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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0779*
HOUSE BILL 779
M1, M3, R1 6lr1049
CF 6lr1053
By: Delegates Lehman, Behler, Boyce, Foley, Healey, Moreno, Ross, Ruth, Stein,
Taveras, Terrasa, Wims, and Woods
Introduced and read first time: February 4, 2026
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Riverine Siting and Design Criteria – Requirements 2
FOR the purpose of requiring, beginning on certain dates, certain State and local projects 3
for which a certain percentage of project costs are funded with State funds to be in 4
compliance with certain riverine siting and design criteria; requiring, on or before 5
certain dates and in consultation w ith the Department of Natural Resources , the 6
Department of the Environment, and the Department of Transportation, the Coast 7
Smart Council to establish certain riverine siting and design criteria and, at a certain 8
frequency, to review and, under certain circumstances, update the riverine siting 9
and design criteria; and generally relating to riverine siting and design criteria. 10
BY repealing and reenacting, without amendments, 11
Article – Natural Resources 12
Section 3–1001(a), (c), (d), (f), (h), (k), (l), and (m), 3–1004, and 3–1005(a) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Natural Resources 17
Section 3 –1006 to be under the amended subti tle “Subtitle 10. Sea Level Rise 18
Inundation and Coastal, Nuisance, and Riverine Flooding” 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2025 Supplement) 21
BY adding to 22
Article – Natural Resources 23
Section 3 –1021 to be under the new part “Part V II. Riverine Siting and Design 24
Criteria” 25
Annotated Code of Maryland 26
(2023 Replacement Volume and 2025 Supplement) 27
2 HOUSE BILL 779
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
Subtitle 10. Sea Level Rise Inundation and Coastal, NUISANCE, AND RIVERINE 4
Flooding. 5
3–1001. 6
(a) In this subtitle the following words have the meanings indicated. 7
(c) “Council” means the Coast Smart Council. 8
(d) “Design criteria” means standard specifications related to the shape, size, or 9
form of a construction practice. 10
(f) “Highway facility” has the meaning stated in § 3–101(f) of the Transportation 11
Article. 12
(h) (1) “Replacement cost” means, at the time of reconstruction, the cost of 13
reconstructing a structure and its surrounding property to full use with materials of the 14
same kind and quality as the original materials. 15
(2) “Replacement cost” does not include: 16
(i) The value of the land on which a structure is located; or 17
(ii) For tax purposes, a deduction for depreciation. 18
(k) “Siting criteria” means specifications related to the location or use of a 19
structure or highway facility. 20
(l) “Structure” means: 21
(1) A walled or roofed building; 22
(2) A manufactured home; or 23
(3) A gas or liquid storage tank that is principally above ground. 24
(m) “Substantial damage” means damage caused by any source that is sustained 25
by a structure such that the cost of reconstruction to its before –damaged condition is at 26
least half of the structure’s replacement cost before the damage occurred. 27
3–1004. 28
HOUSE BILL 779 3
(a) There is a Coast Smart Council in the Department. 1
(b) The Department shall provide staff support for the Council. 2
3–1005. 3
(a) The Coast Smart Council shall include: 4
(1) The Secretary of Natural Resources, or the Secretary’s designee; 5
(2) The Secretary of Budget and Management, or the Secretary’s designee; 6
(3) The Secretary of the Environment, or the Secretary’s designee; 7
(4) The Secretary of General Services, or the Secretary’s designee; 8
(5) The Secretary of Planning, or the Secretary’s designee; 9
(6) The Secretary of Transportation, or the Secretary’s designee; 10
(7) The Secretary of Commerce, or the Secretary’s designee; 11
(8) The Chair of the Critical Area Comm ission for the Chesapeake and 12
Atlantic Coastal Bays, or the Chair’s designee; 13
(9) The Secretary of Emergency Management, or the Secretary’s designee; 14
(10) The Comptroller, or the Comptroller’s designee; 15
(11) The Chancellor of the University System of Maryland, or the 16
Chancellor’s designee; and 17
(12) Five members appointed by the Governor to represent local 18
government, environmental, and business interests. 19
3–1006. 20
(a) The Council shall: 21
(1) Study and provide analysis regarding standards and factors relevant to 22
the establishment of Coast Smart siting criteria and design criteria; 23
(2) Develop siting and design criteria to establish and implement Coast 24
Smart practices and requirements; 25
4 HOUSE BILL 779
(3) DEVELOP AND IMPLEMENT RIVERINE SITING AND DESIGN 1
CRITERIA IN ACCORDANCE WITH § 3–1021 OF THIS SUBTITLE; 2
(4) Develop eligibility criteria, standards, and procedures for applying for 3
and obtaining a waiver from compliance with the Coast Smart requirements; 4
[(4)] (5) Establish procedures for evaluati ng Coast Smart waiver 5
applications that include the consideration of proposed capital projects with regard to: 6
(i) The anticipated need to prepare for, respond to, and recover from 7
extreme weather events, sea level rise inundation, coastal flooding, st orm surges, and 8
shoreline erosion; and 9
(ii) The need to prevent danger to life and property and to avoid 10
environmental, socio–economic, and economic harm; and 11
[(5)] (6) Develop eligibility criteria, standards, and procedures for 12
categorical exemptions from the application of the Coast Smart requirements for proposed 13
capital projects that have been designed to include adaptation and resiliency features to 14
prevent or mitigate damage to the maximum extent practicable. 15
(b) The Council may recom mend regulations for adoption by the Secretary to 16
carry out the provisions of this subtitle. 17
(c) The chair of the Council may establish subcommittees consisting of members 18
of the Council, experts in fields related to climate change and sea level rise, and interested 19
parties to address or study specific issues. 20
3–1019. RESERVED. 21
3–1020. RESERVED. 22
PART VII. RIVERINE SITING AND DESIGN CRITERIA. 23
3–1021. 24
(A) (1) THIS SECTION APPLIES TO STATE AND LOCAL CAPITAL PROJECTS 25
FOR WHICH AT LEAST 50% OF THE PROJECT COSTS ARE FU NDED WITH STATE 26
FUNDS. 27
(2) THIS SECTION DOES NOT APPLY TO A CAPITAL P ROJECT THAT 28
COSTS LESS THAN $500,000. 29
(B) (1) BEGINNING JULY 1, 2028, IF A STATE OR LOCAL CAPITA L 30
PROJECT INCLUDES THE CONSTRUCTION OF A STRUCTURE OR HIGHWAY FACILITY, 31
HOUSE BILL 779 5
THE STRUCTURE OR HIGHWAY FACILITY SHALL BE CONSTRUCTED IN COMPLIANCE 1
WITH THE SITING AND DESIGN CRITERIA ESTABLISHED UNDER SUBSECTION (C) OF 2
THIS SECTION. 3
(2) BEGINNING JULY 1, 2028, IF A STATE OR LOCAL CAPITA L 4
PROJECT INCLUDES THE RECONSTRUCTION OF A STRUCTURE WITH SUBSTANTIAL 5
DAMAGE, THE STRUCTURE SHALL BE RECONSTRUCTED IN COMPLIANCE WITH THE 6
SITING AND DESIGN CR ITERIA ESTABLISHED U NDER SUBSECTION (C) OF THIS 7
SECTION. 8
(C) (1) ON OR BEFORE JULY 1, 2027, THE COUNCIL, IN CONSULTATION 9
WITH THE DEPARTMENT, THE DEPARTMENT OF THE ENVIRONMENT, AND THE 10
DEPARTMENT OF TRANSPORTATION, SHALL ESTABLISH RIVE RINE SITING AND 11
DESIGN CRITERIA TO A DDRESS THE 500–YEAR FLOOD IMPACTS O N STATE AND 12
LOCAL CAPITAL PROJECTS. 13
(2) THE CRITERIA ADOPTED UNDER THIS SUBSECTION SHALL 14
INCLUDE: 15
(I) A DESCRIPTION OF THE D ATA, MODELS, METHODS, AND 16
MAPS TO BE USED TO DEFINE THE 500–YEAR FLOOD EVENT FOR SITES IN RIVERINE 17
AREAS; 18
(II) GUIDELINES AND ANY OTHER DIRECTIVE APPL ICABLE TO 19
THE PRELIMINARY PLAN NING AND CONSTRUCTION OF A PR OPOSED CAPITAL 20
PROJECT; 21
(III) A REQUIREMENT THAT A S TRUCTURE BE DESIGNED AND 22
CONSTRUCTED OR RECON STRUCTED IN A MANNER TO WITHSTAND FLOODIN G 23
ASSOCIATED WITH A 500–YEAR FLOOD EVENT , INCLUDING A REQUIREM ENT FOR 24
STRUCTURES TO BE CON STRUCTED OR RECONSTRUCT ED IN A MANNER THAT 25
ENSURES THAT THE STR UCTURE WILL NOT BE I NUNDATED BY A 500–YEAR FLOOD 26
EVENT; AND 27
(IV) PROVISIONS ESTABLISHING A PROCESS TO ALLO W A UNIT 28
OF STATE OR LOCAL GOVERN MENT TO OBTAIN A WAI VER FROM COMPLYING W ITH 29
THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION. 30
(D) (1) ON OR BEFORE JULY 1, 2032, AND EVERY 5 YEARS THEREAFTER, 31
THE COUNCIL, IN CONSULTATION WITH THE DEPARTMENT, THE DEPARTMENT OF 32
THE ENVIRONMENT, AND THE DEPARTMENT OF TRANSPORTATION, SHALL REVIEW 33
AND, IF NECESSARY , UPDATE THE RIVERINE SITING AND DESIGN CR ITERIA 34
ESTABLISHED UNDER SUBSECTION (C) OF THIS SECTION. 35
6 HOUSE BILL 779
(2) ON OR BEFORE DECEMBER 1, 2032, AND EVERY 5 YEARS 1
THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE SENATE COMMITTEE ON 2
EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT 3
AND TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 4
GOVERNMENT ARTICLE, A SUMMARY OF THE RESULTS OF THE REVIEW CONDUCTED 5
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8