EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0546*
SENATE BILL 546
M3 4lr2213
CF HB 655
By: Senators Elfreth, Beidle, Benson, Gile, Jackson, Lam, and Rosapepe
Introduced and read first time: January 25, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – State Wetlands – Shoreline Stabilization Measures 2
FOR the purpose of prohibiting the Department of the Environment from exempting a 3
person from the requirement to use certain shoreline stabilization measures for 4
certain erosion protection projects solely on a certain basis; altering the authorized 5
uses of the Tidal Wetlands Compensation Fund to include grant funding for the 6
replacement of structural shoreline stabilization measures with nonstructural 7
shoreline stabilization measures; and generally relating to State wetlands and 8
shoreline stabilization measures. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 16–201 and 16–205(f) 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
16–201. 18
(a) (1) A person who is the owner of land bounding on navigable water is 19
entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or 20
avulsion during the person’s ownership of the land to the extent of provable existing 21
boundaries. 22
2 SENATE BILL 546
(2) The person may make improvements into the water in front of the land 1
to preserve that person’s access to the navigable water or, subject to subsection (c) OF THIS 2
SECTION, protect the shore of that person against erosion. 3
(3) After an improvement has been constructed IN ACCORDANCE WITH 4
PARAGRAPH (2) OF THIS SUBSECTION , the improvement is the property of the owner of 5
the land to which the improvement is attached. 6
(4) (I) A right covered in this subtitle does not preclude the owner from 7
developing any other use approved by the Board. 8
(II) The right to reclaim lost fast land relates only to fast land lost 9
after January 1, 1972, and the burden of proof that the loss occurred after this date is on 10
the owner of the land. 11
(b) The rights of any person, as defined in this subtitle, which existed prior to July 12
1, 1973 in relation to natural accretion of land are deemed to have continued to be in 13
existence subsequent to July 1, 1973 to July 1, 1978. 14
(c) (1) Improvements to protect a person’s property against erosion shall 15
consist of nonstructural shoreline stabilization measures that preserve the natural 16
environment, such as marsh creation, except: 17
(i) In areas designated by Department mapping as appropriate for 18
structural shoreline stabilization measures; and 19
(ii) In areas where the person can demonstrate to the Department’s 20
satisfaction that such measures are not feasible, including areas of excessive erosion, areas 21
subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline 22
stabilization measures. 23
(2) (i) Subject to subparagraph (ii) of this paragraph, in consultation 24
with the Department of Natural Resources, the Department shall adopt regulations to 25
implement the provisions of this subsection. 26
(ii) 1. [Regulations] SUBJECT TO SUBSUBPARA GRAPH 2 OF 27
THIS SUBPARAGRAPH , THE REGULATION S adopted by the Department under 28
subparagraph (i) of this paragraph shall include a waiver process that exempts a person 29
from the requirements of paragraph (1) of this subsection on a demonstration to the 30
Department’s satisfaction that nonstructural shoreline stabilization measures are not 31
feasible for the person’s property. 32
2. THE DEPARTMENT MAY NOT EXEMPT A PERSON FROM 33
THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION SOLELY ON THE BASIS 34
OF REPLACING A STRUC TURAL SHORELINE STAB ILIZATION MEASURE WI TH THE 35
SAME OR SIMILAR TYPE OF STRUCTURAL SHOREL INE STABILIZATION ME ASURE. 36 SENATE BILL 546 3
16–205. 1
(f) Funds in the Tidal Wetlands Compensation Fund may be appropriated only 2
for the creation, restoration, or enhancement of tidal wetlands, including: 3
(1) Acquisition of land or easements; 4
(2) Maintenance of mitigation sites; 5
(3) Purchase of credits in mitigation banks; 6
(4) Management of invasive or nuisance species identified by the 7
Department; 8
(5) Cost sharing assistance to landowners in the management and control 9
of phragmites under Title 8, Subtitle 21 of the Natural Resources Article; [and] 10
(6) Contractual services necessary to accomplish the intent of this 11
subsection; AND 12
(7) GRANT FUNDING FOR THE REPLA CEMENT OF STRUCTURAL 13
SHORELINE STABILIZAT ION MEASURES WITH NO NSTRUCTURAL SHORELIN E 14
STABILIZATION MEASUR ES. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17