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HOUSE BILL 200
N1, M3 6lr1080
(PRE–FILED)
By: Delegates Lehman, Behler, Guyton, Patterson, Pasteur, Pena –Melnyk, Ruth,
Stinnett, and Terrasa
Requested: October 3, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2026
CHAPTER ______
AN ACT concerning 1
Sale of Residential Real Property – Required Flood Risk Disclosure 2
FOR the purpose of requiring the Department of the Environment to develop, publish, and 3
maintain a real property flood risk disclosure statement form that includes certain 4
information about a pr operty’s flood risk and history; requiring, beginning on a 5
certain date, a vendor of certain residential real property to provide the purchaser 6
with a completed real property flood risk disclosure statement form before entering 7
into a contract for the sale of the property; and generally relating to flood risk 8
disclosures and the sale of residential real property. 9
BY adding to 10
Article – Environment 11
Section 5–810 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Real Property 16
Section 10–716 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
2 HOUSE BILL 200
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Environment 3
5–810. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “FEMA ELEVATION CERTIFICAT E” MEANS THE CERTIFICAT E 7
ISSUED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THAT CERTIFIES 8
OFFICIAL ELEVATION A ND BUILDING DATA FOR A PROPERTY LOCATED WITHIN A 9
SPECIAL FLOOD HAZARD AREA IN ORDER TO INFORM FLOOD INSURANCE PREMIUMS. 10
(3) “MODERATE–RISK FLOOD HAZARD AR EA” MEANS AN AREA THAT 11
IS: 12
(I) IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT 13
AGENCY AS HAVING A 0.2% CHANCE OF ANNUAL FLOODING; AND 14
(II) COMMONLY KNOWN AS THE 500–YEAR FLOODPLAIN. 15
(4) “SPECIAL FLOOD HAZARD AREA” MEANS AN AREA THAT IS: 16
(I) IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT 17
AGENCY AS HAVING A 1% CHANCE OF ANNUAL FLOODING; AND 18
(II) COMMONLY KNOWN AS THE 100–YEAR FLOODPLAIN. 19
(B) (1) THE DEPARTMENT SHALL DEVE LOP, PUBLISH, AND MAINTAIN A 20
REAL PROPERTY FLOOD RISK DISCLOSURE STAT EMENT FORM FOR USE I N 21
CONNECTION WITH A SA LE OF RESIDENTIAL RE AL PROPERTY AS PROVI DED IN § 22
10–716 OF THE REAL PROPERTY ARTICLE. 23
(2) THE FLOOD RISK DISCLO SURE STATEMENT FORM SHALL, AT 24
MINIMUM, INCLUDE THE FOLLOWING INFORMATION: 25
(I) WHETHER THE PROPERTY IS LOCATED WHOLLY OR PARTLY 26
WITHIN A SPECIAL FLOOD HAZARD AREA; 27
(II) WHETHER THE PROPERTY IS LOCATED WHOLLY OR PARTLY 28
WITHIN A MODERATE–RISK FLOOD HAZARD AREA; 29
HOUSE BILL 200 3
(III) WHETHER THE PROPERTY IS SUBJECT TO A REQUIREMENT 1
UNDER FEDERAL LAW TH AT REQUIRES THE OWNE R TO OBTAIN AND MAIN TAIN 2
FLOOD INSURANCE; 3
(IV) WHETHER THE VENDOR HA S KNOWLEDGE OF ANY P AST 4
OCCURRENCE WHERE AN OWNER REC EIVED AID FOR FLOOD DAMAGE ON THE 5
PROPERTY FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE U.S. 6
SMALL BUSINESS ADMINISTRATION, OR OTHER FEDERAL DIS ASTER ASSISTANCE 7
PROGRAM; 8
(V) WHETHER THE VENDOR CU RRENTLY HAS FLOOD 9
INSURANCE FOR THE PROPERTY; 10
(VI) WHETHER THERE IS A FEMA ELEVATION CERTIFICAT E 11
AVAILABLE FOR THE PROPERTY; 12
(VII) WHETHER THE VENDOR HA S KNOWLEDGE OF ANY C LAIMS 13
FILED FOR FLOOD DAMA GE TO THE PROPERTY , INCLUDING WITH THE N ATIONAL 14
FLOOD INSURANCE PROGRAM; AND 15
(VIII) WHETHER THE VENDOR HAS KNOWLEDGE THAT THE 16
PROPERTY EXPERIENCES , OR HAS EXPERIENCED , ANY FLOOD DAMAGE , WATER 17
SEEPAGE, OR POOLED WATER DUE TO A NATURAL FLOODIN G EVENT , INCLUDING 18
FLOODING CAUSED BY H EAVY RAINFALL , A COASTAL STORM SURG E, TIDAL 19
INUNDATION, OR RIVER OVERFLOWS. 20
Article – Real Property 21
10–716. 22
(A) IN THIS SECTION, “FEMA ELEVATION CERTIFICATE” HAS THE MEANING 23
STATED IN § 5–810 OF THE ENVIRONMENT ARTICLE. 24
(B) (1) THIS SECTION APPLIES ONLY TO RESIDENTIAL REAL PROPERTY 25
IMPROVED BY FOUR OR FEWER SINGLE FAMILY UNITS. 26
(2) THIS SECTION DOES NOT APPLY TO: 27
(I) THE INITIAL SALE OF A SINGLE FAMILY RESIDENCE THAT: 28
1. HAS NEVER BEEN OCCUPIED; OR 29
4 HOUSE BILL 200
2. A CERTIFICATE OF OCCUP ANCY HAS BEEN ISSUED 1
FOR WITHIN 1 YEAR BEFORE THE DATE ON WHICH THE VENDOR AND PURCHASER 2
ENTER INTO A CONTRACT OF SALE; 3
(II) A TRANSFER OF PROPERTY THAT IS EXEMPT FROM THE 4
TRANSFER TAX UNDER § 13–207 OF THE TAX – PROPERTY ARTICLE, EXCEPT: 5
1. A LAND INSTALLMENT CONTRACT OF SALE; OR 6
2. AN OPTION TO PURCHASE REAL PROPERTY; 7
(III) A SALE BY A LENDER, OR AN AFFILIATE OF A LENDER, THAT 8
ACQUIRED THE REAL PR OPERTY BY FORECLOSUR E OR DEED IN LIEU OF 9
FORECLOSURE; 10
(IV) A SHERIFF’S SALE, TAX SALE, OR SALE BY FORECLOSU RE, 11
PARTITION, OR COURT–APPOINTED TRUSTEE; 12
(V) A TRANSFER BY A FIDUCIARY IN THE COURSE OF 13
ADMINISTERING A DECE DENT’S ESTATE , GUARDIANSHIP, CONSERVATORSHIP, OR 14
TRUST; 15
(VI) A TRANSFER OF A SINGLE FAMILY RESIDENTIAL R EAL 16
PROPERTY THAT THE BUYER WILL CONVERT INTO A USE OTHER THAN RESIDENTIAL; 17
OR 18
(VII) A SALE OF UNIMPROVED REAL PROPERTY. 19
(B) (C) BEGINNING JULY 1, 2027, BEFORE ENTERING INTO A CONTRACT 20
OF SALE , A VENDOR OF RESIDENT IAL REAL PROPERTY SH ALL PROVIDE TO THE 21
PURCHASER: 22
(1) A COMPLETED FLOOD RISK DISCLOSURE STATEMENT FORM 23
DEVELOPED AND PUBLISHED BY THE DEPARTMENT OF THE ENVIRONMENT UNDER 24
§ 5–810 OF THE ENVIRONMENT ARTICLE; AND 25
(2) IF APPLICABLE: 26
(I) A AVAILABLE, A COPY OF THE FEMA ELEVATION 27
CERTIFICATE FOR THE PROPERTY; 28
(II) AN ACCOUNTING OF ANY MONEY RECEIVED FROM CLAIMS 29
FILED FOR FLOOD DAMAGE TO THE PROPERTY; AND 30
HOUSE BILL 200 5
(III) THE NUMBER OF TIMES F LOODING EVENTS HAVE 1
OCCURRED ON THE PROPERTY. 2
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2027, 3
the Department of the Environment shall publish the flood risk disclosure statement form 4
required under § 5–810 of the Environment Article, as enacted by Section 1 of this Act. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2026. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.