EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0266*
SENATE BILL 266
C8, L6, M3 5lr0319
(PRE–FILED) CF HB 286
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Planning)
Requested: October 6, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 4, 2025
CHAPTER ______
AN ACT concerning 1
Local Comprehensive Planning and State Economic Growth, Resource 2
Protection, and Planning Policy – Planning Principles 3
FOR the purpose of providing that certain planning principles are intended to accomplish 4
certain goals and that certain goals are to be accomplished with certain public 5
participation; altering the planning visions for local comprehensive planning to 6
consist of certain planning principles; altering the State Economic Growth, Resource 7
Protection, and Planning Policy to consist of certain planning principles; requiring 8
the publisher of the Annotated Code of Maryland, in consultation with the 9
Department of Legislative Services, to correct cross–references and terminology in 10
the Code that are rendered incorrect by this Act; and generally relating to local 11
comprehensive planning and the State Economic Growth, Resource Protection, and 12
Planning Policy. 13
BY repealing and reenacting, with amendments, 14
Article – Land Use 15
Section 1–201 16
Annotated Code of Maryland 17
(2012 Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – State Finance and Procurement 20
Section 5–7A–01 and 5–7B–05(a)(3) 21 2 SENATE BILL 266
Annotated Code of Maryland 1
(2021 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Land Use 5
1–201. 6
(A) (1) THE PLANNING PRINCIPL ES UNDER SUBSECTION (B) OF THIS 7
SECTION ARE COLLECTI VELY INTENDED TO CRE ATE SUSTAINABLE COMM UNITIES 8
AND TO PROTECT THE ENVIR ONMENT IN ORDER TO F OSTER A HIGH QUALITY OF LIFE 9
FOR ALL RESIDENTS OF THE STATE. 10
(2) TO ACCOMPLISH THE GOA LS UNDER PARAGRAPH (1) OF THIS 11
SUBSECTION, RESIDENTS SHOULD BE ACTIVE PARTNERS IN T HE PLANNING AND 12
IMPLEMENTATION OF CO MMUNITY INITIATIVES AND SENS ITIVE TO THEIR 13
RESPONSIBILITIES AS STEWARDS IN BALANCIN G AND ACHIEVING COMM UNITY 14
GOALS. 15
(B) In addition to the requirements of § 3–201(a) and (b) of this article, a planning 16
commission shall implement the following [visions] PLANNING PRINCIPLES through the 17
comprehensive plan described in Title 3 of this article: 18
[(1) quality of life and sustainability: a high quality of life is achieved 19
through universal stewardship of the land, water, and air resulting in sustainable 20
communities and protection of the environment; 21
(2) public participation: citizens are active partners in the planning and 22
implementation of community initiatives and are sensitive to their responsibilities in 23
achieving community goals; 24
(3) growth areas: growth is concentrated in existing population and 25
business centers, growth areas adjacent to these centers, or strategically selected new 26
centers; 27
(4) community design: compact, mixed–use, walkable design consistent 28
with existing community character and located near available or planned transit options is 29
encouraged to ensure efficient use of land and transportation resources and preservation 30
and enhancement of natural systems, open spaces, recreational areas, and historical, 31
cultural, and archaeological resources; 32
(5) infrastructure: growth areas have the water resources and 33
infrastructure to accommodate population and business expansion in an orderly, efficient, 34
and environmentally sustainable manner; 35 SENATE BILL 266 3
(6) transportation: a well–maintained, multimodal transportation system 1
facilitates the safe, convenient, affordable, and efficient movement of people, goods, and 2
services within and between population and business centers; 3
(7) housing: a range of housing densities, types, and sizes provides 4
residential options for citizens of all ages and incomes; 5
(8) economic development: economic development and natural 6
resource–based businesses that promote employment opportunities for all income levels 7
within the capacity of the State’s natural resources, public services, and public facilities are 8
encouraged; 9
(9) environmental protection: land and water resources, including the 10
Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air 11
and water, natural systems, and living resources; 12
(10) resource conservation: waterways, forests, agricultural areas, open 13
space, natural systems, and scenic areas are conserved; 14
(11) stewardship: government, business entities, and residents are 15
responsible for the creation of sustainable communities by collaborating to balance efficient 16
growth with resource protection; and 17
(12) implementation: strategies, policies, programs, and funding for growth 18
and development, resource conservation, infrastructure, and transportation are integrated 19
across the local, regional, State, and interstate levels to achieve these visions.] 20
(1) LAND: OPTIMIZE LAND PRODUCTIVITY OF WORKING LANDSCAPE S, 21
INCLUDING FARMS AND FORESTS, AND FISHERIES, AND PRIORITIZE DEVEL OPMENT 22
WITHIN POPULATION CE NTERS AND THAT ARE IN PROXIMITY TO EXISTIN G 23
INFRASTRUCTURE AND F ACILITIES; 24
(2) TRANSPORTATION : PRIORITIZE TRANSPORT ATION NETWORKS 25
THAT CREATE ENERGY E FFICIENT, AFFORDABLE , AND RELIABLE ACCESS TO JOBS, 26
HOUSING, AND SERVICES; 27
(3) HOUSING: ENABLE A MIX OF QUAL ITY HOUSING TYP ES AND 28
AFFORDABILITY OPTION S TO ACCOMMODATE ALL WHO WANT TO LIVE IN THE STATE; 29
(4) ECONOMY: ALLOW FOR ADAPTIVE R EUSE, MIXED–USE, AND 30
CONTEXT APPROPRIATE NEW DEVELOPMENT THAT RESPONDS TO CHANGING 31
MARKETS AND INNOVATI ONS; 32
4 SENATE BILL 266
(5) EQUITY: ENGAGE ALL SECTORS OF THE COMMUNITY IN PLAN 1
DEVELOPMENT TO ENSUR E DIVERSE VOICES ARE HEARD AND THE NEEDS OF 2
UNDERSERVED POPULATI ONS ARE PRIORITIZED ; 3
(6) RESILIENCE: INTEGRATE RESILIENCY MEASURES THAT WILL 4
MINIMIZE THE IMPACTS OF RAPID AND UNEXPEC TED NATURAL – AND 5
HUMAN–CAUSED THREATS ON COM MUNITIES; 6
(7) PLACE: PROVIDE FOR PUBLIC S PACES THAT ENCOURAGE SOCIAL 7
INTERACTION AND VALU E CULTURAL, HISTORICAL, AND NATURAL RESOURCE S; AND 8
(8) ECOLOGY: PROTECT AND RESTORE SENSITIVE ECOLOGICAL 9
SYSTEMS. 10
Article – State Finance and Procurement 11
5–7A–01. 12
The State Economic Growth, Resource Protection, and Planning Policy [is the 13
following] CONSISTS OF THE FOLL OWING PLANNING PRINC IPLES FOR ADVANCING 14
SUSTAINABLE GROWTH I N THE STATE: 15
[(1) quality of life and sustainability: a high quality of life is achieved 16
through universal stewardship of the land, water, and air resulting in sustainable 17
communities and protection of the environment; 18
(2) public participation: citizens are active partners in the planning and 19
implementation of community initiatives and are sensitive to their responsibilities in 20
achieving community goals; 21
(3) growth areas: growth is concentrated in existing population and 22
business centers, growth areas adjacent to these centers, or strategically selected new 23
centers; 24
(4) community design: compact, mixed–use, walkable design consistent 25
with existing community character and located near available or planned transit options is 26
encouraged to ensure efficient use of land and transportation resources and preservation 27
and enhancement of natural systems, open spaces, recreational areas, and historical, 28
cultural, and archeological resources; 29
(5) infrastructure: growth areas have the water resources and 30
infrastructure to accommodate population and business expansion in an orderly, efficient, 31
and environmentally sustainable manner; 32
SENATE BILL 266 5
(6) transportation: a well–maintained, multimodal transportation system 1
facilitates the safe, convenient, affordable, and efficient movement of people, goods, and 2
services within and between population and business centers; 3
(7) housing: a range of housing densities, types, and sizes provides 4
residential options for citizens of all ages and incomes; 5
(8) economic development: economic development and natural 6
resource–based businesses that promote employment opportunities for all income levels 7
within the capacity of the State’s natural resources, public services, and public facilities are 8
encouraged; 9
(9) environmental protection: land and water resources, including the 10
Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air 11
and water, natural systems, and living resources; 12
(10) resource conservation: waterways, forests, agricultural areas, open 13
space, natural systems, and scenic areas are conserved; 14
(11) stewardship: government, business entities, and residents are 15
responsible for the creation of sustainable communities by collaborating to balance efficient 16
growth with resource protection; and 17
(12) implementation: strategies, policies, programs, and funding for growth 18
and development, resource conservation, infrastructure, and transportation are integrated 19
across the local, regional, State, and interstate levels to achieve these visions.] 20
(1) LAND: OPTIMIZE LAND PRODUCTIVITY OF WORKING LANDSCAP ES, 21
INCLUDING FARMS AND FORESTS, AND FISHERIES, AND PRIORITIZE DEVEL OPMENT 22
WITHIN POPULATION CE NTERS AND THAT ARE IN PROXIMITY TO EXIS TING 23
INFRASTRUCTURE AND F ACILITIES; 24
(2) TRANSPORTATION : PRIORITIZE TRANSPORT ATION NETWORKS 25
THAT CREATE ENERGY EFFICIENT, AFFORDABLE , AND RELIABLE ACCESS TO JOBS, 26
HOUSING, AND SERVICES; 27
(3) HOUSING: ENABLE A MIX OF QUAL ITY HOUSING TYPES AN D 28
AFFORDABILITY OPTION S TO ACCOMMODATE ALL WHO WANT TO LIVE IN THE STATE; 29
(4) ECONOMY: ALLOW FOR ADAPTIVE R EUSE, MIXED–USE, AND 30
CONTEXT APPROPRIATE NEW DEVELOPMENT THAT RESPONDS TO CHANGING 31
MARKETS AND INNOVATI ONS; 32
(5) EQUITY: ENGAGE ALL SECTORS O F THE COMMUNITY IN P LAN 33
DEVELOPMENT TO ENSUR E DIVERSE VOICES ARE HEARD AND THE NEEDS OF 34
UNDERSERVED POPULATI ONS ARE PRIORITIZED ; 35 6 SENATE BILL 266
(6) RESILIENCE: INTEGRATE RESILIENCY MEASURES THAT WILL 1
MINIMIZE THE IMPACTS OF RAPID AND UNEXPEC TED NATURAL – AND 2
HUMAN–CAUSED THREATS ON CO MMUNITIES; 3
(7) PLACE: PROVIDE FOR PUBLIC S PACES THAT ENCOURAGE SOCIAL 4
INTERACTION AND VALU E CULTURAL, HISTORICAL, AND NATURAL RESOURCE S; AND 5
(8) ECOLOGY: PROTECT AND RESTORE SENSITIVE ECOLOGICAL 6
SYSTEMS. 7
5–7B–05. 8
(a) (3) The Board of Public Works may approve a transportation project under 9
paragraph (1)(ii) of this subsection if the transportation project: 10
(i) maintains the existing transportation system, if the Department 11
of Transportation and the Department of Planning determine the project does not serve to 12
significantly increase highway capacity; 13
(ii) serves to connect priority funding areas, if: 14
1. the Department of Transportation and the Department of 15
Planning determine that adequate access control or other measures are in place to: 16
A. prevent development that is inconsistent with § 17
[5–7A–01(1), (2), and (3)] 5–7A–01 of this title; and 18
B. maintain the viability of the project while concomitantly 19
constraining development which potentially detracts from main street business areas; and 20
2. the Department of Transportation and the Department of 21
Planning have first determined whether alternative transportation modes, such as mass 22
transit and transportation demand management, provide a reasonable alternative to the 23
project and that no reasonable alternative exists; 24
(iii) has the sole purpose of providing control of access by the 25
Department of Transportation along an existing highway corridor; or 26
(iv) due to its operational or physical characteristics, must be located 27
away from other development. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the publisher of th e 29
Annotated Code of Maryland, in consultation with and subject to the approval of the 30
Department of Legislative Services, shall correct, with no further action required by the 31
General Assembly, cross–references and terminology rendered incorrect by this Act. The 32 SENATE BILL 266 7
publisher shall adequately describe any correction that is made in an editor’s note following 1
the section affected. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.