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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0368*
SENATE BILL 368
M1, M3 6lr1568
CF 6lr1569
By: Senators Bailey and Harris
Introduced and read first time: January 27, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Calvert and St. Mary’s Counties – Living Shorelines and Nonstructural 2
Shoreline Stabilization Measures 3
FOR the purpose of establishing requirements for the use of living shorelines and 4
nonstructural stabilization measures in Calvert County and St. Mary’s County; 5
exempting property located in Calvert County and St. Mary’s County from certain 6
general requirements regarding the use of nonstructural shoreline stabilization 7
measures; and generally relating to shoreline erosion and stabilization. 8
BY repealing and reenacting, with amendments, 9
Article – Environment 10
Section 16–201 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2025 Supplement) 13
BY repealing 14
Article – Natural Resources 15
Section 8–1808.11 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2025 Supplement) 18
BY adding to 19
Article – Natural Resources 20
Section 8–1808.11 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2025 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Environment 26
2 SENATE BILL 368
16–201. 1
(a) (1) IN THIS SECTION, “NONSTRUCTURAL SHORELINE STABILIZATION 2
MEASURE” MEANS AN EROSION CONTROL MEASURE THAT IS: 3
(I) DOMINATED BY TIDAL WETLAND VEGETATION; AND 4
(II) DESIGNED TO PRESERVE THE NATURAL SHORELIN E, 5
MINIMIZE EROSION, AND ESTABLISH AQUATIC HABITAT. 6
(2) “NONSTRUCTURAL SHORELI NE STABILIZATION MEA SURE” 7
INCLUDES MARSH OR OTHER TIDAL WETLAND CONSTRUCTION. 8
(B) (1) A person who is the owner of land bounding on navigable water is 9
entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or 10
avulsion during the person’s ownership of the land to the extent of provable existing 11
boundaries. 12
(2) The person may make improvements into the water in front of the land 13
to preserve that person’s access to the navigable water or, subject to [subsection (c) ] 14
SUBSECTIONS (D) AND (E) OF THIS SECTION, protect the shore of that person against 15
erosion. 16
(3) After an improvement has been constructed, the improvement is the 17
property of the owner of the land to which the improvement is attached. 18
(4) A right covered in this subtitle does not preclude the owner from 19
developing any other use approved by the Board. 20
(5) The right to reclaim lost fast land relates only to fast land lost after 21
January 1, 1972, and the burden of proof that the loss occurred after this date is on the 22
owner of the land. 23
[(b)] (C) The rights of any person, as defined in this subtitle, which existed prior 24
to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be 25
in existence subsequent to July 1, 1973 to July 1, 1978. 26
[(c)] (D) (1) THIS SUBSECTION DOES NOT APPLY TO PROPERTY 27
LOCATED IN: 28
(I) CALVERT COUNTY; OR 29
(II) ST. MARY’S COUNTY. 30
SENATE BILL 368 3
[(1)] (2) Improvements to protect a person’s property against erosion 1
shall consist of nonstructural shoreline stabilization measures that preserve the natural 2
environment, such as marsh creation, except: 3
(i) In areas designated by Department mapping as appropriate for 4
structural shoreline stabilization measures; and 5
(ii) In areas where the person can demonstrate to the Department’s 6
satisfaction that such measures are not feasible, including areas of excessive erosion, areas 7
subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline 8
stabilization measures. 9
[(2)] (3) (i) Subject to subparagraph (ii) of this paragraph, in 10
consultation with the Department of Natural Resou rces, the Department shall adopt 11
regulations to implement the provisions of this subsection. 12
(ii) Regulations adopted by the Department under subparagraph (i) 13
of this paragraph shall include a waiver process that exempts a person from the 14
requirements of paragraph [(1)] (2) of this subsection on a demonstration to the 15
Department’s satisfaction that nonstructural shoreline stabilization measures are not 16
feasible for the person’s property. 17
(E) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 18
MEANINGS INDICATED. 19
(II) “HIGH–ENERGY ENVIRONMENT ” MEANS AN AREA 20
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA: 21
1. A FETCH OF GREATER THAN 2 MILES; 22
2. A STEEP NEARSHORE SLOPE EXCEEDING 5%, WHERE 23
WATER DEEPENS QUICKL Y ALLOWING LARGE WAVES TO REACH THE S HORELINE 24
WITHOUT MUCH DISSIPATION; AND 25
3. GREATER THAN 2 FEET OF EROSION PER YEAR. 26
(III) 1. “LIVING SHORELINE ” MEANS A PROJECT TO 27
MITIGATE THE EFFECTS OF EROSION CAUSED BY SHORELINE FLOODING O R 28
INUNDATION, CURRENTS, AND WAVE ENERGY THROUGH PROJECT DESIGN THAT: 29
A. STABILIZES A SHORELIN E BY USING NATURAL 30
MATERIALS TO CREATE BUFFERS TO ABSORB TH E IMPACT OF COASTAL STORMS, 31
FLOODING, AND WAVE ENERGY AND TO PREVENT OR MINIMI ZE SHORELINE 32
EROSION; 33
4 SENATE BILL 368
B. INCORPORATES AS MANY NATURAL ELEMENTS AS 1
POSSIBLE, SUCH AS NATIVE WETLA NDS, OYSTER REEFS , SUBMERGED AQUATIC 2
VEGETATION, NATIVE GRASSES, SHRUBS, OR TREES; 3
C. UTILIZES TECHNIQUES T HAT INCORPORATE 4
ECOLOGICAL AND COAST AL ENGINEERING PRINC IPLES IN SHORELINE 5
STABILIZATION; AND 6
D. TO THE EXTENT POSSIBLE, MAINTAINS OR RESTORES 7
EXISTING NATURAL SLOPES AND CONNECTIONS BETWEEN UPLANDS AND ADJACENT 8
WETLANDS OR SURFACE WATERS. 9
2. “LIVING SHORELINE” INCLUDES THE USE OF: 10
A. NATURAL ELEMENTS SUCH AS SAND , WETLAND 11
PLANTS, LOGS, OYSTERS OR OTHER SHE LLFISH, SUBMERGED AQUATIC 12
VEGETATION, NATIVE GRASSES, SHRUBS, TREES, OR COIR FIBER LOGS; AND 13
B. STRUCTURAL MATERIALS , SUCH AS STONE , 14
CONCRETE, OYSTER DOMES, OR OTHER APPROVED ENGINEERED STRUCTURES. 15
(IV) “MEDIUM–ENERGY ENVIRONMENT ” MEANS AN AREA 16
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA: 17
1. A FETCH OF 0.5 MILES TO 2 MILES; 18
2. A MODERATE NEARSHORE SLOPE OF 2% TO 5% WITH 19
ENOUGH DEPTH FOR SMALL TO MODERATE WAVES TO PERSIST; AND 20
3. FROM 0.5 FEET TO 2 FEET OF EROSION PER YEAR. 21
(2) THIS SUBSECTION APPLIES ONLY TO PROPERTY LOCATED IN: 22
(I) CALVERT COUNTY; OR 23
(II) ST. MARY’S COUNTY. 24
(3) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION , 25
IMPROVEMENTS TO PROTE CT A PERSON ’S PROPERTY AGAINST EROSION SHAL L 26
CONSIST OF A LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION 27
MEASURES, EXCEPT IN AREAS WHER E THE PERSON CAN DEM ONSTRATE TO THE 28
LOCAL SOIL CONSERVAT ION DISTRICT’S SATISFACTION THAT THE PROJECTS AND 29
MEASURES ARE NOT FEA SIBLE, INCLUDING AREAS OF EXCESSIVE E ROSION, AREAS 30
SENATE BILL 368 5
SUBJECT TO HEAVY TID ES, AND AREAS TOO NARROW FOR EFFECTIVE USE OF A 1
LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION MEASURES. 2
(4) A SOIL CONSERVATION DI STRICT MAY WAIVE OR REDUCE 3
MITIGATION REQUIREME NTS FOR LIVING SHORELINE S OR NONSTRUCTURAL 4
SHORELINE STABILIZAT ION MEASURE S IN MEDIUM – AND HIGH –ENERGY 5
ENVIRONMENTS IF, TO THE SOIL CONSERVA TION DISTRICT ’S SATISFACTION , THE 6
LAND–WATER INTERFACE IS MAINTAINED. 7
(5) ONLY A SOIL CONSERVATION DISTRIC T MAY IMPOSE 8
RESTRICTIONS ON THE TIME OF YEAR WHEN A LIVING SHOREL INE OR 9
NONSTRUCTURAL SHORELINE STABILIZATION MEASURE MAY BE C ONSTRUCTED IN 10
CALVERT COUNTY OR ST. MARY’S COUNTY. 11
(6) (I) THE CALVERT SOIL CONSERVATION DISTRICT AND THE ST. 12
MARY’S SOIL CONSERVATION DISTRICT SHALL ADOPT REGULATIONS TO 13
IMPLEMENT THE PROVISIONS OF THIS SUBSECTION. 14
(II) THE REGULATIONS SHALL: 15
1. INCLUDE A WAIVER PROC ESS THAT EXEMPTS A 16
PERSON FROM THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION ON A 17
DEMONSTRATION TO THE SOIL CONSERVATION DISTRICT’S SATISFACTION THAT THE 18
USE OF A LIVING SHORELINE O R NONSTRUCTURAL SHOR ELINE STABILIZATION 19
MEASURES IS NOT FEASIBLE FOR THE PERSON’S PROPERTY; AND 20
2. REQUIRE A LIVING SHORELINE OR NONSTRUCTURAL 21
SHORELINE STABILIZATION MEASURE TO BE DESIGNED TO WITHSTAND AT LEAST A 22
10–YEAR STORM EVENT. 23
(7) (I) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE 24
STABILIZATION PROJEC T FOR WHICH THE CALVERT SOIL CONSERVATION 25
DISTRICT HAS PROVIDED DESIGN SERVICES UNLESS THE ST. MARY’S SOIL 26
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERT IFIED THAT IT 27
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION. 28
(II) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE 29
STABILIZATION PROJEC T FOR WHICH THE ST. MARY’S SOIL CONSERVATION 30
DISTRICT HAS PROVIDED DESIGN SERVICES UN LESS THE CALVERT SOIL 31
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERT IFIED THAT IT 32
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION. 33
Article – Natural Resources 34
6 SENATE BILL 368
[8–1808.11. 1
(a) Other than in areas designated by the Department of the Environment 2
mapping as appropriate for structural shoreline stabilization measures, improvements to 3
protect a person’s property against erosion shall consist of nonstructural shoreline 4
stabilization m easures that preserve the natural environment, such as marsh creation, 5
except in areas where the person can demonstrate to the satisfaction of the Department of 6
the Environment that these measures are not feasible, including areas of excessive erosion, 7
areas subject to heavy tides, and areas too narrow for effective use of nonstructural 8
shoreline stabilization measures. 9
(b) (1) In consultation with the Department, the Department of the 10
Environment shall adopt regulations to implement the provisions of this subsection. 11
(2) The regulations shall include a waiver process that exempts a person 12
from the requirements of subsection (a) of this section on a demonstration to the satisfaction 13
of the Department of the Environment that nonstructural shoreline stabilization measures 14
are not feasible for the person’s property.] 15
8–1808.11. 16
IMPROVEMENTS TO PROTE CT A PERSON ’S PROPERTY AGAINST E ROSION 17
SHALL BE IN ACCORDANCE WITH T HE PROVISIONS OF § 16–201 OF THE 18
ENVIRONMENT ARTICLE. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21