Maryland 2025 Regular Session

Maryland Senate Bill SB42 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[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.
8	5		sb0042
9	6
10	7		SENATE BILL 42
11	8		M3 5lr1298
12	9		(PRE–FILED)
13	10		By: Senator M. Washington
14	11		Requested: October 22, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Education, Energy, and the Environment
17		-	Committee Report: Favorable
18		-	Senate action: Adopted
19		-	Read second time: February 12, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Environment – Interjurisdictional Watersheds – Flood Management 2
26	20
27	21		FOR the purpose of requiring the Department of the Environment to designate certain 3
28	22		watersheds and all their headwaters and tributaries as interjurisdictional flood 4
29	23		hazard watersheds; and generally relating to interjurisdictional watersheds and 5
30	24		flood management. 6
31	25
32	26		BY repealing and reenacting, with amendments, 7
33	27		Article – Environment 8
34	28		Section 5–801 and 5–803(d) and (e) 9
35	29		Annotated Code of Maryland 10
36	30		(2013 Replacement Volume and 2024 Supplement) 11
37	31
38	32		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39	33		That the Laws of Maryland read as follows: 13
40	34
41	35		Article – Environment 14
42	36
43	37		5–801. 15
44	38
45	39		(a) In this subtitle the following terms have the meanings indicated. 16
46		-	2 SENATE BILL 42
47	40
	41	+	(b) “Area of nontidal inundation” means an area within the State which is subject 17
	42	+	to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, 18
	43	+	or both. 19
48	44
49		-	(b) “Area of nontidal inundation” means an area within the State which is subject 1
50		-	to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, 2
51		-	or both. 3
	45	+	(c) “Area of tidal inundation” means an area within the State which is subject to 20
	46	+	inundation caused predominately by tides or wind–driven waters, or both. 21
52	47
53		-	(c) “Area of tidal inundation” means an area within the State which is subject to 4
54		-	inundation caused predominately by tides or wind–driven waters, or both. 5
55		-
56		-	(d) “Department” means the Department of the Environment. 6
57		-
58		-	(e) “Federal flood insurance program” means the program established by the 7
59		-	National Flood Insurance Act of 1968, as amended. 8
60		-
61		-	(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting 9
62		-	from a 100–year flood event and established pursuant to the provisions of § 5–803 of this 10
63		-	subtitle. 11
64		-
65		-	(G) “HEADWATER STREAM ” MEANS: 12
66		-
67		-	(1) THE SOURCE OF A STREA M OR RIVER, LOCATED AT THE FURTH EST 13
68		-	POINT FROM WHERE THE WATER BODY EMPTIES O R MERGES WITH ANOTHE R; OR 14
69		-
70		-	(2) A SMALL STREAM OR WETLAND AT THE HIGHEST END OF A 15
71		-	WATERSHED . 16
72		-
73		-	(H) “INTERJURISDICTIONAL W ATERSHED” MEANS AN AREA OF LAN D 17
74		-	SITUATED ON TWO OR M ORE JURISDICTIONS TH AT DRAINS ALL THE ST REAMS AND 18
75		-	RAINFALL TO A COMMON OUTLET, SUCH AS THE OUTFLOW OF A RESERVOIR , MOUTH 19
76		-	OF A BAY, OR ANY POINT ALONG A STREAM CHANNEL . 20
77		-
78		-	[(g)] (I) “100–year flood event” or “100–year flood” means a flood that has a 1% 21
79		-	chance of being equalled or exceeded in any given year. 22
80		-
81		-	[(h)] (J) “Secretary” means the Secretary of the Environment. 23
82		-
83		-	[(i)] (K) “Subdivision” means: 24
84		-
85		-	(1) Any county, including Baltimore City; and 25
86		-
87		-	(2) Any incorporated municipality which has the authority to adopt and 26
88		-	enforce land use and control measures for the areas within its jurisdiction. 27
89		-
90		-	5–803. 28
91		-
92		-	(d) (1) (I) By July 1, 1990 each subdivision, in cooperation with the 29
93		-	Departments of the Environment and Agriculture, the Department of Planning, and other 30
94		-	appropriate State agencies, shall prepare a flood management plan based upon an 31 SENATE BILL 42 3
95		-
96		-
97		-	evaluation of the alternative management techniques and other findings included in 1
98		-	studies conducted under subsection (b) of this section. 2
99		-
100		-	(II) Each flood management plan shall be consistent with the 3
101		-	purposes and provisions of this subtitle. 4
102		-
103		-	(2) Management techniques may include: 5
104		-
105		-	(i) Flood control dams; 6
106		-
107		-	(ii) Levees and dikes; 7
108		-
109		-	(iii) Stormwater detention or retention structures; 8
110		-
111		-	(iv) Public acquisition; 9
112		-
113		-	(v) Flood proofing; 10
114		-
115		-	(vi) Storm drain and stream maintenance; 11
116		-
117		-	(vii) Tax adjustment policies; 12
118		-
119		-	(viii) Subdivision, zoning, and related ordinances; and 13
120		-
121		-	(ix) Other practical methods. 14
122		-
123		-	(3) Management techniques shall include flood warning systems. 15
124		-
125		-	(e) (1) (I) In any interjurisdictional watershed, those portions of the flood 16
126		-	management plans of the subdivisions relating to the watershed shall be subject to review 17
127		-	and approval by the Department as one plan. 18
128		-
129		-	(II) THE DEPARTMENT SHALL DESIGNATE AT LEAST THE 19
130		-	FOLLOWING WATERSHEDS A ND ALL THEIR HEADWAT ERS AND TRIBUTARIES AS 20
131		-	INTERJURISDICTIONAL FLOOD HAZARD WATERSHEDS : 21
132		-
133		-	1. CARROLL CREEK IN FREDERICK CITY AND 22
134		-	FREDERICK COUNTY; 23
135		-
136		-	2. GWYNNS FALLS IN BALTIMORE CITY AND 24
137		-	BALTIMORE COUNTY; 25
138		-
139		-	3. JONES FALLS IN BALTIMORE CITY AND BALTIMORE 26
140		-	COUNTY; AND 27
141		-	4 SENATE BILL 42
142		-
143		-
144		-	4. HERRING RUN, INCLUDING THE HERRING RUN 1
145		-	STREAM IN BALTIMORE CITY AND THE HERRING RUN HEADWATERS IN BALTIMORE 2
146		-	COUNTY. 3
147		-
148		-	(2) (I) Any comprehensive flood management plan which includes a 4
149		-	project for which grant funds are requested under this section is subject to review and 5
150		-	approval by the Department. 6
151		-
152		-	(II) If a plan is disapproved, the Secretary shall set forth in writing 7
153		-	the reason for disapproval. 8
154		-
155		-	(III) Disapproval of a plan shall be based only on flood management 9
156		-	considerations. 10
157		-
158		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
159		-	October 1, 2025. 12
	48	+	(d) “Department” means the Department of the Environment. 22 2 SENATE BILL 42
160	49
161	50
162	51
163		-	Approved:
164		-	________________________________________________________________________________
165		-	Governor.
166		-	________________________________________________________________________________
167		-	President of the Senate.
168		-	________________________________________________________________________________
169		-	Speaker of the House of Delegates.
	52	+	(e) “Federal flood insurance program” means the program established by the 1
	53	+	National Flood Insurance Act of 1968, as amended. 2
	54	+
	55	+	(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting 3
	56	+	from a 100–year flood event and established pursuant to the provisions of § 5–803 of this 4
	57	+	subtitle. 5
	58	+
	59	+	(G) “HEADWATER STREAM ” MEANS: 6
	60	+
	61	+	(1) THE SOURCE OF A STREA M OR RIVER, LOCATED AT THE FURTH EST 7
	62	+	POINT FROM WHERE THE WATER BODY EMPTIES O R MERGES WITH ANOTHE R; OR 8
	63	+
	64	+	(2) A SMALL STREAM OR WETL AND AT THE HIGHEST E ND OF A 9
	65	+	WATERSHED . 10
	66	+
	67	+	(H) “INTERJURISDICTIONAL W ATERSHED” MEANS AN AREA OF LAN D 11
	68	+	SITUATED ON TWO OR M ORE JURISDICTIONS TH AT DRAINS ALL THE ST REAMS AND 12
	69	+	RAINFALL TO A COMMON OUTLET, SUCH AS THE OUTFLOW OF A RESERVOIR , MOUTH 13
	70	+	OF A BAY, OR ANY POINT ALONG A STREAM CHANNEL . 14
	71	+
	72	+	[(g)] (I) “100–year flood event” or “100–year flood” means a flood that has a 1% 15
	73	+	chance of being equalled or exceeded in any given year. 16
	74	+
	75	+	[(h)] (J) “Secretary” means the Secretary of the Environment. 17
	76	+
	77	+	[(i)] (K) “Subdivision” means: 18
	78	+
	79	+	(1) Any county, including Baltimore City; and 19
	80	+
	81	+	(2) Any incorporated municipality which has the authority to adopt and 20
	82	+	enforce land use and control measures for the areas within its jurisdiction. 21
	83	+
	84	+	5–803. 22
	85	+
	86	+	(d) (1) (I) By July 1, 1990 each subdivision, in cooperation with the 23
	87	+	Departments of the Environment and Agriculture, the Department of Planning, and other 24
	88	+	appropriate State agencies, shall prepare a flood management plan based upon an 25
	89	+	evaluation of the alternative management techniques and other findings included in 26
	90	+	studies conducted under subsection (b) of this section. 27
	91	+
	92	+	(II) Each flood management plan shall be consistent with the 28
	93	+	purposes and provisions of this subtitle. 29
	94	+
	95	+	(2) Management techniques may include: 30 SENATE BILL 42 3
	96	+
	97	+
	98	+
	99	+	(i) Flood control dams; 1
	100	+
	101	+	(ii) Levees and dikes; 2
	102	+
	103	+	(iii) Stormwater detention or retention structures; 3
	104	+
	105	+	(iv) Public acquisition; 4
	106	+
	107	+	(v) Flood proofing; 5
	108	+
	109	+	(vi) Storm drain and stream maintenance; 6
	110	+
	111	+	(vii) Tax adjustment policies; 7
	112	+
	113	+	(viii) Subdivision, zoning, and related ordinances; and 8
	114	+
	115	+	(ix) Other practical methods. 9
	116	+
	117	+	(3) Management techniques shall include flood warning systems. 10
	118	+
	119	+	(e) (1) (I) In any interjurisdictional watershed, those portions of the flood 11
	120	+	management plans of the subdivisions relating to the watershed shall be subject to review 12
	121	+	and approval by the Department as one plan. 13
	122	+
	123	+	(II) THE DEPARTMENT SHALL DESIGNATE AT LEAST THE 14
	124	+	FOLLOWING WATERSHEDS AND ALL THEIR HEADWA TERS AND TRIBUTARIES AS 15
	125	+	INTERJURISDICTIONAL FLOOD HAZARD WATERSHEDS : 16
	126	+
	127	+	1. CARROLL CREEK IN FREDERICK CITY AND 17
	128	+	FREDERICK COUNTY; 18
	129	+
	130	+	2. GWYNNS FALLS IN BALTIMORE CITY AND 19
	131	+	BALTIMORE COUNTY; 20
	132	+
	133	+	3. JONES FALLS IN BALTIMORE CITY AND BALTIMORE 21
	134	+	COUNTY; AND 22
	135	+
	136	+	4. HERRING RUN, INCLUDING THE HERRING RUN 23
	137	+	STREAM IN BALTIMORE CITY AND THE HERRING RUN HEADWATERS IN BALTIMORE 24
	138	+	COUNTY. 25
	139	+
	140	+	(2) (I) Any comprehensive flood management plan which includes a 26
	141	+	project for which grant funds are requested under this section is subject to review and 27
	142	+	approval by the Department. 28 4 SENATE BILL 42
	143	+
	144	+
	145	+
	146	+	(II) If a plan is disapproved, the Secretary shall set forth in writing 1
	147	+	the reason for disapproval. 2
	148	+
	149	+	(III) Disapproval of a plan shall be based only on flood management 3
	150	+	considerations. 4
	151	+
	152	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
	153	+	October 1, 2025. 6