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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0701*
HOUSE BILL 701
M3 6lr2460
CF SB 523
By: Delegates Hill, Lehman, Terrasa, and Wu Wu, Lewis, and Odom
Introduced and read first time: February 2, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 23, 2026
CHAPTER ______
AN ACT concerning 1
Department of the Environment Natural Resources – Water Resources – 2
Protection Identification of Vernal Pools 3
(Jack Cover Vernal Pool Wetlands Protection Act of 2026) 4
FOR the purpose of requiring the Department of the Environment to adopt regulations in 5
a certain manner Natural Resources in coordination with the Department of the 6
Environment to identify and protect certain vernal pools in the State in a certain 7
manner; requiring the Department, when issuing a certain permit, to protect certain 8
vernal pools that are located within the geographic area covered by the permit of 9
Natural Resources to create and maintain a certain list of vernal pools in the State 10
in a certain manner; requiring the Department of the Environment to designate staff 11
to receive training in vernal pool identification and to notify the Departme nt of 12
Natural Resources under certain circumstances ; and generally relating to the 13
regulatory protection of water resources and identification of vernal pools in the 14
State. 15
BY adding to 16
Article – Environment Natural Resources 17
Section 5–205 1–1002 18
Annotated Code of Maryland 19
(2013 2023 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Environment 22
Section 5–901(a), (b), (f), and (m) 23
2 HOUSE BILL 701
Annotated Code of Maryland 1
(2013 Replacement Volume and 2025 Supplement) 2
Preamble 3
WHEREAS, Vernal pools are unique, small –scale ecosystems that contribute 4
significantly to the biodiversity of Maryland by providing habitat for species that cannot 5
reproduce in alternative habitats, including the wood frog, mole sal amanders, and fairy 6
shrimp; and 7
WHEREAS, Vernal pools provide a significant amount of ecosystem services as they 8
occur frequently throughout Maryland and have the capacity to replenish groundwater and 9
filter stormwater flows; and 10
WHEREAS, Nontidal wetl ands that meet the three federal wetland delineation 11
criteria of hydrology, hydric soils, and hydrophytic vegetation, including vernal pools that 12
satisfy those criteria, are regulated and protected by the State; and 13
WHEREAS, Vernal pools that do not meet all three federal wetland delineation 14
criteria are not afforded the regulatory protections applicable to nontidal wetlands in the 15
State and may suffer impairments or losses without regulatory review or approval; now, 16
therefore, 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
5–205. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “AGRICULTURAL ACTIVITY ” HAS THE MEANING STAT ED IN § 24
5–901 OF THIS TITLE. 25
(3) “FORESTRY ACTIVITY” HAS THE MEANING STATED IN § 5–901 OF 26
THIS TITLE. 27
(4) “NONTIDAL WETLAND” HAS THE MEANING STATED IN § 5–901 OF 28
THIS TITLE. 29
(5) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS 30
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE. 31
HOUSE BILL 701 3
(6) “QUALIFIED VERNAL POOL ” MEANS A CONFINED DEP RESSION 1
THAT: 2
(I) HAS SURFACE WATER FOR PART OF THE YEAR; 3
(II) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR 4
OBLIGATE SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES; AND 5
(III) DOES NOT MEET THE CRI TERIA FOR PROTECTION AS A 6
NONTIDAL WETLAND UND ER FEDERAL OR STATE LAW, INCLUDING THE FEDERA L 7
WETLAND DELINEATION CRITERIA OF HYDROLOG Y, HYDRIC SOILS , AND 8
HYDROPHYTIC VEGETATION. 9
(7) (I) “REGULATED ACTIVITY ” MEANS ANY OF THE FOLLOWING 10
ACTIVITIES IN A QUAL IFIED VERNAL POOL OR WITHIN A BUFFER AROU ND A 11
QUALIFIED VERNAL POOL: 12
1. THE REMOVAL, EXCAVATION, OR DREDGING OF SOIL, 13
SAND, GRAVEL, MINERALS, ORGANIC MATTER, OR MATERIALS OF ANY KIND; 14
2. THE CHANGING OF EXIST ING DRAINAGE 15
CHARACTERISTICS, SEDIMENTATION PATTER NS, FLOW PATTERNS , OR FLOOD 16
RETENTION CHARACTERISTICS; 17
3. THE DISTURBANCE OF THE WATER LEVEL OR WAT ER 18
TABLE BY DRAINAGE, IMPOUNDMENT, OR OTHER MEANS; 19
4. THE DUMPING , DISCHARGING OF MATER IAL, OR 20
FILLING WITH MATERIAL , INCLUDING THE DRIVIN G OF PILES AND PLACI NG OF 21
OBSTRUCTIONS; 22
5. THE GRADING OR REMOVA L OF MATERIAL THAT 23
WOULD ALTER EXISTING TOPOGRAPHY; AND 24
6. THE DESTRUCTION OR RE MOVAL OF PLANT LIFE 25
THAT WOULD ALTER THE CHARACTER OF A QUALIFIED VERNAL POOL. 26
(II) “REGULATED ACTIVITY ” DOES NOT INCLUDE AN 27
AGRICULTURAL ACTIVITY OR FORESTRY ACTIVITY AS DEFINED IN THIS SECTION. 28
(B) THE DEPARTMENT SHALL ADOPT REGULATIONS TO: 29
4 HOUSE BILL 701
(1) ESTABLISH AND MAINTAIN A LIST OF QUALIFIE D VERNAL POOLS 1
IN THE STATE; 2
(2) ESTABLISH PROTECTIONS RELATED TO THE PRESE RVATION OF 3
QUALIFIED VERNAL POOLS IN THE STATE; 4
(3) ESTABLISH PROTECTIONS FOR BUFFERS AROUND Q UALIFIED 5
VERNAL POOLS IN THE STATE; AND 6
(4) REQUIRE THAT A PERSON CONDUCTING A REGULATED ACTIVITY 7
RESULTING IN IMPAIRM ENTS OR LOSSES TO A QUALIFIED VERNAL POO L OR A 8
BUFFER AROUND A QUALIFIED VERNAL POOL: 9
(I) AVOID IMPAIRMENTS AND LOSSES TO THE MAXIMU M 10
EXTENT PRACTICABLE; 11
(II) MINIMIZE IMPAIRMENTS AND LOSSES TO THE MA XIMUM 12
EXTENT PRACTICABLE WHERE AVOIDANCE IS NOT POSSIBLE; AND 13
(III) PROVIDE COMPENSATION OR OTHER MITIGATION AS 14
DETERMINED BY THE DEPARTMENT FOR ANY RE MAINING UNAVOIDABLE 15
IMPAIRMENTS AND LOSSES. 16
(C) THE REGULATIONS ADOPTED UNDER SUBSECTION (B) OF THIS SECTION 17
SHALL APPLY ONLY TO QUALIFIED VERNAL POOLS THAT HAVE BEEN IDENTIFIED OR 18
DOCUMENTED BY: 19
(1) THE DEPARTMENT; 20
(2) A PERSON USING IDENTIF ICATION METHODS APPR OVED BY THE 21
DEPARTMENT, INCLUDING MAPPING OR OTHER SCIENTIFIC INFORMATION; OR 22
(3) A CERTIFIED WETLAND DELINEATOR DURING A SITE ASSESSMENT 23
CONDUCTED BEFORE THE ISSUANCE OF A PERMIT FOR A REGULATED ACTIVITY. 24
(D) (1) IN DEVELOPING THE REG ULATIONS UNDER SUBSE CTION (B) OF 25
THIS SECTION, THE DEPARTMENT SHALL, TO THE EXTENT PRACTICABLE: 26
(I) ENSURE THAT THE BUFFER SPECIFICATION S FOR 27
QUALIFIED VERNAL POOLS BE CONSISTENT WITH THE BUFFER SPECIFICATIONS FOR 28
NONTIDAL WETLANDS UNDER § 5–906 OF THIS TITLE; AND 29
HOUSE BILL 701 5
(II) ENSURE THAT THE COMPE NSATION AND MITIGATI ON 1
REQUIREMENTS FOR IMPAIRMENTS AND LOSSES WITHIN QUALIFIED VERNAL POOLS 2
BE CONSISTENT WITH T HE COMPENSATION AND MITIGATION REQUIREMENTS FOR 3
IMPAIRMENTS AND LOSS ES WITHIN NONTIDAL W ETLANDS UNDER §§ 5–909 AND 4
5–910 OF THIS TITLE. 5
(2) IN ADDITION TO THE RE QUIREMENTS UNDER PARAGRAPH (1) OF 6
THIS SUBSECTION, THE DEPARTMENT MAY: 7
(I) USE MAPPING OR OTHER SCIENTIFIC INFORMATI ON TO 8
IDENTIFY ADDITIONAL QUALIFIED VERNAL POO LS FOR INCLUSION ON THE 9
DEPARTMENT’S LIST OF QUALIFIED VERNAL POOLS; AND 10
(II) CONSULT WITH ANY STAK EHOLDER GROUP AS 11
APPROPRIATE, INCLUDING THE DEPARTMENT OF NATURAL RESOURCES AND THE 12
UNIVERSITY OF MARYLAND. 13
(E) IN ISSUING A PERMIT F OR A REGULATED ACTIVITY, THE DEPARTMENT 14
SHALL PROVIDE PROTECTIONS FOR ANY QUALIFIED VERNAL POOLS THAT ARE: 15
(1) LISTED BY THE DEPARTMENT IN ACCORDA NCE WITH 16
SUBSECTIONS (B) AND (C) OF THIS SECTION; AND 17
(2) LOCATED WITHIN THE GE OGRAPHIC AREA COVERE D BY THE 18
PERMIT. 19
5–901. 20
(a) In this subtitle the following words have the meanings indicated. 21
(b) (1) “Agricultural activity” means aquaculture and farming activities. 22
(2) “Agricultural activity” includes: 23
(i) Plowing, tillage, cropping, seeding, cultivating, and harvesting 24
for the production of food and fiber products; and 25
(ii) The grazing of livestock. 26
(f) “Forestry activity” means planting, cultivating, thinning, harvesting, or any 27
other activity undertaken to use forest resources or to improve their quality or productivity. 28
(m) (1) “Nontidal wetland” means an area that is inundated or saturated by 29
surface water or groundwater at a frequenc y and duration sufficient to support, and that 30
6 HOUSE BILL 701
under normal circumstances does support, a prevalence of vegetation typically adapted for 1
life in saturated soil conditions, commonly known as hydrophytic vegetation. 2
(2) The determination of whether an are a is a nontidal wetland shall be 3
made in accordance with the publication known as the “Federal Manual for Identifying and 4
Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended. 5
(3) “Nontidal wetlands” do not include tidal wetlands regulated under Title 6
16 of this article. 7
Article – Natural Resources 8
1–1002. 9
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “FACULTATIVE SPECIES” MEANS AN ANIMAL SPECIES THAT USES 12
VERNAL POOLS IRREGULARLY. 13
(3) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS 14
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE. 15
(4) “TYPICAL YEAR ” MEANS A YEAR IN WHIC H RAINFALL TOTALS 16
MEET OR EXCEED THE AVERAGE YEARLY RAINFALL FROM THE PREVIOUS 30 YEARS 17
FOR THE LOCATION WITHIN WHICH THE VERNAL POOL IS LOCATED. 18
(5) “VERNAL POOL” MEANS A CONFINED DEPRESSION THAT: 19
(I) HAS SURFACE WATER FOR AT LEAST 2 CONSECUTIVE 20
MONTHS BETWEEN NOVEMBER AND MAY IN A TYPICAL YEAR; 21
(II) EXPERIENCES A DECREAS E IN WATER LEVEL TO 6 INCHES 22
OR LESS BETWEEN JUNE AND SEPTEMBER IN A TYPICAL YEAR; 23
(III) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR 24
VARIOUS ANIMAL SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES 25
THAT ARE FACULTATIVE SPECIES OR OBLIGATE SPECIES; 26
(IV) CONTAINS LESS THAN 30% AERIAL COVER OF EMER GENT 27
VEGETATION WHEN FULL; 28
(V) IS PREDOMINANTLY OR P ARTIALLY SHADED BY W OODY 29
VEGETATION; 30
HOUSE BILL 701 7
(VI) IS LESS THAN 5 ACRES IN SIZE; AND 1
(VII) MAY HAVE INTERMITTENT , TEMPORARY CONNECTIONS TO 2
OTHER BODIES OF WATER. 3
(B) THE DEPARTMENT SHALL: 4
(1) IN COORDINATION WITH THE DEPARTMENT OF THE 5
ENVIRONMENT, CREATE AND MAINTAIN A LIST OF VERNAL POOLS IN THE STATE; 6
(2) ESTABLISH CRITERIA AN D PROCEDURES FOR IDE NTIFYING AND 7
INCLUDING VERNAL POOLS ON THE LIST, INCLUDING: 8
(I) VERNAL POOLS IDENTIFI ED BY THE DEPARTMENT IN 9
CARRYING OUT ITS DUTIES SET FORTH IN THIS ARTICLE; 10
(II) LOCATIONS THE DEPARTMENT DETERMINES MEET THE 11
DEFINITION OF A VERNAL POOL UNDER SUBSECTION (A) OF THIS SECTION; AND 12
(III) VERNAL POOLS IDENTIFIED BY THE DEPARTMENT OF THE 13
ENVIRONMENT IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION; 14
(3) AUTHORIZE: 15
(I) USING MAPPING OR OTHE R SCIENTIFIC INFORMA TION TO 16
IDENTIFY ADDITIONAL VERNAL POOLS FOR INCLUSION ON THE LIST; AND 17
(II) CONSULTING WITH ANY STAKEHOLDER GROUP AS 18
APPROPRIATE, INCLUDING THE DEPARTMENT OF THE ENVIRONMENT AND THE 19
UNIVERSITY OF MARYLAND, TO IDENTIFY VERNAL P OOLS FOR INCLUSION O N THE 20
LIST; AND 21
(4) PROVIDE FOR PUBLICATI ON OF THE LIST OF VE RNAL POOLS ON 22
THE DEPARTMENT’S WEBSITE. 23
(C) (1) THE DEPARTMENT OF THE ENVIRONMENT SHALL DES IGNATE 24
STAFF TO RECEIVE TRAINING IN VERNAL POOL IDENTIFICATION. 25
(2) THE DEPARTMENT SHALL PROV IDE VERNAL POOL 26
IDENTIFICATION TRAINING TO THE STAFF DESIGNATED UNDER PARAGRAPH (1) OF 27
THIS SUBSECTION. 28
(3) IF, IN CARRYING OUT RESP ONSIBILITIES UNDER TITLE 5, 29
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE, STAFF TRAINED UNDER THIS 30
8 HOUSE BILL 701
SUBSECTION IDENTIFY A LOCATION THAT MAY QUALIFY AS A VERNAL POOL, THE 1
DEPARTMENT OF THE ENVIRONMENT SHALL NOT IFY THE DEPARTMENT OF THE 2
LOCATION FOR POSSIBLE INCLUSION ON THE LIS T ESTABLISHED UNDER 3
SUBSECTION (B) OF THIS SECTION. 4
(4) NOTHING IN THIS SECTI ON SHALL BE CONSTRUED TO LIMIT THE 5
AUTHORITY OF THE DEPARTMENT OF THE ENVIRONMENT TO REGULA TE VERNAL 6
POOLS THAT MEET THE DEFINITION OF N ONTIDAL WETLANDS UND ER TITLE 5, 7
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE. 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.