EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 339
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CF 4lr2050
By: Senator Carozza
Introduced and read first time: January 12, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Duck Nest Boxes – Wetlands License Requirements 2
FOR the purpose of exempting the installation and maintenance of certain duck nest boxes 3
from certain wetlands license requirements; establishing that a duck nest box is not 4
a nonwater–dependent project for the purpose of certain wetlands license 5
requirements; establishing that installing and maintaining duck nest boxes is a 6
lawful use of private wetlands; and generally relating to duck nest boxes. 7
BY repealing and reenacting, with amendments, 8
Article – Environment 9
Section 16–101, 16–202(h), and 16–304 10
Annotated Code of Maryland 11
(2014 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 16–104(b)(1) and (2) and 16–202(a) 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Environment 20
16–101. 21
(a) In this title the following words have the meanings indicated. 22
(b) “Board” means the Board of Public Works. 23
2 SENATE BILL 339
(c) “County” includes Baltimore City unless otherwise indicated. 1
(d) “Department” means the Department of the Environment. 2
(e) “Dredging” means the removal or displacement by any means of soil, sand, 3
gravel, shells, or other material, whether or not of intrinsic value, from any State or private 4
wetlands. 5
(f) “DUCK NEST BOX” MEANS A NESTING STRU CTURE LOCATED ON OR OVER 6
WATER THAT IS PROVID ED FOR THE PURPOSE O F SHELTERING DOMESTI CATED 7
DUCKS. 8
(G) (1) “Filling” means: 9
(i) The displacement of navigable water by the depositing into State 10
or private wetlands of soil, sand, gravel, shells, or other materials; or 11
(ii) The artificial alteration of navigable water levels by any physical 12
structure, drainage ditch, or otherwise. 13
(2) “Filling” includes storm drain projects which flow directly into tidal 14
waters of the State. 15
(3) “Filling” does not include: 16
(i) Drainage of agricultural land; 17
(ii) In–place replacement or repair of shore erosion control 18
structures using substantially similar materials and construction design; or 19
(iii) Planting of wetlands vegetation when no grading or fill in State 20
or private wetlands is necessary. 21
[(g)] (H) “Landward boundary of wetlands” means the common boundary 22
between wetlands, as defined in this section, and lands not included within the definitions 23
of wetlands appearing in this section. 24
[(h)] (I) “Licensed marine contractor” has the meaning stated in Title 17, 25
Subtitle 3 of this article. 26
[(i)] (J) (1) “Nonwater–dependent project” means a temporary or permanent 27
structure that, by reason of its intrinsic nature, use, or operation, does not require location 28
in, on, or over State or private wetlands. 29
(2) “Nonwater–dependent project” includes: 30
SENATE BILL 339 3
(i) A dwelling unit on a pier; 1
(ii) A restaurant, a shop, an office, or any other commercial building 2
or use on a pier; 3
(iii) A temporary or permanent roof or covering on a pier; 4
(iv) A pier used to support a nonwater–dependent use; and 5
(v) A small–scale renewable energy system on a pier, including: 6
1. A solar energy system and its photovoltaic cells, solar 7
panels, or other necessary equipment; 8
2. A geothermal energy system and its geothermal heat 9
exchanger or other necessary equipment; and 10
3. A wind energy system and its wind turbine, tower, base, 11
or other necessary equipment. 12
(3) “Nonwater–dependent project” does not include: 13
(i) A fuel pump or other fuel–dispensing equipment on a pier; 14
(ii) A sanitary sewage pump or other wastewater removal equipment 15
on a pier; 16
(iii) A pump, a pipe, or any other equipment attached to a pier and 17
associated with a shellfish nursery operation under a permit issued by the Department of 18
Natural Resources under § 4–11A–23 of the Natural Resources Article; [or] 19
(iv) An office on a pier for managing marina operations, including 20
monitoring vessel traffic, registering vessels, providing docking services, and housing 21
electrical or emergency equipment related to marina operations; OR 22
(V) A DUCK NEST BOX. 23
[(j)] (K) “Person” means any natural person, partnership, joint–stock company, 24
unincorporated association or society, the federal government, the State, any unit of the 25
State, a political subdivision, or other corporation of any type. 26
[(k)] (L) (1) “Pier” means any pier, wharf, dock, walkway, bulkhead, 27
breakwater, piles, or other similar structure. 28
(2) “Pier” does not include any structure on pilings or stilts that was 29
originally constructed beyond the landward boundaries of State or private wetlands. 30 4 SENATE BILL 339
[(l)] (M) (1) “Private wetlands” means any land not considered “State 1
wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic 2
tidal action and supports aquatic growth. 3
(2) “Private wetlands” includes wetlands, transferred by the State by a 4
valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of 5
Rights, to the extent of the interest transferred. 6
[(m)] (N) (1) “Public notice” means the public notice and public informational 7
hearing procedures established in § 5–204(b) through (e) of this article. 8
(2) “Public notice” does not mean notice as provided for in § 16–303 of this 9
title. 10
[(n)] (O) “Regular or periodic tidal action” means the rise and fall of the sea 11
produced by the attraction of the sun and moon uninfluenced by wind or any other 12
circumstance. 13
[(o)] (P) “Secretary” means the Secretary of the Environment. 14
[(p)] (Q) “State wetlands” means any land under the navigable waters of the 15
State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands 16
of this category which have been transferred by the State by valid grant, lease, patent, or 17
grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered 18
“private wetland” to the extent of the interest transferred. 19
16–104. 20
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and 21
notwithstanding any other provision of law, the Board of Public Works may not issue a 22
license to authorize a nonwater–dependent project located on State wetlands. 23
(2) The Board of Public Works may issue a license to authorize a 24
nonwater–dependent project located on State wetlands if the project: 25
(i) 1. Involves a commercial activity that is permitted as a 26
secondary or accessory use to a permitted primary commercial use; 27
2. Is not located on a pier that is attached to residentially, 28
institutionally, or industrially used property; 29
3. Avoids and minimizes impacts to State or private 30
wetlands and other aquatic resources; 31
4. Is located in: 32
SENATE BILL 339 5
A. An intensely developed area and the project is authorized 1
under a program amendment to a local jurisdiction’s critical area program approved on or 2
after July 1, 2013, if the approved program amendment includes necessary changes to the 3
local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or 4
more restrictive than the requirements provided under this paragraph; or 5
B. An area that has been excluded from a local critical area 6
program if the exclusion has been adopted or approved by the Critical Area Commission for 7
the Chesapeake and Atlantic Coastal Bays; 8
5. Is approved by the local planning and zoning authorities 9
after the local jurisdiction’s program amendment under item 4A of this item, if applicable, 10
has been approved; 11
6. Allows or enhances public access to State wetlands; 12
7. Does not expand beyond the length, width, or channelward 13
encroachment of the pier on which the project is constructed; 14
8. Has a height of up to 18 feet unless the project is located 15
at a marina and the Secretary recommends additional height; 16
9. Is up to 1,000 square feet in total area; 17
10. Is not located in, on, or over vegetated tidal wetlands, 18
submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 19
Bar, or an area with rare, threatened, or endangered species or species in need of 20
conservation; and 21
11. Does not adversely impact a fish spawning or nursery area 22
or an historic waterfowl staging area; or 23
(ii) 1. Is located on a pier that was in existence on or before 24
December 31, 2012; 25
2. Satisfies all of the requirements under item (i)1 through 8 26
of this paragraph; and 27
3. If applicable, has a temporary or permanent roof or 28
covering that is up to 1,000 square feet in total area. 29
16–202. 30
(a) A person may not dredge or fill on State wetlands without a license. 31
(h) The provisions of this section do not apply to any operation for: 32
6 SENATE BILL 339
(1) Dredging and filling being conducted as of July 1, 1970, as authorized 1
under the terms of an appropriate permit or license granted under the provisions of existing 2
State and federal law; 3
(2) Dredging of seafood products by any licensed operator, harvesting of 4
seaweed, or mosquito control and abatement as approved by the Department of Agriculture; 5
(3) Improvement of wildlife habitat or agricultural drainage ditches as 6
approved by an appropriate unit; 7
(4) Routine maintenance or repair of existing bulkheads, provided that 8
there is no addition or channelward encroachment; 9
(5) Aquaculture activities occurring under a lease issued by the 10
Department of Natural Resources under Title 4, Subtitle 11A of the Natural Resources 11
Article; [or] 12
(6) Installing a pump, a pipe, or any other equipment attached to a pier for 13
the cultivation of shellfish seed in a shellfish nursery under a permit issued by the 14
Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, 15
provided that the pump, pipe, or other equipment does not require increasing the length, 16
width, or channelward encroachment of the pier; OR 17
(7) INSTALLING OR MAINTAI NING DUCK NEST BOX ES. 18
16–304. 19
Notwithstanding any regulation adopted by the Secretary to protect private 20
wetlands, the following uses are lawful on private wetlands: 21
(1) Conservation of soil, vegetation, water, fish, shellfish, and wildlife; 22
(2) Trapping, hunting, fishing, and catching shellfish, if otherwise legally 23
permitted; 24
(3) Exercise of riparian rights to improve land bounding on navigable 25
water, to preserve access to the navigable water, or to protect the shore against erosion; 26
(4) Reclamation of fast land owned by a natural person and lost during the 27
person’s ownership of the land by erosion or avulsion to the extent of provable preexisting 28
boundaries. The right to reclaim lost fast land relates only to fast land lost after January 29
1, 1972. The burden of proof that the loss occurred after this date is on the owner of the 30
land; 31
(5) Routine maintenance and repair of existing bulkheads, provided that 32
there is no addition or channelward encroachment; [and] 33
SENATE BILL 339 7
(6) Installing a pump, a pipe, or any other equipment attached to a pier for 1
the cultivation of shellfish seed in a shellfish nursery under a permit issued by the 2
Department of Natural Resources under § 4–11A–23 of the Natural Resources Article, 3
provided that the pump, pipe, or other equipment does not require increasing the length, 4
width, or channelward encroachment of the pier; AND 5
(7) INSTALLING AND MAINTAINING DUCK NES T BOXES. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2024. 8