WES MOORE, Governor Ch. 424
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Chapter 424
(House Bill 233)
AN ACT concerning
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program
– Climate, Equity, and Administrative Provisions
FOR the purpose of altering the standards for membership on the Critical Area
Commission; repealing a certain advisory committee on the Atlantic Coastal Bays
Critical Area Program; authorizing the Commission to adopt regulations governing
the transfer of development rights, fee in lieu payments, the assessment of and
adaption to climate change relevant to of the critical area for climate resiliency,
enhancing resilience in the critical area, and environmental justice and equity
initiatives; establishing certain considerations of climate change, climate resiliency,
and equity as general principles and minimum elements of local programs; requiring
a local program to give consideration to underserved communities when assessing
the suitability of critical areas for certain recreation; requiring local jurisdictions to
consider climate change when approving growth allocation decisions; requiring the
Commission to consider environmental impacts on underserved or overburdened
communities when reviewing growth allocation map amendments; altering certain
resource conservation area density standards and requirements; authorizing the
purchase of transferable development rights for certain intrafamily transfers;
authorizing a certain increase in lot coverage limits under certain circumstances;
altering the process for performing the required local jurisdiction comprehensive
reviews of critical area programs; establishing standards under which a critical area
designation may be changed on proof of mistake and under which a zoning map
amendment may be granted; authorizing the Commission to direct a local
jurisdiction to correct a program deficiency; establishing a certain remedial process
if a local jurisdiction fails to update its critical area program; repealing certain
requirements on oil or natural gas production or exploration in the critical area;
establishing a process for the preparation, distribution, review, refinement, and
formal adoption of the periodic update of statewide base maps; and generally relating
to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program.
BY repealing and reenacting, without amendments,
Article – Business Regulation
Section 19–106(a)(1) and (5)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–701(a)(1), (5), (7), and (8)
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement) Ch. 424 2024 LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c),
8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and
(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii)
and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through
(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b),
8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19.,
8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing
Article – Natural Resources
Section 8–1806(c), 8–1809(k), and 8–1817
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
Preamble
WHEREAS, Following extensive research and the issuance of a report by the U.S.
Environmental Protection Agency that clearly demonstrated the alarming extent of
degradation of the Chesapeake Bay, in significant part because of prominent land use and
growth patterns, the Critical Area Commission was created in 1984 in order to preserve
and restore water quality in the State, to maintain valued wildlife habitat, and to
accommodate inevitable growth, and these same legislative concerns were addressed in
2002 when the protections of the Critical Area Program were expanded to include the
Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area
Program; and
WHEREAS, The critical area, which comprises approximately 11% of Maryland’s
land mass, includes the majority of the State’s most ecologically fragile and valuable
properties; and
WHEREAS, From its inception, partnership between State and local government
has been a cornerstone of the Critical Area Program; and
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WHEREAS, To date local critical area programs are operative in Baltimore City, 16
counties, and 47 other municipalities, and critical area issues directly impact at least seven
State departments; and
WHEREAS, After nearly 40 years of operation, the Critical Area Program has
effectively influenced thousands of land use decisions, addressed and minimized the
adverse impacts of growth associated with hundreds of requests for growth allocation, and
represented a comprehensive effort between the State and local governments to enforce a
variety of water quality and habitat protection standards; and
WHEREAS, Despite these efforts, additional measures are necessary to enhance a
cooperative land use and natural resource management program that will restore the
quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal
tributaries, and associated land–based ecosystems; and
WHEREAS, As a member of the Maryland Commission on Climate Change, the
Critical Area Commission is charged with recommending short and long–term strategies
and initiatives to better mitigate, prepare for, and adapt to the consequences of climate
change; and
WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s
water quality resources and the loss of valuable shoreline areas due to erosion, sea level
rise, and climate change, the Critical Area Commission has a significant role in ensuring
the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent
resource lands and wildlife habitats to the rapidly evolving climate realities; and
WHEREAS, To address the increasing effects on water quality from more frequent
and higher–intensity storms, to adjust conservation programs and techniques to the
shifting realities of species and habitats, and to accommodate appropriate levels and
locations for growth within the critical area, improvements to the Critical Area Program
are in order at this time; and
WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area
Commission ensure the equitable distribution of the environmental benefits and burdens
of development, restoration, and mitigation within the critical area and, in doing so, the
Commission must also ensure equitable representation and participation in its processes;
now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
19–106.
(a) (1) In this section the following words have the meanings indicated. Ch. 424 2024 LAWS OF MARYLAND
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(5) “Underrepresented community” means a community whose members
self–identify:
(i) as Black, African American, Hispanic, Latino, Asian, Pacific
Islander, Native American, Native Hawaiian, or Alaska Native; or
(ii) with one or more of the racial or ethnic groups listed in item (i)
of this paragraph.
Article – Environment
1–701.
(a) (1) In this section the following words have the meanings indicated.
(5) “Environmental justice” means equal protection from environmental
and public health hazards for all people regardless of race, income, culture, and social
status.
(7) “Overburdened community” means any census tract for which three or
more of the following environmental health indicators are above the 75th percentile
statewide:
(i) Particulate matter (PM) 2.5;
(ii) Ozone;
(iii) National Air Toxics Assessment (NATA) diesel PM;
(iv) NATA cancer risk;
(v) NATA respiratory hazard index;
(vi) Traffic proximity;
(vii) Lead paint indicator;
(viii) National Priorities List Superfund site proximity;
(ix) Risk Management Plan facility proximity;
(x) Hazardous waste proximity;
(xi) Wastewater discharge indicator;
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(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO);
(xiii) Percent of the population lacking broadband coverage;
(xiv) Asthma emergency room discharges;
(xv) Myocardial infarction discharges;
(xvi) Low–birth–weight infants;
(xvii) Proximity to emitting power plants;
(xviii) Proximity to a Toxic Release Inventory (TRI) facility;
(xix) Proximity to a brownfields site;
(xx) Proximity to mining operations; and
(xxi) Proximity to a hazardous waste landfill.
(8) “Underserved community” means any census tract in which, according
to the most recent U.S. Census Bureau Survey:
(i) At least 25% of the residents qualify as low–income;
(ii) At least 50% of the residents identify as nonwhite; or
(iii) At least 15% of the residents have limited English proficiency.
Article – Natural Resources
8–1801.
(a) The General Assembly finds and declares that:
(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries
are natural resources of great significance to the State and the nation, and their beauty,
their ecological value, and their economic impact all reach far beyond any one local
jurisdiction;
(2) The shoreline and adjacent lands, particularly the buffer areas,
constitute a valuable, fragile, and sensitive part of this estuarine system, where human
activity can have a particularly immediate and adverse impact on water quality and
natural habitats;
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(3) The capacity of these shoreline and adjacent lands to withstand
continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to
water quality and natural habitats is limited;
(4) Human activity is harmful in these shoreline areas, where the new
development of nonwater–dependent structures AND USES or an increase in lot coverage
is presumed to be contrary to the purpose of this subtitle, because these activities may
cause OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the
Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to
maintain a buffer of at least 100 feet landward from the mean high water line of tidal
waters, tributary streams, and tidal wetlands;
(5) National studies have documented that the quality and productivity of
the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative
effects of human activity that have caused increased levels of pollutants, nutrients, and
toxics in the Bay system and declines in more protective land uses such as forestland and
agricultural land in the Bay region;
(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and
their tributaries within Maryland are particularly stressed by the continuing population
growth and development activity concentrated in the Baltimore–Washington metropolitan
corridor and along the Atlantic Coast;
(7) The quality of life for the citizens of Maryland is enhanced through the
restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic
Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS
ARE DISTRIBUTED EQUI TABLY;
(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and
their tributaries is dependent, in part, on minimizing further adverse impacts to the water
quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE
RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the
buffer;
(9) The cumulative impact of current development and of each new
development activity in the buffer is inimical to these purposes, and it is therefore
imperative that State law protect irreplaceable State buffer resources from unpermitted
activity; [and]
(10) There is a critical and substantial State interest for the benefit of
current and future generations in fostering more sensitive development and more effective
enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake
and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water
quality and natural habitats;
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(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN
DEVELOPING POLICIES AND STR ATEGIES TO BETTER MI TIGATE, PREPARE FOR , AND
ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S
SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE ,
PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND
TO ENHAN CE THE RESILIENCE OF THE STATE’S SHORELINES BY IDEN TIFYING,
RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED
FEATURES;
(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN
ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AN D BURDENS OF
DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE
STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND
PARTICIPATION IN THE SE PROCESSES; AND
(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE
DEVELOPMENT IS C OMPATIBLE WITH PROJE CTED CLIMATE IMPACTS AND COASTAL
HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY .
(b) It is the purpose of the General Assembly in enacting this subtitle:
(1) To establish a Resource Protection Program for the Chesapeake and the
Atlantic Coastal Bays and their tributaries by fostering more sensitive development
activity for certain shoreline areas so as to minimize damage to water quality and natural
habitats; and
(2) To implement the Resource Protection Program on a cooperative basis
between the State and affected local governments, with local governments establishing and
implementing their programs in a [consistent and] CONSISTENT, uniform, AND
EQUITABLE manner subject to State and local leadership, criteria, and oversight.
8–1802.
(a) (1) In this subtitle the following words have the meanings indicated.
(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight,
Sinepuxent, Newport, and Chincoteague Bays.
(3) “Atlantic Coastal Bays Critical Area” means the initial planning area
identified under § 8–1807 of this subtitle.
(4) “Buffer” means an existing, naturally vegetated area, or an area
established in vegetation and managed to protect aquatic, wetlands, shoreline, and
terrestrial environments from manmade disturbances.
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(5) “Chesapeake Bay Critical Area” means the initial planning area
identified under § 8–1807 of this subtitle.
(6) (I) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A
NATURAL SYSTEM TO MA INTAIN FUNCTION IN T HE FACE OF STRESSES IMPOSED BY
CLIMATE CHANGE AND TO ADAPT THE NAT URAL SYSTEM TO BE BE TTER PREPARED
FOR FUTURE CLIMATE IMPAC TS.
(II) “CLIMATE RESILIENCY ” INCLUDES ADAPTING A NATURAL
SYSTEM TO BE BETTER PREPARED FOR FUTURE CLIMATE IMPACTS INCL UDING SEA
LEVEL RISE, SALTWATER INTRUSION , WETLAND MIGRATION , STORM SURGE ,
PRECIPITATION–INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS .
(7) “Commission” means the Critical Area Commission for the Chesapeake
and Atlantic Coastal Bays established in this subtitle.
[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the
Atlantic Coastal Bays Critical Area.
[(8)] (9) “Developer” means:
(i) A person who undertakes development as defined in this section;
or
(ii) A person who undertakes development activities as defined in
the criteria of the Commission.
[(9)] (10) “Development” means any activity that materially affects the
condition or use of dry land, land under water, or any structure.
[(10)] (11) (i) “Dwelling unit” means a single unit providing complete,
independent living facilities for at least one person, including permanent provisions for
sanitation, cooking, eating, sleeping, and other activities routinely associated with daily
life.
(ii) “Dwelling unit” includes a living quarters for a domestic or other
employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker
residence.
(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN §
1–701 OF THE ENVIRONMENT ARTICLE.
(13) (I) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY,
AND FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION OF
RESOURCES BY INSTITUTI ONS OR SYSTEMS . WES MOORE, Governor Ch. 424
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(II) “EQUITY” INCLUDES CONSIDERATI ON OF ENVIRONMENTAL
BURDENS AND BENEFITS , IDENTIFICATION OF IM PACTS AND MITIGATION
OPPORTUNITIES , INCREASED REPRESENTA TION IN PUBLIC PARTI CIPATION, AND
PROVISIONS FOR PUBLI C ACCESS TO WATERWAYS .
[(11)] (14) “Growth allocation” means the number of acres of land in the
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local
jurisdiction may use to create new intensely developed areas and new limited development
areas.
[(12)] (15) “Includes” means includes or including by way of illustration and
not by way of limitation.
[(13)] (16) (i) “Intensely developed area” means an area of at least 20
acres or the entire upland portion of the critical area within a municipal corporation,
whichever is less, where:
1. Residential, commercial, institutional, or industrial
developed land uses predominate; and
2. A relatively small amount of natural habitat occurs.
(ii) “Intensely developed area” includes:
1. An area with a housing density of at least four dwelling
units per acre;
2. An area with public water and sewer systems with a
housing density of more than three dwelling units per acre; or
3. A commercial marina redesignated by a local jurisdiction
from a resource conservation area or limited development area to an intensely developed
area through a mapping correction that occurred before January 1, 2006.
[(14)] (17) “Land classification” means the designation of land in the
Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with
the criteria adopted by the Commission as an intensely developed area or district, a limited
development area or district, or a resource conservation area or district.
[(15)] (18) (i) “Limited development area” means an area:
1. That is developed in low or moderate intensity uses and
contains areas of natural plant and animal habitat; and
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2. Where the quality of runoff has not been substantially
altered or impaired.
(ii) “Limited development area” includes an area:
1. With a housing density ranging from one dwelling unit per
five acres up to four dwelling units per acre;
2. With a public water or sewer system;
3. That is not dominated by agricultural land, wetland,
forests, barren land, surface water, or open space; or
4. That is less than 20 acres and otherwise qualifies as an
intensely developed area under paragraph [(13)] (16) of this subsection.
[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation
with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area
or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located.
[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel
that is:
1. Occupied by a structure, accessory structure, parking
area, driveway, walkway, or roadway; or
2. Covered with gravel, stone, shell, [impermeable] decking,
a paver, permeable pavement, or any manmade material.
(ii) “Lot coverage” includes the ground area covered or occupied by a
stairway or impermeable deck.
(iii) “Lot coverage” does not include:
1. A fence or wall that is less than 1 foot in width that has
not been constructed with a footer;
2. A walkway in the buffer or expanded buffer, including a
stairway, that provides direct access to a community or private pier;
3. A wood mulch pathway; or
4. A PERMEABLE deck [with gaps to allow water to pass
freely].
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(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES
PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES , GEOLOGY, SLOPES,
VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE
AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE.
(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE
NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL
FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND
CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK
REDUCTION.
(II) “NATURE–BASED FEATURES ” INCLUDES LIVING
SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS .
(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN §
1–701 OF THE ENVIRONMENT ARTICLE.
[(18)] (24) (i) “Program” means the critical area protection program of a
local jurisdiction.
(ii) “Program” includes any amendments to the program.
[(19)] (25) (i) “Program amendment” means any change or proposed
change to an adopted program that is not determined by the Commission [chairman]
CHAIR to be a program refinement.
(ii) “Program amendment” includes a change to a zoning map that is
not consistent with the method for using the growth allocation contained in an adopted
program.
[(20)] (26) (i) “Program refinement” means any change or proposed
change to an adopted program that the Commission [chairman] CHAIR determines will
result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal
Bays Critical Area in a manner consistent with the adopted program, or that will not
significantly affect the use of land or water in the critical area.
(ii) “Program refinement” may include:
1. A change to an adopted program that results from State
law;
2. A change to an adopted program that affects local
processes and procedures;
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3. A change to a local ordinance or code that clarifies an
existing provision; and
4. A minor change to an element of an adopted program that
is clearly consistent with the provisions of this subtitle and all of the criteria of the
Commission.
[(21)] (27) (i) “Project approval” means the approval of development,
other than development by a State or local government agency, in the Chesapeake Bay
Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval
authority.
(ii) “Project approval” includes:
1. Approval of PRELIMINARY AND FINA L subdivision plats
and site plans;
2. Inclusion of areas within floating zones;
3. Issuance of variances, special exceptions, and conditional
use permits; and
4. Approval of rezoning.
(iii) “Project approval” does not include building permits.
(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING
CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO
EMERGENCIES .
[(22)] (29) (28) (i) “Resource conservation area” means an area that is
characterized by:
1. Nature dominated environments, such as wetlands,
surface water, forests, and open space; and
2. Resource–based activities, such as agriculture, forestry,
fisheries, or aquaculture.
(ii) “Resource conservation area” includes an area with a housing
density of less than one dwelling per five acres.
[(23)] (30) (29) “Tributary stream” means a perennial stream or an
intermittent stream within the critical area that has been identified by site inspection or
in accordance with local program procedures approved by the Commission. WES MOORE, Governor Ch. 424
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(31) (30) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING
STATED IN § 19–106 OF THE BUSINESS REGULATION ARTICLE.
(32) (31) “UNDERSERVED COM MUNITY” HAS THE MEANING STAT ED
IN § 1–701 OF THE ENVIRONMENT ARTICLE.
8–1804.
(a) (1) The Commission consists of 29 voting members who REFLECT THE
DIVERSITY OF THE STATE AND are appointed by the Governor, as follows:
(i) A full–time [chairman] CHAIR, appointed with the advice and
consent of the Senate, who shall serve at the pleasure of the Governor;
(ii) 13 individuals, appointed with the advice and consent of the
Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction.
At least 1 of these 13 individuals must be an elected or appointed official of a municipality.
These individuals shall serve on the Commission only while they hold local office. Each
shall be selected from certain counties or from municipalities within the counties as follows,
and only after the Governor has consulted with elected county and municipal officials:
1. 1 from each of Baltimore City and Anne Arundel,
Baltimore, and Prince George’s counties;
2. 1 from Harford County or Cecil County;
3. 1 from Kent County or Queen Anne’s County;
4. 1 from Caroline County;
5. 1 from Talbot County or Dorchester County;
6. 1 from Wicomico County or Somerset County;
7. 2 from Calvert County, Charles County, or St. Mary’s
County, both of whom may not be from the same county; and
8. 2 from Worcester County, 1 of whom shall be a resident of
the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic
Coastal Bays Watershed;
(iii) 8 individuals, appointed with the advice and consent of the
Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED
COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are
listed and from which an appointment has not been made under item (ii) of this paragraph Ch. 424 2024 LAWS OF MARYLAND
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and 3 of the 8 members appointed under this item shall be at large members, 1 of whom
shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and
(iv) The Secretaries of Agriculture, Commerce, Housing and
Community Development, the Environment, Transportation, Natural Resources, and
Planning, ex officio, or the designee of the Secretaries.
(c) Except for the [chairman] CHAIR and ex officio State officers or their
representatives:
(1) The term of a member is 4 years;
(2) The terms of members are staggered as required by the terms provided
for members of the Commission on July 1, 1984;
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies;
(4) A member who is appointed after a term is begun serves for the rest of
the term and until a successor is appointed and qualifies;
(5) A member may serve no more than 2 terms; and
(6) Any member of the Commission appointed by the Governor who shall
fail to attend at least 60% of the meetings of the Commission during any period of 12
consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall
forward the member’s name to the Governor, not later than January 15 of the year following
the nonattendance with the statement of the nonattendance, and the Governor shall
appoint a successor for the remainder of the term. If the member has been unable to attend
meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor
may waive the resignation if the reasons are made public.
8–1805.
(b) (1) The [chairman] CHAIR with the approval of the Commission shall
appoint an Executive Director for the Commission.
(2) The Executive Director serves at the pleasure of the [chairman] CHAIR
and is entitled to the salary provided in the State budget.
(c) The Attorney General shall designate an assistant Attorney General to advise
and represent the [chairman] CHAIR and the Commission.
8–1806.
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(a) The Commission has all powers necessary for carrying out the purposes of this
subtitle, including the following:
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative
Procedure Act) of the State Government Article, to adopt and amend regulations as
authorized under this subtitle for the administration and enforcement of the State and local
programs;
(2) To conduct hearings in connection with policies, proposed programs,
and proposed regulations or amendments to regulations; AND
(3) To contract for consultant or other services[; and
(4) To establish an advisory committee, composed of members of the
Commission and local citizens and local stakeholder groups, to make recommendations to
the Commission with respect to Atlantic Coastal Bays Critical Area programs].
(b) Regulations adopted or amended under subsection (a)(1) of this section shall:
(1) Establish comprehensive standards and procedures for:
(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ;
(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION
activities on the buffer;
(x) Development in the critical area, with respect to:
1. Clearing, grading, and construction activity;
2. Clustering to promote conservation of natural site
features;
3. THE TRANSFER OF DEVEL OPMENT RIGHTS ;
4. Flexibility for redevelopment;
[4.] 5. Stormwater management;
[5.] 6. Application of the 10% pollutant reduction rule;
[6.] 7. Forest and developed woodlands protections;
[7.] 8. Clearing of natural vegetation;
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[8.] 9. Lot coverage standards;
[9.] 10. Commission review of local provisions for lot
consolidation; and
[10.] 11. The exclusion of State tidal wetlands from
calculations of density, forest and developed woodlands protections, limitations on clearing
natural vegetation, and lot coverage standards;
(xiv) Directives for local program development and implementation,
with respect to:
4. Reporting requirements, INCLUDING ACCOUNTING OF
FEE IN LIEU FUNDS ;
(xv) In consultation with the Department of the Environment,
surface mining in the critical area; [and]
(xvi) The application for and processing of a variance, with respect to:
6. Notice of a variance decision; [and]
(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO
CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION ,
STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME
WEATHER EVENTS FOR CLIMATE RESILIENCY ;
(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA
BY PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED
FEATURES; AND
(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES THAT:
1. ADDRESS DISPARATE IMP ACTS OF DE VELOPMENT ;
AND
2. ENSURE THE BENEFITS O F DEVELOPMENT ,
RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND
[(c) The members of the Commission who reside in the Atlantic Coastal Bays
Watershed shall serve on any committee established under subsection (a)(4) of this section.]
8–1808.
WES MOORE, Governor Ch. 424
– 17 –
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have
primary responsibility for developing and implementing a program, subject to review and
approval by the Commission.
(2) [(i) The Governor shall include in the budget a sum of money to be
used for grants to reimburse local jurisdictions for the reasonable costs of developing a
program under this section.
(ii) Each local jurisdiction shall submit to the Governor a detailed
request for funds that are equivalent to the additional costs incurred in developing the
program under this section.
(iii) The Governor shall include in the fiscal year 2003 budget a sum
of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays
Critical Area for the reasonable costs of developing a program under this section.
(3)] The Governor shall include in the budget annually a sum of money to
be used for grants to assist local jurisdictions with the reasonable costs of implementing
AND UPDATING a program under this section. Each local jurisdiction shall submit to the
Governor by May 1 of each year a detailed request for funds to assist in the implementation
AND UPDATING of a program under this section.
(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E
IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST
LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AND EQUIT ABLE
PLANNING AND EQUITY PROVISION S REQUIRED UNDER SUB SECTION (C)(1)(III)16
AND 17 OF THIS SECTION INTO AN UPDATED LOCA L PROGRAM.
(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL
SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS
PARAGRAPH .
(III) ON THE REQUEST OF A L OCAL JURISDICTION , THE CHAIR
MAY EXTEND THE DEADL INE UNDER SUBPARAGRA PH (II) OF THIS PARAGRAPH .
(b) A program shall consist of those elements which are necessary or appropriate
TO:
(1) [To minimize] MINIMIZE adverse impacts on water quality that result
from pollutants that are discharged from structures or conveyances or that have run off
from surrounding lands;
(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and]
Ch. 424 2024 LAWS OF MARYLAND
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(3) [To establish] ESTABLISH land use policies for development in the
Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which
accommodate growth and also address the fact that, even if pollution is controlled, the
number, movement, and activities of persons in that area can create adverse environmental
impacts;
(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE
AND INCORPORATE MEAS URES TO IMPROVE THE CLIMATE RESILIENCY OF THE
CHESAPEAKE AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND
(5) ENSURE AN EQUITABLE DISTRIBUTI ON OF THE BURDENS AN D
BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND
ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA .
(c) (1) (iii) At a minimum, a program shall contain all of the following
elements, including:
3. As necessary, new or amended provisions of the
jurisdiction’s:
A. Subdivision regulations;
B. Comprehensive or master plan;
C. [Zoning ordinances] ORDINANCES or regulations THAT
AFFECT DEVELOPMENT I N THE CRITICAL AREA ;
D. Provisions relating to enforcement; and
E. Provisions as appropriate relating to [grandfathering of]
development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or
approved by the Commission, including provisions for bringing lands into conformance with
the Program as required under item 12 of this subparagraph;
6. Establishment of buffer areas along shorelines within
which agriculture will be permitted only if AN AGRICULTURAL best management
[practices are] PRACTICE IS used, provided that structures or any other use of land which
is necessary for adjacent agriculture shall also be permitted in any buffer area;
8. [Designation] ASSESSMENT AND MAP PING of shoreline
areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives,
public access or assembly, and water–related recreation such as boat slips, piers, and
beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITI ES;
WES MOORE, Governor Ch. 424
– 19 –
13. Except as provided in subsection (d) of this section,
provisions for granting a variance to the local jurisdiction’s critical area program, in
accordance with regulations adopted by the Commission concerning variances set forth in
[COMAR 27.01.11] COMAR 27.01.12;
14. Penalty provisions establishing that, in addition to any
other penalty applicable under State or local law, each person who violates a provision of
this subtitle or of a program, including a contractor, property owner, or any other person
who committed, assisted, authorized, or participated in the violation is subject to a fine not
exceeding $10,000; [and]
15. Administrative enforcement procedures in accordance
with due process principles, including notice and an opportunity to be heard, and
establishing that:
A. Each violation of this subtitle or of a regulation, rule,
order, program, or other requirement adopted under the authority of this subtitle
constitutes a separate offense;
B. Each calendar day that a violation continues constitutes a
separate offense;
C. For each offense, a person shall be subject to separate
fines, orders, sanctions, and other penalties;
D. Civil penalties for continuing violations shall accrue
without a requirement for an additional assessment, notice, or opportunity for hearing for
each separate offense;
E. On consideration of all the factors included under this
subsection and any other factors in the local jurisdiction’s approved program, the local
jurisdiction shall impose the amount of the penalty;
F. Satisfaction of all conditions specified under paragraph (4)
of this subsection shall be a condition precedent to the issuance of any permit, approval,
variance, or special exception for the affected property; and
G. Unless an extension of time is appropriate because of
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance,
or special exception for the affected property, any additional mitigation required as a
condition of approval for the permit, approval, variance, or special exception shall be
completed;
16. PROVISIONS FOR:
Ch. 424 2024 LAWS OF MARYLAND
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A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE
CHANGE;
B. MITIGATION AND ADAPTA TION MEASURES THAT
ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING ,
OTHER EXTREME WEATHER EVEN TS, MIGRATING WETLANDS , AND COASTAL
FORESTS; AND
C. ENHANCING THE CLIMATE RESILIENCY OF THE
CRITICAL AREA BY IDE NTIFYING, RESTORING, AND CREATING AND CON SERVING
EXISTING AND PROJECT ED FUTURE NATURAL AN D NATURE–BASED FEATURES ;
17. PROVISIONS FOR:
A. IDENTIFYING UNDERSERV ED AND OVERBURDENED
COMMUNITIES WITHIN T HE CRITICAL AREA ;
B. MEASURES TO ENSURE TH E EQUITABLE
DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION ,
AND MITIGATION WITHI N THE CRITICAL ARE A; AND
C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON
PROCESS;
18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE
WATER, SHORELINE, AND OTHER NATURAL AR EAS FOR UNDERSERVED OR
OVERBURDENED COMMUNI TIES; AND
19. METHODS TO ENSURE EFF ECTIVE ALLOCATIO N,
ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS.
(4) A local jurisdiction may not issue a permit, approval, variance, or
special exception THAT IS SUBJECT TO T HE VIOLATION, unless the person seeking the
permit, approval, variance, or special exception has:
(i) Fully paid all administrative, civil, and criminal penalties
imposed under paragraph (1)(iii)15 of this subsection;
(ii) Prepared a restoration or mitigation plan, approved by the local
jurisdiction, to abate impacts to water quality or natural resources as a result of the
violation; and
(iii) Performed the abatement measures in the approved plan in
accordance with the local critical area program. WES MOORE, Governor Ch. 424
– 21 –
8–1808.1.
(c) (2) When locating new intensely developed or limited development areas,
local jurisdictions shall use the following standards:
(i) Locate a new intensely developed area in a limited development
area or adjacent to an existing intensely developed area;
(ii) Locate a new limited development area adjacent to an existing
limited development area or an intensely developed area;
(iii) Locate a new limited development area or an intensely developed
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR
27.01.09, and in an area and manner that optimizes benefits to water quality;
(iv) Locate a new intensely developed area or a limited development
area in a resource conservation area at least 300 feet beyond the landward edge of tidal
wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission
approves, alternative measures for enhancement of water quality and habitat that provide
greater benefits to the resources;
(v) Locate new intensely developed areas and limited development
areas in a manner that minimizes their impacts to the defined land uses of the resource
conservation area;
(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED
DEVELOPMENT AREAS OU TSIDE OF AREAS VULNE RABLE TO CLIMATE CHA NGE
UNLESS THE LOCAL JUR ISDICTION PROPOSES A ND THE COMMISSION APPROVES:
1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS
VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF
THIS SUBTITLE; AND
2. MEASURES THAT :
A. ASSESS CLIMATE RESILI ENCY AND VULNERABILI TY;
AND
B. INCORPORATE S ITING, DESIGN, CONSTRUCTION , AND
OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE CLIMATE RESILIENCY
AND REDUCE VULNERABI LITY;
Ch. 424 2024 LAWS OF MARYLAND
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(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more
than one–half of the expansion allocated in the criteria of the Commission may be located
in resource conservation areas;
[(vii)] (VIII) New intensely developed or limited development areas
involving the use of growth allocation shall conform to all criteria of the Commission and
shall be designated on the comprehensive zoning map submitted by the local jurisdiction
as part of its application to the Commission for program approval or at a later date in
compliance with § 8–1809(g) of this subtitle; and
[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent,
Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the
county is unable to utilize a portion of the growth allocated to the county in items (i) and
(ii) of this paragraph within or adjacent to existing intensely developed or limited
development areas as demonstrated in the local plan approved by the Commission, then
that portion of the allocated expansion which cannot be so located may be located in the
resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this
paragraph. A developer shall be required to cluster any development in an area of
expansion authorized under this paragraph.
(4) In reviewing map amendments or refinements involving the use of
growth allocation, the Commission shall consider the following factors:
(vi) Environmental impacts associated with wastewater and
stormwater management practices and wastewater and stormwater discharges to tidal
waters, tidal wetlands, and tributary streams; [and]
(vii) Environmental impacts associated with location in a coastal
hazard area or an increased risk of severe flooding attributable to the proposed
development; AND
(VIII) ENVIRONMENTAL IMPACTS ON UNDERSERVED OR
OVERBURDENED COMMUNI TIES.
(e) (1) Except as authorized under paragraph (2) of this subsection, in
calculating the 1–in–20 acre density of development that is permitted on a parcel located
within the resource conservation area, a local jurisdiction:
(i) Shall count each dwelling unit; and
(ii) May permit the area of any private wetlands located on the
property to be included, under the following conditions:
WES MOORE, Governor Ch. 424
– 23 –
1. [The density of development on the upland portion of the
parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF
DEVELOPMENT RIGHTS ; and
2. The area of private wetlands shall be [estimated on the
basis of vegetative information as designated on the State wetlands maps] FIELD
DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER .
(2) (i) Within a resource conservation area, a local jurisdiction may
consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit
for the purpose of the density calculation under this subsection if the additional dwelling
unit:
1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITIC AL
AREA DEVELOPMENT STA NDARDS; AND
2. A. I. Is located within the primary dwelling unit
or its entire perimeter is within 100 feet of the primary dwelling unit; AND
[B.] II. Does not exceed 900 square feet in total enclosed
area; and OR
[C.] III. Is served by the same sewage disposal system as the
primary dwelling unit; or
[2. A.] B. I. Is located within the primary dwelling unit;
OR AND
[B.] II. By its construction, does not increase the amount of
lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900
SQUARE FEET ; and
[C.] III. Is served by the same sewage disposal system as the
primary dwelling unit.
(ii) The provisions of this paragraph may not be construed to require
a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling
unit for the purpose of the density calculation under this subsection.
(iii) An additional dwelling unit meeting all the criteria under
subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not
be subdivided or conveyed separately from the primary dwelling unit.
(3) [The provisions of this subsection:
Ch. 424 2024 LAWS OF MARYLAND
– 24 –
(i) Apply to density calculations only; and
(ii) May not be construed to authorize a local jurisdiction to grant a
variance, unless the variance is granted in accordance with the requirements of § 8–1808(d)
of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET
SHALL COUNT TOWARDS THE DENSITY CALCULAT ION.
8–1808.2.
(f) (1) As a condition of approval, a local jurisdiction shall require that:
(i) Any deed for a lot that is created by a bona fide intrafamily
transfer shall contain a covenant stating that the lot is created subject to the provisions of
this section; and
(ii) A lot created by a bona fide intrafamily transfer may not be
conveyed subsequently to any person other than a member of the owner’s immediate family,
except under procedures established pursuant to subsection (g) of this section OR
THROUGH THE PURCHASE OF A TRANSFERABLE DE VELOPMENT RIGHT .
(2) This subsection does not prevent the conveyance of the lot to a third
party as security for a mortgage or deed of trust.
8–1808.3.
(b) Lot coverage in the buffer may not exceed the minimum amount necessary for
water–dependent [facilities] USES, regardless of the critical area classification or the size
of the parcel or lot, except:
(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped
or established under an approved local program;
(2) For a variance granted in accordance with this subtitle; or
(3) As provided in a waterfront revitalization area or a waterfront
industrial area under a local program.
(f) A local jurisdiction may allow a property owner to exceed the lot coverage
limits provided in subsection (d)(2) and (3) of this section if the following conditions exist:
(1) Lot coverage associated with new development activities on the
property has been minimized;
(2) For a lot or parcel one–half acre or less in size, total lot coverage does
not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500
square feet, whichever is greater; WES MOORE, Governor Ch. 424
– 25 –
(3) For a lot or parcel greater than one–half acre and less than one acre in
size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section
or 5,445 square feet, whichever is greater;
(4) Water quality impacts associated with runoff from new development
activities that contribute to lot coverage can be and have been minimized through site
design considerations or use of best management practices approved by the local
jurisdiction to improve water quality; [and]
(5) The property owner performs on–site mitigation as required by the local
jurisdiction to offset potential adverse water quality impacts from the new development
activities that contribute to lot coverage, or the property owner pays a fee to the local
jurisdiction in lieu of performing the on–site mitigation; AND
(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT
HAVE BEEN APPROVED B Y THE COMMISSION AS PART OF A LOCAL PROGRAM , THE
LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED
BY UP TO 500 SQUARE FEET .
8–1808.10.
(b) (1) Except as provided under subsection (c) of this section, the minimum
buffer shall be:
(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and
(ii) 100 feet LANDWARD from a tributary stream.
8–1809.
(g) Each local jurisdiction shall [review]:
(1) REVIEW its entire program and propose any necessary amendments to
its entire program, including local zoning maps, at least every [6 years. Each local
jurisdiction shall send] 10 YEARS; AND
(2) SEND in writing to the Commission, within 60 days after the
completion of its review, the following information:
[(1)] (I) A statement certifying that the required review has been
accomplished;
[(2)] (II) Any necessary requests for program amendments, program
refinements, or other matters that the local jurisdiction wishes the Commission to consider; Ch. 424 2024 LAWS OF MARYLAND
– 26 –
[(3)] (III) An updated resource inventory; and
[(4)] (IV) A statement quantifying acreages within each land
classification, the growth allocation used, and the growth allocation remaining.
(H) ON REQUEST OF A LOCAL JURIS DICTION AND FOR GOOD CAUSE , THE
COMMISSION MAY SHALL EXTEND THE DEADLINE UNDER SUBSECTION (G) OF THIS
SECTION FOR THAT LOC AL JURISDICTION BY NOT MORE THAN TWO 6–MONTH
EXTENSIONS 1 YEAR.
(I) A ON OR AFTER JANUARY 1, 2028, A LOCAL JURISDICTION THAT DO ES
NOT MEET THE DEADLIN E UNDER SUBSECTION (G)(1) OF THIS SECTION OR A FTER
THE EXPIRATION OF AN Y EXTENSION GRANTED UNDER SUBSECTION (H) OF THIS
SECTION MAY NOT PROP OSE AN AMENDMENT OR REFINEMENT UNDER SUB SECTION
(J) OF THIS SECTION.
[(h)] (J) (1) As often as necessary but not more than 4 times per calendar
year, each local jurisdiction may propose program amendments and program refinements
to its adopted program.
(2) [(i) Except for program amendments or program refinements
developed during program review under subsection (g) of this section, a zoning map
amendment may be granted by a local approving authority only on proof of a mistake in
the existing zoning.
(ii) The requirement in paragraph (2)(i) of this subsection that a
zoning map amendment may be granted only on proof of a mistake does not apply to
proposed changes to a zoning map that:
1. Are wholly consistent with the land classifications in the
adopted program; or
2. Propose the use of a part of the remaining growth
allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA
DESIGNATION MAY BE G RANTED BY A LOCAL AP PROVING AUTHORITY ON PROOF OF
MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION:
(I) CONFORMS TO THE STATE CRITICAL AREA MAPPING
CRITERIA;
(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN
EXISTENCE AS OF DECEMBER 1, 1985; OR
WES MOORE, Governor Ch. 424
– 27 –
2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO
REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E
TIME OF THE REM APPING; AND
(III) FOLLOWS THE LOCAL JUR ISDICTION’S DOCUMENTED
MAPPING METHODOLOGY FOR CRITICAL AREA CL ASSIFICATIONS AT THE TIME OF
ORIGINAL PROGRAM ADO PTION; AND
(IV) IS CONSISTENT WITH TH E PURPOSES, POLICIES, AND GOALS
OF THIS SUBTITLE AND ALL CRITERIA OF THE COMMISSION.
(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP
AMENDMENT :
(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN
THE ADOPTED PROGRAM ;
(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH
ALLOCATION IN ACCO RDANCE WITH THE ADOP TED PROGRAM ; OR
(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER
AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A
RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A
RESOURCE CONSERVATIO N AREA.
[(i)] (L) A program may not be amended except with the approval of the
Commission.
[(j)] (M) The Commission shall approve programs and program amendments
that meet:
(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this
subtitle; and
(2) The criteria adopted by the Commission under § 8–1808 of this subtitle.
[(k) Copies of each approved program, as the program is amended or refined from
time to time, shall be maintained by the local jurisdiction and the Commission in a form
available for public inspection.]
[(l)] (N) (1) If the Commission determines that an adopted program contains
a clear mistake, omission, or conflict with the criteria or law, the Commission may:
(i) Notify the local jurisdiction of the specific deficiency; and Ch. 424 2024 LAWS OF MARYLAND
– 28 –
(ii) [Request] DIRECT that the jurisdiction submit a proposed
program amendment or program refinement to correct the deficiency.
(2) Within 90 days after being notified of any deficiency under paragraph
(1) of this subsection, the local jurisdiction shall submit to the Commission, as program
amendments or program refinements, any proposed changes that are necessary to correct
those deficiencies.
(3) Local project approvals granted under a part of a program that the
Commission has determined to be deficient shall be null and void after notice of the
deficiency.
[(m)] (O) (1) The Commission may adopt regulations that prescribe the
procedures and information requirements for program amendments and program
refinements.
(2) In the absence of regulations under paragraph (1) of this subsection, a
local jurisdiction may propose changes to adopted programs. Within 10 working days of
receiving a proposal under this paragraph, the Commission shall:
(i) [Mail a notification to] NOTIFY IN WRITING the local
jurisdiction that the proposal has been accepted for processing; or
(ii) Return the proposal as incomplete.
[(n)] (P) A local jurisdiction may specify whether it intends a proposed change
to be a program amendment or program refinement. However, the Commission shall treat
a proposed change as a program amendment unless the [chairman] CHAIR determines that
the proposed change is a program refinement.
[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel
shall hold a public hearing in the local jurisdiction, and the Commission shall act on the
proposed program amendment within 130 days of the Commission’s acceptance of the
proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES,
AN EXTENSION .
(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE
CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130
days, the proposed program amendment is deemed approved.
(2) The Commission shall determine if the proposed amendment is
consistent with the purposes, policies, goals, and the provisions of this subtitle, and all
criteria of the Commission.
WES MOORE, Governor Ch. 424
– 29 –
(3) In accordance with the Commission’s determination in paragraph (2) of
this subsection, the Commission shall:
(i) Approve the proposed program amendment and notify the local
jurisdiction;
(ii) Deny the proposed program amendment;
(iii) Approve the proposed program amendment subject to one or
more conditions; or
(iv) Return the proposed program amendment to the local
jurisdiction with a list of the changes to be made.
(4) If the Commission approves a proposed program amendment subject to
one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall
notify the Commission within 60 days of its intent to adopt the conditions.
(5) The local jurisdiction shall incorporate the approved program
amendment and any required conditions into the adopted program within 120 days of
receiving notice from the Commission that the program amendment has been approved.
[(p)] (R) (1) Proposed program refinements shall be determined as provided
in this subsection.
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to
change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may
determine that the proposed change is a program refinement. [Immediately upon making
a determination under this paragraph, the chairman]
(II) THE CHAIR shall notify the Commission of that determination
AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION
REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION .
[(ii)] (III) If a proposed change that was specifically submitted as a
program refinement is not acted on by the [chairman] CHAIR within the 30–day period,
the Commission shall notify the appropriate local jurisdiction that the proposed change has
been deemed to be a program amendment.
(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S
determination only at the first Commission meeting where a quorum is present following
the [chairman’s determination] CHAIR’S NOTIFICATION TO TH E COMMISSION.
(ii) If the [chairman’s] CHAIR’S determination is overridden, the
proposed change is deemed a program amendment, which shall be decided by the Ch. 424 2024 LAWS OF MARYLAND
– 30 –
Commission in accordance with the procedures for program amendments provided in this
section, except that the Commission shall act on the program amendment within [60] 90
days after a vote to override the [chairman] CHAIR.
(iii) If the [chairman’s] CHAIR’S determination is not overridden,
within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision
under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall:
1. Determine if the program refinement is consistent with
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the
Commission; and
2. A. Approve the proposed program refinement and
notify the local jurisdiction;
B. Deny the program refinement;
C. Approve the proposed program refinement subject to one
or more conditions; or
D. Return the proposed program refinement back to the local
jurisdiction with a list of the changes to be made.
(iv) If the [Commission] CHAIR approves a proposed program
refinement subject to one or more conditions under item (iii)3 of this paragraph, the local
jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions.
(4) A local jurisdiction shall incorporate an approved program refinement
and any required conditions into its adopted program within 120 days of receiving notice
from the [chairman] CHAIR that the program refinement has been approved.
[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all
proposed program amendments or program refinements required for a specific project
approval into a single request to the Commission for program amendment, program
refinement, or both.
(ii) The Commission shall ensure that any requests received in
accordance with this paragraph are consistent with the purposes, policies, goals, and
provisions of this subtitle, and all criteria of the Commission.
(2) A project for which a local jurisdiction requests growth allocation may
be submitted as a proposed program amendment, program refinement, or both.
(3) Approval by the Commission of a program amendment, program
refinement, or both does not affect the Commission’s authority to receive notice of or WES MOORE, Governor Ch. 424
– 31 –
intervene in a project approval that was not specifically approved by the Commission as
part of its approval of a program amendment or program refinement.
[(r)] (T) Within 6 months after the adoption of amended criteria, a local
jurisdiction shall send to the Commission:
(1) Proposed program amendments or program refinements that address
the amended criteria; or
(2) A statement describing how the adopted program conforms to the
amended criteria and certifying that the adopted program is consistent with the amended
criteria.
[(s)] (U) If the Commission adopts a regulation concerning the use of the growth
allocation, any use of the growth allocation must be in accordance with that regulation for
the change to be considered a program refinement.
8–1810.
(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED
PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE:
(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPDATE TO THE
LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR
(2) (1) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM IF A
LOCAL JURISDICTION F AILS TO UPDATE AN AD OPTED PROGRAM AFTER THE
DEADLINE UNDER § 8–1809(G)(1) OF THIS SUBTITLE OR AFTER THE EXPIRATION OF
AN EXTENSION GRANTED UNDER § 8–1809(H) OF THIS SUBTITLE , THE COMMISSION
SHALL MAKE A GOOD FA ITH EFFORT TO NOTIFY THE LOCAL JURISDICTI ON THAT ITS
PROGRAM NEEDS TO BE UPDATED BY AT LEAST 4 DOCUMENTED NOTIFICAT ION
ATTEMPTS OVER A 3–YEAR PERIOD.
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
LOCAL JURISDICTION S HALL ADOPT AN UPDATE TO THE PROGRAM WITHI N 2 YEARS
OF THE LAST NOTICE F ROM THE COMMISSION.
(II) THE COMMISSION MAY UPDATE THE PROGRAM IF THE
LOCAL JURISDICTION F AILS TO UPDATE ITS PRO GRAM WITHIN THE 2–YEAR PERIOD.
8–1811.
(b) (2) From the date designated by the Commission in approving or adopting
a program, an applicant for project approval or the local agency authorized to grant project
approval on an application in any of the identified classes shall send to the Commission in Ch. 424 2024 LAWS OF MARYLAND
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accordance with the regulations and any other instructions of the Commission, a copy of
every pending or new application for approval that is in any of the identified classes. Before
the close of the fifth business day after receipt of a copy of an application from [the applicant
or] the local approving authority, the Commission shall send written notice of receipt to the
applicant and to the local approving authority. A failure of the Commission to send a timely
notice shall render paragraph (3) of this subsection inapplicable as to that application.
8–1812.
(a) After the Commission has approved or adopted a program, the [chairman]
CHAIR of the Commission has standing and the right and authority to initiate or intervene
in any administrative, judicial, or other original proceeding or appeal in this State
concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal
Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority
without first obtaining approval from the Commission, but the [chairman] CHAIR shall
send prompt written notice of any intervention or initiation of action under this section to
each member of the Commission. The [chairman] CHAIR shall withdraw the intervention
or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at
least 13 members indicate disapproval of the action, either in writing addressed to the
[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the
local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request
a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action.
(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general
laws and rules of procedure that govern the time within and manner in which the authority
granted in subsection (a) of this section may be exercised.
(c) The [chairman] CHAIR may appeal an action or decision even if the
[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or
decision.
8–1813.1.
(d) A local jurisdiction may include in the jurisdiction’s local critical area
protection program, to be approved by the Commission, an alternative buffer provision for
the development of a planned unit development in accordance with the planned unit
development’s Step III approval, provided that:
(5) At least 75% of the dwelling units in the planned unit development
comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a
buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal
wetlands, or tributary streams.
8–1814.
WES MOORE, Governor Ch. 424
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(a) After 760 days have elapsed from the date upon which criteria adopted by the
Commission become effective, any State or local agency that proposes development which
has not been subject to project approval by the local jurisdiction under an approved
program, including buildings, treatment plants, roads, railroads, and airports, in the
Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall,
before the State or local agency begins the development, receive the approval of the
Commission in accordance with procedures or exceptions set forth in regulations adopted
by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this
subtitle. These regulations shall be adopted on or before September 1, 1987, and only after
consultation with affected State and local agencies.
(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult
with the Commission in making consistency determinations under the Federal Coastal
Zone Management Program.
8–1815.
(a) (2) (i) A person who violates a provision of an order, permit, plan, local
program, this subtitle, or regulations adopted, approved, or issued under the authority of
this subtitle shall be:
1. Subject to prosecution or suit in circuit court or District
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and
remedies afforded by State or local law;
(3) A local authority may request:
(ii) That the [chairman] CHAIR refer an enforcement action to the
Attorney General.
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction
is failing to enforce the requirements of a program applicable to a particular development,
the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within
30 days after service of the notice, the local authorities have failed to initiate an action to
remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney
General.
(e) Notwithstanding any other provision of this section, whenever a development
in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area
is proceeding in violation of approved project plans and threatens to immediately and
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain
the violation and, as appropriate, to compel restoration of any land or water areas affected
by the development.
8–1815.1. Ch. 424 2024 LAWS OF MARYLAND
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(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake
Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local
critical area program or of regulations adopted by the Commission, the [chairman] CHAIR
may bring an action, or the local jurisdiction may bring an action or request that the
[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an
action:
(1) To require the person to replant trees where the cutting or clearing
occurred in accordance with a plan prepared by the State Forester, a registered professional
forester, or a registered landscape architect;
(2) To restrain the planned violation; or
(3) For damages:
(i) To be assessed by a circuit court in an amount equal to the
estimated cost of replanting trees; and
(ii) To be paid to the Department by the person found to have
violated the provisions of this subsection.
(c) If the [chairman] CHAIR of the Commission has reason to believe that the
local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the
[chairman] CHAIR shall refer the matter to the Attorney General as provided under §
8–1815(b) of this subtitle.
(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation
under subsection (c) of this section to the Attorney General, the Attorney General may
invoke the remedies available to the local jurisdiction under subsection (b) of this section
in any court of competent jurisdiction in which the local jurisdiction would be authorized to
prosecute or sue.
(e) On the request of a local jurisdiction or the [chairman] CHAIR of the
Commission, the State Forester, a registered professional forester, or a registered
landscape architect may prepare, oversee, and approve the final implementation of a plan
to:
(1) Replant trees in any part of the Chesapeake Bay Critical Area where
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b)
of this section; and
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of
subsection (b) of this section.
WES MOORE, Governor Ch. 424
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[8–1817.
(a) By January 1, 1994, the Commission shall adopt criteria that assure the
protection of land and water resources in the Critical Area and that shall apply throughout
the Critical Area for:
(1) Production of oil or natural gas on lands or waters leased by the State;
and
(2) Exploration or production of oil or natural gas on any lands in the
Critical Area.
(b) (1) In addition to other applicable provisions of law, an applicant for any
production or exploratory drilling that will occur on, in, under, or through the Critical Area,
including wells drilled outside the Critical Area by a method known as slant drilling that
will pass through the Critical Area, shall complete and submit with the application an
environmental impact study that addresses the potential for any adverse environmental
effects on the Critical Area as a result of the drilling.
(2) (i) The Department shall forward a copy of the permit application
and the environmental impact study referred to in paragraph (1) of this subsection to the
Commission for its review and comment.
(ii) The Department shall consider and comment in writing on the
objections and concerns of the Commission before issuing a permit under this subsection.]
SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide
base map project, as specified under Section 3 of Chapter 119 of the Acts of the General
Assembly of 2008, the process for updating the map shall proceed as follows:
(1) in accordance with the following requirements and conditions, the
Critical Area Commission, with the assistance of the Department of Natural Resources and
the Department of the Environment, shall prepare an update to the statewide base map at
appropriate intervals, but not less than every 8 years, that includes a State–determined
shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced
1,000–foot critical area boundary, as appropriate for integration into a Geographic
Information System, under the following standards:
(i) the best available imagery of comparable scale shall be used to
identify the shoreline and landward boundary of tidal wetlands as part of the map update;
(ii) the boundary shall be accurate to a scale of 1:1200; and
(iii) the mapped shoreline and landward boundary of tidal wetlands
may not be construed to represent an official wetland delineation or to change in any way
any statutory provision under Title 16 of the Environment Article, any regulatory provision Ch. 424 2024 LAWS OF MARYLAND
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under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision
related to a project–specific wetland delineation that may be necessary and appropriate;
(2) a local jurisdiction shall formally adopt its updated critical area map
based on the statewide base map within 6 months of its receipt from the Department of
Natural Resources and the Commission and may request an extension of time for an
additional 6 months if evidence of reasonable progress has been made and is satisfactory
to the Commission;
(3) the Commission, with the assistance of each local jurisdiction, shall:
(i) designate unclassified areas that were not within the original
critical area boundary in accordance with the mapping standards set forth under COMAR
27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and
(ii) identify areas where there appear to be inconsistencies between
the statewide base map and the local jurisdiction’s critical area map;
(4) a local jurisdiction shall apply the updated State–determined shoreline
and landward boundary of tidal wetlands and a digitally generated, georeferenced
1,000–foot critical area boundary once it is officially transferred from the Department of
Natural Resources and the Commission and shall apply the updates notwithstanding any
local approval process; and
(5) each local jurisdiction shall ensure that, where applicable, each project
submittal uses the updated digitally generated, georeferenced critical area boundary.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) The Department of Natural Resources shall notify the Department of
Legislative Services in writing on the date of official completion of the statewide base map
project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of
2008.
(b) Section 2 of this Act shall take effect 7 days after the Department of Natural
Resources provides notice of the official completion of the statewide base map project under
subsection (a) of this section.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect October 1, 2024.
Approved by the Governor, May 9, 2024.