Maryland 2025 2025 Regular Session

Maryland Senate Bill SB266 Enrolled / Bill

Filed 04/04/2025

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