
(3) [The provisions of this subsection: 20
(i) Apply to density calculations only; and 21
(ii) May not be construed to authorize a local jurisdiction to grant a 22
variance, unless the variance is granted in accordance with the requirements of § 8–1808(d) 23
of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET 24
SHALL COUNT TOWARDS THE DENSITY CALCULAT ION. 25
8–1808.2. 26
(f) (1) As a condition of approval, a local jurisdiction shall require that: 27
(i) Any deed for a lot that is created by a bona fide intrafamily 28
transfer shall contain a covenant stating that the lot is created subject to the provisions of 29
this section; and 30
24 HOUSE BILL 233
(ii) A lot created by a bona fide intrafamily transfer may not be 1
conveyed subsequently to any person other than a member of the owner’s immediate family, 2
except under procedures established pursuant to subsection (g) of this section OR 3
THROUGH THE PURCHASE OF A TRANSFERABLE DE VELOPMENT RIGHT . 4
(2) This subsection does not prevent the conveyance of the lot to a third 5
party as security for a mortgage or deed of trust. 6
8–1808.3. 7
(b) Lot coverage in the buffer may not exceed the minimum amount necessary for 8
water–dependent [facilities] USES, regardless of the critical area classification or the size 9
of the parcel or lot, except: 10
(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped 11
or established under an approved local program; 12
(2) For a variance granted in accordance with this subtitle; or 13
(3) As provided in a waterfront revitalization area or a waterfront 14
industrial area under a local program. 15
(f) A local jurisdiction may allow a property owner to exceed the lot coverage 16
limits provided in subsection (d)(2) and (3) of this section if the following conditions exist: 17
(1) Lot coverage associated with new development activities on the 18
property has been minimized; 19
(2) For a lot or parcel one–half acre or less in size, total lot coverage does 20
not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 21
square feet, whichever is greater; 22
(3) For a lot or parcel greater than one–half acre and less than one acre in 23
size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section 24
or 5,445 square feet, whichever is greater; 25
(4) Water quality impacts associated with runoff from new development 26
activities that contribute to lot coverage can be and have been minimized through site 27
design considerations or use of best management practices approved by the local 28
jurisdiction to improve water quality; [and] 29
(5) The property owner performs on–site mitigation as required by the local 30
jurisdiction to offset potential adverse water quality impacts from the new development 31
activities that contribute to lot coverage, or the property owner pays a fee to the local 32
jurisdiction in lieu of performing the on–site mitigation; AND 33
HOUSE BILL 233 25
(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT 1
HAVE BEEN APPROVED B Y THE COMMISSION AS PART O F A LOCAL PROGRAM , THE 2
LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED 3
BY UP TO 500 SQUARE FEET . 4
8–1808.10. 5
(b) (1) Except as provided under subsection (c) of this section, the minimum 6
buffer shall be: 7
(i) 200 feet LANDWAR D from tidal waters or a tidal wetland; and 8
(ii) 100 feet LANDWARD from a tributary stream. 9
8–1809. 10
(g) Each local jurisdiction shall [review]: 11
(1) REVIEW its entire program and propose any necessary amendments to 12
its entire program, including local zoning maps, at least every [6 years. Each local 13
jurisdiction shall send] 10 YEARS; AND 14
(2) SEND in writing to the Commission, within 60 days after the 15
completion of its review, the following information: 16
[(1)] (I) A statement certifying that the required review has been 17
accomplished; 18
[(2)] (II) Any necessary requests for program amendments, program 19
refinements, or other matters that the local jurisdiction wishes the Commission to consider; 20
[(3)] (III) An updated resource inventory; and 21
[(4)] (IV) A statement quantifying acreages within each land 22
classification, the growth allocation used, and the growth allocation remaining. 23
(H) ON REQUEST OF A LOCAL JURISDICTION AND FOR GOOD CAUSE , THE 24
COMMISSION MAY SHALL EXTEND THE DEADLINE UNDER SUBSECTION (G) OF THIS 25
SECTION FOR THAT LOC AL JURISDICTION BY NOT MORE THAN TWO 6–MONTH 26
EXTENSIONS 1 YEAR. 27
(I) A ON OR AFTER JANUARY 1, 2028, A LOCAL JURISDICTION T HAT DOES 28
NOT MEET THE DEADLIN E UNDER SUBSECTION (G)(1) OF THIS SECTION OR AFTER 29
THE EXPIRATION OF AN Y EXTENSION GRANTED UNDER SUBSECTION (H) OF THIS 30 26 HOUSE BILL 233
SECTION MAY NOT PROP OSE AN AMENDMENT OR REFINEMENT UNDER SUB SECTION 1
(J) OF THIS SECTION. 2
[(h)] (J) (1) As often as necessary but not more than 4 times per calendar 3
year, each local jurisdiction may propose program amendments and program refinements 4
to its adopted program. 5
(2) [(i) Except for program amendments or program refinements 6
developed during program review under subsection (g) of this section, a zoning map 7
amendment may be granted by a local approving authority only on proof of a mistake in 8
the existing zoning. 9
(ii) The requirement in paragraph (2)(i) of this subsection that a 10
zoning map amendment may be granted only on proof of a mistake does not apply to 11
proposed changes to a zoning map that: 12
1. Are wholly consistent with the land classifications in the 13
adopted program; or 14
2. Propose the use of a part of the remaining growth 15
allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA 16
DESIGNATION MAY BE G RANTED BY A LOCAL AP PROVING AUTHORITY ON PROOF OF 17
MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION: 18
(I) CONFORMS TO THE STATE CRITICAL AREA M APPING 19
CRITERIA; 20
(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN 21
EXISTENCE AS OF DECEMBER 1, 1985; OR 22
2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO 23
REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E 24
TIME OF THE REMAPPIN G; AND 25
(III) FOLLOWS THE LOCAL JUR ISDICTION’S DOCUMENTED 26
MAPPING METHODOLOGY FOR CRITICAL AREA CL ASSIFICATIONS AT THE TIME OF 27
ORIGINAL PROGRAM ADO PTION; AND 28
(IV) IS CONSISTENT WITH TH E PURPOSES, POLICIES, AND GOALS 29
OF THIS SUBTITLE AND ALL CRITERIA OF THE COMMISSION. 30
(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF THE ZO NING MAP 31
AMENDMENT : 32
HOUSE BILL 233 27
(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN 1
THE ADOPTED PROGRAM ; 2
(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH 3
ALLOCATION IN ACCORD ANCE WITH THE ADOPTE D PROGRAM; OR 4
(3) PROPOSES TO CHA NGE THE LAND CLASSIF ICATION FROM EITHER 5
AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A 6
RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A 7
RESOURCE CONSERVATIO N AREA. 8
[(i)] (L) A program may not be amended except with the appro val of the 9
Commission. 10
[(j)] (M) The Commission shall approve programs and program amendments 11
that meet: 12
(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this 13
subtitle; and 14
(2) The criteria adopted by the Commission under § 8–1808 of this subtitle. 15
[(k) Copies of each approved program, as the program is amended or refined from 16
time to time, shall be maintained by the local jurisdiction and the Commission in a form 17
available for public inspection.] 18
[(l)] (N) (1) If the Commission determines that an adopted program contains 19
a clear mistake, omission, or conflict with the criteria or law, the Commission may: 20
(i) Notify the local jurisdiction of the specific deficiency; and 21
(ii) [Request] DIRECT that the jurisdiction submit a proposed 22
program amendment or program refinement to correct the deficiency. 23
(2) Within 90 days after being notified of any deficiency under paragraph 24
(1) of this subsection, the local jurisdiction shall submit to the Commission, as program 25
amendments or program refinements, any proposed changes that are necessary to correct 26
those deficiencies. 27
(3) Local project approvals granted under a part of a program that the 28
Commission has determined to be deficient shall be null and void after notice of the 29
deficiency. 30
[(m)] (O) (1) The Commission may adopt regulations that prescribe the 31
procedures and information requirements for program amendments and program 32
refinements. 33 28 HOUSE BILL 233
(2) In the absence of regulations under paragraph (1) of this subsection, a 1
local jurisdiction may propose changes to adopted programs. Within 10 working days of 2
receiving a proposal under this paragraph, the Commission shall: 3
(i) [Mail a notification to] NOTIFY IN WRITING the local 4
jurisdiction that the proposal has been accepted for processing; or 5
(ii) Return the proposal as incomplete. 6
[(n)] (P) A local jurisdiction may specify whether it intends a proposed change 7
to be a program amendment or program refinement. However, the Commission shall treat 8
a proposed change as a program amendment unless the [chairman] CHAIR determines that 9
the proposed change is a program refinement. 10
[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel 11
shall hold a public hearing in the local jurisdiction, and the Commission shall act on the 12
proposed program amendment within 130 days of the Commission’s acceptance of the 13
proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES, 14
AN EXTENSION . 15
(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE 16
CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130 17
days, the proposed program amendment is deemed approved. 18
(2) The Commission shall determine if the proposed amendment is 19
consistent with the purposes, policies, goals, and the provisions of this subtitle, and all 20
criteria of the Commission. 21
(3) In accordance with the Commission’s determination in paragraph (2) of 22
this subsection, the Commission shall: 23
(i) Approve the proposed program amendment and notify the local 24
jurisdiction; 25
(ii) Deny the proposed program amendment; 26
(iii) Approve the proposed program amendment subject to one or 27
more conditions; or 28
(iv) Return the proposed program amendment to the local 29
jurisdiction with a list of the changes to be made. 30
(4) If the Commission approves a proposed program amendment subject to 31
one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall 32
notify the Commission within 60 days of its intent to adopt the conditions. 33 HOUSE BILL 233 29
(5) The local jurisdiction shall incorporate the approved program 1
amendment and any required conditions into the adopted program within 120 days of 2
receiving notice from the Commission that the program amendment has been approved. 3
[(p)] (R) (1) Proposed program refinements shall be determined as provided 4
in this subsection. 5
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 6
change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may 7
determine that the proposed change is a program refinement. [Immediately upon making 8
a determination under this paragraph, the chairman] 9
(II) THE CHAIR shall notify the Commission of that determination 10
AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION 11
REQUESTS, AND THE CHA IR APPROVES, AN EXTENSION . 12
[(ii)] (III) If a proposed change that was specifically submitted as a 13
program refinement is not acted on by the [chairman] CHAIR within the 30–day period, 14
the Commission shall notify the appropriate local jurisdiction that the proposed change has 15
been deemed to be a program amendment. 16
(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S 17
determination only at the first Commission meeting where a quorum is present following 18
the [chairman’s determination] CHAIR’S NOTIFICATION TO TH E COMMISSION. 19
(ii) If the [chairman’s] CHAIR’S determination is overridden, the 20
proposed change is deemed a program amendment, which shall be decided by the 21
Commission in accordance with the procedures for program amendments provided in this 22
section, except that the Commission shall act on the program amendment within [60] 90 23
days after a vote to override the [chairman] CHAIR. 24
(iii) If the [chairman’s] CHAIR’S determination is not overridden, 25
within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision 26
under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall: 27
1. Determine if the program refinement is consistent with 28
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 29
Commission; and 30
2. A. Approve the proposed program refinement and 31
notify the local jurisdiction; 32
B. Deny the program refinement; 33
30 HOUSE BILL 233
C. Approve the proposed program refinement subject to one 1
or more conditions; or 2
D. Return the proposed program refinement back to the local 3
jurisdiction with a list of the changes to be made. 4
(iv) If the [Commission] CHAIR approves a proposed program 5
refinement subject to one or more conditions under item (iii)3 of this paragraph, the local 6
jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions. 7
(4) A local jurisdiction shall incorporate an approved program refinement 8
and any required conditions into its adopted program within 120 days of receiving notice 9
from the [chairman] CHAIR that the program refinement has been approved. 10
[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all 11
proposed program amendments or program refinements required for a specific project 12
approval into a single request to the Commission for program amendment, program 13
refinement, or both. 14
(ii) The Commission shall ensure that any requests received in 15
accordance with this paragraph are consistent with the purposes, policies, goals, and 16
provisions of this subtitle, and all criteria of the Commission. 17
(2) A project for which a local jurisdiction requests growth allocation may 18
be submitted as a proposed program amendment, program refinement, or both. 19
(3) Approval by the Commission of a program amendment, program 20
refinement, or both does not affect the Commission’s authority to receive notice of or 21
intervene in a project approval that was not specifically approved by the Commission as 22
part of its approval of a program amendment or program refinement. 23
[(r)] (T) Within 6 months after the adoption of amended criteria, a local 24
jurisdiction shall send to the Commission: 25
(1) Proposed program amendments or program refinements that address 26
the amended criteria; or 27
(2) A statement describing how the adopted program conforms to the 28
amended criteria and certifying that the adopted program is consistent with the amended 29
criteria. 30
[(s)] (U) If the Commission adopts a regulation concerning the use of the growth 31
allocation, any use of the growth allocation must be in accordance with that regulation for 32
the change to be considered a program refinement. 33
8–1810. 34
HOUSE BILL 233 31
(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPDATE AN ADOPTED 1
PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE: 2
(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPD ATE TO THE 3
LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR 4
(2) (1) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM IF A 5
LOCAL JURISDICTION F AILS TO UPDATE AN AD OPTED PROGRAM AFTER THE 6
DEADLINE UNDER § 8–1809(G)(1) OF THIS SUBTITLE OR AFTER THE EXPIRATION OF 7
AN EXTENSION GRANTED UNDER § 8–1809(H) OF THIS SUBTITLE , THE COMMISSION 8
SHALL MAKE A GOOD FA ITH EFFORT TO NOTIFY THE LOCAL JUR ISDICTION THAT ITS 9
PROGRAM NEEDS TO BE UPDATED BY AT LEAST 4 DOCUMENTED NOTIFICAT ION 10
ATTEMPTS OVER A 3–YEAR PERIOD. 11
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 12
LOCAL JURISDICTION S HALL ADOPT AN UPDATE TO THE PROGRAM WITHI N 2 YEARS 13
OF THE LAST NOTICE F ROM THE COMMISSION. 14
(II) THE COMMISSION MAY UPDATE THE PROGRAM IF THE 15
LOCAL JURISDICTION F AILS TO UPDATE ITS PROGRAM WITHIN THE 2–YEAR PERIOD. 16
8–1811. 17
(b) (2) From the date designated by the Commission in approving or adopting 18
a program, an applicant for project approval or the local agency authorized to grant project 19
approval on an application in any of the identified classes shall send to the Commission in 20
accordance with the regulations and any other instructions of the Commission, a copy of 21
every pending or new application for approval that is in any of the identified classes. Before 22
the close of the fifth business day after receipt of a copy of an application from [the applicant 23
or] the local approving authority, the Commission shall send written notice of receipt to the 24
applicant and to the local approving authority. A failure of the Commission to send a timely 25
notice shall render paragraph (3) of this subsection inapplicable as to that application. 26
8–1812. 27
(a) After the Commission has approved or adopted a program, the [chairman] 28
CHAIR of the Commission has standing and the right and authority to initiate or intervene 29
in any administrative, judicial, or other original proceeding or appeal in this State 30
concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal 31
Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority 32
without first obtaining approval from the Commission, but the [chairman] CHAIR shall 33
send prompt written notice of any intervention or initiation of action under this section to 34
each member of the Commission. The [chairman] CHAIR shall withdraw the intervention 35
or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at 36
least 13 members indicate disapproval of the action, either in writing addressed to the 37 32 HOUSE BILL 233
[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the 1
local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request 2
a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action. 3
(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general 4
laws and rules of procedure that govern the time within and manner in which the authority 5
granted in subsection (a) of this section may be exercised. 6
(c) The [chairman] CHAIR may appeal an action or decision even if the 7
[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or 8
decision. 9
8–1813.1. 10
(d) A local jurisdiction may include in the jurisdiction’s local critical area 11
protection program, to be approved by the Commission, an alternative buffer provision for 12
the development of a planned unit development in accordance with the planned unit 13
development’s Step III approval, provided that: 14
(5) At least 75% of the dwelling units in the planned unit development 15
comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a 16
buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal 17
wetlands, or tributary streams. 18
8–1814. 19
(a) After 760 days have elapsed from the date upon which criteria adopted by the 20
Commission become effective, any State or local agency that proposes development which 21
has not been subject to project approval by the local jurisdiction under an approved 22
program, including buildings, treatment plants, roads, railroads, and airports, in the 23
Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall, 24
before the State or local agency begins the development, receive the approval of the 25
Commission in accordance with procedures or exceptions set forth in regulations adopted 26
by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this 27
subtitle. These regulations shall be adopted on or before September 1, 1987, and only after 28
consultation with affected State and local agencies. 29
(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult 30
with the Commission in making consistency determinations under the Federal Coastal 31
Zone Management Program. 32
8–1815. 33
(a) (2) (i) A person who violates a provision of an order, permit, plan, local 34
program, this subtitle, or regulations adopted, approved, or issued under the authority of 35
this subtitle shall be: 36 HOUSE BILL 233 33
1. Subject to prosecution or suit in circuit court or District 1
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 2
remedies afforded by State or local law; 3
(3) A local authority may request: 4
(ii) That the [chairman] CHAIR refer an enforcement action to the 5
Attorney General. 6
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 7
is failing to enforce the requirements of a program applicable to a particular development, 8
the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within 9
30 days after service of the notice, the local authorities have failed to initiate an action to 10
remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney 11
General. 12
(e) Notwithstanding any other provision of this section, whenever a development 13
in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area 14
is proceeding in violation of approved project plans and threatens to immediately and 15
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 16
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 17
the violation and, as appropriate, to compel restoration of any land or water areas affected 18
by the development. 19
8–1815.1. 20
(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake 21
Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local 22
critical area program or of regulations adopted by the Commission, the [chairman] CHAIR 23
may bring an action, or the local jurisdiction may bring an action or request that the 24
[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an 25
action: 26
(1) To require the person to replant trees where the cutting or clearing 27
occurred in accordance with a plan prepared by the State Forester, a registered professional 28
forester, or a registered landscape architect; 29
(2) To restrain the planned violation; or 30
(3) For damages: 31
(i) To be assessed by a circuit court in an amount equal to the 32
estimated cost of replanting trees; and 33
34 HOUSE BILL 233
(ii) To be paid to the Department by the person found to have 1
violated the provisions of this subsection. 2
(c) If the [chairman] CHAIR of the Commission has reason to believe that the 3
local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 4
[chairman] CHAIR shall refer the matter to the Attorney General as provided under § 5
8–1815(b) of this subtitle. 6
(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation 7
under subsection (c) of this section to the Attorney General, the Attorney General may 8
invoke the remedies available to the local jurisdiction under subsection (b) of this section 9
in any court of competent jurisdiction in which the local jurisdiction would be authorized to 10
prosecute or sue. 11
(e) On the request of a local jurisdiction or the [chairman] CHAIR of the 12
Commission, the State Forester, a registered professional forester, or a registered 13
landscape architect may prepare, oversee, and approve the final implementation of a plan 14
to: 15
(1) Replant trees in any part of the Chesapeake Bay Critical Area where 16
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 17
of this section; and 18
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 19
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 20
subsection (b) of this section. 21
[8–1817. 22
(a) By January 1, 1994, the Commission shall adopt criteria that assure the 23
protection of land and water resources in the Critical Area and that shall apply throughout 24
the Critical Area for: 25
(1) Production of oil or natural gas on lands or waters leased by the State; 26
and 27
(2) Exploration or production of oil or natural gas on any lands in the 28
Critical Area. 29
(b) (1) In addition to other applicable provisions of law, an applicant for any 30
production or exploratory drilling that will occur on, in, under, or through the Critical Area, 31
including wells drilled outside the Critical Area by a method known as slant drilling that 32
will pass through the Critical Area, shall complete and submit with the application an 33
environmental impact study that addresses the potential for any adverse environmental 34
effects on the Critical Area as a result of the drilling. 35
HOUSE BILL 233 35
(2) (i) The Department shall forward a copy of the permit application 1
and the environmental impact study referred to in paragraph (1) of this subsection to the 2
Commission for its review and comment. 3
(ii) The Department shall consider and comment in writing on the 4
objections and concerns of the Commission before issuing a permit under this subsection.] 5
SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide 6
base map project, as specified under Section 3 of Chapter 119 of the Acts of the General 7
Assembly of 2008, the process for updating the map shall proceed as follows: 8
(1) in accordance with the following requirements and conditions, the 9
Critical Area Commission, with the assistance of the Department of Natural Resources and 10
the Department of the Environment, shall prepare an update to the statewide base map at 11
appropriate intervals, but not less than every 8 years, that includes a State–determined 12
shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced 13
1,000–foot critical area boundary, as appropriate for integration into a Geographic 14
Information System, under the following standards: 15
(i) the best available imagery of comparable scale shall be used to 16
identify the shoreline and landward boundary of tidal wetlands as part of the map update; 17
(ii) the boundary shall be accurate to a scale of 1:1200; and 18
(iii) the mapped shoreline and landward boundary of tidal wetlands 19
may not be construed to represent an official wetland delineation or to change in any way 20
any statutory provision under Title 16 of the Environment Article, any regulatory provision 21
under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision 22
related to a project–specific wetland delineation that may be necessary and appropriate; 23
(2) a local jurisdiction shall formally adopt its updated critical area map 24
based on the statewide base map within 6 months of its receipt from the Department of 25
Natural Resources and the Commission and may request an extension of time for an 26
additional 6 months if evidence of reasonable progress has been made and is satisfactory 27
to the Commission; 28
(3) the Commission, with the assistance of each local jurisdiction, shall: 29
(i) designate unclassified areas that were not within the original 30
critical area boundary in accordance with the mapping standards set forth under COMAR 31
27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and 32
(ii) identify areas where there appear to be inconsistencies between 33
the statewide base map and the local jurisdiction’s critical area map; 34
(4) a local jurisdiction shall apply the updated State–determined shoreline 35
and landward boundary of tidal wetlands and a digitally generated, georeferenced 36 36 HOUSE BILL 233
1,000–foot critical area boundary once it is officially transferred from the Department of 1
Natural Resources and the Commission and shall apply the updates notwithstanding any 2
local approval process; and 3
(5) each local jurisdiction shall ensure that, where applicable, each project 4
submittal uses the updated digitally generated, georeferenced critical area boundary. 5
SECTION 3. AND BE IT FURTHER ENACTED, That: 6
(a) The Department of Natural Resources shall notify the Department of 7
Legislative Services in writing on the date of official completion of the statewide base map 8
project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of 9
2008. 10
(b) Section 2 of this Act shall take effect 7 days after the Department of Natural 11
Resources provides notice of the official completion of the statewide base map project under 12
subsection (a) of this section. 13
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 14
3 of this Act, this Act shall take effect October 1, 2024. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.