Maryland 2024 Regular Session

Maryland Senate Bill SB268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 80
2	1
3		-	– 1 –
4		-	Chapter 80
5		-	(Senate Bill 268)
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	+	sb0268
8	9
9		-	Chesapeake and Atlantic Coastal Bays Critical Area Program – Enforcement
	10	+	SENATE BILL 268
	11	+	M1 4lr0315
	12	+	(PRE–FILED) CF 4lr0316
	13	+	By: Chair, Education, Energy, and the Environment Committee (By Request –
	14	+	Critical Area Commission)
	15	+	Requested: September 15, 2023
	16	+	Introduced and read first time: January 10, 2024
	17	+	Assigned to: Education, Energy, and the Environment
	18	+	Committee Report: Favorable
	19	+	Senate action: Adopted
	20	+	Read second time: February 13, 2024
10	21
11		-	FOR the purpose of altering the enforcement and after–the–fact application approval
12		-	procedures required as minimum elements of a local jurisdiction’s Chesapeake and
13		-	Atlantic Coastal Bays Critical Area Program to apply to all critical area violations;
14		-	repealing a certain waiting period with which the Chair of the Critical Area
15		-	Commission for the Chesapeake and Atlantic Coastal Bays must comply before
16		-	referring certain enforcement matters to the Attorney General; expanding the
17		-	authority of the Attorney General to take certain equitable actions to include critical
18		-	area violations of an order, a permit, a plan, a local program, or the critical area law;
19		-	and generally relating to enforcement under the Chesapeake and Atlantic Coastal
20		-	Bays Critical Area Program.
	22	+	CHAPTER ______
21	23
22		-	BY repealing and reenacting, without amendments,
23		-	Article – Natural Resources
24		-	Section 8–1808(a)(1)
25		-	Annotated Code of Maryland
26		-	(2023 Replacement Volume and 2023 Supplement)
	24	+	AN ACT concerning 1
27	25
28		-	BY repealing and reenacting, with amendments,
29		-	Article – Natural Resources
30		-	Section 8–1808(c)(1)(iii)15. and (4)(i) and (d)(7)(ii) and 8–1815(a)(2)(i) and (3), (b),
31		-	(d), and (e)
32		-	Annotated Code of Maryland
33		-	(2023 Replacement Volume and 2023 Supplement)
	26	+	Chesapeake and Atlantic Coastal Bays Critical Area Program – Enforcement 2
34	27
35		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36		-	That the Laws of Maryland read as follows:
	28	+	FOR the purpose of altering the enforcement and after–the–fact application approval 3
	29	+	procedures required as minimum elements of a local jurisdiction’s Chesapeake and 4
	30	+	Atlantic Coastal Bays Critical Area Program to apply to all critical area violations; 5
	31	+	repealing a certain waiting period with which the Chair of the Critical Area 6
	32	+	Commission for the Chesapeake and Atlantic Coastal Bays must comply before 7
	33	+	referring certain enforcement matters to the Attorney General; expanding the 8
	34	+	authority of the Attorney General to take certain equitable actions to include critical 9
	35	+	area violations of an order, a permit, a plan, a local program, or the critical area law; 10
	36	+	and generally relating to enforcement under the Chesapeake and Atlantic Coastal 11
	37	+	Bays Critical Area Program. 12
37	38
38		-	Article – Natural Resources
	39	+	BY repealing and reenacting, without amendments, 13
	40	+	Article – Natural Resources 14
	41	+	Section 8–1808(a)(1) 15
	42	+	Annotated Code of Maryland 16
	43	+	(2023 Replacement Volume and 2023 Supplement) 17
39	44
40		-	8–1808.
	45	+	BY repealing and reenacting, with amendments, 18
	46	+	Article – Natural Resources 19
	47	+	Section 8–1808(c)(1)(iii)15. and (4)(i) and (d)(7)(ii) and 8–1815(a)(2)(i) and (3), (b), 20
	48	+	(d), and (e) 21 2 SENATE BILL 268
41	49
42		-	(a) (1) It is the intent of this subtitle that each local jurisdiction shall have
43		-	primary responsibility for developing and implementing a program, subject to review and
44		-	approval by the Commission.
45	50
46		-	~~(c) (1) (iii) At a minimum, a program shall contain all~~ of ~~the following~~
47		-	~~elements, including:~~
	51	+	Annotated Code of Maryland 1
	52	+	(2023 Replacement Volume and 2023 Supplement) 2
48	53
49		-	15. [Administrative enforcement ] ENFORCEMENT Ch. 80 2024 LAWS OF MARYLAND
	54	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
	55	+	That the Laws of Maryland read as follows: 4
50	56
51		-	– 2 –
52		-	procedures in accordance with due process principles, including notice and an opportunity
53		-	to be heard, and establishing that:
	57	+	Article – Natural Resources 5
54	58
55		-	A. Each violation of this subtitle or of a regulation, rule,
56		-	order, program, or other requirement adopted under the authority of this subtitle
57		-	constitutes a separate offense;
	59	+	8–1808. 6
58	60
59		-	B. Each calendar day that a violation continues constitutes a
60		-	separate offense;
	61	+	(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 7
	62	+	primary responsibility for developing and implementing a program, subject to review and 8
	63	+	approval by the Commission. 9
61	64
62		-	C~~. For each offense~~, a ~~person~~ shall ~~be subject to separate~~
63		-	~~fines~~, ~~orders, sanctions,~~ ~~and other penalties;~~
	65	+	(c) (1) (iii) At a minimum, a program shall contain all of the following 10
	66	+	elements, including: 11
64	67
65		-	D. [~~Civil penalties~~] ~~PENALTIES for continuing violations~~
66		-	~~shall accrue without a requirement for~~ an ~~additional assessment, notice, or~~ opportunity ~~for~~
67		-	~~hearing for each separate offense;~~
	68	+	15. [Administrative enforcement ] ENFORCEMENT 12
	69	+	procedures in accordance with due process principles, including notice and an opportunity 13
	70	+	to be heard, and establishing that: 14
68	71
69		-	E. ~~On consideration~~ of ~~all the factors included under~~ this
70		-	~~subsection and any other factors in the local jurisdiction’s approved~~ program, the ~~local~~
71		-	~~jurisdiction shall impose the amount of the penalty~~;
	72	+	A. Each violation of this subtitle or of a regulation, rule, 15
	73	+	order, program, or other requirement adopted under the authority of this subtitle 16
	74	+	constitutes a separate offense; 17
72	75
73		-	F. Satisfaction of all conditions specified under paragraph (4)
74		-	of this subsection shall be a condition precedent to the issuance of any permit, approval,
75		-	variance, or special exception for the affected property; and
	76	+	B. Each calendar day that a violation continues constitutes a 18
	77	+	separate offense; 19
76	78
77		-	G. Unless an extension of time is appropriate because of
78		-	adverse planting conditions, within 90 days of the issuance of a permit, approval, variance,
79		-	or special exception for the affected property, any additional mitigation required as a
80		-	condition of approval for the permit, approval, variance, or special exception shall be
81		-	completed.
	79	+	C. For each offense, a person shall be subject to separate 20
	80	+	fines, orders, sanctions, and other penalties; 21
82	81
83		-	~~(4) A local jurisdiction may not issue a permit, approval, variance, or~~
84		-	~~special exception unless the person seeking the permit~~, ~~approval, variance~~, or ~~special~~
85		-	~~exception has:~~
	82	+	D. [Civil penalties] PENALTIES for continuing violations 22
	83	+	shall accrue without a requirement for an additional assessment, notice, or opportunity for 23
	84	+	hearing for each separate offense; 24
86	85
87		-	~~(i) Fully paid~~ all ~~[administrative, civil,~~ ~~and criminal]~~ ~~penalties~~
88		-	~~imposed [under~~ ~~paragraph (1)(iii)15 of this subsection] AS A RESULT OF~~ THE ~~C RITICAL~~
89		-	~~AREA VIOLATION~~ ;
	86	+	E. On consideration of all the factors included under this 25
	87	+	subsection and any other factors in the local jurisdiction’s approved program, the local 26
	88	+	jurisdiction shall impose the amount of the penalty; 27
90	89
91		-	(d) (7) (ii) A local jurisdiction may not accept an application for a variance
92		-	to legalize a violation of this subtitle, including an unpermitted structure or development
93		-	activity, unless the local jurisdiction first issues a notice of violation, including assessment
94		-	of [an administrative or civil] A penalty, for the violation.
	90	+	F. Satisfaction of all conditions specified under paragraph (4) 28
	91	+	of this subsection shall be a condition precedent to the issuance of any permit, approval, 29
	92	+	variance, or special exception for the affected property; and 30
95	93
96		-	8–1815.
97		-	WES MOORE, Governor Ch. 80
	94	+	G. Unless an extension of time is appropriate because of 31
	95	+	adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 32
	96	+	or special exception for the affected property, any additional mitigation required as a 33
	97	+	condition of approval for the permit, approval, variance, or special exception shall be 34 SENATE BILL 268 3
98	98
99		-	– 3 –
100		-	(a) (2) (i) A person who violates [a provision of] an order, permit, plan,
101		-	local program, this subtitle, or regulations adopted, approved, or issued under [the
102		-	authority of] this subtitle shall be:
103	99
104		-	1. Subject to prosecution or suit in circuit court or District
105		-	Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and
106		-	remedies afforded by State or local law;
	100	+	completed. 1
107	101
108		-	2. Guilty of a misdemeanor; and
	102	+	(4) A local jurisdiction may not issue a permit, approval, variance, or 2
	103	+	special exception unless the person seeking the permit, approval, variance, or special 3
	104	+	exception has: 4
109	105
110		-	~~3. On conviction in a court of competent jurisdiction~~, ~~subject~~
111		-	to a ~~fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs~~
112		-	~~imposed in the discretion of the court.~~
	106	+	(i) Fully paid all [administrative, civil, and criminal] penalties 5
	107	+	imposed [under paragraph (1)(iii)15 of this subsection] AS A RESULT OF THE C RITICAL 6
	108	+	AREA VIOLATION ; 7
113	109
114		-	(3) A local authority may request:
	110	+	(d) (7) (ii) A local jurisdiction may not accept an application for a variance 8
	111	+	to legalize a violation of this subtitle, including an unpermitted structure or development 9
	112	+	activity, unless the local jurisdiction first issues a notice of violation, including assessment 10
	113	+	of [an administrative or civil] A penalty, for the violation. 11
115	114
116		-	~~(i) Assistance from the Commission in an enforcement action; or~~
	115	+	8–1815. 12
117	116
118		-	(ii) That the [chairman] CHAIR refer an enforcement action to the
119		-	Attorney General.
	117	+	(a) (2) (i) A person who violates [a provision of] an order, permit, plan, 13
	118	+	local program, this subtitle, or regulations adopted, approved, or issued under [the 14
	119	+	authority of] this subtitle shall be: 15
120	120
121		-	(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction
122		-	is failing to enforce the requirements of a program applicable to a particular development,
123		-	the [chairman] CHAIR shall serve notice upon the local enforcement authorities[. If within
124		-	30 days after service of the notice, the local authorities have failed to initiate an action to
125		-	remedy or punish the violation, the chairman] AND may refer the matter to the Attorney
126		-	General.
	121	+	1. Subject to prosecution or suit in circuit court or District 16
	122	+	Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 17
	123	+	remedies afforded by State or local law; 18
127	124
128		-	(d) In addition to any other sanction or remedy available, the Attorney General
129		-	may bring an action in equity to compel compliance or restrain noncompliance with the
130		-	requirements of [approved project plans] AN ORDER, A PERMIT, A PLAN, A LOCAL
131		-	PROGRAM, THIS SUBTITLE, OR REGULATIONS ADOPT ED, APPROVED, OR ISSUED
132		-	UNDER THIS SUBTITLE , and to compel restoration of lands or structures to their condition
133		-	prior to any modification which was done in violation of [approved project plans] AN
134		-	ORDER, A PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS
135		-	ADOPTED, APPROVED, OR ISSUED UNDER THIS SUBTITLE .
	125	+	2. Guilty of a misdemeanor; and 19
136	126
137		-	(e) Notwithstanding any other provision of this section, whenever a development
138		-	in the Critical Area is proceeding in violation of [approved project plans] AN ORDER, A
139		-	PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS AD OPTED,
140		-	APPROVED, OR ISSUED UNDER THIS SUBTITLE and threatens to immediately and
141		-	irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the
142		-	Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain
143		-	the violation and, as appropriate, to compel restoration of any land or water areas affected
144		-	by the development. Ch. 80 2024 LAWS OF MARYLAND
	127	+	3. On conviction in a court of competent jurisdiction, subject 20
	128	+	to a fine not exceeding $10,000 or imprisonment not exceeding 90 days or both, with costs 21
	129	+	imposed in the discretion of the court. 22
145	130
146		-	~~– 4 –~~
	131	+	(3) A local authority may request: 23
147	132
148		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
149		-	October 1, 2024.
	133	+	(i) Assistance from the Commission in an enforcement action; or 24
150	134
151		-	Approved by the Governor, April 9, 2024.
	135	+	(ii) That the [chairman] CHAIR refer an enforcement action to the 25
	136	+	Attorney General. 26
	137	+
	138	+	(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 27
	139	+	is failing to enforce the requirements of a program applicable to a particular development, 28
	140	+	the [chairman] CHAIR shall serve notice upon the local enforcement authorities[. If within 29
	141	+	30 days after service of the notice, the local authorities have failed to initiate an action to 30
	142	+	remedy or punish the violation, the chairman] AND may refer the matter to the Attorney 31
	143	+	General. 32
	144	+
	145	+	(d) In addition to any other sanction or remedy available, the Attorney General 33 4 SENATE BILL 268
	146	+
	147	+
	148	+	may bring an action in equity to compel compliance or restrain noncompliance with the 1
	149	+	requirements of [approved project plans] AN ORDER, A PERMIT, A PLAN, A LOCAL 2
	150	+	PROGRAM, THIS SUBTITLE, OR REGULATIONS ADOPT ED, APPROVED, OR ISSUED 3
	151	+	UNDER THIS SUBTITLE , and to compel restoration of lands or structures to their condition 4
	152	+	prior to any modification which was done in violation of [approved project plans] AN 5
	153	+	ORDER, A PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS 6
	154	+	ADOPTED, APPROVED, OR ISSUED UNDER THIS SUBTITLE . 7
	155	+
	156	+	(e) Notwithstanding any other provision of this section, whenever a development 8
	157	+	in the Critical Area is proceeding in violation of [approved project plans] AN ORDER, A 9
	158	+	PERMIT, A PLAN, A LOCAL PROGRAM , THIS SUBTITLE, OR REGULATIONS AD OPTED, 10
	159	+	APPROVED, OR ISSUED UNDER THIS SUBTITLE and threatens to immediately and 11
	160	+	irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 12
	161	+	Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 13
	162	+	the violation and, as appropriate, to compel restoration of any land or water areas affected 14
	163	+	by the development. 15
	164	+
	165	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
	166	+	October 1, 2024. 17
	167	+
	168	+
	169	+
	170	+	Approved:
	171	+	________________________________________________________________________________
	172	+	Governor.
	173	+	________________________________________________________________________________
	174	+	President of the Senate.
	175	+	________________________________________________________________________________
	176	+	Speaker of the House of Delegates.