EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0233*
HOUSE BILL 233
M1 (4lr0314)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Chair, Environment and Transportation Committee (By Request –
Critical Area Commission)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 of the critical area for climate resiliency, 8
enhancing resilience in the critical area, and environmental justice and equity 9
initiatives; establishing certain considerations of climate change, climate resiliency, 10
and equity as general principles and minimum elements of local programs; requiring 11
a local program to give consideration to underserved communities when assessing 12
the suitability of critical areas for certain recreation; requiring local jurisdictions to 13
consider climate change when approving growth allocation decisions; requiring the 14 2 HOUSE BILL 233
Commission to consider environmental impacts on underserved or overburdened 1
communities when reviewing growth allocation map amendments; altering certain 2
resource conservation area density standards and requirements; authorizing the 3
purchase of transferable development rights for certain intrafamily transfers; 4
authorizing a certain increase in lot coverage limits under certain circumstances; 5
altering the process for performing the required local jurisdiction comprehensive 6
reviews of critical area programs; establishing standards under which a critical area 7
designation may be changed on proof of mistake and under which a zoning map 8
amendment may be granted; authorizing the Commission to direct a local 9
jurisdiction to correct a program deficiency; establishing a certain remedial process 10
if a local jurisdiction fails to update its critical area program; repealing certain 11
requirements on oil or natural gas production or exploration in the critical area; 12
establishing a process for the preparation, distribution, review, refinement, and 13
formal adoption of the periodic update of statewide base maps; and generally relating 14
to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. 15
BY repealing and reenacting, without amendments, 16
Article – Business Regulation 17
Section 19–106(a)(1) and (5) 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Environment 22
Section 1–701(a)(1), (5), (7), and (8) 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Natural Resources 27
Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c), 28
8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and 29
(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii) 30
and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through 31
(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b), 32
8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e) 33
Annotated Code of Maryland 34
(2023 Replacement Volume and 2023 Supplement) 35
BY adding to 36
Article – Natural Resources 37
Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19., 38
8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e) 39
Annotated Code of Maryland 40
(2023 Replacement Volume and 2023 Supplement) 41
BY repealing 42 HOUSE BILL 233 3
Article – Natural Resources 1
Section 8–1806(c), 8–1809(k), and 8–1817 2
Annotated Code of Maryland 3
(2023 Replacement Volume and 2023 Supplement) 4
Preamble 5
WHEREAS, Following extensive research and the issuance of a report by the U.S. 6
Environmental Protection Agency that clearly demonstrated the alarming extent of 7
degradation of the Chesapeake Bay, in significant part because of prominent land use and 8
growth patterns, the Critical Area Commission was created in 1984 in order to preserve 9
and restore water quality in the State, to maintain valued wildlife habitat, and to 10
accommodate inevitable growth, and these same legislative concerns were addressed in 11
2002 when the protections of the Critical Area Program were expanded to include the 12
Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area 13
Program; and 14
WHEREAS, The critical area, which comprises approximately 11% of Maryland’s 15
land mass, includes the majority of the State’s most ecologically fragile and valuable 16
properties; and 17
WHEREAS, From its inception, partnership between State and local government 18
has been a cornerstone of the Critical Area Program; and 19
WHEREAS, To date local critical area programs are operative in Baltimore City, 16 20
counties, and 47 other municipalities, and critical area issues directly impact at least seven 21
State departments; and 22
WHEREAS, After nearly 40 years of operation, the Critical Area Program has 23
effectively influenced thousands of land use decisions, addressed and minimized the 24
adverse impacts of growth associated with hundreds of requests for growth allocation, and 25
represented a comprehensive effort between the State and local governments to enforce a 26
variety of water quality and habitat protection standards; and 27
WHEREAS, Despite these efforts, additional measures are necessary to enhance a 28
cooperative land use and natural resource management program that will restore the 29
quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal 30
tributaries, and associated land–based ecosystems; and 31
WHEREAS, As a member of the Maryland Commission on Climate Change, the 32
Critical Area Commission is charged with recommending short and long–term strategies 33
and initiatives to better mitigate, prepare for, and adapt to the consequences of climate 34
change; and 35
WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s 36
water quality resources and the loss of valuable shoreline areas due to erosion, sea level 37
rise, and climate change, the Critical Area Commission has a significant role in ensuring 38 4 HOUSE BILL 233
the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent 1
resource lands and wildlife habitats to the rapidly evolving climate realities; and 2
WHEREAS, To address the increasing effects on water quality from more frequent 3
and higher–intensity storms, to adjust conservation programs and techniques to the 4
shifting realities of species and habitats, and to accommodate appropriate levels and 5
locations for growth within the critical area, improvements to the Critical Area Program 6
are in order at this time; and 7
WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area 8
Commission ensure the equitable distribution of the environmental benefits and burdens 9
of development, restoration, and mitigation within the critical area and, in doing so, the 10
Commission must also ensure equitable representation and participation in its processes; 11
now, therefore, 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Business Regulation 15
19–106. 16
(a) (1) In this section the following words have the meanings indicated. 17
(5) “Underrepresented community” means a community whose members 18
self–identify: 19
(i) as Black, African American, Hispanic, Latino, Asian, Pacific 20
Islander, Native American, Native Hawaiian, or Alaska Native; or 21
(ii) with one or more of the racial or ethnic groups listed in item (i) 22
of this paragraph. 23
Article – Environment 24
1–701. 25
(a) (1) In this section the following words have the meanings indicated. 26
(5) “Environmental justice” means equal protection from environmental 27
and public health hazards for all people regardless of race, income, culture, and social 28
status. 29
(7) “Overburdened community” means any census tract for which three or 30
more of the following environmental health indicators are above the 75th percentile 31
statewide: 32
HOUSE BILL 233 5
(i) Particulate matter (PM) 2.5; 1
(ii) Ozone; 2
(iii) National Air Toxics Assessment (NATA) diesel PM; 3
(iv) NATA cancer risk; 4
(v) NATA respiratory hazard index; 5
(vi) Traffic proximity; 6
(vii) Lead paint indicator; 7
(viii) National Priorities List Superfund site proximity; 8
(ix) Risk Management Plan facility proximity; 9
(x) Hazardous waste proximity; 10
(xi) Wastewater discharge indicator; 11
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 12
(xiii) Percent of the population lacking broadband coverage; 13
(xiv) Asthma emergency room discharges; 14
(xv) Myocardial infarction discharges; 15
(xvi) Low–birth–weight infants; 16
(xvii) Proximity to emitting power plants; 17
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 18
(xix) Proximity to a brownfields site; 19
(xx) Proximity to mining operations; and 20
(xxi) Proximity to a hazardous waste landfill. 21
(8) “Underserved community” means any census tract in which, according 22
to the most recent U.S. Census Bureau Survey: 23
(i) At least 25% of the residents qualify as low–income; 24
6 HOUSE BILL 233
(ii) At least 50% of the residents identify as nonwhite; or 1
(iii) At least 15% of the residents have limited English proficiency. 2
Article – Natural Resources 3
8–1801. 4
(a) The General Assembly finds and declares that: 5
(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries 6
are natural resources of great significance to the State and the nation, and their beauty, 7
their ecological value, and their economic impact all reach far beyond any one local 8
jurisdiction; 9
(2) The shoreline and adjacent lands, particularly the buffer areas, 10
constitute a valuable, fragile, and sensitive part of this estuarine system, where human 11
activity can have a particularly immediate and adverse impact on water quality and 12
natural habitats; 13
(3) The capacity of these shoreline and adjacent lands to withstand 14
continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to 15
water quality and natural habitats is limited; 16
(4) Human activity is harmful in these shoreline areas, where the new 17
development of nonwater–dependent structures AND USES or an increase in lot coverage 18
is presumed to be contrary to the purpose of this subtitle, because these activities may 19
cause OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the 20
Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to 21
maintain a buffer of at least 100 feet landward from the mean high water line of tidal 22
waters, tributary streams, and tidal wetlands; 23
(5) National studies have documented that the quality and productivity of 24
the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative 25
effects of human activity that have caused increased levels of pollutants, nutrients, and 26
toxics in the Bay system and declines in more protective land uses such as forestland and 27
agricultural land in the Bay region; 28
(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and 29
their tributaries within Maryland are particularly stressed by the continuing population 30
growth and development activity concentrated in the Baltimore–Washington metropolitan 31
corridor and along the Atlantic Coast; 32
(7) The quality of life for the citizens of Maryland is enhanced through the 33
restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic 34 HOUSE BILL 233 7
Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS 1
ARE DISTRIBUTED EQUI TABLY; 2
(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and 3
their tributaries is dependent, in part, on minimizing further adverse impacts to the water 4
quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE 5
RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the 6
buffer; 7
(9) The cumulative impact of current development and of each new 8
development activity in the buffer is inimical to these purposes, and it is therefore 9
imperative that State law protect irreplaceable State buffer resources from unpermitted 10
activity; [and] 11
(10) There is a critical and substantial State interest for the benefit of 12
current and future generations in fostering more sensitive development and more effective 13
enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake 14
and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water 15
quality and natural habitats; 16
(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 17
DEVELOPING POLICIES AND STR ATEGIES TO BETTER MI TIGATE, PREPARE FOR , AND 18
ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S 19
SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE , 20
PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND 21
TO ENHAN CE THE RESILIENCE OF THE STATE’S SHORELINES BY IDEN TIFYING, 22
RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED 23
FEATURES; 24
(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 25
ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AN D BURDENS OF 26
DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE 27
STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND 28
PARTICIPATION IN THE SE PROCESSES; AND 29
(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE 30
DEVELOPMENT IS C OMPATIBLE WITH PROJE CTED CLIMATE IMPACTS AND COASTAL 31
HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY . 32
(b) It is the purpose of the General Assembly in enacting this subtitle: 33
(1) To establish a Resource Protection Program for the Chesapeake and the 34
Atlantic Coastal Bays and their tributaries by fostering more sensitive development 35
activity for certain shoreline areas so as to minimize damage to water quality and natural 36
habitats; and 37 8 HOUSE BILL 233
(2) To implement the Resource Protection Program on a cooperative basis 1
between the State and affected local governments, with local governments establishing and 2
implementing their programs in a [consistent and] CONSISTENT, uniform, AND 3
EQUITABLE manner subject to State and local leadership, criteria, and oversight. 4
8–1802. 5
(a) (1) In this subtitle the following words have the meanings indicated. 6
(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight, 7
Sinepuxent, Newport, and Chincoteague Bays. 8
(3) “Atlantic Coastal Bays Critical Area” means the initial planning area 9
identified under § 8–1807 of this subtitle. 10
(4) “Buffer” means an existing, naturally vegetated area, or an area 11
established in vegetation and managed to protect aquatic, wetlands, shoreline, and 12
terrestrial environments from manmade disturbances. 13
(5) “Chesapeake Bay Critical Area” means the initial planning area 14
identified under § 8–1807 of this subtitle. 15
(6) (I) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A 16
NATURAL SYSTEM TO MA INTAIN FUNCTION IN T HE FACE OF STRESSES IMPOSE D BY 17
CLIMATE CHANGE AND TO ADAPT THE NAT URAL SYSTEM TO BE BE TTER PREPARED 18
FOR FUTURE CLIMATE IMPAC TS. 19
(II) “CLIMATE RESILIENCY ” INCLUDES ADAPTING A NATURAL 20
SYSTEM TO BE BETTER PREPARED FOR FUTURE CLIMATE IMPACTS INCL UDING SEA 21
LEVEL RISE, SALTWATER INTRUSION , WETLAND MIGRATION , STORM SURGE , 22
PRECIPITATION–INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS . 23
(7) “Commission” means the Critical Area Commission for the Chesapeake 24
and Atlantic Coastal Bays established in this subtitle. 25
[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the 26
Atlantic Coastal Bays Critical Area. 27
[(8)] (9) “Developer” means: 28
(i) A person who undertakes development as defined in this section; 29
or 30
(ii) A person who undertakes development activities as defined in 31
the criteria of the Commission. 32 HOUSE BILL 233 9
[(9)] (10) “Development” means any activity that materially affects the 1
condition or use of dry land, land under water, or any structure. 2
[(10)] (11) (i) “Dwelling unit” means a single unit providing complete, 3
independent living facilities for at least one person, including permanent provisions for 4
sanitation, cooking, eating, sleeping, and other activities routinely associated with daily 5
life. 6
(ii) “Dwelling unit” includes a living quarters for a domestic or other 7
employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker 8
residence. 9
(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 10
1–701 OF THE ENVIRONMENT ARTICLE. 11
(13) (I) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY, 12
AND FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION O F 13
RESOURCES BY INSTITU TIONS OR SYSTEMS . 14
(II) “EQUITY” INCLUDES CONSIDERATI ON OF ENVIRONMENTAL 15
BURDENS AND BENEFITS , IDENTIFICATION OF IM PACTS AND MITIGATION 16
OPPORTUNITIES , INCREASED REPRESENTA TION IN PUBLIC PARTI CIPATION, AND 17
PROVISIONS FOR PUBLI C ACCESS TO WATERWAYS . 18
[(11)] (14) “Growth allocation” means the number of acres of land in the 19
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local 20
jurisdiction may use to create new intensely developed areas and new limited development 21
areas. 22
[(12)] (15) “Includes” means includes or including by way of illustration and 23
not by way of limitation. 24
[(13)] (16) (i) “Intensely developed area” means an area of at least 20 25
acres or the entire upland portion of the critical area within a municipal corporation, 26
whichever is less, where: 27
1. Residential, commercial, institutional, or industrial 28
developed land uses predominate; and 29
2. A relatively small amount of natural habitat occurs. 30
(ii) “Intensely developed area” includes: 31
1. An area with a housing density of at least four dwelling 32
units per acre; 33 10 HOUSE BILL 233
2. An area with public water and sewer systems with a 1
housing density of more than three dwelling units per acre; or 2
3. A commercial marina redesignated by a local jurisdiction 3
from a resource conservation area or limited development area to an intensely developed 4
area through a mapping correction that occurred before January 1, 2006. 5
[(14)] (17) “Land classification” means the designation of land in the 6
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with 7
the criteria adopted by the Commission as an intensely developed area or district, a limited 8
development area or district, or a resource conservation area or district. 9
[(15)] (18) (i) “Limited development area” means an area: 10
1. That is developed in low or moderate intensity uses and 11
contains areas of natural plant and animal habitat; and 12
2. Where the quality of runoff has not been substantially 13
altered or impaired. 14
(ii) “Limited development area” includes an area: 15
1. With a housing density ranging from one dwelling unit per 16
five acres up to four dwelling units per acre; 17
2. With a public water or sewer system; 18
3. That is not dominated by agricultural land, wetland, 19
forests, barren land, surface water, or open space; or 20
4. That is less than 20 acres and otherwise qualifies as an 21
intensely developed area under paragraph [(13)] (16) of this subsection. 22
[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation 23
with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area 24
or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located. 25
[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel 26
that is: 27
1. Occupied by a structure, accessory structure, parking 28
area, driveway, walkway, or roadway; or 29
2. Covered with gravel, stone, shell, [impermeable] decking, 30
a paver, permeable pavement, or any manmade material. 31 HOUSE BILL 233 11
(ii) “Lot coverage” includes the ground area covered or occupied by a 1
stairway or impermeable deck. 2
(iii) “Lot coverage” does not include: 3
1. A fence or wall that is less than 1 foot in width that has 4
not been constructed with a footer; 5
2. A walkway in the buffer or expanded buffer, including a 6
stairway, that provides direct access to a community or private pier; 7
3. A wood mulch pathway; or 8
4. A PERMEABLE deck [with gaps to allow water to pass 9
freely]. 10
(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES 11
PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES , GEOLOGY, SLOPES, 12
VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE 13
AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE. 14
(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE 15
NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL 16
FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND 17
CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK 18
REDUCTION. 19
(II) “NATURE–BASED FEATURES ” INCLUDES LIVING 20
SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS . 21
(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 22
1–701 OF THE ENVIRONMENT ARTICLE. 23
[(18)] (24) (i) “Program” means the critical area protection program of a 24
local jurisdiction. 25
(ii) “Program” includes any amendments to the program. 26
[(19)] (25) (i) “Program amendment” means any change or proposed 27
change to an adopted program that is not determined by the Commission [chairman] 28
CHAIR to be a program refinement. 29
12 HOUSE BILL 233
(ii) “Program amendment” includes a change to a zoning map that is 1
not consistent with the method for using the growth allocation contained in an adopted 2
program. 3
[(20)] (26) (i) “Program refinement” means any change or proposed 4
change to an adopted program that the Commission [chairman] CHAIR determines will 5
result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal 6
Bays Critical Area in a manner consistent with the adopted program, or that will not 7
significantly affect the use of land or water in the critical area. 8
(ii) “Program refinement” may include: 9
1. A change to an adopted program that results from State 10
law; 11
2. A change to an adopted program that affects local 12
processes and procedures; 13
3. A change to a local ordinance or code that clarifies an 14
existing provision; and 15
4. A minor change to an element of an adopted program that 16
is clearly consistent with the provisions of this subtitle and all of the criteria of the 17
Commission. 18
[(21)] (27) (i) “Project approval” means the approval of development, 19
other than development by a State or local government agency, in the Chesapeake Bay 20
Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval 21
authority. 22
(ii) “Project approval” includes: 23
1. Approval of PRELIMINARY AND FINA L subdivision plats 24
and site plans; 25
2. Inclusion of areas within floating zones; 26
3. Issuance of variances, special exceptions, and conditional 27
use permits; and 28
4. Approval of rezoning. 29
(iii) “Project approval” does not include building permits. 30
HOUSE BILL 233 13
(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING 1
CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO 2
EMERGENCIES . 3
[(22)] (29) (28) (i) “Resource conservation area” means an area that is 4
characterized by: 5
1. Nature dominated environments, such as wetlands, 6
surface water, forests, and open space; and 7
2. Resource–based activities, such as agriculture, forestry, 8
fisheries, or aquaculture. 9
(ii) “Resource conservation area” includes an area with a housing 10
density of less than one dwelling per five acres. 11
[(23)] (30) (29) “Tributary stream” means a perennial stream or an 12
intermittent stream within the critical area that has been identified by site inspection or 13
in accordance with local program procedures approved by the Commission. 14
(31) (30) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING 15
STATED IN § 19–106 OF THE BUSINESS REGULATION ARTICLE. 16
(32) (31) “UNDERSERVED COM MUNITY” HAS THE MEANING STAT ED 17
IN § 1–701 OF THE ENVIRONMENT ARTICLE. 18
8–1804. 19
(a) (1) The Commission consists of 29 voting members who REFLECT THE 20
DIVERSITY OF THE STATE AND are appointed by the Governor, as follows: 21
(i) A full–time [chairman] CHAIR, appointed with the advice and 22
consent of the Senate, who shall serve at the pleasure of the Governor; 23
(ii) 13 individuals, appointed with the advice and consent of the 24
Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. 25
At least 1 of these 13 individuals must be an elected or appointed official of a municipality. 26
These individuals shall serve on the Commission only while they hold local office. Each 27
shall be selected from certain counties or from municipalities within the counties as follows, 28
and only after the Governor has consulted with elected county and municipal officials: 29
1. 1 from each of Baltimore City and Anne Arundel, 30
Baltimore, and Prince George’s counties; 31
2. 1 from Harford County or Cecil County; 32
14 HOUSE BILL 233
3. 1 from Kent County or Queen Anne’s County; 1
4. 1 from Caroline County; 2
5. 1 from Talbot County or Dorchester County; 3
6. 1 from Wicomico County or Somerset County; 4
7. 2 from Calvert County, Charles County, or St. Mary’s 5
County, both of whom may not be from the same county; and 6
8. 2 from Worcester County, 1 of whom shall be a resident of 7
the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic 8
Coastal Bays Watershed; 9
(iii) 8 individuals, appointed with the advice and consent of the 10
Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED 11
COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are 12
listed and from which an appointment has not been made under item (ii) of this paragraph 13
and 3 of the 8 members appointed under this item shall be at large members, 1 of whom 14
shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and 15
(iv) The Secretaries of Agriculture, Commerce, Housing and 16
Community Development, the Environment, Transportation, Natural Resources, and 17
Planning, ex officio, or the designee of the Secretaries. 18
(c) Except for the [chairman] CHAIR and ex officio State officers or their 19
representatives: 20
(1) The term of a member is 4 years; 21
(2) The terms of members are staggered as required by the terms provided 22
for members of the Commission on July 1, 1984; 23
(3) At the end of a term, a member continues to serve until a successor is 24
appointed and qualifies; 25
(4) A member who is appointed after a term is begun serves for the rest of 26
the term and until a successor is appointed and qualifies; 27
(5) A member may serve no more than 2 terms; and 28
(6) Any member of the Commission appointed by the Governor who shall 29
fail to attend at least 60% of the meetings of the Commission during any period of 12 30
consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall 31
forward the member’s name to the Governor, not later than January 15 of the year following 32 HOUSE BILL 233 15
the nonattendance with the statement of the nonattendance, and the Governor shall 1
appoint a successor for the remainder of the term. If the member has been unable to attend 2
meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor 3
may waive the resignation if the reasons are made public. 4
8–1805. 5
(b) (1) The [chairman] CHAIR with the approval of the Commission shall 6
appoint an Executive Director for the Commission. 7
(2) The Executive Director serves at the pleasure of the [chairman] CHAIR 8
and is entitled to the salary provided in the State budget. 9
(c) The Attorney General shall designate an assistant Attorney General to advise 10
and represent the [chairman] CHAIR and the Commission. 11
8–1806. 12
(a) The Commission has all powers necessary for carrying out the purposes of this 13
subtitle, including the following: 14
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 15
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 16
Procedure Act) of the State Government Article, to adopt and amend regulations as 17
authorized under this subtitle for the administration and enforcement of the State and local 18
programs; 19
(2) To conduct hearings in connection with policies, proposed programs, 20
and proposed regulations or amendments to regulations; AND 21
(3) To contract for consultant or other services[; and 22
(4) To establish an advisory committee, composed of members of the 23
Commission and local citizens and local stakeholder groups, to make recommendations to 24
the Commission with respect to Atlantic Coastal Bays Critical Area programs]. 25
(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 26
(1) Establish comprehensive standards and procedures for: 27
(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ; 28
(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION 29
activities on the buffer; 30
(x) Development in the critical area, with respect to: 31 16 HOUSE BILL 233
1. Clearing, grading, and construction activity; 1
2. Clustering to promote conservation of natural site 2
features; 3
3. THE TRANSFER OF DEVEL OPMENT RIGHTS ; 4
4. Flexibility for redevelopment; 5
[4.] 5. Stormwater management; 6
[5.] 6. Application of the 10% pollutant reduction rule; 7
[6.] 7. Forest and developed woodlands protections; 8
[7.] 8. Clearing of natural vegetation; 9
[8.] 9. Lot coverage standards; 10
[9.] 10. Commission review of local provisions for lot 11
consolidation; and 12
[10.] 11. The exclusion of State tidal wetlands from 13
calculations of density, forest and developed woodlands protections, limitations on clearing 14
natural vegetation, and lot coverage standards; 15
(xiv) Directives for local program development and implementation, 16
with respect to: 17
4. Reporting requirements, INCLUDING ACCOUNTING OF 18
FEE IN LIEU FUNDS ; 19
(xv) In consultation with the Department of the Environment, 20
surface mining in the critical area; [and] 21
(xvi) The application for and processing of a variance, with respect to: 22
6. Notice of a variance decision; [and] 23
(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO 24
CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION , 25
STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME 26
WEATHER EVENTS FOR CLIMATE RESILIEN CY; 27
HOUSE BILL 233 17
(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA 1
BY PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED 2
FEATURES; AND 3
(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES THAT: 4
1. ADDRESS DISPARATE IMP ACTS OF DEVELOPMENT ; 5
AND 6
2. ENSURE THE BENEFITS O F DEVELOPMENT , 7
RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND 8
[(c) The members of the Commission who reside in the Atlantic Coastal Bays 9
Watershed shall serve on any committee established under subsection (a)(4) of this section.] 10
8–1808. 11
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 12
primary responsibility for developing and implementing a program, subject to review and 13
approval by the Commission. 14
(2) [(i) The Governor shall include in the budget a sum of money to be 15
used for grants to reimburse local jurisdictions for the reasonable costs of developing a 16
program under this section. 17
(ii) Each local jurisdiction shall submit to the Governor a detailed 18
request for funds that are equivalent to the additional costs incurred in developing the 19
program under this section. 20
(iii) The Governor shall include in the fiscal year 2003 budget a sum 21
of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays 22
Critical Area for the reasonable costs of developing a program under this section. 23
(3)] The Governor shall include in the budget annually a sum of money to 24
be used for grants to assist local jurisdictions with the reasonable costs of implementing 25
AND UPDATING a program under this section. Each local jurisdiction shall submit to the 26
Governor by May 1 of each year a detailed request for funds to assist in the implementation 27
AND UPDATING of a program under this section. 28
(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E 29
IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST 30
LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AN D EQUITABLE 31
PLANNING AND EQUITY PROVISION S REQUIRED UNDER SUB SECTION (C)(1)(III)16 32
AND 17 OF THIS SECTION INTO AN UPDATED LOCA L PROGRAM. 33
18 HOUSE BILL 233
(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL 1
SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS 2
PARAGRAPH . 3
(III) ON THE REQUEST OF A L OCAL JURISDICTION , THE CHAIR 4
MAY EXTEND THE DEADL INE UNDER SUBPARAGRA PH (II) OF THIS PARAGRAPH . 5
(b) A program shall consist of those elements which are necessary or appropriate 6
TO: 7
(1) [To minimize] MINIMIZE adverse impacts on water quality that result 8
from pollutants that are discharged from structures or conveyances or that have run off 9
from surrounding lands; 10
(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and] 11
(3) [To establish] ESTABLISH land use policies for development in the 12
Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which 13
accommodate growth and also address the fact that, even if pollution is controlled, the 14
number, movement, and activities of persons in that area can create adverse environmental 15
impacts; 16
(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE 17
AND INCORPORATE MEAS URES TO IMPROVE THE CLIMATE RESILIENCY OF THE 18
CHESAPEAKE AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND 19
(5) ENSURE AN EQUITABLE D ISTRIBUTION OF THE B URDENS AND 20
BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND 21
ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA . 22
(c) (1) (iii) At a minimum, a program shall contain all of the following 23
elements, including: 24
3. As necessary, new or amended provisions of the 25
jurisdiction’s: 26
A. Subdivision regulations; 27
B. Comprehensive or master plan; 28
C. [Zoning ordinances] ORDINANCES or regulations THAT 29
AFFECT DEVELOPMENT I N THE CRITICAL AREA ; 30
D. Provisions relating to enforcement; and 31
HOUSE BILL 233 19
E. Provisions as appropriate relating to [grandfathering of] 1
development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or 2
approved by the Commission, including provisions for bringing lands into conformance with 3
the Program as required under item 12 of this subparagraph; 4
6. Establishment of buffer areas along shorelines within 5
which agriculture will be permitted only if AN AGRICULTURAL best management 6
[practices are] PRACTICE IS used, provided that structures or any other use of land which 7
is necessary for adjacent agriculture shall also be permitted in any buffer area; 8
8. [Designation] ASSESSMENT AND MAP PING of shoreline 9
areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, 10
public access or assembly, and water–related recreation such as boat slips, piers, and 11
beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITI ES; 12
13. Except as provided in subsection (d) of this section, 13
provisions for granting a variance to the local jurisdiction’s critical area program, in 14
accordance with regulations adopted by the Commission concerning variances set forth in 15
[COMAR 27.01.11] COMAR 27.01.12; 16
14. Penalty provisions establishing that, in addition to any 17
other penalty applicable under State or local law, each person who violates a provision of 18
this subtitle or of a program, including a contractor, property owner, or any other person 19
who committed, assisted, authorized, or participated in the violation is subject to a fine not 20
exceeding $10,000; [and] 21
15. Administrative enforcement procedures in accordance 22
with due process principles, including notice and an opportunity to be heard, and 23
establishing that: 24
A. Each violation of this subtitle or of a regulation, rule, 25
order, program, or other requirement adopted under the authority of this subtitle 26
constitutes a separate offense; 27
B. Each calendar day that a violation continues constitutes a 28
separate offense; 29
C. For each offense, a person shall be subject to separate 30
fines, orders, sanctions, and other penalties; 31
D. Civil penalties for continuing violations shall accrue 32
without a requirement for an additional assessment, notice, or opportunity for hearing for 33
each separate offense; 34
20 HOUSE BILL 233
E. On consideration of all the factors included under this 1
subsection and any other factors in the local jurisdiction’s approved program, the local 2
jurisdiction shall impose the amount of the penalty; 3
F. Satisfaction of all conditions specified under paragraph (4) 4
of this subsection shall be a condition precedent to the issuance of any permit, approval, 5
variance, or special exception for the affected property; and 6
G. Unless an extension of time is appropriate because of 7
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 8
or special exception for the affected property, any additional mitigation required as a 9
condition of approval for the permit, approval, variance, or special exception shall be 10
completed; 11
16. PROVISIONS FOR: 12
A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE 13
CHANGE; 14
B. MITIGATION AND ADAPTA TION MEASURES THAT 15
ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING , 16
OTHER EXTREME WEATHE R EVENTS, MIGRATING WETLANDS , AND COASTAL 17
FORESTS; AND 18
C. ENHANCING THE CLIMATE RESILIENCY OF THE 19
CRITICAL AREA BY IDE NTIFYING, RESTORING, AND CREATING AND CON SERVING 20
EXISTING AND PROJECT ED FUTURE NA TURAL AND NATURE –BASED FEATURES ; 21
17. PROVISIONS FOR: 22
A. IDENTIFYING UNDERSERV ED AND OVERBURDENED 23
COMMUNITIES WITHIN T HE CRITICAL AREA ; 24
B. MEASURES TO ENSURE TH E EQUITABLE 25
DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION , 26
AND MITIGATION WITHI N THE CRITICAL AREA ; AND 27
C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON 28
PROCESS; 29
18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE 30
WATER, SHORELINE, AND OTHER NATURAL AR EAS FOR UNDERSERVED OR 31
OVERBURDENED COMMUNI TIES; AND 32
HOUSE BILL 233 21
19. METHODS TO ENSURE EFF ECTIVE ALLOCATION , 1
ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS. 2
(4) A local jurisdiction may not issue a permit, approval, variance, or 3
special exception THAT IS SUBJECT TO T HE VIOLATION, unless the person seeking the 4
permit, approval, variance, or special exception has: 5
(i) Fully paid all administrative, civil, and criminal penalties 6
imposed under paragraph (1)(iii)15 of this subsection; 7
(ii) Prepared a restoration or mitigation plan, approved by the local 8
jurisdiction, to abate impacts to water quality or natural resources as a result of the 9
violation; and 10
(iii) Performed the abatement measures in the approved plan in 11
accordance with the local critical area program. 12
8–1808.1. 13
(c) (2) When locating new intensely developed or limited development areas, 14
local jurisdictions shall use the following standards: 15
(i) Locate a new intensely developed area in a limited development 16
area or adjacent to an existing intensely developed area; 17
(ii) Locate a new limited development area adjacent to an existing 18
limited development area or an intensely developed area; 19
(iii) Locate a new limited development area or an intensely developed 20
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 21
27.01.09, and in an area and manner that optimizes benefits to water quality; 22
(iv) Locate a new intensely developed area or a limited development 23
area in a resource conservation area at least 300 feet beyond the landward edge of tidal 24
wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 25
approves, alternative measures for enhancement of water quality and habitat that provide 26
greater benefits to the resources; 27
(v) Locate new intensely developed areas and limited development 28
areas in a manner that minimizes their impacts to the defined land uses of the resource 29
conservation area; 30
(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED 31
DEVELOPMENT AREAS OU TSIDE OF AREAS VULNE RABLE TO CLIMATE CHA NGE 32
UNLESS THE LOCAL JU RISDICTION PROPOSES AND THE COMMISSION APPROVES : 33
22 HOUSE BILL 233
1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS 1
VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF 2
THIS SUBTITLE; AND 3
2. MEASURES THAT : 4
A. ASSESS CLIMATE RESILI ENCY AND VULNERABILITY ; 5
AND 6
B. INCORPORATE SITING , DESIGN, CONSTRUCTION , AND 7
OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE CLIMATE RESILIENCY 8
AND REDUCE VULNERABI LITY; 9
(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more 10
than one–half of the expansion allocated in the criteria of the Commission may be located 11
in resource conservation areas; 12
[(vii)] (VIII) New intensely developed or limited development areas 13
involving the use of growth allocation shall conform to all criteria of the Commission and 14
shall be designated on the comprehensive zoning map submitted by the local jurisdiction 15
as part of its application to the Commission for program approval or at a later date in 16
compliance with § 8–1809(g) of this subtitle; and 17
[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, 18
Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the 19
county is unable to utilize a portion of the growth allocated to the county in items (i) and 20
(ii) of this paragraph within or adjacent to existing intensely developed or limited 21
development areas as demonstrated in the local plan approved by the Commission, then 22
that portion of the allocated expansion which cannot be so located may be located in the 23
resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this 24
paragraph. A developer shall be required to cluster any development in an area of 25
expansion authorized under this paragraph. 26
(4) In reviewing map amendments or refinements involving the use of 27
growth allocation, the Commission shall consider the following factors: 28
(vi) Environmental impacts associated with wastewater and 29
stormwater management practices and wastewater and stormwater discharges to tidal 30
waters, tidal wetlands, and tributary streams; [and] 31
(vii) Environmental impacts associated with location in a coastal 32
hazard area or an increased risk of severe flooding attributable to the proposed 33
development; AND 34
HOUSE BILL 233 23
(VIII) ENVIRONMENTAL IMPACTS O N UNDERSERVED OR 1
OVERBURDENED COMMUNI TIES. 2
(e) (1) Except as authorized under paragraph (2) of this subsection, in 3
calculating the 1–in–20 acre density of development that is permitted on a parcel located 4
within the resource conservation area, a local jurisdiction: 5
(i) Shall count each dwelling unit; and 6
(ii) May permit the area of any private wetlands located on the 7
property to be included, under the following conditions: 8
1. [The density of development on the upland portion of the 9
parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF 10
DEVELOPMENT RIGHTS ; and 11
2. The area of private wetlands shall be [estimated on the 12
basis of vegetative information as designated on the State wetlands maps] FIELD 13
DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER . 14
(2) (i) Within a resource conservation area, a local jurisdiction may 15
consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit 16
for the purpose of the density calculation under this subsection if the additional dwelling 17
unit: 18
1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITIC AL 19
AREA DEVELOPMENT STA NDARDS; AND 20
2. A. I. Is located within the primary dwelling unit 21
or its entire perimeter is within 100 feet of the primary dwelling unit; AND 22
[B.] II. Does not exceed 900 square feet in total enclosed 23
area; and OR 24
[C.] III. Is served by the same sewage disposal system as the 25
primary dwelling unit; or 26
[2. A.] B. I. Is located within the primary dwelling unit; 27
OR AND 28
[B.] II. By its construction, does not increase the amount of 29
lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900 30
SQUARE FEET ; and 31
24 HOUSE BILL 233
[C.] III. Is served by the same sewage disposal system as the 1
primary dwelling unit. 2
(ii) The provisions of this paragraph may not be construed to require 3
a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling 4
unit for the purpose of the density calculation under this subsection. 5
(iii) An additional dwelling unit meeting all the criteria under 6
subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not 7
be subdivided or conveyed separately from the primary dwelling unit. 8
(3) [The provisions of this subsection: 9
(i) Apply to density calculations only; and 10
(ii) May not be construed to authorize a local jurisdiction to grant a 11
variance, unless the variance is granted in accordance with the requirements of § 8–1808(d) 12
of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET 13
SHALL COUNT TOWARDS THE DENSITY CALCULAT ION. 14
8–1808.2. 15
(f) (1) As a condition of approval, a local jurisdiction shall require that: 16
(i) Any deed for a lot that is created by a bona fide intrafamily 17
transfer shall contain a covenant stating that the lot is created subject to the provisions of 18
this section; and 19
(ii) A lot created by a bona fide intrafamily transfer may not be 20
conveyed subsequently to any person other than a member of the owner’s immediate family, 21
except under procedures established pursuant to subsection (g) of this section OR 22
THROUGH THE PURCHASE OF A TRANSFERABLE DE VELOPMENT RIGHT . 23
(2) This subsection does not prevent the conveyance of the lot to a third 24
party as security for a mortgage or deed of trust. 25
8–1808.3. 26
(b) Lot coverage in the buffer may not exceed the minimum amount necessary for 27
water–dependent [facilities] USES, regardless of the critical area classification or the size 28
of the parcel or lot, except: 29
(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped 30
or established under an approved local program; 31
(2) For a variance granted in accordance with this subtitle; or 32 HOUSE BILL 233 25
(3) As provided in a waterfront revitalization area or a waterfront 1
industrial area under a local program. 2
(f) A local jurisdiction may allow a property owner to exceed the lot coverage 3
limits provided in subsection (d)(2) and (3) of this section if the following conditions exist: 4
(1) Lot coverage associated with new development activities on the 5
property has been minimized; 6
(2) For a lot or parcel one–half acre or less in size, total lot coverage does 7
not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 8
square feet, whichever is greater; 9
(3) For a lot or parcel greater than one–half acre and less than one acre in 10
size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section 11
or 5,445 square feet, whichever is greater; 12
(4) Water quality impacts associated with runoff from new development 13
activities that contribute to lot coverage can be and have been minimized through site 14
design considerations or use of best management practices approved by the local 15
jurisdiction to improve water quality; [and] 16
(5) The property owner performs on–site mitigation as required by the local 17
jurisdiction to offset potential adverse water quality impacts from the new development 18
activities that contribute to lot coverage, or the property owner pays a fee to the local 19
jurisdiction in lieu of performing the on–site mitigation; AND 20
(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT 21
HAVE BEEN APPROVED B Y THE COMMISSION AS PART OF A LOCAL P ROGRAM, THE 22
LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED 23
BY UP TO 500 SQUARE FEET . 24
8–1808.10. 25
(b) (1) Except as provided under subsection (c) of this section, the minimum 26
buffer shall be: 27
(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and 28
(ii) 100 feet LANDWARD from a tributary stream. 29
8–1809. 30
(g) Each local jurisdiction shall [review]: 31
26 HOUSE BILL 233
(1) REVIEW its entire program and propose any necessary amendments to 1
its entire program, including local zoning maps, at least every [6 years. Each local 2
jurisdiction shall send] 10 YEARS; AND 3
(2) SEND in writing to the Commission, within 60 days after the 4
completion of its review, the following information: 5
[(1)] (I) A statement certifying that the required review has been 6
accomplished; 7
[(2)] (II) Any necessary requests for program amendments, program 8
refinements, or other matters that the local jurisdiction wishes the Commission to consider; 9
[(3)] (III) An updated resource inventory; and 10
[(4)] (IV) A statement quantifying acreages within each land 11
classification, the growth allocation used, and the growth allocation remaining. 12
(H) ON REQUEST OF A LOCAL JURISDICTION AND FOR GOOD CAUSE , THE 13
COMMISSION MAY SHALL EXTEND THE DEADLINE UNDER SUBSECTION (G) OF THIS 14
SECTION FOR THAT LOC AL JURISDICTION BY NOT MORE THAN TWO 6–MONTH 15
EXTENSIONS 1 YEAR. 16
(I) A ON OR AFTER JANUARY 1, 2028, A LOCAL JURISDICTION T HAT DOES 17
NOT MEET THE DEADLIN E UNDER SUBSECTION (G)(1) OF THIS SECTION OR A FTER 18
THE EXPIRATION OF ANY EX TENSION GRANTED UNDE R SUBSECTION (H) OF THIS 19
SECTION MAY NOT PROP OSE AN AMENDMENT OR REFINEMENT UNDER SUB SECTION 20
(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
adopted program; or 33
HOUSE BILL 233 27
2. Propose the use of a part of the remaining growth 1
allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA 2
DESIGNATION MA Y BE GRANTED BY A LO CAL APPROVING AUTHOR ITY ON PROOF OF 3
MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION: 4
(I) CONFORMS TO THE STATE CRITICAL AREA M APPING 5
CRITERIA; 6
(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN 7
EXISTENCE AS OF DECEMBER 1, 1985; OR 8
2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO 9
REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E 10
TIME OF THE REMAPPIN G; AND 11
(III) FOLLOWS THE LOCAL JUR ISDICTION’S DOCUMENTED 12
MAPPING METHODOLOGY FOR CRITICAL AREA CL ASSIFICATIONS AT THE TIME OF 13
ORIGINAL PROGRAM ADO PTION; AND 14
(IV) IS CONSISTENT WITH TH E PURPOSES, POLICIES, AND GOALS 15
OF THIS SUBTITLE AND ALL CRITERIA OF THE COMMISSION. 16
(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP 17
AMENDMENT : 18
(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN 19
THE ADOPTED PROGRAM ; 20
(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH 21
ALLOCATION IN ACCORD ANCE WITH THE ADOPTE D PROGRAM; OR 22
(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER 23
AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A 24
RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A 25
RESOURCE CONSERVATIO N AREA. 26
[(i)] (L) A program may not be amended except with the approval of the 27
Commission. 28
[(j)] (M) The Commission shall approve programs and program amendments 29
that meet: 30
(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this 31
subtitle; and 32 28 HOUSE BILL 233
(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 HOUSE BILL 233 29
proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES, 1
AN EXTENSION . 2
(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE 3
CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130 4
days, the proposed program amendment is deemed approved. 5
(2) The Commission shall determine if the proposed amendment is 6
consistent with the purposes, policies, goals, and the provisions of this subtitle, and all 7
criteria of the Commission. 8
(3) In accordance with the Commission’s determination in paragraph (2) of 9
this subsection, the Commission shall: 10
(i) Approve the proposed program amendment and notify the local 11
jurisdiction; 12
(ii) Deny the proposed program amendment; 13
(iii) Approve the proposed program amendment subject to one or 14
more conditions; or 15
(iv) Return the proposed program amendment to the local 16
jurisdiction with a list of the changes to be made. 17
(4) If the Commission approves a proposed program amendment subject to 18
one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall 19
notify the Commission within 60 days of its intent to adopt the conditions. 20
(5) The local jurisdiction shall incorporate the approved program 21
amendment and any required conditions into the adopted program within 120 days of 22
receiving notice from the Commission that the program amendment has been approved. 23
[(p)] (R) (1) Proposed program refinements shall be determined as provided 24
in this subsection. 25
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 26
change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may 27
determine that the proposed change is a program refinement. [Immediately upon making 28
a determination under this paragraph, the chairman] 29
(II) THE CHAIR shall notify the Commission of that determination 30
AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION 31
REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION . 32
30 HOUSE BILL 233
[(ii)] (III) If a proposed change that was specifically submitted as a 1
program refinement is not acted on by the [chairman] CHAIR within the 30–day period, 2
the Commission shall notify the appropriate local jurisdiction that the proposed change has 3
been deemed to be a program amendment. 4
(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S 5
determination only at the first Commission meeting where a quorum is present following 6
the [chairman’s determination] CHAIR’S NOTIFICATION TO TH E COMMISSION. 7
(ii) If the [chairman’s] CHAIR’S determination is overridden, the 8
proposed change is deemed a program amendment, which shall be decided by the 9
Commission in accordance with the procedures for program amendments provided in this 10
section, except that the Commission shall act on the program amendment within [60] 90 11
days after a vote to override the [chairman] CHAIR. 12
(iii) If the [chairman’s] CHAIR’S determination is not overridden, 13
within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision 14
under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall: 15
1. Determine if the program refinement is consistent with 16
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 17
Commission; and 18
2. A. Approve the proposed program refinement and 19
notify the local jurisdiction; 20
B. Deny the program refinement; 21
C. Approve the proposed program refinement subject to one 22
or more conditions; or 23
D. Return the proposed program refinement back to the local 24
jurisdiction with a list of the changes to be made. 25
(iv) If the [Commission] CHAIR approves a proposed program 26
refinement subject to one or more conditions under item (iii)3 of this paragraph, the local 27
jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions. 28
(4) A local jurisdiction shall incorporate an approved program refinement 29
and any required conditions into its adopted program within 120 days of receiving notice 30
from the [chairman] CHAIR that the program refinement has been approved. 31
[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all 32
proposed program amendments or program refinements required for a specific project 33
approval into a single request to the Commission for program amendment, program 34
refinement, or both. 35 HOUSE BILL 233 31
(ii) The Commission shall ensure that any requests received in 1
accordance with this paragraph are consistent with the purposes, policies, goals, and 2
provisions of this subtitle, and all criteria of the Commission. 3
(2) A project for which a local jurisdiction requests growth allocation may 4
be submitted as a proposed program amendment, program refinement, or both. 5
(3) Approval by the Commission of a program amendment, program 6
refinement, or both does not affect the Commission’s authority to receive notice of or 7
intervene in a project approval that was not specifically approved by the Commission as 8
part of its approval of a program amendment or program refinement. 9
[(r)] (T) Within 6 months after the adoption of amended criteria, a local 10
jurisdiction shall send to the Commission: 11
(1) Proposed program amendments or program refinements that address 12
the amended criteria; or 13
(2) A statement describing how the adopted program conforms to the 14
amended criteria and certifying that the adopted program is consistent with the amended 15
criteria. 16
[(s)] (U) If the Commission adopts a regulation concerning the use of the growth 17
allocation, any use of the growth allocation must be in accordance with that regulation for 18
the change to be considered a program refinement. 19
8–1810. 20
(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED 21
PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE: 22
(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPDATE TO THE 23
LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR 24
(2) (1) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM IF A 25
LOCAL JURISDICTION F AILS TO UPDATE AN AD OPTED PROGRAM AFTER THE 26
DEADLINE UNDER § 8–1809(G)(1) OF THIS SUBTITLE OR AFTER THE EXPIRATION OF 27
AN EXTENSION GRANTED UNDER § 8–1809(H) OF THIS SUBTITLE , THE COMMISSION 28
SHALL MAKE A GOOD FA ITH EFFORT TO NOTIFY THE LOCAL JURISDICTI ON THAT ITS 29
PROGRAM NEEDS TO BE UPDATED BY AT LEAST 4 DOCUMENTED NOTIFICAT ION 30
ATTEMPTS OVER A 3–YEAR PERIOD. 31
32 HOUSE BILL 233
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 1
LOCAL JURISDICTION S HALL ADOPT AN UPDATE TO THE PROGRAM WITHI N 2 YEARS 2
OF THE LAST NOTICE F ROM THE COMMISSION. 3
(II) THE COMMISSION MAY UPDATE THE PROGRAM IF THE 4
LOCAL JURISDICTION F AILS TO UPDATE ITS PROG RAM WITHIN THE 2–YEAR PERIOD. 5
8–1811. 6
(b) (2) From the date designated by the Commission in approving or adopting 7
a program, an applicant for project approval or the local agency authorized to grant project 8
approval on an application in any of the identified classes shall send to the Commission in 9
accordance with the regulations and any other instructions of the Commission, a copy of 10
every pending or new application for approval that is in any of the identified classes. Before 11
the close of the fifth business day after receipt of a copy of an application from [the applicant 12
or] the local approving authority, the Commission shall send written notice of receipt to the 13
applicant and to the local approving authority. A failure of the Commission to send a timely 14
notice shall render paragraph (3) of this subsection inapplicable as to that application. 15
8–1812. 16
(a) After the Commission has approved or adopted a program, the [chairman] 17
CHAIR of the Commission has standing and the right and authority to initiate or intervene 18
in any administrative, judicial, or other original proceeding or appeal in this State 19
concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal 20
Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority 21
without first obtaining approval from the Commission, but the [chairman] CHAIR shall 22
send prompt written notice of any intervention or initiation of action under this section to 23
each member of the Commission. The [chairman] CHAIR shall withdraw the intervention 24
or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at 25
least 13 members indicate disapproval of the action, either in writing addressed to the 26
[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the 27
local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request 28
a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action. 29
(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general 30
laws and rules of procedure that govern the time within and manner in which the authority 31
granted in subsection (a) of this section may be exercised. 32
(c) The [chairman] CHAIR may appeal an action or decision even if the 33
[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or 34
decision. 35
8–1813.1. 36
HOUSE BILL 233 33
(d) A local jurisdiction may include in the jurisdiction’s local critical area 1
protection program, to be approved by the Commission, an alternative buffer provision for 2
the development of a planned unit development in accordance with the planned unit 3
development’s Step III approval, provided that: 4
(5) At least 75% of the dwelling units in the planned unit development 5
comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a 6
buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal 7
wetlands, or tributary streams. 8
8–1814. 9
(a) After 760 days have elapsed from the date upon which criteria adopted by the 10
Commission become effective, any State or local agency that proposes development which 11
has not been subject to project approval by the local jurisdiction under an approved 12
program, including buildings, treatment plants, roads, railroads, and airports, in the 13
Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall, 14
before the State or local agency begins the development, receive the approval of the 15
Commission in accordance with procedures or exceptions set forth in regulations adopted 16
by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this 17
subtitle. These regulations shall be adopted on or before September 1, 1987, and only after 18
consultation with affected State and local agencies. 19
(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult 20
with the Commission in making consistency determinations under the Federal Coastal 21
Zone Management Program. 22
8–1815. 23
(a) (2) (i) A person who violates a provision of an order, permit, plan, local 24
program, this subtitle, or regulations adopted, approved, or issued under the authority of 25
this subtitle shall be: 26
1. Subject to prosecution or suit in circuit court or District 27
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 28
remedies afforded by State or local law; 29
(3) A local authority may request: 30
(ii) That the [chairman] CHAIR refer an enforcement action to the 31
Attorney General. 32
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 33
is failing to enforce the requirements of a program applicable to a particular development, 34
the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within 35
30 days after service of the notice, the local authorities have failed to initiate an action to 36 34 HOUSE BILL 233
remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney 1
General. 2
(e) Notwithstanding any other provision of this section, whenever a development 3
in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area 4
is proceeding in violation of approved project plans and threatens to immediately and 5
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 6
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 7
the violation and, as appropriate, to compel restoration of any land or water areas affected 8
by the development. 9
8–1815.1. 10
(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake 11
Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local 12
critical area program or of regulations adopted by the Commission, the [chairman] CHAIR 13
may bring an action, or the local jurisdiction may bring an action or request that the 14
[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an 15
action: 16
(1) To require the person to replant trees where the cutting or clearing 17
occurred in accordance with a plan prepared by the State Forester, a registered professional 18
forester, or a registered landscape architect; 19
(2) To restrain the planned violation; or 20
(3) For damages: 21
(i) To be assessed by a circuit court in an amount equal to the 22
estimated cost of replanting trees; and 23
(ii) To be paid to the Department by the person found to have 24
violated the provisions of this subsection. 25
(c) If the [chairman] CHAIR of the Commission has reason to believe that the 26
local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 27
[chairman] CHAIR shall refer the matter to the Attorney General as provided under § 28
8–1815(b) of this subtitle. 29
(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation 30
under subsection (c) of this section to the Attorney General, the Attorney General may 31
invoke the remedies available to the local jurisdiction under subsection (b) of this section 32
in any court of competent jurisdiction in which the local jurisdiction would be authorized to 33
prosecute or sue. 34
HOUSE BILL 233 35
(e) On the request of a local jurisdiction or the [chairman] CHAIR of the 1
Commission, the State Forester, a registered professional forester, or a registered 2
landscape architect may prepare, oversee, and approve the final implementation of a plan 3
to: 4
(1) Replant trees in any part of the Chesapeake Bay Critical Area where 5
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 6
of this section; and 7
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 8
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 9
subsection (b) of this section. 10
[8–1817. 11
(a) By January 1, 1994, the Commission shall adopt criteria that assure the 12
protection of land and water resources in the Critical Area and that shall apply throughout 13
the Critical Area for: 14
(1) Production of oil or natural gas on lands or waters leased by the State; 15
and 16
(2) Exploration or production of oil or natural gas on any lands in the 17
Critical Area. 18
(b) (1) In addition to other applicable provisions of law, an applicant for any 19
production or exploratory drilling that will occur on, in, under, or through the Critical Area, 20
including wells drilled outside the Critical Area by a method known as slant drilling that 21
will pass through the Critical Area, shall complete and submit with the application an 22
environmental impact study that addresses the potential for any adverse environmental 23
effects on the Critical Area as a result of the drilling. 24
(2) (i) The Department shall forward a copy of the permit application 25
and the environmental impact study referred to in paragraph (1) of this subsection to the 26
Commission for its review and comment. 27
(ii) The Department shall consider and comment in writing on the 28
objections and concerns of the Commission before issuing a permit under this subsection.] 29
SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide 30
base map project, as specified under Section 3 of Chapter 119 of the Acts of the General 31
Assembly of 2008, the process for updating the map shall proceed as follows: 32
(1) in accordance with the following requirements and conditions, the 33
Critical Area Commission, with the assistance of the Department of Natural Resources and 34
the Department of the Environment, shall prepare an update to the statewide base map at 35 36 HOUSE BILL 233
appropriate intervals, but not less than every 8 years, that includes a State–determined 1
shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced 2
1,000–foot critical area boundary, as appropriate for integration into a Geographic 3
Information System, under the following standards: 4
(i) the best available imagery of comparable scale shall be used to 5
identify the shoreline and landward boundary of tidal wetlands as part of the map update; 6
(ii) the boundary shall be accurate to a scale of 1:1200; and 7
(iii) the mapped shoreline and landward boundary of tidal wetlands 8
may not be construed to represent an official wetland delineation or to change in any way 9
any statutory provision under Title 16 of the Environment Article, any regulatory provision 10
under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision 11
related to a project–specific wetland delineation that may be necessary and appropriate; 12
(2) a local jurisdiction shall formally adopt its updated critical area map 13
based on the statewide base map within 6 months of its receipt from the Department of 14
Natural Resources and the Commission and may request an extension of time for an 15
additional 6 months if evidence of reasonable progress has been made and is satisfactory 16
to the Commission; 17
(3) the Commission, with the assistance of each local jurisdiction, shall: 18
(i) designate unclassified areas that were not within the original 19
critical area boundary in accordance with the mapping standards set forth under COMAR 20
27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and 21
(ii) identify areas where there appear to be inconsistencies between 22
the statewide base map and the local jurisdiction’s critical area map; 23
(4) a local jurisdiction shall apply the updated State–determined shoreline 24
and landward boundary of tidal wetlands and a digitally generated, georeferenced 25
1,000–foot critical area boundary once it is officially transferred from the Department of 26
Natural Resources and the Commission and shall apply the updates notwithstanding any 27
local approval process; and 28
(5) each local jurisdiction shall ensure that, where applicable, each project 29
submittal uses the updated digitally generated, georeferenced critical area boundary. 30
SECTION 3. AND BE IT FURTHER ENACTED, That: 31
(a) The Department of Natural Resources shall notify the Department of 32
Legislative Services in writing on the date of official completion of the statewide base map 33
project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of 34
2008. 35
HOUSE BILL 233 37
(b) Section 2 of this Act shall take effect 7 days after the Department of Natural 1
Resources provides notice of the official completion of the statewide base map project under 2
subsection (a) of this section. 3
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 4
3 of this Act, this Act shall take effect October 1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.