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.
*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
Committee Report: Favorable
Senate action: Adopted
Read second time: February 12, 2025
CHAPTER ______
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
2 SENATE BILL 42
(b) “Area of nontidal inundation” means an area within the State which is subject 1
to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, 2
or both. 3
(c) “Area of tidal inundation” means an area within the State which is subject to 4
inundation caused predominately by tides or wind–driven waters, or both. 5
(d) “Department” means the Department of the Environment. 6
(e) “Federal flood insurance program” means the program established by the 7
National Flood Insurance Act of 1968, as amended. 8
(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting 9
from a 100–year flood event and established pursuant to the provisions of § 5–803 of this 10
subtitle. 11
(G) “HEADWATER STREAM ” MEANS: 12
(1) THE SOURCE OF A STREA M OR RIVER, LOCATED AT THE FURTH EST 13
POINT FROM WHERE THE WATER BODY EMPTIES O R MERGES WITH ANOTHE R; OR 14
(2) A SMALL STREAM OR WETLAND AT THE HIGHEST END OF A 15
WATERSHED . 16
(H) “INTERJURISDICTIONAL W ATERSHED” MEANS AN AREA OF LAN D 17
SITUATED ON TWO OR M ORE JURISDICTIONS TH AT DRAINS ALL THE ST REAMS AND 18
RAINFALL TO A COMMON OUTLET, SUCH AS THE OUTFLOW OF A RESERVOIR , MOUTH 19
OF A BAY, OR ANY POINT ALONG A STREAM CHANNEL . 20
[(g)] (I) “100–year flood event” or “100–year flood” means a flood that has a 1% 21
chance of being equalled or exceeded in any given year. 22
[(h)] (J) “Secretary” means the Secretary of the Environment. 23
[(i)] (K) “Subdivision” means: 24
(1) Any county, including Baltimore City; and 25
(2) Any incorporated municipality which has the authority to adopt and 26
enforce land use and control measures for the areas within its jurisdiction. 27
5–803. 28
(d) (1) (I) By July 1, 1990 each subdivision, in cooperation with the 29
Departments of the Environment and Agriculture, the Department of Planning, and other 30
appropriate State agencies, shall prepare a flood management plan based upon an 31 SENATE BILL 42 3
evaluation of the alternative management techniques and other findings included in 1
studies conducted under subsection (b) of this section. 2
(II) Each flood management plan shall be consistent with the 3
purposes and provisions of this subtitle. 4
(2) Management techniques may include: 5
(i) Flood control dams; 6
(ii) Levees and dikes; 7
(iii) Stormwater detention or retention structures; 8
(iv) Public acquisition; 9
(v) Flood proofing; 10
(vi) Storm drain and stream maintenance; 11
(vii) Tax adjustment policies; 12
(viii) Subdivision, zoning, and related ordinances; and 13
(ix) Other practical methods. 14
(3) Management techniques shall include flood warning systems. 15
(e) (1) (I) In any interjurisdictional watershed, those portions of the flood 16
management plans of the subdivisions relating to the watershed shall be subject to review 17
and approval by the Department as one plan. 18
(II) THE DEPARTMENT SHALL DESIGNATE AT LEAST THE 19
FOLLOWING WATERSHEDS A ND ALL THEIR HEADWAT ERS AND TRIBUTARIES AS 20
INTERJURISDICTIONAL FLOOD HAZARD WATERSHEDS : 21
1. CARROLL CREEK IN FREDERICK CITY AND 22
FREDERICK COUNTY; 23
2. GWYNNS FALLS IN BALTIMORE CITY AND 24
BALTIMORE COUNTY; 25
3. JONES FALLS IN BALTIMORE CITY AND BALTIMORE 26
COUNTY; AND 27
4 SENATE BILL 42
4. HERRING RUN, INCLUDING THE HERRING RUN 1
STREAM IN BALTIMORE CITY AND THE HERRING RUN HEADWATERS IN BALTIMORE 2
COUNTY. 3
(2) (I) Any comprehensive flood management plan which includes a 4
project for which grant funds are requested under this section is subject to review and 5
approval by the Department. 6
(II) If a plan is disapproved, the Secretary shall set forth in writing 7
the reason for disapproval. 8
(III) Disapproval of a plan shall be based only on flood management 9
considerations. 10
SECTION 2. 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.