EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0268*
SENATE BILL 268
M1 4lr0315
(PRE–FILED) CF 4lr0316
By: Chair, Education, Energy, and the Environment Committee (By Request –
Critical Area Commission)
Requested: September 15, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Chesapeake and Atlantic Coastal Bays Critical Area Program – Enforcement 2
FOR the purpose of altering the enforcement and after–the–fact application approval 3
procedures required as minimum elements of a local jurisdiction’s Chesapeake and 4
Atlantic Coastal Bays Critical Area Program to apply to all critical area violations; 5
repealing a certain waiting period with which the Chair of the Critical Area 6
Commission for the Chesapeake and Atlantic Coastal Bays must comply before 7
referring certain enforcement matters to the Attorney General; expanding the 8
authority of the Attorney General to take certain equitable actions to include critical 9
area violations of an order, a permit, a plan, a local program, or the critical area law; 10
and generally relating to enforcement under the Chesapeake and Atlantic Coastal 11
Bays Critical Area Program. 12
BY repealing and reenacting, without amendments, 13
Article – Natural Resources 14
Section 8–1808(a)(1) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Natural Resources 19
Section 8–1808(c)(1)(iii)15. and (4)(i) and (d)(7)(ii) and 8–1815(a)(2)(i) and (3), (b), 20
(d), and (e) 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 SENATE BILL 268
Article – Natural Resources 1
8–1808. 2
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 3
primary responsibility for developing and implementing a program, subject to review and 4
approval by the Commission. 5
(c) (1) (iii) At a minimum, a program shall contain all of the following 6
elements, including: 7
15. [Administrative enforcement ] ENFORCEMENT 8
procedures in accordance with due process principles, including notice and an opportunity 9
to be heard, and establishing that: 10
A. Each violation of this subtitle or of a regulation, rule, 11
order, program, or other requirement adopted under the authority of this subtitle 12
constitutes a separate offense; 13
B. Each calendar day that a violation continues constitutes a 14
separate offense; 15
C. For each offense, a person shall be subject to separate 16
fines, orders, sanctions, and other penalties; 17
D. [Civil penalties] PENALTIES for continuing violations 18
shall accrue without a requirement for an additional assessment, notice, or opportunity for 19
hearing for each separate offense; 20
E. On consideration of all the factors included under this 21
subsection and any other factors in the local jurisdiction’s approved program, the local 22
jurisdiction shall impose the amount of the penalty; 23
F. Satisfaction of all conditions specified under paragraph (4) 24
of this subsection shall be a condition precedent to the issuance of any permit, approval, 25
variance, or special exception for the affected property; and 26
G. Unless an extension of time is appropriate because of 27
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 28
or special exception for the affected property, any additional mitigation required as a 29
condition of approval for the permit, approval, variance, or special exception shall be 30
completed. 31
(4) A local jurisdiction may not issue a permit, approval, variance, or 32
special exception unless the person seeking the permit, approval, variance, or special 33
exception has: 34
SENATE BILL 268 3
(i) Fully paid all [administrative, civil, and criminal] penalties 1
imposed [under paragraph (1)(iii)15 of this subsection] AS A RESULT OF THE C RITICAL 2
AREA VIOLATION ; 3
(d) (7) (ii) A local jurisdiction may not accept an application for a variance 4
to legalize a violation of this subtitle, including an unpermitted structure or development 5
activity, unless the local jurisdiction first issues a notice of violation, including assessment 6
of [an administrative or civil] A penalty, for the violation. 7
8–1815. 8
(a) (2) (i) A person who violates [a provision of] an order, permit, plan, 9
local program, this subtitle, or regulations adopted, approved, or issued under [the 10
authority of] this subtitle shall be: 11
1. Subject to prosecution or suit in circuit court or District 12
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 13
remedies afforded by State or local law; 14
2. Guilty of a misdemeanor; and 15
3. On conviction in a court of competent jurisdiction, subject 16
to a fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs 17
imposed in the discretion of the court. 18
(3) A local authority may request: 19
(i) Assistance from the Commission in an enforcement action; or 20
(ii) That the [chairman] CHAIR refer an enforcement action to the 21
Attorney General. 22
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 23
is failing to enforce the requirements of a program applicable to a particular development, 24
the [chairman] CHAIR shall serve notice upon the local enforcement authorities[. If within 25
30 days after service of the notice, the local authorities have failed to initiate an action to 26
remedy or punish the violation, the chairman] AND may refer the matter to the Attorney 27
General. 28
(d) In addition to any other sanction or remedy available, the Attorney General 29
may bring an action in equity to compel compliance or restrain noncompliance with the 30
requirements of [approved project plans] AN ORDER, A PERMIT, A PLAN, A LOCAL 31
PROGRAM, THIS SUBTITLE, OR REGULATIONS ADOPT ED, APPROVED, OR ISSUED 32
UNDER THIS SUBTITLE , and to compel restoration of lands or structures to their condition 33
prior to any modification which was done in violation of [approved project plans] AN 34
ORDER, A PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS 35 4 SENATE BILL 268
ADOPTED, APPROVED, OR ISSUED UNDER THIS SUBTITLE. 1
(e) Notwithstanding any other provision of this section, whenever a development 2
in the Critical Area is proceeding in violation of [approved project plans] AN ORDER, A 3
PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS ADOPT ED, 4
APPROVED, OR ISSUED UNDER THIS SUBTITLE and threatens to immediately and 5
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 6
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 7
the violation and, as appropriate, to compel restoration of any land or water areas affected 8
by the development. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11