Maryland 2025 Regular Session

Maryland Senate Bill SB637 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0637
6	6
7	7	SENATE BILL 637
8	8	M3 5lr2979
9	9	CF 5lr2977
10	10	By: Senators Hershey and Bailey
11	11	Introduced and read first time: January 25, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State and Private Wetlands – Nonwater–Dependent Project – Definition 2
19	19
20	20	FOR the purpose of establishing that a certain vessel is not a nonwater–dependent project 3
21	21	for the purpose of certain provisions of law regarding construction on State or private 4
22	22	wetlands; and generally relating to State and private wetlands. 5
23	23
24	24	BY repealing and reenacting, without amendments, 6
25	25	Article – Environment 7
26	26	Section 16–101(a) and 16–104(b) and (c) 8
27	27	Annotated Code of Maryland 9
28	28	(2014 Replacement Volume and 2024 Supplement) 10
29	29
30	30	BY repealing and reenacting, with amendments, 11
31	31	Article – Environment 12
32	32	Section 16–101(i) 13
33	33	Annotated Code of Maryland 14
34	34	(2014 Replacement Volume and 2024 Supplement) 15
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
37	37	That the Laws of Maryland read as follows: 17
38	38
39	39	Article – Environment 18
40	40
41	41	16–101. 19
42	42
43	43	(a) In this title the following words have the meanings indicated. 20
44	44
45	45	(i) (1) “Nonwater–dependent project” means a temporary or permanent 21
46	46	structure that, by reason of its intrinsic nature, use, or operation, does not require location 22
47	47	in, on, or over State or private wetlands. 23
48	48	2 SENATE BILL 637
49	49
50	50
51	51	(2) “Nonwater–dependent project” includes: 1
52	52
53	53	(i) A dwelling unit on a pier; 2
54	54
55	55	(ii) A restaurant, a shop, an office, or any other commercial building 3
56	56	or use on a pier; 4
57	57
58	58	(iii) A temporary or permanent roof or covering on a pier; 5
59	59
60	60	(iv) A pier used to support a nonwater–dependent use; and 6
61	61
62	62	(v) A small–scale renewable energy system on a pier, including: 7
63	63
64	64	1. A solar energy system and its photovoltaic cells, solar 8
65	65	panels, or other necessary equipment; 9
66	66
67	67	2. A geothermal energy system and its geothermal heat 10
68	68	exchanger or other necessary equipment; and 11
69	69
70	70	3. A wind energy system and its wind turbine, tower, base, 12
71	71	or other necessary equipment. 13
72	72
73	73	(3) “Nonwater–dependent project” does not include: 14
74	74
75	75	(i) A fuel pump or other fuel–dispensing equipment on a pier; 15
76	76
77	77	(ii) A sanitary sewage pump or other wastewater removal equipment 16
78	78	on a pier; 17
79	79
80	80	(iii) A pump, a pipe, or any other equipment attached to a pier and 18
81	81	associated with a shellfish nursery operation under a permit issued by the Department of 19
82	82	Natural Resources under § 4–11A–23 of the Natural Resources Article; [or] 20
83	83
84	84	(iv) An office on a pier for managing marina operations, including 21
85	85	monitoring vessel traffic, registering vessels, providing docking services, and housing 22
86	86	electrical or emergency equipment related to marina operations; OR 23
87	87
88	88	(V) A VESSEL REGISTERED UN DER TITLE 8, SUBTITLE 7 OF THE 24
89	89	NATURAL RESOURCES ARTICLE, REGARDLESS OF HOW TH E VESSEL IS USED OR 25
90	90	OPERATED. 26
91	91
92	92	16–104. 27
93	93
94	94	(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and 28
95	95	notwithstanding any other provision of law, the Board of Public Works may not issue a 29
96	96	license to authorize a nonwater–dependent project located on State wetlands. 30 SENATE BILL 637 3
97	97
98	98
99	99
100	100	(2) The Board of Public Works may issue a license to authorize a 1
101	101	nonwater–dependent project located on State wetlands if the project: 2
102	102
103	103	(i) 1. Involves a commercial activity that is permitted as a 3
104	104	secondary or accessory use to a permitted primary commercial use; 4
105	105
106	106	2. Is not located on a pier that is attached to residentially, 5
107	107	institutionally, or industrially used property; 6
108	108
109	109	3. Avoids and minimizes impacts to State or private 7
110	110	wetlands and other aquatic resources; 8
111	111
112	112	4. Is located in: 9
113	113
114	114	A. An intensely developed area and the project is authorized 10
115	115	under a program amendment to a local jurisdiction’s critical area program approved on or 11
116	116	after July 1, 2013, if the approved program amendment includes necessary changes to the 12
117	117	local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or 13
118	118	more restrictive than the requirements provided under this paragraph; or 14
119	119
120	120	B. An area that has been excluded from a local critical area 15
121	121	program if the exclusion has been adopted or approved by the Critical Area Commission for 16
122	122	the Chesapeake and Atlantic Coastal Bays; 17
123	123
124	124	5. Is approved by the local planning and zoning authorities 18
125	125	after the local jurisdiction’s program amendment under item 4A of this item, if applicable, 19
126	126	has been approved; 20
127	127
128	128	6. Allows or enhances public access to State wetlands; 21
129	129
130	130	7. Does not expand beyond the length, width, or channelward 22
131	131	encroachment of the pier on which the project is constructed; 23
132	132
133	133	8. Has a height of up to 18 feet unless the project is located 24
134	134	at a marina and the Secretary recommends additional height; 25
135	135
136	136	9. Is up to 1,000 square feet in total area; 26
137	137
138	138	10. Is not located in, on, or over vegetated tidal wetlands, 27
139	139	submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 28
140	140	Bar, or an area with rare, threatened, or endangered species or species in need of 29
141	141	conservation; and 30
142	142
143	143	11. Does not adversely impact a fish spawning or nursery area 31
144	144	or an historic waterfowl staging area; or 32
145	145	4 SENATE BILL 637
146	146
147	147
148	148	(ii) 1. Is located on a pier that was in existence on or before 1
149	149	December 31, 2012; 2
150	150
151	151	2. Satisfies all of the requirements under item (i)1 through 8 3
152	152	of this paragraph; and 4
153	153
154	154	3. If applicable, has a temporary or permanent roof or 5
155	155	covering that is up to 1,000 square feet in total area. 6
156	156
157	157	(3) (i) The Board of Public Works may issue a license to authorize a 7
158	158	nonwater–dependent project for a small–scale renewable energy system on a pier located 8
159	159	on State wetlands if the project: 9
160	160
161	161	1. Involves the installation or placement of a small–scale 10
162	162	renewable energy system that is permitted as a secondary or accessory use on a pier that 11
163	163	is authorized under this title; 12
164	164
165	165	2. Avoids and minimizes impacts to State or private 13
166	166	wetlands and other aquatic resources; 14
167	167
168	168	3. Is located in: 15
169	169
170	170	A. The Chesapeake and Atlantic Coastal Bays Critical Area 16
171	171	and the project is authorized under a program amendment to a local jurisdiction’s critical 17
172	172	area program approved on or after July 1, 2013, if the approved program amendment 18
173	173	includes necessary changes to the local jurisdiction’s zoning, subdivision, and other 19
174	174	ordinances so as to be consistent with or more restrictive than the requirements provided 20
175	175	under this paragraph; or 21
176	176
177	177	B. An area that has been excluded from a local critical area 22
178	178	program if the exclusion has been adopted or approved by the Critical Area Commission for 23
179	179	the Chesapeake and Atlantic Coastal Bays; 24
180	180
181	181	4. Is approved by the local planning and zoning authorities 25
182	182	after the local jurisdiction’s program amendment under item 3A of this subparagraph, if 26
183	183	applicable, has been approved; 27
184	184
185	185	5. Is not located in, on, or over vegetated tidal wetlands, 28
186	186	submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 29
187	187	Bar, or an area with rare, threatened, or endangered species or species in need of 30
188	188	conservation; and 31
189	189
190	190	6. Does not adversely impact a fish spawning or nursery area 32
191	191	or an historic waterfowl staging area. 33
192	192
193	193	(ii) A license issued under subparagraph (i) of this paragraph may 34
194	194	include the installation or placement of: 35 SENATE BILL 637 5
195	195
196	196
197	197
198	198	1. A solar energy system attached to a pier if the device or 1
199	199	equipment associated with that system does not extend more than: 2
200	200
201	201	A. 4 feet above or 18 inches below the deck of the pier; or 3
202	202
203	203	B. 1 foot beyond the length or width of the pier; 4
204	204
205	205	2. A solar energy system attached to a piling if there is only 5
206	206	one solar panel per boat slip; 6
207	207
208	208	3. A solar energy system attached to a boathouse roof if the 7
209	209	device or equipment associated with that system does not extend beyond the length, width, 8
210	210	or height of the boathouse roof; 9
211	211
212	212	4. A closed–loop geothermal heat exchanger under a pier if 10
213	213	the geothermal heat exchanger or any associated devices or equipment do not: 11
214	214
215	215	A. Extend beyond the length, width, or channelward 12
216	216	encroachment of the pier; 13
217	217
218	218	B. Deleteriously alter long shore drift; or 14
219	219
220	220	C. Cause significant individual or cumulative thermal 15
221	221	impacts to aquatic resources; or 16
222	222
223	223	5. A wind energy system attached to a pier if there is only 17
224	224	one wind energy system per pier for which: 18
225	225
226	226	A. The height from the deck of the pier to the blade extended 19
227	227	at its highest point is up to 12 feet; 20
228	228
229	229	B. The rotor diameter of the wind turbine is up to 4 feet; and 21
230	230
231	231	C. The setbacks of the wind energy system from the nearest 22
232	232	property line and from the channelward edge of the pier to which that system is attached 23
233	233	are at least 1.5 times the total height of the system from its base to the blade extended at 24
234	234	its highest point. 25
235	235
236	236	(c) (1) Except as provided in paragraph (2) of this subsection and 26
237	237	notwithstanding any other provision of law, the Secretary may not issue a permit to 27
238	238	authorize a nonwater–dependent project located on private wetlands. 28
239	239
240	240	(2) Except for the public access requirement under subsection (b)(2)(i)6 of 29
241	241	this section, the Secretary may issue a permit to authorize a nonwater–dependent project 30
242	242	located on private wetlands if the project satisfies all of the requirements under subsection 31
243	243	(b)(2) or (3) of this section. 32 6 SENATE BILL 637
244	244
245	245
246	246
247	247	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
248	248	1, 2025. 2
249	249