Maryland 2024 Regular Session

Maryland Senate Bill SB339 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	sb0339
6	6
7	7	SENATE BILL 339
8	8	M3, M4 4lr1968
9	9	CF 4lr2050
10	10	By: Senator Carozza
11	11	Introduced and read first time: January 12, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Environment – Duck Nest Boxes – Wetlands License Requirements 2
19	19
20	20	FOR the purpose of exempting the installation and maintenance of certain duck nest boxes 3
21	21	from certain wetlands license requirements; establishing that a duck nest box is not 4
22	22	a nonwater–dependent project for the purpose of certain wetlands license 5
23	23	requirements; establishing that installing and maintaining duck nest boxes is a 6
24	24	lawful use of private wetlands; and generally relating to duck nest boxes. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Environment 9
28	28	Section 16–101, 16–202(h), and 16–304 10
29	29	Annotated Code of Maryland 11
30	30	(2014 Replacement Volume and 2023 Supplement) 12
31	31
32	32	BY repealing and reenacting, without amendments, 13
33	33	Article – Environment 14
34	34	Section 16–104(b)(1) and (2) and 16–202(a) 15
35	35	Annotated Code of Maryland 16
36	36	(2014 Replacement Volume and 2023 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Environment 20
42	42
43	43	16–101. 21
44	44
45	45	(a) In this title the following words have the meanings indicated. 22
46	46
47	47	(b) “Board” means the Board of Public Works. 23
48	48	2 SENATE BILL 339
49	49
50	50
51	51	(c) “County” includes Baltimore City unless otherwise indicated. 1
52	52
53	53	(d) “Department” means the Department of the Environment. 2
54	54
55	55	(e) “Dredging” means the removal or displacement by any means of soil, sand, 3
56	56	gravel, shells, or other material, whether or not of intrinsic value, from any State or private 4
57	57	wetlands. 5
58	58
59	59	(f) “DUCK NEST BOX” MEANS A NESTING STRU CTURE LOCATED ON OR OVER 6
60	60	WATER THAT IS PROVID ED FOR THE PURPOSE O F SHELTERING DOMESTI CATED 7
61	61	DUCKS. 8
62	62
63	63	(G) (1) “Filling” means: 9
64	64
65	65	(i) The displacement of navigable water by the depositing into State 10
66	66	or private wetlands of soil, sand, gravel, shells, or other materials; or 11
67	67
68	68	(ii) The artificial alteration of navigable water levels by any physical 12
69	69	structure, drainage ditch, or otherwise. 13
70	70
71	71	(2) “Filling” includes storm drain projects which flow directly into tidal 14
72	72	waters of the State. 15
73	73
74	74	(3) “Filling” does not include: 16
75	75
76	76	(i) Drainage of agricultural land; 17
77	77
78	78	(ii) In–place replacement or repair of shore erosion control 18
79	79	structures using substantially similar materials and construction design; or 19
80	80
81	81	(iii) Planting of wetlands vegetation when no grading or fill in State 20
82	82	or private wetlands is necessary. 21
83	83
84	84	[(g)] (H) “Landward boundary of wetlands” means the common boundary 22
85	85	between wetlands, as defined in this section, and lands not included within the definitions 23
86	86	of wetlands appearing in this section. 24
87	87
88	88	[(h)] (I) “Licensed marine contractor” has the meaning stated in Title 17, 25
89	89	Subtitle 3 of this article. 26
90	90
91	91	[(i)] (J) (1) “Nonwater–dependent project” means a temporary or permanent 27
92	92	structure that, by reason of its intrinsic nature, use, or operation, does not require location 28
93	93	in, on, or over State or private wetlands. 29
94	94
95	95	(2) “Nonwater–dependent project” includes: 30
96	96	SENATE BILL 339 3
97	97
98	98
99	99	(i) A dwelling unit on a pier; 1
100	100
101	101	(ii) A restaurant, a shop, an office, or any other commercial building 2
102	102	or use on a pier; 3
103	103
104	104	(iii) A temporary or permanent roof or covering on a pier; 4
105	105
106	106	(iv) A pier used to support a nonwater–dependent use; and 5
107	107
108	108	(v) A small–scale renewable energy system on a pier, including: 6
109	109
110	110	1. A solar energy system and its photovoltaic cells, solar 7
111	111	panels, or other necessary equipment; 8
112	112
113	113	2. A geothermal energy system and its geothermal heat 9
114	114	exchanger or other necessary equipment; and 10
115	115
116	116	3. A wind energy system and its wind turbine, tower, base, 11
117	117	or other necessary equipment. 12
118	118
119	119	(3) “Nonwater–dependent project” does not include: 13
120	120
121	121	(i) A fuel pump or other fuel–dispensing equipment on a pier; 14
122	122
123	123	(ii) A sanitary sewage pump or other wastewater removal equipment 15
124	124	on a pier; 16
125	125
126	126	(iii) A pump, a pipe, or any other equipment attached to a pier and 17
127	127	associated with a shellfish nursery operation under a permit issued by the Department of 18
128	128	Natural Resources under § 4–11A–23 of the Natural Resources Article; [or] 19
129	129
130	130	(iv) An office on a pier for managing marina operations, including 20
131	131	monitoring vessel traffic, registering vessels, providing docking services, and housing 21
132	132	electrical or emergency equipment related to marina operations; OR 22
133	133
134	134	(V) A DUCK NEST BOX. 23
135	135
136	136	[(j)] (K) “Person” means any natural person, partnership, joint–stock company, 24
137	137	unincorporated association or society, the federal government, the State, any unit of the 25
138	138	State, a political subdivision, or other corporation of any type. 26
139	139
140	140	[(k)] (L) (1) “Pier” means any pier, wharf, dock, walkway, bulkhead, 27
141	141	breakwater, piles, or other similar structure. 28
142	142
143	143	(2) “Pier” does not include any structure on pilings or stilts that was 29
144	144	originally constructed beyond the landward boundaries of State or private wetlands. 30 4 SENATE BILL 339
145	145
146	146
147	147
148	148	[(l)] (M) (1) “Private wetlands” means any land not considered “State 1
149	149	wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic 2
150	150	tidal action and supports aquatic growth. 3
151	151
152	152	(2) “Private wetlands” includes wetlands, transferred by the State by a 4
153	153	valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of 5
154	154	Rights, to the extent of the interest transferred. 6
155	155
156	156	[(m)] (N) (1) “Public notice” means the public notice and public informational 7
157	157	hearing procedures established in § 5–204(b) through (e) of this article. 8
158	158
159	159	(2) “Public notice” does not mean notice as provided for in § 16–303 of this 9
160	160	title. 10
161	161
162	162	[(n)] (O) “Regular or periodic tidal action” means the rise and fall of the sea 11
163	163	produced by the attraction of the sun and moon uninfluenced by wind or any other 12
164	164	circumstance. 13
165	165
166	166	[(o)] (P) “Secretary” means the Secretary of the Environment. 14
167	167
168	168	[(p)] (Q) “State wetlands” means any land under the navigable waters of the 15
169	169	State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands 16
170	170	of this category which have been transferred by the State by valid grant, lease, patent, or 17
171	171	grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered 18
172	172	“private wetland” to the extent of the interest transferred. 19
173	173
174	174	16–104. 20
175	175
176	176	(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and 21
177	177	notwithstanding any other provision of law, the Board of Public Works may not issue a 22
178	178	license to authorize a nonwater–dependent project located on State wetlands. 23
179	179
180	180	(2) The Board of Public Works may issue a license to authorize a 24
181	181	nonwater–dependent project located on State wetlands if the project: 25
182	182
183	183	(i) 1. Involves a commercial activity that is permitted as a 26
184	184	secondary or accessory use to a permitted primary commercial use; 27
185	185
186	186	2. Is not located on a pier that is attached to residentially, 28
187	187	institutionally, or industrially used property; 29
188	188
189	189	3. Avoids and minimizes impacts to State or private 30
190	190	wetlands and other aquatic resources; 31
191	191
192	192	4. Is located in: 32
193	193	SENATE BILL 339 5
194	194
195	195
196	196	A. An intensely developed area and the project is authorized 1
197	197	under a program amendment to a local jurisdiction’s critical area program approved on or 2
198	198	after July 1, 2013, if the approved program amendment includes necessary changes to the 3
199	199	local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or 4
200	200	more restrictive than the requirements provided under this paragraph; or 5
201	201
202	202	B. An area that has been excluded from a local critical area 6
203	203	program if the exclusion has been adopted or approved by the Critical Area Commission for 7
204	204	the Chesapeake and Atlantic Coastal Bays; 8
205	205
206	206	5. Is approved by the local planning and zoning authorities 9
207	207	after the local jurisdiction’s program amendment under item 4A of this item, if applicable, 10
208	208	has been approved; 11
209	209
210	210	6. Allows or enhances public access to State wetlands; 12
211	211
212	212	7. Does not expand beyond the length, width, or channelward 13
213	213	encroachment of the pier on which the project is constructed; 14
214	214
215	215	8. Has a height of up to 18 feet unless the project is located 15
216	216	at a marina and the Secretary recommends additional height; 16
217	217
218	218	9. Is up to 1,000 square feet in total area; 17
219	219
220	220	10. Is not located in, on, or over vegetated tidal wetlands, 18
221	221	submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 19
222	222	Bar, or an area with rare, threatened, or endangered species or species in need of 20
223	223	conservation; and 21
224	224
225	225	11. Does not adversely impact a fish spawning or nursery area 22
226	226	or an historic waterfowl staging area; or 23
227	227
228	228	(ii) 1. Is located on a pier that was in existence on or before 24
229	229	December 31, 2012; 25
230	230
231	231	2. Satisfies all of the requirements under item (i)1 through 8 26
232	232	of this paragraph; and 27
233	233
234	234	3. If applicable, has a temporary or permanent roof or 28
235	235	covering that is up to 1,000 square feet in total area. 29
236	236
237	237	16–202. 30
238	238
239	239	(a) A person may not dredge or fill on State wetlands without a license. 31
240	240
241	241	(h) The provisions of this section do not apply to any operation for: 32
242	242	6 SENATE BILL 339
243	243
244	244
245	245	(1) Dredging and filling being conducted as of July 1, 1970, as authorized 1
246	246	under the terms of an appropriate permit or license granted under the provisions of existing 2
247	247	State and federal law; 3
248	248
249	249	(2) Dredging of seafood products by any licensed operator, harvesting of 4
250	250	seaweed, or mosquito control and abatement as approved by the Department of Agriculture; 5
251	251
252	252	(3) Improvement of wildlife habitat or agricultural drainage ditches as 6
253	253	approved by an appropriate unit; 7
254	254
255	255	(4) Routine maintenance or repair of existing bulkheads, provided that 8
256	256	there is no addition or channelward encroachment; 9
257	257
258	258	(5) Aquaculture activities occurring under a lease issued by the 10
259	259	Department of Natural Resources under Title 4, Subtitle 11A of the Natural Resources 11
260	260	Article; [or] 12
261	261
262	262	(6) Installing a pump, a pipe, or any other equipment attached to a pier for 13
263	263	the cultivation of shellfish seed in a shellfish nursery under a permit issued by the 14
264	264	Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, 15
265	265	provided that the pump, pipe, or other equipment does not require increasing the length, 16
266	266	width, or channelward encroachment of the pier; OR 17
267	267
268	268	(7) INSTALLING OR MAINTAI NING DUCK NEST BOX ES. 18
269	269
270	270	16–304. 19
271	271
272	272	Notwithstanding any regulation adopted by the Secretary to protect private 20
273	273	wetlands, the following uses are lawful on private wetlands: 21
274	274
275	275	(1) Conservation of soil, vegetation, water, fish, shellfish, and wildlife; 22
276	276
277	277	(2) Trapping, hunting, fishing, and catching shellfish, if otherwise legally 23
278	278	permitted; 24
279	279
280	280	(3) Exercise of riparian rights to improve land bounding on navigable 25
281	281	water, to preserve access to the navigable water, or to protect the shore against erosion; 26
282	282
283	283	(4) Reclamation of fast land owned by a natural person and lost during the 27
284	284	person’s ownership of the land by erosion or avulsion to the extent of provable preexisting 28
285	285	boundaries. The right to reclaim lost fast land relates only to fast land lost after January 29
286	286	1, 1972. The burden of proof that the loss occurred after this date is on the owner of the 30
287	287	land; 31
288	288
289	289	(5) Routine maintenance and repair of existing bulkheads, provided that 32
290	290	there is no addition or channelward encroachment; [and] 33
291	291	SENATE BILL 339 7
292	292
293	293
294	294	(6) Installing a pump, a pipe, or any other equipment attached to a pier for 1
295	295	the cultivation of shellfish seed in a shellfish nursery under a permit issued by the 2
296	296	Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, 3
297	297	provided that the pump, pipe, or other equipment does not require increasing the length, 4
298	298	width, or channelward encroachment of the pier; AND 5
299	299
300	300	(7) INSTALLING AND MAINTAINING DUCK NES T BOXES. 6
301	301
302	302	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
303	303	October 1, 2024. 8