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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0178*
SENATE BILL 178
M1 6lr0179
(PRE–FILED) CF HB 258
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Critical Area Commission)
Requested: September 30, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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 revie ws, locational 6
standards for growth allocation , correcting mapping mistakes, and tree replanting; 7
and generally relating to standards and procedures under the Chesapeake and 8
Atlantic Coastal Bays Critical Area Protection Program. 9
BY repealing and reenacting, with amendments, 10
Article – Natural Resources 11
Section 8–1806(a) and (b)(1)(xiv)2., 8–1808.1(c)(2), 8–1809(j) and (r), and 8–1815.1(b) 12
and (e) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Natural Resources 18
8–1806. 19
(a) The Commission has all powers necessary for carrying out the purposes of this 20
subtitle, including the following: 21
(1) In accordance with Title 2, Subtitle 5 (Joint Committee on 22
Administrative, Executive and Legislative Review) and Title 10, Subtitle 1 (Administrative 23
2 SENATE BILL 178
Procedure Act) of the State Government Article, to adopt and amend regulations BY 1
AFFIRMATIVE VOTE OF THE COMMISSION AND as authorized under this subtitle for the 2
administration and enforcement of the State and local programs; 3
(2) To conduct hearings in connection with policies, proposed programs, 4
and proposed regulations or amendments to regulations; and 5
(3) To contract for consultant or other services. 6
(b) Regulations adopted or amended under subsection (a)(1) of this section shall: 7
(1) Establish comprehensive standards and procedures for: 8
(xiv) Directives for local program development a nd implementation, 9
with respect to: 10
2. The [6–year] 10–YEAR comprehensive review of a local 11
critical area program; 12
8–1808.1. 13
(c) (2) When locating new intensely developed or limited development areas, 14
local jurisdictions shall use the following standards: 15
(i) Locate a new intensely developed area in a limited development 16
area or [adjacent] CONTIGUOUS AND ADJOINING to an existing intensely developed area; 17
(ii) Locate a new limited development area [adjacent] CONTIGUOUS 18
AND ADJOINING to an existing limited development area or an intensely developed area; 19
(iii) Locate a new limited development area or an intensely developed 20
area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 21
27.01.09, and in an area and manner that optimizes benefits to water quality; 22
(iv) Locate a new intensely developed area or a limited development 23
area in a resource conservation area at least 300 feet beyond the landward edge of tidal 24
wetlands or tidal waters, unless the local j urisdiction proposes, and the Commission 25
approves, alternative measures for enhancement of water quality and habitat that provide 26
greater benefits to the resources; 27
(v) Locate new intensely developed areas and limited development 28
areas in a manner that minimizes their impacts to the defined land uses of the resource 29
conservation area; 30
SENATE BILL 178 3
(vi) Locate new intensely developed areas and limited development 1
areas outside of areas vulnerable to climate change unless the local jurisdiction proposes 2
and the Commission approves: 3
1. Areas identified by the local jurisdiction as vulnerable to 4
climate change as required under § 8–1808(c)(1)(iii)16 of this subtitle; and 5
2. Measures that: 6
A. Assess climate resiliency and vulnerability; and 7
B. Incorporate siting, design, construction, and other natural 8
features to significantly enhance climate resiliency and reduce vulnerability; 9
(vii) Except as provided in item (ix) of this paragraph, no more than 10
one–half of the expansion allocated in the criteria of the Commission may be located in 11
resource conservation areas; 12
(viii) New intensely developed or limited development areas involving 13
the use of growth allocation shall conform to all criteria of the Commission and shall be 14
designated on the comprehensive zoning map submitted by the local jurisdiction as part of 15
its application to the Commission for program approval or at a later date in compliance 16
with § 8–1809(g) of this subtitle; and 17
(ix) In Calvert, Caroline, Cecil, Charles, Dorchester , Kent, Queen 18
Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties, if the county is 19
unable to utilize a portion of the growth allocated to the county in items (i) and (ii) of this 20
paragraph within or [adjacent] CONTIGUOUS AND ADJOI NING to existing intensely 21
developed or limited development areas as demonstrated in the local plan approved by the 22
Commission, then that portion of the allocated expansion which cannot be so located may 23
be located in the resource conservation area in addition t o the expansion allocated in item 24
(vii) of this paragraph. A developer shall be required to cluster any development in an area 25
of expansion authorized under this paragraph. 26
8–1809. 27
(j) (1) As often as necessary but not more than 4 times per calendar year, each 28
local jurisdiction may propose program amendments and program refinements to its 29
adopted program. 30
(2) A change to a critical area designation may be granted by a local 31
approving authority on proof of mistake if the proposed critical area classification: 32
(i) Conforms to the State critical area mapping criteria; 33
(ii) 1. Is based on land uses or natural features in existence [as]: 34
4 SENATE BILL 178
A. AS of December 1, 1985 , FOR THE CHESAPEAKE BAY 1
CRITICAL AREA; or 2
B. AS OF JUNE 1, 2002, FOR THE ATLANTIC COASTAL 3
BAYS CRITICAL AREA; OR 4
2. For areas included in the critical area due to remapping, 5
is based on land uses or natural features in existence at the time of the remapping; 6
(iii) Follows the local jurisdiction’s documented ma pping 7
methodology for critical area classifications at the time of original program adoption; and 8
(iv) Is consistent with the purposes, policies, and goals of this subtitle 9
and all criteria of the Commission. 10
(r) (1) Proposed program refinements shall be determined as provided in this 11
subsection. 12
(2) (i) Within 30 days of the Commission’s acceptance of a proposal to 13
change an adopted program, the chair, on behalf of the Commission, may determine that 14
the proposed change is a program refinement. 15
(ii) The chair shall notify the Commission of that determination at 16
the next meeting or a subsequent meeting if the local jurisdiction requests, and the chair 17
approves, an extension. 18
(iii) If a proposed change that was specifically submitted as a 19
program refinement is not acted on by the chair within the 30 –day period UNDER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH OR APPROVED FOR AN EXTENSION UNDER 21
SUBPARAGRAPH (II) OF THIS PARAGRAPH, the Commission shall notify the appropriate 22
local jurisdiction that the proposed change has been deemed to be a program amendment. 23
(3) (i) The Commission may vote to override the chair’s determination 24
only at the first Commission meeting where a quorum is present following the chair’s 25
notification to the Commission. 26
(ii) If the chair’s determination is overridden, the proposed change 27
is deemed a program amendment, which shall be decided by the Commission in accordance 28
with the procedures for program amendments provided in this section, except that the 29
Commission shall act on the program amendment within [90] 130 days after a vote to 30
override the chair. 31
(iii) If the chair’s determination is not overridden, within 10 working 32
days after the opportunity to override the chair’s decision under subparagraph (i) of this 33
paragraph, the chair shall: 34
SENATE BILL 178 5
1. Determine if the program refinement is consistent with 1
the purposes, policies, goals, and provisions of this subtitle, and all criteria of the 2
Commission; and 3
2. A. Approve the proposed program refinement and 4
notify the local jurisdiction; 5
B. Deny the program refinement; 6
C. Approve the proposed program refinement subject to one 7
or more conditions; or 8
D. Return the proposed program refinement back to the local 9
jurisdiction with a list of the changes to be made. 10
(iv) If the chair approves a proposed program refinement subject to 11
one or more conditions under subparagraph (iii)2C of this paragraph, the local jurisdiction 12
shall notify the Commission within 60 days of its intent to adopt the conditions. 13
(4) A local jurisdiction shall incorporate an approved program refinement 14
and any required conditions into its adopted program within 120 days of receiving notice 15
from the chair that the program refinement has been approved. 16
8–1815.1. 17
(b) Subject to subsection (f) of this section, if a person cuts or clears or plans to 18
cut or clear trees within the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical 19
Area in violation of an approved local critical area program or of regulations adopted by the 20
Commission, the chair may bring an action, or the local jurisdiction may bring an action or 21
request that the chair of the Commission refer the matter to the Attorney General to bring 22
an action: 23
(1) To require the person to replant trees where the cutt ing or clearing 24
occurred in accordance with a plan prepared by the State Forester, a [registered 25
professional] LICENSED forester, [or] a [registered] LICENSED landscape architect, OR 26
ANY OTHER QUALIFIED PROFESSIONAL APPROVED BY THE DEPARTMENT; 27
(2) To restrain the planned violation; or 28
(3) For damages: 29
(i) To be assessed by a circuit court in an amount equal to the 30
estimated cost of replanting trees; and 31
(ii) To be paid to the [Department] LOCAL JURISDICTION by the 32
person found to have violated the provisions of this subsection. 33
6 SENATE BILL 178
(e) On the request of a local jurisdiction or the chair of the Commission, the State 1
Forester, a [registered professional ] LICENSED forester, [or] a [registered] LICENSED 2
landscape architect , OR ANY OTHER QUALIFIED PROFESSIONAL APPROVED BY THE 3
DEPARTMENT may prepare, oversee, and approve the final implementation of a plan to: 4
(1) Replant trees in any part of the Chesapeake Bay Critical Area where 5
trees in the Chesapeake Bay Critical Area are cut or cleared in viol ation of subsection (b) 6
of this section; and 7
(2) Replant trees in any part of the Atlantic Coastal Bays Critical Area 8
where trees in the Atlantic Coastal Bays Critical Area are cut or cleared in violation of 9
subsection (b) of this section. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2026. 12