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*hb0258*
HOUSE BILL 258
M1 6lr0180
(PRE–FILED) CF SB 178
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Critical Area Commission) and Delegates Boyce, Holmes,
Lewis, Odom, 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: February 26, 2026
CHAPTER ______
AN ACT concerning 1
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – 2
Standards and Procedures 3
FOR the purpose of altering and updating the standards and procedures governing the 4
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program related to 5
the approval of regulations, local program comprehensive reviews, locational 6
standards for growth allocation, correcting mapping mistakes, and tree replanting; 7
and generally r elating to standards and procedures under the Chesapeake and 8
Atlantic Coastal Bays Critical Area Protection Program. 9
BY renumbering 10
Article – Natural Resources 11
Section 8–1802(a)(2) through 8–1802(a)(31) 12
to be Section 8–1802(a)(3) through 8–1802(a)(32), respectively 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Natural Resources 17
Section 8–1802(a)(1) and 8–1808.1(c)(2) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
2 HOUSE BILL 258
BY adding to 1
Article – Natural Resources 2
Section 8–1802(a)(2) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Natural Resources 7
Section 8–1806(a) and (b)(1)(xiv)2., 8–1808.1(c)(2), 8–1809(j) and (r), and 8–1815.1(b) 8
and (e) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That Section(s) 8 –1802(a)(2) through 8 –1802(a)(31) of Article – Natural Resources of the 13
Annotated Code of Maryland be renumbered to be Section(s) 8 –1802(a)(3) through 14
8–1802(a)(32), respectively. 15
SECTION 1. 2. AND BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY 16
OF MARYLAND, That the Laws of Maryland read as follows: 17
Article – Natural Resources 18
8–1802. 19
(a) (1) In this subtitle the following words have the meanings indicated. 20
(2) “ADJACENT” MEANS, WITH RESPECT TO AREAS WITH DIFFERENT 21
LAND CLASSIFICATIONS: 22
(I) SHARING A COMMON BOUNDARY LINE; OR 23
(II) SEPARATED BY A PUBLIC OR PRIVATE STREET , ROAD, 24
RIGHT–OF–WAY, OR OTHER UTILITY OR ACCESS EASEMENT. 25
8–1806. 26
(a) The Commission has all powers necessary for carrying out the purposes of this 27
subtitle, including the following: 28
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 29
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 30
Procedure Act) of the State Government Article, to adopt and amend regulations BY 31
AFFIRMATIVE VOTE OF THE COMMISSION AND as authorized under this subtitle for the 32
administration and enforcement of the State and local programs; 33
HOUSE BILL 258 3
(2) To conduct hearings i n connection with policies, proposed programs, 1
and proposed regulations or amendments to regulations; and 2
(3) To contract for consultant or other services. 3
(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 4
(1) Establish comprehensive standards and procedures for: 5
(xiv) Directives for local program development and implementation, 6
with respect to: 7
2. The [6–year] 10–YEAR comprehensive review of a local 8
critical area program; 9
8–1808.1. 10
(c) (2) When locating new intensely developed or limited development areas, 11
local jurisdictions shall use the following standards: 12
(i) Locate a new intensely developed area in a limited development 13
area or [adjacent] CONTIGUOUS AND ADJOINING to an existing intensely developed area; 14
(ii) Locate a new limited development area [adjacent] CONTIGUOUS 15
AND ADJOINING to an existing limited development area or an intensely developed area; 16
(iii) Locate a new limited development area or an intensely developed 17
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 18
27.01.09, and in an area and manner that optimizes benefits to water quality; 19
(iv) Locate a new intensely developed area or a limited development 20
area in a resource conservation are a at least 300 feet beyond the landward edge of tidal 21
wetlands or tidal waters, unless the local jurisdiction proposes, and the Commission 22
approves, alternative measures for enhancement of water quality and habitat that provide 23
greater benefits to the resources; 24
(v) Locate new intensely developed areas and limited development 25
areas in a manner that minimizes their impacts to the defined land uses of the resource 26
conservation area; 27
(vi) Locate new intensely developed areas and limited development 28
areas outside of areas vulnerable to climate change unless the local jurisdiction proposes 29
and the Commission approves: 30
1. Areas identified by the local jurisdiction as vulnerable to 31
climate change as required under § 8–1808(c)(1)(iii)16 of this subtitle; and 32
4 HOUSE BILL 258
2. Measures that: 1
A. Assess climate resiliency and vulnerability; and 2
B. Incorporate siting, design, construction, and other natural 3
features to significantly enhance climate resiliency and reduce vulnerability; 4
(vii) Except as provided in item (ix) of this paragraph, no more than 5
one–half of the expansion allocated in the criteria of the Commission may be located in 6
resource conservation areas; 7
(viii) New intensely developed or limited development areas involving 8
the use of gro wth allocation shall conform to all criteria of the Commission and shall be 9
designated on the comprehensive zoning map submitted by the local jurisdiction as part of 10
its application to the Commission for program approval or at a later date in compliance 11
with § 8–1809(g) of this subtitle; and 12
(ix) In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen 13
Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the county is 14
unable to utilize a portion of the growth allocated to the county in items (i) and (ii) of this 15
paragraph within or [adjacent] CONTIGUOUS AND ADJOI NING to existing intensely 16
developed or limited development areas as demonstrated in the local plan approved by the 17
Commission, then that portion of the allocated expan sion which cannot be so located may 18
be located in the resource conservation area in addition to the expansion allocated in item 19
(vii) of this paragraph. A developer shall be required to cluster any development in an area 20
of expansion authorized under this paragraph. 21
8–1809. 22
(j) (1) As often as necessary but not more than 4 times per calendar year, each 23
local jurisdiction may propose program amendments and program refinements to its 24
adopted program. 25
(2) A change to a critical area designation may be granted by a local 26
approving authority on proof of mistake if the proposed critical area classification: 27
(i) Conforms to the State critical area mapping criteria; 28
(ii) 1. Is based on land uses or natural features in existence [as]: 29
A. AS of D ecember 1, 1985 , FOR THE CHESAPEAKE BAY 30
CRITICAL AREA; or 31
B. AS OF JUNE 1, 2002, FOR THE ATLANTIC COASTAL 32
BAYS CRITICAL AREA; OR 33
HOUSE BILL 258 5
2. For areas included in the critical area due to remapping, 1
is based on land uses or natural features in existence at the time of the remapping; 2
(iii) Follows the local jurisdiction’s documented mapping 3
methodology for critical area classifications at the time of original program adoption; and 4
(iv) Is consistent with the purposes, policies, and goals of this subtitle 5
and all criteria of the Commission. 6
(r) (1) Proposed program refinements shall be determined as provided in this 7
subsection. 8
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 9
change an adopted program, the chair, on behalf o f the Commission, may determine that 10
the proposed change is a program refinement. 11
(ii) The chair shall notify the Commission of that determination at 12
the next meeting or a subsequent meeting if the local jurisdiction requests, and the chair 13
approves, an extension. 14
(iii) If a proposed change that was specifically submitted as a 15
program refinement is not acted on by the chair within the 30 –day period UNDER 16
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR APPROVED FOR AN EXTENSION UNDER 17
SUBPARAGRAPH (II) OF THIS PARAGRAPH, the Commission shall notify the appropriate 18
local jurisdiction that the proposed change has been deemed to be a program amendment. 19
(3) (i) The Commission may vote to override the chair’s determination 20
only at the first Commission meeting wher e a quorum is present following the chair’s 21
notification to the Commission. 22
(ii) If the chair’s determination is overridden, the proposed change 23
is deemed a program amendment, which shall be decided by the Commission in accordance 24
with the procedures f or program amendments provided in this section, except that the 25
Commission shall act on the program amendment within [90] 130 days after a vote to 26
override the chair. 27
(iii) If the chair’s determination is not overridden, within 10 working 28
days after th e opportunity to override the chair’s decision under subparagraph (i) of this 29
paragraph, the chair shall: 30
1. Determine if the program refinement is consistent with 31
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 32
Commission; and 33
2. A. Approve the proposed program refinement and 34
notify the local jurisdiction; 35
6 HOUSE BILL 258
B. Deny the program refinement; 1
C. Approve the proposed program refinement subject to one 2
or more conditions; or 3
D. Return the proposed program refinement back to the local 4
jurisdiction with a list of the changes to be made. 5
(iv) If the chair approves a proposed program refinement subject to 6
one or more conditions under subparagraph (iii)2C of this paragraph, the local jurisdiction 7
shall notify the Commission within 60 days of its intent to adopt the conditions. 8
(4) A local jurisdiction shall incorporate an approved program refinement 9
and any required conditions into its adopted program within 120 days of receiving notice 10
from the chair that the program refinement has been approved. 11
8–1815.1. 12
(b) Subject to subsection (f) of this section, if a person cuts or clears or plans to 13
cut or clear trees within the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical 14
Area in violation of an approved local critical area program or of regulations adopted by the 15
Commission, the chair may bring an action, or the local jurisdiction may bring an action or 16
request that the chair of the Commission refer the matter to the Attorney General to bring 17
an action: 18
(1) To require the person to replant trees where the cutting or clearing 19
occurred in accordance with a plan prepared by the State Forester, a [registered 20
professional] LICENSED forester, [or] a [registered] LICENSED landscape architect, OR 21
ANY OTHER QUALIFIED PROFESSIONAL APPROVED BY THE DEPARTMENT; 22
(2) To restrain the planned violation; or 23
(3) For damages: 24
(i) To be assessed by a circuit court in an amount equal to the 25
estimated cost of replanting trees; and 26
(ii) To be paid to the [Department] LOCAL JURISDICTION by the 27
person found to have violated the provisions of this subsection. 28
(e) On the request of a local jurisdiction or the chair of the Commission, the State 29
Forester, a [registered professional ] LICENSED forester, [or] a [registered] LICENSED 30
landscape architect , OR ANY OTHER QUALIFI ED PROFESSIONAL APPR OVED BY THE 31
DEPARTMENT may prepare, oversee, and approve the final implementation of a plan to: 32
HOUSE BILL 258 7
(1) Replant trees in any part of the Chesapeake Bay Criti cal Area where 1
trees in the Chesapeake Bay Critical Area are cut or cleared in violation of subsection (b) 2
of this section; and 3
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 4
where trees in the Atlantic Coastal Bays Critical Ar ea are cut or cleared in violation of 5
subsection (b) of this section. 6
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.