WES MOORE, Governor Ch. 80
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Chapter 80
(Senate Bill 268)
AN ACT concerning
Chesapeake and Atlantic Coastal Bays Critical Area Program – Enforcement
FOR the purpose of altering the enforcement and after–the–fact application approval
procedures required as minimum elements of a local jurisdiction’s Chesapeake and
Atlantic Coastal Bays Critical Area Program to apply to all critical area violations;
repealing a certain waiting period with which the Chair of the Critical Area
Commission for the Chesapeake and Atlantic Coastal Bays must comply before
referring certain enforcement matters to the Attorney General; expanding the
authority of the Attorney General to take certain equitable actions to include critical
area violations of an order, a permit, a plan, a local program, or the critical area law;
and generally relating to enforcement under the Chesapeake and Atlantic Coastal
Bays Critical Area Program.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 8–1808(a)(1)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–1808(c)(1)(iii)15. and (4)(i) and (d)(7)(ii) and 8–1815(a)(2)(i) and (3), (b),
(d), and (e)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
8–1808.
(a) (1) It is the intent of this subtitle that each local jurisdiction shall have
primary responsibility for developing and implementing a program, subject to review and
approval by the Commission.
(c) (1) (iii) At a minimum, a program shall contain all of the following
elements, including:
15. [Administrative enforcement ] ENFORCEMENT Ch. 80 2024 LAWS OF MARYLAND
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procedures in accordance with due process principles, including notice and an opportunity
to be heard, and establishing that:
A. Each violation of this subtitle or of a regulation, rule,
order, program, or other requirement adopted under the authority of this subtitle
constitutes a separate offense;
B. Each calendar day that a violation continues constitutes a
separate offense;
C. For each offense, a person shall be subject to separate
fines, orders, sanctions, and other penalties;
D. [Civil penalties] PENALTIES for continuing violations
shall accrue without a requirement for an additional assessment, notice, or opportunity for
hearing for each separate offense;
E. On consideration of all the factors included under this
subsection and any other factors in the local jurisdiction’s approved program, the local
jurisdiction shall impose the amount of the penalty;
F. Satisfaction of all conditions specified under paragraph (4)
of this subsection shall be a condition precedent to the issuance of any permit, approval,
variance, or special exception for the affected property; and
G. Unless an extension of time is appropriate because of
adverse planting conditions, within 90 days of the issuance of a permit, approval, variance,
or special exception for the affected property, any additional mitigation required as a
condition of approval for the permit, approval, variance, or special exception shall be
completed.
(4) A local jurisdiction may not issue a permit, approval, variance, or
special exception unless the person seeking the permit, approval, variance, or special
exception has:
(i) Fully paid all [administrative, civil, and criminal] penalties
imposed [under paragraph (1)(iii)15 of this subsection] AS A RESULT OF THE C RITICAL
AREA VIOLATION ;
(d) (7) (ii) A local jurisdiction may not accept an application for a variance
to legalize a violation of this subtitle, including an unpermitted structure or development
activity, unless the local jurisdiction first issues a notice of violation, including assessment
of [an administrative or civil] A penalty, for the violation.
8–1815.
WES MOORE, Governor Ch. 80
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(a) (2) (i) A person who violates [a provision of] an order, permit, plan,
local program, this subtitle, or regulations adopted, approved, or issued under [the
authority of] this subtitle shall be:
1. Subject to prosecution or suit in circuit court or District
Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and
remedies afforded by State or local law;
2. Guilty of a misdemeanor; and
3. On conviction in a court of competent jurisdiction, subject
to a fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs
imposed in the discretion of the court.
(3) A local authority may request:
(i) Assistance from the Commission in an enforcement action; or
(ii) That the [chairman] CHAIR refer an enforcement action to the
Attorney General.
(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction
is failing to enforce the requirements of a program applicable to a particular development,
the [chairman] CHAIR shall serve notice upon the local enforcement authorities[. If within
30 days after service of the notice, the local authorities have failed to initiate an action to
remedy or punish the violation, the chairman] AND may refer the matter to the Attorney
General.
(d) In addition to any other sanction or remedy available, the Attorney General
may bring an action in equity to compel compliance or restrain noncompliance with the
requirements of [approved project plans] AN ORDER, A PERMIT, A PLAN, A LOCAL
PROGRAM, THIS SUBTITLE, OR REGULATIONS ADOPT ED, APPROVED, OR ISSUED
UNDER THIS SUBTITLE , and to compel restoration of lands or structures to their condition
prior to any modification which was done in violation of [approved project plans] AN
ORDER, A PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS
ADOPTED, APPROVED, OR ISSUED UNDER THIS SUBTITLE .
(e) Notwithstanding any other provision of this section, whenever a development
in the Critical Area is proceeding in violation of [approved project plans] AN ORDER, A
PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS AD OPTED,
APPROVED, OR ISSUED UNDER THIS SUBTITLE and threatens to immediately and
irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the
Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain
the violation and, as appropriate, to compel restoration of any land or water areas affected
by the development. Ch. 80 2024 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 9, 2024.