Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*hb0034*
HOUSE BILL 34
L3 6lr1275
(PRE–FILED) CF SB 189
By: Delegates Bouchat, Fair, Moon, and Schindler Schindler, Allen, Behler, Boyce,
Foley, Fraser–Hidalgo, Guyton, J. Long, Lewis, Odom, Stein, T. Morgan, and
Ziegler
Requested: October 21, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026
CHAPTER ______
AN ACT concerning 1
Municipalities – Open Drainage Inlets – Required Grating Systems Inventory 2
and Improvements 3
(Mason’s Law) 4
FOR the purpose of requiring a municipality to inventory and prioritize all existing open 5
drainage inlets in the municipality and construct or install a certain approved 6
grating system certain improvements on a new or existing open drainage inlet within 7
the municipality ; requiring, in certain fiscal years, a certain amount of mone y 8
appropriated to the comprehensive flood management grant program within the 9
Department of the Environment to be used to provide matching funds to assist 10
municipalities with certain costs ; and generally relating to open drainage inlets in 11
municipalities. 12
BY repealing and reenacting, with amendments, 13
Article – Environment 14
Section 5–803(h) 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Local Government 19
Section 4–112 20
2 HOUSE BILL 34
Annotated Code of Maryland 1
(2013 Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Environment 5
5–803. 6
(h) (1) There is a comprehensive flood management grant program within the 7
Department. 8
(2) (i) Subject to the approval of the Board of Public Works, the 9
Department may use proceeds from the State debt created to fund the comprehensive flood 10
management grant program to pay the entire cost of watershed studies pursuant to 11
subsection (b) of this section. 12
(ii) The Department may provide grants to subdivisions to pay the 13
entire cost of watershed studies when the Department delegates that responsibility 14
pursuant to subsection (b) of this section. 15
(3) (i) Subject to the approval of the Boar d of Public Works, the 16
Department may provide grants to subdivisions for flood control and watershed 17
management capital projects, and for the capital costs related to design, purchase, and 18
installation of automated flood warning projects, provided that the projects are consistent 19
with the plans and implementation prepared and adopted in accordance with this subtitle, 20
and provided further that each project: 21
1. Is undertaken as part of a comprehensive flood 22
management plan prepared and adopted by the subdivision; and 23
2. Is not inconsistent with any State or interjurisdictional 24
flood management plan. 25
(ii) Grants for automated flood warnings projects shall be 26
conditioned to require all affected local governing bodies to: 27
1. Adopt a specific and compatible response plan which has 28
been coordinated with local emergency management authorities and reviewed and 29
approved by the Department and the Maryland Department of Emergency Management; 30
and 31
2. Provide for financial and other commitments to properly 32
operate and maintain the project. 33
HOUSE BILL 34 3
(iii) 1. The amount of any grant made by the Department for a 1
flood control and watershed management capital project that involves only nonfederal 2
funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 3
of project costs in local government or private funds. 4
2. For a flood control and watershed management capital 5
project that involves federal funding and meets the criteria of this subtitle: 6
A. The Department may provide up to 50% of the nonfederal 7
share of the project funding; and 8
B. Local government or private funds shall provide not less 9
than 50% of the nonfederal share of the project funding. 10
(iv) Each project application for a grant under this paragra ph shall 11
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 12
accordance with established clearinghouse procedures. 13
(4) (i) Subject to the approval of the Board of Public Works, the 14
Department may provide grants to subdivisions immediately after a flood for acquisition of 15
any flood damaged owner–occupied dwelling. 16
(ii) Total expenditures for grants made under this paragraph may 17
not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 18
subsection. 19
(5) (i) The Department may award grants to subdivisions that have 20
incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 21
on or after January 1, 2009. 22
(ii) The total amount of grants awarded by th e Department to 23
subdivisions under this paragraph may: 24
1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 25
the total amount of money appropriated to the comprehensive flood management program; 26
and 27
2. For fiscal year 2023 and each fiscal year thereafter, equal 28
up to 50% of the total amount of money appropriated to the comprehensive flood 29
management program. 30
(iii) A grant awarded to a subdivision under this paragraph may be: 31
1. For an amount of up to 50% of the combined cost of 32
infrastructure repairs, watershed restoration, and emergency work associated with the 33
flood event; 34
4 HOUSE BILL 34
2. Used for infrastructure repairs, watershed management, 1
or emergency protection work associated with the flood event; and 2
3. Used for expenses as sociated with item 2 of this 3
subparagraph that the subdivision has already incurred. 4
(iv) The Department shall prioritize awarding grants under this 5
paragraph to subdivisions in which: 6
1. Infrastructure damage occurred in an area designated by 7
the Maryland Historical Trust as an historic district; or 8
2. Infrastructure damage caused by a flood event has 9
occurred more than once within the previous 5 years. 10
(6) (I) THE DEPARTMENT MAY AWARD GRANTS TO 11
MUNICIPALITIES TO PR OVIDE MATCHING FUNDS TO ASSIST WITH THE C OSTS OF 12
MAKING IMPROVEMENTS TO EXISTING OPEN DRA INAGE INLETS IN ACCO RDANCE 13
WITH § 4–112 OF THE LOCAL GOVERNMENT ARTICLE. 14
(II) IN EACH OF FISCAL YEA RS 2029 THROUGH 2031, $250,000 15
OF THE MONEY APPROPR IATED TO THE COMPREH ENSIVE FLOOD MANAGEM ENT 16
GRANT PROGRAM SHALL BE USED TO AWARD GRANTS UNDER THIS PARAGRAPH. 17
(7) To receive a grant, the subdivision must participate in the national 18
flood insurance program. 19
[(7)] (8) Before awarding a grant under paragraphs (2), (3), or (4) of this 20
subsection, the Department, in cooperation with the Department of Planning, shall review 21
the flood control and watershed management operations of the applicant subdivision to 22
assure that the flood control and watershed management operations are in compliance with 23
this subtitle. 24
[(8)] (9) (i) For fiscal year 2026 and each fiscal year thereafter, the 25
Governor may include in the annual State budget an appropriation for the compreh ensive 26
flood management grant program of up to $20,000,000. 27
(ii) For fiscal year 2026 and each fiscal year thereafter, at least 40% 28
of funding provided under the comprehensive flood management grant program shall be 29
used for projects located in or dire ctly benefiting underserved or overburdened 30
communities, as defined in § 1–701 of this article. 31
(iii) Funds not awarded from the comprehensive flood management 32
grant program by the end of a fiscal year: 33
1. Shall remain in the program; and 34
HOUSE BILL 34 5
2. Are not subject to § 7 –302 of the State Finance and 1
Procurement Article. 2
[(9)] (10) (i) The Department, in consultation with the Department of 3
Planning, shall adopt regulations necessary for the administration of the grant program. 4
(ii) These regulations may include: 5
1. A determination of statewide and interjurisdictional needs 6
and priorities; 7
2. Standards of eligibility for applicants and projects; 8
3. Criteria for recognition of tidal and nontidal areas; 9
4. Engineering and econom ic standards and alternatives; 10
and 11
5. Procedures for filing and processing contents of 12
applications. 13
Article – Local Government 14
4–112. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) (I) “APPROVED GRATING SYST EM” MEANS A COVER PLACED 18
OVER THE OPENING OF AN OPEN DRAINAGE INL ET IN ORDER TO ALLOW 19
STORMWATER RUNOFF TO ENTER THE DRAINAGE INLET WHILE PREVENTING LARGE 20
DEBRIS FROM ENTERING THE DRAINAGE INLET. 21
(II) “APPROVED GRATING SYSTEM” INCLUDES: 22
1. A STANDARD YARD INLET; 23
2. A RAISED GRATE YARD INLET; 24
3. A TRASH RACK GRATING , PROVIDED THAT THE RA CK 25
HAS AT LEAST FOUR SIDES, EACH OF WHICH IS AT LEAST AS LARGE AS THE DIAMETER 26
OF THE SURFACE OPENING; AND 27
6 HOUSE BILL 34
4. FOR NEW DRAINAGE INL ETS, A PRECAST CONCRETE 1
BOX INCORPORATED INTO THE CONSTRUCTION OF THE DRAINAGE INLET. 2
(3) (I) “OPEN DRAINAGE INLET ” MEANS A STRUCTURE WI TH A 3
SURFACE OPENING THAT: 4
(I) 1. HAS A DIAMETER OF 12 INCHES OR MORE; AND 5
(II) 2. IS DESIGNED TO COLLE CT AND DRAIN STORMWA TER 6
RUNOFF. 7
(II) “OPEN DRAINAGE INLET ” INCLUDES AN OPEN HEA DWALL 8
STRUCTURE ATTACHED TO A CULVERT. 9
(III) “OPEN DRAINAGE INLET” DOES NOT INCLUDE: 10
1. A GRATE INLET; 11
2. A CURB INLET; 12
3. A COMBINATION CURB AND GRATE INLET; 13
4. A SURFACE –LEVEL DRAINAGE TUNNEL WITH ONLY 14
ONE SURFACE–LEVEL INLET AND ONE DIRECT SURFACE–LEVEL OUTLET; 15
5. A SLOTTED INLET; OR 16
6. A CULVERT LOCATED ON AN OPEN DRAINAGE 17
HIGHWAY. 18
(4) “PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET” MEANS AN 19
INLET THAT IS LOCATE D O N PRIVATE PROPERTY A ND WAS INSTALLED BEF ORE 20
OCTOBER 1, 2026. 21
(5) (I) “PUBLICLY OWNED EXISTI NG OPEN DRAINAGE INL ET” 22
MEANS AN INLET OWNED AND MAINTAINED BY TH E MUNICIPALITY THAT WAS 23
INSTALLED BEFORE OCTOBER 1, 2026. 24
(II) “PUBLICLY OWNED EXISTING OPEN DRAINAGE INLET” DOES 25
NOT INCLUDE INLETS: 26
1. OWNED OR MAINTAINED BY A FEDERAL ENTITY , 27
STATE ENTITY, COUNTY, OR SCHOOL BOARD; OR 28
HOUSE BILL 34 7
2. INSPECTED BY THE DEPARTMENT OF THE 1
ENVIRONMENT. 2
(B) A MUNICIPALITY MAY ENTER PRIVATE PROPERTY TO: 3
(1) COMPLETE THE INVENTORY REQUIR ED UNDER SUBSECTION (C) 4
OF THIS SECTION; AND 5
(2) INSTALL AN APPROVED GRATING SYSTEM. 6
(C) (1) ON OR BEFORE JULY 1, 2027, A MUNICIPALITY SHALL INVENTORY 7
THE NUMBER AND LOCATION OF ALL PUBLICLY OWNED EXISTING OPEN DRAINAGE 8
INLETS AND PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS IN THE 9
MUNICIPALITY. 10
(2) (I) 1. ON OR BEFORE APRIL 1, 2028, A MUNICIPALITY 11
SHALL DEVELOP A PRIO RITIZATION PLAN FOR MAKING IMPROVEMENTS TO 12
PUBLICLY OWNED EXIST ING OPEN DRAINAGE IN LETS AND PRIVATELY O WNED 13
EXISTING OPEN DRAINAGE INLETS. 14
2. THE PLAN SHALL PRIORI TIZE MAKING 15
IMPROVEMENTS TO PUBL ICLY OWNED EXISTING OPEN DRAINAGE INLETS AND 16
PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS THAT POSE THE GREATEST 17
RISK TO PUBLIC SAFETY. 18
3. A. A MUNICIPALITY IS NOT REQUIRED TO MAKE 19
IMPROVEMENTS TO PUBL ICLY OWNED EXISTING OPEN DRAINAGE INLETS AND 20
PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS THAT DO NOT PO SE A 21
LEGITIMATE RISK TO PUBLIC SAFETY. 22
B. A MUNICIPALITY SHALL I NCLUDE IN THE PLAN A N 23
EXPLANATION OF THE REASON FOR EACH PUBL ICLY OWNED EXISTING OPEN 24
DRAINAGE INLET AND P RIVATELY OWNED EXIST ING OPEN DRAINAGE IN LET 25
EXCLUDED FROM THE PRIORITIZATION PLAN. 26
(II) IMPROVEMENTS MAY INCLUDE: 27
1. INSTALLATION OF AN A PPROVED GRATING SYST EM 28
SECURED TO THE INLET END OF THE OPEN DRAIN AGE INLET OR THE CON CRETE 29
STRUCTURE BUILT TO HOUSE THE DRAINAGE INLET, IN A MANNER THAT PREVENTS 30
THE APPROVED GRATING SYSTEM FROM BEING RE MOVED WITHOUT THE 31
APPROPRIATE TOOLS OR BY THE FORCE OF FLOOD WATER; OR 32
2. INSTALLATION OF FENCING THAT: 33
8 HOUSE BILL 34
A. OBSTRUCTS AT LEAST 50% OF ANY OPENING; AND 1
B. IS DESIGNED AND INST ALLED IN A MANNER TH AT 2
WOULD NOT ALLOW A PERSON TO ENTER THE OPEN DRAINAGE INLET. 3
(3) ON OR BEFORE APRIL 1, 2028, EACH MUNICIPALITY SH ALL 4
NOTIFY A PRIVATE PRO PERTY OWNER WITH A PRIVATE LY OWNED EXISTING OP EN 5
DRAINAGE INLET THAT THE INSTALLATION OF AN APPROVED GRATING SYSTEM OR 6
FENCING IS REQUIRED IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SUBSECTION. 7
(4) ON OR BEFORE APRIL 1, 2031, EACH MUNICIPALITY SHALL MAKE 8
IMPROVEMENTS TO ALL PUBLI CLY OWNED EXISTING O PEN DRAINAGE INLETS AND 9
PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS INCLUDED IN TH E 10
PRIORITIZATION PLAN DEVELOPED UNDER PARAGRAPH (2) OF THIS SUBSECTION. 11
(5) (I) A MUNICIPALITY IS RESP ONSIBLE FOR THE COST OF 12
INSTALLING IMPROVEMENTS ON ALL PUBLICLY OWNED EXISTING OPEN DRAI NAGE 13
INLETS AND PRIVATELY OWNED EXISTING OPEN DRAINAGE INLETS. 14
(II) A MUNICIPALITY MAY APP LY TO THE COMPREHENS IVE 15
FLOOD MANAGEMENT GRA NT PROGRAM WITHIN TH E DEPARTMENT OF THE 16
ENVIRONMENT TO COST–SHARE A PORTION OF THE INSTALLATION COSTS. 17
(D) A MUNICIPALITY IS NOT REQUIRED TO ADD IMPR OVEMENTS TO ANY 18
PUBLICLY OWNED EXIST ING OPEN DRAINAGE IN LETS AND PRIVATELY O WNED 19
EXISTING OPEN DRAINA GE INLETS IF IT WOUL D SIGNIFICANTLY IMPA IR THE 20
HYDRAULIC CAPACITY OF THE DRAINAGE SYSTEM. 21
(E) ONCE A MUNICIPALITY HAS INSTALLED AN APPROVED GRATING SYSTEM 22
ON A PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET, THE MUNICIPALITY: 23
(1) IS NOT RESPONSIBLE F OR MAINTAINING IMPRO VEMENTS 24
INSTALLED ON A PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET; AND 25
(2) MAY NOT BE HELD LIAB LE FOR INCIDENTS ARI SING OUT OF THE 26
MAINTENANCE OF AN APPROVED GRATING SYSTEM. 27
(F) ANY NEW OPEN DRAINAGE INLET INSTALLED IN A MUNICIPALITY SHALL 28
BE EQUIPPED WITH AN APPROVED GRATING SYS TEM THAT MEETS THE 29
REQUIREMENTS FOR INSTALLATION DESCRIBED IN THIS SECTION. 30
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 31
MUNICIPALITY SHALL: 32
HOUSE BILL 34 9
(I) INCORPORATE AN APPRO VED GRATING SYSTEM I NTO THE 1
CONSTRUCTION OF ANY NEW OPEN DRAINAGE IN LET WITHIN THE MUNICIPALITY; 2
AND 3
(II) INSTALL AN APPROVED GRATING SYSTEM ON ANY EXISTING 4
OPEN DRAINAGE INLET WITHIN THE MUNICIPALITY. 5
(2) AN APPROVED GRATING S YSTEM CONSTRUCTED OR INSTALLED 6
UNDER THIS SUBSECTIO N SHALL BE SECURED T O THE INLET END OF T HE OPEN 7
DRAINAGE INLET, OR THE CONCRETE STRUCTURE BUILT TO HOUSE THE DRAINAGE 8
INLET, IN A MANNER THAT PRE VENTS THE APPROVED G RATING SYSTEM FROM 9
BEING REMOVED WITHOUT THE APPROPRIATE TOOLS OR BY THE FORCE OF FLOOD 10
WATER. 11
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2027, 12
each municipality in the State shall install an approved grating system on any existing 13
open drainage inlet within the municipality in accordance with § 4 –112 of the Local 14
Government Article, as enacted by Section 1 of this Act. 15
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.