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*hb0247*
HOUSE BILL 247
M1 6lr0182
(PRE–FILED) CF 6lr0181
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Critical Area Commission) and Delegates Behler and Stein
Requested: September 30, 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 3, 2026
CHAPTER ______
AN ACT concerning 1
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – 2
Variances – Alterations 3
FOR the purpose of altering certain standards and requirements for variances from land 4
use requirements under the Chesapeake and Atlantic Coastal Bays Critical Area 5
Protection Program; and generally relating to variances under the Chesapeake and 6
Atlantic Coastal Bays Critical Area Protection Program. 7
BY repealing and reenacting, without amendments, 8
Article – Natural Resources 9
Section 8–1808(d)(1) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Natural Resources 14
Section 8–1808(d)(3) and (5) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Natural Resources 19
Section 8–1808(d)(10) 20
2 HOUSE BILL 247
Annotated Code of Maryland 1
(2023 Replacement 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 – Natural Resources 5
8–1808. 6
(d) (1) In this subsection, “unwarranted hardship” means that, without a 7
variance, an applicant would be denied reasonable and significant use of the entire parcel 8
or lot for which the variance is requested. 9
(3) (i) A local jurisdiction shall process an application for a variance 10
regarding a parcel or lot that is subject to a current violation of this subtitle, a regulation 11
adopted under the authority of this subtitle, or any provi sion of an order, permit, plan, or 12
local program in accordance with subsection (c)(1)(iii)15 of this section. 13
(ii) In considering an application for a variance, a local jurisdiction 14
shall presume that the specific development activity in the critical a rea that is subject to 15
the application and for which a variance is required does not conform with the general 16
purpose and intent of this subtitle, regulations adopted under this subtitle, and the 17
requirements of the local jurisdiction’s program. 18
(iii) If the variance request is based on conditions or circumstances 19
that are the result of actions by the applicant, a local jurisdiction shall consider that fact. 20
(IV) 1. THIS SUBPARAGRAPH DOE S NOT APPLY TO A NEW 21
ADDITIONAL OR ACCESS ORY DWELLING UNIT , AS DEFINED UNDER AN APP ROVED 22
LOCAL CRITICAL AREA PROGRAM. 23
2. WHEN REQUESTING A VAR IANCE FOR A NEW 24
ACCESSORY STRUCTURE OR USE , A REBUTTABLE PRESUMP TION EXISTS THAT AN 25
EXISTING ACCESSORY STRUCTURE OR USE ON THE PARCEL OR LOT DEMONSTRATES 26
REASONABLE AND SIGNIFICANT USE. 27
(V) A LOCAL JURISDICTION MAY NOT ACCEPT AN APPLICATION 28
FOR A VARIANCE TO: 29
1. AUTHORIZE A USE THAT IS NOT ALLOWED BY TH E 30
CRITICAL AREA LAND CLASSIFICATION OF THE LOT OR PARCEL; 31
2. ADJUST THE AMOUNT OR TYPE OF MITIGATION 32
REQUIRED BY CRITICAL AREA REGULATIONS OR A LOCAL CRITICAL AREA PROGRAM; 33
OR 34
HOUSE BILL 247 3
3. PROVIDE RELIEF THAT C OULD BE OBTAINED 1
THROUGH AN AVAILABLE ADMINISTRATIVE PROCESS THAT IS APPROVED AS PART 2
OF A LOCAL JURISDICTION’S CRITICAL AREA PROGRAM. 3
(5) (I) A variance to a local jurisdiction’s critical area program may not 4
be granted unless: 5
[(i)] 1. Due to special features of a site, or special conditions or 6
circumstances peculiar to the applicant’s land or structure, a literal enforcement of the 7
critical area program would result in unwarranted hardship to the applicant; 8
[(ii)] 2. The local jurisdiction finds that the applicant has satisfied 9
each one of the variance provisions; [and] 10
[(iii)] 3. [Without] SUBJECT TO SUBPARAGRA PH (II) OF THIS 11
PARAGRAPH, WITHOUT the variance, the applicant would be deprived of a use of land or 12
a structure permitted to others in accordance with the provisions of the critical area 13
program; 14
4. THE APPLICANT DEMONST RATES A SUBSTANTIAL 15
NEED FOR THE VARIANC E THAT IS NOT BASED ON C ONVENIENCE, PERSONAL 16
PREFERENCE, OR FINANCIAL ADVANTAGE; AND 17
5. THE APPLICANT DEMONST RATES THAT THE 18
DEVELOPMENT CANNOT BE LOCATED OUTSIDE A HABITAT PROTECTION AREA. 19
(II) 1. SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH DOES 20
NOT APPLY TO A NEW A DDITIONAL OR ACCESSORY DWELLIN G UNIT , AS DEFINED 21
UNDER AN APPROVED LOCAL CRITICAL AREA PROGRAM. 22
2. THE APPLICANT MAY MAK E A COMPARISON UNDER 23
SUBPARAGRAPH (I)3 OF THIS PARAGRAPH ON LY TO OTHER PROPERTIES OR 24
ACCESSORY STRUCTURES THAT: 25
1. A. ARE LOCATED IN THE CRITICAL AREA; 26
2. B. WERE DEVELOPED AFTER THE ADOPTION OF THE 27
LOCAL JURISDICTION’S CRITICAL AREA PROGRAM; 28
3. C. WERE CONFORMING AND L EGALLY AUTHORIZED AT 29
THE TIME OF DEVELOPMENT; 30
4. D. ARE SIMILARLY SITUATED; AND 31
4 HOUSE BILL 247
5. E. IF LOCATED IN A MODIFIED BUFFER AREA , WERE 1
DEVELOPED IN ACCORDANCE WITH REQUIREMENTS FOR MODIFIED BUFFER AREAS 2
UNDER THE LOCAL JURISDICTION’S CRITICAL AREA PROGRAM. 3
(10) A LOCAL BOARD OF APPEALS SHALL: 4
(I) HEAR ON THE RECORD AN APPEAL OF AN ADMINISTRATIVE 5
OFFICER’S DECISION ON A CRITICAL AREA VARIANCE APPLICATION; AND 6
(II) GRANT DEFERENCE TO TH E ADMINISTRATIVE OFF ICER’S 7
FINDINGS OF FACT. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.