MD
Maryland Senate Bill SB176

Maryland 2025 Regular Session

Maryland Senate Bill SB176 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0176*
96
107 SENATE BILL 176
118 M4 5lr0029
129 (PRE–FILED) CF HB 140
1310 By: Chair, Education, Energy, and the Environment Committee (By Request –
1411 Departmental – Agriculture)
1512 Requested: October 6, 2024
1613 Introduced and read first time: January 8, 2025
1714 Assigned to: Education, Energy, and the Environment
18-Committee Report: Favorable
19-Senate action: Adopted
20-Read second time: February 2, 2025
2115
22-CHAPTER ______
16+A BILL ENTITLED
2317
2418 AN ACT concerning 1
2519
2620 Agriculture – Soil Conservation and Water Quality Plan – Uses of Information 2
2721
2822 FOR the purpose of authorizing the Department of Agriculture to use information from a 3
2923 soil conservation and water quality plan for certain enforcement actions; and 4
3024 generally relating to soil conservation and water quality plans. 5
3125
3226 BY repealing and reenacting, with amendments, 6
3327 Article – Agriculture 7
3428 Section 8–306 8
3529 Annotated Code of Maryland 9
3630 (2016 Replacement Volume and 2024 Supplement) 10
3731
3832 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
3933 That the Laws of Maryland read as follows: 12
4034
4135 Article – Agriculture 13
4236
4337 8–306. 14
4438
4539 (a) A soil conservation district constitutes a political subdivision of the State, and 15
4640 a public body corporate and politic, exercising public powers. 16
4741
48- (b) The supervisors may: 17 2 SENATE BILL 176
42+ (b) The supervisors may: 17
43+
44+ (1) Conduct surveys, investigations, and research relating to the character 18
45+of soil erosion and the preventive and control measures needed and publish the results, if 19
46+the research program is executed in cooperation with the State, the United States, or any 20
47+of their agencies; 21
48+ 2 SENATE BILL 176
4949
5050
51+ (2) Disseminate information concerning preventive and control measures; 1
5152
52- (1) Conduct surveys, investigations, and research relating to the character 1
53-of soil erosion and the preventive and control measures needed and publish the results, if 2
54-the research program is executed in cooperation with the State, the United States, or any 3
55-of their agencies; 4
53+ (3) Conduct demonstration projects within the district on State owned or 2
54+controlled land, with the cooperation of the agency administering and having jurisdiction 3
55+of them, or on any land within the district upon obtaining the consent of the land occupier 4
56+or the possessor of the necessary rights or interests in the land, in order to demonstrate by 5
57+example the means, methods, and measures for conserving soil and soil resources, and 6
58+preventing and controlling soil erosion in the form of soil blowing and washing; 7
5659
57- (2) Disseminate information concerning preventive and control measures; 5
60+ (4) Carry out preventive and control measures within the district including 8
61+engineering operations, cultivation methods, the growing of vegetation, changes in land 9
62+use, and the measures listed in § 8–102(c) of this title, on State owned or controlled land, 10
63+with the cooperation of the agency administering and having jurisdiction of them, or on any 11
64+other land within the district upon obtaining the consent of the land occupier or the 12
65+possessor of the necessary rights or interests in the land; 13
5866
59- (3) Conduct demonstration projects within the district on State owned or 6
60-controlled land, with the cooperation of the agency administering and having jurisdiction 7
61-of them, or on any land within the district upon obtaining the consent of the land occupier 8
62-or the possessor of the necessary rights or interests in the land, in order to demonstrate by 9
63-example the means, methods, and measures for conserving soil and soil resources, and 10
64-preventing and controlling soil erosion in the form of soil blowing and washing; 11
67+ (5) Cooperate or enter into agreements with any person to furnish financial 14
68+or other aid to any government or private agency or any land occupier within the district, 15
69+in carrying on erosion control and prevention operations within the district, subject to 16
70+conditions the supervisors deem necessary to advance the purposes of this subtitle; 17
6571
66- (4) Carry out preventive and control measures within the district including 12
67-engineering operations, cultivation methods, the growing of vegetation, changes in land 13
68-use, and the measures listed in § 8–102(c) of this title, on State owned or controlled land, 14
69-with the cooperation of the agency administering and having jurisdiction of them, or on any 15
70-other land within the district upon obtaining the consent of the land occupier or the 16
71-possessor of the necessary rights or interests in the land; 17
72+ (6) Obtain options upon and to acquire, by purchase, exchange, lease, gift, 18
73+grant, or otherwise, any real or personal property or rights or interests in it, which shall be 19
74+exempt from State, county, or municipal taxation; 20
7275
73- (5) Cooperate or enter into agreements with any person to furnish financial 18
74-or other aid to any government or private agency or any land occupier within the district, 19
75-in carrying on erosion control and prevention operations within the district, subject to 20
76-conditions the supervisors deem necessary to advance the purposes of this subtitle; 21
76+ (7) Maintain, administer, and improve any acquired properties, receive 21
77+income from the properties and expend the income to carry out the purposes and provisions 22
78+of this subtitle; 23
7779
78- (6) Obtain options upon and to acquire, by purchase, exchange, lease, gift, 22
79-grant, or otherwise, any real or personal property or rights or interests in it, which shall be 23
80-exempt from State, county, or municipal taxation; 24
80+ (8) Sell, lease, or otherwise dispose of its property or interests in it to 24
81+further the purposes and the provisions of this subtitle; 25
8182
82- (7) Maintain, administer, and improve any acquired properties, receive 25
83-income from the properties and expend the income to carry out the purposes and provisions 26
84-of this subtitle; 27
83+ (9) Make available to land occupiers within the district, on terms the 26
84+supervisors prescribe, agricultural and engineering machinery and equipment, fertilizer, 27
85+seeds, seedlings, and other material or equipment, to assist land occupiers in conserving 28
86+soil resources and preventing and controlling soil erosion; 29
8587
86- (8) Sell, lease, or otherwise dispose of its property or interests in it to 28
87-further the purposes and the provisions of this subtitle; 29
88+ (10) Construct, improve, and maintain structures necessary or convenient 30
89+for the performance of any of the operations authorized in this title; 31
8890
89- (9) Make available to land occupiers within the district, on terms the 30
90-supervisors prescribe, agricultural and engineering machinery and equipment, fertilizer, 31
91-seeds, seedlings, and other material or equipment, to assist land occupiers in conserving 32
92-soil resources and preventing and controlling soil erosion; 33
93-
94- (10) Construct, improve, and maintain structures necessary or convenient 34
95-for the performance of any of the operations authorized in this title; 35
91+ (11) Develop comprehensive plans for conserving soil resources and 32
92+controlling and preventing soil erosion within the district, if the plans specify in reasonable 33
93+detail, the acts, procedures, performances, and avoidances which are necessary or desirable 34
94+for the effectuation of the plans, including the specification of engineering operations, 35
95+cultivation methods, the growing of vegetation, cropping programs, tillage practices, and 36
96+changes in land use; 37
9697 SENATE BILL 176 3
9798
9899
99- (11) Develop comprehensive plans for conserving soil resources and 1
100-controlling and preventing soil erosion within the district, if the plans specify in reasonable 2
101-detail, the acts, procedures, performances, and avoidances which are necessary or desirable 3
102-for the effectuation of the plans, including the specification of engineering operations, 4
103-cultivation methods, the growing of vegetation, cropping programs, tillage practices, and 5
104-changes in land use; 6
100+ (12) Publish the plans and information and bring them to the attention of 1
101+land occupiers within the district; 2
105102
106- (12) Publish the plans and information and bring them to the attention of 7
107-land occupiers within the district; 8
103+ (13) Take over, by purchase, lease, or otherwise, and administer any soil 3
104+conservation, erosion control, or erosion prevention project located within the district 4
105+undertaken by the United States, the State, or any of their agencies; 5
108106
109- (13) Take over, by purchase, lease, or otherwise, and administer any soil 9
110-conservation, erosion control, or erosion prevention project located within the district 10
111-undertaken by the United States, the State, or any of their agencies; 11
107+ (14) Act as agent for the United States, the State, or any of their agencies, 6
108+in connection with the acquisition, construction, operation, or administration of any soil 7
109+conservation, erosion control, or erosion prevention project within its boundaries; 8
112110
113- (14) Act as agent for the United States, the State, or any of their agencies, 12
114-in connection with the acquisition, construction, operation, or administration of any soil 13
115-conservation, erosion control, or erosion prevention project within its boundaries; 14
111+ (15) Accept gifts in money, services, materials, or otherwise from the United 9
112+States, the State, or any of their agencies and to use or expend them to carry out the 10
113+operations of the districts; 11
116114
117- (15) Accept gifts in money, services, materials, or otherwise from the United 15
118-States, the State, or any of their agencies and to use or expend them to carry out the 16
119-operations of the districts; 17
115+ (16) Borrow money on its negotiable paper to carry out its powers and 12
116+duties; 13
120117
121- (16) Borrow money on its negotiable paper to carry out its powers and 18
122-duties; 19
118+ (17) Approve or disapprove plans for clearing, grading, transporting, or 14
119+otherwise distributing soil in accordance with § 4–105(a) of the Environment Article and 15
120+adopt general criteria and specific written recommendations concerning the control of 16
121+erosion and siltation of pollution associated with these activities; 17
123122
124- (17) Approve or disapprove plans for clearing, grading, transporting, or 20
125-otherwise distributing soil in accordance with § 4–105(a) of the Environment Article and 21
126-adopt general criteria and specific written recommendations concerning the control of 22
127-erosion and siltation of pollution associated with these activities; 23
123+ (18) In accordance with subsection (c) of this section: 18
128124
129- (18) In accordance with subsection (c) of this section: 24
125+ (i) Recommend a fee system to cover the cost of reviewing grading 19
126+and sediment control plans; and 20
130127
131- (i) Recommend a fee system to cover the cost of reviewing grading 25
132-and sediment control plans; and 26
128+ (ii) Recommend a fee system to cover the cost of reviewing small 21
129+pond plans; 22
133130
134- (ii) Recommend a fee system to cover the cost of reviewing small 27
135-pond plans; 28
131+ (19) Establish and implement a fee system to cover the cost of inspecting 23
132+sites with approved sediment control plans pursuant to a contractual agreement with the 24
133+Department of the Environment under § 4–103(f) of the Environment Article; 25
136134
137- (19) Establish and implement a fee system to cover the cost of inspecting 29
138-sites with approved sediment control plans pursuant to a contractual agreement with the 30
139-Department of the Environment under § 4–103(f) of the Environment Article; 31
135+ (20) (i) Sue and be sued in the name of the district; 26
140136
141- (20) (i) Sue and be sued in the name of the district; 32
137+ (ii) Have a seal which shall be judicially noticed; 27
142138
143- (ii) Have a seal which shall be judicially noticed; 33
139+ (iii) Have perpetual succession unless terminated; 28
144140
145- (iii) Have perpetual succession unless terminated; 34 4 SENATE BILL 176
141+ (iv) Make and execute contracts and other instruments necessary or 29
142+convenient to the exercise of its powers; and 30
143+
144+ (v) Adopt, amend, and repeal, rules and regulations not inconsistent 31
145+with this title, to effectuate its purposes and powers; 32
146+ 4 SENATE BILL 176
146147
147148
149+ (21) (i) Provide contracting services, equipment, and supplies to 1
150+landowners; 2
148151
149- (iv) Make and execute contracts and other instruments necessary or 1
150-convenient to the exercise of its powers; and 2
152+ (ii) Establish prices for the sale of the contracting services, 3
153+equipment, and supplies; and 4
151154
152- (v) Adopt, amend, and repeal, rules and regulations not inconsistent 3
153-with this title, to effectuate its purposes and powers; 4
155+ (iii) Promulgate any rule or regulation necessary to implement this 5
156+item; and 6
154157
155- (21) (i) Provide contracting services, equipment, and supplies to 5
156-landowners; 6
158+ (22) In addition to the powers enumerated in this title, displace or limit 7
159+economic competition in the exercise of any power specified in this title; provided that the 8
160+powers granted to a district pursuant to this paragraph shall not be construed: 9
157161
158- (ii) Establish prices for the sale of the contracting services, 7
159-equipment, and supplies; and 8
162+ (i) To grant to the district powers in any substantive area not 10
163+otherwise granted to the district by other public general or public local law; 11
160164
161- (iii) Promulgate any rule or regulation necessary to implement this 9
162-item; and 10
165+ (ii) To restrict the district from exercising any power granted to the 12
166+district by other public general or public local law or otherwise; 13
163167
164- (22) In addition to the powers enumerated in this title, displace or limit 11
165-economic competition in the exercise of any power specified in this title; provided that the 12
166-powers granted to a district pursuant to this paragraph shall not be construed: 13
168+ (iii) To authorize the district or its officers to engage in any activity 14
169+which is beyond their power under other public general law, public local law, or otherwise; 15
170+or 16
167171
168- (i) To grant to the district powers in any substantive area not 14
169-otherwise granted to the district by other public general or public local law; 15
172+ (iv) To preempt or supersede the regulatory authority of any State 17
173+department or agency under any public general law. 18
170174
171- (ii) To restrict the district from exercising any power granted to the 16
172-district by other public general or public local law or otherwise; 17
175+ (c) (1) Subject to § 8–311 of this subtitle, a fee system recommended under 19
176+subsection (b)(18) of this section shall take effect on enactment by the local governing body. 20
173177
174- (iii) To authorize the district or its officers to engage in any activity 18
175-which is beyond their power under other public general law, public local law, or otherwise; 19
176-or 20
178+ (2) Any fees collected under a fee system established in accordance with 21
179+this subsection shall be supplemental to county and State funds and may not: 22
177180
178- (iv) To preempt or supersede the regulatory authority of any State 21
179-department or agency under any public general law. 22
181+ (i) Be used to reduce county or State funds; or 23
180182
181- (c) (1) Subject to § 8–311 of this subtitle, a fee system recommended under 23
182-subsection (b)(18) of this section shall take effect on enactment by the local governing body. 24
183+ (ii) As applicable, exceed the cost of reviewing: 24
183184
184- (2) Any fees collected under a fee system established in accordance with 25
185-this subsection shall be supplemental to county and State funds and may not: 26
185+ 1. Grading and sediment control plans; or 25
186186
187- (i) Be used to reduce county or State funds; or 27
187+ 2. Small pond plans. 26
188188
189- (ii) As applicable, exceed the cost of reviewing: 28
189+ (d) (1) Subject to paragraph (2) of this subsection, the supervisor shall 27
190+maintain information from a soil conservation and water quality plan in a manner that 28
191+protects the identity of the person for whom the plan is prepared. 29
190192
191- 1. Grading and sediment control plans; or 29
192-
193- 2. Small pond plans. 30
193+ (2) The supervisor shall make a soil conservation and water quality plan 30
194+available to: 31
194195 SENATE BILL 176 5
195196
196197
197- (d) (1) Subject to paragraph (2) of this subsection, the supervisor shall 1
198-maintain information from a soil conservation and water quality plan in a manner that 2
199-protects the identity of the person for whom the plan is prepared. 3
198+ (i) The Department of the Environment for enforcement action 1
199+under § 4–413 of the Environment Article; and 2
200200
201- (2) The supervisor shall make a soil conservation and water quality plan 4
202-available to: 5
201+ (ii) The Department, [which may use the information for statistical 3
202+purposes] FOR: 4
203203
204- (i) The Department of the Environment for enforcement action 6
205-under § 4–413 of the Environment Article; and 7
204+ 1. ENFORCEMENT ACTION UN DER SUBTITLE 8 OF THIS 5
205+TITLE; AND 6
206206
207- (ii) The Department, [which may use the information for statistical 8
208-purposes] FOR: 9
207+ 2. STATISTICAL PURPOSES . 7
209208
210- 1. ENFORCEMENT ACTION UN DER SUBTITLE 8 OF THIS 10
211-TITLE; AND 11
209+ (3) The Department shall: 8
212210
213- 2. STATISTICAL PURPOSES . 12
211+ (i) Maintain the information in the manner that protects the 9
212+identity of the person for whom the plan is prepared; and 10
214213
215- (3) The Department shall: 13
214+ (ii) Make any information from a plan available to the Department 11
215+of the Environment to support the development of a compliance or enforcement case for 12
216+purposes of addressing an existing water quality problem in accordance with procedures 13
217+established between the departments and the State Soil Conservation Committee. 14
216218
217- (i) Maintain the information in the manner that protects the 14
218-identity of the person for whom the plan is prepared; and 15
219+ (e) As a condition to extending any benefit of this title to any land not owned or 15
220+controlled by the State or any of its agencies, or to performing work on them, the 16
221+supervisors may require contributions in money, services, materials, or otherwise to any 17
222+operations conferring benefits, and may require the land occupier to enter into and perform 18
223+agreements or covenants concerning the permanent use of the land as tends to prevent or 19
224+control erosion. 20
219225
220- (ii) Make any information from a plan available to the Department 16
221-of the Environment to support the development of a compliance or enforcement case for 17
222-purposes of addressing an existing water quality problem in accordance with procedures 18
223-established between the departments and the State Soil Conservation Committee. 19
226+ (f) The supervisors of two or more districts may cooperate with one another in 21
227+the exercise of any powers conferred by this title. 22
224228
225- (e) As a condition to extending any benefit of this title to any land not owned or 20
226-controlled by the State or any of its agencies, or to performing work on them, the 21
227-supervisors may require contributions in money, services, materials, or otherwise to any 22
228-operations conferring benefits, and may require the land occupier to enter into and perform 23
229-agreements or covenants concerning the permanent use of the land as tends to prevent or 24
230-control erosion. 25
229+ (g) No provision relating to acquisition, operation, or disposition of property by 23
230+other public bodies is applicable to a district, unless the provision specifically so states. 24
231231
232- (f) The supervisors of two or more districts may cooperate with one another in 26
233-the exercise of any powers conferred by this title. 27
234-
235- (g) No provision relating to acquisition, operation, or disposition of property by 28
236-other public bodies is applicable to a district, unless the provision specifically so states. 29
237-
238- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
239-October 1, 2025. 31
232+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
233+October 1, 2025. 26