Maryland 2024 Regular Session

Maryland Senate Bill SB306 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0306
6	6
7	7	SENATE BILL 306
8	8	M1 4lr0313
9	9	(PRE–FILED) CF HB 233
10	10	By: Chair, Education, Energy, and the Environment Committee (By Request –
11	11	Critical Area Commission)
12	12	Requested: September 15, 2023
13	13	Introduced and read first time: January 10, 2024
14	14	Assigned to: Education, Energy, and the Environment
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Chesapeake and Atlantic Coastal Bays Critical Area Protection Program 2
21	21	– Climate, Equity, and Administrative Provisions 3
22	22
23	23	FOR the purpose of altering the standards for membership on the Critical Area 4
24	24	Commission; repealing a certain advisory committee on the Atlantic Coastal Bays 5
25	25	Critical Area Program; authorizing the Commission to adopt regulations governing 6
26	26	the transfer of development rights, fee in lieu payments, the assessment of and 7
27	27	adaption to climate change relevant to the critical area, enhancing resilience in the 8
28	28	critical area, and environmental justice and equity initiatives; establishing certain 9
29	29	considerations of climate change, resiliency, and equity as general principles and 10
30	30	minimum elements of local programs; requiring a local program to give consideration 11
31	31	to underserved communities when assessing the suitability of critical areas for 12
32	32	certain recreation; requiring local jurisdictions to consider climate change when 13
33	33	approving growth allocation decisions; requiring the Commission to consider 14
34	34	environmental impacts on underserved or overburdened communities when 15
35	35	reviewing growth allocation map amendments; altering certain resource 16
36	36	conservation area density standards and requirements; authorizing the purchase of 17
37	37	transferable development rights for certain intrafamily transfers; authorizing a 18
38	38	certain increase in lot coverage limits under certain circumstances; altering the 19
39	39	process for performing the required local jurisdiction comprehensive reviews of 20
40	40	critical area programs; establishing standards under which a critical area 21
41	41	designation may be changed on proof of mistake and under which a zoning map 22
42	42	amendment may be granted; authorizing the Commission to direct a local 23
43	43	jurisdiction to correct a program deficiency; establishing a certain remedial process 24
44	44	if a local jurisdiction fails to update its critical area program; repealing certain 25
45	45	requirements on oil or natural gas production or exploration in the critical area; 26
46	46	establishing a process for the preparation, distribution, review, refinement, and 27
47	47	formal adoption of the periodic update of statewide base maps; and generally relating 28
48	48	to the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. 29 2 SENATE BILL 306
49	49
50	50
51	51
52	52	BY repealing and reenacting, without amendments, 1
53	53	Article – Business Regulation 2
54	54	Section 19–106(a)(1) and (5) 3
55	55	Annotated Code of Maryland 4
56	56	(2015 Replacement Volume and 2023 Supplement) 5
57	57
58	58	BY repealing and reenacting, without amendments, 6
59	59	Article – Environment 7
60	60	Section 1–701(a)(1), (5), (7), and (8) 8
61	61	Annotated Code of Maryland 9
62	62	(2013 Replacement Volume and 2023 Supplement) 10
63	63
64	64	BY repealing and reenacting, with amendments, 11
65	65	Article – Natural Resources 12
66	66	Section 8–1801, 8–1802(a), 8–1804(a)(1) and (c), 8–1805(b)(1) and (2) and (c), 13
67	67	8–1806(a) and (b)(1)(ii), (iii), (x), (xiv)4., (xv), and (xvi)6., 8–1808(a), (b), and 14
68	68	(c)(1)(iii)3., 6., 8., 13., 14., and 15. and (4), 8–1808.1(c)(2) and (4)(vi) and (vii) 15
69	69	and (e), 8–1808.2(f), 8–1808.3(b) and (f), 8–1808.10(b)(1), 8–1809(g) through 16
70	70	(j) and (l) through (s), 8–1811(b)(2), 8–1812, 8–1813.1(d)(5), 8–1814(a) and (b), 17
71	71	8–1815(a)(2)(i)1. and (3)(ii), (b), and (e), and 8–1815.1(b) through (e) 18
72	72	Annotated Code of Maryland 19
73	73	(2023 Replacement Volume and 2023 Supplement) 20
74	74
75	75	BY adding to 21
76	76	Article – Natural Resources 22
77	77	Section 8–1806(b)(1)(xvii), (xviii), and (xix), 8–1808(c)(1)(iii)16. through 19., 23
78	78	8–1808.1(c)(4)(viii), 8–1809(h), (i), and (k), and 8–1810(e) 24
79	79	Annotated Code of Maryland 25
80	80	(2023 Replacement Volume and 2023 Supplement) 26
81	81
82	82	BY repealing 27
83	83	Article – Natural Resources 28
84	84	Section 8–1806(c), 8–1809(k), and 8–1817 29
85	85	Annotated Code of Maryland 30
86	86	(2023 Replacement Volume and 2023 Supplement) 31
87	87
88	88	Preamble 32
89	89
90	90	WHEREAS, Following extensive research and the issuance of a report by the U.S. 33
91	91	Environmental Protection Agency that clearly demonstrated the alarming extent of 34
92	92	degradation of the Chesapeake Bay, in significant part because of prominent land use and 35
93	93	growth patterns, the Critical Area Commission was created in 1984 in order to preserve 36
94	94	and restore water quality in the State, to maintain valued wildlife habitat, and to 37
95	95	accommodate inevitable growth, and these same legislative concerns were addressed in 38
96	96	2002 when the protections of the Critical Area Program were expanded to include the 39
97	97	Atlantic Coastal Bays and in 2008 with the comprehensive update to the Critical Area 40 SENATE BILL 306 3
98	98
99	99
100	100	Program; and 1
101	101
102	102	WHEREAS, The critical area, which comprises approximately 11% of Maryland’s 2
103	103	land mass, includes the majority of the State’s most ecologically fragile and valuable 3
104	104	properties; and 4
105	105
106	106	WHEREAS, From its inception, partnership between State and local government 5
107	107	has been a cornerstone of the Critical Area Program; and 6
108	108
109	109	WHEREAS, To date local critical area programs are operative in Baltimore City, 16 7
110	110	counties, and 47 other municipalities, and critical area issues directly impact at least seven 8
111	111	State departments; and 9
112	112
113	113	WHEREAS, After nearly 40 years of operation, the Critical Area Program has 10
114	114	effectively influenced thousands of land use decisions, addressed and minimized the 11
115	115	adverse impacts of growth associated with hundreds of requests for growth allocation, and 12
116	116	represented a comprehensive effort between the State and local governments to enforce a 13
117	117	variety of water quality and habitat protection standards; and 14
118	118
119	119	WHEREAS, Despite these efforts, additional measures are necessary to enhance a 15
120	120	cooperative land use and natural resource management program that will restore the 16
121	121	quality and productivity of the Chesapeake Bay, the Atlantic Coastal Bays, their tidal 17
122	122	tributaries, and associated land–based ecosystems; and 18
123	123
124	124	WHEREAS, As a member of the Maryland Commission on Climate Change, the 19
125	125	Critical Area Commission is charged with recommending short and long–term strategies 20
126	126	and initiatives to better mitigate, prepare for, and adapt to the consequences of climate 21
127	127	change; and 22
128	128
129	129	WHEREAS, Particularly in light of the ongoing, accelerating decline of the State’s 23
130	130	water quality resources and the loss of valuable shoreline areas due to erosion, sea level 24
131	131	rise, and climate change, the Critical Area Commission has a significant role in ensuring 25
132	132	the adaptation of Maryland’s tidal waters, developed shorelines, and their adjacent 26
133	133	resource lands and wildlife habitats to the rapidly evolving climate realities; and 27
134	134
135	135	WHEREAS, To address the increasing effects on water quality from more frequent 28
136	136	and higher–intensity storms, to adjust conservation programs and techniques to the 29
137	137	shifting realities of species and habitats, and to accommodate appropriate levels and 30
138	138	locations for growth within the critical area, improvements to the Critical Area Program 31
139	139	are in order at this time; and 32
140	140
141	141	WHEREAS, It is in the interest of the citizens of Maryland that the Critical Area 33
142	142	Commission ensure the equitable distribution of the environmental benefits and burdens 34
143	143	of development, restoration, and mitigation within the critical area and, in doing so, the 35
144	144	Commission must also ensure equitable representation and participation in its processes; 36
145	145	now, therefore, 37
146	146	4 SENATE BILL 306
147	147
148	148
149	149	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
150	150	That the Laws of Maryland read as follows: 2
151	151
152	152	Article – Business Regulation 3
153	153
154	154	19–106. 4
155	155
156	156	(a) (1) In this section the following words have the meanings indicated. 5
157	157
158	158	(5) “Underrepresented community” means a community whose members 6
159	159	self–identify: 7
160	160
161	161	(i) as Black, African American, Hispanic, Latino, Asian, Pacific 8
162	162	Islander, Native American, Native Hawaiian, or Alaska Native; or 9
163	163
164	164	(ii) with one or more of the racial or ethnic groups listed in item (i) 10
165	165	of this paragraph. 11
166	166
167	167	Article – Environment 12
168	168
169	169	1–701. 13
170	170
171	171	(a) (1) In this section the following words have the meanings indicated. 14
172	172
173	173	(5) “Environmental justice” means equal protection from environmental 15
174	174	and public health hazards for all people regardless of race, income, culture, and social 16
175	175	status. 17
176	176
177	177	(7) “Overburdened community” means any census tract for which three or 18
178	178	more of the following environmental health indicators are above the 75th percentile 19
179	179	statewide: 20
180	180
181	181	(i) Particulate matter (PM) 2.5; 21
182	182
183	183	(ii) Ozone; 22
184	184
185	185	(iii) National Air Toxics Assessment (NATA) diesel PM; 23
186	186
187	187	(iv) NATA cancer risk; 24
188	188
189	189	(v) NATA respiratory hazard index; 25
190	190
191	191	(vi) Traffic proximity; 26
192	192
193	193	(vii) Lead paint indicator; 27
194	194
195	195	(viii) National Priorities List Superfund site proximity; 28 SENATE BILL 306 5
196	196
197	197
198	198
199	199	(ix) Risk Management Plan facility proximity; 1
200	200
201	201	(x) Hazardous waste proximity; 2
202	202
203	203	(xi) Wastewater discharge indicator; 3
204	204
205	205	(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 4
206	206
207	207	(xiii) Percent of the population lacking broadband coverage; 5
208	208
209	209	(xiv) Asthma emergency room discharges; 6
210	210
211	211	(xv) Myocardial infarction discharges; 7
212	212
213	213	(xvi) Low–birth–weight infants; 8
214	214
215	215	(xvii) Proximity to emitting power plants; 9
216	216
217	217	(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 10
218	218
219	219	(xix) Proximity to a brownfields site; 11
220	220
221	221	(xx) Proximity to mining operations; and 12
222	222
223	223	(xxi) Proximity to a hazardous waste landfill. 13
224	224
225	225	(8) “Underserved community” means any census tract in which, according 14
226	226	to the most recent U.S. Census Bureau Survey: 15
227	227
228	228	(i) At least 25% of the residents qualify as low–income; 16
229	229
230	230	(ii) At least 50% of the residents identify as nonwhite; or 17
231	231
232	232	(iii) At least 15% of the residents have limited English proficiency. 18
233	233
234	234	Article – Natural Resources 19
235	235
236	236	8–1801. 20
237	237
238	238	(a) The General Assembly finds and declares that: 21
239	239
240	240	(1) The Chesapeake and the Atlantic Coastal Bays and their tributaries 22
241	241	are natural resources of great significance to the State and the nation, and their beauty, 23
242	242	their ecological value, and their economic impact all reach far beyond any one local 24
243	243	jurisdiction; 25
244	244	6 SENATE BILL 306
245	245
246	246
247	247	(2) The shoreline and adjacent lands, particularly the buffer areas, 1
248	248	constitute a valuable, fragile, and sensitive part of this estuarine system, where human 2
249	249	activity can have a particularly immediate and adverse impact on water quality and 3
250	250	natural habitats; 4
251	251
252	252	(3) The capacity of these shoreline and adjacent lands to withstand 5
253	253	continuing demands, INCLUDING CLIMATE CH ANGE, without further degradation to 6
254	254	water quality and natural habitats is limited; 7
255	255
256	256	(4) Human activity is harmful in these shoreline areas, where the new 8
257	257	development of nonwater–dependent structures AND USES or an increase in lot coverage is 9
258	258	presumed to be contrary to the purpose of this subtitle, because these activities may cause 10
259	259	OR AMPLIFY adverse impacts, of both an immediate and a long–term nature, to the 11
260	260	Chesapeake and the Atlantic Coastal Bays, and thus it is necessary [wherever possible] to 12
261	261	maintain a buffer of at least 100 feet landward from the mean high water line of tidal 13
262	262	waters, tributary streams, and tidal wetlands; 14
263	263
264	264	(5) National studies have documented that the quality and productivity of 15
265	265	the waters of the Chesapeake Bay and its tributaries have declined due to the cumulative 16
266	266	effects of human activity that have caused increased levels of pollutants, nutrients, and 17
267	267	toxics in the Bay system and declines in more protective land uses such as forestland and 18
268	268	agricultural land in the Bay region; 19
269	269
270	270	(6) Those portions of the Chesapeake and the Atlantic Coastal Bays and 20
271	271	their tributaries within Maryland are particularly stressed by the continuing population 21
272	272	growth and development activity concentrated in the Baltimore–Washington metropolitan 22
273	273	corridor and along the Atlantic Coast; 23
274	274
275	275	(7) The quality of life for the citizens of Maryland is enhanced through the 24
276	276	restoration of the quality and productivity of the waters of the Chesapeake and the Atlantic 25
277	277	Coastal Bays[,] and their tributaries IN A MANNER IN WHICH BURDENS AND BENEFITS 26
278	278	ARE DISTRIBUTED EQUI TABLY; 27
279	279
280	280	(8) The restoration of the Chesapeake and the Atlantic Coastal Bays and 28
281	281	their tributaries is dependent, in part, on minimizing further adverse impacts to the water 29
282	282	quality and natural habitats of the shoreline and adjacent lands, AND ENHANCING THE 30
283	283	RESILIENCY O F NATURAL RESOURCES IN THE CRITICAL AREA, particularly in the 31
284	284	buffer; 32
285	285
286	286	(9) The cumulative impact of current development and of each new 33
287	287	development activity in the buffer is inimical to these purposes, and it is therefore 34
288	288	imperative that State law protect irreplaceable State buffer resources from unpermitted 35
289	289	activity; [and] 36
290	290
291	291	(10) There is a critical and substantial State interest for the benefit of 37
292	292	current and future generations in fostering more sensitive development and more effective 38 SENATE BILL 306 7
293	293
294	294
295	295	enforcement in a consistent and uniform manner along shoreline areas of the Chesapeake 1
296	296	and the Atlantic Coastal Bays and their tributaries so as to minimize damage to water 2
297	297	quality and natural habitats; 3
298	298
299	299	(11) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 4
300	300	DEVELOPING POLICIES AND STRATEGIES TO BE TTER MITIGATE, PREPARE FOR , AND 5
301	301	ADAPT TO THE CONSEQU ENCES OF CLIMATE CHA NGE ALONG THE STATE’S 6
302	302	SHORELINES, INCLUDING SEA LEVEL RISE, STORM SURGE , 7
303	303	PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME WE ATHER EVENTS AND 8
304	304	TO ENHANCE THE RESIL IENCE OF THE STATE’S SHORELINES BY IDEN TIFYING, 9
305	305	RESTORING, CREATING, AND CONSERVING EXIST ING NATURAL AND NATU RE–BASED 10
306	306	FEATURES; 11
307	307
308	308	(12) THERE IS A CRITICAL A ND SUBSTANTIAL STATE INTEREST IN 12
309	309	ENSURING THE EQUITAB LE DISTRIBUTION OF THE BENEFIT S AND BURDENS OF 13
310	310	DEVELOPMENT , RESTORATION , MITIGATION, AND CONSERVATION ALO NG THE 14
311	311	STATE’S SHORELINES AND IN EN SURING EQUITABLE REP RESENTATION AND 15
312	312	PARTICIPATION IN THE SE PROCESSES; AND 16
313	313
314	314	(13) THE INCLUSION OF INCE NTIVE–BASED PROGRAMS TO ENSURE 17
315	315	DEVELOPMENT IS COMPA TIBLE WITH PROJECTED CLIMATE IMPACTS AND COASTAL 18
316	316	HAZARDS IS VITAL TO THE STATE’S GOAL OF ADDRESSING CLIMATE RESILIENCY . 19
317	317
318	318	(b) It is the purpose of the General Assembly in enacting this subtitle: 20
319	319
320	320	(1) To establish a Resource Protection Program for the Chesapeake and the 21
321	321	Atlantic Coastal Bays and their tributaries by fostering more sensitive development 22
322	322	activity for certain shoreline areas so as to minimize damage to water quality and natural 23
323	323	habitats; and 24
324	324
325	325	(2) To implement the Resource Protection Program on a cooperative basis 25
326	326	between the State and affected local governments, with local governments establishing and 26
327	327	implementing their programs in a [consistent and] CONSISTENT, uniform, AND 27
328	328	EQUITABLE manner subject to State and local leadership, criteria, and oversight. 28
329	329
330	330	8–1802. 29
331	331
332	332	(a) (1) In this subtitle the following words have the meanings indicated. 30
333	333
334	334	(2) “Atlantic Coastal Bays” means the Assawoman, Isle of Wight, 31
335	335	Sinepuxent, Newport, and Chincoteague Bays. 32
336	336
337	337	(3) “Atlantic Coastal Bays Critical Area” means the initial planning area 33
338	338	identified under § 8–1807 of this subtitle. 34
339	339	8 SENATE BILL 306
340	340
341	341
342	342	(4) “Buffer” means an existing, naturally vegetated area, or an area 1
343	343	established in vegetation and managed to protect aquatic, wetlands, shoreline, and 2
344	344	terrestrial environments from manmade disturbances. 3
345	345
346	346	(5) “Chesapeake Bay Critical Area” means the initial planning area 4
347	347	identified under § 8–1807 of this subtitle. 5
348	348
349	349	(6) “CLIMATE RESILIENCY ” MEANS THE CAPACITY O F A NATURAL 6
350	350	SYSTEM TO MAINTAIN F UNCTION IN THE FACE OF STRESSES IMPOSED BY CLIMATE 7
351	351	CHANGE AND TO ADAPT THE NATURAL SYSTEM TO BE BETTER PREPARED FOR 8
352	352	FUTURE CLIMATE IMPAC TS. 9
353	353
354	354	(7) “Commission” means the Critical Area Commission for the Chesapeake 10
355	355	and Atlantic Coastal Bays established in this subtitle. 11
356	356
357	357	[(7)] (8) “Critical Area” means the Chesapeake Bay Critical Area and the 12
358	358	Atlantic Coastal Bays Critical Area. 13
359	359
360	360	[(8)] (9) “Developer” means: 14
361	361
362	362	(i) A person who undertakes development as defined in this section; 15
363	363	or 16
364	364
365	365	(ii) A person who undertakes development activities as defined in 17
366	366	the criteria of the Commission. 18
367	367
368	368	[(9)] (10) “Development” means any activity that materially affects the 19
369	369	condition or use of dry land, land under water, or any structure. 20
370	370
371	371	[(10)] (11) (i) “Dwelling unit” means a single unit providing complete, 21
372	372	independent living facilities for at least one person, including permanent provisions for 22
373	373	sanitation, cooking, eating, sleeping, and other activities routinely associated with daily 23
374	374	life. 24
375	375
376	376	(ii) “Dwelling unit” includes a living quarters for a domestic or other 25
377	377	employee or tenant, an in–law or accessory apartment, a guest house, or a caretaker 26
378	378	residence. 27
379	379
380	380	(12) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 28
381	381	1–701 OF THE ENVIRONMENT ARTICLE. 29
382	382
383	383	(13) “EQUITY” MEANS PROMOTION OF J USTICE, IMPARTIALITY, AND 30
384	384	FAIRNESS WITHIN THE PROCEDURES , PROCESSES, AND DISTRIBUTION OF 31
385	385	RESOURCES BY INSTITU TIONS OR SYSTEMS . 32
386	386
387	387	[(11)] (14) “Growth allocation” means the number of acres of land in the 33 SENATE BILL 306 9
388	388
389	389
390	390	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area that a local 1
391	391	jurisdiction may use to create new intensely developed areas and new limited development 2
392	392	areas. 3
393	393
394	394	[(12)] (15) “Includes” means includes or including by way of illustration and 4
395	395	not by way of limitation. 5
396	396
397	397	[(13)] (16) (i) “Intensely developed area” means an area of at least 20 6
398	398	acres or the entire upland portion of the critical area within a municipal corporation, 7
399	399	whichever is less, where: 8
400	400
401	401	1. Residential, commercial, institutional, or industrial 9
402	402	developed land uses predominate; and 10
403	403
404	404	2. A relatively small amount of natural habitat occurs. 11
405	405
406	406	(ii) “Intensely developed area” includes: 12
407	407
408	408	1. An area with a housing density of at least four dwelling 13
409	409	units per acre; 14
410	410
411	411	2. An area with public water and sewer systems with a 15
412	412	housing density of more than three dwelling units per acre; or 16
413	413
414	414	3. A commercial marina redesignated by a local jurisdiction 17
415	415	from a resource conservation area or limited development area to an intensely developed 18
416	416	area through a mapping correction that occurred before January 1, 2006. 19
417	417
418	418	[(14)] (17) “Land classification” means the designation of land in the 20
419	419	Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in accordance with 21
420	420	the criteria adopted by the Commission as an intensely developed area or district, a limited 22
421	421	development area or district, or a resource conservation area or district. 23
422	422
423	423	[(15)] (18) (i) “Limited development area” means an area: 24
424	424
425	425	1. That is developed in low or moderate intensity uses and 25
426	426	contains areas of natural plant and animal habitat; and 26
427	427
428	428	2. Where the quality of runoff has not been substantially 27
429	429	altered or impaired. 28
430	430
431	431	(ii) “Limited development area” includes an area: 29
432	432
433	433	1. With a housing density ranging from one dwelling unit per 30
434	434	five acres up to four dwelling units per acre; 31
435	435
436	436	2. With a public water or sewer system; 32 10 SENATE BILL 306
437	437
438	438
439	439
440	440	3. That is not dominated by agricultural land, wetland, 1
441	441	forests, barren land, surface water, or open space; or 2
442	442
443	443	4. That is less than 20 acres and otherwise qualifies as an 3
444	444	intensely developed area under paragraph [(13)] (16) of this subsection. 4
445	445
446	446	[(16)] (19) “Local jurisdiction” means a county, or a municipal corporation 5
447	447	with planning and zoning powers, in which any part of the Chesapeake Bay Critical Area 6
448	448	or the Atlantic Coastal Bays Critical Area, as defined in this subtitle, is located. 7
449	449
450	450	[(17)] (20) (i) “Lot coverage” means the percentage of a total lot or parcel 8
451	451	that is: 9
452	452
453	453	1. Occupied by a structure, accessory structure, parking 10
454	454	area, driveway, walkway, or roadway; or 11
455	455
456	456	2. Covered with gravel, stone, shell, [impermeable] decking, 12
457	457	a paver, permeable pavement, or any manmade material. 13
458	458
459	459	(ii) “Lot coverage” includes the ground area covered or occupied by a 14
460	460	stairway or impermeable deck. 15
461	461
462	462	(iii) “Lot coverage” does not include: 16
463	463
464	464	1. A fence or wall that is less than 1 foot in width that has 17
465	465	not been constructed with a footer; 18
466	466
467	467	2. A walkway in the buffer or expanded buffer, including a 19
468	468	stairway, that provides direct access to a community or private pier; 20
469	469
470	470	3. A wood mulch pathway; or 21
471	471
472	472	4. A PERMEABLE deck [with gaps to allow water to pass 22
473	473	freely]. 23
474	474
475	475	(21) “NATURAL FEATURES ” MEANS COMPONENTS AND PROCESSES 24
476	476	PRESENT IN OR PRODUC ED BY NATURE, INCLUDING SOIL TYPES, GEOLOGY, SLOPES, 25
477	477	VEGETATION, SURFACE WATER , DRAINAGE PATTERNS , AQUIFERS, RECHARGE 26
478	478	AREAS, CLIMATE, FLOODPLAINS , AQUATIC LIFE, AND WILDLIFE. 27
479	479
480	480	(22) (I) “NATURE–BASED FEATURES ” MEANS THOSE SMALL –SCALE 28
481	481	NONSTRUCTURAL FEATUR ES THAT MIMIC CHARAC TERISTICS OF NATURAL 29
482	482	FEATURES AND ARE CRE ATED BY HUMAN DESIGN , ENGINEERING , AND 30
483	483	CONSTRUCTION TO PROV IDE SPECIFIC SERVICE S, INCLUDING COASTAL RISK 31
484	484	REDUCTION. 32 SENATE BILL 306 11
485	485
486	486
487	487
488	488	(II) “NATURE–BASED FEATURES ” INCLUDES LIVING 1
489	489	SHORELINES, OYSTER REEFS , MARSH RESTORATION , AND BUFFERS. 2
490	490
491	491	(23) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 3
492	492	1–701 OF THE ENVIRONMENT ARTICLE. 4
493	493
494	494	[(18)] (24) (i) “Program” means the critical area protection program of a 5
495	495	local jurisdiction. 6
496	496
497	497	(ii) “Program” includes any amendments to the program. 7
498	498
499	499	[(19)] (25) (i) “Program amendment” means any change or proposed 8
500	500	change to an adopted program that is not determined by the Commission [chairman] 9
501	501	CHAIR to be a program refinement. 10
502	502
503	503	(ii) “Program amendment” includes a change to a zoning map that is 11
504	504	not consistent with the method for using the growth allocation contained in an adopted 12
505	505	program. 13
506	506
507	507	[(20)] (26) (i) “Program refinement” means any change or proposed 14
508	508	change to an adopted program that the Commission [chairman] CHAIR determines will 15
509	509	result in a use of land or water in the Chesapeake Bay Critical Area or the Atlantic Coastal 16
510	510	Bays Critical Area in a manner consistent with the adopted program, or that will not 17
511	511	significantly affect the use of land or water in the critical area. 18
512	512
513	513	(ii) “Program refinement” may include: 19
514	514
515	515	1. A change to an adopted program that results from State 20
516	516	law; 21
517	517
518	518	2. A change to an adopted program that affects local 22
519	519	processes and procedures; 23
520	520
521	521	3. A change to a local ordinance or code that clarifies an 24
522	522	existing provision; and 25
523	523
524	524	4. A minor change to an element of an adopted program that 26
525	525	is clearly consistent with the provisions of this subtitle and all of the criteria of the 27
526	526	Commission. 28
527	527
528	528	[(21)] (27) (i) “Project approval” means the approval of development, 29
529	529	other than development by a State or local government agency, in the Chesapeake Bay 30
530	530	Critical Area or the Atlantic Coastal Bays Critical Area by the appropriate local approval 31
531	531	authority. 32
532	532	12 SENATE BILL 306
533	533
534	534
535	535	(ii) “Project approval” includes: 1
536	536
537	537	1. Approval of PRELIMINARY AND FINAL subdivision plats 2
538	538	and site plans; 3
539	539
540	540	2. Inclusion of areas within floating zones; 4
541	541
542	542	3. Issuance of variances, special exceptions, and conditional 5
543	543	use permits; and 6
544	544
545	545	4. Approval of rezoning. 7
546	546
547	547	(iii) “Project approval” does not include building permits. 8
548	548
549	549	(28) “RESILIENCY” MEANS THE ABILITY TO ADAPT TO CHANGING 9
550	550	CONDITIONS AND WITHS TAND AND RAPIDLY REC OVER FROM DISRUPTION DUE TO 10
551	551	EMERGENCIES . 11
552	552
553	553	[(22)] (29) (i) “Resource conservation area” means an area that is 12
554	554	characterized by: 13
555	555
556	556	1. Nature dominated environments, such as wetlands, 14
557	557	surface water, forests, and open space; and 15
558	558
559	559	2. Resource–based activities, such as agriculture, forestry, 16
560	560	fisheries, or aquaculture. 17
561	561
562	562	(ii) “Resource conservation area” includes an area with a housing 18
563	563	density of less than one dwelling per five acres. 19
564	564
565	565	[(23)] (30) “Tributary stream” means a perennial stream or an intermittent 20
566	566	stream within the critical area that has been identified by site inspection or in accordance 21
567	567	with local program procedures approved by the Commission. 22
568	568
569	569	(31) “UNDERREPRESENTED COMM UNITY” HAS THE MEANING STAT ED 23
570	570	IN § 19–106 OF THE BUSINESS REGULATION ARTICLE. 24
571	571
572	572	(32) “UNDERSERVED COMMUNIT Y” HAS THE MEANING STAT ED IN § 25
573	573	1–701 OF THE ENVIRONMENT ARTICLE. 26
574	574
575	575	8–1804. 27
576	576
577	577	(a) (1) The Commission consists of 29 voting members who REFLECT THE 28
578	578	DIVERSITY OF THE STATE AND are appointed by the Governor, as follows: 29
579	579
580	580	(i) A full–time [chairman] CHAIR, appointed with the advice and 30 SENATE BILL 306 13
581	581
582	582
583	583	consent of the Senate, who shall serve at the pleasure of the Governor; 1
584	584
585	585	(ii) 13 individuals, appointed with the advice and consent of the 2
586	586	Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. 3
587	587	At least 1 of these 13 individuals must be an elected or appointed official of a municipality. 4
588	588	These individuals shall serve on the Commission only while they hold local office. Each 5
589	589	shall be selected from certain counties or from municipalities within the counties as follows, 6
590	590	and only after the Governor has consulted with elected county and municipal officials: 7
591	591
592	592	1. 1 from each of Baltimore City and Anne Arundel, 8
593	593	Baltimore, and Prince George’s counties; 9
594	594
595	595	2. 1 from Harford County or Cecil County; 10
596	596
597	597	3. 1 from Kent County or Queen Anne’s County; 11
598	598
599	599	4. 1 from Caroline County; 12
600	600
601	601	5. 1 from Talbot County or Dorchester County; 13
602	602
603	603	6. 1 from Wicomico County or Somerset County; 14
604	604
605	605	7. 2 from Calvert County, Charles County, or St. Mary’s 15
606	606	County, both of whom may not be from the same county; and 16
607	607
608	608	8. 2 from Worcester County, 1 of whom shall be a resident of 17
609	609	the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic 18
610	610	Coastal Bays Watershed; 19
611	611
612	612	(iii) 8 individuals, appointed with the advice and consent of the 20
613	613	Senate, who shall represent diverse interests, INCLUDING UNDERREPRE SENTED 21
614	614	COMMUNITIES , and among whom shall be a resident from each of the 5 counties that are 22
615	615	listed and from which an appointment has not been made under item (ii) of this paragraph 23
616	616	and 3 of the 8 members appointed under this item shall be at large members, 1 of whom 24
617	617	shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and 25
618	618
619	619	(iv) The Secretaries of Agriculture, Commerce, Housing and 26
620	620	Community Development, the Environment, Transportation, Natural Resources, and 27
621	621	Planning, ex officio, or the designee of the Secretaries. 28
622	622
623	623	(c) Except for the [chairman] CHAIR and ex officio State officers or their 29
624	624	representatives: 30
625	625
626	626	(1) The term of a member is 4 years; 31
627	627
628	628	(2) The terms of members are staggered as required by the terms provided 32
629	629	for members of the Commission on July 1, 1984; 33 14 SENATE BILL 306
630	630
631	631
632	632
633	633	(3) At the end of a term, a member continues to serve until a successor is 1
634	634	appointed and qualifies; 2
635	635
636	636	(4) A member who is appointed after a term is begun serves for the rest of 3
637	637	the term and until a successor is appointed and qualifies; 4
638	638
639	639	(5) A member may serve no more than 2 terms; and 5
640	640
641	641	(6) Any member of the Commission appointed by the Governor who shall 6
642	642	fail to attend at least 60% of the meetings of the Commission during any period of 12 7
643	643	consecutive months shall be considered to have resigned, and the [chairman] CHAIR shall 8
644	644	forward the member’s name to the Governor, not later than January 15 of the year following 9
645	645	the nonattendance with the statement of the nonattendance, and the Governor shall 10
646	646	appoint a successor for the remainder of the term. If the member has been unable to attend 11
647	647	meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor 12
648	648	may waive the resignation if the reasons are made public. 13
649	649
650	650	8–1805. 14
651	651
652	652	(b) (1) The [chairman] CHAIR with the approval of the Commission shall 15
653	653	appoint an Executive Director for the Commission. 16
654	654
655	655	(2) The Executive Director serves at the pleasure of the [chairman] CHAIR 17
656	656	and is entitled to the salary provided in the State budget. 18
657	657
658	658	(c) The Attorney General shall designate an assistant Attorney General to advise 19
659	659	and represent the [chairman] CHAIR and the Commission. 20
660	660
661	661	8–1806. 21
662	662
663	663	(a) The Commission has all powers necessary for carrying out the purposes of this 22
664	664	subtitle, including the following: 23
665	665
666	666	(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 24
667	667	Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 25
668	668	Procedure Act) of the State Government Article, to adopt and amend regulations as 26
669	669	authorized under this subtitle for the administration and enforcement of the State and local 27
670	670	programs; 28
671	671
672	672	(2) To conduct hearings in connection with policies, proposed programs, 29
673	673	and proposed regulations or amendments to regulations; AND 30
674	674
675	675	(3) To contract for consultant or other services[; and 31
676	676
677	677	(4) To establish an advisory committee, composed of members of the 32 SENATE BILL 306 15
678	678
679	679
680	680	Commission and local citizens and local stakeholder groups, to make recommendations to 1
681	681	the Commission with respect to Atlantic Coastal Bays Critical Area programs]. 2
682	682
683	683	(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 3
684	684
685	685	(1) Establish comprehensive standards and procedures for: 4
686	686
687	687	(ii) [Buffer exemption areas] MODIFIED BUFFER AREAS ; 5
688	688
689	689	(iii) Impacts of [shore erosion control] SHORELINE STABILIZAT ION 6
690	690	activities on the buffer; 7
691	691
692	692	(x) Development in the critical area, with respect to: 8
693	693
694	694	1. Clearing, grading, and construction activity; 9
695	695
696	696	2. Clustering to promote conservation of natural site 10
697	697	features; 11
698	698
699	699	3. THE TRANSFER OF DEVELOPMENT RIGHT S; 12
700	700
701	701	4. Flexibility for redevelopment; 13
702	702
703	703	[4.] 5. Stormwater management; 14
704	704
705	705	[5.] 6. Application of the 10% pollutant reduction rule; 15
706	706
707	707	[6.] 7. Forest and developed woodlands protections; 16
708	708
709	709	[7.] 8. Clearing of natural vegetation; 17
710	710
711	711	[8.] 9. Lot coverage standards; 18
712	712
713	713	[9.] 10. Commission review of local provisions for lot 19
714	714	consolidation; and 20
715	715
716	716	[10.] 11. The exclusion of State tidal wetlands from calculations 21
717	717	of density, forest and developed woodlands protections, limitations on clearing natural 22
718	718	vegetation, and lot coverage standards; 23
719	719
720	720	(xiv) Directives for local program development and implementation, 24
721	721	with respect to: 25
722	722
723	723	4. Reporting requirements, INCLUDING ACCOUNTING OF 26
724	724	FEE IN LIEU FUNDS; 27
725	725	16 SENATE BILL 306
726	726
727	727
728	728	(xv) In consultation with the Department of the Environment, 1
729	729	surface mining in the critical area; [and] 2
730	730
731	731	(xvi) The application for and processing of a variance, with respect to: 3
732	732
733	733	6. Notice of a variance decision; [and] 4
734	734
735	735	(XVII) ASSESSING AND ADAPTIN G THE CRITICAL AREA TO 5
736	736	CLIMATE–RELATED CHANGES INCL UDING SEA LEVEL RISE , WETLAND MIGRATION , 6
737	737	STORM SURGE , PRECIPITATION –INDUCED FLOODING , AND OTHER EXTREME 7
738	738	WEATHER EVENTS ; 8
739	739
740	740	(XVIII) ENHANCING THE RESILIE NCE OF THE CRITICAL AREA BY 9
741	741	PROTECTING , CREATING, AND RESTORING NATURA L AND NATURE –BASED 10
742	742	FEATURES; AND 11
743	743
744	744	(XIX) ENVIRONMENTAL JUSTICE AND EQUITY INITIATIV ES 12
745	745	THAT: 13
746	746
747	747	1. ADDRESS DISPARATE IMPACTS OF DEVELOPMENT ; 14
748	748	AND 15
749	749
750	750	2. ENSURE THE BENEFITS O F DEVELOPMENT , 16
751	751	RESTORATION , MITIGATION, AND CONSERVATION ARE SHA RED EQUITABLY ; AND 17
752	752
753	753	[(c) The members of the Commission who reside in the Atlantic Coastal Bays 18
754	754	Watershed shall serve on any committee established under subsection (a)(4) of this section.] 19
755	755
756	756	8–1808. 20
757	757
758	758	(a) (1) It is the intent of this subtitle that each local jurisdiction shall have 21
759	759	primary responsibility for developing and implementing a program, subject to review and 22
760	760	approval by the Commission. 23
761	761
762	762	(2) [(i) The Governor shall include in the budget a sum of money to be 24
763	763	used for grants to reimburse local jurisdictions for the reasonable costs of developing a 25
764	764	program under this section. 26
765	765
766	766	(ii) Each local jurisdiction shall submit to the Governor a detailed 27
767	767	request for funds that are equivalent to the additional costs incurred in developing the 28
768	768	program under this section. 29
769	769
770	770	(iii) The Governor shall include in the fiscal year 2003 budget a sum 30
771	771	of money to be used for grants to reimburse local jurisdictions in the Atlantic Coastal Bays 31
772	772	Critical Area for the reasonable costs of developing a program under this section. 32 SENATE BILL 306 17
773	773
774	774
775	775
776	776	(3)] The Governor shall include in the budget annually a sum of money to 1
777	777	be used for grants to assist local jurisdictions with the reasonable costs of implementing 2
778	778	AND UPDATING a program under this section. Each local jurisdiction shall submit to the 3
779	779	Governor by May 1 of each year a detailed request for funds to assist in the implementation 4
780	780	of a program under this section. 5
781	781
782	782	(3) (I) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E 6
783	783	IN THE ANNUAL BUDGET BILL AN APPROPRIATION TO PROVIDE GRANTS TO ASSIST 7
784	784	LOCAL JURISDICTIONS TO INCORPORATE CLIMA TE RESILIENCY AND EQ UITABLE 8
785	785	PLANNING INTO AN UPDATED LOCAL PROGRAM . 9
786	786
787	787	(II) BY MAY 1 OF EACH YEAR , A LOCAL JURISDICTION SHALL 10
788	788	SUBMIT TO THE COMMISSION A DETAILED REQUEST FOR FUNDING UNDER THIS 11
789	789	PARAGRAPH . 12
790	790
791	791	(b) A program shall consist of those elements which are necessary or appropriate 13
792	792	TO: 14
793	793
794	794	(1) [To minimize] MINIMIZE adverse impacts on water quality that result 15
795	795	from pollutants that are discharged from structures or conveyances or that have run off 16
796	796	from surrounding lands; 17
797	797
798	798	(2) [To conserve] CONSERVE fish, wildlife, and plant habitat; [and] 18
799	799
800	800	(3) [To establish] ESTABLISH land use policies for development in the 19
801	801	Chesapeake Bay Critical Area or the Atlantic Coastal Bays Critical Area which 20
802	802	accommodate growth and also address the fact that, even if pollution is controlled, the 21
803	803	number, movement, and activities of persons in that area can create adverse environmental 22
804	804	impacts; 23
805	805
806	806	(4) REDUCE VULNERABILITY TO THE IMPACTS OF CL IMATE CHANGE 24
807	807	AND INCORPORATE MEAS URES TO IMPROVE THE RESILIENCY OF THE CHESAPEAKE 25
808	808	AND ATLANTIC COASTAL BAYS AND ITS TRIBUTARIES; AND 26
809	809
810	810	(5) ENSURE AN EQUITABLE D ISTRIBUTION OF THE B URDENS AND 27
811	811	BENEFITS OF DEVELOPM ENT, MITIGATION, RESTORATION , CONSERVATION , AND 28
812	812	ADAPTATION TO CLIMAT E CHANGE WITHIN THE CRITICAL AREA. 29
813	813
814	814	(c) (1) (iii) At a minimum, a program shall contain all of the following 30
815	815	elements, including: 31
816	816
817	817	3. As necessary, new or amended provisions of the 32
818	818	jurisdiction’s: 33
819	819	18 SENATE BILL 306
820	820
821	821
822	822	A. Subdivision regulations; 1
823	823
824	824	B. Comprehensive or master plan; 2
825	825
826	826	C. [Zoning ordinances] ORDINANCES or regulations THAT 3
827	827	AFFECT DEVELOPMENT I N THE CRITICAL AREA; 4
828	828
829	829	D. Provisions relating to enforcement; and 5
830	830
831	831	E. Provisions as appropriate relating to [grandfathering of] 6
832	832	development [at the time] RIGHTS THAT PREDATE the program [is] AS adopted or 7
833	833	approved by the Commission, including provisions for bringing lands into conformance with 8
834	834	the Program as required under item 12 of this subparagraph; 9
835	835
836	836	6. Establishment of buffer areas along shorelines within 10
837	837	which agriculture will be permitted only if AN AGRICULTURAL best management 11
838	838	[practices are] PRACTICE IS used, provided that structures or any other use of land which 12
839	839	is necessary for adjacent agriculture shall also be permitted in any buffer area; 13
840	840
841	841	8. [Designation] ASSESSMENT AND MAPPIN G of shoreline 14
842	842	areas, if any, that are suitable for parks, hiking, biking, wildlife refuges, scenic drives, 15
843	843	public access or assembly, and water–related recreation such as boat slips, piers, and 16
844	844	beaches, WITH CONSIDERATION GIVEN TO UNDERSERVED COMMU NITIES; 17
845	845
846	846	13. Except as provided in subsection (d) of this section, 18
847	847	provisions for granting a variance to the local jurisdiction’s critical area program, in 19
848	848	accordance with regulations adopted by the Commission concerning variances set forth in 20
849	849	[COMAR 27.01.11] COMAR 27.01.12; 21
850	850
851	851	14. Penalty provisions establishing that, in addition to any 22
852	852	other penalty applicable under State or local law, each person who violates a provision of 23
853	853	this subtitle or of a program, including a contractor, property owner, or any other person 24
854	854	who committed, assisted, authorized, or participated in the violation is subject to a fine not 25
855	855	exceeding $10,000; [and] 26
856	856
857	857	15. Administrative enforcement procedures in accordance 27
858	858	with due process principles, including notice and an opportunity to be heard, and 28
859	859	establishing that: 29
860	860
861	861	A. Each violation of this subtitle or of a regulation, rule, 30
862	862	order, program, or other requirement adopted under the authority of this subtitle 31
863	863	constitutes a separate offense; 32
864	864
865	865	B. Each calendar day that a violation continues constitutes a 33
866	866	separate offense; 34
867	867	SENATE BILL 306 19
868	868
869	869
870	870	C. For each offense, a person shall be subject to separate 1
871	871	fines, orders, sanctions, and other penalties; 2
872	872
873	873	D. Civil penalties for continuing violations shall accrue 3
874	874	without a requirement for an additional assessment, notice, or opportunity for hearing for 4
875	875	each separate offense; 5
876	876
877	877	E. On consideration of all the factors included under this 6
878	878	subsection and any other factors in the local jurisdiction’s approved program, the local 7
879	879	jurisdiction shall impose the amount of the penalty; 8
880	880
881	881	F. Satisfaction of all conditions specified under paragraph (4) 9
882	882	of this subsection shall be a condition precedent to the issuance of any permit, approval, 10
883	883	variance, or special exception for the affected property; and 11
884	884
885	885	G. Unless an extension of time is appropriate because of 12
886	886	adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, 13
887	887	or special exception for the affected property, any additional mitigation required as a 14
888	888	condition of approval for the permit, approval, variance, or special exception shall be 15
889	889	completed; 16
890	890
891	891	16. PROVISIONS FOR: 17
892	892
893	893	A. IDENTIFYING AREAS VUL NERABLE TO CLIMATE 18
894	894	CHANGE; 19
895	895
896	896	B. MITIGATION AND ADAPTA TION MEASURES THAT 20
897	897	ADDRESS SEA LEVEL RI SE, STORM SURGE , PRECIPITATION –INDUCED FLOODING , 21
898	898	OTHER EXTREME WEATHE R EVENTS, MIGRATING WETLANDS, AND COASTAL 22
899	899	FORESTS; AND 23
900	900
901	901	C. ENHANCING THE RESILIE NCY OF THE CRITICAL AREA 24
902	902	BY IDENTIFYING , RESTORING, AND CREATING AND CON SERVING EXISTING AND 25
903	903	PROJECTED FUTURE NAT URAL AND NATURE –BASED FEATURES ; 26
904	904
905	905	17. PROVISIONS FOR: 27
906	906
907	907	A. IDENTIFYING UN DERSERVED AND OVERBU RDENED 28
908	908	COMMUNITIES WITHIN T HE CRITICAL AREA; 29
909	909
910	910	B. MEASURES TO ENSURE TH E EQUITABLE 30
911	911	DISTRIBUTION OF THE BENEFITS AND BURDENS OF DEVELOPMENT , RESTORATION , 31
912	912	AND MITIGATION WITHI N THE CRITICAL AREA; AND 32
913	913
914	914	C. ENSURING EQUITY IN TH E PUBLIC PARTICIPATI ON 33 20 SENATE BILL 306
915	915
916	916
917	917	PROCESS; 1
918	918
919	919	18. PROVISIONS TO ENSURE PUBLIC ACC ESS TO THE 2
920	920	WATER, SHORELINE, AND OTHER NATURAL AR EAS FOR UNDERSERVED OR 3
921	921	OVERBURDENED COMMUNI TIES; AND 4
922	922
923	923	19. METHODS TO ENSURE EFF ECTIVE ALLOCATION , 5
924	924	ACCOUNTING , AND REPORTING OF FEE IN LIEU FUNDS. 6
925	925
926	926	(4) A local jurisdiction may not issue a permit, approval, variance, or 7
927	927	special exception THAT IS SUBJECT TO THE VIOLA TION, unless the person seeking the 8
928	928	permit, approval, variance, or special exception has: 9
929	929
930	930	(i) Fully paid all administrative, civil, and criminal penalties 10
931	931	imposed under paragraph (1)(iii)15 of this subsection; 11
932	932
933	933	(ii) Prepared a restoration or mitigation plan, approved by the local 12
934	934	jurisdiction, to abate impacts to water quality or natural resources as a result of the 13
935	935	violation; and 14
936	936
937	937	(iii) Performed the abatement measures in the approved plan in 15
938	938	accordance with the local critical area program. 16
939	939
940	940	8–1808.1. 17
941	941
942	942	(c) (2) When locating new intensely developed or limited development areas, 18
943	943	local jurisdictions shall use the following standards: 19
944	944
945	945	(i) Locate a new intensely developed area in a limited development 20
946	946	area or adjacent to an existing intensely developed area; 21
947	947
948	948	(ii) Locate a new limited development area adjacent to an existing 22
949	949	limited development area or an intensely developed area; 23
950	950
951	951	(iii) Locate a new limited development area or an intensely developed 24
952	952	area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 25
953	953	27.01.09, and in an area and manner that optimizes benefits to water quality; 26
954	954
955	955	(iv) Locate a new intensely developed area or a limited development 27
956	956	area in a resource conservation area at least 300 feet beyond the landward edge of tidal 28
957	957	wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 29
958	958	approves, alternative measures for enhancement of water quality and habitat that provide 30
959	959	greater benefits to the resources; 31
960	960
961	961	(v) Locate new intensely developed areas and limited development 32
962	962	areas in a manner that minimizes their impacts to the defined land uses of the resource 33 SENATE BILL 306 21
963	963
964	964
965	965	conservation area; 1
966	966
967	967	(vi) LOCATE NEW INTENSELY DEVELOPED AREAS AND LIMITED 2
968	968	DEVELOPMENT AREAS OU TSIDE OF AREAS VULNE RABLE TO CLIMATE CHA NGE 3
969	969	UNLESS THE LOCAL JUR ISDICTION PROPOSES AND THE COMMISSION APP ROVES: 4
970	970
971	971	1. AREAS IDENTIFIED BY T HE LOCAL JURISDICTIO N AS 5
972	972	VULNERABLE TO CLIMAT E CHANGE AS REQUIRED UNDER § 8–1808(C)(1)(III)16 OF 6
973	973	THIS SUBTITLE; AND 7
974	974
975	975	2. MEASURES THAT : 8
976	976
977	977	A. ASSESS CLIMATE RESILI ENCY AND VULNERABILI TY; 9
978	978	AND 10
979	979
980	980	B. INCORPORATE SITING, DESIGN, CONSTRUCTION , AND 11
981	981	OTHER NATURAL FEATUR ES TO SIGNIFICANTLY ENHANCE RESILIENCY A ND REDUCE 12
982	982	VULNERABILITY ; 13
983	983
984	984	(VII) Except as provided in item [(viii)] (IX) of this paragraph, no more 14
985	985	than one–half of the expansion allocated in the criteria of the Commission may be located 15
986	986	in resource conservation areas; 16
987	987
988	988	[(vii)] (VIII) New intensely developed or limited development areas 17
989	989	involving the use of growth allocation shall conform to all criteria of the Commission and 18
990	990	shall be designated on the comprehensive zoning map submitted by the local jurisdiction 19
991	991	as part of its application to the Commission for program approval or at a later date in 20
992	992	compliance with § 8–1809(g) of this subtitle; and 21
993	993
994	994	[(viii)] (IX) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, 22
995	995	Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the 23
996	996	county is unable to utilize a portion of the growth allocated to the county in items (i) and 24
997	997	(ii) of this paragraph within or adjacent to existing intensely developed or limited 25
998	998	development areas as demonstrated in the local plan approved by the Commission, then 26
999	999	that portion of the allocated expansion which cannot be so located may be located in the 27
1000	1000	resource conservation area in addition to the expansion allocated in item [(vi)] (VII) of this 28
1001	1001	paragraph. A developer shall be required to cluster any development in an area of 29
1002	1002	expansion authorized under this paragraph. 30
1003	1003
1004	1004	(4) In reviewing map amendments or refinements involving the use of 31
1005	1005	growth allocation, the Commission shall consider the following factors: 32
1006	1006
1007	1007	(vi) Environmental impacts associated with wastewater and 33
1008	1008	stormwater management practices and wastewater and stormwater discharges to tidal 34
1009	1009	waters, tidal wetlands, and tributary streams; [and] 35 22 SENATE BILL 306
1010	1010
1011	1011
1012	1012
1013	1013	(vii) Environmental impacts associated with location in a coastal 1
1014	1014	hazard area or an increased risk of severe flooding attributable to the proposed 2
1015	1015	development; AND 3
1016	1016
1017	1017	(VIII) ENVIRONMENTAL IMPACTS ON UNDERSERV ED OR 4
1018	1018	OVERBURDENED COMMUNI TIES. 5
1019	1019
1020	1020	(e) (1) Except as authorized under paragraph (2) of this subsection, in 6
1021	1021	calculating the 1–in–20 acre density of development that is permitted on a parcel located 7
1022	1022	within the resource conservation area, a local jurisdiction: 8
1023	1023
1024	1024	(i) Shall count each dwelling unit; and 9
1025	1025
1026	1026	(ii) May permit the area of any private wetlands located on the 10
1027	1027	property to be included, under the following conditions: 11
1028	1028
1029	1029	1. [The density of development on the upland portion of the 12
1030	1030	parcel may not exceed one dwelling unit per 8 acres] ONLY WHEN USING TRANSFER OF 13
1031	1031	DEVELOPMENT RIGHTS ; and 14
1032	1032
1033	1033	2. The area of private wetlands shall be [estimated on the 15
1034	1034	basis of vegetative information as designated on the State wetlands maps] FIELD 16
1035	1035	DELINEATED WHEN CERT IFYING DEVELOPMENT R IGHTS FOR TRANSFER . 17
1036	1036
1037	1037	(2) (i) Within a resource conservation area, a local jurisdiction may 18
1038	1038	consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit 19
1039	1039	for the purpose of the density calculation under this subsection if the additional dwelling 20
1040	1040	unit: 21
1041	1041
1042	1042	1. DOES NOT REQUIRE A VARIAN CE TO ANY CRITICAL 22
1043	1043	AREA DEVELOPMENT STA NDARDS; AND 23
1044	1044
1045	1045	2. A. I. Is located within the primary dwelling unit 24
1046	1046	or its entire perimeter is within 100 feet of the primary dwelling unit; 25
1047	1047
1048	1048	[B.] II. Does not exceed 900 square feet in total enclosed 26
1049	1049	area; and 27
1050	1050
1051	1051	[C.] III. Is served by the same sewage disposal system as the 28
1052	1052	primary dwelling unit; or 29
1053	1053
1054	1054	[2. A.] B. I. Is located within the primary dwelling 30
1055	1055	unit; 31
1056	1056
1057	1057	[B.] II. By its construction, does not increase the amount of 32 SENATE BILL 306 23
1058	1058
1059	1059
1060	1060	lot coverage already attributed to the primary dwelling unit BY GREATER THAN 900 1
1061	1061	SQUARE FEET ; and 2
1062	1062
1063	1063	[C.] III. Is served by the same sewage disposal system as the 3
1064	1064	primary dwelling unit. 4
1065	1065
1066	1066	(ii) The provisions of this paragraph may not be construed to require 5
1067	1067	a local jurisdiction to consider an additional dwelling unit as part of a primary dwelling 6
1068	1068	unit for the purpose of the density calculation under this subsection. 7
1069	1069
1070	1070	(iii) An additional dwelling unit meeting all the criteria under 8
1071	1071	subparagraph (i) of this paragraph that is separate from the primary dwelling unit may not 9
1072	1072	be subdivided or conveyed separately from the primary dwelling unit. 10
1073	1073
1074	1074	(3) [The provisions of this subsection: 11
1075	1075
1076	1076	(i) Apply to density calculations only; and 12
1077	1077
1078	1078	(ii) May not be construed to authorize a local jurisdiction to grant a 13
1079	1079	variance, unless the variance is granted in accordance with the requirements of § 8–1808(d) 14
1080	1080	of this subtitle] AN ADDITIONAL DWELLIN G UNIT THAT EXCEEDS 900 SQUARE FEET 15
1081	1081	SHALL COUNT TOWARDS THE DENSITY CALC ULATION. 16
1082	1082
1083	1083	8–1808.2. 17
1084	1084
1085	1085	(f) (1) As a condition of approval, a local jurisdiction shall require that: 18
1086	1086
1087	1087	(i) Any deed for a lot that is created by a bona fide intrafamily 19
1088	1088	transfer shall contain a covenant stating that the lot is created subject to the provisions of 20
1089	1089	this section; and 21
1090	1090
1091	1091	(ii) A lot created by a bona fide intrafamily transfer may not be 22
1092	1092	conveyed subsequently to any person other than a member of the owner’s immediate family, 23
1093	1093	except under procedures established pursuant to subsection (g) of this section OR 24
1094	1094	THROUGH THE PURCHASE OF A TRANSFERABLE DEVEL OPMENT RIGHT . 25
1095	1095
1096	1096	(2) This subsection does not prevent the conveyance of the lot to a third 26
1097	1097	party as security for a mortgage or deed of trust. 27
1098	1098
1099	1099	8–1808.3. 28
1100	1100
1101	1101	(b) Lot coverage in the buffer may not exceed the minimum amount necessary for 29
1102	1102	water–dependent [facilities] USES, regardless of the critical area classification or the size 30
1103	1103	of the parcel or lot, except: 31
1104	1104
1105	1105	(1) For a [buffer exemption area] MODIFIED BUFFER AREA , as mapped 32 24 SENATE BILL 306
1106	1106
1107	1107
1108	1108	or established under an approved local program; 1
1109	1109
1110	1110	(2) For a variance granted in accordance with this subtitle; or 2
1111	1111
1112	1112	(3) As provided in a waterfront revitalization area or a waterfront 3
1113	1113	industrial area under a local program. 4
1114	1114
1115	1115	(f) A local jurisdiction may allow a property owner to exceed the lot coverage 5
1116	1116	limits provided in subsection (d)(2) and (3) of this section if the following conditions exist: 6
1117	1117
1118	1118	(1) Lot coverage associated with new development activities on the 7
1119	1119	property has been minimized; 8
1120	1120
1121	1121	(2) For a lot or parcel one–half acre or less in size, total lot coverage does 9
1122	1122	not exceed lot coverage limits in subsection (d)(2) of this section by more than 25% or 500 10
1123	1123	square feet, whichever is greater; 11
1124	1124
1125	1125	(3) For a lot or parcel greater than one–half acre and less than one acre in 12
1126	1126	size, total lot coverage does not exceed lot coverage limits in subsection (d)(3) of this section 13
1127	1127	or 5,445 square feet, whichever is greater; 14
1128	1128
1129	1129	(4) Water quality impacts associated with runoff from new development 15
1130	1130	activities that contribute to lot coverage can be and have been minimized through site 16
1131	1131	design considerations or use of best management practices approved by the local 17
1132	1132	jurisdiction to improve water quality; [and] 18
1133	1133
1134	1134	(5) The property owner performs on–site mitigation as required by the local 19
1135	1135	jurisdiction to offset potential adverse water quality impacts from the new development 20
1136	1136	activities that contribute to lot coverage, or the property owner pays a fee to the local 21
1137	1137	jurisdiction in lieu of performing the on–site mitigation; AND 22
1138	1138
1139	1139	(6) FOR DEVELOPMENT THAT USES PERVIOUS MATERI ALS THAT 23
1140	1140	HAVE BEEN APPROVED BY THE COMMISSION AS PART OF A LOCAL PROGRAM , THE 24
1141	1141	LIMITS ESTABLISHED I N ITEMS (2) AND (3) OF THIS SUBSECTION MAY BE EXCEEDED 25
1142	1142	BY UP TO 500 SQUARE FEET . 26
1143	1143
1144	1144	8–1808.10. 27
1145	1145
1146	1146	(b) (1) Except as provided under subsection (c) of this section, the minimum 28
1147	1147	buffer shall be: 29
1148	1148
1149	1149	(i) 200 feet LANDWARD from tidal waters or a tidal wetland; and 30
1150	1150
1151	1151	(ii) 100 feet LANDWARD from a tributary stream. 31
1152	1152
1153	1153	8–1809. 32 SENATE BILL 306 25
1154	1154
1155	1155
1156	1156
1157	1157	(g) Each local jurisdiction shall [review]: 1
1158	1158
1159	1159	(1) REVIEW its entire program and propose any necessary amendments to 2
1160	1160	its entire program, including local zoning maps, at least every [6 years. Each local 3
1161	1161	jurisdiction shall send] 10 YEARS; AND 4
1162	1162
1163	1163	(2) SEND in writing to the Commission, within 60 days after the 5
1164	1164	completion of its review, the following information: 6
1165	1165
1166	1166	[(1)] (I) A statement certifying that the required review has been 7
1167	1167	accomplished; 8
1168	1168
1169	1169	[(2)] (II) Any necessary requests for program amendments, program 9
1170	1170	refinements, or other matters that the local jurisdiction wishes the Commission to consider; 10
1171	1171
1172	1172	[(3)] (III) An updated resource inventory; and 11
1173	1173
1174	1174	[(4)] (IV) A statement quantifying acreages within each land 12
1175	1175	classification, the growth allocation used, and the growth allocation remaining. 13
1176	1176
1177	1177	(H) ON REQUEST OF A LOCAL JURISDICTION AND FOR GOOD CAUSE , THE 14
1178	1178	COMMISSION MAY EXTEND THE DEADLINE UNDER S UBSECTION (G) OF THIS 15
1179	1179	SECTION FOR THAT LOC AL JURISDICTION BY N OT MORE THAN TWO 6–MONTH 16
1180	1180	EXTENSIONS. 17
1181	1181
1182	1182	(I) A LOCAL JURISDICTION T HAT DOES NOT MEET TH E DEADLINE UNDER 18
1183	1183	SUBSECTION (G)(1) OF THIS SECTION OR A FTER THE EXP IRATION OF ANY 19
1184	1184	EXTENSION GRANTED UN DER SUBSECTION (H) OF THIS SECTION MAY NOT PROPOSE 20
1185	1185	AN AMENDMENT OR REFI NEMENT UNDER SUBSECTION (J) OF THIS SECTION. 21
1186	1186
1187	1187	[(h)] (J) (1) As often as necessary but not more than 4 times per calendar 22
1188	1188	year, each local jurisdiction may propose program amendments and program refinements 23
1189	1189	to its adopted program. 24
1190	1190
1191	1191	(2) [(i) Except for program amendments or program refinements 25
1192	1192	developed during program review under subsection (g) of this section, a zoning map 26
1193	1193	amendment may be granted by a local approving authority only on proof of a mistake in 27
1194	1194	the existing zoning. 28
1195	1195
1196	1196	(ii) The requirement in paragraph (2)(i) of this subsection that a 29
1197	1197	zoning map amendment may be granted only on proof of a mistake does not apply to 30
1198	1198	proposed changes to a zoning map that: 31
1199	1199
1200	1200	1. Are wholly consistent with the land classifications in the 32 26 SENATE BILL 306
1201	1201
1202	1202
1203	1203	adopted program; or 1
1204	1204
1205	1205	2. Propose the use of a part of the remaining growth 2
1206	1206	allocation in accordance with the adopted program] A CHANGE TO A CRITICAL AREA 3
1207	1207	DESIGNATION MAY BE GRANTED BY A LOCAL APPROVING AUTHORITY ON PROOF O F 4
1208	1208	MISTAKE IF THE PROPO SED CRITICAL AREA CLASSIFICATION : 5
1209	1209
1210	1210	(I) CONFORMS TO THE STATE CRITICAL AREA M APPING 6
1211	1211	CRITERIA; 7
1212	1212
1213	1213	(II) 1. IS BASED ON LAND USES OR NATURAL FEATURES IN 8
1214	1214	EXISTENCE AS OF DECEMBER 1, 1985; OR 9
1215	1215
1216	1216	2. FOR AREAS INCLUDED IN THE CRITICAL AREA DUE TO 10
1217	1217	REMAPPING, IS BASED ON LAND USE S OR NATURAL FEATURE S IN EXISTENCE AT TH E 11
1218	1218	TIME OF THE REMAPPIN G; AND 12
1219	1219
1220	1220	(III) FOLLOWS THE LOCAL JURISDICTI ON’S MAPPING 13
1221	1221	METHODOLOGY FOR CRIT ICAL AREA CLASSIFICA TIONS AT THE TIME OF ORIGINAL 14
1222	1222	PROGRAM ADOPTION . 15
1223	1223
1224	1224	(K) A ZONING MAP AMENDMENT MAY BE GRANTED IF TH E ZONING MAP 16
1225	1225	AMENDMENT : 17
1226	1226
1227	1227	(1) IS WHOLLY CONSISTENT WITH THE LAND CLASSI FICATIONS IN 18
1228	1228	THE ADOPTED PROGRAM ; 19
1229	1229
1230	1230	(2) PROPOSES THE USE OF A PART OF THE REMAININ G GROWTH 20
1231	1231	ALLOCATION IN ACCORD ANCE WITH THE ADOPTE D PROGRAM; OR 21
1232	1232
1233	1233	(3) PROPOSES TO CHANGE TH E LAND CLASSIFICATIO N FROM EITHER 22
1234	1234	AN INTENSELY DEVELOP ED AREA TO A LIMITED DEVELOPMENT AREA OR A 23
1235	1235	RESOURCE CONSERVATIO N AREA, OR A LIMITED DEVELOP MENT AREA TO A 24
1236	1236	RESOURCE CONSERVATIO N AREA. 25
1237	1237
1238	1238	[(i)] (L) A program may not be amended except with the approval of the 26
1239	1239	Commission. 27
1240	1240
1241	1241	[(j)] (M) The Commission shall approve programs and program amendments 28
1242	1242	that meet: 29
1243	1243
1244	1244	(1) The standards set forth in § 8–1808(b)(1) through [(3)] (4) of this 30
1245	1245	subtitle; and 31
1246	1246	SENATE BILL 306 27
1247	1247
1248	1248
1249	1249	(2) The criteria adopted by the Commission under § 8–1808 of this subtitle. 1
1250	1250
1251	1251	[(k) Copies of each approved program, as the program is amended or refined from 2
1252	1252	time to time, shall be maintained by the local jurisdiction and the Commission in a form 3
1253	1253	available for public inspection.] 4
1254	1254
1255	1255	[(l)] (N) (1) If the Commission determines that an adopted program contains 5
1256	1256	a clear mistake, omission, or conflict with the criteria or law, the Commission may: 6
1257	1257
1258	1258	(i) Notify the local jurisdiction of the specific deficiency; and 7
1259	1259
1260	1260	(ii) [Request] DIRECT that the jurisdiction submit a proposed 8
1261	1261	program amendment or program refinement to correct the deficiency. 9
1262	1262
1263	1263	(2) Within 90 days after being notified of any deficiency under paragraph 10
1264	1264	(1) of this subsection, the local jurisdiction shall submit to the Commission, as program 11
1265	1265	amendments or program refinements, any proposed changes that are necessary to correct 12
1266	1266	those deficiencies. 13
1267	1267
1268	1268	(3) Local project approvals granted under a part of a program that the 14
1269	1269	Commission has determined to be deficient shall be null and void after notice of the 15
1270	1270	deficiency. 16
1271	1271
1272	1272	[(m)] (O) (1) The Commission may adopt regulations that prescribe the 17
1273	1273	procedures and information requirements for program amendments and program 18
1274	1274	refinements. 19
1275	1275
1276	1276	(2) In the absence of regulations under paragraph (1) of this subsection, a 20
1277	1277	local jurisdiction may propose changes to adopted programs. Within 10 working days of 21
1278	1278	receiving a proposal under this paragraph, the Commission shall: 22
1279	1279
1280	1280	(i) [Mail a notification to] NOTIFY IN WRITING the local 23
1281	1281	jurisdiction that the proposal has been accepted for processing; or 24
1282	1282
1283	1283	(ii) Return the proposal as incomplete. 25
1284	1284
1285	1285	[(n)] (P) A local jurisdiction may specify whether it intends a proposed change 26
1286	1286	to be a program amendment or program refinement. However, the Commission shall treat 27
1287	1287	a proposed change as a program amendment unless the [chairman] CHAIR determines that 28
1288	1288	the proposed change is a program refinement. 29
1289	1289
1290	1290	[(o)] (Q) (1) (I) For proposed program amendments, a Commission panel 30
1291	1291	shall hold a public hearing in the local jurisdiction, and the Commission shall act on the 31
1292	1292	proposed program amendment within 130 days of the Commission’s acceptance of the 32
1293	1293	proposal UNLESS THE LOCAL JUR ISDICTION REQUESTS , AND THE CHAIR APPROV ES, 33
1294	1294	AN EXTENSION . 34 28 SENATE BILL 306
1295	1295
1296	1296
1297	1297
1298	1298	(II) [If] UNLESS THE LOCAL JURI SDICTION REQUESTS , AND THE 1
1299	1299	CHAIR APPROVES , AN EXTENSION, IF action by the Commission is not taken within 130 2
1300	1300	days, the proposed program amendment is deemed approved. 3
1301	1301
1302	1302	(2) The Commission shall determine if the proposed amendment is 4
1303	1303	consistent with the purposes, policies, goals, and the provisions of this subtitle, and all 5
1304	1304	criteria of the Commission. 6
1305	1305
1306	1306	(3) In accordance with the Commission’s determination in paragraph (2) of 7
1307	1307	this subsection, the Commission shall: 8
1308	1308
1309	1309	(i) Approve the proposed program amendment and notify the local 9
1310	1310	jurisdiction; 10
1311	1311
1312	1312	(ii) Deny the proposed program amendment; 11
1313	1313
1314	1314	(iii) Approve the proposed program amendment subject to one or 12
1315	1315	more conditions; or 13
1316	1316
1317	1317	(iv) Return the proposed program amendment to the local 14
1318	1318	jurisdiction with a list of the changes to be made. 15
1319	1319
1320	1320	(4) If the Commission approves a proposed program amendment subject to 16
1321	1321	one or more conditions under item (3)(iii) of this subsection, the local jurisdiction shall 17
1322	1322	notify the Commission within 60 days of its intent to adopt the conditions. 18
1323	1323
1324	1324	(5) The local jurisdiction shall incorporate the approved program 19
1325	1325	amendment and any required conditions into the adopted program within 120 days of 20
1326	1326	receiving notice from the Commission that the program amendment has been approved. 21
1327	1327
1328	1328	[(p)] (R) (1) Proposed program refinements shall be determined as provided 22
1329	1329	in this subsection. 23
1330	1330
1331	1331	(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 24
1332	1332	change an adopted program, the [chairman] CHAIR, on behalf of the Commission, may 25
1333	1333	determine that the proposed change is a program refinement. [Immediately upon making 26
1334	1334	a determination under this paragraph, the chairman] 27
1335	1335
1336	1336	(II) THE CHAIR shall notify the Commission of that determination 28
1337	1337	AT THE NEXT MEETING OR A SUBSEQUENT MEET ING IF THE LOCAL JUR ISDICTION 29
1338	1338	REQUESTS, AND THE CHAIR APPROV ES, AN EXTENSION . 30
1339	1339
1340	1340	[(ii)] (III) If a proposed change that was specifically submitted as a 31
1341	1341	program refinement is not acted on by the [chairman] CHAIR within the 30–day period, 32
1342	1342	the Commission shall notify the appropriate local jurisdiction that the proposed change has 33 SENATE BILL 306 29
1343	1343
1344	1344
1345	1345	been deemed to be a program amendment. 1
1346	1346
1347	1347	(3) (i) The Commission may vote to override the [chairman’s] CHAIR’S 2
1348	1348	determination only at the first Commission meeting where a quorum is present following 3
1349	1349	the [chairman’s determination] CHAIR’S NOTIFICATION TO THE COMMISSION. 4
1350	1350
1351	1351	(ii) If the [chairman’s] CHAIR’S determination is overridden, the 5
1352	1352	proposed change is deemed a program amendment, which shall be decided by the 6
1353	1353	Commission in accordance with the procedures for program amendments provided in this 7
1354	1354	section, except that the Commission shall act on the program amendment within [60] 90 8
1355	1355	days after a vote to override the [chairman] CHAIR. 9
1356	1356
1357	1357	(iii) If the [chairman’s] CHAIR’S determination is not overridden, 10
1358	1358	within 10 working days after the opportunity to override the [chairman’s] CHAIR’S decision 11
1359	1359	under item (i) of this paragraph, the [chairman, on behalf of the Commission,] CHAIR shall: 12
1360	1360
1361	1361	1. Determine if the program refinement is consistent with 13
1362	1362	the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 14
1363	1363	Commission; and 15
1364	1364
1365	1365	2. A. Approve the proposed program refinement and 16
1366	1366	notify the local jurisdiction; 17
1367	1367
1368	1368	B. Deny the program refinement; 18
1369	1369
1370	1370	C. Approve the proposed program refinement subject to one 19
1371	1371	or more conditions; or 20
1372	1372
1373	1373	D. Return the proposed program refinement back to the local 21
1374	1374	jurisdiction with a list of the changes to be made. 22
1375	1375
1376	1376	(iv) If the [Commission] CHAIR approves a proposed program 23
1377	1377	refinement subject to one or more conditions under item (iii)3 of this paragraph, the local 24
1378	1378	jurisdiction shall notify the Commission within 60 days of its intent to adopt the conditions. 25
1379	1379
1380	1380	(4) A local jurisdiction shall incorporate an approved program refinement 26
1381	1381	and any required conditions into its adopted program within 120 days of receiving notice 27
1382	1382	from the [chairman] CHAIR that the program refinement has been approved. 28
1383	1383
1384	1384	[(q)] (S) (1) (i) As necessary, a local jurisdiction may combine any or all 29
1385	1385	proposed program amendments or program refinements required for a specific project 30
1386	1386	approval into a single request to the Commission for program amendment, program 31
1387	1387	refinement, or both. 32
1388	1388
1389	1389	(ii) The Commission shall ensure that any requests received in 33
1390	1390	accordance with this paragraph are consistent with the purposes, policies, goals, and 34 30 SENATE BILL 306
1391	1391
1392	1392
1393	1393	provisions of this subtitle, and all criteria of the Commission. 1
1394	1394
1395	1395	(2) A project for which a local jurisdiction requests growth allocation may 2
1396	1396	be submitted as a proposed program amendment, program refinement, or both. 3
1397	1397
1398	1398	(3) Approval by the Commission of a program amendment, program 4
1399	1399	refinement, or both does not affect the Commission’s authority to receive notice of or 5
1400	1400	intervene in a project approval that was not specifically approved by the Commission as 6
1401	1401	part of its approval of a program amendment or program refinement. 7
1402	1402
1403	1403	[(r)] (T) Within 6 months after the adoption of amended criteria, a local 8
1404	1404	jurisdiction shall send to the Commission: 9
1405	1405
1406	1406	(1) Proposed program amendments or program refinements that address 10
1407	1407	the amended criteria; or 11
1408	1408
1409	1409	(2) A statement describing how the adopted program conforms to the 12
1410	1410	amended criteria and certifying that the adopted program is consistent with the amended 13
1411	1411	criteria. 14
1412	1412
1413	1413	[(s)] (U) If the Commission adopts a regulation concerning the use of the growth 15
1414	1414	allocation, any use of the growth allocation must be in accordance with that regulation for 16
1415	1415	the change to be considered a program refinement. 17
1416	1416
1417	1417	8–1810. 18
1418	1418
1419	1419	(E) IF A LOCAL JURISDICTI ON HAS FAILED TO UPD ATE AN ADOPTED 19
1420	1420	PROGRAM IN ACCORDANC E WITH § 8–1809(G) OF THIS SUBTITLE: 20
1421	1421
1422	1422	(1) THE LOCAL JURISDICTIO N SHALL ADOPT AN UPD ATE TO THE 21
1423	1423	LOCAL PROGRAM WITHIN 1 YEAR OF NOTICE FROM THE COMMISSION; OR 22
1424	1424
1425	1425	(2) THE COMMISSION MAY UPDATE THE LOCAL PROGRAM . 23
1426	1426
1427	1427	8–1811. 24
1428	1428
1429	1429	(b) (2) From the date designated by the Commission in approving or adopting 25
1430	1430	a program, an applicant for project approval or the local agency authorized to grant project 26
1431	1431	approval on an application in any of the identified classes shall send to the Commission in 27
1432	1432	accordance with the regulations and any other instructions of the Commission, a copy of 28
1433	1433	every pending or new application for approval that is in any of the identified classes. Before 29
1434	1434	the close of the fifth business day after receipt of a copy of an application from [the applicant 30
1435	1435	or] the local approving authority, the Commission shall send written notice of receipt to the 31
1436	1436	applicant and to the local approving authority. A failure of the Commission to send a timely 32
1437	1437	notice shall render paragraph (3) of this subsection inapplicable as to that application. 33
1438	1438	SENATE BILL 306 31
1439	1439
1440	1440
1441	1441	8–1812. 1
1442	1442
1443	1443	(a) After the Commission has approved or adopted a program, the [chairman] 2
1444	1444	CHAIR of the Commission has standing and the right and authority to initiate or intervene 3
1445	1445	in any administrative, judicial, or other original proceeding or appeal in this State 4
1446	1446	concerning a project approval in the Chesapeake Bay Critical Area or the Atlantic Coastal 5
1447	1447	Bays Critical Area. The [chairman] CHAIR may exercise this intervention authority 6
1448	1448	without first obtaining approval from the Commission, but the [chairman] CHAIR shall 7
1449	1449	send prompt written notice of any intervention or initiation of action under this section to 8
1450	1450	each member of the Commission. The [chairman] CHAIR shall withdraw the intervention 9
1451	1451	or action initiated if, within 35 days after the date of the [chairman’s] CHAIR’S notice, at 10
1452	1452	least 13 members indicate disapproval of the action, either in writing addressed to the 11
1453	1453	[chairman] CHAIR or by vote at a meeting of the Commission. A member representing the 12
1454	1454	local jurisdiction affected by the [chairman’s] CHAIR’S intervention or action may request 13
1455	1455	a meeting of the Commission to vote on the [chairman’s] CHAIR’S intervention or action. 14
1456	1456
1457	1457	(b) Except as stated in this subtitle, the [chairman] CHAIR is subject to general 15
1458	1458	laws and rules of procedure that govern the time within and manner in which the authority 16
1459	1459	granted in subsection (a) of this section may be exercised. 17
1460	1460
1461	1461	(c) The [chairman] CHAIR may appeal an action or decision even if the 18
1462	1462	[chairman] CHAIR was not a party to or is not specifically aggrieved by the action or 19
1463	1463	decision. 20
1464	1464
1465	1465	8–1813.1. 21
1466	1466
1467	1467	(d) A local jurisdiction may include in the jurisdiction’s local critical area 22
1468	1468	protection program, to be approved by the Commission, an alternative buffer provision for 23
1469	1469	the development of a planned unit development in accordance with the planned unit 24
1470	1470	development’s Step III approval, provided that: 25
1471	1471
1472	1472	(5) At least 75% of the dwelling units in the planned unit development 26
1473	1473	comply with the buffer requirements in COMAR 27.01.09.01 and no dwelling unit has a 27
1474	1474	buffer of less than 50 feet LANDWARD from existing or proposed tidal waters, tidal 28
1475	1475	wetlands, or tributary streams. 29
1476	1476
1477	1477	8–1814. 30
1478	1478
1479	1479	(a) After 760 days have elapsed from the date upon which criteria adopted by the 31
1480	1480	Commission become effective, any State or local agency that proposes development which 32
1481	1481	has not been subject to project approval by the local jurisdiction under an approved 33
1482	1482	program, including buildings, treatment plants, roads, railroads, and airports, in the 34
1483	1483	Chesapeake Bay Critical Area AND ATLANTIC COASTAL BAYS CRITICAL AREA shall, 35
1484	1484	before the State or local agency begins the development, receive the approval of the 36
1485	1485	Commission in accordance with procedures or exceptions set forth in regulations adopted 37
1486	1486	by the Commission using the standards set forth in § 8–1808(b)(1) through (3) of this 38 32 SENATE BILL 306
1487	1487
1488	1488
1489	1489	subtitle. These regulations shall be adopted on or before September 1, 1987, and only after 1
1490	1490	consultation with affected State and local agencies. 2
1491	1491
1492	1492	(b) The Secretary AND THE SECRETARY OF THE ENVIRONMENT shall consult 3
1493	1493	with the Commission in making consistency determinations under the Federal Coastal 4
1494	1494	Zone Management Program. 5
1495	1495
1496	1496	8–1815. 6
1497	1497
1498	1498	(a) (2) (i) A person who violates a provision of an order, permit, plan, local 7
1499	1499	program, this subtitle, or regulations adopted, approved, or issued under the authority of 8
1500	1500	this subtitle shall be: 9
1501	1501
1502	1502	1. Subject to prosecution or suit in circuit court or District 10
1503	1503	Court by the [chairman] CHAIR or local authorities, who may invoke the sanctions and 11
1504	1504	remedies afforded by State or local law; 12
1505	1505
1506	1506	(3) A local authority may request: 13
1507	1507
1508	1508	(ii) That the [chairman] CHAIR refer an enforcement action to the 14
1509	1509	Attorney General. 15
1510	1510
1511	1511	(b) Whenever the [chairman] CHAIR has reason to believe that a local jurisdiction 16
1512	1512	is failing to enforce the requirements of a program applicable to a particular development, 17
1513	1513	the [chairman] CHAIR shall serve notice upon the local enforcement authorities. If within 18
1514	1514	30 days after service of the notice, the local authorities have failed to initiate an action to 19
1515	1515	remedy or punish the violation, the [chairman] CHAIR may refer the matter to the Attorney 20
1516	1516	General. 21
1517	1517
1518	1518	(e) Notwithstanding any other provision of this section, whenever a development 22
1519	1519	in the CHESAPEAKE BAY CRITICAL AREA OR ATLANTIC COASTAL BAYS Critical Area 23
1520	1520	is proceeding in violation of approved project plans and threatens to immediately and 24
1521	1521	irreparably degrade the quality of tidal waters or fish, wildlife, or plant habitat, the 25
1522	1522	Attorney General, upon request of the [chairman] CHAIR, may bring an action to restrain 26
1523	1523	the violation and, as appropriate, to compel restoration of any land or water areas affected 27
1524	1524	by the development. 28
1525	1525
1526	1526	8–1815.1. 29
1527	1527
1528	1528	(b) If a person cuts or clears or plans to cut or clear trees within the Chesapeake 30
1529	1529	Bay Critical Area or Atlantic Coastal Bays Critical Area in violation of an approved local 31
1530	1530	critical area program or of regulations adopted by the Commission, the [chairman] CHAIR 32
1531	1531	may bring an action, or the local jurisdiction may bring an action or request that the 33
1532	1532	[chairman] CHAIR of the Commission refer the matter to the Attorney General to bring an 34
1533	1533	action: 35
1534	1534	SENATE BILL 306 33
1535	1535
1536	1536
1537	1537	(1) To require the person to replant trees where the cutting or clearing 1
1538	1538	occurred in accordance with a plan prepared by the State Forester, a registered professional 2
1539	1539	forester, or a registered landscape architect; 3
1540	1540
1541	1541	(2) To restrain the planned violation; or 4
1542	1542
1543	1543	(3) For damages: 5
1544	1544
1545	1545	(i) To be assessed by a circuit court in an amount equal to the 6
1546	1546	estimated cost of replanting trees; and 7
1547	1547
1548	1548	(ii) To be paid to the Department by the person found to have 8
1549	1549	violated the provisions of this subsection. 9
1550	1550
1551	1551	(c) If the [chairman] CHAIR of the Commission has reason to believe that the 10
1552	1552	local jurisdiction is failing to enforce the requirements of subsection (b) of this section, the 11
1553	1553	[chairman] CHAIR shall refer the matter to the Attorney General as provided under § 12
1554	1554	8–1815(b) of this subtitle. 13
1555	1555
1556	1556	(d) On the [chairman] CHAIR of the Commission’s referral of an alleged violation 14
1557	1557	under subsection (c) of this section to the Attorney General, the Attorney General may 15
1558	1558	invoke the remedies available to the local jurisdiction under subsection (b) of this section 16
1559	1559	in any court of competent jurisdiction in which the local jurisdiction would be authorized to 17
1560	1560	prosecute or sue. 18
1561	1561
1562	1562	(e) On the request of a local jurisdiction or the [chairman] CHAIR of the 19
1563	1563	Commission, the State Forester, a registered professional forester, or a registered 20
1564	1564	landscape architect may prepare, oversee, and approve the final implementation of a plan 21
1565	1565	to: 22
1566	1566
1567	1567	(1) Replant trees in any part of the Chesapeake Bay Critical Area where 23
1568	1568	trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 24
1569	1569	of this section; and 25
1570	1570
1571	1571	(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 26
1572	1572	where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 27
1573	1573	subsection (b) of this section. 28
1574	1574
1575	1575	[8–1817. 29
1576	1576
1577	1577	(a) By January 1, 1994, the Commission shall adopt criteria that assure the 30
1578	1578	protection of land and water resources in the Critical Area and that shall apply throughout 31
1579	1579	the Critical Area for: 32
1580	1580
1581	1581	(1) Production of oil or natural gas on lands or waters leased by the State; 33
1582	1582	and 34
1583	1583	34 SENATE BILL 306
1584	1584
1585	1585
1586	1586	(2) Exploration or production of oil or natural gas on any lands in the 1
1587	1587	Critical Area. 2
1588	1588
1589	1589	(b) (1) In addition to other applicable provisions of law, an applicant for any 3
1590	1590	production or exploratory drilling that will occur on, in, under, or through the Critical Area, 4
1591	1591	including wells drilled outside the Critical Area by a method known as slant drilling that 5
1592	1592	will pass through the Critical Area, shall complete and submit with the application an 6
1593	1593	environmental impact study that addresses the potential for any adverse environmental 7
1594	1594	effects on the Critical Area as a result of the drilling. 8
1595	1595
1596	1596	(2) (i) The Department shall forward a copy of the permit application 9
1597	1597	and the environmental impact study referred to in paragraph (1) of this subsection to the 10
1598	1598	Commission for its review and comment. 11
1599	1599
1600	1600	(ii) The Department shall consider and comment in writing on the 12
1601	1601	objections and concerns of the Commission before issuing a permit under this subsection.] 13
1602	1602
1603	1603	SECTION 2. AND BE IT FURTHER ENACTED, That on completion of the statewide 14
1604	1604	base map project, as specified under Section 3 of Chapter 119 of the Acts of the General 15
1605	1605	Assembly of 2008, the process for updating the map shall proceed as follows: 16
1606	1606
1607	1607	(1) in accordance with the following requirements and conditions, the 17
1608	1608	Critical Area Commission, with the assistance of the Department of Natural Resources and 18
1609	1609	the Department of the Environment, shall prepare an update to the statewide base map at 19
1610	1610	appropriate intervals, but not less than every 8 years, that includes a State–determined 20
1611	1611	shoreline and landward boundary of tidal wetlands and a digitally generated, georeferenced 21
1612	1612	1,000–foot critical area boundary, as appropriate for integration into a Geographic 22
1613	1613	Information System, under the following standards: 23
1614	1614
1615	1615	(i) the best available imagery of comparable scale shall be used to 24
1616	1616	identify the shoreline and landward boundary of tidal wetlands as part of the map update; 25
1617	1617
1618	1618	(ii) the boundary shall be accurate to a scale of 1:1200; and 26
1619	1619
1620	1620	(iii) the mapped shoreline and landward boundary of tidal wetlands 27
1621	1621	may not be construed to represent an official wetland delineation or to change in any way 28
1622	1622	any statutory provision under Title 16 of the Environment Article, any regulatory provision 29
1623	1623	under Title 26, Subtitle 24 of the Code of Maryland Regulations, or any other provision 30
1624	1624	related to a project–specific wetland delineation that may be necessary and appropriate; 31
1625	1625
1626	1626	(2) a local jurisdiction shall formally adopt its updated critical area map 32
1627	1627	based on the statewide base map within 6 months of its receipt from the Department of 33
1628	1628	Natural Resources and the Commission and may request an extension of time for an 34
1629	1629	additional 6 months if evidence of reasonable progress has been made and is satisfactory 35
1630	1630	to the Commission; 36
1631	1631
1632	1632	(3) the Commission, with the assistance of each local jurisdiction, shall: 37 SENATE BILL 306 35
1633	1633
1634	1634
1635	1635
1636	1636	(i) designate unclassified areas that were not within the original 1
1637	1637	critical area boundary in accordance with the mapping standards set forth under COMAR 2
1638	1638	27.01.02.03 through 27.01.02.05 and COMAR 27.01.11.05; and 3
1639	1639
1640	1640	(ii) identify areas where there appear to be inconsistencies between 4
1641	1641	the statewide base map and the local jurisdiction’s critical area map; 5
1642	1642
1643	1643	(4) a local jurisdiction shall apply the updated State–determined shoreline 6
1644	1644	and landward boundary of tidal wetlands and a digitally generated, georeferenced 7
1645	1645	1,000–foot critical area boundary once it is officially transferred from the Department of 8
1646	1646	Natural Resources and the Commission and shall apply the updates notwithstanding any 9
1647	1647	local approval process; and 10
1648	1648
1649	1649	(5) each local jurisdiction shall ensure that, where applicable, each project 11
1650	1650	submittal uses the updated digitally generated, georeferenced critical area boundary. 12
1651	1651
1652	1652	SECTION 3. AND BE IT FURTHER ENACTED, That : 13
1653	1653
1654	1654	(a) The Department of Natural Resources shall notify the Department of 14
1655	1655	Legislative Services in writing on the date of official completion of the statewide base map 15
1656	1656	project, as required under Section 3 of Chapter 119 of the Acts of the General Assembly of 16
1657	1657	2008. 17
1658	1658
1659	1659	(b) Section 2 of this Act shall take effect 7 days after the Department of Natural 18
1660	1660	Resources provides notice of the official completion of the statewide base map project under 19
1661	1661	subsection (a) of this section. 20
1662	1662
1663	1663	SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 21
1664	1664	3 of this Act, this Act shall take effect October 1, 2024. 22