WES MOORE, Governor Ch. 559
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Chapter 559
(Senate Bill 969)
AN ACT concerning
Stream and Watershed, Stream, and Floodplain Restoration – Stream
Restoration Contractor Licensing and Projects and Chesapeake and Atlantic
Coastal Bays Restoration and Stream and Floodplain Restoration Funding
(Whole Watershed Act)
FOR the purpose of establishing the Stream Restoration Contractors Licensing Board;
requiring a person to be licensed as a stream restoration contractor or be employed
by an individual or entity that is licensed as a stream restoration contractor before
the person performs or solicits to perform stream restoration contractor services in
the State, subject to a certain exception; requiring the Department of the
Environment to provide notice of a certain violation to a stream restoration
contractor; requiring a project applicant seeking authorization for a certain project
to provide certain notice and hold certain public meetings except under certain
circumstances; requiring a project applicant to submit certain documentation to the
Department; authorizing the Department to authorize certain projects in accordance
with certain requirements; requiring the Department to assess certain
documentation and actions by a project applicant prior to authorizing certain
projects; prohibiting the Department from reducing certain monitoring requirements
for certain projects; requiring that up to a certain amount of funding from the
Chesapeake and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain
grants; establishing the Whole Watershed Restoration Partnership to accelerate
restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds;
requiring the Secretary of Natural Resources to establish a State management team
to administer the Partnership; establishing the Whole Watershed Fund as a special,
nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund;
altering the use and purpose of certain funds and accounts to include accelerating
the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their
watershed and providing funding for the Fund; authorizing the use of the Waterway
Improvement Fund for projects that involve the beneficial use of dredged material
and for certain water quality monitoring; requiring a project applicant seeking
authorization for a certain project to provide certain notice and hold certain public
meetings except under certain circumstances; requiring a project applicant to submit
certain documentation to the Department of the Environment; authorizing the
Department to authorize certain projects in accordance with certain requirements;
requiring the Department to assess certain documentation and actions by a project
applicant prior to authorizing certain projects; prohibiting the Department from
reducing certain monitoring requirements for certain projects; requiring all persons
performing or soliciting to perform stream restoration contractor services in the
State to register with the Department and pay a registration fee on or before a
certain date; requiring the Department to select certain registrants as the initial
three licensed stream restoration contractor members of the Stream Restoration Ch. 559 2024 LAWS OF MARYLAND
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Contractors Licensing Board; and generally relating to stream and watershed,
stream, and floodplain restoration in the State.
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a)
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 8–301
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 1–406
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–1605.2(a)(1) and (2) and 9–1605.4(b)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–1605.2(a)(2) and (i)(2)(xiii) 9–1605.2(i)(2)(xiii) 9–1605.2(a)(2) and
(i)(2)(xiii) and (xiv) and 9–1605.4(c) and (f)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY adding to
Article – Environment
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–103 to be under the new title “Title
18. Stream and Floodplain Restoration Projects”
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY adding to
Article – Environment
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 18–601 to be under the new
title “Title 18. Stream Restoration Contractors”
Annotated Code of Maryland WES MOORE, Governor Ch. 559
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(2014 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 8–2A–02(a) and (b) and 8–701(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle
“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and
8–701(a–1)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–707(a) and 8–708(b)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)189. and 190.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)191.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Government
Section 8–402
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
Ch. 559 2024 LAWS OF MARYLAND
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BY adding to
Article – State Government
Section 8–403(62)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 8–403(62) through (64)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
2–505.
(a) The Maryland Agricultural Land Preservation Fund is created and continued
for [the]:
(1) THE purposes specified in this subtitle; AND
(2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
(c) (1) The Comptroller of the Treasury may not disburse any money from the
Maryland Agricultural Land Preservation Fund other than:
(i) For costs associated with the staffing and administration of the
Maryland Agricultural Land Preservation Foundation;
(ii) For reasonable expenses incurred by the members of the board
of trustees of the Maryland Agricultural Land Preservation Foundation in the performance
of official duties;
(iii) For consideration in the purchase of agricultural land
preservation easements beginning with fiscal year 1979 and each fiscal year thereafter,
INCLUDING TARGETED A CQUISITIONS OF EASEM ENTS OBTAINED IN CON JUNCTION
WITH ACTIONS AND PRO JECTS UNDER TITLE 8, SUBTITLE 2B OF THE NATURAL
RESOURCES ARTICLE;
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(iv) For costs associated with acquisition of agricultural land
preservation easements approved by the Foundation through the Critical Farms Program,
as provided in § 2–517 of this subtitle; [and]
(v) For the reimbursement of money paid by a landowner for a
preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with
paragraph (5) of this subsection; AND
(VI) TO CONSISTENT IN A MANNER CONSISTEN T WITH THE
PURPOSES SPECIFIED I N ITEMS (I) THROUGH (V) OF THIS PARAGRAPH , TO PROVIDE
FUNDING FOR THE WHOLE WATERSHED FUND ESTABLISHED UNDER § 8–2B–03 OF
THE NATURAL RESOURCES ARTICLE, INCLUDING FOR PROJEC TS THAT OCCUR ON
LAND SUBJECT TO AN A GRICULTURAL LAND PRE SERVATION EASEMENT .
8–702.
(a) (1) The General Assembly finds and declares that agriculturally related
nonpoint sources of water pollution may potentially contribute to the degradation of the
water resources of this State and that prevention and control efforts have been hampered
because of the cost and lack of income producing potential in many agricultural practices
designed to protect water quality.
(2) To assist in the implementation of agricultural practices which
minimize water pollution from erosion, animal wastes, nutrients, and agricultural
chemicals AND TO ADDRESS THE W ATER POLLUTION IMPAC TS OF AGRICULTURE , a
cost sharing program between the State and eligible applicants is established for the public
benefit.
8–704.
(a) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
State cost–sharing funds for a project being considered for State cost–sharing may be made
available:
[(1)] (I) For up to 100% of eligible costs, not to exceed a dollar amount of
up to $200,000 as determined by a regulation adopted jointly by the Secretary of
Agriculture and the Secretary of the Environment; and
[(2)] (II) If:
[(i)] 1. The Department of Agriculture, the soil conservation
district, and a person have executed an agreement which, among other things, obligates
the person to:
Ch. 559 2024 LAWS OF MARYLAND
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[1.] A. Establish, construct, or install the best
management practice or fixed natural filter practice in accordance with technical
specifications;
[2.] B. Maintain the best management practice or fixed
natural filter practice for its expected life span; and
[3.] C. Provide the required matching funds, if any, for the
project;
[(ii)] 2. The Board of Public Works has given approval to the
project when the proceeds of State bonds are to be used to finance the State share; and
[(iii)] 3. The soil conservation district has certified to the
Department that the project meets all applicable technical standards, and that all
submitted invoices properly represent eligible costs.
(2) CONSISTENT WITH THE R EQUIREMENTS OF THIS SECTION, STATE
COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FUND TH E WHOLE WATERSHED
FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
(3) A reduction in State cost–sharing rates for riparian forest buffers,
riparian herbaceous cover, wetland restoration, or pasture management may not be based
on tons of soil saved or an amortization formula.
(4) State cost–sharing rates for pasture management shall be based on the
applicable rate established by the U.S. Department of Agriculture’s Environmental Quality
Incentives Program.
(5) State cost–sharing rates paid for the planting of multiple species of
cover crops shall equal or exceed the rates paid for the planting of a single species of cover
crop.
(6) (i) 1. Except as authorized under subsubparagraph 2 of this
subparagraph and before the Department of Agriculture executes a cost –sharing
agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and
conditions of the agreement.
2. The Department may execute the agreement without the
consent of the landlord if:
A. The agreement concerns a short –term project that
involves only the planting of a cover crop; and
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B. The Department has sent by first–class mail written
notice of a cover crop project to the landlord at least 10 calendar days before executing the
agreement for the first cover crop project during the term of the lease.
(ii) The Department may also require the granting to the State of an
appropriate security interest in any equipment, structures or similar items purchased with
State money.
(7) A cost–sharing agreement executed as required under this subtitle may
be assigned and transferred to a successor in title of all or part of a tract of land subject to
a best management practice.
Article – Business Regulation
8–301.
(a) Except as otherwise provided in this title, a person must have a contractor
license whenever the person acts as a contractor in the State.
(b) Except as otherwise provided in this title, a person must have a salesperson
license or contractor license whenever the person sells a home improvement in the State.
(c) This section does not apply to:
(1) an individual who works for a contractor for a salary or wages but who
is not a salesperson for the contractor;
(2) a clerical employee, retail clerk, or other employee of a licensed
contractor who is not a salesperson, as to a transaction on the premises of the licensed
contractor;
(3) a solicitor for a contractor who calls an owner by telephone only;
(4) an architect, electrician, plumber, heating, ventilation,
air–conditioning, or refrigeration contractor, or other person who:
(i) is required by State or local law to meet standards of competency
or experience before engaging in an occupation or profession;
(ii) currently is licensed in that occupation or profession under State
or local law; and
(iii) is:
1. acting only within the scope of that occupation or
profession; or Ch. 559 2024 LAWS OF MARYLAND
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2. installing a central heating or air–conditioning system;
(5) a security systems technician licensed under Title 18 of the Business
Occupations and Professions Article;
(6) a marine contractor licensed under Title 17, Subtitle 3 of the
Environment Article; [or]
(7) A STREAM RESTORATION CONTRACTOR LICENSED UNDER TITLE
18, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE; OR
[(7)] (8) a person who is selling a home improvement to be performed by
a person described in item (4) of this subsection.
Article – Environment
1–406.
The following units, among other units, are included in the Department:
(1) Air Quality Control Advisory Council;
(2) Hazardous Substances Advisory Council;
(3) Radiation Control Advisory Board;
(4) Science and Health Advisory Group;
(5) Board of Waterworks and Waste System Operators;
(6) Board of Well Drillers;
(7) Hazardous Waste Facilities Siting Board;
(8) Marine Contractors Licensing Board; [and]
(9) Board of On–Site Wastewater Professionals; AND
(10) STREAM RESTORATION CONTRACTORS LICENSING BOARD.
9–1605.2.
(a) (1) There is a Bay Restoration Fund.
WES MOORE, Governor Ch. 559
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(2) It is the intent of the General Assembly that the Bay Restoration Fund
be:
(i) Used, in part, to provide the funding necessary to upgrade any of
the wastewater treatment facilities that are located in the State or used by citizens of the
State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and]
(ii) Available for treatment facilities discharging into the Atlantic
Coastal Bays or other waters of the State, but that priority be given to treatment facilities
discharging into the Chesapeake Bay; AND
(III) USED TO ACCELERATE TH E RESTORATION OF T HE
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS; AND
(III) USED TO ACCELERATE TH E RESTORATION OF THE
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
(i) (2) Funds in the Bay Restoration Fund shall be used only:
(xiii) After funding any eligible costs identified under item (iv)1 and 2
of this paragraph, for transfers to the Clean Water Commerce Account in accordance with
paragraph (3) of this subsection; [and]
(xiv) After funding any eligible costs identified under item (iv)1 and 2
of this paragraph, for the transfers required under paragraph (11) of this subsection; AND
(XV) TO AFTER FUNDING ANY ELI GIBLE COSTS IDENTIFI ED
UNDER ITEM (IV)1 AND 2 OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED
FUND ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
9–1605.4.
(b) There is a Clean Water Commerce Account.
(c) The purpose of the Account is to [purchase]:
(1) PURCHASE environmental outcomes in support of the State’s efforts to
achieve the Chesapeake Bay TMDL; AND
(2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND
ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
(f) (1) Subject to the provisions of this subsection, the Account may be used
only for the purchase of cost–effective environmental outcomes that:
Ch. 559 2024 LAWS OF MARYLAND
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(i) Support the State’s efforts to achieve the Chesapeake Bay
TMDL; and
(ii) Have an expected life of at least 10 years.
(2) Except as provided in paragraph (3) of this subsection, in each fiscal
year:
(i) At least 35% shall be used to procure environmental outcomes
from agricultural practices, with priority given to projects that are:
1. A fixed natural filter practice, as defined in § 8–701 of the
Agriculture Article; or
2. An agricultural ditch management practice, as defined by
the Chesapeake Bay Program;
(ii) At least 20% shall be used to procure environmental outcomes
from projects, including stormwater management and green infrastructure projects,
established in communities disproportionately burdened by environmental harms and risks
as identified by the Department in consultation with the Commission on Environmental
Justice and Sustainable Communities; and
(iii) At least 10% shall be used to procure environmental outcomes
from nonagricultural landscape restoration projects that take into consideration the
project’s ecological suitability, including the hydrological conditions and other physical
characteristics of the location at which the project will be implemented.
(3) Any unencumbered funds not used to purchase environmental
outcomes as specified under paragraph (2) of this subsection are:
(i) No longer subject to the allocation requirements specified under
paragraph (2) of this subsection; and
(ii) Available for use consistent with this section in subsequent fiscal
years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R §
8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
(4) A project may include environmental outcomes from one or more of the
project types specified under paragraph (2) of this subsection.
TITLE 18. STREAM RESTORATION CONTRACTORS .
SUBTITLE 1. DEFINITIONS.
18–101. WES MOORE, Governor Ch. 559
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(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
INDICATED.
(B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS
LICENSING BOARD.
(C) “ENTITY” MEANS A BUSINESS WIT H ITS PRINCIPAL OFFI CE IN THE
STATE THAT EMPLOYS MO RE THAN ONE INDIVIDU AL TO PROVIDE STREAM
RESTORATION CONTRACT OR SERVICES IN THE STATE.
(D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO
AN INDIVIDUAL OR ENT ITY TO PERFORM STREA M RESTORATION CONTRA CTOR
SERVICES IN THE STATE.
(E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN
INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO
PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES.
(F) (1) “STREAM RESTORATION CO NTRACTOR SERVICES ” MEANS
CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, OR REPAIR, OR
SALVAGE ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR
NONTIDAL WETLANDS WATERWAYS , INCLUDING THE 100–YEAR FLOODPLAIN , WITH
THE GOAL OF IMPROVIN G THE IN–STREAM STABILITY , HYDROLOGY , HYDRAULICS,
MORPHOLOGY , SUBSTRATE WATER QUAL ITY, OR ECOSYSTEM FUNCTIO N.
(2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES:
(I) IN–STREAM STRUCTURE INS TALLATION;
(II) STREAM CHANNEL RELOCA TION;
(III) STREAM BANK STABILIZA TION;
(IV) INFRASTRUCTURE PROTEC TION;
(V) HABITAT CREATION ECOLOGICAL RESTORATIO N,
INCLUDING THE INSTAL LATION OF STRUCTURES TO CREATE OR ENHANCE HABITAT ;
(VI) FLOOR FLOOD PROTECTION ; AND
(VII) (V) STREAM CHANNEL FILLIN G.
SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. Ch. 559 2024 LAWS OF MARYLAND
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18–201.
(A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD
IN THE DEPARTMENT .
(B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS
RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND
ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE
STATE.
18–202.
(A) (1) THE BOARD CONSISTS OF SEV EN NINE MEMBERS APPOINTED BY
THE GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND
CONSENT OF THE SENATE.
(2) OF THE SEVEN NINE MEMBERS:
(I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ;
(II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF
NATURAL RESOURCES;
(III) THREE SHALL BE LICENS ED STREAM RESTORATIO N
CONTRACTORS , EACH REPRESENTING A DIFFERENT COUNTY IN THE STATE AS
FOLLOWS:
1. ONE FROM:
A. BALTIMORE CITY;
B. ANNE ARUNDEL COUNTY;
C. BALTIMORE COUNTY;
D. CALVERT COUNTY;
E. CHARLES COUNTY;
F. HARFORD COUNTY;
G. PRINCE GEORGE’S COUNTY; OR
WES MOORE, Governor Ch. 559
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H. ST. MARY’S COUNTY;
2. ONE FROM:
A. ALLEGANY COUNTY;
B. CARROLL COUNTY;
C. FREDERICK COUNTY;
D. GARRETT COUNTY;
E. HOWARD COUNTY;
F. MONTGOMERY COUNTY; OR
G. WASHINGTON COUNTY; AND
3. ONE FROM:
A. CAROLINE COUNTY;
B. CECIL COUNTY;
C. DORCHESTER COUNTY;
D. KENT COUNTY;
E. QUEEN ANNE’S COUNTY;
F. SOMERSET COUNTY;
G. TALBOT COUNTY;
H. WICOMICO COUNTY; OR
I. WORCESTER COUNTY; AND
(IV) TWO SHALL BE PRIVATE CITIZENS, APPOINTED AT LARGE ,
WHO REPRESENT DIVERS E INTERESTS AND DIFFERENT COUNTI ES IN THE STATE AS
FOLLOWS:
1. ONE FROM:
Ch. 559 2024 LAWS OF MARYLAND
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A. BALTIMORE CITY;
B. ALLEGANY COUNTY;
C. ANNE ARUNDEL COUNTY;
D. CARROLL COUNTY;
E. BALTIMORE COUNTY;
F. FREDERICK COUNTY;
G. GARRETT COUNTY;
H. HARFORD COUNTY;
I. HOWARD COUNTY;
J. MONTGOMERY COUNTY;
K. PRINCE GEORGE’S COUNTY; OR
L. WASHINGTON COUNTY; AND
2. ONE FROM:
A. CALVERT COUNTY;
B. CAROLINE COUNTY;
C. CECIL COUNTY;
D. CHARLES COUNTY;
E. DORCHESTER COUNTY;
F. KENT COUNTY;
G. QUEEN ANNE’S COUNTY;
H. SOMERSET COUNTY;
I. ST. MARY’S COUNTY;
WES MOORE, Governor Ch. 559
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J. TALBOT COUNTY;
K. WICOMICO COUNTY; OR
L. WORCESTER COUNTY.; AND
(V) TWO SHALL REPRESENT L OCAL GOVERNMENT .
(B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
(C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS.
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST O F THE TERM AND UNTIL A SUCCESSOR IS APPOI NTED AND
QUALIFIES.
(D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR
INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE.
18–203.
(A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND
SECRETARY FROM AMONG ITS MEMBERS.
(B) THE BOARD SHALL DETERMINE THE MANNER OF THE EL ECTION OF
OFFICERS.
18–204.
(A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND
PLACES THAT THE BOARD DETERMINES .
(B) EACH MEMBER OF THE BOARD IS ENTITLED TO REI MBURSEMENT FOR
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN
THE STATE BUDGET .
(C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE
BUDGET.
18–205. Ch. 559 2024 LAWS OF MARYLAND
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(A) THE BOARD MAY:
(1) AS NECESSARY, OBTAIN ASSISTANCE FROM THE DEPARTMENT TO
CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND
(2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATI ON REGARDING
ANY APPLICANT FOR A LICENSE.
(B) THE BOARD SHALL:
(1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY
THAT:
(I) ESTABLISH LICENSING S TANDARDS FOR STREAM
RESTORATION CONTRACT ORS; AND
(II) CARRY OUT THE PROVISI ONS OF THIS TITLE;
(2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER
THIS TITLE; AND
(3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS AND ENTI TIES
LICENSED UNDER THIS TITLE, INCLUDING:
(I) THE NAMES OF INDIVIDU ALS AND ENTITIES THA T ARE
LICENSED;
(II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES;
AND
(III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS
APPROPRIATE.
18–206.
(A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE
AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES .
(2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO
PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD.
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(B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE
INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS
ARTICLE FOR THE ADMI NISTRATION OF THE BOARD.
SUBTITLE 3. LICENSING.
18–301.
(A) EXCEPT AS PROVIDE D IN THIS SECTION AN D § 18–306 OF THIS
SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM
RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENT ITY THAT
IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY:
(1) PERFORM STREAM RESTORATION C ONTRACTOR SERVICES I N THE
STATE; OR
(2) SOLICIT TO PERFORM ST REAM RESTORATION CON TRACTOR
SERVICES IN THE STATE.
(B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE.
(C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL
GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM
RESTORATION CONTRACT OR SERVICES WHILE IN THE PERFORMANCE OF T HE
DUTIES OF THEIR EMPL OYMENT WITHOUT HAVIN G TO OBTAIN A LICENS E FROM THE
BOARD UNDER THIS TITL E.
(D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY P ERFORM
STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER ’S OWN
PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS
TITLE.
18–302.
(A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE
REQUIREMENTS OF THIS SECTION AND ANY REGULATIONS ADOPTED UNDER THIS
SECTION.
(B) IF THE APPLICANT IS A N ENTITY, THE ENTITY SHALL APP OINT A
MEMBER OF THE ENTITY AS THE REPRESENTATIV E MEMBER TO MAKE THE
APPLICATION ON BEHAL F OF THE ENTITY.
(C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE
REPRESENTATIVE MEMBE R SHALL: Ch. 559 2024 LAWS OF MARYLAND
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(1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME
STREAM RESTORATION C ONTRACTOR OR DEMONST RATE SIMILAR CONTRAC TOR
EXPERIENCE;
(2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST
RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE
BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION;
(3) BE REGISTERED AND IN GOOD STANDING WITH T HE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION;
(4) IF APPLICABLE , HAVE RESOLVED ALL NOTICES OF VIOLA TION
FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, THE U.S.
ARMY CORPS OF ENGINEERS, AND THE U.S. ENVIRONMENTAL PROTECTION
AGENCY;
(5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND
(6) CARRY:
(I) COMMERCIAL GENERAL LIABILITY INSURANCE WITH A
$1,000,000 TOTAL AGGREGATE MINI MUM; AND
(II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT
BY LAW.
18–303.
(A) (1) TO APPLY FOR A LICENS E, AN APPLICANT SHALL :
(I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM
THAT THE BOARD PROVIDES ;
(II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION;
AND
(III) PAY TO THE BOARD AN A REQUIRED APPLICATION FEE OF
$500 IN AN AMOUNT SET BY THE BOARD.
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER
SHALL COMPLETE THE APPLICA TION FORM AND OTHERW ISE BE RESPONSIBLE F OR
THE ENTITY’S COMPLIANCE WITH TH IS SECTION.
WES MOORE, Governor Ch. 559
– 19 –
(B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM
PROVIDED BY THE BOARD SHALL REQUIRE :
(I) THE NAME OF THE APPLI CANT;
(II) THE ADDRESS OF THE APPLI CANT; AND
(III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E
APPLICANT RELEVANT T O THE FIELD OF STREA M RESTORATION CONTRA CTING.
(2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM
PROVIDED BY THE BOARD SHALL REQUIRE :
(I) A LIST OF THE ENTITY ’S OWNERS; AND
(II) FOR EACH ENTITY OWNER , THE SAME INFORMATION
REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS
SUBSECTION.
(3) FOR ALL APPLICANTS , THE APPLICATION FORM SHALL REQUIRE :
(I) THE ADDRESS OF THE APPLICANT ’S PROPOSED PRINCIPAL
PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ;
(II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT
INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR
SERVICES; AND
(III) AS THE BOARD CONSIDERS APPROPRIATE , ANY OTHER
INFORMATION TO ASSIS T IN THE EVALUATION OF:
1. AN INDIVIDUAL APPLICA NT; OR
2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY
MEMBER.
(C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A
STATEMENT ADVISING T HE APPLICA NT OF THE PENALTIES PROVIDED UNDER §
18–403 OF THIS TITLE FOR A VIOLATION OF THIS TI TLE.
(D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL
SIGN THE APPLICATION FORM UNDER OATH .
Ch. 559 2024 LAWS OF MARYLAND
– 20 –
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE MEMBER
OF THE ENTITY SHALL :
(I) SIGN THE APPLICATION FORM UNDER OATH ; AND
(II) PROVIDE PROOF TO THE BOARD THAT THE
REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY.
(E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION
PROOF OF THE INSU RANCE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE.
18–304.
THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLIC ANT WHOSE TRADE OR
FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY A NOTHER
LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE S IMILARITY.
18–305.
(A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION
ADOPTED UNDER THIS T ITLE.
(B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD
ISSUES:
(1) THE FULL NAME OF THE LICENSEE;
(2) THE LICENSE NUMBER ;
(3) THE LOCATION OF THE P RINCIPAL OFFICE AND OF EACH BRANCH
OFFICE IF THE LICENS EE IS AN ENTITY;
(4) THE DATE OF ISSUANCE OF THE LICENSE;
(5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND
(6) THE NAME OF THE REPRE SENTATIVE MEMBER IF THE LICENSEE
IS AN ENTITY.
18–306.
WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE
ENTITY TO: WES MOORE, Governor Ch. 559
– 21 –
(1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS
WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVID E
STREAM RESTORATION C ONTRACTOR SERVICES T O THE PUBLIC ON BEHA LF OF THE
LICENSEE; AND
(2) REPRESENT ITSELF TO T HE PUBLIC AS A LICEN SED STREAM
RESTORATION CONTRACT OR ENTITY.
18–307.
A LICENSED STREAM REST ORATION CONTRACTOR SHALL :
(1) INCLUDE THE CONTRACTO R’S STREAM RESTORATION
CONTRACTOR LICENSE N UMBER IN ALL ADVERTI SING RELATED TO THE PROVISION
OF STREAM RESTORATIO N CONTRACTOR SERVICE S; AND
(2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM
RESTORATION CONTRACTOR LICENSE N UMBER ON ALL LARGE E QUIPMENT USED IN
THE COURSE OF THE LI CENSEE’S WORK AS A STREAM R ESTORATION CONTRACTO R.
18–308.
(A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGG ER THE TERMS
OF THE LICENSES .
(B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN
ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION.
(C) AT LEAST 2 MONTHS BEFORE A LICE NSE EXPIRES, THE BOARD SHALL
SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR AND ELECTRONICALLY , TO THE
LAST KNOWN ADDRESS O F THE LICENSEE:
(1) A RENEWAL APPLICATION FO RM; AND
(2) A NOTICE THAT STATES :
(I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES;
(II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E
RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE
LICENSE EXPIRES ; AND
(III) THE AMOUNT OF THE REN EWAL FEE. Ch. 559 2024 LAWS OF MARYLAND
– 22 –
(D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY REN EW THE LICENSE
FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE:
(1) IS OTHERWISE ENTITLED TO BE LICENSED;
(2) PAYS TO THE BOARD:
(I) THE REQUIRED RENEWAL FEE SET BY T HE BOARD; AND
(II) ANY OUTSTANDING FEES ; AND
(3) SUBMITS TO THE BOARD:
(I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE
CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF
THIS SECTION;
(II) SATISFACTORY EVIDENCE OF COMPLIAN CE WITH THE
INSURANCE REQUIREMEN TS ESTABLISHED UNDER § 18–302(C)(6) OF THIS
SUBTITLE;
(III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY
LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD
ACTIONS TAKEN UNDER THIS TITLE; AND
(IV) A RENEWAL APPLICATION ON THE FORM THAT THE BOARD
PROVIDES.
(E) (1) A LICENSEE SHALL COMPL ETE 12 HOURS OF CONTINUING
EDUCATION INSTRUCTIO N COVERING STREAM RE STORATION CONTRACTOR
SUBJECT MATTER APPRO VED BY THE BOARD.
(2) (I) THE BOARD SHALL APPROVE T HE SUBSTANCE AND FOR M
OF A CONTINUING EDUC ATION COURSE IF THE COURSE IS:
1. OFFERED BY A QUALIFIE D INSTRUCTOR ; OR
2. CONDUCTED BY AN EDUCA TIONAL INSTITUTION
APPROVED BY THE BOARD.
(II) THE LICENSEE IS RESPO NSIBLE FOR THE COST OF ANY
CONTINUING EDUCATION COURSE.
WES MOORE, Governor Ch. 559
– 23 –
(F) THE BOARD SHALL RENEW THE LICENSE OF EACH LICE NSEE THAT
MEETS THE REQUIREMEN TS OF THIS SECTION .
18–309.
WITHIN 5 DAYS AFTER THE CHANG E, A LICENSEE SHALL SUB MIT TO THE
BOARD WRITTEN NOTICE OF:
(1) ANY CHANGE IN THE ADDRES S OR TELEPHONE NUMBE R OF AN
EXISTING OFFICE OR P RINCIPAL PLACE OF BU SINESS; AND
(2) IF THE LICENSEE IS AN ENTITY, THE ADDITION OF A BR ANCH
OFFICE.
18–310.
(A) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE
GOVERNMENT ARTICLE, AND SUBJECT TO THE N OTICE AND HEARING
REQUIREMENTS IN SUBS ECTION (C) OF THIS SECTION , THE BOARD MAY DENY ,
REFUSE TO RENEW , SUSPEND, OR REVOKE A LICENSE IF THE APPLICANT OR
LICENSEE:
(1) VIOLATES ANY PROVISIO N OF THIS TITLE OR A NY REGULATION
ADOPTED UNDER THIS TITLE ;
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO
OBTAIN A LICENSE FOR THE APPLICANT , LICENSEE, OR ANOTHER PERSON ;
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E;
(4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR
MISCONDUCT WHILE PRACTICING STR EAM RESTORATION CONT RACTOR SERVICES ;
OR
(5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE
NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH :
(I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR
APPROVAL; OR
(II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER
LEGAL REQUIREMENT .
Ch. 559 2024 LAWS OF MARYLAND
– 24 –
(B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND
ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE
NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED
STREAM RESTORATION C ONTRACTOR OR APPLICA NT FOR A LICENSE THA T FAILS TO
COMPLY WITH ANY REQU IREMENT UNDER SUBSEC TION (A)(5) OF THIS SECTION.
(C) (1) BEFORE THE BOARD TAKES ANY FINAL ACTION UNDER
SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT O R
LICENSEE AGAINST WHO M THE ACTION IS CONT EMPLATED NOTICE AND THE
OPPORTUNITY FOR A HE ARING BEFORE THE BOARD.
(2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.
(3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE
SHALL BE:
(I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR
(II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED,
BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN
ADDRESS OF THE INDIV IDUAL OR ENTITY.
(4) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST
WHOM THE ACTION IS C ONTEMPLATED FAILS OR REFUSES TO APPEAR , THE BOARD
MAY HEAR AND DETERMI NE THE MATTER .
(D) EXCEPT AS PROVIDED UN DER SUBSECTION (C) OF THIS SECTION , ANY
PERSON AG GRIEVED BY A FINAL D ECISION OF THE BOARD MAY TAKE AN APP EAL AS
AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE.
(E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY
PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE
CONSTRUED TO BE THE ACT OR OMISSION OF T HE APPLICANT OR LICE NSEE, AS
WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE .
18–311.
(A) ON BECOMING AWARE OF A VIOLATION BY A LIC ENSEE UNDER THIS
TITLE, THE DEPARTMENT SHALL PROV IDE NOTICE OF THE VI OLATION TO THE
LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A
POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE
INDIVIDUAL OR ENTITY . WES MOORE, Governor Ch. 559
– 25 –
(B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF:
(1) THERE IS A LAPSE OF T HE INSURANCE REQUIRE D UNDER §
18–302(C)(6) OF THIS SUBTITLE; OR
(2) THE DEPARTMENT ISSUES THR EE NOTICES OF VIOLAT ION TO THE
LICENSEE IN ACCORDAN CE WITH SUBSECTION (A) OF THIS SECTION.
SUBTITLE 4. PROHIBITED ACTS; PENALTIES.
18–401.
EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TITLE , AN
INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO
CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E
INDIVIDUAL OR ENTITY IS LICENSED BY THE BOARD TO PERF ORM THE SERVICES .
18–402.
UNLESS AUTHORIZED TO PERFORM STREAM RESTO RATION CONTRACTOR
SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENT ITY MAY NOT REPRESEN T TO
THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES ,
OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORIZED TO PER FORM
STREAM RESTORATION C ONTRACTOR SERVICES I N THE STATE.
18–403.
(A) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A
PERSON THAT VIOLATES ANY PROVISION OF THI S TITLE OR ANY REGUL ATION
ADOPTED UNDER THIS TITLE IS SUBJECT TO AN ADMINISTRATIVE PE NALTY NOT
EXCEEDING $10,000 FOR EACH VIOLATION .
(II) IN DETERMINING THE AM OUNT OF THE PENALTY UNDER
THIS PARAGRAPH , THE BOARD SHALL CONSIDER :
1. THE SERIOUSNESS OF TH E VIOLATION;
2. THE HARM CAUSED BY THE VIOLATION;
3. THE GOOD FAITH OF THE LICENSEE; AND
4. WHETHER THE LICENSEE HAS A HISTORY OF
PREVIOUS VIOLATIONS : Ch. 559 2024 LAWS OF MARYLAND
– 26 –
(I) $500 FOR A FIRST VIOLATIO N;
(II) $1,000 FOR A SECOND VIOLATI ON; AND
(III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION.
(2) THE SUM OF ADMINISTRA TIVE PENALTIES IMPOS ED ON A PERSON
UNDER THIS SECTION M AY NOT EXCEED $25,000.
(3) (2) EACH DAY THAT A PERSO N CONDUCTS STREAM
RESTORATION CONTRACT OR SERVICES WITHOUT A LICENSE CONSTITUTE S A
SEPARATE OFFENSE .
(B) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO
THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1
OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD.
(C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT
REGULATIONS TO CARRY OUT THIS SECTION .
SUBTITLE 5. STREAM AND FLOODPLAIN RESTORATION PROJECTS.
18–501.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “LIMIT OF CLEARING ” MEANS THE BOUNDARIES WITHIN WHICH
PLANNED C UTTING, CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H
STREAM RESTORATION C ONTRACTOR SERVICES W ILL OCCUR.
(3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH
ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE , GRADING,
LANDSCAPING , AND RELATED ACTIVITIES M AY OCCUR.
(4) “PROJECT APPLICANT ” MEANS AN INDIVIDUAL OR ENTITY
LICENSED UNDER SUBTITLE 3 OF THIS TITLE , OR AUTHORIZED TO PER FORM
STREAM RESTORATION C ONTRACTOR SERVICES U NDER § 18–301 OF THIS TITLE.
(5) “STREAM RESTORATION CO NTRACTOR SERVICES ” HAS THE
MEANING STATED IN § 18–101 OF THIS TITLE.
WES MOORE, Governor Ch. 559
– 27 –
(B) A PROJECT APPLICANT SE EKING AN AUTHORIZATI ON FOR A STREAM
AND FLOODPLAIN RESTO RATION PROJECT IN TH E STATE SHALL BE SUBJEC T TO THE
REQUIREMENTS OF THIS SECTION.
(C) (1) A PROJECT APPLICANT SHALL PROV IDE PUBLIC NOTICE AT 30%
DESIGN COMPLETION , INCLUDING:
(I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R
BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S
BOUNDARY; AND
(II) POSTING NOTICE AT POI NTS OF PUBLIC ACCE SS TO THE
PROJECT.
(2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL
INCLUDE:
(I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR
PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE
APPLICANT;
(II) THE PURPOSE OF THE PR OJECT; AND
(III) IF APPLICABLE , INFORMATION ABOUT TH E PUBLIC
MEETING UNDER SUBSEC TION (D) OF THIS SECTION.
(D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
(II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S
PROPERTY; AND
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
PROJECT BOUNDARY .
(2) A PROJECT APPLICANT SH ALL:
(I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN
OPTION FOR VIRTUAL A TTENDANCE ;
(II) TAKE MEETING MINUTES AND RECORD THE MEETI NG;
Ch. 559 2024 LAWS OF MARYLAND
– 28 –
(III) PRESENT:
1. THE PROJECT DESIGN RE PORT AND PLANS ;
2. A FOREST STAND DELINEA TION;
3. THE DEPARTMENT ’S STREAM RESTORATION
AUTHORIZATION CHECKLIST; AND
3. 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS
CLEARLY IDENTIFYING :
A. THE LIMIT OF CLEARING , IF ANY; AND
B. THE LIMIT OF DISTURBA NCE; AND
(IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE
PROJECT APPLICANT ’S WEBSITE.
(3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING
REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60%
COMPLETE.
(E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL
RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS,
INCLUDING:
(1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A
SHEET CLEARLY IDENTI FYING:
(I) THE LIMIT OF CLEARING , IF ANY; AND
(II) THE LIMIT OF DISTURBA NCE;
(2) THE FOREST STAND DELI NEATION;
(3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION
CHECKLIST GUIDANCE D OCUMENT STREAM RESTORATION AUTHORIZATION
CHECKLIST;
(4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM
THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS
SECTION; AND
WES MOORE, Governor Ch. 559
– 29 –
(5) ANY OTHER DOCUMENTS OR INFORMA TION REQUESTED BY TH E
DEPARTMENT .
(F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S
PROPERTY; AND
(III) NO RESIDE NCE, OTHER THAN THE INDIV IDUAL’S
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
PROJECT BOUNDARY .
(2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE
DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WE BSITE:
(1) (I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON; AND
(2) (II) THE DATE OF SUBMISSIO N OF THE APPLICATION .
18–502.
(A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN
RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION.
(B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN
RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL :
(1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT
APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO:
(I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ;
AND
(II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G
GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ;
(2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE
FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION :
(I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT,
RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
Ch. 559 2024 LAWS OF MARYLAND
– 30 –
(II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS
FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ;
(III) CARBON SEQUESTRATION ;
(IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
RESILIENCE;
(V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
(VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO
WATERWAYS AND NATURA L HABITATS;
(3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS
CONDUCTED BY THE PROJECT APPLICANT PRIOR TO T HE SUBMISSION OF THE
APPLICATION;
(4) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED, TO
THE EXTENT PRACTICAB LE, RECOGNIZED BEST MANA GEMENT PRACTICES TO :
(I) MAXIMIZE ECOLOGICAL U PLIFT;
(II) MINIMIZE:
1. IMPACTS TO WILDLIFE H ABITATS;
2. TREE LOSS AND REMOVAL ;
3. EARTH DISTURBANCE ; AND
4. DISTURBANCE TO NATIVE VEGETATION;
(III) AVOID IMPACTS TO :
1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S;
AND
2. SPECIMEN TREES ;
(IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING
AREAS TO AVOID FORES T REMOVAL;
(V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ;
WES MOORE, Governor Ch. 559
– 31 –
(VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO
MINIMIZE FOREST IMPA CTS; AND
(VII) WHERE APPROPRIATE , PRIORITIZE THE REMOVAL O F
NONNATIVE AND INVASI VE:
1. TREES; AND
2. VEGETATION; AND
(5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF
MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION.
(C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER
SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE:
(1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS
REQUIRED IN § 18–501 OF THIS SUBTITLE;
(2) WHETHER THE PROJECT A PPLICANT CONDUCTED C OMMUNITY
MEETINGS WITHIN THE COMMUNITY IMPACTED B Y THE PROJECT A PUBL IC MEETING
AS REQUIRED IN § 18–501(D) OF THIS SUBTITLE ;
(3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE
PROJECT SIGNAGE ;
(4) WHETHER THE PROJECT APPLICAN T CONSIDERED THE
PROJECT’S COMPATIBILITY WITH LOCAL LAND USE , ESPECIALLY IN URBAN ,
SUBURBAN, AND OTHER HIGH –VISIBILITY AREAS;
(5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND
RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULTING
MODIFICATIONS TO THE PROJECT; AND
(6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN
THE FINAL APPLICATIO N DESIGN.
(D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION
PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF
MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR
EACH AUTHORIZED PROJ ECT.
Ch. 559 2024 LAWS OF MARYLAND
– 32 –
(2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL
INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N
FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFECTE D PROJECT AREA .
18–503.
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER ,
THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION,
ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION
AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023.
SUBTITLE 5. 6. TERMINATION OF TITLE SUBTITLES.
18–501. 18–601.
SUBJECT TO THE EVALUA TION AND REESTABLISHMENT PROV ISIONS OF THE
MARYLAND PROGRAM EVALUATION ACT, THIS SUBTITLE AND SUBTITLES 1
THROUGH 4 OF THIS TITLE AND ALL R EGULATIONS ADOPTED U NDER THIS SUBTITLE
AND SUBTITLES 1 THROUGH 4 OF THIS TITLE SHALL TER MINATE AND BE OF NO
EFFECT AFTER JULY 1, 2033 JUNE 30, 2029.
Article – Natural Resources
8–2A–02.
(a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.
(b) The purpose of the Fund is to provide financial assistance necessary to
advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay
Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries,
including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and
their tributaries, by focusing limited financial resources on nonpoint source pollution
control projects in all regions of the State.
(f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP
TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS
UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT
RECIPIENT PROJECT SPONSOR EACH FISCAL YEAR .
SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND.
8–2B–01. WES MOORE, Governor Ch. 559
– 33 –
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR
ENHANCEMENT OF :
(I) A NATURAL FEATURE ;
(II) AN ACTIVITY RELATED T O THE FORM AND FUNCT ION OF A
NATURAL FEATURE ; OR
(III) LAND CONSERVATION MEA SURES.
(2) “ACTION” INCLUDES THE PLANNIN G, DESIGN, ENGINEERING ,
DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH
A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNC TION OF A
NATURAL FEATURE , OR LAND CONSERVATION MEASURES.
(C) “FUND” MEANS THE WHOLE WATERSHED FUND.
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701
OF THE ENVIRONMENT ARTICLE.
(E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION
PARTNERSHIP.
(F) “PROJECT” MEANS A COLLECTION O F RESTORATION AND
CONSERVATION ACTIONS COORDINATED BY MULTI PLE ENTITIES TO IMPR OVE
SHALLOW WATER HABITA T.
(G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR
ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTING FOR FUNDS, COORDINATING
PARTNERS AND ACTIONS , AND REPORTING OUTCOM ES.
(H) (1) “SHALLOW WATER HABITAT ” MEANS THE PORTION OF THE
CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES FOR WHICH
THE STATE HAS ADOPTED WAT ER QUALITY CRITERIA TO SUPPORT SUBMERGED
AQUATIC VEGETATION .
(2) “SHALLOW WATER HABITAT ” INCLUDES THE SUSQUEHANNA
RIVER AND ITS TRIBUTA RIES WITHIN THE STATE.
Ch. 559 2024 LAWS OF MARYLAND
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(I) “STATE MANAGEMENT TEAM ” MEANS THE REPRESENTA TIVES
DESIGNATED TO ADMINI STER THE PARTNERSHIP.
(J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STATED IN § 1–701 OF
THE ENVIRONMENT ARTICLE.
8–2B–02.
(A) THERE IS A WHOLE WATERSHED RESTORATION PARTNERSHIP.
(B) THE PURPOSE OF THE PARTNERSHIP IS TO ACC ELERATE RESTORATION
OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS BY
EQUITABLY FOCUSING A SSISTANCE ON ACTIONS AND AREAS THAT ARE :
(1) COST–EFFECTIVE;
(2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RES PONSE TO
RESTORATION ACTIVITY , INCLUDING RAPID DE –LISTING OF IMPAIRED STREAMS
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT; AND
(3) SUPPORTED BY THE LOCA L COMMUNITY GOVERNMENT .
(C) (1) THE SECRETARY SHALL ESTAB LISH A STATE MANAGEMENT TEAM
TO ADMINISTER THE PARTNERSHIP.
(2) THE STATE MANAGEMENT TEAM SHALL INCLUDE :
(I) ONE REPRESENTATIVE OF THE DEPARTMENT , DESIGNATED
BY THE SECRETARY;
(II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE
ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ;
(III) ONE REPRESENTATIVE OF THE DEPARTMENT OF
AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ;
(IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF
PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING;
(V) ONE REPRESENTATIVE OF THE CRITICAL AREA
COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED
BY THE CHAIR OF THE COMMISSION; AND
WES MOORE, Governor Ch. 559
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(VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF
RESILIENCE OFFICER’S DESIGNEE.
(3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE
STATE MANAGEMENT TEAM .
(4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H
OTHER ENTITIES , INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S.
ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARR Y OUT ITS
FUNCTIONS AND DUTIES UNDER THIS SUBTITLE .
(D) (1) THE PARTNERSHIP SHALL EMP LOY STAFF IN ACCORDA NCE WITH
THE STATE BUDGET .
(2) STATE AGENCIES MAY PROVIDE STAFF OR OTH ER ASSISTANCE TO
THE PARTNERSHIP.
(E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER ,
THE STATE MANAGEMENT TEAM SHALL ISSUE A REQUES T FOR PROPOSALS FOR
PROJECTS THAT :
(1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS
IDENTIFIED IN THE ST ATEWIDE DIGITAL WATE RSHED FILE MAINTAINE D BY THE
DEPARTMENT OF INFORMATION TECHNOLOGY ;
(2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS,
AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD;
(3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPECIFIED U NDER
SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND
(4) ARE ENDORSED BY EACH COUNTY AND MUNICIPAL CORPORATION
IN WHICH THE PROJECT WILL OCCUR.
(F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR
BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE
MANAGEMENT TEAM MAY APPROVE UP TO FIVE P ROJECTS TO RECEIVE A SSISTANCE
UNDER THIS SECTION .
(2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED
PROJECT BASED ON WHE THER THE PROPOSED PR OJECT:
(I) IS LOCATED IN A WATER SHED IN WHICH HABITA T
RESTORATION AND POLL UTION REDUCTION WILL : Ch. 559 2024 LAWS OF MARYLAND
– 36 –
1. RESULT IN THE GREATES T IMPROVEMENTS TO
SHALLOW WATER HABITA T AND LIVING RESOURC ES;
2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED
IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER
QUALITY STANDARDS; OR
3. GENERATE RAPIDLY –IMPROVING CONDITIONS IN
THE LOCAL ECOSYSTEM ;
(II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE
THE GREATEST , MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION
REDUCTION;
(III) SUPPORTS LAND USE POL ICIES, CONSERVATION
PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL L EVEL THAT WILL
SUSTAIN PROJECT ACTI ONS AND OUTCOMES ;
(IV) HAS DOCUMEN TED INTEREST FROM A GROUP OF AFFECTED
PROPERTY OWNERS TO A LLOW RESTORATION OR CONSERVATION ACTIONS ON
THEIR PROPERTY ;
(V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL
HABITATS;
(VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS
THAT REDUCE ENVIRONMENTAL DISPAR ITIES EXPERIENCED BY OVERBURDENED
OR UNDERSERVED COMMU NITIES;
(VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION
IN RESTORATION SCIEN CE OR PRACTICES ;
(VIII) IN ADDITION TO LAND –BASED HABITAT RESTOR ATION AND
WATER QUALITY IMPR OVEMENT, ANTICIPATES BENEFITS RELATED TO:
1. THE CREATION OR RESTO RATION OF WILDLIFE
HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
2. THE RESTORATION OF AQ UATIC RESOURCES , SUCH
AS FRESH WATER MUSSE LS, FISH PASSAGE, OR OYSTER REEFS ;
WES MOORE, Governor Ch. 559
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3. CARBON SEQUESTRATION ;
4. CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
RESILIENCE;
5. LOCAL EMPLOYMENT OPPO RTUNITIES;
6. IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
7. RECREATIONAL OPPORTUN ITIES AND PUBLIC
ACCESS TO WATERWAYS AND NATURAL HABITATS; AND
(IX) CREATES PARTNERSHIP O PPORTUNITIES AMONG
NONPROFIT AND FOR PR OFIT ORGANIZATIONS , COMMUNITY ORGANIZATI ONS, ALL
LEVELS OF GOVERNMENT , AND SCIENTISTS.
(3) THE STATE MANAGEMENT TEAM SHALL:
(I) WORK TO ENSURE THAT T HE PROJECTS APPROVED
INCLUDE:
1. ONE PROJECT LOCATED I N A PREDOMINANTLY
URBAN AREA;
2. ONE PROJECT LOCATED I N A PREDOMINANTLY
SUBURBAN AREA ;
3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G
POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND
4. ONE PR OJECT THAT INCORPORA TES
COLLABORATIVE EFFORT S WITH AN ADJOINING STATE; AND
(II) ENSURE THAT AT LEAST TWO APPROVED PROJECT S ARE
LOCATED IN AND PROVI DE BENEFITS TO AN OV ERBURDENED OR UNDERS ERVED
COMMUNITY .
(4) THE STATE MANAGEMENT TEAM MAY REQUIRE SIT ING, DESIGN,
CONSTRUCTION , MAINTENANCE , AND OPERATION PRINCI PLES AND STANDARDS F OR
A PROJECT THAT ARE I N ADDITION TO THOSE REQUIRED BY LAW OR R EGULATION IF
THE TEAM DETERMINES THAT THOSE PRINCIPLE S AND STANDARDS ARE NECESSARY
TO PRESERVE THE BENE FITS OF THE PROJECT.
Ch. 559 2024 LAWS OF MARYLAND
– 38 –
(G) FOR A PERIOD OF 5 YEARS AFTER APPROVIN G A PROJECT, THE STATE
MANAGEMENT TEAM SHAL L:
(1) ASSIST THE PROJECT SP ONSOR IN DEVELOPING AN
IMPLEMENTATION AND F INANCING PLAN , INCLUDING MEASURABLE OUTCOMES,
FOR THE DURATION OF THE PROJECT;
(2) AWARD IMPLEMENTATION GRANTS FROM THE FUND AND OTHER
APPROPRIATE STATE FUNDS AND ACCOU NTS:
(I) FOR UP TO 50% OF PROJECT COSTS ;
(II) IN ACCORDANCE WITH TH E IMPLEMENTATION AND
FINANCING PLAN DEVEL OPED UNDER ITEM (1) OF THIS SUBSECTION ; AND
(III) WITH CONSIDERATION GI VEN TO THE PROGRESS OF THE
PROJECT AS DOCUMENTE D IN THE REPORT REQU IRED UNDER SUBSECTIO N (I)(2) OF
THIS SECTION;
(3) AWARD OPERATIONS GRAN TS TO THE PROJECT SP ONSOR FOR
PROJECT ADMINISTRATI ON COSTS IN ACCORDAN CE WITH § 8–2A–02(F)(5) OF THIS
TITLE;
(4) PROVIDE FOR COORDINAT ED AND TRANSPARENT STATE
PERMITTING TO THE EX TENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING
THE USE OF THE PERMI T TRACKING DASHBOARD ESTABLISHED BY THE SECRETARY
UNDER SUBSECTION (K) OF THIS SECTION;
(5) PROVIDE FUNDING TO TH E PROJECT SPONSOR TO SUPPORT
WATER QUALITY MONITO RING AT THE PROJECT SITE; AND
(6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL
GOVERNMENTS AT LEAST SIX TIMES EACH CALEN DAR YEAR TO REVIEW A ND
FACILITATE PROGRESS ON THE PROJ ECT.
(H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNIT IES FOR
COMMUNITY ENGAGEMENT FOR THE DURATION OF THE PROJECT BY INCLU DING:
(1) AT LEAST FOUR COMMUNI TY MEETINGS THAT INC LUDE
REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJ ECT;
AND
WES MOORE, Governor Ch. 559
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(2) AN OPPORTUNITY FOR PU BLIC COMMENT ON THE PRELIMINARY
DESIGN OF EACH RESTORATION MAJOR OR LARGE –SCALE ACTION PROPOSED BY
THE PROJECT.
(I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO
TRACK PROGRESS ON ME ETING THE OUTCOMES I DENTIFIED IN THE PROJECT’S
IMPLEMENTATION AND F INANCING PLAN .
(2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROG RESS OF
THE PROJECT AT THE I NTERVALS AND IN THE FORMAT REQUIRED BY T HE STATE
MANAGEMENT TEAM .
(II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUD E
INFORMATIO N ON:
1. COMMUNITY ENGAGEMENT EFFORTS;
2. RESTORATION AND CONSE RVATION ACTIONS
INITIATED AND COMPLE TED;
3. TREES AFFECTED AND TR EES AT IMMEDIATE OR
FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS;
4. FUNDING FROM ALL SOUR CES THAT WAS SOLICITED,
AWARDED, OR SPENT; AND
5. THE PROGRESS MADE TOW ARD MEETING THE
OUTCOMES IDENTIFIED IN THE PROJECT ’S IMPLEMENTATION AND FINANCING
PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER
PARAGRAPH (1) OF THIS SUBSECTION .
(3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJECT
SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FO R MORE
THAN 5 YEARS.
(J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1
THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE,
ON THE STATUS OF EAC H APPROVED PROJECT .
(K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG
DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT
SCHEDULES AND REQUIR EMENTS FOR ACTIONS THAT REQUIRE A STATE PERMIT.
Ch. 559 2024 LAWS OF MARYLAND
– 40 –
(2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE
TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE.
8–2B–03.
(A) THERE IS A WHOLE WATERSHED FUND.
(B) THE PURPOSE OF THE FUND IS TO FUND PROJE CTS APPROVED BY THE
STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE.
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(E) THE FUND CONSISTS OF :
(1) REVENUE DISTRIBUTED T O THE FUND FROM:
(I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010
TRUST FUND ESTABLISHED UNDE R § 8–2A–02 OF THIS TITLE;
(II) THE BAY RESTORATION FUND ESTABLISHED UNDE R §
9–1605.2 OF THE ENVIRONMENT ARTICLE;
(III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED
UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE;
(IV) THE MARYLAND AGRICULTURAL LAND PRESERVATION
FUND ESTABLISHED UNDER § 2–505 OF THE AGRICULTURE ARTICLE;
(V) THE COST–SHARING PROGRAM ESTA BLISHED UNDER §
8–702 OF THE AGRICULTURE ARTICLE; AND
(VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED
UNDER § 8–707 OF THIS TITLE;
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
(3) INTEREST EARNINGS ; AND
WES MOORE, Governor Ch. 559
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(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(F) (1) THE FUND MAY BE USED ONLY TO SUPPORT ACTIONS A SSOCIATED
WITH A PROJECT APPRO VED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02
OF THIS SUBTITLE, INCLUDING:
(I) TO SATISFY MATCH REQU IREMENTS OF ANY FEDE RAL
SOURCE; OR
(II) MATCHING WITH COUNTY , MUNICIPAL, OR PRIVATE FUNDS
OR IN–KIND SUPPORT FOR A P ROJECT.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (E)(1) OF THIS SECTION
SHALL BE SUBJECT TO THE CONDITIONS SPECI FIED IN THE ORIGINAT ING FUND OR
ACCOUNT.
(3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PORTION
OF FUNDS FOR AN ACTI ON MAY BE PROVIDED AS AN AD VANCE PAYMENT AT THE
BEGINNING OF EACH FI SCAL YEAR.
(4) ANY REMAINING FUNDS N OT USED TO SUPPORT A N ACTION IN
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE FO R
USE CONSISTENT WITH THIS SECTION IN SUBS EQUENT FISCA L YEARS.
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
(I) MONEY EXPENDED FROM T HE FUND FOR PROJECTS APP ROVED BY THE
PARTNERSHIP IS SUPPLE MENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF
FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE PARTNERSHIP.
(J) A CONTRACT ENT ERED INTO BY THE DEPARTMENT UNDER THIS
SECTION SHALL :
(1) BE CONSISTENT WITH TH E IMPLEMENTATION AND FINANCING
PLAN DEVELOPED UNDER § 8–2B–02(G) OF THIS SUBTITLE; Ch. 559 2024 LAWS OF MARYLAND
– 42 –
(2) FOR AN ACTION INVOLVI NG STREAM RESTORATIO N, REQUIRE THE
USE OF A STREAM REST ORATION CONTRACTOR LICENSED UNDER TITLE 18 OF THE
ENVIRONMENT ARTICLE; AND
(3) REQUIRE THAT FUNDS PR OVIDED FROM THE FUND BE RETURNED
IF THE ACTION IS NOT COMPLETED IN ACCORDA NCE WITH THE IMPLEME NTATION
AND FINANCING PLAN .
(K) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ACTION
THAT IS PARTIALLY FI NANCED WITH ANOTHER SOURCE OF STATE FUNDS MAY BE
FUNDED UNDER THIS SE CTION.
(2) FUNDING PROVIDED TO A N ACTION UNDER THIS SUBSECTION
SHALL BE PRORATED TO COVER ONLY THE PORTI ON OF THE ACTION NOT FUNDED
BY ANOTHER STATE SOURCE.
8–701.
(a) In this subtitle the following words have the meanings indicated.
(A–1) “BENEFICIAL USE OF DRE DGED MATERIAL ” HAS THE MEANING STAT ED
IN § 5–1101 OF THE ENVIRONMENT ARTICLE.
8–707.
(a) (1) There is a Waterway Improvement Fund for the purposes specified in
this subtitle, INCLUDING THE ACCELE RATED RESTORATION OF THE CHESAPEAKE
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
(2) Except as provided in § 8–709 of this subtitle, any money received into
the Waterway Improvement Fund shall be used solely for the following projects:
[(1)] (I) Marking channels and harbors and establishing aids to
navigation in cooperation with and as an extension of operations of the United States Coast
Guard;
[(2)] (II) Clearing debris, aquatic vegetation, and obstruction from waters
of the State;
[(3)] (III) Dredging channels and harbors and construction of jetties and
breakwaters in cooperation with and as an extension of operations of the United States
Army Corps of Engineers;
WES MOORE, Governor Ch. 559
– 43 –
[(4)] (IV) Dredging ponds, lakes, and reservoirs owned by the State;
[(5)] (V) Constructing and maintaining marine facilities beneficial to the
boating public, including constructing pump–out stations for use by the general boating
public at public and private marinas. The Secretary may use the funds to install pump–out
stations for use by the general boating public and to supplement maintenance costs at the
discretion of the Secretary. Before approving the construction of any pump–out station at
a public or private marina, the Secretary shall consult with the Department of the
Environment to assure that the wastewater collection and treatment system of the marina
is adequate to handle any increased flow. The Department may adopt regulations to govern
the use and operation of pump–out stations for use by the general boating public
constructed or supported by State funds under this section;
[(6)] (VI) Improvement, reconstruction, or removal of bridges,
drawbridges, or similar structures over or across waters, if those structures delay, impede,
or obstruct the boating public. With the approval of the Board of Public Works, funds from
another public or any private source may be received and used to supplement and increase
the funds in the Waterway Improvement Fund for the purpose of this subsection. Also, the
Board of Public Works may enter into an agreement with a private company or person
which owns such a structure, for the improvement, reconstruction, or removal of the
structure, in order to provide a sharing of the cost of the improvement, reconstruction, or
removal;
[(7)] (VII) Evaluation of water–oriented recreation needs and recreational
capacities of Maryland waterways and development of comprehensive plans for waterway
improvements;
[(8)] (VIII) To provide matching grants to local governments for the
construction of marine facilities for marine firefighting, marine police, or medical services
and for the acquisition of vessels and equipment for vessels for marine firefighting, police,
medical, and communication equipment for promoting safety of life and property and
general service to the boating public utilizing the waters of the State. The ownership,
operation, and maintenance of any equipment acquired under this subtitle shall be the
responsibility of the local governing body;
[(9)] (IX) Structural and nonstructural shore erosion control under
subsection (b) of this section;
[(10)] (X) Acquisition of equipment and State vessels for firefighting,
policing, first aid and medical assistance, and communications, in order to promote safety
of life and property and general service to the boating public utilizing waters of the State;
[(11)] (XI) Boating information and education; [and]
[(12)] (XII) To provide interest–free loans to a governing body for the benefit
of a residential property owner, or group of residential property owners, with land abutting Ch. 559 2024 LAWS OF MARYLAND
– 44 –
a channel adjacent to a federal, State, county, or municipal main channel or harbor for
dredging the adjacent channel; AND
(XIII) TO CONSISTENT WITH OTHER USES IN ITEMS (I) THROUGH
(XII) OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED FUND ESTABLISHED
UNDER § 8–2B–03 OF THIS TITLE.
8–708.
(b) (1) Except for the construction of pump–out stations for use by the general
boating public at public and private marinas, the governing body and the Waterway
Improvement Fund jointly shall finance projects to construct marine facilities beneficial to
the boating public.
(2) Except as provided in paragraph (3) of this subsection, the contribution
of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of
each project.
(3) The Waterway Improvement Fund may finance completely [any]:
(I) ANY construction project beneficial to the boating public which
costs $250,000 or less, regardless of its location; AND
(II) A PROJECT THAT INVOLVE S THE BENEFICIAL USE OF
DREDGED MATERIAL ; AND
(III) ANY WATER QUALITY MON ITORING BY THE DEPARTMENT .
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
189. the Teacher Retention and Development Fund; [and]
190. the Protecting Against Hate Crimes Grant Fund; AND WES MOORE, Governor Ch. 559
– 45 –
191. THE WHOLE WATERSHED FUND.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
TITLE 18. STREAM AND FLOODPLAIN RESTORATION PROJECTS.
18–101.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “LIMIT OF CLEARING” MEANS THE BOUNDARIES WITHIN WHICH
PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H
STREAM RESTORATION W ILL OCCUR.
(3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH
ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE, GRADING,
LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR.
(B) AN APPLICANT SEEKING AN AUTHORIZATION FOR A STREAM AND
FLOODPLAIN RESTORATI ON PROJECT IN THE STATE SHALL BE SUBJEC T TO THE
REQUIREMENTS OF THIS SECTION.
(C) (1) A PROJECT APPLICANT SHALL PROVIDE PUBLIC NOTICE AT 30%
DESIGN COMPLETION , INCLUDING:
(I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R
BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S
BOUNDARY; AND
(II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE
PROJECT.
(2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL
INCLUDE:
(I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR
PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE
APPLICANT; Ch. 559 2024 LAWS OF MARYLAND
– 46 –
(II) THE PURPOSE OF THE PR OJECT; AND
(III) IF APPLICABLE, INFORMATION ABOUT TH E PUBLIC MEETING
UNDER SUBSECTION (D) OF THIS SECTION.
(D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S
PROPERTY; AND
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
PROJECT BOUNDARY .
(2) A PROJECT APPLICANT SH ALL:
(I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN
OPTION FOR VIRTUAL A TTENDANCE;
(II) TAKE MEETING MINUTES AND RECORD THE MEETI NG;
(III) PRESENT:
1. THE PROJECT DESIGN RE PORT AND PLANS ;
2. A FOREST STAND DELINEA TION;
3. THE DEPARTMENT ’S STREAM RESTORATION
AUTHORIZATION CHECKLIST; AND
4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS
CLEARLY IDENTIFYING :
A. THE LIMIT OF CLEARING , IF ANY;
B. THE LIMIT OF DISTURBA NCE; AND
C. TO THE EXTENT PRACTIC ABLE, NOTATION WHERE
ADDITIONAL TREES ARE PLANNED TO BE REMOVE D; AND WES MOORE, Governor Ch. 559
– 47 –
(IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE
PROJECT APPLICANT ’S WEBSITE.
(3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING
REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60%
COMPLETE.
(E) A PROJECT APPLICANT SH ALL SUBMIT TO T HE DEPARTMENT ALL
RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS,
INCLUDING:
(1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A
SHEET CLEARLY IDENTI FYING:
(I) THE LIMIT OF CLEARING , IF ANY; AND
(II) THE LIMIT OF DISTURBA NCE;
(2) THE FOREST STAND DELI NEATION;
(3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION
AUTHORIZATION CHECKLIST;
(4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM
THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS
SECTION; AND
(5) ANY OTHER DOCUMENTS O R INFORMATION REQUES TED BY THE
DEPARTMENT .
(F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
(II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S
PROPERTY; AND
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
PROJECT BOUNDARY .
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(2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE
DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WEBSITE :
(I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON;
(II) THE DATE OF SUBMISSIO N OF THE APPLICATION ; AND
(III) A COPY OF THE APPLICAT ION.
18–102.
(A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN
RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION.
(B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN
RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL :
(1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT
APPLICANT FOR DEGRAD ATION CRITERIA RELATED TO :
(I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ;
AND
(II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G
GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ;
(2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE
FOLLOWING COBENEFITS, AS APPROPRIATE , INTO THE APPLICATION :
(I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT,
RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
(II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS
FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REE FS;
(III) CARBON SEQUESTRATION ;
(IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
RESILIENCE;
(V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
WES MOORE, Governor Ch. 559
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(VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO
WATERWAYS AND NATURA L HABITATS;
(3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS
CONDUCTED BY THE PRO JECT APPLICANT PRIOR TO THE SUBMISSION OF THE
APPLICATION;
(4) ASSESS WHETHER THE AP PLICANT INCORPORATED , TO THE
EXTENT PRACTICABLE , RECOGNIZED BEST MANA GEMENT PRACTICES TO :
(I) MAXIMIZE ECOLOGICAL U PLIFT;
(II) MINIMIZE:
1. IMPACTS TO WILDLIFE H ABITATS;
2. TREE LOSS AND REMOVAL ;
3. EARTH DISTURBANCE ; AND
4. DISTURBANCE TO NATIVE VEGETATION;
(III) AVOID IMPACTS TO :
1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIES ;
AND
2. SPECIMEN TREES ;
(IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING
AREAS TO AVOID FORES T REMOVAL;
(V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ;
(VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO
MINIMIZE FOREST IMPACTS; AND
(VII) WHERE APPROPRIATE , PRIORITIZE THE REMOV AL OF
NONNATIVE AND INVASI VE:
1. TREES; AND
2. VEGETATION; AND Ch. 559 2024 LAWS OF MARYLAND
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(5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF
MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION.
(C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER
SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE:
(1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS
REQUIRED IN § 18–101 OF THIS TITLE;
(2) WHETHER THE PROJECT A PPLICANT CONDUCTED A PUBLIC
MEETING AS REQUIRED IN § 18–101(D) OF THIS TITLE;
(3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE
PROJECT SIGNAGE ;
(4) WHETHER THE PROJECT A PPLICANT CONSIDERED THE PROJECT’S
COMPATIBILITY WITH L OCAL LAND USE , ESPECIALLY IN URBAN , SUBURBAN, AND
OTHER HIGH–VISIBILITY AREAS;
(5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND
RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULT ING
MODIFICATIONS TO THE PROJECT; AND
(6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN
THE FINAL APPLICATION DESIGN .
(D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION
PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF
MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR
EACH AUTHORIZED PROJ ECT.
(2) THE MONITORING REQUIRED UNDER THIS SUBSECTIO N SHALL
INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N
FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFE CTED PROJECT AREA .
18–103.
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER ,
THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION,
ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE WES MOORE, Governor Ch. 559
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GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION
AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect July 1, 2025.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – State Government
8–402.
(a) The General Assembly finds that:
(1) a framework that allows for periodic, legislative review of the
regulatory, licensing, and other governmental activities of the Executive Branch of the
State government is essential for the maintenance of a government in which the citizens
have confidence and of a healthy State economy; and
(2) this legislative review is consistent with other activities and goals of the
General Assembly.
(b) The purposes of this subtitle are to:
(1) establish a system of legislative review that will:
(i) determine whether a governmental activity is necessary for the
public interest; and
(ii) make units that are responsible for necessary governmental
activities accountable and responsive to the public interest; and
(2) ensure that the legislative review takes place by establishing, by
statute, a process for the review and other legislative action.
8–403.
This subtitle applies only to the following governmental activities and units:
(62) STREAM RESTORATION CONTRACTORS LICENSING BOARD (§
18–201 OF THE ENVIRONMENT ARTICLE);
[(62)] (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the
Agriculture Article);
Ch. 559 2024 LAWS OF MARYLAND
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[(63)] (64) Waterworks and Waste Systems Operators, State Board of (§
12–201 of the Environment Article); and
[(64)] (65) Well Drillers, State Board of (§ 13–201 of the Environment
Article).
SECTION 2. 3. AND BE IT FURTHER ENACTED, That:
(a) In this section, “stream restoration contractor services” has the meaning
stated in § 18–101 of the Environment Article, as enacted by Section 1 of this Act.
(b) (1) On or before December 31, 2024, all persons performing stream
restoration contractor services in the State or soliciting to perform stream restoration
contractor services in the State shall:
(i) register with the Department of the Environment; and
(ii) pay to the Department of the Environment a registration fee in
an amount determined by the Department.
(2) The registration required under paragraph (1) of this subsection shall
expire on December 31, 2026, unless extended by an action by the Stream Restoration
Contractors Licensing Board established under Section 1 of this Act.
(c) After December 31, 2024, a person that fails to register with the Department
of the Environment to perform stream restoration contractor services in accordance with
subsection (b) of this section:
(1) may not perform stream restoration contractor services in the State;
and
(2) shall be subject to the penalties established in § 18–403 of the
Environment Article, as enacted by Section 1 of this Act.
(d) For the initial three licensed stream restoration contractor members required
to be appointed to the Stream Restoration Contractors Licensing Board in accordance with
§ 18–202 of the Environment Article, as enacted by Section 1 of this Act, the Department
of the Environment shall select stream restoration contractors from the list of the
registrants compiled under subsection (b) of this section for recommendation to the
Governor for appointment to the Board.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That , except as provided in
Section 3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain
effective for a period of 5 years and, at the end of June 30, 2029, Section 2 of this Act, with
no further action required by the General Assembly, shall be abrogated and of no further
force and effect. WES MOORE, Governor Ch. 559
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Approved by the Governor, May 9, 2024.