EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0898*
SENATE BILL 898
M4, M3 5lr2133
CF 5lr2132
By: Senator Love
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Nutrient Management – Tidal Buffer – Vegetative Buffers and Restriction on 2
Fertilizer Application 3
FOR the purpose of altering certain payments received by participants in the Conservation 4
Reserve Enhancement Program, including by requiring certain payments for 5
installing certain vegetative buffer practices on land within a certain tidal buffer on 6
an agricultural operation; authorizing, under certain circumstances and in 7
accordance with certain technical specifications, that State cost–share funding be 8
made available for installing certain vegetative buffer practices on land within a 9
certain tidal buffer on an agricultural operation; establishing that a certain 10
agricultural operator is eligible for reimbursement up to a certain percentage of the 11
cost of a certain vegetative buffer practice and to receive certain bonus payments 12
assessed in a certain manner; prohibiting a nutrient management plan renewed 13
after a certain date from allowing a person to apply certain fertilizer to land within 14
a certain tidal buffer; and generally relating to nutrient management on agricultural 15
land within a tidal buffer. 16
BY repealing and reenacting, with amendments, 17
Article – Agriculture 18
Section 8–706 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2024 Supplement) 21
BY adding to 22
Article – Agriculture 23
Section 8–707 and 8–803.10 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2024 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Agriculture 28 2 SENATE BILL 898
Section 8–8A–01(a) and (b) 1
Annotated Code of Maryland 2
(2016 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Agriculture 6
8–706. 7
(a) To maximize participation in the Conservation Reserve Enhancement 8
Program[, in]: 9
(1) IN fiscal years [2023] 2026 through 2031, inclusive, a landowner who 10
enrolls land planted with a forested streamside buffer shall receive a one–time signing 11
bonus of up to [$1,000] $1,250 per acre of land enrolled; 12
(2) IN FISCAL YEARS 2026 THROUGH 2031, INCLUSIVE, A 13
LANDOWNER WHO ENROLL S LAND PLANTED WITH A FIXED NATURAL BUFF ER UNDER 14
§ 8–707 OF THIS SUBTITLE SHA LL RECEIVE A ONE–TIME SIGNING BONUS O F UP TO 15
$1,500 PER ACRE OF QUALIFYI NG LAND ENROLLED ; AND 16
(3) IN FISCAL YEARS 2026 THROUGH 2031, INCLUSIVE, AN 17
AGRICULTURAL OPERATI ON, INCLUDING LEASED LAN D OPERATORS , WITH LAND 18
THAT IS LOCATED WITH IN THE CRITICAL AREA AND ENROLLED IN A FIX ED NATURAL 19
BUFFER PROGRAM UNDER § 8–707 OF THIS SUBTITLE SHA LL RECEIVE AN ANNUAL 20
PAYMENT OF AT LEAST $150 PER ACRE OF PROJECT AREA. 21
(b) Signing bonuses provided under this section shall be funded with: 22
(1) Money appropriated under subsection (c) of this section; and 23
(2) The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article. 24
(c) (1) For fiscal years 2024 through 2031, in each year the Governor shall 25
appropriate $2,500,000 in the annual State budget to fund FIXED NATURAL BUFFERS 26
UNDER § 8–707 OF THIS SUBTITLE , tree planting under this section, and other tree 27
planting programs on agricultural land. 28
(2) Money appropriated under this subsection is supplemental to and may 29
not take the place of funding that would otherwise be appropriated for FIXED NATURAL 30
BUFFERS UNDER § 8–707 OF THIS SUBTITLE , tree plantings under this section, and 31
other tree planting programs on agricultural land. 32
SENATE BILL 898 3
8–707. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) (I) “FIXED NATURAL BUFFER ” MEANS A STRIP OF MAI NTAINED, 4
NATIVE VEGETATION AL ONGSIDE A BODY OF WA TER. 5
(II) “FIXED NATURAL BUFFER ” INCLUDES THE FOLLOWI NG 6
FIXED NATURAL FILTER PRACTICES: 7
1. THE PLANTING OF RIPAR IAN FOREST BUFFERS ; 8
2. THE PLANTING OF RIPARIAN HERBACEOUS COVER ; 9
3. TREE PLANTINGS THAT A RE ON AGRICULTURAL 10
LAND; AND 11
4. WETLAND RESTORATION . 12
(III) “FIXED NATURAL BUFFER ” DOES NOT INCLUDE PAS TURE 13
MANAGEMENT , AS DESCRIBED UNDER § 8–701(D)(5) OF THIS SUBTITLE. 14
(3) “100–FOOT TIDAL BUFFER ” MEANS ANY LAND WITHI N 100 FEET 15
OF: 16
(I) THE MEAN HIGH WATER L INE OF TIDAL WATERS ; 17
(II) THE EDGE OF EACH BANK OF A TRIBUTARY TIDAL STREAM; 18
OR 19
(III) THE LANDWARD BOUNDARY OF A TIDAL WETLAND . 20
(B) IN ACCORDANCE WITH TH E TECHNICAL SPECIFICATIO NS ADOPTED BY 21
THE DEPARTMENT UNDER SUBS ECTION (C) OF THIS SECTION, STATE COST–SHARE 22
FUNDING MAY BE MADE AVAILABLE TO A PERSO N FOR INSTALLING A F IXED 23
NATURAL BUFFER WITHI N THE 100–FOOT TIDAL BUFFER ON AN AGRICULTURAL 24
OPERATION IF THE PER SON ENTERS INTO A CO ST–SHARE AGREEMENT WITH THE 25
DEPARTMENT IN ACCORDA NCE WITH § 8–704 OF THIS SUBTITLE. 26
(C) (1) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT SHALL ADOP T 27
TECHNICAL SPECIFICAT IONS FOR A FIXED NAT URAL BUFFER PRACTICE TO BE 28
ELIGIBLE FOR COST –SHARE FUNDING UNDER THI S SECTION. 29 4 SENATE BILL 898
(2) THE SPECIFICATIONS AD OPTED UNDER PARAGRAP H (1) OF THIS 1
SUBSECTION SHALL INC LUDE A REQUIREMENT T HAT THE FIXED NATURA L BUFFER 2
FILLS THE ENTIRE WID TH OF THE 100–FOOT TIDAL BUFFER . 3
(D) (1) AN AGRICULTURAL OPERA TOR WHO ME ETS THE REQUIREMENTS 4
UNDER SUBSECTION (B) OF THIS SECTION IS E LIGIBLE FOR: 5
(I) REIMBURSEMENT OF UP T O 150% OF ELIGIBLE COSTS 6
TOWARD THE INSTALLAT ION OF THE ELIGIBLE FIXED NATURAL BUFFER ; 7
(II) AN UP–FRONT BONUS PAYMENT AWARDED PER ACRE OF 8
ELIGIBLE LAND COVERED BY THE F IXED NATURAL BUFFER ASSESSED AT A TIERED 9
RATE DETERMINED BY T HE DEPARTMENT IN ACCORDA NCE WITH PARAGRAPH (2) OF 10
THIS SUBSECTION ; AND 11
(III) AN ANNUAL BONUS PAYME NT PER ACRE OF ELIGI BLE LAND 12
THAT REMAINS COVERED BY THE FIXED NATURAL BUFFER ASSESSED AT A 13
STATEWIDE FLAT RATE OF NOT LESS THAN $150 PER ACRE IN ACCORDAN CE WITH § 14
8–706(A)(3) OF THIS SUBTITLE. 15
(2) (I) THE DEPARTMENT SHALL DEVE LOP A TIERED SYSTEM TO 16
ASSESS THE PER–ACRE RATE OF BONUS P AYMENTS FOR A NEWLY INSTALLED FIXED 17
NATURAL BUFFER UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION , BASED ON: 18
1. THE TYPE OF BEST MANA GEMENT PRACTICE 19
IMPLEMENTED , ASSIGNING HIGHER VAL UE TO RIPARIAN TREE BUFFERS; 20
2. THE ELEVATION OF THE PROJECT; 21
3. THE SLOPE OF THE LAND WITHIN THE 100–FOOT 22
TIDAL BUFFER; AND 23
4. THE EXTENT OF ANY HYD RIC SOILS OR WETLAND S IN 24
THE BUFFER. 25
(II) THE BONUS PAYMENTS MA Y NOT BE LESS THAN $1,000 PER 26
ACRE OR NOT MORE THA N $4,000 PER ACRE. 27
8–803.10. 28
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30 SENATE BILL 898 5
(2) “AGRICULTURAL OPERATIO N” HAS THE MEANING STAT ED IN § 1
8–8A–01 OF THIS TITLE. 2
(3) “FERTILIZER” MEANS ANY COMMERCIAL FERTILIZER, MANURE, 3
SLUDGE, SOIL CONDITIONER , OR OTHER SUBSTANCE C ONTAINING A RECOGNIZ ED 4
PLANT NUTRIENT USED FOR ITS PLANT NUTRIE NT CONTENT AND DESIG NED FOR 5
USE TOWARD , OR CLAIMED TO HAVE V ALUE IN, PROMOTING PL ANT GROWTH . 6
(B) A NUTRIENT MANAGEMENT PLAN RENEWED ON OR A FTER JULY 1, 2025, 7
MAY NOT ALLOW A PERS ON ON AN AGRICULTURA L OPERATION TO APPLY 8
FERTILIZER TO ANY LA ND WITHIN 100 FEET OF: 9
(1) THE MEAN HIGH WATER L INE OF TIDAL WATERS ; 10
(2) THE EDGE OF EACH BANK OF A TRIBUTARY TIDAL STREAM; OR 11
(3) THE LANDWARD BOUNDARY OF A TIDAL WETLAND . 12
8–8A–01. 13
(a) In this subtitle the following words have the meanings indicated. 14
(b) “Agricultural operation” means each physical site where a person engages in 15
a business that: 16
(1) Grows, raises, keeps, pastures, or otherwise produces a farm product, 17
including: 18
(i) Any agricultural, horticultural, vegetable, or fruit product of the 19
soil; or 20
(ii) Livestock, poultry, eggs, dairy products, nuts, honey, and every 21
product of a farm, a forest, or an orchard; and 22
(2) Has: 23
(i) A gross annual income of $2,500 or more; or 24
(ii) Eight or more animal units. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
1, 2025. 27