Maryland 2025 Regular Session

Maryland Senate Bill SB959 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 EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0959
6	6
7	7	SENATE BILL 959
8	8	M3 5lr3414
9	9
10	10	By: Senators Mautz, Bailey, Carozza, and Hershey
11	11	Introduced and read first time: January 28, 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	Environment – Wetlands – Landward Boundaries 2
19	19
20	20	FOR the purpose of requiring certain land created under a tidal wetlands license to be 3
21	21	described in a certain manner; requiring the Department of the Environment to 4
22	22	update, to a certain standard, the landward boundaries of certain wetlands following 5
23	23	the completion of improvements consisting of certain shoreline stabilization 6
24	24	measures; and generally relating to wetlands. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Environment 9
28	28	Section 16–103 10
29	29	Annotated Code of Maryland 11
30	30	(2014 Replacement Volume and 2024 Supplement) 12
31	31
32	32	BY repealing and reenacting, without amendments, 13
33	33	Article – Environment 14
34	34	Section 16–201 15
35	35	Annotated Code of Maryland 16
36	36	(2014 Replacement Volume and 2024 Supplement) 17
37	37
38	38	BY adding to 18
39	39	Article – Environment 19
40	40	Section 16–206 20
41	41	Annotated Code of Maryland 21
42	42	(2014 Replacement Volume and 2024 Supplement) 22
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
45	45	That the Laws of Maryland read as follows: 24
46	46
47	47	Article – Environment 25
48	48	2 SENATE BILL 959
49	49
50	50
51	51	16–103. 1
52	52
53	53	(a) Except as specifically provided in this title, a riparian owner may not be 2
54	54	deprived of any right, privilege, or enjoyment of riparian ownership that the riparian owner 3
55	55	had prior to July 1, 1970. 4
56	56
57	57	(b) The provisions of this title do not transfer the title or ownership of any land 5
58	58	or interest in land. 6
59	59
60	60	(C) ANY FAST LAND CREATED UNDER A TIDAL WETLAN DS LICENSE SHALL 7
61	61	BE DESCRIBED BY METE S AND BOUNDS. 8
62	62
63	63	16–201. 9
64	64
65	65	(a) A person who is the owner of land bounding on navigable water is entitled to 10
66	66	any natural accretion to the person’s land, to reclaim fast land lost by erosion or avulsion 11
67	67	during the person’s ownership of the land to the extent of provable existing boundaries. The 12
68	68	person may make improvements into the water in front of the land to preserve that person’s 13
69	69	access to the navigable water or, subject to subsection (c), protect the shore of that person 14
70	70	against erosion. After an improvement has been constructed, the improvement is the 15
71	71	property of the owner of the land to which the improvement is attached. A right covered in 16
72	72	this subtitle does not preclude the owner from developing any other use approved by the 17
73	73	Board. The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, 18
74	74	and the burden of proof that the loss occurred after this date is on the owner of the land. 19
75	75
76	76	(b) The rights of any person, as defined in this subtitle, which existed prior to July 20
77	77	1, 1973 in relation to natural accretion of land are deemed to have continued to be in 21
78	78	existence subsequent to July 1, 1973 to July 1, 1978. 22
79	79
80	80	(c) (1) Improvements to protect a person’s property against erosion shall 23
81	81	consist of nonstructural shoreline stabilization measures that preserve the natural 24
82	82	environment, such as marsh creation, except: 25
83	83
84	84	(i) In areas designated by Department mapping as appropriate for 26
85	85	structural shoreline stabilization measures; and 27
86	86
87	87	(ii) In areas where the person can demonstrate to the Department’s 28
88	88	satisfaction that such measures are not feasible, including areas of excessive erosion, areas 29
89	89	subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline 30
90	90	stabilization measures. 31
91	91
92	92	(2) (i) Subject to subparagraph (ii) of this paragraph, in consultation 32
93	93	with the Department of Natural Resources, the Department shall adopt regulations to 33
94	94	implement the provisions of this subsection. 34
95	95
96	96	(ii) Regulations adopted by the Department under subparagraph (i) 35
97	97	of this paragraph shall include a waiver process that exempts a person from the 36 SENATE BILL 959 3
98	98
99	99
100	100	requirements of paragraph (1) of this subsection on a demonstration to the Department’s 1
101	101	satisfaction that nonstructural shoreline stabilization measures are not feasible for the 2
102	102	person’s property. 3
103	103
104	104	16–206. 4
105	105
106	106	(A) (1) FOLLOWING THE COMPLET ION OF ANY IMPROVEMENTS 5
107	107	CONSISTING OF SHORELINE STABILIZAT ION MEASURES AUTHORIZED UNDER § 6
108	108	16–201(C) OF THIS SUBTITLE , THE DEPARTMENT SHALL PREC ISELY UPDATE THE 7
109	109	LANDWARD BOUNDARIES OF THE RELEVANT WETL ANDS. 8
110	110
111	111	(2) THE LANDWARD BOUNDARI ES OF THE WETLANDS SHALL BE 9
112	112	SHOWN ON SUITABLE MA PS OR AERIAL PHOTOGR APHS ON A SCALE OF 1 INCH TO 200 10
113	113	FEET. 11
114	114
115	115	(B) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 12
116	116	PROVISIONS OF THIS S ECTION. 13
117	117
118	118	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
119	119	October 1, 2025. 15