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*hb1071*
HOUSE BILL 1071
M3, M4 6lr2807
CF SB 861
By: Delegates Foley, Fraser –Hidalgo, Kaiser, Mireku –North, Qi, and Queen
Queen, Boyce, and Ziegler
Introduced and read first time: February 10, 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
Environment – Stormwater Management – Agricultural Land for Agritourism 2
FOR the purpose of requiring the Department of the Environment to adopt regulations that 3
establish provisions and a model ordinance that require local stormwater 4
management programs to enforce stormwater management regulations on 5
agricultural land in a certain manner; requiring the Department, in a certain 6
stormwater design manual, to specify certain definitions and provisions related to 7
the enforcement of certain stormwater management regulations on agricultural land 8
consider certain best management practices for stormwater management for 9
agritourism; requiring Montgomery County and the Montgomery Soil Conservation 10
District, in consultation with the Department, to review certain processes for 11
reviewing and approving certain stormwater management plans ; and generally 12
relating to stormwater management and agricultural land agritourism. 13
BY repealing and reenacting, without amendments, 14
Article – Environment 15
Section 4–203(b)(1) and 4–204(c) 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 4–203(b)(2)(v) 4–203(b)(2)(ix) and (x) 21
Annotated Code of Maryland 22
2 HOUSE BILL 1071
(2013 Replacement Volume and 2025 Supplement) 1
BY adding to 2
Article – Environment 3
Section 4–203(b)(5) 4–203(b)(2)(xi) 4
Annotated Code of Maryland 5
(2013 Replacement Volume and 2025 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Environment 9
4–203. 10
(b) (1) The Department shall adopt rules and regulations which establish 11
criteria and procedures for stormwater management in Maryland. 12
(2) The rules and regulations shall: 13
(v) 1. Specify the minimum content of the local ordinances or the 14
rules and regulations of the affected county governing body to be adopted which may be 15
done by inclusion of a model ordinance or model rules and regulations; [and] 16
2. Establish regulations and a model ordinance that require: 17
A. The implementation of environmental site design to the 18
maximum extent practicable; 19
B. The review and modification, if necessary, of planning and 20
zoning or public works ordinances to remove impediments to environmental site design 21
implementation; and 22
C. A developer to demonstrate that environmental site 23
design has been implemented to the maximum extent practicable and standard best 24
management practices have been used only where absolutely necessary; AND 25
3. ESTABLISH PROVISIONS AND A MODEL ORDINANC E 26
THAT REQUIRE LOCAL S TORMWATER MANAGEMENT PROGRAMS TO ENFORCE 27
STORMWATER MANAGEMEN T REGULATIONS ON AGR ICULTURAL LAND WITH THE 28
ADVICE AND CONSENT OF THE LOCAL SOIL CONSERVATION DISTRICT; 29
(5) IN THE MARYLAND STORMWATER DESIGN MANUAL, 30
INCORPORATED BY REFERENCE IN COMAR 26.17.02, THE DEPARTMENT SHALL: 31
HOUSE BILL 1071 3
(I) DEFINE AGRICULTURE AN D ACCESSORY USES ON 1
AGRICULTURAL LAND, INCLUDING ON–FARM PROCESSING AND OFFICE SPACE, AS 2
DISTINCT FROM COMMERCIAL DEVELOPMENT; AND 3
(II) ALLOW FOR FLEXIBILITY IN ENFORCEMENT OF TH E 4
STORMWATER MANAGEMENT REGULATIONS ON AGRICULTURAL LAND. 5
(ix) 1. Establish a comprehensive process for approving grading 6
and sediment control plans and stormwater management plans; and 7
2. Specify that the comprehensive process established under 8
item (i) of this item takes into account the cumulative impacts of both plans; [and] 9
(x) Incorporate the most recent precipitation data available; AND 10
(XI) 1. IN CONSULTATION WITH THE DEPARTMENT OF 11
AGRICULTURE, DEFINE “AGRITOURISM”; AND 12
2. CONSIDER BEST MANAGEM ENT PRACTICES FOR 13
STORMWATER MANAGEMENT FOR AGRITOURISM, INCLUDING: 14
A. THE CREATION OF A STA NDARD PLAN FOR 15
TEMPORARY PARKING AREAS; AND 16
B. THE USE OF PASTURE , MEADOWS, AND CROPLAND 17
FOR THE TREATMENT OF STORMWATER RUNOFF. 18
4–204. 19
(c) Each county or municipality may provide by ordinance for the review and 20
approval of stormwater management plans by the local soil conservation district. 21
SECTION 2. AND BE IT FURTHER ENACTED, That Montgomery County and the 22
Montgomery Soil Conservation District jointly shall: 23
(1) in consultation with the Department of the Environment, review the 24
county’s current process for reviewing and approving stormw ater management plans for 25
agritourism; 26
(2) as part of the review required under item (1) of this section: 27
(i) examine how other counties in the State review and approve 28
stormwater management plans for agritourism; 29
4 HOUSE BILL 1071
(ii) identify challenges and ap proaches to improve the agritourism 1
stormwater management plan review and coordination between the county and the soil 2
conservation district; and 3
(iii) recommend changes to the review and approval process for 4
stormwater management plans for agritourism in the county; and 5
(3) on or before December 31, 2026, report the findings under this section 6
to the Governor and, in accordance with § 2 –1257 of the State Government Article, the 7
General Assembly. 8
SECTION 2. 3. 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.