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.
Italics indicate opposite chamber/conference committee amendments.
*hb0613*
HOUSE BILL 613
M1, M3 (6lr1569)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegates T. Morgan, Boyce, Crosby, Fisher, Foley, Ghrist,
Hutchinson, Jacobs, J. Long, M. Morgan, and Ziegler Ziegler, Anderson,
Behler, Guyton, Holmes, Lewis, and Stein
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Calvert and St. Mary’s Counties – Department of the Environment – Waivers for 2
Living Shorelines and Nonstructural Shoreline Stabilization Measures – 3
Regulations and Scoring System 4
FOR the purpose of establishing requirements for the use of authorizing a person to use 5
living shorelines and nonstructural stabilization measures in Calvert County and St. 6
Mary’s County; exempting property located in Calvert County and St. Mary’s County 7
from certain general requirements regarding the use of nonstructural shoreline 8
stabilization measures as a certain erosion control measure; requiring that certain 9
regulations adopted by the Department of the Environment require the Department 10
to take certain action during the evaluation of a certain waiver request under certain 11
circumstances; requiring the Department to develop a certain scoring system in 12
2 HOUSE BILL 613
consultation with a certain licensed marine contractor ; and generally relating to 1
shoreline erosion and stabilization. 2
BY repealing and reenacting, with amendments, 3
Article – Environment 4
Section 16–201 5
Annotated Code of Maryland 6
(2014 Replacement Volume and 2025 Supplement) 7
BY repealing 8
Article – Natural Resources 9
Section 8–1808.11 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Natural Resources 14
Section 8–1808.11 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Environment 20
16–201. 21
(a) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) (I) “LIVING SHORELINE” MEANS A PROJECT TO MITIGATE THE 24
EFFECTS OF EROSION C AUSED BY SHORELINE FLOODING O R INUNDATION , 25
CURRENTS, AND WAVE ENERGY THROUGH PROJECT DESIGN THAT: 26
1. STABILIZES A SHORELIN E BY USING NATURAL 27
MATERIALS TO CREATE BUFFERS TO ABSORB TH E IMPACT OF COASTAL STORMS, 28
FLOODING, AND WAVE ENERGY AND TO PREVENT OR MINIMI ZE SHORELINE 29
EROSION; 30
2. INCORPORATES AS MANY NATURAL ELEMENTS AS 31
POSSIBLE TO ENSURE A SUBSTANTIAL BIOLOGICAL COMPONENT, SUCH AS NATIVE, 32
OR TIDAL, OR LACUSTRINE FRINGE WETLANDS, OYSTER REEFS , SUBMERGED 33
AQUATIC VEGETATION, OR NATIVE PLANTS; 34
HOUSE BILL 613 3
3. UTILIZES TECHNIQUES T HAT INCORPORATE 1
ECOLOGICAL AND COAST AL ENGINEERING PRINC IPLES IN SHORELINE 2
STABILIZATION; AND 3
4. TO THE EXTENT POSSIBLE, MAINTAINS OR RESTORES 4
EXISTING NATURAL SLOPES AND CONNECTIONS BETWEEN UPLANDS AND ADJACENT 5
WETLANDS OR SURFACE WATERS. 6
(II) “LIVING SHORELINE” INCLUDES THE USE OF: 7
1. NATURAL ELEMENTS SUCH AS SAND , WETLAND 8
PLANTS, WOODY DEBRIS , OYSTERS OR OTHER SHE LLFISH, SUBMERGED AQUATIC 9
VEGETATION, NATIVE GRASSES , SHRUBS, TREES, OR OTHER BIODEGRADAB LE 10
MATERIALS AS APPROVED BY THE DEPARTMENT; AND 11
2. LOW PROFILE WHERE APPROPRIATE , STRUCTURAL 12
ELEMENTS CHANNELWARD OF THE MEAN HIGH WAT ER LINE , SUCH AS STONE , 13
CONCRETE, OYSTER DOMES, OR OTHER APPROVED ENGINEERED STRUCTURES. 14
(III) “LIVING SHORELINE ” MAY INCLUDE NONSTRUCTURAL 15
STABILIZATION MEASURES. 16
(3) (I) “NONSTRUCTURAL NONSTRUCTURAL SHORELINE 17
STABILIZATION MEASURE” MEANS AN EROSION CONTROL MEASURE THAT IS: 18
(I) 1. DOMINATED BY TIDAL WETLAND VEGETATION; AND 19
(II) 2. DESIGNED TO PRESERVE THE NATURAL SHORELINE, 20
MINIMIZE EROSION, AND ESTABLISH AQUATIC HABITAT. 21
(2) (II) “NONSTRUCTURAL SHORELINE STABILIZATION MEA SURE” 22
INCLUDES MARSH OR OTHER TIDAL WETLAND CONSTRUCTION. 23
(B) (1) A person who is the owner of land bounding on navigable water is 24
entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or 25
avulsion during the person’s ownership of the land to the extent of provable existing 26
boundaries. 27
(2) The person may make improvements into the water in front of the land 28
to preserve that person’s access to the navigable water or, subject to [subsection (c) (D)] 29
SUBSECTIONS (D) AND (E) OF THIS SECTION, protect the shore of that person against 30
erosion. 31
4 HOUSE BILL 613
(3) After an improvement has been constructed, the improvement is the 1
property of the owner of the land to which the improvement is attached. 2
(4) A right covered in this subtitle does not preclude the owner from 3
developing any other use approved by the Board. 4
(5) The right to reclaim lost fast land relates only to fast land lost after 5
January 1, 1972, and the burden of proof that the loss occurred after this date is on the 6
owner of the land. 7
[(b)] (C) The rights of any person, as defined in this subtitle, which existed prior 8
to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be 9
in existence subsequent to July 1, 1973 to July 1, 1978. 10
[(c)] (D) (1) THIS SUBSECTION DOES NOT APPLY TO PR OPERTY 11
LOCATED IN: 12
(I) CALVERT COUNTY; OR 13
(II) ST. MARY’S COUNTY APPLIES ONLY TO A SHORELINE 14
STABILIZATION PROJECT FOR WHICH ANY PORTION OF THE PROJECT IS IN AN AREA 15
THAT IS NOT DESIGNAT ED AS APPROPRIATE FO R STRUCTURAL SHORELI NE 16
STABILIZATION MEASURES BY DEPARTMENT MAPPING. 17
[(1)] (2) Improvements to protect a person’s property against erosion 18
shall consist of A LIVING SHORELINE OR nonstructural shoreline stabilization measures 19
that preserve the natural environment, such as marsh creation, except: 20
(i) In areas designated by Departme nt mapping as appropriate for 21
structural shoreline stabilization measures; and 22
(ii) In IN areas where the person can demonstrate to the 23
Department’s satisfaction that such measures are not feasible, including areas of excessive 24
erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural 25
shoreline stabilization measures. 26
[(2)] (3) (i) Subject to subparagraph (ii) of this paragraph, in 27
consultation with the Department of Natural Resources, the Department shall adopt 28
regulations to implement the provisions of this subsection. 29
(ii) Regulations adopted by the Department under subparagraph (i) 30
of this paragraph shall: 31
1. include INCLUDE a waiver process that exempts a person 32
from the requirements of paragraph [(1)] (2) of this subsection on a demonstration to the 33
HOUSE BILL 613 5
Department’s satisfaction that A LIVING SHORELINE O R nonstructural shoreline 1
stabilization measures are not feasible for the person’s property; AND 2
2. REQUIRE THE DEPARTMENT, AS PART OF ITS 3
EVALUATION OF WAIVER REQUESTS, TO: 4
A. ON REQUEST OF THE PROPERTY OWNER AND UNLESS 5
ANOTHER AMOUNT OF TIME IS AGREED TO WITH THE PROPERTY OWNER, VISIT THE 6
SITE OF THE PROPOSED PROJECT WITHIN 45 DAYS AFTER THE DATE OF THE WAIVER 7
REQUEST; AND 8
B. PROVIDE THE LOCAL SOI L CONSERVATION DISTRICT 9
WITH WRITTEN NOTICE OF THE WAIVER REQUEST AND PROVIDE THE DISTRICT THE 10
OPPORTUNITY TO MAKE RECOMMENDATIONS WITHIN 15 DAYS AFTER RECEIPT O F 11
THE WRITTEN NOTICE ON THE ACCEPTANCE OF OR MODIFICATIONS TO THE WAIVER 12
REQUEST. 13
(E) (1) THE DEPARTMENT, IN CONSULTATION WITH A LICENSED MARINE 14
CONTRACTOR, SHALL DEVELOP A SCOR ING SYSTEM TO EVALUA TE WAIVER 15
REQUESTS UNDER THIS SECTION. 16
(2) THE SCORING SYSTEM DE VELOPED UNDER PARAGR APH (1) OF 17
THIS SUBSECTION SHALL INCLUDE: 18
(I) THE FACTORS THE DEPARTMENT WILL CONSI DER IN 19
EVALUATING A REQUEST; 20
(II) THE RELATIVE WEIGHT OF EACH FACTOR; AND 21
(III) THE MINIMUM SCORE THA T A PROJECT MUST REC EIVE TO 22
DEMONSTRATE TO THE DEPARTMENT’S SATISFACTION THAT A LIVING SHORELINE 23
OR NONSTRUCTURAL SHORELINE STABILIZATION MEASURE IS NOT FEASIBLE FO R 24
THE PERSON’S PROPERTY. 25
(3) THE DEPARTMENT SHALL PUBL ISH THE SCORING SYST EM 26
DEVELOPED UNDER THIS SUBSECTION ON THE DEPARTMENT’S WEBSITE. 27
(4) NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO LIMIT THE 28
DISCRETION OF THE DEPARTMENT TO GRANT A WAIVER TO A PROJECT THAT DOES 29
NOT RECEIVE A MINIMUM SCORE. 30
(E) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 31
MEANINGS INDICATED. 32
6 HOUSE BILL 613
(II) “HIGH–ENERGY ENVIRONMENT ” MEANS AN AREA 1
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA: 2
1. A FETCH OF GREATER THAN 2 MILES; 3
2. A STEEP NEARSHORE SLOPE EXCEEDING 5%, WHERE 4
WATER DEEPENS QUICKL Y ALLOWING LARGE WAV ES TO REACH THE SHOR ELINE 5
WITHOUT MUCH DISSIPATION; AND 6
3. GREATER THAN 2 FEET OF EROSION PER YEAR. 7
(III) 1. “LIVING SHORELINE ” MEANS A PROJECT TO 8
MITIGATE THE EFFECTS OF EROSION CAUSED BY SHORELINE FLOODING O R 9
INUNDATION, CURRENTS, AND WAVE ENERGY THROUGH PROJECT DESIGN THAT: 10
A. STABILIZES A SHORELIN E BY USING NATURAL 11
MATERIALS TO CREATE BUFFERS TO ABSORB TH E IMPACT OF COASTAL STORMS, 12
FLOODING, AND WAVE ENERGY AND TO PREVENT OR MINIMI ZE SHORELINE 13
EROSION; 14
B. INCORPORATES AS MANY NATURAL ELEMENTS AS 15
POSSIBLE, SUCH AS NATIVE WETLA NDS, OYSTER REEFS , SUBMERGED AQUATIC 16
VEGETATION, NATIVE GRASSES, SHRUBS, OR TREES; 17
C. UTILIZES TECHNIQUES T HAT INCORPORATE 18
ECOLOGICAL AND COAST AL ENGINEERING PRINC IPLES IN SHORELINE 19
STABILIZATION; AND 20
D. TO THE EXTENT POSSIBLE, MAINTAINS OR RESTORES 21
EXISTING NATURAL SLOPES AND CONNECTIONS BETWEEN UPLANDS AND ADJACENT 22
WETLANDS OR SURFACE WATERS. 23
2. “LIVING SHORELINE” INCLUDES THE USE OF: 24
A. NATURAL ELEMENTS SUCH AS SAND , WETLAND 25
PLANTS, LOGS, OYSTERS OR OTHER SHE LLFISH, SUBMERGED AQUATIC 26
VEGETATION, NATIVE GRASSES, SHRUBS, TREES, OR COIR FIBER LOGS; AND 27
B. STRUCTURAL MATERIALS , SUCH AS STONE , 28
CONCRETE, OYSTER DOMES, OR OTHER APPROVED ENGINEERED STRUCTURES. 29
(IV) “MEDIUM–ENERGY ENVIRONMENT ” MEANS AN AREA 30
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA: 31
HOUSE BILL 613 7
1. A FETCH OF 0.5 MILES TO 2 MILES; 1
2. A MODERATE NEARSHORE SLOPE OF 2% TO 5% WITH 2
ENOUGH DEPTH FOR SMALL TO MODERATE WAVES TO PERSIST; AND 3
3. FROM 0.5 FEET TO 2 FEET OF EROSION PER YEAR. 4
(2) THIS SUBSECTION APPLIES ONLY TO PROPERTY LOCATED IN: 5
(I) CALVERT COUNTY; OR 6
(II) ST. MARY’S COUNTY. 7
(3) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION , 8
IMPROVEMENTS TO PROT ECT A PERSON ’S PROPERTY AGAINST E ROSION SHALL 9
CONSIST OF A LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION 10
MEASURES, EXCEPT IN AREAS WHER E THE PERSON CAN DEM ONSTRATE TO THE 11
LOCAL SOIL CONSERVAT ION DISTRICT’S SATISFACTION THAT THE PROJECTS AND 12
MEASURES ARE NOT FEA SIBLE, INCLUDING AREAS OF EXCESSIVE EROSION, AREAS 13
SUBJECT TO HEAVY TID ES, AND AREAS TOO NARROW FOR EFFECTIVE USE OF A 14
LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION MEASURES. 15
(4) A SOIL CONSERVATION DI STRICT MAY WAIVE OR REDUCE 16
MITIGATION REQUIREME NTS FOR LIVING SHORE LINES OR NONSTRUCTUR AL 17
SHORELINE STABILIZAT ION MEASURES IN MEDI UM– AND HIGH–ENERGY 18
ENVIRONMENTS IF , TO THE SOIL CONSERVA TION DISTRICT ’S SATISFACTION , THE 19
LAND–WATER INTERFACE IS MAINTAINED. 20
(5) ONLY A SOIL CONSERVAT ION DISTRICT MAY IMP OSE 21
RESTRICTIONS ON THE TIME OF YEAR WHEN A LIVING SHORELINE OR 22
NONSTRUCTURAL SHORELINE STABILIZATION MEASURE MAY BE CONSTRUCTED I N 23
CALVERT COUNTY OR ST. MARY’S COUNTY. 24
(6) (I) THE CALVERT SOIL CONSERVATION DISTRICT AND THE ST. 25
MARY’S SOIL CONSERVATION DISTRICT SHALL ADOPT REGULATIONS TO 26
IMPLEMENT THE PROVISIONS OF THIS SUBSECTION. 27
(II) THE REGULATIONS SHALL: 28
1. INCLUDE A WAIVER PROC ESS THAT EXEMPTS A 29
PERSON FROM THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION ON A 30
DEMONSTRATION TO THE SOIL CONSERVATION DISTRICT’S SATISFACTION THAT THE 31
8 HOUSE BILL 613
USE OF A LIVING SHOR ELINE OR NONSTRUCTUR AL SHORELINE STABILIZAT ION 1
MEASURES IS NOT FEASIBLE FOR THE PERSON’S PROPERTY; AND 2
2. REQUIRE A LIVING SHORELINE OR NONSTRUCTURAL 3
SHORELINE STABILIZATION MEASURE TO BE DESIGNED TO WITHSTAND AT LEAST A 4
10–YEAR STORM EVENT. 5
(7) (I) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE 6
STABILIZATION PROJEC T FOR WHICH THE CALVERT SOIL CONSERVATION 7
DISTRICT HAS PROVIDED DESIGN SERVICES UNLE SS THE ST. MARY’S SOIL 8
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERT IFIED THAT IT 9
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION. 10
(II) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE 11
STABILIZATION PROJEC T FOR WHICH THE ST. MARY’S SOIL CONSERVATION 12
DISTRICT HAS PROVIDED DESIGN SERVICES UNLE SS THE CALVERT SOIL 13
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERTIFIED THAT I T 14
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION. 15
Article – Natural Resources 16
[8–1808.11. 17
(a) Other than in areas designated by the Department of the Environment 18
mapping as appropriate for structural shoreline stabilization measures, improvements to 19
protect a person’s property against erosion shall consist of nonstructural shoreline 20
stabilization measures that preserve the natural environment, such as marsh creation, 21
except in areas where the person can demonstrate to the satisfaction of the Department of 22
the Environment that these measures are not feasible, including areas of excessive erosion, 23
areas subject to heavy tides, and areas too narrow for effective use of nonstructural 24
shoreline stabilization measures. 25
(b) (1) In consultation with the Department, the Department of the 26
Environment shall adopt regulations to implement the provisions of this subsection. 27
(2) The regulations shall include a waiver process that exempts a person 28
from the requirements of subsection (a) of this section on a demonstration to the satisfaction 29
of the Department of the Environment that nonstructural shoreline stabilization measures 30
are not feasible for the person’s property.] 31
8–1808.11. 32
IMPROVEMENTS TO PROTE CT A PERSON ’S PROPERTY AGAINST EROSION 33
SHALL BE IN ACCORDAN CE WITH THE PROVISIO NS OF § 16–201 OF THE 34
ENVIRONMENT ARTICLE. 35
HOUSE BILL 613 9
SECTION 2. AND BE IT FURTHER ENACTED, That: 1
(a) (1) The Department of the Environment shall work with stakeholders on 2
further alterations to the waiver process under § 16–201 of the Environment Article. 3
(2) In working with stakeholders as required under paragraph (1) of this 4
subsection, the Department shall: 5
(i) discuss how to: 6
1. address the specific challenges with constructing shoreline 7
stabilization projects in medium– and high–energy environments; and 8
2. provide greater transparency and certainty to the waiver 9
process; and 10
(ii) review existing time–of–year and mitigation requirements. 11
(b) On or before December 1, 2026, the Department shall report to the Senate 12
Committee on Education, Energy, and the Environment and the House Environment and 13
Transportation Committee, in accordance with § 2 –1257 of the State Government Article, 14
on the progress of the stakeholder engagement required under subsection (a) of this section. 15
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October July 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.