EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0042*
SENATE BILL 42
M3 5lr1298
(PRE–FILED)
By: Senator M. Washington
Requested: October 22, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Interjurisdictional Watersheds – Flood Management 2
FOR the purpose of requiring the Department of the Environment to designate certain 3
watersheds and all their headwaters and tributaries as interjurisdictional flood 4
hazard watersheds; and generally relating to interjurisdictional watersheds and 5
flood management. 6
BY repealing and reenacting, with amendments, 7
Article – Environment 8
Section 5–801 and 5–803(d) and (e) 9
Annotated Code of Maryland 10
(2013 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Environment 14
5–801. 15
(a) In this subtitle the following terms have the meanings indicated. 16
(b) “Area of nontidal inundation” means an area within the State which is subject 17
to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, 18
or both. 19
(c) “Area of tidal inundation” means an area within the State which is subject to 20
inundation caused predominately by tides or wind–driven waters, or both. 21
(d) “Department” means the Department of the Environment. 22 2 SENATE BILL 42
(e) “Federal flood insurance program” means the program established by the 1
National Flood Insurance Act of 1968, as amended. 2
(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting 3
from a 100–year flood event and established pursuant to the provisions of § 5–803 of this 4
subtitle. 5
(G) “HEADWATER STREAM ” MEANS: 6
(1) THE SOURCE OF A STREA M OR RIVER, LOCATED AT THE FURTH EST 7
POINT FROM WHERE THE WATER BODY EMPTIES O R MERGES WITH ANOTHE R; OR 8
(2) A SMALL STREAM OR WETL AND AT THE HIGHEST E ND OF A 9
WATERSHED . 10
(H) “INTERJURISDICTIONAL W ATERSHED” MEANS AN AREA OF LAN D 11
SITUATED ON TWO OR M ORE JURISDICTIONS TH AT DRAINS ALL THE ST REAMS AND 12
RAINFALL TO A COMMON OUTLET, SUCH AS THE OUTFLOW OF A RESERVOIR , MOUTH 13
OF A BAY, OR ANY POINT ALONG A STREAM CHANNEL . 14
[(g)] (I) “100–year flood event” or “100–year flood” means a flood that has a 1% 15
chance of being equalled or exceeded in any given year. 16
[(h)] (J) “Secretary” means the Secretary of the Environment. 17
[(i)] (K) “Subdivision” means: 18
(1) Any county, including Baltimore City; and 19
(2) Any incorporated municipality which has the authority to adopt and 20
enforce land use and control measures for the areas within its jurisdiction. 21
5–803. 22
(d) (1) (I) By July 1, 1990 each subdivision, in cooperation with the 23
Departments of the Environment and Agriculture, the Department of Planning, and other 24
appropriate State agencies, shall prepare a flood management plan based upon an 25
evaluation of the alternative management techniques and other findings included in 26
studies conducted under subsection (b) of this section. 27
(II) Each flood management plan shall be consistent with the 28
purposes and provisions of this subtitle. 29
(2) Management techniques may include: 30 SENATE BILL 42 3
(i) Flood control dams; 1
(ii) Levees and dikes; 2
(iii) Stormwater detention or retention structures; 3
(iv) Public acquisition; 4
(v) Flood proofing; 5
(vi) Storm drain and stream maintenance; 6
(vii) Tax adjustment policies; 7
(viii) Subdivision, zoning, and related ordinances; and 8
(ix) Other practical methods. 9
(3) Management techniques shall include flood warning systems. 10
(e) (1) (I) In any interjurisdictional watershed, those portions of the flood 11
management plans of the subdivisions relating to the watershed shall be subject to review 12
and approval by the Department as one plan. 13
(II) THE DEPARTMENT SHALL DESIGNATE AT LEAST THE 14
FOLLOWING WATERSHEDS AND ALL THEIR HEADWA TERS AND TRIBUTARIES AS 15
INTERJURISDICTIONAL FLOOD HAZARD WATERSHEDS : 16
1. CARROLL CREEK IN FREDERICK CITY AND 17
FREDERICK COUNTY; 18
2. GWYNNS FALLS IN BALTIMORE CITY AND 19
BALTIMORE COUNTY; 20
3. JONES FALLS IN BALTIMORE CITY AND BALTIMORE 21
COUNTY; AND 22
4. HERRING RUN, INCLUDING THE HERRING RUN 23
STREAM IN BALTIMORE CITY AND THE HERRING RUN HEADWATERS IN BALTIMORE 24
COUNTY. 25
(2) (I) Any comprehensive flood management plan which includes a 26
project for which grant funds are requested under this section is subject to review and 27
approval by the Department. 28 4 SENATE BILL 42
(II) If a plan is disapproved, the Secretary shall set forth in writing 1
the reason for disapproval. 2
(III) Disapproval of a plan shall be based only on flood management 3
considerations. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6