Maryland 2024 Regular Session

Maryland Senate Bill SB546 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	sb0546
6	6
7	7	SENATE BILL 546
8	8	M3 4lr2213
9	9	CF HB 655
10	10	By: Senators Elfreth, Beidle, Benson, Gile, Jackson, Lam, and Rosapepe
11	11	Introduced and read first time: January 25, 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 – State Wetlands – Shoreline Stabilization Measures 2
19	19
20	20	FOR the purpose of prohibiting the Department of the Environment from exempting a 3
21	21	person from the requirement to use certain shoreline stabilization measures for 4
22	22	certain erosion protection projects solely on a certain basis; altering the authorized 5
23	23	uses of the Tidal Wetlands Compensation Fund to include grant funding for the 6
24	24	replacement of structural shoreline stabilization measures with nonstructural 7
25	25	shoreline stabilization measures; and generally relating to State wetlands and 8
26	26	shoreline stabilization measures. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Environment 11
30	30	Section 16–201 and 16–205(f) 12
31	31	Annotated Code of Maryland 13
32	32	(2014 Replacement Volume and 2023 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Environment 17
38	38
39	39	16–201. 18
40	40
41	41	(a) (1) A person who is the owner of land bounding on navigable water is 19
42	42	entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or 20
43	43	avulsion during the person’s ownership of the land to the extent of provable existing 21
44	44	boundaries. 22
45	45	2 SENATE BILL 546
46	46
47	47
48	48	(2) The person may make improvements into the water in front of the land 1
49	49	to preserve that person’s access to the navigable water or, subject to subsection (c) OF THIS 2
50	50	SECTION, protect the shore of that person against erosion. 3
51	51
52	52	(3) After an improvement has been constructed IN ACCORDANCE WITH 4
53	53	PARAGRAPH (2) OF THIS SUBSECTION , the improvement is the property of the owner of 5
54	54	the land to which the improvement is attached. 6
55	55
56	56	(4) (I) A right covered in this subtitle does not preclude the owner from 7
57	57	developing any other use approved by the Board. 8
58	58
59	59	(II) The right to reclaim lost fast land relates only to fast land lost 9
60	60	after January 1, 1972, and the burden of proof that the loss occurred after this date is on 10
61	61	the owner of the land. 11
62	62
63	63	(b) The rights of any person, as defined in this subtitle, which existed prior to July 12
64	64	1, 1973 in relation to natural accretion of land are deemed to have continued to be in 13
65	65	existence subsequent to July 1, 1973 to July 1, 1978. 14
66	66
67	67	(c) (1) Improvements to protect a person’s property against erosion shall 15
68	68	consist of nonstructural shoreline stabilization measures that preserve the natural 16
69	69	environment, such as marsh creation, except: 17
70	70
71	71	(i) In areas designated by Department mapping as appropriate for 18
72	72	structural shoreline stabilization measures; and 19
73	73
74	74	(ii) In areas where the person can demonstrate to the Department’s 20
75	75	satisfaction that such measures are not feasible, including areas of excessive erosion, areas 21
76	76	subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline 22
77	77	stabilization measures. 23
78	78
79	79	(2) (i) Subject to subparagraph (ii) of this paragraph, in consultation 24
80	80	with the Department of Natural Resources, the Department shall adopt regulations to 25
81	81	implement the provisions of this subsection. 26
82	82
83	83	(ii) 1. [Regulations] SUBJECT TO SUBSUBPARA GRAPH 2 OF 27
84	84	THIS SUBPARAGRAPH , THE REGULATION S adopted by the Department under 28
85	85	subparagraph (i) of this paragraph shall include a waiver process that exempts a person 29
86	86	from the requirements of paragraph (1) of this subsection on a demonstration to the 30
87	87	Department’s satisfaction that nonstructural shoreline stabilization measures are not 31
88	88	feasible for the person’s property. 32
89	89
90	90	2. THE DEPARTMENT MAY NOT EXEMPT A PERSON FROM 33
91	91	THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION SOLELY ON THE BASIS 34
92	92	OF REPLACING A STRUC TURAL SHORELINE STAB ILIZATION MEASURE WI TH THE 35
93	93	SAME OR SIMILAR TYPE OF STRUCTURAL SHOREL INE STABILIZATION ME ASURE. 36 SENATE BILL 546 3
94	94
95	95
96	96
97	97	16–205. 1
98	98
99	99	(f) Funds in the Tidal Wetlands Compensation Fund may be appropriated only 2
100	100	for the creation, restoration, or enhancement of tidal wetlands, including: 3
101	101
102	102	(1) Acquisition of land or easements; 4
103	103
104	104	(2) Maintenance of mitigation sites; 5
105	105
106	106	(3) Purchase of credits in mitigation banks; 6
107	107
108	108	(4) Management of invasive or nuisance species identified by the 7
109	109	Department; 8
110	110
111	111	(5) Cost sharing assistance to landowners in the management and control 9
112	112	of phragmites under Title 8, Subtitle 21 of the Natural Resources Article; [and] 10
113	113
114	114	(6) Contractual services necessary to accomplish the intent of this 11
115	115	subsection; AND 12
116	116
117	117	(7) GRANT FUNDING FOR THE REPLA CEMENT OF STRUCTURAL 13
118	118	SHORELINE STABILIZAT ION MEASURES WITH NO NSTRUCTURAL SHORELIN E 14
119	119	STABILIZATION MEASUR ES. 15
120	120
121	121	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
122	122	October 1, 2024. 17