EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0637*
SENATE BILL 637
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By: Senators Hershey and Bailey
Introduced and read first time: January 25, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
State and Private Wetlands – Nonwater–Dependent Project – Definition 2
FOR the purpose of establishing that a certain vessel is not a nonwater–dependent project 3
for the purpose of certain provisions of law regarding construction on State or private 4
wetlands; and generally relating to State and private wetlands. 5
BY repealing and reenacting, without amendments, 6
Article – Environment 7
Section 16–101(a) and 16–104(b) and (c) 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 16–101(i) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
16–101. 19
(a) In this title the following words have the meanings indicated. 20
(i) (1) “Nonwater–dependent project” means a temporary or permanent 21
structure that, by reason of its intrinsic nature, use, or operation, does not require location 22
in, on, or over State or private wetlands. 23
2 SENATE BILL 637
(2) “Nonwater–dependent project” includes: 1
(i) A dwelling unit on a pier; 2
(ii) A restaurant, a shop, an office, or any other commercial building 3
or use on a pier; 4
(iii) A temporary or permanent roof or covering on a pier; 5
(iv) A pier used to support a nonwater–dependent use; and 6
(v) A small–scale renewable energy system on a pier, including: 7
1. A solar energy system and its photovoltaic cells, solar 8
panels, or other necessary equipment; 9
2. A geothermal energy system and its geothermal heat 10
exchanger or other necessary equipment; and 11
3. A wind energy system and its wind turbine, tower, base, 12
or other necessary equipment. 13
(3) “Nonwater–dependent project” does not include: 14
(i) A fuel pump or other fuel–dispensing equipment on a pier; 15
(ii) A sanitary sewage pump or other wastewater removal equipment 16
on a pier; 17
(iii) A pump, a pipe, or any other equipment attached to a pier and 18
associated with a shellfish nursery operation under a permit issued by the Department of 19
Natural Resources under § 4–11A–23 of the Natural Resources Article; [or] 20
(iv) An office on a pier for managing marina operations, including 21
monitoring vessel traffic, registering vessels, providing docking services, and housing 22
electrical or emergency equipment related to marina operations; OR 23
(V) A VESSEL REGISTERED UN DER TITLE 8, SUBTITLE 7 OF THE 24
NATURAL RESOURCES ARTICLE, REGARDLESS OF HOW TH E VESSEL IS USED OR 25
OPERATED. 26
16–104. 27
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and 28
notwithstanding any other provision of law, the Board of Public Works may not issue a 29
license to authorize a nonwater–dependent project located on State wetlands. 30 SENATE BILL 637 3
(2) The Board of Public Works may issue a license to authorize a 1
nonwater–dependent project located on State wetlands if the project: 2
(i) 1. Involves a commercial activity that is permitted as a 3
secondary or accessory use to a permitted primary commercial use; 4
2. Is not located on a pier that is attached to residentially, 5
institutionally, or industrially used property; 6
3. Avoids and minimizes impacts to State or private 7
wetlands and other aquatic resources; 8
4. Is located in: 9
A. An intensely developed area and the project is authorized 10
under a program amendment to a local jurisdiction’s critical area program approved on or 11
after July 1, 2013, if the approved program amendment includes necessary changes to the 12
local jurisdiction’s zoning, subdivision, and other ordinances so as to be consistent with or 13
more restrictive than the requirements provided under this paragraph; or 14
B. An area that has been excluded from a local critical area 15
program if the exclusion has been adopted or approved by the Critical Area Commission for 16
the Chesapeake and Atlantic Coastal Bays; 17
5. Is approved by the local planning and zoning authorities 18
after the local jurisdiction’s program amendment under item 4A of this item, if applicable, 19
has been approved; 20
6. Allows or enhances public access to State wetlands; 21
7. Does not expand beyond the length, width, or channelward 22
encroachment of the pier on which the project is constructed; 23
8. Has a height of up to 18 feet unless the project is located 24
at a marina and the Secretary recommends additional height; 25
9. Is up to 1,000 square feet in total area; 26
10. Is not located in, on, or over vegetated tidal wetlands, 27
submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 28
Bar, or an area with rare, threatened, or endangered species or species in need of 29
conservation; and 30
11. Does not adversely impact a fish spawning or nursery area 31
or an historic waterfowl staging area; or 32
4 SENATE BILL 637
(ii) 1. Is located on a pier that was in existence on or before 1
December 31, 2012; 2
2. Satisfies all of the requirements under item (i)1 through 8 3
of this paragraph; and 4
3. If applicable, has a temporary or permanent roof or 5
covering that is up to 1,000 square feet in total area. 6
(3) (i) The Board of Public Works may issue a license to authorize a 7
nonwater–dependent project for a small–scale renewable energy system on a pier located 8
on State wetlands if the project: 9
1. Involves the installation or placement of a small–scale 10
renewable energy system that is permitted as a secondary or accessory use on a pier that 11
is authorized under this title; 12
2. Avoids and minimizes impacts to State or private 13
wetlands and other aquatic resources; 14
3. Is located in: 15
A. The Chesapeake and Atlantic Coastal Bays Critical Area 16
and the project is authorized under a program amendment to a local jurisdiction’s critical 17
area program approved on or after July 1, 2013, if the approved program amendment 18
includes necessary changes to the local jurisdiction’s zoning, subdivision, and other 19
ordinances so as to be consistent with or more restrictive than the requirements provided 20
under this paragraph; or 21
B. An area that has been excluded from a local critical area 22
program if the exclusion has been adopted or approved by the Critical Area Commission for 23
the Chesapeake and Atlantic Coastal Bays; 24
4. Is approved by the local planning and zoning authorities 25
after the local jurisdiction’s program amendment under item 3A of this subparagraph, if 26
applicable, has been approved; 27
5. Is not located in, on, or over vegetated tidal wetlands, 28
submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates 29
Bar, or an area with rare, threatened, or endangered species or species in need of 30
conservation; and 31
6. Does not adversely impact a fish spawning or nursery area 32
or an historic waterfowl staging area. 33
(ii) A license issued under subparagraph (i) of this paragraph may 34
include the installation or placement of: 35 SENATE BILL 637 5
1. A solar energy system attached to a pier if the device or 1
equipment associated with that system does not extend more than: 2
A. 4 feet above or 18 inches below the deck of the pier; or 3
B. 1 foot beyond the length or width of the pier; 4
2. A solar energy system attached to a piling if there is only 5
one solar panel per boat slip; 6
3. A solar energy system attached to a boathouse roof if the 7
device or equipment associated with that system does not extend beyond the length, width, 8
or height of the boathouse roof; 9
4. A closed–loop geothermal heat exchanger under a pier if 10
the geothermal heat exchanger or any associated devices or equipment do not: 11
A. Extend beyond the length, width, or channelward 12
encroachment of the pier; 13
B. Deleteriously alter long shore drift; or 14
C. Cause significant individual or cumulative thermal 15
impacts to aquatic resources; or 16
5. A wind energy system attached to a pier if there is only 17
one wind energy system per pier for which: 18
A. The height from the deck of the pier to the blade extended 19
at its highest point is up to 12 feet; 20
B. The rotor diameter of the wind turbine is up to 4 feet; and 21
C. The setbacks of the wind energy system from the nearest 22
property line and from the channelward edge of the pier to which that system is attached 23
are at least 1.5 times the total height of the system from its base to the blade extended at 24
its highest point. 25
(c) (1) Except as provided in paragraph (2) of this subsection and 26
notwithstanding any other provision of law, the Secretary may not issue a permit to 27
authorize a nonwater–dependent project located on private wetlands. 28
(2) Except for the public access requirement under subsection (b)(2)(i)6 of 29
this section, the Secretary may issue a permit to authorize a nonwater–dependent project 30
located on private wetlands if the project satisfies all of the requirements under subsection 31
(b)(2) or (3) of this section. 32 6 SENATE BILL 637
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2