Maryland 2024 Regular Session

Maryland House Bill HB233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 424
2	1
3		-	– 1 –
4		-	Chapter 424
5		-	(House Bill 233)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0233
8	10
9		-	Chesapeake and Atlantic Coastal Bays Critical Area Protection Program
10		-	– Climate, Equity, and Administrative Provisions
	11	+	HOUSE BILL 233
	12	+	M1 (4lr0314)
	13	+	ENROLLED BILL
	14	+	— Environment and Transportation/Education, Energy, and the Environment —
	15	+	Introduced by Chair, Environment and Transportation Committee (By Request –
	16	+	Critical Area Commission)
11	17
12		-	FOR the purpose of altering the standards for membership on the Critical Area
13		-	Commission; repealing a certain advisory committee on the Atlantic Coastal Bays
14		-	Critical Area Program; authorizing the Commission to adopt regulations governing
15		-	the transfer of development rights, fee in lieu payments, the assessment of and
16		-	adaption to climate change relevant to of the critical area for climate resiliency,
17		-	enhancing resilience in the critical area, and environmental justice and equity
18		-	initiatives; establishing certain considerations of climate change, climate resiliency,
19		-	and equity as general principles and minimum elements of local programs; requiring
20		-	a local program to give consideration to underserved communities when assessing
21		-	the suitability of critical areas for certain recreation; requiring local jurisdictions to
22		-	consider climate change when approving growth allocation decisions; requiring the
23		-	Commission to consider environmental impacts on underserved or overburdened
24		-	communities when reviewing growth allocation map amendments; altering certain
25		-	resource conservation area density standards and requirements; authorizing the
26		-	purchase of transferable development rights for certain intrafamily transfers;
27		-	authorizing a certain increase in lot coverage limits under certain circumstances;
28		-	altering the process for performing the required local jurisdiction comprehensive
29		-	reviews of critical area programs; establishing standards under which a critical area
30		-	designation may be changed on proof of mistake and under which a zoning map
31		-	amendment may be granted; authorizing the Commission to direct a local
32		-	jurisdiction to correct a program deficiency; establishing a certain remedial process
33		-	if a local jurisdiction fails to update its critical area program; repealing certain
34		-	requirements on oil or natural gas production or exploration in the critical area;
35		-	establishing a process for the preparation, distribution, review, refinement, and
36		-	formal adoption of the periodic update of statewide base maps; and generally relating
37		-	to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program.
	18	+	Read and Examined by Proofreaders:
38	19
39		-	BY repealing and reenacting, without amendments,
40		-	Article – Business Regulation
41		-	Section 19–106(a)(1) and (5)
42		-	Annotated Code of Maryland
43		-	(2015 Replacement Volume and 2023 Supplement)
	20	+	_______________________________________________
	21	+	Proofreader.
	22	+	_______________________________________________
	23	+	Proofreader.
44	24
45		-	BY repealing and reenacting, without amendments,
46		-	Article – Environment
47		-	Section 1–701(a)(1), (5), (7), and (8)
48		-	Annotated Code of Maryland
49		-	(2013 Replacement Volume and 2023 Supplement) Ch. 424 2024 LAWS OF MARYLAND
	25	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	26
51		-	~~– 2 –~~
	27	+	_______ day of _______________ at ________________________ o’clock, ________M.
52	28
53		-	BY repealing and reenacting, with amendments,
54		-	Article – Natural Resources
55		-	Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c),
56		-	8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and
57		-	(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii)
58		-	and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through
59		-	(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b),
60		-	8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e)
61		-	Annotated Code of Maryland
62		-	(2023 Replacement Volume and 2023 Supplement)
	29	+	______________________________________________
	30	+	Speaker.
63	31
64		-	BY adding to
65		-	Article – Natural Resources
66		-	Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19.,
67		-	8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e)
68		-	Annotated Code of Maryland
69		-	(2023 Replacement Volume and 2023 Supplement)
	32	+	CHAPTER ______
70	33
71		-	BY repealing
72		-	Article – Natural Resources
73		-	Section 8–1806(c), 8–1809(k), and 8–1817
74		-	Annotated Code of Maryland
75		-	(2023 Replacement Volume and 2023 Supplement)
	34	+	AN ACT concerning 1
76	35
77		-	Preamble
	36	+	Chesapeake and Atlantic Coastal Bays Critical Area Protection Program 2
	37	+	– Climate, Equity, and Administrative Provisions 3
78	38
79		-	WHEREAS, Following extensive research and the issuance of a report by the U.S.
80		-	Environmental Protection Agency that clearly demonstrated the alarming extent of
81		-	degradation of the Chesapeake Bay, in significant part because of prominent land use and
82		-	growth patterns, the Critical Area Commission was created in 1984 in order to preserve
83		-	and restore water quality in the State, to maintain valued wildlife habitat, and to
84		-	accommodate inevitable growth, and these same legislative concerns were addressed in
85		-	2002 when the protections of the Critical Area Program were expanded to include the
86		-	Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area
87		-	Program; and
	39	+	FOR the purpose of altering the standards for membership on the Critical Area 4
	40	+	Commission; repealing a certain advisory committee on the Atlantic Coastal Bays 5
	41	+	Critical Area Program; authorizing the Commission to adopt regulations governing 6
	42	+	the transfer of development rights, fee in lieu payments, the assessment of and 7
	43	+	adaption to climate change relevant to of the critical area for climate resiliency, 8
	44	+	enhancing resilience in the critical area, and environmental justice and equity 9
	45	+	initiatives; establishing certain considerations of climate change, climate resiliency, 10
	46	+	and equity as general principles and minimum elements of local programs; requiring 11
	47	+	a local program to give consideration to underserved communities when assessing 12
	48	+	the suitability of critical areas for certain recreation; requiring local jurisdictions to 13
	49	+	consider climate change when approving growth allocation decisions; requiring the 14 2 HOUSE BILL 233
88	50
89		-	WHEREAS, The critical area, which comprises approximately 11% of Maryland’s
90		-	land mass, includes the majority of the State’s most ecologically fragile and valuable
91		-	properties; and
92	51
93		-	WHEREAS, From its inception, partnership between State and local government
94		-	has been a cornerstone of the Critical Area Program; and
95		-	WES MOORE, Governor Ch. 424
	52	+	Commission to consider environmental impacts on underserved or overburdened 1
	53	+	communities when reviewing growth allocation map amendments; altering certain 2
	54	+	resource conservation area density standards and requirements; authorizing the 3
	55	+	purchase of transferable development rights for certain intrafamily transfers; 4
	56	+	authorizing a certain increase in lot coverage limits under certain circumstances; 5
	57	+	altering the process for performing the required local jurisdiction comprehensive 6
	58	+	reviews of critical area programs; establishing standards under which a critical area 7
	59	+	designation may be changed on proof of mistake and under which a zoning map 8
	60	+	amendment may be granted; authorizing the Commission to direct a local 9
	61	+	jurisdiction to correct a program deficiency; establishing a certain remedial process 10
	62	+	if a local jurisdiction fails to update its critical area program; repealing certain 11
	63	+	requirements on oil or natural gas production or exploration in the critical area; 12
	64	+	establishing a process for the preparation, distribution, review, refinement, and 13
	65	+	formal adoption of the periodic update of statewide base maps; and generally relating 14
	66	+	to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. 15
96	67
97		-	– 3 –
98		-	WHEREAS, To date local critical area programs are operative in Baltimore City, 16
99		-	counties, and 47 other municipalities, and critical area issues directly impact at least seven
100		-	State departments; and
	68	+	BY repealing and reenacting, without amendments, 16
	69	+	Article – Business Regulation 17
	70	+	Section 19–106(a)(1) and (5) 18
	71	+	Annotated Code of Maryland 19
	72	+	(2015 Replacement Volume and 2023 Supplement) 20
101	73
102		-	~~WHEREAS~~, ~~After nearly 40 years of operation~~, ~~the Critical Area Program has~~
103		-	~~effectively influenced thousands of land use decisions, addressed and minimized the~~
104		-	~~adverse impacts of growth associated with hundreds of requests for growth allocation~~, and
105		-	~~represented a comprehensive effort between the State and local governments to enforce a~~
106		-	~~variety of water quality~~ and ~~habitat protection standards;~~ ~~and~~
	74	+	BY repealing and reenacting, without amendments, 21
	75	+	Article – Environment 22
	76	+	Section 1–701(a)(1), (5), (7), and (8) 23
	77	+	Annotated Code of Maryland 24
	78	+	(2013 Replacement Volume and 2023 Supplement) 25
107	79
108		-	WHEREAS, Despite these efforts, additional measures are necessary to enhance a
109		-	cooperative land use and natural resource management program that will restore the
110		-	quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal
111		-	tributaries, and associated land–based ecosystems; and
	80	+	BY repealing and reenacting, with amendments, 26
	81	+	Article – Natural Resources 27
	82	+	Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c), 28
	83	+	8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and 29
	84	+	(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii) 30
	85	+	and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through 31
	86	+	(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b), 32
	87	+	8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e) 33
	88	+	Annotated Code of Maryland 34
	89	+	(2023 Replacement Volume and 2023 Supplement) 35
112	90
113		-	WHEREAS, As a member of the Maryland Commission on Climate Change, the
114		-	Critical Area Commission is charged with recommending short and long–term strategies
115		-	and initiatives to better mitigate, prepare for, and adapt to the consequences of climate
116		-	change; and
	91	+	BY adding to 36
	92	+	Article – Natural Resources 37
	93	+	Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19., 38
	94	+	8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e) 39
	95	+	Annotated Code of Maryland 40
	96	+	(2023 Replacement Volume and 2023 Supplement) 41
117	97
118		-	WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s
119		-	water quality resources and the loss of valuable shoreline areas due to erosion, sea level
120		-	rise, and climate change, the Critical Area Commission has a significant role in ensuring
121		-	the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent
122		-	resource lands and wildlife habitats to the rapidly evolving climate realities; and
	98	+	BY repealing 42 HOUSE BILL 233 3
123	99
124		-	WHEREAS, To address the increasing effects on water quality from more frequent
125		-	and higher–intensity storms, to adjust conservation programs and techniques to the
126		-	shifting realities of species and habitats, and to accommodate appropriate levels and
127		-	locations for growth within the critical area, improvements to the Critical Area Program
128		-	are in order at this time; and
129	100
130		-	WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area
131		-	Commission ensure the equitable distribution of the environmental benefits and burdens
132		-	of development, restoration, and mitigation within the critical area and, in doing so, the
133		-	Commission must also ensure equitable representation and participation in its processes;
134		-	now, therefore,
	101	+	Article – Natural Resources 1
	102	+	Section 8–1806(c), 8–1809(k), and 8–1817 2
	103	+	Annotated Code of Maryland 3
	104	+	(2023 Replacement Volume and 2023 Supplement) 4
135	105
136		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
137		-	That the Laws of Maryland read as follows:
	106	+	Preamble 5
138	107
139		-	Article – Business Regulation
	108	+	WHEREAS, Following extensive research and the issuance of a report by the U.S. 6
	109	+	Environmental Protection Agency that clearly demonstrated the alarming extent of 7
	110	+	degradation of the Chesapeake Bay, in significant part because of prominent land use and 8
	111	+	growth patterns, the Critical Area Commission was created in 1984 in order to preserve 9
	112	+	and restore water quality in the State, to maintain valued wildlife habitat, and to 10
	113	+	accommodate inevitable growth, and these same legislative concerns were addressed in 11
	114	+	2002 when the protections of the Critical Area Program were expanded to include the 12
	115	+	Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area 13
	116	+	Program; and 14
140	117
141		-	19–106.
	118	+	WHEREAS, The critical area, which comprises approximately 11% of Maryland’s 15
	119	+	land mass, includes the majority of the State’s most ecologically fragile and valuable 16
	120	+	properties; and 17
142	121
143		-	(a) (1) In this section the following words have the meanings indicated. Ch. 424 2024 LAWS OF MARYLAND
	122	+	WHEREAS, From its inception, partnership between State and local government 18
	123	+	has been a cornerstone of the Critical Area Program; and 19
144	124
145		-	– 4 –
	125	+	WHEREAS, To date local critical area programs are operative in Baltimore City, 16 20
	126	+	counties, and 47 other municipalities, and critical area issues directly impact at least seven 21
	127	+	State departments; and 22
146	128
147		-	(5) “Underrepresented community” means a community whose members
148		-	self–identify:
	129	+	WHEREAS, After nearly 40 years of operation, the Critical Area Program has 23
	130	+	effectively influenced thousands of land use decisions, addressed and minimized the 24
	131	+	adverse impacts of growth associated with hundreds of requests for growth allocation, and 25
	132	+	represented a comprehensive effort between the State and local governments to enforce a 26
	133	+	variety of water quality and habitat protection standards; and 27
149	134
150		-	(i) as Black, African American, Hispanic, Latino, Asian, Pacific
151		-	Islander, Native American, Native Hawaiian, or Alaska Native; or
	135	+	WHEREAS, Despite these efforts, additional measures are necessary to enhance a 28
	136	+	cooperative land use and natural resource management program that will restore the 29
	137	+	quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal 30
	138	+	tributaries, and associated land–based ecosystems; and 31
152	139
153		-	(ii) with one or more of the racial or ethnic groups listed in item (i)
154		-	of this paragraph.
	140	+	WHEREAS, As a member of the Maryland Commission on Climate Change, the 32
	141	+	Critical Area Commission is charged with recommending short and long–term strategies 33
	142	+	and initiatives to better mitigate, prepare for, and adapt to the consequences of climate 34
	143	+	change; and 35
155	144
156		-	Article – Environment
	145	+	WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s 36
	146	+	water quality resources and the loss of valuable shoreline areas due to erosion, sea level 37
	147	+	rise, and climate change, the Critical Area Commission has a significant role in ensuring 38 4 HOUSE BILL 233
157	148
158		-	1–701.
159	149
160		-	(a) (1) In this section the following words have the meanings indicated.
	150	+	the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent 1
	151	+	resource lands and wildlife habitats to the rapidly evolving climate realities; and 2
161	152
162		-	(5) “Environmental justice” means equal protection from environmental
163		-	and public health hazards for all people regardless of race, income, culture, and social
164		-	status.
	153	+	WHEREAS, To address the increasing effects on water quality from more frequent 3
	154	+	and higher–intensity storms, to adjust conservation programs and techniques to the 4
	155	+	shifting realities of species and habitats, and to accommodate appropriate levels and 5
	156	+	locations for growth within the critical area, improvements to the Critical Area Program 6
	157	+	are in order at this time; and 7
165	158
166		-	(7) “Overburdened community” means any census tract for which three or
167		-	more of the following environmental health indicators are above the 75th percentile
168		-	statewide:
	159	+	WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area 8
	160	+	Commission ensure the equitable distribution of the environmental benefits and burdens 9
	161	+	of development, restoration, and mitigation within the critical area and, in doing so, the 10
	162	+	Commission must also ensure equitable representation and participation in its processes; 11
	163	+	now, therefore, 12
169	164
170		-	(i) Particulate matter (PM) 2.5;
	165	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	166	+	That the Laws of Maryland read as follows: 14
171	167
172		-	~~(ii) Ozone;~~
	168	+	Article – Business Regulation 15
173	169
174		-	~~(iii) National Air Toxics Assessment (NATA) diesel PM;~~
	170	+	19–106. 16
175	171
176		-	(iv) ~~NATA cancer risk;~~
	172	+	(a) (1) In this section the following words have the meanings indicated. 17
177	173
178		-	(v) NATA respiratory hazard index;
	174	+	(5) “Underrepresented community” means a community whose members 18
	175	+	self–identify: 19
179	176
180		-	(vi) Traffic proximity;
	177	+	(i) as Black, African American, Hispanic, Latino, Asian, Pacific 20
	178	+	Islander, Native American, Native Hawaiian, or Alaska Native; or 21
181	179
182		-	(vii) Lead paint indicator;
	180	+	(ii) with one or more of the racial or ethnic groups listed in item (i) 22
	181	+	of this paragraph. 23
183	182
184		-	~~(viii) National Priorities List Superfund site proximity;~~
	183	+	Article – Environment 24
185	184
186		-	~~(ix) Risk Management Plan facility proximity;~~
	185	+	1–701. 25
187	186
188		-	(x) ~~Hazardous waste proximity;~~
	187	+	(a) (1) In this section the following words have the meanings indicated. 26
189	188
190		-	(xi) Wastewater discharge indicator;
191		-	WES MOORE, Governor Ch. 424
	189	+	(5) “Environmental justice” means equal protection from environmental 27
	190	+	and public health hazards for all people regardless of race, income, culture, and social 28
	191	+	status. 29
192	192
193		-	– 5 –
194		-	(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO);
	193	+	(7) “Overburdened community” means any census tract for which three or 30
	194	+	more of the following environmental health indicators are above the 75th percentile 31
	195	+	statewide: 32
	196	+	HOUSE BILL 233 5
195	197
196		-	(xiii) Percent of the population lacking broadband coverage;
197	198
198		-	(~~xiv~~) ~~Asthma emergency room discharges~~;
	199	+	(i) Particulate matter (PM) 2.5; 1
199	200
200		-	(xv) ~~Myocardial infarction discharges~~;
	201	+	(ii) Ozone; 2
201	202
202		-	(~~xvi~~) ~~Low–birth–weight infants~~;
	203	+	(iii) National Air Toxics Assessment (NATA) diesel PM; 3
203	204
204		-	(~~xvii~~) ~~Proximity to emitting power plants~~;
	205	+	(iv) NATA cancer risk; 4
205	206
206		-	(~~xviii~~) ~~Proximity to a Toxic Release Inventory (TRI) facility~~;
	207	+	(v) NATA respiratory hazard index; 5
207	208
208		-	(~~xix~~) Proximity ~~to a brownfields site~~;
	209	+	(vi) Traffic proximity; 6
209	210
210		-	(xx) ~~Proximity to mining operations~~; ~~and~~
	211	+	(vii) Lead paint indicator; 7
211	212
212		-	(~~xxi~~) Proximity ~~to a hazardous waste landfill.~~
	213	+	(viii) National Priorities List Superfund site proximity; 8
213	214
214		-	(8) “Underserved community” means any census tract in which, according
215		-	to the most recent U.S. Census Bureau Survey:
	215	+	(ix) Risk Management Plan facility proximity; 9
216	216
217		-	(i) ~~At least 25% of the residents qualify as low–income~~;
	217	+	(x) Hazardous waste proximity; 10
218	218
219		-	(ii) ~~At least 50% of the residents identify as nonwhite~~; or
	219	+	(xi) Wastewater discharge indicator; 11
220	220
221		-	(~~iii~~) ~~At least 15%~~ ~~of the residents have limited English proficiency.~~
	221	+	(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 12
222	222
223		-	~~Article – Natural Resources~~
	223	+	(xiii) Percent of the population lacking broadband coverage; 13
224	224
225		-	~~8–1801.~~
	225	+	(xiv) Asthma emergency room discharges; 14
226	226
227		-	(a) ~~The General Assembly finds and declares that:~~
	227	+	(xv) Myocardial infarction discharges; 15
228	228
229		-	(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries
230		-	are natural resources of great significance to the State and the nation, and their beauty,
231		-	their ecological value, and their economic impact all reach far beyond any one local
232		-	jurisdiction;
	229	+	(xvi) Low–birth–weight infants; 16
233	230
234		-	(2) The shoreline and adjacent lands, particularly the buffer areas,
235		-	constitute a valuable, fragile, and sensitive part of this estuarine system, where human
236		-	activity can have a particularly immediate and adverse impact on water quality and
237		-	natural habitats;
238		-	Ch. 424 2024 LAWS OF MARYLAND
	231	+	(xvii) Proximity to emitting power plants; 17
239	232
240		-	– 6 –
241		-	(3) The capacity of these shoreline and adjacent lands to withstand
242		-	continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to
243		-	water quality and natural habitats is limited;
	233	+	(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 18
244	234
245		-	(4) Human activity is harmful in these shoreline areas, where the new
246		-	development of nonwater–dependent structures AND USES or an increase in lot coverage
247		-	is presumed to be contrary to the purpose of this subtitle, because these activities may
248		-	cause OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the
249		-	Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to
250		-	maintain a buffer of at least 100 feet landward from the mean high water line of tidal
251		-	waters, tributary streams, and tidal wetlands;
	235	+	(xix) Proximity to a brownfields site; 19
252	236
253		-	(5) National studies have documented that the quality and productivity of
254		-	the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative
255		-	effects of human activity that have caused increased levels of pollutants, nutrients, and
256		-	toxics in the Bay system and declines in more protective land uses such as forestland and
257		-	agricultural land in the Bay region;
	237	+	(xx) Proximity to mining operations; and 20
258	238
259		-	(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and
260		-	their tributaries within Maryland are particularly stressed by the continuing population
261		-	growth and development activity concentrated in the Baltimore–Washington metropolitan
262		-	corridor and along the Atlantic Coast;
	239	+	(xxi) Proximity to a hazardous waste landfill. 21
263	240
264		-	(7) The quality of life for the citizens of Maryland is enhanced through the
265		-	restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic
266		-	Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS
267		-	ARE DISTRIBUTED EQUI TABLY;
	241	+	(8) “Underserved community” means any census tract in which, according 22
	242	+	to the most recent U.S. Census Bureau Survey: 23
268	243
269		-	(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and
270		-	their tributaries is dependent, in part, on minimizing further adverse impacts to the water
271		-	quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE
272		-	RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the
273		-	buffer;
	244	+	(i) At least 25% of the residents qualify as low–income; 24
	245	+	6 HOUSE BILL 233
274	246
275		-	(9) The cumulative impact of current development and of each new
276		-	development activity in the buffer is inimical to these purposes, and it is therefore
277		-	imperative that State law protect irreplaceable State buffer resources from unpermitted
278		-	activity; [and]
279	247
280		-	(10) There is a critical and substantial State interest for the benefit of
281		-	current and future generations in fostering more sensitive development and more effective
282		-	enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake
283		-	and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water
284		-	quality and natural habitats;
285		-	WES MOORE, Governor Ch. 424
	248	+	(ii) At least 50% of the residents identify as nonwhite; or 1
286	249
287		-	– 7 –
288		-	(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN
289		-	DEVELOPING POLICIES AND STR ATEGIES TO BETTER MI TIGATE, PREPARE FOR , AND
290		-	ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S
291		-	SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE ,
292		-	PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND
293		-	TO ENHAN CE THE RESILIENCE OF THE STATE’S SHORELINES BY IDEN TIFYING,
294		-	RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED
295		-	FEATURES;
	250	+	(iii) At least 15% of the residents have limited English proficiency. 2
296	251
297		-	(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN
298		-	ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AN D BURDENS OF
299		-	DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE
300		-	STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND
301		-	PARTICIPATION IN THE SE PROCESSES; AND
	252	+	Article – Natural Resources 3
302	253
303		-	(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE
304		-	DEVELOPMENT IS C OMPATIBLE WITH PROJE CTED CLIMATE IMPACTS AND COASTAL
305		-	HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY .
	254	+	8–1801. 4
306	255
307		-	(b) ~~It is the purpose of~~ the General Assembly ~~in enacting this subtitle~~:
	256	+	(a) The General Assembly finds and declares that: 5
308	257
309		-	(1) ~~To establish a Resource Protection Program for~~ the Chesapeake and the
310		-	~~Atlantic Coastal Bays~~ and their ~~tributaries by fostering more sensitive development~~
311		-	~~activity for certain shoreline areas so as to minimize damage to water quality~~ and ~~natural~~
312		-	~~habitats~~; ~~and~~
	258	+	(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries 6
	259	+	are natural resources of great significance to the State and the nation, and their beauty, 7
	260	+	their ecological value, and their economic impact all reach far beyond any one local 8
	261	+	jurisdiction; 9
313	262
314		-	(2) ~~To implement~~ the ~~Resource Protection Program on a cooperative basis~~
315		-	~~between the State~~ and ~~affected local governments~~, ~~with local governments establishing and~~
316		-	~~implementing their programs in~~ a ~~[consistent and] CONSISTENT, uniform,~~ AND
317		-	~~EQUITABLE manner subject to State and local leadership, criteria, and oversight.~~
	263	+	(2) The shoreline and adjacent lands, particularly the buffer areas, 10
	264	+	constitute a valuable, fragile, and sensitive part of this estuarine system, where human 11
	265	+	activity can have a particularly immediate and adverse impact on water quality and 12
	266	+	natural habitats; 13
318	267
319		-	8–1802.
	268	+	(3) The capacity of these shoreline and adjacent lands to withstand 14
	269	+	continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to 15
	270	+	water quality and natural habitats is limited; 16
320	271
321		-	(a) (1) In this subtitle the following words have the meanings indicated.
	272	+	(4) Human activity is harmful in these shoreline areas, where the new 17
	273	+	development of nonwater–dependent structures AND USES or an increase in lot coverage 18
	274	+	is presumed to be contrary to the purpose of this subtitle, because these activities may 19
	275	+	cause OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the 20
	276	+	Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to 21
	277	+	maintain a buffer of at least 100 feet landward from the mean high water line of tidal 22
	278	+	waters, tributary streams, and tidal wetlands; 23
322	279
323		-	(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight,
324		-	Sinepuxent, Newport, and Chincoteague Bays.
	280	+	(5) National studies have documented that the quality and productivity of 24
	281	+	the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative 25
	282	+	effects of human activity that have caused increased levels of pollutants, nutrients, and 26
	283	+	toxics in the Bay system and declines in more protective land uses such as forestland and 27
	284	+	agricultural land in the Bay region; 28
325	285
326		-	(3) “Atlantic Coastal Bays Critical Area” means the initial planning area
327		-	identified under § 8–1807 of this subtitle.
	286	+	(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and 29
	287	+	their tributaries within Maryland are particularly stressed by the continuing population 30
	288	+	growth and development activity concentrated in the Baltimore–Washington metropolitan 31
	289	+	corridor and along the Atlantic Coast; 32
328	290
329		-	(4) “Buffer” means an existing, naturally vegetated area, or an area
330		-	established in vegetation and managed to protect aquatic, wetlands, shoreline, and
331		-	terrestrial environments from manmade disturbances.
332		-	Ch. 424 2024 LAWS OF MARYLAND
	291	+	(7) The quality of life for the citizens of Maryland is enhanced through the 33
	292	+	restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic 34 HOUSE BILL 233 7
333	293
334		-	– 8 –
335		-	(5) “Chesapeake Bay Critical Area” means the initial planning area
336		-	identified under § 8–1807 of this subtitle.
337	294
338		-	(6) (I) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A
339		-	NATURAL SYSTEM TO MA INTAIN FUNCTION IN T HE FACE OF STRESSES IMPOSED BY
340		-	CLIMATE CHANGE AND TO ADAPT THE NAT URAL SYSTEM TO BE BE TTER PREPARED
341		-	FOR FUTURE CLIMATE IMPAC TS.
	295	+	Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS 1
	296	+	ARE DISTRIBUTED EQUI TABLY; 2
342	297
343		-	(II) “CLIMATE RESILIENCY ” INCLUDES ADAPTING A NATURAL
344		-	SYSTEM TO BE BETTER PREPARED FOR FUTURE CLIMATE IMPACTS INCL UDING SEA
345		-	LEVEL RISE, SALTWATER INTRUSION , WETLAND MIGRATION , STORM SURGE ,
346		-	PRECIPITATION–INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS .
	298	+	(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and 3
	299	+	their tributaries is dependent, in part, on minimizing further adverse impacts to the water 4
	300	+	quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE 5
	301	+	RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the 6
	302	+	buffer; 7
347	303
348		-	(7) “Commission” means the Critical Area Commission for the Chesapeake
349		-	and Atlantic Coastal Bays established in this subtitle.
	304	+	(9) The cumulative impact of current development and of each new 8
	305	+	development activity in the buffer is inimical to these purposes, and it is therefore 9
	306	+	imperative that State law protect irreplaceable State buffer resources from unpermitted 10
	307	+	activity; [and] 11
350	308
351		-	[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the
352		-	Atlantic Coastal Bays Critical Area.
	309	+	(10) There is a critical and substantial State interest for the benefit of 12
	310	+	current and future generations in fostering more sensitive development and more effective 13
	311	+	enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake 14
	312	+	and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water 15
	313	+	quality and natural habitats; 16
353	314
354		-	[(8)] (9) “Developer” means:
	315	+	(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 17
	316	+	DEVELOPING POLICIES AND STR ATEGIES TO BETTER MI TIGATE, PREPARE FOR , AND 18
	317	+	ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S 19
	318	+	SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE , 20
	319	+	PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND 21
	320	+	TO ENHAN CE THE RESILIENCE OF THE STATE’S SHORELINES BY IDEN TIFYING, 22
	321	+	RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED 23
	322	+	FEATURES; 24
355	323
356		-	(i) A person who undertakes development as defined in this section;
357		-	or
	324	+	(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 25
	325	+	ENSURING THE EQUITAB LE DISTRIBUTION OF T HE BENEFITS AN D BURDENS OF 26
	326	+	DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE 27
	327	+	STATE’S SHORELINES AND IN ENSURING EQUITABLE R EPRESENTATION AND 28
	328	+	PARTICIPATION IN THE SE PROCESSES; AND 29
358	329
359		-	(ii) A person who undertakes development activities as defined in
360		-	the criteria of the Commission.
	330	+	(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO EN SURE 30
	331	+	DEVELOPMENT IS C OMPATIBLE WITH PROJE CTED CLIMATE IMPACTS AND COASTAL 31
	332	+	HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY . 32
361	333
362		-	[(9)] (10) “Development” means any activity that materially affects the
363		-	condition or use of dry land, land under water, or any structure.
	334	+	(b) It is the purpose of the General Assembly in enacting this subtitle: 33
364	335
365		-	~~[(10)]~~ (11) ~~(i) “Dwelling unit” means~~ a ~~single unit providing complete,~~
366		-	~~independent living facilities for at least one person,~~ ~~including permanent provisions for~~
367		-	~~sanitation, cooking,~~ ~~eating, sleeping,~~ and ~~other activities routinely associated with daily~~
368		-	~~life.~~
	336	+	(1) To establish a Resource Protection Program for the Chesapeake and the 34
	337	+	Atlantic Coastal Bays and their tributaries by fostering more sensitive development 35
	338	+	activity for certain shoreline areas so as to minimize damage to water quality and natural 36
	339	+	habitats; and 37 8 HOUSE BILL 233
369	340
370		-	(ii) “Dwelling unit” includes a living quarters for a domestic or other
371		-	employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker
372		-	residence.
373	341
374		-	(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN §
375		-	1–701 OF THE ENVIRONMENT ARTICLE.
376	342
377		-	(13) (I) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY,
378		-	AND FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION OF
379		-	RESOURCES BY INSTITUTI ONS OR SYSTEMS . WES MOORE, Governor Ch. 424
	343	+	(2) To implement the Resource Protection Program on a cooperative basis 1
	344	+	between the State and affected local governments, with local governments establishing and 2
	345	+	implementing their programs in a [consistent and] CONSISTENT, uniform, AND 3
	346	+	EQUITABLE manner subject to State and local leadership, criteria, and oversight. 4
380	347
381		-	– ~~9 –~~
	348	+	8–1802. 5
382	349
383		-	(II) “EQUITY” INCLUDES CONSIDERATI ON OF ENVIRONMENTAL
384		-	BURDENS AND BENEFITS , IDENTIFICATION OF IM PACTS AND MITIGATION
385		-	OPPORTUNITIES , INCREASED REPRESENTA TION IN PUBLIC PARTI CIPATION, AND
386		-	PROVISIONS FOR PUBLI C ACCESS TO WATERWAYS .
	350	+	(a) (1) In this subtitle the following words have the meanings indicated. 6
387	351
388		-	[(11)] (14) “Growth allocation” means the number of acres of land in the
389		-	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local
390		-	jurisdiction may use to create new intensely developed areas and new limited development
391		-	areas.
	352	+	(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight, 7
	353	+	Sinepuxent, Newport, and Chincoteague Bays. 8
392	354
393		-	~~[(12)]~~ (15) “~~Includes~~” means ~~includes or including by way of illustration and~~
394		-	~~not by way~~ of ~~limitation~~.
	355	+	(3) “Atlantic Coastal Bays Critical Area” means the initial planning area 9
	356	+	identified under § 8–1807 of this subtitle. 10
395	357
396		-	~~[(13)]~~ (~~16) (i~~) “~~Intensely developed area~~” means an area ~~of at least 20~~
397		-	~~acres or the entire upland portion of the critical area within a municipal corporation~~,
398		-	~~whichever is less,~~ ~~where:~~
	358	+	(4) “Buffer” means an existing, naturally vegetated area, or an area 11
	359	+	established in vegetation and managed to protect aquatic, wetlands, shoreline, and 12
	360	+	terrestrial environments from manmade disturbances. 13
399	361
400		-	~~1. Residential,~~ ~~commercial, institutional,~~ ~~or industrial~~
401		-	~~developed land uses predominate;~~ ~~and~~
	362	+	(5) “Chesapeake Bay Critical Area” means the initial planning area 14
	363	+	identified under § 8–1807 of this subtitle. 15
402	364
403		-	2. A relatively small amount of natural habitat occurs.
	365	+	(6) (I) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A 16
	366	+	NATURAL SYSTEM TO MA INTAIN FUNCTION IN T HE FACE OF STRESSES IMPOSE D BY 17
	367	+	CLIMATE CHANGE AND TO ADAPT THE NAT URAL SYSTEM TO BE BE TTER PREPARED 18
	368	+	FOR FUTURE CLIMATE IMPAC TS. 19
404	369
405		-	(ii) “Intensely developed area” includes:
	370	+	(II) “CLIMATE RESILIENCY ” INCLUDES ADAPTING A NATURAL 20
	371	+	SYSTEM TO BE BETTER PREPARED FOR FUTURE CLIMATE IMPACTS INCL UDING SEA 21
	372	+	LEVEL RISE, SALTWATER INTRUSION , WETLAND MIGRATION , STORM SURGE , 22
	373	+	PRECIPITATION–INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS . 23
406	374
407		-	~~1. An~~ area ~~with a housing density of at least four dwelling~~
408		-	~~units per acre;~~
	375	+	(7) “Commission” means the Critical Area Commission for the Chesapeake 24
	376	+	and Atlantic Coastal Bays established in this subtitle. 25
409	377
410		-	~~2. An~~ area ~~with public water~~ and ~~sewer systems with a~~
411		-	~~housing density of more than three dwelling units per acre; or~~
	378	+	[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the 26
	379	+	Atlantic Coastal Bays Critical Area. 27
412	380
413		-	3. A commercial marina redesignated by a local jurisdiction
414		-	from a resource conservation area or limited development area to an intensely developed
415		-	area through a mapping correction that occurred before January 1, 2006.
	381	+	[(8)] (9) “Developer” means: 28
416	382
417		-	[(14)] (17) “Land classification” means the designation of land in the
418		-	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with
419		-	the criteria adopted by the Commission as an intensely developed area or district, a limited
420		-	development area or district, or a resource conservation area or district.
	383	+	(i) A person who undertakes development as defined in this section; 29
	384	+	or 30
421	385
422		-	[(15)] (18) (i) “Limited development area” means an area:
	386	+	(ii) A person who undertakes development activities as defined in 31
	387	+	the criteria of the Commission. 32 HOUSE BILL 233 9
423	388
424		-	1. That is developed in low or moderate intensity uses and
425		-	contains areas of natural plant and animal habitat; and
426		-	Ch. 424 2024 LAWS OF MARYLAND
427	389
428		-	– 10 –
429		-	2. Where the quality of runoff has not been substantially
430		-	altered or impaired.
431	390
432		-	(ii) “Limited development area” includes an area:
	391	+	[(9)] (10) “Development” means any activity that materially affects the 1
	392	+	condition or use of dry land, land under water, or any structure. 2
433	393
434		-	1. With a housing density ranging from one dwelling unit per
435		-	five acres up to four dwelling units per acre;
	394	+	[(10)] (11) (i) “Dwelling unit” means a single unit providing complete, 3
	395	+	independent living facilities for at least one person, including permanent provisions for 4
	396	+	sanitation, cooking, eating, sleeping, and other activities routinely associated with daily 5
	397	+	life. 6
436	398
437		-	2. With a public water or sewer system;
	399	+	(ii) “Dwelling unit” includes a living quarters for a domestic or other 7
	400	+	employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker 8
	401	+	residence. 9
438	402
439		-	~~3. That is not dominated by agricultural land,~~ ~~wetland,~~
440		-	~~forests, barren land,~~ ~~surface water,~~ ~~or open space; or~~
	403	+	(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 10
	404	+	1–701 OF THE ENVIRONMENT ARTICLE. 11
441	405
442		-	4. That is less than 20 acres and otherwise qualifies as an
443		-	intensely developed area under paragraph [(13)] (16) of this subsection.
	406	+	(13) (I) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY, 12
	407	+	AND FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION O F 13
	408	+	RESOURCES BY INSTITU TIONS OR SYSTEMS . 14
444	409
445		-	[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation
446		-	with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area
447		-	or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located.
	410	+	(II) “EQUITY” INCLUDES CONSIDERATI ON OF ENVIRONMENTAL 15
	411	+	BURDENS AND BENEFITS , IDENTIFICATION OF IM PACTS AND MITIGATION 16
	412	+	OPPORTUNITIES , INCREASED REPRESENTA TION IN PUBLIC PARTI CIPATION, AND 17
	413	+	PROVISIONS FOR PUBLI C ACCESS TO WATERWAYS . 18
448	414
449		-	[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel
450		-	that is:
	415	+	[(11)] (14) “Growth allocation” means the number of acres of land in the 19
	416	+	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local 20
	417	+	jurisdiction may use to create new intensely developed areas and new limited development 21
	418	+	areas. 22
451	419
452		-	~~1. Occupied~~ by ~~a structure,~~ ~~accessory structure,~~ ~~parking~~
453		-	~~area, driveway,~~ ~~walkway, or roadway;~~ or
	420	+	[(12)] (15) “Includes” means includes or including by way of illustration and 23
	421	+	not by way of limitation. 24
454	422
455		-	2. Covered with gravel, stone, shell, [impermeable] decking,
456		-	a paver, permeable pavement, or any manmade material.
	423	+	[(13)] (16) (i) “Intensely developed area” means an area of at least 20 25
	424	+	acres or the entire upland portion of the critical area within a municipal corporation, 26
	425	+	whichever is less, where: 27
457	426
458		-	~~(ii) “Lot~~ ~~coverage” includes the ground area covered~~ or ~~occupied by a~~
459		-	~~stairway or impermeable deck.~~
	427	+	1. Residential, commercial, institutional, or industrial 28
	428	+	developed land uses predominate; and 29
460	429
461		-	~~(iii) “Lot~~ ~~coverage” does not include:~~
	430	+	2. A relatively small amount of natural habitat occurs. 30
462	431
463		-	1. A fence or wall that is less than 1 foot in width that has
464		-	not been constructed with a footer;
	432	+	(ii) “Intensely developed area” includes: 31
465	433
466		-	2. A ~~walkway in the buffer or expanded buffer,~~ ~~including a~~
467		-	~~stairway, that provides direct access to a community or private pier~~;
	434	+	1. An area with a housing density of at least four dwelling 32
	435	+	units per acre; 33 10 HOUSE BILL 233
468	436
469		-	3. A wood mulch pathway; or
470	437
471		-	4. A PERMEABLE deck [with gaps to allow water to pass
472		-	freely].
473		-	WES MOORE, Governor Ch. 424
474	438
475		-	– 11 –
476		-	(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES
477		-	PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES , GEOLOGY, SLOPES,
478		-	VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE
479		-	AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE.
	439	+	2. An area with public water and sewer systems with a 1
	440	+	housing density of more than three dwelling units per acre; or 2
480	441
481		-	(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE
482		-	NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL
483		-	FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND
484		-	CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK
485		-	REDUCTION.
	442	+	3. A commercial marina redesignated by a local jurisdiction 3
	443	+	from a resource conservation area or limited development area to an intensely developed 4
	444	+	area through a mapping correction that occurred before January 1, 2006. 5
486	445
487		-	(II) “NATURE–BASED FEATURES ” INCLUDES LIVING
488		-	SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS .
	446	+	[(14)] (17) “Land classification” means the designation of land in the 6
	447	+	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with 7
	448	+	the criteria adopted by the Commission as an intensely developed area or district, a limited 8
	449	+	development area or district, or a resource conservation area or district. 9
489	450
490		-	(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN §
491		-	1–701 OF THE ENVIRONMENT ARTICLE.
	451	+	[(15)] (18) (i) “Limited development area” means an area: 10
492	452
493		-	~~[(18)] (24) (i) “Program” means the critical area protection program of a~~
494		-	~~local jurisdiction.~~
	453	+	1. That is developed in low or moderate intensity uses and 11
	454	+	contains areas of natural plant and animal habitat; and 12
495	455
496		-	(ii) “Program” includes any amendments to the program.
	456	+	2. Where the quality of runoff has not been substantially 13
	457	+	altered or impaired. 14
497	458
498		-	[(19)] (25) (i) “Program amendment” means any change or proposed
499		-	change to an adopted program that is not determined by the Commission [chairman]
500		-	CHAIR to be a program refinement.
	459	+	(ii) “Limited development area” includes an area: 15
501	460
502		-	(ii) “Program amendment” includes a change to a zoning map that is
503		-	not consistent with the method for using the growth allocation contained in an adopted
504		-	program.
	461	+	1. With a housing density ranging from one dwelling unit per 16
	462	+	five acres up to four dwelling units per acre; 17
505	463
506		-	[(20)] (26) (i) “Program refinement” means any change or proposed
507		-	change to an adopted program that the Commission [chairman] CHAIR determines will
508		-	result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal
509		-	Bays Critical Area in a manner consistent with the adopted program, or that will not
510		-	significantly affect the use of land or water in the critical area.
	464	+	2. With a public water or sewer system; 18
511	465
512		-	(ii) “Program refinement” may include:
	466	+	3. That is not dominated by agricultural land, wetland, 19
	467	+	forests, barren land, surface water, or open space; or 20
513	468
514		-	1. ~~A change to~~ an ~~adopted program that results from State~~
515		-	~~law;~~
	469	+	4. That is less than 20 acres and otherwise qualifies as an 21
	470	+	intensely developed area under paragraph [(13)] (16) of this subsection. 22
516	471
517		-	2. A ~~change to an adopted program that affects local~~
518		-	~~processes~~ and ~~procedures;~~
519		-	Ch. ~~424 2024 LAWS OF MARYLAND~~
	472	+	[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation 23
	473	+	with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area 24
	474	+	or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located. 25
520	475
521		-	– 12 –
522		-	3. A change to a local ordinance or code that clarifies an
523		-	existing provision; and
	476	+	[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel 26
	477	+	that is: 27
524	478
525		-	4. A minor change to an element of an adopted program that
526		-	is clearly consistent with the provisions of this subtitle and all of the criteria of the
527		-	Commission.
	479	+	1. Occupied by a structure, accessory structure, parking 28
	480	+	area, driveway, walkway, or roadway; or 29
528	481
529		-	[(21)] (27) (i) “Project approval” means the approval of development,
530		-	other than development by a State or local government agency, in the Chesapeake Bay
531		-	Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval
532		-	authority.
	482	+	2. Covered with gravel, stone, shell, [impermeable] decking, 30
	483	+	a paver, permeable pavement, or any manmade material. 31 HOUSE BILL 233 11
533	484
534		-	(ii) “Project approval” includes:
535	485
536		-	1. Approval of PRELIMINARY AND FINA L subdivision plats
537		-	and site plans;
538	486
539		-	2. Inclusion of areas within floating zones;
	487	+	(ii) “Lot coverage” includes the ground area covered or occupied by a 1
	488	+	stairway or impermeable deck. 2
540	489
541		-	3. Issuance of variances, special exceptions, and conditional
542		-	use permits; and
	490	+	(iii) “Lot coverage” does not include: 3
543	491
544		-	4. Approval of rezoning.
	492	+	1. A fence or wall that is less than 1 foot in width that has 4
	493	+	not been constructed with a footer; 5
545	494
546		-	(iii) “Project approval” does not include building permits.
	495	+	2. A walkway in the buffer or expanded buffer, including a 6
	496	+	stairway, that provides direct access to a community or private pier; 7
547	497
548		-	(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING
549		-	CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO
550		-	EMERGENCIES .
	498	+	3. A wood mulch pathway; or 8
551	499
552		-	[~~(22)] (29) (28) (i) “Resource~~ ~~conservation area”~~ ~~means an area that is~~
553		-	~~characterized by:~~
	500	+	4. A PERMEABLE deck [with gaps to allow water to pass 9
	501	+	freely]. 10
554	502
555		-	1. Nature dominated environments, such as wetlands,
556		-	surface water, forests, and open space; and
	503	+	(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES 11
	504	+	PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES , GEOLOGY, SLOPES, 12
	505	+	VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE 13
	506	+	AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE. 14
557	507
558		-	2. Resource–based activities, such as agriculture, forestry,
559		-	fisheries, or aquaculture.
	508	+	(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE 15
	509	+	NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL 16
	510	+	FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND 17
	511	+	CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RI SK 18
	512	+	REDUCTION. 19
560	513
561		-	(ii) “~~Resource conservation area~~” includes ~~an area with a housing~~
562		-	~~density of less than one dwelling per five acres~~.
	514	+	(II) “NATURE–BASED FEATURES ” INCLUDES LIVING 20
	515	+	SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS . 21
563	516
564		-	[(23)] (30) (29) “Tributary stream” means a perennial stream or an
565		-	intermittent stream within the critical area that has been identified by site inspection or
566		-	in accordance with local program procedures approved by the Commission. WES MOORE, Governor Ch. 424
	517	+	(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 22
	518	+	1–701 OF THE ENVIRONMENT ARTICLE. 23
567	519
568		-	– 13 –
	520	+	[(18)] (24) (i) “Program” means the critical area protection program of a 24
	521	+	local jurisdiction. 25
569	522
570		-	(31) (30) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING
571		-	STATED IN § 19–106 OF THE BUSINESS REGULATION ARTICLE.
	523	+	(ii) “Program” includes any amendments to the program. 26
572	524
573		-	(32) (31) “UNDERSERVED COM MUNITY” HAS THE MEANING STAT ED
574		-	IN § 1–701 OF THE ENVIRONMENT ARTICLE.
	525	+	[(19)] (25) (i) “Program amendment” means any change or proposed 27
	526	+	change to an adopted program that is not determined by the Commission [chairman] 28
	527	+	CHAIR to be a program refinement. 29
	528	+	12 HOUSE BILL 233
575	529
576		-	8–1804.
577	530
578		-	(a) (1) The Commission consists of 29 voting members who REFLECT THE
579		-	DIVERSITY OF THE STATE AND are appointed by the Governor, as follows:
	531	+	(ii) “Program amendment” includes a change to a zoning map that is 1
	532	+	not consistent with the method for using the growth allocation contained in an adopted 2
	533	+	program. 3
580	534
581		-	(i) A full–time [chairman] CHAIR, appointed with the advice and
582		-	consent of the Senate, who shall serve at the pleasure of the Governor;
	535	+	[(20)] (26) (i) “Program refinement” means any change or proposed 4
	536	+	change to an adopted program that the Commission [chairman] CHAIR determines will 5
	537	+	result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal 6
	538	+	Bays Critical Area in a manner consistent with the adopted program, or that will not 7
	539	+	significantly affect the use of land or water in the critical area. 8
583	540
584		-	(ii) 13 individuals, appointed with the advice and consent of the
585		-	Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction.
586		-	At least 1 of these 13 individuals must be an elected or appointed official of a municipality.
587		-	These individuals shall serve on the Commission only while they hold local office. Each
588		-	shall be selected from certain counties or from municipalities within the counties as follows,
589		-	and only after the Governor has consulted with elected county and municipal officials:
	541	+	(ii) “Program refinement” may include: 9
590	542
591		-	1. 1 from ~~each of Baltimore City and Anne Arundel,~~
592		-	~~Baltimore, and Prince George’s counties~~;
	543	+	1. A change to an adopted program that results from State 10
	544	+	law; 11
593	545
594		-	2. 1 from Harford County or Cecil County;
	546	+	2. A change to an adopted program that affects local 12
	547	+	processes and procedures; 13
595	548
596		-	3. 1 from Kent County or Queen Anne’s County;
	549	+	3. A change to a local ordinance or code that clarifies an 14
	550	+	existing provision; and 15
597	551
598		-	4. 1 from Caroline County;
	552	+	4. A minor change to an element of an adopted program that 16
	553	+	is clearly consistent with the provisions of this subtitle and all of the criteria of the 17
	554	+	Commission. 18
599	555
600		-	5. 1 from Talbot County or Dorchester County;
	556	+	[(21)] (27) (i) “Project approval” means the approval of development, 19
	557	+	other than development by a State or local government agency, in the Chesapeake Bay 20
	558	+	Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval 21
	559	+	authority. 22
601	560
602		-	~~6. 1 from Wicomico County or Somerset County;~~
	561	+	(ii) “Project approval” includes: 23
603	562
604		-	7. ~~2 from Calvert County,~~ ~~Charles County,~~ ~~or St.~~ ~~Mary’s~~
605		-	~~County, both of whom may not be from the same county~~; ~~and~~
	563	+	1. Approval of PRELIMINARY AND FINA L subdivision plats 24
	564	+	and site plans; 25
606	565
607		-	8. 2 from Worcester County, 1 of whom shall be a resident of
608		-	the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic
609		-	Coastal Bays Watershed;
	566	+	2. Inclusion of areas within floating zones; 26
610	567
611		-	(iii) 8 individuals, appointed with the advice and consent of the
612		-	Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED
613		-	COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are
614		-	listed and from which an appointment has not been made under item (ii) of this paragraph Ch. 424 2024 LAWS OF MARYLAND
	568	+	3. Issuance of variances, special exceptions, and conditional 27
	569	+	use permits; and 28
615	570
616		-	– 14 –
617		-	and 3 of the 8 members appointed under this item shall be at large members, 1 of whom
618		-	shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and
	571	+	4. Approval of rezoning. 29
619	572
620		-	(iv) The Secretaries of Agriculture, Commerce, Housing and
621		-	Community Development, the Environment, Transportation, Natural Resources, and
622		-	Planning, ex officio, or the designee of the Secretaries.
	573	+	(iii) “Project approval” does not include building permits. 30
	574	+	HOUSE BILL 233 13
623	575
624		-	(c) Except for the [chairman] CHAIR and ex officio State officers or their
625		-	representatives:
626	576
627		-	(1) The term of a member is 4 years;
	577	+	(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING 1
	578	+	CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO 2
	579	+	EMERGENCIES . 3
628	580
629		-	(2) ~~The terms of members are staggered as required by the terms provided~~
630		-	~~for members of the Commission on July 1, 1984;~~
	581	+	[(22)] (29) (28) (i) “Resource conservation area” means an area that is 4
	582	+	characterized by: 5
631	583
632		-	~~(3) At the end of a term~~, ~~a member continues to serve until a successor is~~
633		-	~~appointed~~ and ~~qualifies~~;
	584	+	1. Nature dominated environments, such as wetlands, 6
	585	+	surface water, forests, and open space; and 7
634	586
635		-	~~(4) A member who is appointed after a term is begun serves for the rest of~~
636		-	~~the term and until a successor is appointed and qualifies;~~
	587	+	2. Resource–based activities, such as agriculture, forestry, 8
	588	+	fisheries, or aquaculture. 9
637	589
638		-	(5) A member may serve no more than 2 terms; and
	590	+	(ii) “Resource conservation area” includes an area with a housing 10
	591	+	density of less than one dwelling per five acres. 11
639	592
640		-	(6) Any member of the Commission appointed by the Governor who shall
641		-	fail to attend at least 60% of the meetings of the Commission during any period of 12
642		-	consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall
643		-	forward the member’s name to the Governor, not later than January 15 of the year following
644		-	the nonattendance with the statement of the nonattendance, and the Governor shall
645		-	appoint a successor for the remainder of the term. If the member has been unable to attend
646		-	meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor
647		-	may waive the resignation if the reasons are made public.
	593	+	[(23)] (30) (29) “Tributary stream” means a perennial stream or an 12
	594	+	intermittent stream within the critical area that has been identified by site inspection or 13
	595	+	in accordance with local program procedures approved by the Commission. 14
648	596
649		-	8–1805.
	597	+	(31) (30) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING 15
	598	+	STATED IN § 19–106 OF THE BUSINESS REGULATION ARTICLE. 16
650	599
651		-	(b) (1) The ~~[chairman] CHAIR with the approval of the Commission shall~~
652		-	~~appoint an Executive Director for~~ the ~~Commission~~.
	600	+	(32) (31) “UNDERSERVED COM MUNITY” HAS THE MEANING STAT ED 17
	601	+	IN § 1–701 OF THE ENVIRONMENT ARTICLE. 18
653	602
654		-	(2) The Executive Director serves at the pleasure of the [chairman] CHAIR
655		-	and is entitled to the salary provided in the State budget.
	603	+	8–1804. 19
656	604
657		-	(c) The ~~Attorney General shall designate an assistant Attorney General to advise~~
658		-	~~and represent~~ the ~~[chairman] CHAIR~~ and the ~~Commission.~~
	605	+	(a) (1) The Commission consists of 29 voting members who REFLECT THE 20
	606	+	DIVERSITY OF THE STATE AND are appointed by the Governor, as follows: 21
659	607
660		-	8–~~1806.~~
661		-	~~WES MOORE~~, Governor ~~Ch. 424~~
	608	+	(i) A full–time [chairman] CHAIR, appointed with the advice and 22
	609	+	consent of the Senate, who shall serve at the pleasure of the Governor; 23
662	610
663		-	– 15 –
664		-	(a) The Commission has all powers necessary for carrying out the purposes of this
665		-	subtitle, including the following:
	611	+	(ii) 13 individuals, appointed with the advice and consent of the 24
	612	+	Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. 25
	613	+	At least 1 of these 13 individuals must be an elected or appointed official of a municipality. 26
	614	+	These individuals shall serve on the Commission only while they hold local office. Each 27
	615	+	shall be selected from certain counties or from municipalities within the counties as follows, 28
	616	+	and only after the Governor has consulted with elected county and municipal officials: 29
666	617
667		-	(1) In accordance with Title 2, Subtitle 5 (Joint Committee on
668		-	Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative
669		-	Procedure Act) of the State Government Article, to adopt and amend regulations as
670		-	authorized under this subtitle for the administration and enforcement of the State and local
671		-	programs;
	618	+	1. 1 from each of Baltimore City and Anne Arundel, 30
	619	+	Baltimore, and Prince George’s counties; 31
672	620
673		-	(2~~) To conduct hearings in connection with policies,~~ ~~proposed programs,~~
674		-	~~and proposed regulations or amendments to regulations;~~ ~~AND~~
	621	+	2. 1 from Harford County or Cecil County; 32
	622	+	14 HOUSE BILL 233
675	623
676		-	(3) To contract for consultant or other services[; and
677	624
678		-	(4) To establish an advisory committee, composed of members of the
679		-	Commission and local citizens and local stakeholder groups, to make recommendations to
680		-	the Commission with respect to Atlantic Coastal Bays Critical Area programs].
	625	+	3. 1 from Kent County or Queen Anne’s County; 1
681	626
682		-	~~(b) Regulations adopted or amended under subsection (a)(1) of this section shall:~~
	627	+	4. 1 from Caroline County; 2
683	628
684		-	(1~~) Establish comprehensive standards and procedures for:~~
	629	+	5. 1 from Talbot County or Dorchester County; 3
685	630
686		-	~~(ii) [Buffer~~ ~~exemption areas]~~ ~~MODIFIED BUFFER AREAS~~ ;
	631	+	6. 1 from Wicomico County or Somerset County; 4
687	632
688		-	~~(iii) Impacts of [shore~~ ~~erosion control]~~ ~~SHORELINE STABILIZAT ION~~
689		-	~~activities on~~ the ~~buffer~~;
	633	+	7. 2 from Calvert County, Charles County, or St. Mary’s 5
	634	+	County, both of whom may not be from the same county; and 6
690	635
691		-	(x) Development in the critical area, with respect to:
	636	+	8. 2 from Worcester County, 1 of whom shall be a resident of 7
	637	+	the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic 8
	638	+	Coastal Bays Watershed; 9
692	639
693		-	1. Clearing, grading, and construction activity;
	640	+	(iii) 8 individuals, appointed with the advice and consent of the 10
	641	+	Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED 11
	642	+	COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are 12
	643	+	listed and from which an appointment has not been made under item (ii) of this paragraph 13
	644	+	and 3 of the 8 members appointed under this item shall be at large members, 1 of whom 14
	645	+	shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and 15
694	646
695		-	2. Clustering to promote conservation of natural site
696		-	features;
	647	+	(iv) The Secretaries of Agriculture, Commerce, Housing and 16
	648	+	Community Development, the Environment, Transportation, Natural Resources, and 17
	649	+	Planning, ex officio, or the designee of the Secretaries. 18
697	650
698		-	3. THE TRANSFER OF DEVEL OPMENT RIGHTS ;
	651	+	(c) Except for the [chairman] CHAIR and ex officio State officers or their 19
	652	+	representatives: 20
699	653
700		-	4~~. Flexibility for redevelopment~~;
	654	+	(1) The term of a member is 4 years; 21
701	655
702		-	[4.] 5. Stormwater management;
	656	+	(2) The terms of members are staggered as required by the terms provided 22
	657	+	for members of the Commission on July 1, 1984; 23
703	658
704		-	[5.] 6. Application of the 10% pollutant reduction rule;
	659	+	(3) At the end of a term, a member continues to serve until a successor is 24
	660	+	appointed and qualifies; 25
705	661
706		-	[6.] 7. Forest and developed woodlands protections;
	662	+	(4) A member who is appointed after a term is begun serves for the rest of 26
	663	+	the term and until a successor is appointed and qualifies; 27
707	664
708		-	[7.] 8. Clearing of natural vegetation;
709		-	Ch. 424 2024 LAWS OF MARYLAND
	665	+	(5) A member may serve no more than 2 terms; and 28
710	666
711		-	– 16 –
712		-	[8.] 9. Lot coverage standards;
	667	+	(6) Any member of the Commission appointed by the Governor who shall 29
	668	+	fail to attend at least 60% of the meetings of the Commission during any period of 12 30
	669	+	consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall 31
	670	+	forward the member’s name to the Governor, not later than January 15 of the year following 32 HOUSE BILL 233 15
713	671
714		-	[9.] 10. Commission review of local provisions for lot
715		-	consolidation; and
716	672
717		-	[10.] 11. The exclusion of State tidal wetlands from
718		-	calculations of density, forest and developed woodlands protections, limitations on clearing
719		-	natural vegetation, and lot coverage standards;
	673	+	the nonattendance with the statement of the nonattendance, and the Governor shall 1
	674	+	appoint a successor for the remainder of the term. If the member has been unable to attend 2
	675	+	meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor 3
	676	+	may waive the resignation if the reasons are made public. 4
720	677
721		-	(xiv) Directives for local program development and implementation,
722		-	with respect to:
	678	+	8–1805. 5
723	679
724		-	~~4. Reporting requirements,~~ ~~INCLUDING ACCOUNTING~~ OF
725		-	~~FEE IN LIEU FUNDS ;~~
	680	+	(b) (1) The [chairman] CHAIR with the approval of the Commission shall 6
	681	+	appoint an Executive Director for the Commission. 7
726	682
727		-	(xv) ~~In consultation with~~ the ~~Department~~ of the ~~Environment,~~
728		-	~~surface mining~~ in the ~~critical area;~~ ~~[and]~~
	683	+	(2) The Executive Director serves at the pleasure of the [chairman] CHAIR 8
	684	+	and is entitled to the salary provided in the State budget. 9
729	685
730		-	(xvi) The application for and processing of a variance, with respect to:
	686	+	(c) The Attorney General shall designate an assistant Attorney General to advise 10
	687	+	and represent the [chairman] CHAIR and the Commission. 11
731	688
732		-	6. ~~Notice of a variance decision; [and]~~
	689	+	8–1806. 12
733	690
734		-	(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO
735		-	CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION ,
736		-	STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME
737		-	WEATHER EVENTS FOR CLIMATE RESILIENCY ;
	691	+	(a) The Commission has all powers necessary for carrying out the purposes of this 13
	692	+	subtitle, including the following: 14
738	693
739		-	(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA
740		-	BY PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED
741		-	FEATURES; AND
	694	+	(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 15
	695	+	Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 16
	696	+	Procedure Act) of the State Government Article, to adopt and amend regulations as 17
	697	+	authorized under this subtitle for the administration and enforcement of the State and local 18
	698	+	programs; 19
742	699
743		-	(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES THAT:
	700	+	(2) To conduct hearings in connection with policies, proposed programs, 20
	701	+	and proposed regulations or amendments to regulations; AND 21
744	702
745		-	1. ADDRESS DISPARATE IMP ACTS OF DE VELOPMENT ;
746		-	AND
	703	+	(3) To contract for consultant or other services[; and 22
747	704
748		-	2. ENSURE THE BENEFITS O F DEVELOPMENT ,
749		-	RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND
	705	+	(4) To establish an advisory committee, composed of members of the 23
	706	+	Commission and local citizens and local stakeholder groups, to make recommendations to 24
	707	+	the Commission with respect to Atlantic Coastal Bays Critical Area programs]. 25
750	708
751		-	[(c) The members of the Commission who reside in the Atlantic Coastal Bays
752		-	Watershed shall serve on any committee established under subsection (a)(4) of this section.]
	709	+	(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 26
753	710
754		-	8–1808.
755		-	WES MOORE, Governor Ch. 424
	711	+	(1) Establish comprehensive standards and procedures for: 27
756	712
757		-	– 17 –
758		-	(a) (1) It is the intent of this subtitle that each local jurisdiction shall have
759		-	primary responsibility for developing and implementing a program, subject to review and
760		-	approval by the Commission.
	713	+	(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ; 28
761	714
762		-	(2) [(i) The Governor shall include in the budget a sum of money to be
763		-	used for grants to reimburse local jurisdictions for the reasonable costs of developing a
764		-	program under this section.
	715	+	(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION 29
	716	+	activities on the buffer; 30
765	717
766		-	(ii) Each local jurisdiction shall submit to the Governor a detailed
767		-	request for funds that are equivalent to the additional costs incurred in developing the
768		-	program under this section.
	718	+	(x) Development in the critical area, with respect to: 31 16 HOUSE BILL 233
769	719
770		-	(iii) The Governor shall include in the fiscal year 2003 budget a sum
771		-	of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays
772		-	Critical Area for the reasonable costs of developing a program under this section.
773	720
774		-	(3)] The Governor shall include in the budget annually a sum of money to
775		-	be used for grants to assist local jurisdictions with the reasonable costs of implementing
776		-	AND UPDATING a program under this section. Each local jurisdiction shall submit to the
777		-	Governor by May 1 of each year a detailed request for funds to assist in the implementation
778		-	AND UPDATING of a program under this section.
779	721
780		-	(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E
781		-	IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST
782		-	LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AND EQUIT ABLE
783		-	PLANNING AND EQUITY PROVISION S REQUIRED UNDER SUB SECTION (C)(1)(III)16
784		-	AND 17 OF THIS SECTION INTO AN UPDATED LOCA L PROGRAM.
	722	+	1. Clearing, grading, and construction activity; 1
785	723
786		-	(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL
787		-	SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS
788		-	PARAGRAPH .
	724	+	2. Clustering to promote conservation of natural site 2
	725	+	features; 3
789	726
790		-	(III) ON THE REQUEST OF A L OCAL JURISDICTION , THE CHAIR
791		-	MAY EXTEND THE DEADL INE UNDER SUBPARAGRA PH (II) OF THIS PARAGRAPH .
	727	+	3. THE TRANSFER OF DEVEL OPMENT RIGHTS ; 4
792	728
793		-	(b) A program shall consist of those elements which are necessary or appropriate
794		-	TO:
	729	+	4. Flexibility for redevelopment; 5
795	730
796		-	(1) [To minimize] MINIMIZE adverse impacts on water quality that result
797		-	from pollutants that are discharged from structures or conveyances or that have run off
798		-	from surrounding lands;
	731	+	[4.] 5. Stormwater management; 6
799	732
800		-	(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and]
801		-	Ch. 424 2024 LAWS OF MARYLAND
	733	+	[5.] 6. Application of the 10% pollutant reduction rule; 7
802	734
803		-	– 18 –
804		-	(3) [To establish] ESTABLISH land use policies for development in the
805		-	Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which
806		-	accommodate growth and also address the fact that, even if pollution is controlled, the
807		-	number, movement, and activities of persons in that area can create adverse environmental
808		-	impacts;
	735	+	[6.] 7. Forest and developed woodlands protections; 8
809	736
810		-	(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE
811		-	AND INCORPORATE MEAS URES TO IMPROVE THE CLIMATE RESILIENCY OF THE
812		-	CHESAPEAKE AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND
	737	+	[7.] 8. Clearing of natural vegetation; 9
813	738
814		-	(5) ENSURE AN EQUITABLE DISTRIBUTI ON OF THE BURDENS AN D
815		-	BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND
816		-	ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA .
	739	+	[8.] 9. Lot coverage standards; 10
817	740
818		-	~~(c) (1) (iii) At a minimum, a program shall contain all~~ of ~~the following~~
819		-	~~elements, including:~~
	741	+	[9.] 10. Commission review of local provisions for lot 11
	742	+	consolidation; and 12
820	743
821		-	3. As necessary, new or amended provisions of the
822		-	jurisdiction’s:
	744	+	[10.] 11. The exclusion of State tidal wetlands from 13
	745	+	calculations of density, forest and developed woodlands protections, limitations on clearing 14
	746	+	natural vegetation, and lot coverage standards; 15
823	747
824		-	A. Subdivision regulations;
	748	+	(xiv) Directives for local program development and implementation, 16
	749	+	with respect to: 17
825	750
826		-	B. Comprehensive or master plan;
	751	+	4. Reporting requirements, INCLUDING ACCOUNTING OF 18
	752	+	FEE IN LIEU FUNDS ; 19
827	753
828		-	~~C. [Zoning~~ ~~ordinances] ORDINANCES or regulations THAT~~
829		-	~~AFFECT DEVELOPMENT I N~~ THE CRITICAL AREA ;
	754	+	(xv) In consultation with the Department of the Environment, 20
	755	+	surface mining in the critical area; [and] 21
830	756
831		-	~~D. Provisions relating to enforcement;~~ and
	757	+	(xvi) The application for and processing of a variance, with respect to: 22
832	758
833		-	E. Provisions as appropriate relating to [grandfathering of]
834		-	development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or
835		-	approved by the Commission, including provisions for bringing lands into conformance with
836		-	the Program as required under item 12 of this subparagraph;
	759	+	6. Notice of a variance decision; [and] 23
837	760
838		-	6. Establishment of buffer areas along shorelines within
839		-	which agriculture will be permitted only if AN AGRICULTURAL best management
840		-	[practices are] PRACTICE IS used, provided that structures or any other use of land which
841		-	is necessary for adjacent agriculture shall also be permitted in any buffer area;
	761	+	(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO 24
	762	+	CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION , 25
	763	+	STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME 26
	764	+	WEATHER EVENTS FOR CLIMATE RESILIEN CY; 27
	765	+	HOUSE BILL 233 17
842	766
843		-	8. [Designation] ASSESSMENT AND MAP PING of shoreline
844		-	areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives,
845		-	public access or assembly, and water–related recreation such as boat slips, piers, and
846		-	beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITI ES;
847		-	WES MOORE, Governor Ch. 424
848	767
849		-	– 19 –
850		-	13. Except as provided in subsection (d) of this section,
851		-	provisions for granting a variance to the local jurisdiction’s critical area program, in
852		-	accordance with regulations adopted by the Commission concerning variances set forth in
853		-	[COMAR 27.01.11] COMAR 27.01.12;
	768	+	(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA 1
	769	+	BY PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED 2
	770	+	FEATURES; AND 3
854	771
855		-	14. Penalty provisions establishing that, in addition to any
856		-	other penalty applicable under State or local law, each person who violates a provision of
857		-	this subtitle or of a program, including a contractor, property owner, or any other person
858		-	who committed, assisted, authorized, or participated in the violation is subject to a fine not
859		-	exceeding $10,000; [and]
	772	+	(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES THAT: 4
860	773
861		-	15. Administrative enforcement procedures in accordance
862		-	with due process principles, including notice and an opportunity to be heard, and
863		-	establishing that:
	774	+	1. ADDRESS DISPARATE IMP ACTS OF DEVELOPMENT ; 5
	775	+	AND 6
864	776
865		-	A. Each violation of this subtitle or of a regulation, rule,
866		-	order, program, or other requirement adopted under the authority of this subtitle
867		-	constitutes a separate offense;
	777	+	2. ENSURE THE BENEFITS O F DEVELOPMENT , 7
	778	+	RESTORATION , MITIGATION, AND CONSERVATION ARE SHARED EQUITABLY ; AND 8
868	779
869		-	~~B. Each calendar day that a violation continues constitutes a~~
870		-	~~separate offense;~~
	780	+	[(c) The members of the Commission who reside in the Atlantic Coastal Bays 9
	781	+	Watershed shall serve on any committee established under subsection (a)(4) of this section.] 10
871	782
872		-	C. For each offense, a person shall be subject to separate
873		-	fines, orders, sanctions, and other penalties;
	783	+	8–1808. 11
874	784
875		-	~~D. Civil penalties for continuing violations~~ shall ~~accrue~~
876		-	~~without~~ a ~~requirement for an additional assessment~~, ~~notice, or opportunity for hearing for~~
877		-	~~each separate offense;~~
	785	+	(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 12
	786	+	primary responsibility for developing and implementing a program, subject to review and 13
	787	+	approval by the Commission. 14
878	788
879		-	~~E. On consideration~~ of ~~all the factors included under this~~
880		-	~~subsection and any other factors in~~ the ~~local jurisdiction’s approved program,~~ ~~the local~~
881		-	~~jurisdiction shall impose the amount of the penalty;~~
	789	+	(2) [(i) The Governor shall include in the budget a sum of money to be 15
	790	+	used for grants to reimburse local jurisdictions for the reasonable costs of developing a 16
	791	+	program under this section. 17
882	792
883		-	~~F. Satisfaction of all conditions specified under paragraph~~ (4)
884		-	~~of this subsection shall be a condition precedent~~ to the ~~issuance of any permit,~~ ~~approval,~~
885		-	~~variance, or special exception for the affected property; and~~
	793	+	(ii) Each local jurisdiction shall submit to the Governor a detailed 18
	794	+	request for funds that are equivalent to the additional costs incurred in developing the 19
	795	+	program under this section. 20
886	796
887		-	G. Unless an extension of time is appropriate because of
888		-	adverse planting conditions, within 90 days of the issuance of a permit, approval, variance,
889		-	or special exception for the affected property, any additional mitigation required as a
890		-	condition of approval for the permit, approval, variance, or special exception shall be
891		-	completed;
	797	+	(iii) The Governor shall include in the fiscal year 2003 budget a sum 21
	798	+	of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays 22
	799	+	Critical Area for the reasonable costs of developing a program under this section. 23
892	800
893		-	16. PROVISIONS FOR:
894		-	Ch. 424 2024 LAWS OF MARYLAND
	801	+	(3)] The Governor shall include in the budget annually a sum of money to 24
	802	+	be used for grants to assist local jurisdictions with the reasonable costs of implementing 25
	803	+	AND UPDATING a program under this section. Each local jurisdiction shall submit to the 26
	804	+	Governor by May 1 of each year a detailed request for funds to assist in the implementation 27
	805	+	AND UPDATING of a program under this section. 28
895	806
896		-	– 20 –
897		-	A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE
898		-	CHANGE;
	807	+	(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E 29
	808	+	IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N TO PROVIDE GRANTS TO ASSIST 30
	809	+	LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AN D EQUITABLE 31
	810	+	PLANNING AND EQUITY PROVISION S REQUIRED UNDER SUB SECTION (C)(1)(III)16 32
	811	+	AND 17 OF THIS SECTION INTO AN UPDATED LOCA L PROGRAM. 33
	812	+	18 HOUSE BILL 233
899	813
900		-	B. MITIGATION AND ADAPTA TION MEASURES THAT
901		-	ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING ,
902		-	OTHER EXTREME WEATHER EVEN TS, MIGRATING WETLANDS , AND COASTAL
903		-	FORESTS; AND
904	814
905		-	~~C. ENHANCING THE CLIMATE RESILIENCY~~ OF ~~THE~~
906		-	~~CRITICAL AREA BY IDE NTIFYING,~~ ~~RESTORING, AND CREATING AND CON SERVING~~
907		-	~~EXISTING AND PROJECT ED FUTURE NATURAL AN D NATURE–BASED FEATURES ;~~
	815	+	(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL 1
	816	+	SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS 2
	817	+	PARAGRAPH . 3
908	818
909		-	17. PROVISIONS FOR:
	819	+	(III) ON THE REQUEST OF A L OCAL JURISDICTION , THE CHAIR 4
	820	+	MAY EXTEND THE DEADL INE UNDER SUBPARAGRA PH (II) OF THIS PARAGRAPH . 5
910	821
911		-	A~~. IDENTIFYING UNDERSERV ED AND OVERBURDENED~~
912		-	~~COMMUNITIES WITHIN T HE CRITICAL AREA ;~~
	822	+	(b) A program shall consist of those elements which are necessary or appropriate 6
	823	+	TO: 7
913	824
914		-	~~B. MEASURES~~ TO ~~ENSURE TH~~ ~~E EQUITABLE~~
915		-	~~DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION ,~~
916		-	~~AND MITIGATION WITHI N THE CRITICAL ARE A~~; ~~AND~~
	825	+	(1) [To minimize] MINIMIZE adverse impacts on water quality that result 8
	826	+	from pollutants that are discharged from structures or conveyances or that have run off 9
	827	+	from surrounding lands; 10
917	828
918		-	C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON
919		-	PROCESS;
	829	+	(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and] 11
920	830
921		-	18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE
922		-	WATER, SHORELINE, AND OTHER NATURAL AR EAS FOR UNDERSERVED OR
923		-	OVERBURDENED COMMUNI TIES; AND
	831	+	(3) [To establish] ESTABLISH land use policies for development in the 12
	832	+	Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which 13
	833	+	accommodate growth and also address the fact that, even if pollution is controlled, the 14
	834	+	number, movement, and activities of persons in that area can create adverse environmental 15
	835	+	impacts; 16
924	836
925		-	19. METHODS TO ENSURE EFF ECTIVE ALLOCATIO N,
926		-	ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS.
	837	+	(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE 17
	838	+	AND INCORPORATE MEAS URES TO IMPROVE THE CLIMATE RESILIENCY OF THE 18
	839	+	CHESAPEAKE AND ATLANTIC COASTAL BAYS AND ITS TRIBUTAR IES; AND 19
927	840
928		-	(4) ~~A local jurisdiction may not issue a permit,~~ ~~approval, variance,~~ or
929		-	~~special exception THAT IS SUBJECT TO T HE VIOLATION~~, ~~unless the person seeking the~~
930		-	~~permit, approval,~~ ~~variance, or special exception has:~~
	841	+	(5) ENSURE AN EQUITABLE D ISTRIBUTION OF THE B URDENS AND 20
	842	+	BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND 21
	843	+	ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA . 22
931	844
932		-	(i) ~~Fully paid~~ all ~~administrative, civil,~~ ~~and criminal penalties~~
933		-	~~imposed under paragraph (1)(iii)15 of this subsection;~~
	845	+	(c) (1) (iii) At a minimum, a program shall contain all of the following 23
	846	+	elements, including: 24
934	847
935		-	(ii) Prepared a restoration or mitigation plan, approved by the local
936		-	jurisdiction, to abate impacts to water quality or natural resources as a result of the
937		-	violation; and
	848	+	3. As necessary, new or amended provisions of the 25
	849	+	jurisdiction’s: 26
938	850
939		-	(iii) Performed the abatement measures in the approved plan in
940		-	accordance with the local critical area program. WES MOORE, Governor Ch. 424
	851	+	A. Subdivision regulations; 27
941	852
942		-	~~– 21 –~~
	853	+	B. Comprehensive or master plan; 28
943	854
944		-	8–1808.1.
	855	+	C. [Zoning ordinances] ORDINANCES or regulations THAT 29
	856	+	AFFECT DEVELOPMENT I N THE CRITICAL AREA ; 30
945	857
946		-	~~(c) (2) When locating new intensely developed or limited development areas,~~
947		-	~~local jurisdictions shall use the following standards:~~
	858	+	D. Provisions relating to enforcement; and 31
	859	+	HOUSE BILL 233 19
948	860
949		-	(i) Locate a new intensely developed area in a limited development
950		-	area or adjacent to an existing intensely developed area;
951	861
952		-	(ii) Locate a new limited development area adjacent to an existing
953		-	limited development area or an intensely developed area;
	862	+	E. Provisions as appropriate relating to [grandfathering of] 1
	863	+	development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or 2
	864	+	approved by the Commission, including provisions for bringing lands into conformance with 3
	865	+	the Program as required under item 12 of this subparagraph; 4
954	866
955		-	(iii) Locate a new limited development area or an intensely developed
956		-	area in a manner that minimizes impacts to a habitat protection area as defined in COMAR
957		-	27.01.09, and in an area and manner that optimizes benefits to water quality;
	867	+	6. Establishment of buffer areas along shorelines within 5
	868	+	which agriculture will be permitted only if AN AGRICULTURAL best management 6
	869	+	[practices are] PRACTICE IS used, provided that structures or any other use of land which 7
	870	+	is necessary for adjacent agriculture shall also be permitted in any buffer area; 8
958	871
959		-	(iv) Locate a new intensely developed area or a limited development
960		-	area in a resource conservation area at least 300 feet beyond the landward edge of tidal
961		-	wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission
962		-	approves, alternative measures for enhancement of water quality and habitat that provide
963		-	greater benefits to the resources;
	872	+	8. [Designation] ASSESSMENT AND MAP PING of shoreline 9
	873	+	areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, 10
	874	+	public access or assembly, and water–related recreation such as boat slips, piers, and 11
	875	+	beaches, WITH CONSIDERATION G IVEN TO UNDERSERVED COMMUNITI ES; 12
964	876
965		-	(v) Locate new intensely developed areas and limited development
966		-	areas in a manner that minimizes their impacts to the defined land uses of the resource
967		-	conservation area;
	877	+	13. Except as provided in subsection (d) of this section, 13
	878	+	provisions for granting a variance to the local jurisdiction’s critical area program, in 14
	879	+	accordance with regulations adopted by the Commission concerning variances set forth in 15
	880	+	[COMAR 27.01.11] COMAR 27.01.12; 16
968	881
969		-	(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED
970		-	DEVELOPMENT AREAS OU TSIDE OF AREAS VULNE RABLE TO CLIMATE CHA NGE
971		-	UNLESS THE LOCAL JUR ISDICTION PROPOSES A ND THE COMMISSION APPROVES:
	882	+	14. Penalty provisions establishing that, in addition to any 17
	883	+	other penalty applicable under State or local law, each person who violates a provision of 18
	884	+	this subtitle or of a program, including a contractor, property owner, or any other person 19
	885	+	who committed, assisted, authorized, or participated in the violation is subject to a fine not 20
	886	+	exceeding $10,000; [and] 21
972	887
973		-	1. ~~AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS~~
974		-	~~VULNERABLE~~ TO ~~CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF~~
975		-	~~THIS SUBTITLE;~~ ~~AND~~
	888	+	15. Administrative enforcement procedures in accordance 22
	889	+	with due process principles, including notice and an opportunity to be heard, and 23
	890	+	establishing that: 24
976	891
977		-	2. MEASURES THAT :
	892	+	A. Each violation of this subtitle or of a regulation, rule, 25
	893	+	order, program, or other requirement adopted under the authority of this subtitle 26
	894	+	constitutes a separate offense; 27
978	895
979		-	A~~. ASSESS CLIMATE RESILI ENCY AND VULNERABILI TY;~~
980		-	~~AND~~
	896	+	B. Each calendar day that a violation continues constitutes a 28
	897	+	separate offense; 29
981	898
982		-	B. INCORPORATE S ITING, DESIGN, CONSTRUCTION , AND
983		-	OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE CLIMATE RESILIENCY
984		-	AND REDUCE VULNERABI LITY;
985		-	Ch. 424 2024 LAWS OF MARYLAND
	899	+	C. For each offense, a person shall be subject to separate 30
	900	+	fines, orders, sanctions, and other penalties; 31
986	901
987		-	~~– 22 –~~
988		-	~~(VII) Except as provided in item [(viii)] (IX) of this paragraph~~, ~~no more~~
989		-	~~than one–half of the expansion allocated in the criteria of the Commission may be located~~
990		-	~~in resource conservation areas;~~
	902	+	D. Civil penalties for continuing violations shall accrue 32
	903	+	without a requirement for an additional assessment, notice, or opportunity for hearing for 33
	904	+	each separate offense; 34
	905	+	20 HOUSE BILL 233
991	906
992		-	[(vii)] (VIII) New intensely developed or limited development areas
993		-	involving the use of growth allocation shall conform to all criteria of the Commission and
994		-	shall be designated on the comprehensive zoning map submitted by the local jurisdiction
995		-	as part of its application to the Commission for program approval or at a later date in
996		-	compliance with § 8–1809(g) of this subtitle; and
997	907
998		-	[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent,
999		-	Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the
1000		-	county is unable to utilize a portion of the growth allocated to the county in items (i) and
1001		-	(ii) of this paragraph within or adjacent to existing intensely developed or limited
1002		-	development areas as demonstrated in the local plan approved by the Commission, then
1003		-	that portion of the allocated expansion which cannot be so located may be located in the
1004		-	resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this
1005		-	paragraph. A developer shall be required to cluster any development in an area of
1006		-	expansion authorized under this paragraph.
	908	+	E. On consideration of all the factors included under this 1
	909	+	subsection and any other factors in the local jurisdiction’s approved program, the local 2
	910	+	jurisdiction shall impose the amount of the penalty; 3
1007	911
1008		-	(4) In reviewing map amendments or refinements involving the use of
1009		-	growth allocation, the Commission shall consider the following factors:
	912	+	F. Satisfaction of all conditions specified under paragraph (4) 4
	913	+	of this subsection shall be a condition precedent to the issuance of any permit, approval, 5
	914	+	variance, or special exception for the affected property; and 6
1010	915
1011		-	(vi) Environmental impacts associated with wastewater and
1012		-	stormwater management practices and wastewater and stormwater discharges to tidal
1013		-	waters, tidal wetlands, and tributary streams; [and]
	916	+	G. Unless an extension of time is appropriate because of 7
	917	+	adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 8
	918	+	or special exception for the affected property, any additional mitigation required as a 9
	919	+	condition of approval for the permit, approval, variance, or special exception shall be 10
	920	+	completed; 11
1014	921
1015		-	(vii) Environmental impacts associated with location in a coastal
1016		-	hazard area or an increased risk of severe flooding attributable to the proposed
1017		-	development; AND
	922	+	16. PROVISIONS FOR: 12
1018	923
1019		-	~~(VIII) ENVIRONMENTAL IMPACTS ON UNDERSERVED OR~~
1020		-	~~OVERBURDENED COMMUNI TIES.~~
	924	+	A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE 13
	925	+	CHANGE; 14
1021	926
1022		-	(e) (1) Except as authorized under paragraph (2) of this subsection, in
1023		-	calculating the 1–in–20 acre density of development that is permitted on a parcel located
1024		-	within the resource conservation area, a local jurisdiction:
	927	+	B. MITIGATION AND ADAPTA TION MEASURES THAT 15
	928	+	ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING , 16
	929	+	OTHER EXTREME WEATHE R EVENTS, MIGRATING WETLANDS , AND COASTAL 17
	930	+	FORESTS; AND 18
1025	931
1026		-	(i) Shall count each dwelling unit; and
	932	+	C. ENHANCING THE CLIMATE RESILIENCY OF THE 19
	933	+	CRITICAL AREA BY IDE NTIFYING, RESTORING, AND CREATING AND CON SERVING 20
	934	+	EXISTING AND PROJECT ED FUTURE NA TURAL AND NATURE –BASED FEATURES ; 21
1027	935
1028		-	(ii) May permit the area of any private wetlands located on the
1029		-	property to be included, under the following conditions:
1030		-	WES MOORE, Governor Ch. 424
	936	+	17. PROVISIONS FOR: 22
1031	937
1032		-	– 23 –
1033		-	1. [The density of development on the upland portion of the
1034		-	parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF
1035		-	DEVELOPMENT RIGHTS ; and
	938	+	A. IDENTIFYING UNDERSERV ED AND OVERBURDENED 23
	939	+	COMMUNITIES WITHIN T HE CRITICAL AREA ; 24
1036	940
1037		-	2. ~~The area of private wetlands shall be [estimated on the~~
1038		-	~~basis~~ of ~~vegetative information as designated on~~ the ~~State wetlands maps]~~ ~~FIELD~~
1039		-	~~DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER .~~
	941	+	B. MEASURES TO ENSURE TH E EQUITABLE 25
	942	+	DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION , 26
	943	+	AND MITIGATION WITHI N THE CRITICAL AREA ; AND 27
1040	944
1041		-	(2) (i) Within a resource conservation area, a local jurisdiction may
1042		-	consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit
1043		-	for the purpose of the density calculation under this subsection if the additional dwelling
1044		-	unit:
	945	+	C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON 28
	946	+	PROCESS; 29
1045	947
1046		-	1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITIC AL
1047		-	AREA DEVELOPMENT STA NDARDS; AND
	948	+	18. PROVISIONS TO ENSURE PUBLIC ACCESS TO THE 30
	949	+	WATER, SHORELINE, AND OTHER NATURAL AR EAS FOR UNDERSERVED OR 31
	950	+	OVERBURDENED COMMUNI TIES; AND 32
	951	+	HOUSE BILL 233 21
1048	952
1049		-	2. A. I. Is located within the primary dwelling unit
1050		-	or its entire perimeter is within 100 feet of the primary dwelling unit; AND
1051	953
1052		-	~~[B.] II~~. ~~Does not exceed 900 square feet in total enclosed~~
1053		-	~~area;~~ and OR
	954	+	19. METHODS TO ENSURE EFF ECTIVE ALLOCATION , 1
	955	+	ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS. 2
1054	956
1055		-	[C.] III. Is served by the same sewage disposal system as the
1056		-	primary dwelling unit; or
	957	+	(4) A local jurisdiction may not issue a permit, approval, variance, or 3
	958	+	special exception THAT IS SUBJECT TO T HE VIOLATION, unless the person seeking the 4
	959	+	permit, approval, variance, or special exception has: 5
1057	960
1058		-	~~[2. A.] B.~~ ~~I. Is located within the primary dwelling unit;~~
1059		-	~~OR AND~~
	961	+	(i) Fully paid all administrative, civil, and criminal penalties 6
	962	+	imposed under paragraph (1)(iii)15 of this subsection; 7
1060	963
1061		-	~~[B.] II.~~ By ~~its construction, does not increase~~ the ~~amount of~~
1062		-	~~lot coverage already attributed~~ to the ~~primary dwelling unit BY GREATER THAN 900~~
1063		-	~~SQUARE FEET~~ ; and
	964	+	(ii) Prepared a restoration or mitigation plan, approved by the local 8
	965	+	jurisdiction, to abate impacts to water quality or natural resources as a result of the 9
	966	+	violation; and 10
1064	967
1065		-	~~[C.] III. Is served by~~ the ~~same sewage disposal system as~~ the
1066		-	~~primary dwelling unit~~.
	968	+	(iii) Performed the abatement measures in the approved plan in 11
	969	+	accordance with the local critical area program. 12
1067	970
1068		-	(ii) The provisions of this paragraph may not be construed to require
1069		-	a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling
1070		-	unit for the purpose of the density calculation under this subsection.
	971	+	8–1808.1. 13
1071	972
1072		-	(iii) An additional dwelling unit meeting all the criteria under
1073		-	subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not
1074		-	be subdivided or conveyed separately from the primary dwelling unit.
	973	+	(c) (2) When locating new intensely developed or limited development areas, 14
	974	+	local jurisdictions shall use the following standards: 15
1075	975
1076		-	(3) ~~[The provisions of this subsection:~~
1077		-	~~Ch.~~ ~~424~~ ~~2024 LAWS OF MARYLAND~~
	976	+	(i) Locate a new intensely developed area in a limited development 16
	977	+	area or adjacent to an existing intensely developed area; 17
1078	978
1079		-	~~– 24 –~~
1080		-	~~(i) Apply to density calculations only~~; ~~and~~
	979	+	(ii) Locate a new limited development area adjacent to an existing 18
	980	+	limited development area or an intensely developed area; 19
1081	981
1082		-	(ii) May not be construed to authorize a local jurisdiction to grant a
1083		-	variance, unless the variance is granted in accordance with the requirements of § 8–1808(d)
1084		-	of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET
1085		-	SHALL COUNT TOWARDS THE DENSITY CALCULAT ION.
	982	+	(iii) Locate a new limited development area or an intensely developed 20
	983	+	area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 21
	984	+	27.01.09, and in an area and manner that optimizes benefits to water quality; 22
1086	985
1087		-	8–1808.2.
	986	+	(iv) Locate a new intensely developed area or a limited development 23
	987	+	area in a resource conservation area at least 300 feet beyond the landward edge of tidal 24
	988	+	wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 25
	989	+	approves, alternative measures for enhancement of water quality and habitat that provide 26
	990	+	greater benefits to the resources; 27
1088	991
1089		-	(f) (1) As a condition of approval, a local jurisdiction shall require that:
	992	+	(v) Locate new intensely developed areas and limited development 28
	993	+	areas in a manner that minimizes their impacts to the defined land uses of the resource 29
	994	+	conservation area; 30
1090	995
1091		-	(i) Any deed for a lot that is created by a bona fide intrafamily
1092		-	transfer shall contain a covenant stating that the lot is created subject to the provisions of
1093		-	this section; and
	996	+	(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED 31
	997	+	DEVELOPMENT AREAS OU TSIDE OF AREAS VULNE RABLE TO CLIMATE CHA NGE 32
	998	+	UNLESS THE LOCAL JU RISDICTION PROPOSES AND THE COMMISSION APPROVES : 33
	999	+	22 HOUSE BILL 233
1094	1000
1095		-	(ii) A lot created by a bona fide intrafamily transfer may not be
1096		-	conveyed subsequently to any person other than a member of the owner’s immediate family,
1097		-	except under procedures established pursuant to subsection (g) of this section OR
1098		-	THROUGH THE PURCHASE OF A TRANSFERABLE DE VELOPMENT RIGHT .
1099	1001
1100		-	(2) This subsection does not prevent the conveyance of the lot to a third
1101		-	party as security for a mortgage or deed of trust.
	1002	+	1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS 1
	1003	+	VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF 2
	1004	+	THIS SUBTITLE; AND 3
1102	1005
1103		-	~~8–1808.3~~.
	1006	+	2. MEASURES THAT : 4
1104	1007
1105		-	(b) Lot coverage in the buffer may not exceed the minimum amount necessary for
1106		-	water–dependent [facilities] USES, regardless of the critical area classification or the size
1107		-	of the parcel or lot, except:
	1008	+	A. ASSESS CLIMATE RESILI ENCY AND VULNERABILITY ; 5
	1009	+	AND 6
1108	1010
1109		-	(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped
1110		-	or established under an approved local program;
	1011	+	B. INCORPORATE SITING , DESIGN, CONSTRUCTION , AND 7
	1012	+	OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE CLIMATE RESILIENCY 8
	1013	+	AND REDUCE VULNERABI LITY; 9
1111	1014
1112		-	(2) For a variance granted in accordance with this subtitle; or
	1015	+	(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more 10
	1016	+	than one–half of the expansion allocated in the criteria of the Commission may be located 11
	1017	+	in resource conservation areas; 12
1113	1018
1114		-	(3) As provided in a waterfront revitalization area or a waterfront
1115		-	industrial area under a local program.
	1019	+	[(vii)] (VIII) New intensely developed or limited development areas 13
	1020	+	involving the use of growth allocation shall conform to all criteria of the Commission and 14
	1021	+	shall be designated on the comprehensive zoning map submitted by the local jurisdiction 15
	1022	+	as part of its application to the Commission for program approval or at a later date in 16
	1023	+	compliance with § 8–1809(g) of this subtitle; and 17
1116	1024
1117		-	(f) A local jurisdiction may allow a property owner to exceed the lot coverage
1118		-	limits provided in subsection (d)(2) and (3) of this section if the following conditions exist:
	1025	+	[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, 18
	1026	+	Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the 19
	1027	+	county is unable to utilize a portion of the growth allocated to the county in items (i) and 20
	1028	+	(ii) of this paragraph within or adjacent to existing intensely developed or limited 21
	1029	+	development areas as demonstrated in the local plan approved by the Commission, then 22
	1030	+	that portion of the allocated expansion which cannot be so located may be located in the 23
	1031	+	resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this 24
	1032	+	paragraph. A developer shall be required to cluster any development in an area of 25
	1033	+	expansion authorized under this paragraph. 26
1119	1034
1120		-	(1) ~~Lot coverage associated with new development activities on~~ the
1121		-	~~property has been minimized;~~
	1035	+	(4) In reviewing map amendments or refinements involving the use of 27
	1036	+	growth allocation, the Commission shall consider the following factors: 28
1122	1037
1123		-	(2) ~~For a lot or parcel one–half acre or less in size, total lot coverage does~~
1124		-	~~not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500~~
1125		-	~~square feet~~, ~~whichever is greater~~; ~~WES MOORE, Governor Ch. 424~~
	1038	+	(vi) Environmental impacts associated with wastewater and 29
	1039	+	stormwater management practices and wastewater and stormwater discharges to tidal 30
	1040	+	waters, tidal wetlands, and tributary streams; [and] 31
1126	1041
1127		-	– 25 –
	1042	+	(vii) Environmental impacts associated with location in a coastal 32
	1043	+	hazard area or an increased risk of severe flooding attributable to the proposed 33
	1044	+	development; AND 34
	1045	+	HOUSE BILL 233 23
1128	1046
1129		-	(3) For a lot or parcel greater than one–half acre and less than one acre in
1130		-	size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section
1131		-	or 5,445 square feet, whichever is greater;
1132	1047
1133		-	(4) Water quality impacts associated with runoff from new development
1134		-	activities that contribute to lot coverage can be and have been minimized through site
1135		-	design considerations or use of best management practices approved by the local
1136		-	jurisdiction to improve water quality; [and]
	1048	+	(VIII) ENVIRONMENTAL IMPACTS O N UNDERSERVED OR 1
	1049	+	OVERBURDENED COMMUNI TIES. 2
1137	1050
1138		-	(5) The property owner performs on–site mitigation as required by the local
1139		-	jurisdiction to offset potential adverse water quality impacts from the new development
1140		-	activities that contribute to lot coverage, or the property owner pays a fee to the local
1141		-	jurisdiction in lieu of performing the on–site mitigation; AND
	1051	+	(e) (1) Except as authorized under paragraph (2) of this subsection, in 3
	1052	+	calculating the 1–in–20 acre density of development that is permitted on a parcel located 4
	1053	+	within the resource conservation area, a local jurisdiction: 5
1142	1054
1143		-	(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT
1144		-	HAVE BEEN APPROVED B Y THE COMMISSION AS PART OF A LOCAL PROGRAM , THE
1145		-	LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED
1146		-	BY UP TO 500 SQUARE FEET .
	1055	+	(i) Shall count each dwelling unit; and 6
1147	1056
1148		-	8–1808.10.
	1057	+	(ii) May permit the area of any private wetlands located on the 7
	1058	+	property to be included, under the following conditions: 8
1149	1059
1150		-	(b) (1) Except as provided under subsection (c) of this section, the minimum
1151		-	buffer shall be:
	1060	+	1. [The density of development on the upland portion of the 9
	1061	+	parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANS FER OF 10
	1062	+	DEVELOPMENT RIGHTS ; and 11
1152	1063
1153		-	(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and
	1064	+	2. The area of private wetlands shall be [estimated on the 12
	1065	+	basis of vegetative information as designated on the State wetlands maps] FIELD 13
	1066	+	DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER . 14
1154	1067
1155		-	(ii) 100 feet LANDWARD from a tributary stream.
	1068	+	(2) (i) Within a resource conservation area, a local jurisdiction may 15
	1069	+	consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit 16
	1070	+	for the purpose of the density calculation under this subsection if the additional dwelling 17
	1071	+	unit: 18
1156	1072
1157		-	8–1809.
	1073	+	1. DOES NOT REQUIRE A VA RIANCE TO ANY CRITIC AL 19
	1074	+	AREA DEVELOPMENT STA NDARDS; AND 20
1158	1075
1159		-	(g) Each local jurisdiction shall [review]:
	1076	+	2. A. I. Is located within the primary dwelling unit 21
	1077	+	or its entire perimeter is within 100 feet of the primary dwelling unit; AND 22
1160	1078
1161		-	(1) REVIEW its entire program and propose any necessary amendments to
1162		-	its entire program, including local zoning maps, at least every [6 years. Each local
1163		-	jurisdiction shall send] 10 YEARS; AND
	1079	+	[B.] II. Does not exceed 900 square feet in total enclosed 23
	1080	+	area; and OR 24
1164	1081
1165		-	~~(2) SEND in writing to~~ the ~~Commission, within 60 days after~~ the
1166		-	~~completion of its review,~~ ~~the following information:~~
	1082	+	[C.] III. Is served by the same sewage disposal system as the 25
	1083	+	primary dwelling unit; or 26
1167	1084
1168		-	[~~(1)~~] (I~~) A statement certifying that~~ the ~~required review has been~~
1169		-	~~accomplished;~~
	1085	+	[2. A.] B. I. Is located within the primary dwelling unit; 27
	1086	+	OR AND 28
1170	1087
1171		-	[(2)] (II) Any necessary requests for program amendments, program
1172		-	refinements, or other matters that the local jurisdiction wishes the Commission to consider; Ch. 424 2024 LAWS OF MARYLAND
	1088	+	[B.] II. By its construction, does not increase the amount of 29
	1089	+	lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900 30
	1090	+	SQUARE FEET ; and 31
	1091	+	24 HOUSE BILL 233
1173	1092
1174		-	– 26 –
1175	1093
1176		-	[(3)] (III) An updated resource inventory; and
	1094	+	[C.] III. Is served by the same sewage disposal system as the 1
	1095	+	primary dwelling unit. 2
1177	1096
1178		-	[(4)] (IV) A statement quantifying acreages within each land
1179		-	classification, the growth allocation used, and the growth allocation remaining.
	1097	+	(ii) The provisions of this paragraph may not be construed to require 3
	1098	+	a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling 4
	1099	+	unit for the purpose of the density calculation under this subsection. 5
1180	1100
1181		-	(H) ON REQUEST OF A LOCAL JURIS DICTION AND FOR GOOD CAUSE , THE
1182		-	COMMISSION MAY SHALL EXTEND THE DEADLINE UNDER SUBSECTION (G) OF THIS
1183		-	SECTION FOR THAT LOC AL JURISDICTION BY NOT MORE THAN TWO 6–MONTH
1184		-	EXTENSIONS 1 YEAR.
	1101	+	(iii) An additional dwelling unit meeting all the criteria under 6
	1102	+	subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not 7
	1103	+	be subdivided or conveyed separately from the primary dwelling unit. 8
1185	1104
1186		-	(I) A ON OR AFTER JANUARY 1, 2028, A LOCAL JURISDICTION THAT DO ES
1187		-	NOT MEET THE DEADLIN E UNDER SUBSECTION (G)(1) OF THIS SECTION OR A FTER
1188		-	THE EXPIRATION OF AN Y EXTENSION GRANTED UNDER SUBSECTION (H) OF THIS
1189		-	SECTION MAY NOT PROP OSE AN AMENDMENT OR REFINEMENT UNDER SUB SECTION
1190		-	(J) OF THIS SECTION.
	1105	+	(3) [The provisions of this subsection: 9
1191	1106
1192		-	[(h)] (J) (1) As often as necessary but not more than 4 times per calendar
1193		-	year, each local jurisdiction may propose program amendments and program refinements
1194		-	to its adopted program.
	1107	+	(i) Apply to density calculations only; and 10
1195	1108
1196		-	(2) ~~[(i) Except for program amendments or program refinements~~
1197		-	~~developed during program review under subsection (g)~~ of ~~this section,~~ ~~a zoning map~~
1198		-	~~amendment may be granted by a local approving authority only on proof~~ of ~~a mistake in~~
1199		-	the ~~existing zoning~~.
	1109	+	(ii) May not be construed to authorize a local jurisdiction to grant a 11
	1110	+	variance, unless the variance is granted in accordance with the requirements of § 8–1808(d) 12
	1111	+	of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET 13
	1112	+	SHALL COUNT TOWARDS THE DENSITY CALCULAT ION. 14
1200	1113
1201		-	(ii) The requirement in paragraph (2)(i) of this subsection that a
1202		-	zoning map amendment may be granted only on proof of a mistake does not apply to
1203		-	proposed changes to a zoning map that:
	1114	+	8–1808.2. 15
1204	1115
1205		-	1. Are wholly consistent with the land classifications in the
1206		-	adopted program; or
	1116	+	(f) (1) As a condition of approval, a local jurisdiction shall require that: 16
1207	1117
1208		-	2. Propose the use of a part of the remaining growth
1209		-	allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA
1210		-	DESIGNATION MAY BE G RANTED BY A LOCAL AP PROVING AUTHORITY ON PROOF OF
1211		-	MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION:
	1118	+	(i) Any deed for a lot that is created by a bona fide intrafamily 17
	1119	+	transfer shall contain a covenant stating that the lot is created subject to the provisions of 18
	1120	+	this section; and 19
1212	1121
1213		-	(I) CONFORMS TO THE STATE CRITICAL AREA MAPPING
1214		-	CRITERIA;
	1122	+	(ii) A lot created by a bona fide intrafamily transfer may not be 20
	1123	+	conveyed subsequently to any person other than a member of the owner’s immediate family, 21
	1124	+	except under procedures established pursuant to subsection (g) of this section OR 22
	1125	+	THROUGH THE PURCHASE OF A TRANSFERABLE DE VELOPMENT RIGHT . 23
1215	1126
1216		-	(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN
1217		-	EXISTENCE AS OF DECEMBER 1, 1985; OR
1218		-	WES MOORE, Governor Ch. 424
	1127	+	(2) This subsection does not prevent the conveyance of the lot to a third 24
	1128	+	party as security for a mortgage or deed of trust. 25
1219	1129
1220		-	– 27 –
1221		-	2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO
1222		-	REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E
1223		-	TIME OF THE REM APPING; AND
	1130	+	8–1808.3. 26
1224	1131
1225		-	(~~III~~) ~~FOLLOWS~~ THE ~~LOCAL JUR ISDICTION’S DOCUMENTED~~
1226		-	~~MAPPING METHODOLOGY FOR~~ CRITICAL AREA ~~CL ASSIFICATIONS AT~~ THE ~~TIME OF~~
1227		-	~~ORIGINAL PROGRAM ADO PTION;~~ ~~AND~~
	1132	+	(b) Lot coverage in the buffer may not exceed the minimum amount necessary for 27
	1133	+	water–dependent [facilities] USES, regardless of the critical area classification or the size 28
	1134	+	of the parcel or lot, except: 29
1228	1135
1229		-	(IV) ~~IS CONSISTENT WITH TH E PURPOSES~~, ~~POLICIES, AND GOALS~~
1230		-	~~OF THIS SUBTITLE AND ALL CRITERIA OF THE COMMISSION.~~
	1136	+	(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped 30
	1137	+	or established under an approved local program; 31
1231	1138
1232		-	(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP
1233		-	AMENDMENT :
	1139	+	(2) For a variance granted in accordance with this subtitle; or 32 HOUSE BILL 233 25
1234	1140
1235		-	(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN
1236		-	THE ADOPTED PROGRAM ;
1237	1141
1238		-	(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH
1239		-	ALLOCATION IN ACCO RDANCE WITH THE ADOP TED PROGRAM ; OR
1240	1142
1241		-	(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER
1242		-	AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A
1243		-	RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A
1244		-	RESOURCE CONSERVATIO N AREA.
	1143	+	(3) As provided in a waterfront revitalization area or a waterfront 1
	1144	+	industrial area under a local program. 2
1245	1145
1246		-	~~[(i)]~~ (L) A ~~program~~ may ~~not be amended except with~~ the ~~approval of the~~
1247		-	~~Commission.~~
	1146	+	(f) A local jurisdiction may allow a property owner to exceed the lot coverage 3
	1147	+	limits provided in subsection (d)(2) and (3) of this section if the following conditions exist: 4
1248	1148
1249		-	~~[(j)]~~ (M) The ~~Commission shall approve programs and program amendments~~
1250		-	~~that meet:~~
	1149	+	(1) Lot coverage associated with new development activities on the 5
	1150	+	property has been minimized; 6
1251	1151
1252		-	(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this
1253		-	subtitle; and
	1152	+	(2) For a lot or parcel one–half acre or less in size, total lot coverage does 7
	1153	+	not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 8
	1154	+	square feet, whichever is greater; 9
1254	1155
1255		-	(2) The criteria adopted by the Commission under § 8–1808 of this subtitle.
	1156	+	(3) For a lot or parcel greater than one–half acre and less than one acre in 10
	1157	+	size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section 11
	1158	+	or 5,445 square feet, whichever is greater; 12
1256	1159
1257		-	[(k) Copies of each approved program, as the program is amended or refined from
1258		-	time to time, shall be maintained by the local jurisdiction and the Commission in a form
1259		-	available for public inspection.]
	1160	+	(4) Water quality impacts associated with runoff from new development 13
	1161	+	activities that contribute to lot coverage can be and have been minimized through site 14
	1162	+	design considerations or use of best management practices approved by the local 15
	1163	+	jurisdiction to improve water quality; [and] 16
1260	1164
1261		-	[(l)] (N) (1) If the Commission determines that an adopted program contains
1262		-	a clear mistake, omission, or conflict with the criteria or law, the Commission may:
	1165	+	(5) The property owner performs on–site mitigation as required by the local 17
	1166	+	jurisdiction to offset potential adverse water quality impacts from the new development 18
	1167	+	activities that contribute to lot coverage, or the property owner pays a fee to the local 19
	1168	+	jurisdiction in lieu of performing the on–site mitigation; AND 20
1263	1169
1264		-	(i) Notify the local jurisdiction of the specific deficiency; and Ch. 424 2024 LAWS OF MARYLAND
	1170	+	(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT 21
	1171	+	HAVE BEEN APPROVED B Y THE COMMISSION AS PART OF A LOCAL P ROGRAM, THE 22
	1172	+	LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION M AY BE EXCEEDED 23
	1173	+	BY UP TO 500 SQUARE FEET . 24
1265	1174
1266		-	– ~~28 –~~
	1175	+	8–1808.10. 25
1267	1176
1268		-	(ii) ~~[Request] DIRECT that~~ the ~~jurisdiction submit a proposed~~
1269		-	~~program amendment or program refinement to correct the deficiency.~~
	1177	+	(b) (1) Except as provided under subsection (c) of this section, the minimum 26
	1178	+	buffer shall be: 27
1270	1179
1271		-	(2) Within 90 days after being notified of any deficiency under paragraph
1272		-	(1) of this subsection, the local jurisdiction shall submit to the Commission, as program
1273		-	amendments or program refinements, any proposed changes that are necessary to correct
1274		-	those deficiencies.
	1180	+	(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and 28
1275	1181
1276		-	(3) Local project approvals granted under a part of a program that the
1277		-	Commission has determined to be deficient shall be null and void after notice of the
1278		-	deficiency.
	1182	+	(ii) 100 feet LANDWARD from a tributary stream. 29
1279	1183
1280		-	[(m)] (O) (1) The Commission may adopt regulations that prescribe the
1281		-	procedures and information requirements for program amendments and program
1282		-	refinements.
	1184	+	8–1809. 30
1283	1185
1284		-	(2) In the absence of regulations under paragraph (1) of this subsection, a
1285		-	local jurisdiction may propose changes to adopted programs. Within 10 working days of
1286		-	receiving a proposal under this paragraph, the Commission shall:
	1186	+	(g) Each local jurisdiction shall [review]: 31
	1187	+	26 HOUSE BILL 233
1287	1188
1288		-	(i) [Mail a notification to] NOTIFY IN WRITING the local
1289		-	jurisdiction that the proposal has been accepted for processing; or
1290	1189
1291		-	(ii) Return the proposal as incomplete.
	1190	+	(1) REVIEW its entire program and propose any necessary amendments to 1
	1191	+	its entire program, including local zoning maps, at least every [6 years. Each local 2
	1192	+	jurisdiction shall send] 10 YEARS; AND 3
1292	1193
1293		-	[(n)] (P) A local jurisdiction may specify whether it intends a proposed change
1294		-	to be a program amendment or program refinement. However, the Commission shall treat
1295		-	a proposed change as a program amendment unless the [chairman] CHAIR determines that
1296		-	the proposed change is a program refinement.
	1194	+	(2) SEND in writing to the Commission, within 60 days after the 4
	1195	+	completion of its review, the following information: 5
1297	1196
1298		-	[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel
1299		-	shall hold a public hearing in the local jurisdiction, and the Commission shall act on the
1300		-	proposed program amendment within 130 days of the Commission’s acceptance of the
1301		-	proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES,
1302		-	AN EXTENSION .
	1197	+	[(1)] (I) A statement certifying that the required review has been 6
	1198	+	accomplished; 7
1303	1199
1304		-	(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE
1305		-	CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130
1306		-	days, the proposed program amendment is deemed approved.
	1200	+	[(2)] (II) Any necessary requests for program amendments, program 8
	1201	+	refinements, or other matters that the local jurisdiction wishes the Commission to consider; 9
1307	1202
1308		-	(2) The Commission shall determine if the proposed amendment is
1309		-	consistent with the purposes, policies, goals, and the provisions of this subtitle, and all
1310		-	criteria of the Commission.
1311		-	WES MOORE, Governor Ch. 424
	1203	+	[(3)] (III) An updated resource inventory; and 10
1312	1204
1313		-	– 29 –
1314		-	(3) In accordance with the Commission’s determination in paragraph (2) of
1315		-	this subsection, the Commission shall:
	1205	+	[(4)] (IV) A statement quantifying acreages within each land 11
	1206	+	classification, the growth allocation used, and the growth allocation remaining. 12
1316	1207
1317		-	(i) Approve the proposed program amendment and notify the local
1318		-	jurisdiction;
	1208	+	(H) ON REQUEST OF A LOCAL JURISDICTION AND FOR GOOD CAUSE , THE 13
	1209	+	COMMISSION MAY SHALL EXTEND THE DEADLINE UNDER SUBSECTION (G) OF THIS 14
	1210	+	SECTION FOR THAT LOC AL JURISDICTION BY NOT MORE THAN TWO 6–MONTH 15
	1211	+	EXTENSIONS 1 YEAR. 16
1319	1212
1320		-	(ii) Deny the proposed program amendment;
	1213	+	(I) A ON OR AFTER JANUARY 1, 2028, A LOCAL JURISDICTION T HAT DOES 17
	1214	+	NOT MEET THE DEADLIN E UNDER SUBSECTION (G)(1) OF THIS SECTION OR A FTER 18
	1215	+	THE EXPIRATION OF ANY EX TENSION GRANTED UNDE R SUBSECTION (H) OF THIS 19
	1216	+	SECTION MAY NOT PROP OSE AN AMENDMENT OR REFINEMENT UNDER SUB SECTION 20
	1217	+	(J) OF THIS SECTION. 21
1321	1218
1322		-	(iii) Approve the proposed program amendment subject to one or
1323		-	more conditions; or
	1219	+	[(h)] (J) (1) As often as necessary but not more than 4 times per calendar 22
	1220	+	year, each local jurisdiction may propose program amendments and program refinements 23
	1221	+	to its adopted program. 24
1324	1222
1325		-	(iv) Return the proposed program amendment to the local
1326		-	jurisdiction with a list of the changes to be made.
	1223	+	(2) [(i) Except for program amendments or program refinements 25
	1224	+	developed during program review under subsection (g) of this section, a zoning map 26
	1225	+	amendment may be granted by a local approving authority only on proof of a mistake in 27
	1226	+	the existing zoning. 28
1327	1227
1328		-	(4) If the ~~Commission approves~~ a ~~proposed program amendment subject to~~
1329		-	~~one or more conditions under item (3)(iii)~~ of ~~this subsection,~~ ~~the local jurisdiction shall~~
1330		-	~~notify the Commission within 60 days of its intent~~ to ~~adopt the conditions.~~
	1228	+	(ii) The requirement in paragraph (2)(i) of this subsection that a 29
	1229	+	zoning map amendment may be granted only on proof of a mistake does not apply to 30
	1230	+	proposed changes to a zoning map that: 31
1331	1231
1332		-	~~(5)~~ The ~~local jurisdiction shall incorporate~~ the ~~approved program~~
1333		-	~~amendment and any required conditions into the~~ adopted program ~~within 120 days of~~
1334		-	~~receiving notice from the Commission that the program amendment has been approved.~~
	1232	+	1. Are wholly consistent with the land classifications in the 32
	1233	+	adopted program; or 33
	1234	+	HOUSE BILL 233 27
1335	1235
1336		-	[(p)] (R) (1) Proposed program refinements shall be determined as provided
1337		-	in this subsection.
1338	1236
1339		-	(2~~) (i) Within 30 days~~ of the ~~Commission’s acceptance of a proposal to~~
1340		-	~~change an~~ adopted program~~, the [chairman~~] ~~CHAIR, on behalf of the Commission,~~ ~~may~~
1341		-	~~determine that the proposed change is~~ a ~~program refinement.~~ ~~[Immediately upon making~~
1342		-	~~a determination under this paragraph,~~ the ~~chairman]~~
	1237	+	2. Propose the use of a part of the remaining growth 1
	1238	+	allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA 2
	1239	+	DESIGNATION MA Y BE GRANTED BY A LO CAL APPROVING AUTHOR ITY ON PROOF OF 3
	1240	+	MISTAKE IF THE PROPO SED CRITICAL AREA CL ASSIFICATION: 4
1343	1241
1344		-	(II) THE CHAIR shall notify the Commission of that determination
1345		-	AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION
1346		-	REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION .
	1242	+	(I) CONFORMS TO THE STATE CRITICAL AREA M APPING 5
	1243	+	CRITERIA; 6
1347	1244
1348		-	[(ii)] (III) If a proposed change that was specifically submitted as a
1349		-	program refinement is not acted on by the [chairman] CHAIR within the 30–day period,
1350		-	the Commission shall notify the appropriate local jurisdiction that the proposed change has
1351		-	been deemed to be a program amendment.
	1245	+	(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN 7
	1246	+	EXISTENCE AS OF DECEMBER 1, 1985; OR 8
1352	1247
1353		-	~~(3) (i)~~ The ~~Commission may vote~~ to ~~override the [chairman’s] CHAIR’S~~
1354		-	~~determination only~~ at ~~the first Commission meeting where a quorum is present following~~
1355		-	the ~~[chairman’s determination]~~ ~~CHAIR’S NOTIFICATION TO TH E COMMISSION.~~
	1248	+	2. FOR AREAS INCLUDED IN THE CRITICAL AREA DU E TO 9
	1249	+	REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E 10
	1250	+	TIME OF THE REMAPPIN G; AND 11
1356	1251
1357		-	(ii) If the [chairman’s] CHAIR’S determination is overridden, the
1358		-	proposed change is deemed a program amendment, which shall be decided by the Ch. 424 2024 LAWS OF MARYLAND
	1252	+	(III) FOLLOWS THE LOCAL JUR ISDICTION’S DOCUMENTED 12
	1253	+	MAPPING METHODOLOGY FOR CRITICAL AREA CL ASSIFICATIONS AT THE TIME OF 13
	1254	+	ORIGINAL PROGRAM ADO PTION; AND 14
1359	1255
1360		-	– 30 –
1361		-	Commission in accordance with the procedures for program amendments provided in this
1362		-	section, except that the Commission shall act on the program amendment within [60] 90
1363		-	days after a vote to override the [chairman] CHAIR.
	1256	+	(IV) IS CONSISTENT WITH TH E PURPOSES, POLICIES, AND GOALS 15
	1257	+	OF THIS SUBTITLE AND ALL CRITERIA OF THE COMMISSION. 16
1364	1258
1365		-	(iii) If the [chairman’s] CHAIR’S determination is not overridden,
1366		-	within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision
1367		-	under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall:
	1259	+	(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP 17
	1260	+	AMENDMENT : 18
1368	1261
1369		-	1. Determine if the program refinement is consistent with
1370		-	the purposes, policies, goals, and provisions of this subtitle, and all criteria of the
1371		-	Commission; and
	1262	+	(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN 19
	1263	+	THE ADOPTED PROGRAM ; 20
1372	1264
1373		-	2~~. A. Approve~~ the ~~proposed program refinement and~~
1374		-	~~notify~~ the ~~local jurisdiction~~;
	1265	+	(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH 21
	1266	+	ALLOCATION IN ACCORD ANCE WITH THE ADOPTE D PROGRAM; OR 22
1375	1267
1376		-	B. Deny the program refinement;
	1268	+	(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER 23
	1269	+	AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A 24
	1270	+	RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A 25
	1271	+	RESOURCE CONSERVATIO N AREA. 26
1377	1272
1378		-	~~C. Approve~~ the ~~proposed program refinement subject to one~~
1379		-	~~or more conditions; or~~
	1273	+	[(i)] (L) A program may not be amended except with the approval of the 27
	1274	+	Commission. 28
1380	1275
1381		-	~~D. Return~~ the ~~proposed~~ program ~~refinement back to the local~~
1382		-	~~jurisdiction with a list of the changes to be made.~~
	1276	+	[(j)] (M) The Commission shall approve programs and program amendments 29
	1277	+	that meet: 30
1383	1278
1384		-	(iv) If the [Commission] CHAIR approves a proposed program
1385		-	refinement subject to one or more conditions under item (iii)3 of this paragraph, the local
1386		-	jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions.
	1279	+	(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this 31
	1280	+	subtitle; and 32 28 HOUSE BILL 233
1387	1281
1388		-	(4) A local jurisdiction shall incorporate an approved program refinement
1389		-	and any required conditions into its adopted program within 120 days of receiving notice
1390		-	from the [chairman] CHAIR that the program refinement has been approved.
1391	1282
1392		-	[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all
1393		-	proposed program amendments or program refinements required for a specific project
1394		-	approval into a single request to the Commission for program amendment, program
1395		-	refinement, or both.
1396	1283
1397		-	(ii) The Commission shall ensure that any requests received in
1398		-	accordance with this paragraph are consistent with the purposes, policies, goals, and
1399		-	provisions of this subtitle, and all criteria of the Commission.
	1284	+	(2) The criteria adopted by the Commission under § 8–1808 of this subtitle. 1
1400	1285
1401		-	(2) A project for which a local jurisdiction requests growth allocation may
1402		-	be submitted as a proposed program amendment, program refinement, or both.
	1286	+	[(k) Copies of each approved program, as the program is amended or refined from 2
	1287	+	time to time, shall be maintained by the local jurisdiction and the Commission in a form 3
	1288	+	available for public inspection.] 4
1403	1289
1404		-	(3) ~~Approval by~~ the Commission ~~of a~~ program ~~amendment, program~~
1405		-	~~refinement~~, or ~~both does not affect~~ the Commission~~’s authority to receive notice of or WES MOORE, Governor Ch. 424~~
	1290	+	[(l)] (N) (1) If the Commission determines that an adopted program contains 5
	1291	+	a clear mistake, omission, or conflict with the criteria or law, the Commission may: 6
1406	1292
1407		-	– 31 –
1408		-	intervene in a project approval that was not specifically approved by the Commission as
1409		-	part of its approval of a program amendment or program refinement.
	1293	+	(i) Notify the local jurisdiction of the specific deficiency; and 7
1410	1294
1411		-	[~~(r)~~] ~~(T) Within 6 months after~~ the ~~adoption of amended criteria,~~ a ~~local~~
1412		-	~~jurisdiction shall send~~ to the ~~Commission:~~
	1295	+	(ii) [Request] DIRECT that the jurisdiction submit a proposed 8
	1296	+	program amendment or program refinement to correct the deficiency. 9
1413	1297
1414		-	(1) Proposed program amendments or program refinements that address
1415		-	the amended criteria; or
	1298	+	(2) Within 90 days after being notified of any deficiency under paragraph 10
	1299	+	(1) of this subsection, the local jurisdiction shall submit to the Commission, as program 11
	1300	+	amendments or program refinements, any proposed changes that are necessary to correct 12
	1301	+	those deficiencies. 13
1416	1302
1417		-	(2) A ~~statement describing how~~ the ~~adopted program conforms to the~~
1418		-	~~amended criteria~~ and ~~certifying that~~ the ~~adopted program is consistent with the amended~~
1419		-	~~criteria~~.
	1303	+	(3) Local project approvals granted under a part of a program that the 14
	1304	+	Commission has determined to be deficient shall be null and void after notice of the 15
	1305	+	deficiency. 16
1420	1306
1421		-	[(s)] (U) If the Commission ~~adopts a regulation concerning~~ the ~~use of the growth~~
1422		-	~~allocation, any use of the growth allocation must be in accordance with that regulation~~ for
1423		-	~~the change to be considered a program refinement~~.
	1307	+	[(m)] (O) (1) The Commission may adopt regulations that prescribe the 17
	1308	+	procedures and information requirements for program amendments and program 18
	1309	+	refinements. 19
1424	1310
1425		-	8–1810.
	1311	+	(2) In the absence of regulations under paragraph (1) of this subsection, a 20
	1312	+	local jurisdiction may propose changes to adopted programs. Within 10 working days of 21
	1313	+	receiving a proposal under this paragraph, the Commission shall: 22
1426	1314
1427		-	(E) IF A LOCAL ~~JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED~~
1428		-	~~PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE:~~
	1315	+	(i) [Mail a notification to] NOTIFY IN WRITING the local 23
	1316	+	jurisdiction that the proposal has been accepted for processing; or 24
1429	1317
1430		-	(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPDATE TO THE
1431		-	LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR
	1318	+	(ii) Return the proposal as incomplete. 25
1432	1319
1433		-	(2) (1) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM IF A
1434		-	LOCAL JURISDICTION F AILS TO UPDATE AN AD OPTED PROGRAM AFTER THE
1435		-	DEADLINE UNDER § 8–1809(G)(1) OF THIS SUBTITLE OR AFTER THE EXPIRATION OF
1436		-	AN EXTENSION GRANTED UNDER § 8–1809(H) OF THIS SUBTITLE , THE COMMISSION
1437		-	SHALL MAKE A GOOD FA ITH EFFORT TO NOTIFY THE LOCAL JURISDICTI ON THAT ITS
1438		-	PROGRAM NEEDS TO BE UPDATED BY AT LEAST 4 DOCUMENTED NOTIFICAT ION
1439		-	ATTEMPTS OVER A 3–YEAR PERIOD.
	1320	+	[(n)] (P) A local jurisdiction may specify whether it intends a proposed change 26
	1321	+	to be a program amendment or program refinement. However, the Commission shall treat 27
	1322	+	a proposed change as a program amendment unless the [chairman] CHAIR determines that 28
	1323	+	the proposed change is a program refinement. 29
1440	1324
1441		-	(2) (I) ~~SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH~~ , ~~THE~~
1442		-	LOCAL JURISDICTION ~~S HALL ADOPT AN UPDATE TO~~ THE ~~PROGRAM WITHI N 2 YEARS~~
1443		-	OF THE ~~LAST NOTICE F ROM~~ THE ~~COMMISSION.~~
	1325	+	[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel 30
	1326	+	shall hold a public hearing in the local jurisdiction, and the Commission shall act on the 31
	1327	+	proposed program amendment within 130 days of the Commission’s acceptance of the 32 HOUSE BILL 233 29
1444	1328
1445		-	(II) THE COMMISSION MAY UPDATE THE PROGRAM IF THE
1446		-	LOCAL JURISDICTION F AILS TO UPDATE ITS PRO GRAM WITHIN THE 2–YEAR PERIOD.
1447	1329
1448		-	8–1811.
	1330	+	proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES, 1
	1331	+	AN EXTENSION . 2
1449	1332
1450		-	(b) ~~(2) From~~ the ~~date designated by~~ the ~~Commission in approving or adopting~~
1451		-	~~a program~~, an ~~applicant for project approval or~~ the ~~local agency authorized to grant project~~
1452		-	~~approval on an application in any of~~ the ~~identified classes shall send to the Commission in Ch~~. ~~424 2024 LAWS OF MARYLAND~~
	1333	+	(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE 3
	1334	+	CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130 4
	1335	+	days, the proposed program amendment is deemed approved. 5
1453	1336
1454		-	– 32 –
1455		-	accordance with the regulations and any other instructions of the Commission, a copy of
1456		-	every pending or new application for approval that is in any of the identified classes. Before
1457		-	the close of the fifth business day after receipt of a copy of an application from [the applicant
1458		-	or] the local approving authority, the Commission shall send written notice of receipt to the
1459		-	applicant and to the local approving authority. A failure of the Commission to send a timely
1460		-	notice shall render paragraph (3) of this subsection inapplicable as to that application.
	1337	+	(2) The Commission shall determine if the proposed amendment is 6
	1338	+	consistent with the purposes, policies, goals, and the provisions of this subtitle, and all 7
	1339	+	criteria of the Commission. 8
1461	1340
1462		-	8–1812.
	1341	+	(3) In accordance with the Commission’s determination in paragraph (2) of 9
	1342	+	this subsection, the Commission shall: 10
1463	1343
1464		-	(a) After the Commission has approved or adopted a program, the [chairman]
1465		-	CHAIR of the Commission has standing and the right and authority to initiate or intervene
1466		-	in any administrative, judicial, or other original proceeding or appeal in this State
1467		-	concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal
1468		-	Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority
1469		-	without first obtaining approval from the Commission, but the [chairman] CHAIR shall
1470		-	send prompt written notice of any intervention or initiation of action under this section to
1471		-	each member of the Commission. The [chairman] CHAIR shall withdraw the intervention
1472		-	or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at
1473		-	least 13 members indicate disapproval of the action, either in writing addressed to the
1474		-	[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the
1475		-	local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request
1476		-	a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action.
	1344	+	(i) Approve the proposed program amendment and notify the local 11
	1345	+	jurisdiction; 12
1477	1346
1478		-	(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general
1479		-	laws and rules of procedure that govern the time within and manner in which the authority
1480		-	granted in subsection (a) of this section may be exercised.
	1347	+	(ii) Deny the proposed program amendment; 13
1481	1348
1482		-	(c) The [chairman] CHAIR may appeal an action or decision even if the
1483		-	[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or
1484		-	decision.
	1349	+	(iii) Approve the proposed program amendment subject to one or 14
	1350	+	more conditions; or 15
1485	1351
1486		-	8–1813.1.
	1352	+	(iv) Return the proposed program amendment to the local 16
	1353	+	jurisdiction with a list of the changes to be made. 17
1487	1354
1488		-	(d) A local jurisdiction may include in the jurisdiction’s local critical area
1489		-	protection program, to be approved by the Commission, an alternative buffer provision for
1490		-	the development of a planned unit development in accordance with the planned unit
1491		-	development’s Step III approval, provided that:
	1355	+	(4) If the Commission approves a proposed program amendment subject to 18
	1356	+	one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall 19
	1357	+	notify the Commission within 60 days of its intent to adopt the conditions. 20
1492	1358
1493		-	(5) At least 75% of the dwelling units in the planned unit development
1494		-	comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a
1495		-	buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal
1496		-	wetlands, or tributary streams.
	1359	+	(5) The local jurisdiction shall incorporate the approved program 21
	1360	+	amendment and any required conditions into the adopted program within 120 days of 22
	1361	+	receiving notice from the Commission that the program amendment has been approved. 23
1497	1362
1498		-	~~8–1814.~~
1499		-	~~WES MOORE, Governor Ch~~. ~~424~~
	1363	+	[(p)] (R) (1) Proposed program refinements shall be determined as provided 24
	1364	+	in this subsection. 25
1500	1365
1501		-	– 33 –
1502		-	(a) After 760 days have elapsed from the date upon which criteria adopted by the
1503		-	Commission become effective, any State or local agency that proposes development which
1504		-	has not been subject to project approval by the local jurisdiction under an approved
1505		-	program, including buildings, treatment plants, roads, railroads, and airports, in the
1506		-	Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall,
1507		-	before the State or local agency begins the development, receive the approval of the
1508		-	Commission in accordance with procedures or exceptions set forth in regulations adopted
1509		-	by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this
1510		-	subtitle. These regulations shall be adopted on or before September 1, 1987, and only after
1511		-	consultation with affected State and local agencies.
	1366	+	(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 26
	1367	+	change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may 27
	1368	+	determine that the proposed change is a program refinement. [Immediately upon making 28
	1369	+	a determination under this paragraph, the chairman] 29
1512	1370
1513		-	(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult
1514		-	with the Commission in making consistency determinations under the Federal Coastal
1515		-	Zone Management Program.
	1371	+	(II) THE CHAIR shall notify the Commission of that determination 30
	1372	+	AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION 31
	1373	+	REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION . 32
	1374	+	30 HOUSE BILL 233
1516	1375
1517		-	8–1815.
1518	1376
1519		-	(a) (2) (i) A person who violates a provision of an order, permit, plan, local
1520		-	program, this subtitle, or regulations adopted, approved, or issued under the authority of
1521		-	this subtitle shall be:
	1377	+	[(ii)] (III) If a proposed change that was specifically submitted as a 1
	1378	+	program refinement is not acted on by the [chairman] CHAIR within the 30–day period, 2
	1379	+	the Commission shall notify the appropriate local jurisdiction that the proposed change has 3
	1380	+	been deemed to be a program amendment. 4
1522	1381
1523		-	~~1. Subject~~ to ~~prosecution or suit in circuit court or District~~
1524		-	~~Court by~~ the ~~[chairman] CHAIR or local authorities,~~ ~~who may invoke the sanctions and~~
1525		-	~~remedies afforded by State or local law;~~
	1382	+	(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S 5
	1383	+	determination only at the first Commission meeting where a quorum is present following 6
	1384	+	the [chairman’s determination] CHAIR’S NOTIFICATION TO TH E COMMISSION. 7
1526	1385
1527		-	(3) A local authority may request:
	1386	+	(ii) If the [chairman’s] CHAIR’S determination is overridden, the 8
	1387	+	proposed change is deemed a program amendment, which shall be decided by the 9
	1388	+	Commission in accordance with the procedures for program amendments provided in this 10
	1389	+	section, except that the Commission shall act on the program amendment within [60] 90 11
	1390	+	days after a vote to override the [chairman] CHAIR. 12
1528	1391
1529		-	(ii) That the [chairman] CHAIR refer an enforcement action to the
1530		-	Attorney General.
	1392	+	(iii) If the [chairman’s] CHAIR’S determination is not overridden, 13
	1393	+	within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision 14
	1394	+	under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall: 15
1531	1395
1532		-	(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction
1533		-	is failing to enforce the requirements of a program applicable to a particular development,
1534		-	the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within
1535		-	30 days after service of the notice, the local authorities have failed to initiate an action to
1536		-	remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney
1537		-	General.
	1396	+	1. Determine if the program refinement is consistent with 16
	1397	+	the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 17
	1398	+	Commission; and 18
1538	1399
1539		-	(e) Notwithstanding any other provision of this section, whenever a development
1540		-	in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area
1541		-	is proceeding in violation of approved project plans and threatens to immediately and
1542		-	irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the
1543		-	Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain
1544		-	the violation and, as appropriate, to compel restoration of any land or water areas affected
1545		-	by the development.
	1400	+	2. A. Approve the proposed program refinement and 19
	1401	+	notify the local jurisdiction; 20
1546	1402
1547		-	~~8–1815.1~~. ~~Ch.~~ ~~424~~ ~~2024 LAWS OF MARYLAND~~
	1403	+	B. Deny the program refinement; 21
1548	1404
1549		-	– 34 –
	1405	+	C. Approve the proposed program refinement subject to one 22
	1406	+	or more conditions; or 23
1550	1407
1551		-	(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake
1552		-	Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local
1553		-	critical area program or of regulations adopted by the Commission, the [chairman] CHAIR
1554		-	may bring an action, or the local jurisdiction may bring an action or request that the
1555		-	[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an
1556		-	action:
	1408	+	D. Return the proposed program refinement back to the local 24
	1409	+	jurisdiction with a list of the changes to be made. 25
1557	1410
1558		-	(1) ~~To require~~ the ~~person to replant trees where the cutting or clearing~~
1559		-	~~occurred in accordance with a plan prepared by~~ the ~~State Forester,~~ ~~a registered professional~~
1560		-	~~forester, or a registered landscape architect;~~
	1411	+	(iv) If the [Commission] CHAIR approves a proposed program 26
	1412	+	refinement subject to one or more conditions under item (iii)3 of this paragraph, the local 27
	1413	+	jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions. 28
1561	1414
1562		-	(2) To restrain the planned violation; or
	1415	+	(4) A local jurisdiction shall incorporate an approved program refinement 29
	1416	+	and any required conditions into its adopted program within 120 days of receiving notice 30
	1417	+	from the [chairman] CHAIR that the program refinement has been approved. 31
1563	1418
1564		-	(3) For damages:
	1419	+	[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all 32
	1420	+	proposed program amendments or program refinements required for a specific project 33
	1421	+	approval into a single request to the Commission for program amendment, program 34
	1422	+	refinement, or both. 35 HOUSE BILL 233 31
1565	1423
1566		-	(i) To be assessed by a circuit court in an amount equal to the
1567		-	estimated cost of replanting trees; and
1568	1424
1569		-	(ii) To be paid to the Department by the person found to have
1570		-	violated the provisions of this subsection.
1571	1425
1572		-	(c) If the [chairman] CHAIR of the Commission has reason to believe that the
1573		-	local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the
1574		-	[chairman] CHAIR shall refer the matter to the Attorney General as provided under §
1575		-	8–1815(b) of this subtitle.
	1426	+	(ii) The Commission shall ensure that any requests received in 1
	1427	+	accordance with this paragraph are consistent with the purposes, policies, goals, and 2
	1428	+	provisions of this subtitle, and all criteria of the Commission. 3
1576	1429
1577		-	(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation
1578		-	under subsection (c) of this section to the Attorney General, the Attorney General may
1579		-	invoke the remedies available to the local jurisdiction under subsection (b) of this section
1580		-	in any court of competent jurisdiction in which the local jurisdiction would be authorized to
1581		-	prosecute or sue.
	1430	+	(2) A project for which a local jurisdiction requests growth allocation may 4
	1431	+	be submitted as a proposed program amendment, program refinement, or both. 5
1582	1432
1583		-	(e) On the ~~request~~ of a ~~local jurisdiction or the [chairman] CHAIR of the~~
1584		-	~~Commission, the State Forester, a registered professional forester~~, or ~~a registered~~
1585		-	~~landscape architect may prepare,~~ ~~oversee, and approve~~ the ~~final implementation of a plan~~
1586		-	~~to:~~
	1433	+	(3) Approval by the Commission of a program amendment, program 6
	1434	+	refinement, or both does not affect the Commission’s authority to receive notice of or 7
	1435	+	intervene in a project approval that was not specifically approved by the Commission as 8
	1436	+	part of its approval of a program amendment or program refinement. 9
1587	1437
1588		-	(1) Replant trees in any part of the Chesapeake Bay Critical Area where
1589		-	trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b)
1590		-	of this section; and
	1438	+	[(r)] (T) Within 6 months after the adoption of amended criteria, a local 10
	1439	+	jurisdiction shall send to the Commission: 11
1591	1440
1592		-	(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area
1593		-	where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of
1594		-	subsection (b) of this section.
1595		-	WES MOORE, Governor Ch. 424
	1441	+	(1) Proposed program amendments or program refinements that address 12
	1442	+	the amended criteria; or 13
1596	1443
1597		-	– 35 –
1598		-	[8–1817.
	1444	+	(2) A statement describing how the adopted program conforms to the 14
	1445	+	amended criteria and certifying that the adopted program is consistent with the amended 15
	1446	+	criteria. 16
1599	1447
1600		-	(a) ~~By January 1, 1994,~~ the Commission ~~shall adopt criteria that assure~~ the
1601		-	~~protection~~ of ~~land and water resources~~ in ~~the Critical Area and~~ that ~~shall apply throughout~~
1602		-	the ~~Critical Area for:~~
	1448	+	[(s)] (U) If the Commission adopts a regulation concerning the use of the growth 17
	1449	+	allocation, any use of the growth allocation must be in accordance with that regulation for 18
	1450	+	the change to be considered a program refinement. 19
1603	1451
1604		-	(1) Production of oil or natural gas on lands or waters leased by the State;
1605		-	and
	1452	+	8–1810. 20
1606	1453
1607		-	(2) ~~Exploration or production of oil or natural gas~~ on ~~any lands in the~~
1608		-	~~Critical Area.~~
	1454	+	(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED 21
	1455	+	PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE: 22
1609	1456
1610		-	(b) (1) In addition to other applicable provisions of law, an applicant for any
1611		-	production or exploratory drilling that will occur on, in, under, or through the Critical Area,
1612		-	including wells drilled outside the Critical Area by a method known as slant drilling that
1613		-	will pass through the Critical Area, shall complete and submit with the application an
1614		-	environmental impact study that addresses the potential for any adverse environmental
1615		-	effects on the Critical Area as a result of the drilling.
	1457	+	(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPDATE TO THE 23
	1458	+	LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR 24
1616	1459
1617		-	(2) (i) The Department shall forward a copy of the permit application
1618		-	and the environmental impact study referred to in paragraph (1) of this subsection to the
1619		-	Commission for its review and comment.
	1460	+	(2) (1) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM IF A 25
	1461	+	LOCAL JURISDICTION F AILS TO UPDATE AN AD OPTED PROGRAM AFTER THE 26
	1462	+	DEADLINE UNDER § 8–1809(G)(1) OF THIS SUBTITLE OR AFTER THE EXPIRATION OF 27
	1463	+	AN EXTENSION GRANTED UNDER § 8–1809(H) OF THIS SUBTITLE , THE COMMISSION 28
	1464	+	SHALL MAKE A GOOD FA ITH EFFORT TO NOTIFY THE LOCAL JURISDICTI ON THAT ITS 29
	1465	+	PROGRAM NEEDS TO BE UPDATED BY AT LEAST 4 DOCUMENTED NOTIFICAT ION 30
	1466	+	ATTEMPTS OVER A 3–YEAR PERIOD. 31
	1467	+	32 HOUSE BILL 233
1620	1468
1621		-	(ii) The Department shall consider and comment in writing on the
1622		-	objections and concerns of the Commission before issuing a permit under this subsection.]
1623	1469
1624		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED, That on completion~~ of the ~~statewide~~
1625		-	~~base map project,~~ ~~as specified under Section 3 of Chapter 119 of~~ the ~~Acts of the General~~
1626		-	~~Assembly~~ of ~~2008,~~ the ~~process for updating~~ the ~~map shall proceed as follows:~~
	1470	+	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 1
	1471	+	LOCAL JURISDICTION S HALL ADOPT AN UPDATE TO THE PROGRAM WITHI N 2 YEARS 2
	1472	+	OF THE LAST NOTICE F ROM THE COMMISSION. 3
1627	1473
1628		-	(1) in accordance with the following requirements and conditions, the
1629		-	Critical Area Commission, with the assistance of the Department of Natural Resources and
1630		-	the Department of the Environment, shall prepare an update to the statewide base map at
1631		-	appropriate intervals, but not less than every 8 years, that includes a State–determined
1632		-	shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced
1633		-	1,000–foot critical area boundary, as appropriate for integration into a Geographic
1634		-	Information System, under the following standards:
	1474	+	(II) THE COMMISSION MAY UPDATE THE PROGRAM IF THE 4
	1475	+	LOCAL JURISDICTION F AILS TO UPDATE ITS PROG RAM WITHIN THE 2–YEAR PERIOD. 5
1635	1476
1636		-	(i) the best available imagery of comparable scale shall be used to
1637		-	identify the shoreline and landward boundary of tidal wetlands as part of the map update;
	1477	+	8–1811. 6
1638	1478
1639		-	(ii) the boundary shall be accurate to a scale of 1:1200; and
	1479	+	(b) (2) From the date designated by the Commission in approving or adopting 7
	1480	+	a program, an applicant for project approval or the local agency authorized to grant project 8
	1481	+	approval on an application in any of the identified classes shall send to the Commission in 9
	1482	+	accordance with the regulations and any other instructions of the Commission, a copy of 10
	1483	+	every pending or new application for approval that is in any of the identified classes. Before 11
	1484	+	the close of the fifth business day after receipt of a copy of an application from [the applicant 12
	1485	+	or] the local approving authority, the Commission shall send written notice of receipt to the 13
	1486	+	applicant and to the local approving authority. A failure of the Commission to send a timely 14
	1487	+	notice shall render paragraph (3) of this subsection inapplicable as to that application. 15
1640	1488
1641		-	(iii) the mapped shoreline and landward boundary of tidal wetlands
1642		-	may not be construed to represent an official wetland delineation or to change in any way
1643		-	any statutory provision under Title 16 of the Environment Article, any regulatory provision Ch. 424 2024 LAWS OF MARYLAND
	1489	+	8–1812. 16
1644	1490
1645		-	– 36 –
1646		-	under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision
1647		-	related to a project–specific wetland delineation that may be necessary and appropriate;
	1491	+	(a) After the Commission has approved or adopted a program, the [chairman] 17
	1492	+	CHAIR of the Commission has standing and the right and authority to initiate or intervene 18
	1493	+	in any administrative, judicial, or other original proceeding or appeal in this State 19
	1494	+	concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal 20
	1495	+	Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority 21
	1496	+	without first obtaining approval from the Commission, but the [chairman] CHAIR shall 22
	1497	+	send prompt written notice of any intervention or initiation of action under this section to 23
	1498	+	each member of the Commission. The [chairman] CHAIR shall withdraw the intervention 24
	1499	+	or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at 25
	1500	+	least 13 members indicate disapproval of the action, either in writing addressed to the 26
	1501	+	[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the 27
	1502	+	local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request 28
	1503	+	a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action. 29
1648	1504
1649		-	(2) a local jurisdiction shall formally adopt its updated critical area map
1650		-	based on the statewide base map within 6 months of its receipt from the Department of
1651		-	Natural Resources and the Commission and may request an extension of time for an
1652		-	additional 6 months if evidence of reasonable progress has been made and is satisfactory
1653		-	to the Commission;
	1505	+	(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general 30
	1506	+	laws and rules of procedure that govern the time within and manner in which the authority 31
	1507	+	granted in subsection (a) of this section may be exercised. 32
1654	1508
1655		-	(3) the Commission, with the assistance of each local jurisdiction, shall:
	1509	+	(c) The [chairman] CHAIR may appeal an action or decision even if the 33
	1510	+	[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or 34
	1511	+	decision. 35
1656	1512
1657		-	(i) designate unclassified areas that were not within the original
1658		-	critical area boundary in accordance with the mapping standards set forth under COMAR
1659		-	27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and
	1513	+	8–1813.1. 36
	1514	+	HOUSE BILL 233 33
1660	1515
1661		-	(ii) identify areas where there appear to be inconsistencies between
1662		-	the statewide base map and the local jurisdiction’s critical area map;
1663	1516
1664		-	(4) a local jurisdiction shall apply the updated State–determined shoreline
1665		-	and landward boundary of tidal wetlands and a digitally generated, georeferenced
1666		-	1,000–foot critical area boundary once it is officially transferred from the Department of
1667		-	Natural Resources and the Commission and shall apply the updates notwithstanding any
1668		-	local approval process; and
	1517	+	(d) A local jurisdiction may include in the jurisdiction’s local critical area 1
	1518	+	protection program, to be approved by the Commission, an alternative buffer provision for 2
	1519	+	the development of a planned unit development in accordance with the planned unit 3
	1520	+	development’s Step III approval, provided that: 4
1669	1521
1670		-	(5) each local jurisdiction shall ensure that, where applicable, each project
1671		-	submittal uses the updated digitally generated, georeferenced critical area boundary.
	1522	+	(5) At least 75% of the dwelling units in the planned unit development 5
	1523	+	comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a 6
	1524	+	buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal 7
	1525	+	wetlands, or tributary streams. 8
1672	1526
1673		-	~~SECTION 3~~. ~~AND BE IT FURTHER ENACTED, That:~~
	1527	+	8–1814. 9
1674	1528
1675		-	(a) The Department of Natural Resources shall notify the Department of
1676		-	Legislative Services in writing on the date of official completion of the statewide base map
1677		-	project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of
1678		-	2008.
	1529	+	(a) After 760 days have elapsed from the date upon which criteria adopted by the 10
	1530	+	Commission become effective, any State or local agency that proposes development which 11
	1531	+	has not been subject to project approval by the local jurisdiction under an approved 12
	1532	+	program, including buildings, treatment plants, roads, railroads, and airports, in the 13
	1533	+	Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall, 14
	1534	+	before the State or local agency begins the development, receive the approval of the 15
	1535	+	Commission in accordance with procedures or exceptions set forth in regulations adopted 16
	1536	+	by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this 17
	1537	+	subtitle. These regulations shall be adopted on or before September 1, 1987, and only after 18
	1538	+	consultation with affected State and local agencies. 19
1679	1539
1680		-	(b) ~~Section 2~~ of ~~this Act~~ shall ~~take effect 7 days after the Department of Natural~~
1681		-	~~Resources provides notice of~~ the ~~official completion of~~ the ~~statewide base map project under~~
1682		-	~~subsection (a) of this section~~.
	1540	+	(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult 20
	1541	+	with the Commission in making consistency determinations under the Federal Coastal 21
	1542	+	Zone Management Program. 22
1683	1543
1684		-	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
1685		-	3 of this Act, this Act shall take effect October 1, 2024.
	1544	+	8–1815. 23
1686	1545
1687		-	Approved by the Governor, May 9, 2024.
	1546	+	(a) (2) (i) A person who violates a provision of an order, permit, plan, local 24
	1547	+	program, this subtitle, or regulations adopted, approved, or issued under the authority of 25
	1548	+	this subtitle shall be: 26
	1549	+
	1550	+	1. Subject to prosecution or suit in circuit court or District 27
	1551	+	Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 28
	1552	+	remedies afforded by State or local law; 29
	1553	+
	1554	+	(3) A local authority may request: 30
	1555	+
	1556	+	(ii) That the [chairman] CHAIR refer an enforcement action to the 31
	1557	+	Attorney General. 32
	1558	+
	1559	+	(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 33
	1560	+	is failing to enforce the requirements of a program applicable to a particular development, 34
	1561	+	the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within 35
	1562	+	30 days after service of the notice, the local authorities have failed to initiate an action to 36 34 HOUSE BILL 233
	1563	+
	1564	+
	1565	+	remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney 1
	1566	+	General. 2
	1567	+
	1568	+	(e) Notwithstanding any other provision of this section, whenever a development 3
	1569	+	in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area 4
	1570	+	is proceeding in violation of approved project plans and threatens to immediately and 5
	1571	+	irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 6
	1572	+	Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 7
	1573	+	the violation and, as appropriate, to compel restoration of any land or water areas affected 8
	1574	+	by the development. 9
	1575	+
	1576	+	8–1815.1. 10
	1577	+
	1578	+	(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake 11
	1579	+	Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local 12
	1580	+	critical area program or of regulations adopted by the Commission, the [chairman] CHAIR 13
	1581	+	may bring an action, or the local jurisdiction may bring an action or request that the 14
	1582	+	[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an 15
	1583	+	action: 16
	1584	+
	1585	+	(1) To require the person to replant trees where the cutting or clearing 17
	1586	+	occurred in accordance with a plan prepared by the State Forester, a registered professional 18
	1587	+	forester, or a registered landscape architect; 19
	1588	+
	1589	+	(2) To restrain the planned violation; or 20
	1590	+
	1591	+	(3) For damages: 21
	1592	+
	1593	+	(i) To be assessed by a circuit court in an amount equal to the 22
	1594	+	estimated cost of replanting trees; and 23
	1595	+
	1596	+	(ii) To be paid to the Department by the person found to have 24
	1597	+	violated the provisions of this subsection. 25
	1598	+
	1599	+	(c) If the [chairman] CHAIR of the Commission has reason to believe that the 26
	1600	+	local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 27
	1601	+	[chairman] CHAIR shall refer the matter to the Attorney General as provided under § 28
	1602	+	8–1815(b) of this subtitle. 29
	1603	+
	1604	+	(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation 30
	1605	+	under subsection (c) of this section to the Attorney General, the Attorney General may 31
	1606	+	invoke the remedies available to the local jurisdiction under subsection (b) of this section 32
	1607	+	in any court of competent jurisdiction in which the local jurisdiction would be authorized to 33
	1608	+	prosecute or sue. 34
	1609	+	HOUSE BILL 233 35
	1610	+
	1611	+
	1612	+	(e) On the request of a local jurisdiction or the [chairman] CHAIR of the 1
	1613	+	Commission, the State Forester, a registered professional forester, or a registered 2
	1614	+	landscape architect may prepare, oversee, and approve the final implementation of a plan 3
	1615	+	to: 4
	1616	+
	1617	+	(1) Replant trees in any part of the Chesapeake Bay Critical Area where 5
	1618	+	trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 6
	1619	+	of this section; and 7
	1620	+
	1621	+	(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 8
	1622	+	where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 9
	1623	+	subsection (b) of this section. 10
	1624	+
	1625	+	[8–1817. 11
	1626	+
	1627	+	(a) By January 1, 1994, the Commission shall adopt criteria that assure the 12
	1628	+	protection of land and water resources in the Critical Area and that shall apply throughout 13
	1629	+	the Critical Area for: 14
	1630	+
	1631	+	(1) Production of oil or natural gas on lands or waters leased by the State; 15
	1632	+	and 16
	1633	+
	1634	+	(2) Exploration or production of oil or natural gas on any lands in the 17
	1635	+	Critical Area. 18
	1636	+
	1637	+	(b) (1) In addition to other applicable provisions of law, an applicant for any 19
	1638	+	production or exploratory drilling that will occur on, in, under, or through the Critical Area, 20
	1639	+	including wells drilled outside the Critical Area by a method known as slant drilling that 21
	1640	+	will pass through the Critical Area, shall complete and submit with the application an 22
	1641	+	environmental impact study that addresses the potential for any adverse environmental 23
	1642	+	effects on the Critical Area as a result of the drilling. 24
	1643	+
	1644	+	(2) (i) The Department shall forward a copy of the permit application 25
	1645	+	and the environmental impact study referred to in paragraph (1) of this subsection to the 26
	1646	+	Commission for its review and comment. 27
	1647	+
	1648	+	(ii) The Department shall consider and comment in writing on the 28
	1649	+	objections and concerns of the Commission before issuing a permit under this subsection.] 29
	1650	+
	1651	+	SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide 30
	1652	+	base map project, as specified under Section 3 of Chapter 119 of the Acts of the General 31
	1653	+	Assembly of 2008, the process for updating the map shall proceed as follows: 32
	1654	+
	1655	+	(1) in accordance with the following requirements and conditions, the 33
	1656	+	Critical Area Commission, with the assistance of the Department of Natural Resources and 34
	1657	+	the Department of the Environment, shall prepare an update to the statewide base map at 35 36 HOUSE BILL 233
	1658	+
	1659	+
	1660	+	appropriate intervals, but not less than every 8 years, that includes a State–determined 1
	1661	+	shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced 2
	1662	+	1,000–foot critical area boundary, as appropriate for integration into a Geographic 3
	1663	+	Information System, under the following standards: 4
	1664	+
	1665	+	(i) the best available imagery of comparable scale shall be used to 5
	1666	+	identify the shoreline and landward boundary of tidal wetlands as part of the map update; 6
	1667	+
	1668	+	(ii) the boundary shall be accurate to a scale of 1:1200; and 7
	1669	+
	1670	+	(iii) the mapped shoreline and landward boundary of tidal wetlands 8
	1671	+	may not be construed to represent an official wetland delineation or to change in any way 9
	1672	+	any statutory provision under Title 16 of the Environment Article, any regulatory provision 10
	1673	+	under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision 11
	1674	+	related to a project–specific wetland delineation that may be necessary and appropriate; 12
	1675	+
	1676	+	(2) a local jurisdiction shall formally adopt its updated critical area map 13
	1677	+	based on the statewide base map within 6 months of its receipt from the Department of 14
	1678	+	Natural Resources and the Commission and may request an extension of time for an 15
	1679	+	additional 6 months if evidence of reasonable progress has been made and is satisfactory 16
	1680	+	to the Commission; 17
	1681	+
	1682	+	(3) the Commission, with the assistance of each local jurisdiction, shall: 18
	1683	+
	1684	+	(i) designate unclassified areas that were not within the original 19
	1685	+	critical area boundary in accordance with the mapping standards set forth under COMAR 20
	1686	+	27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and 21
	1687	+
	1688	+	(ii) identify areas where there appear to be inconsistencies between 22
	1689	+	the statewide base map and the local jurisdiction’s critical area map; 23
	1690	+
	1691	+	(4) a local jurisdiction shall apply the updated State–determined shoreline 24
	1692	+	and landward boundary of tidal wetlands and a digitally generated, georeferenced 25
	1693	+	1,000–foot critical area boundary once it is officially transferred from the Department of 26
	1694	+	Natural Resources and the Commission and shall apply the updates notwithstanding any 27
	1695	+	local approval process; and 28
	1696	+
	1697	+	(5) each local jurisdiction shall ensure that, where applicable, each project 29
	1698	+	submittal uses the updated digitally generated, georeferenced critical area boundary. 30
	1699	+
	1700	+	SECTION 3. AND BE IT FURTHER ENACTED, That: 31
	1701	+
	1702	+	(a) The Department of Natural Resources shall notify the Department of 32
	1703	+	Legislative Services in writing on the date of official completion of the statewide base map 33
	1704	+	project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of 34
	1705	+	2008. 35
	1706	+	HOUSE BILL 233 37
	1707	+
	1708	+
	1709	+	(b) Section 2 of this Act shall take effect 7 days after the Department of Natural 1
	1710	+	Resources provides notice of the official completion of the statewide base map project under 2
	1711	+	subsection (a) of this section. 3
	1712	+
	1713	+	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 4
	1714	+	3 of this Act, this Act shall take effect October 1, 2024. 5
	1715	+
	1716	+
	1717	+
	1718	+	Approved:
	1719	+	________________________________________________________________________________
	1720	+	Governor.
	1721	+	________________________________________________________________________________
	1722	+	Speaker of the House of Delegates.
	1723	+	________________________________________________________________________________
	1724	+	President of the Senate.