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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*sb0523*
SENATE BILL 523
M3 (6lr2675)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senator M. Washington
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of ________ _______ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Department of the Environment Natural Resources – Water Resources – 2
Protection Identification of Vernal Pools 3
(Jack Cover Vernal Pools Act of 2026) 4
(Vernal Pool Wetlands Protection Act of 2026) 5
FOR the purpose of requiring the Department of the Environment to adopt regulations in 6
a certain manner Natural Resources in coordination with the Department of the 7
Environment to identify and protect certain vernal pools in the State in a certain 8
manner; requiring the Department, when issuing a certain permit, to protect certain 9
vernal pools that are located within the geographic area covered by the permit of 10
Natural Resources to create and maintain a certain list of vernal pools in the State 11
in a certain manner; requiring the Department of the Environment to designate staff 12
to receive training in vernal pool identification and to notify the Departme nt of 13
Natural Resources under certain circumstances ; and generally relating to the 14
2 SENATE BILL 523
regulatory protection of water resources and identification of vernal pools in the 1
State. 2
BY adding to 3
Article – Environment Natural Resources 4
Section 5–205 1–1002 5
Annotated Code of Maryland 6
(2013 2023 Replacement Volume and 2025 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Environment 9
Section 5–901(a), (b), (f), and (m) 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2025 Supplement) 12
Preamble 13
WHEREAS, Vernal pools are unique, small –scale ecosystems that contribute 14
significantly to the biodiversity of Maryland by providing habitat for species that cannot 15
reproduce in alternative habitats, including the wood frog, mole sal amanders, and fairy 16
shrimp; and 17
WHEREAS, Vernal pools provide a significant amount of ecosystem services as they 18
occur frequently throughout Maryland and have the capacity to replenish groundwater and 19
filter stormwater flows; and 20
WHEREAS, Nontidal wetl ands that meet the three federal wetland delineation 21
criteria of hydrology, hydric soils, and hydrophytic vegetation, including vernal pools that 22
satisfy those criteria, are regulated and protected by the State; and 23
WHEREAS, Vernal pools that do not meet all three federal wetland delineation 24
criteria are not afforded the regulatory protections applicable to nontidal wetlands in the 25
State and may suffer impairments or losses without regulatory review or approval; now, 26
therefore, 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Environment 30
5–205. 31
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 32
INDICATED. 33
SENATE BILL 523 3
(2) “AGRICULTURAL ACTIVITY ” HAS THE MEANING STAT ED IN § 1
5–901 OF THIS TITLE. 2
(3) “FORESTRY ACTIVITY” HAS THE MEANING STATED IN § 5–901 OF 3
THIS TITLE. 4
(4) “NONTIDAL WETLAND” HAS THE MEANING STATED IN § 5–901 OF 5
THIS TITLE. 6
(5) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS 7
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE. 8
(6) “QUALIFIED VERNAL POOL ” MEANS A CONFINED DEP RESSION 9
THAT: 10
(I) HAS SURFACE WATER FOR PART OF THE YEAR; 11
(II) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR 12
OBLIGATE SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES; AND 13
(III) DOES NOT MEET THE CRI TERIA FOR PROTECTION AS A 14
NONTIDAL WETLAND UND ER FEDERAL OR STATE LAW, INCLUDING THE FEDERA L 15
WETLAND DELINEATION CRITERIA OF HYDROLOG Y, HYDRIC SOILS , AND 16
HYDROPHYTIC VEGETATION. 17
(7) (I) “REGULATED ACTIVITY ” MEANS ANY OF THE FOLLOWING 18
ACTIVITIES IN A QUAL IFIED VERNAL POOL OR WITHIN A BUFFER AROU ND A 19
QUALIFIED VERNAL POOL: 20
1. THE REMOVAL, EXCAVATION, OR DREDGING OF SOIL, 21
SAND, GRAVEL, MINERALS, ORGANIC MATTER, OR MATERIALS OF ANY KIND; 22
2. THE CHANGING OF EXIST ING DRAINAGE 23
CHARACTERISTICS, SEDIMENTATION PATTER NS, FLOW PATTERNS , OR FLOOD 24
RETENTION CHARACTERISTICS; 25
3. THE DISTURBANCE OF THE WATER LEVEL OR WAT ER 26
TABLE BY DRAINAGE, IMPOUNDMENT, OR OTHER MEANS; 27
4. THE DUMPING , DISCHARGING OF MATER IAL, OR 28
FILLING WITH MATERIAL , INCLUDING THE DRIVIN G OF PILES AND PLACI NG OF 29
OBSTRUCTIONS; 30
4 SENATE BILL 523
5. THE GRADING OR REMOVA L OF MATERIAL THAT 1
WOULD ALTER EXISTING TOPOGRAPHY; AND 2
6. THE DESTRUCTION OR RE MOVAL OF PLANT LIFE 3
THAT WOULD ALTER THE CHARACTER OF A QUALIFIED VERNAL POOL. 4
(II) “REGULATED ACTIVITY ” DOES NOT INCLUDE AN 5
AGRICULTURAL ACTIVITY OR FORESTRY ACTIVITY AS DEFINED IN THIS SECTION. 6
(B) THE DEPARTMENT SHALL ADOPT REGULATIONS TO: 7
(1) ESTABLISH AND MAINTAIN A LIST OF QUALIFIE D VERNAL POOLS 8
IN THE STATE; 9
(2) ESTABLISH PROTECTIONS RELATED TO THE PRESE RVATION OF 10
QUALIFIED VERNAL POOLS IN THE STATE; 11
(3) ESTABLISH PROTECTIONS FOR BUFFERS AROUND Q UALIFIED 12
VERNAL POOLS IN THE STATE; AND 13
(4) REQUIRE THAT A PERSON CONDUCTING A REGULATED ACTIVITY 14
RESULTING IN IMPAIRM ENTS OR LOSSES TO A QUALIFIED VERNAL POO L OR A 15
BUFFER AROUND A QUALIFIED VERNAL POOL: 16
(I) AVOID IMPAIRMENTS AND LOSSES TO THE MAXIMU M 17
EXTENT PRACTICABLE; 18
(II) MINIMIZE IMPAIRMENTS AND LOSSES TO THE MA XIMUM 19
EXTENT PRACTICABLE WHERE AVOIDANCE IS NOT POSSIBLE; AND 20
(III) PROVIDE COMPENSATION OR OTHER MITIGATION AS 21
DETERMINED BY THE DEPARTMENT FOR ANY RE MAINING UNAVOIDABLE 22
IMPAIRMENTS AND LOSSES. 23
(C) THE REGULATIONS ADOPTED UNDER SUBSECTION (B) OF THIS SECTION 24
SHALL APPLY ONLY TO QUALIFIED VERNAL POOLS THAT HAVE BEEN IDENTIFIED OR 25
DOCUMENTED BY: 26
(1) THE DEPARTMENT; 27
(2) A PERSON USING IDENTIF ICATION METHODS APPR OVED BY THE 28
DEPARTMENT, INCLUDING MAPPING OR OTHER SCIENTIFIC INFORMATION; OR 29
SENATE BILL 523 5
(3) A CERTIFIED WETLAND DELINEATOR DURING A SITE ASSESSMENT 1
CONDUCTED BEFORE THE ISSUANCE OF A PERMIT FOR A REGULATED ACTIVITY. 2
(D) (1) IN DEVELOPING THE REG ULATIONS UNDER SUBSE CTION (B) OF 3
THIS SECTION, THE DEPARTMENT SHALL, TO THE EXTENT PRACTICABLE: 4
(I) ENSURE THAT THE B UFFER SPECIFICATIONS FOR 5
QUALIFIED VERNAL POOLS BE CONSISTENT WITH THE BUFFER SPECIFICATIONS FOR 6
NONTIDAL WETLANDS UNDER § 5–906 OF THIS TITLE; AND 7
(II) ENSURE THAT THE COMPE NSATION AND MITIGATI ON 8
REQUIREMENTS FOR IMPAIRMENTS AND LOSSES WITHIN QUALIFIED VERNAL POOLS 9
BE CONSISTENT WITH T HE COMPENSATION AND MITIGATION REQUIREMENTS FOR 10
IMPAIRMENTS AND LOSS ES WITHIN NONTIDAL W ETLANDS UNDER §§ 5–909 AND 11
5–910 OF THIS TITLE. 12
(2) IN ADDITION TO THE RE QUIREMENTS UNDER PARAGRAPH (1) OF 13
THIS SUBSECTION, THE DEPARTMENT MAY: 14
(I) USE MAPPING OR OTHER SCIENTIFIC INFORMATI ON TO 15
IDENTIFY ADDITIONAL QUALIFIED VERNAL POO LS FOR INCLUSION ON THE 16
DEPARTMENT’S LIST OF QUALIFIED VERNAL POOLS; AND 17
(II) CONSULT WITH ANY STAK EHOLDER GROUP AS 18
APPROPRIATE, INCLUDING THE DEPARTMENT OF NATURAL RESOURCES AND THE 19
UNIVERSITY OF MARYLAND. 20
(E) IN ISSUING A PERMIT F OR A REGULATED ACTIVITY, THE DEPARTMENT 21
SHALL PROVIDE PROTECTIONS FOR ANY QUALIFIED VERNAL POOLS THAT ARE: 22
(1) LISTED BY THE DEPARTMENT IN ACCORDA NCE WITH 23
SUBSECTIONS (B) AND (C) OF THIS SECTION; AND 24
(2) LOCATED WITHIN THE GE OGRAPHIC AREA COVERE D BY THE 25
PERMIT. 26
5–901. 27
(a) In this subtitle the following words have the meanings indicated. 28
(b) (1) “Agricultural activity” means aquaculture and farming activities. 29
(2) “Agricultural activity” includes: 30
6 SENATE BILL 523
(i) Plowing, tillage, cropping, seeding, cultivating, and harvesting 1
for the production of food and fiber products; and 2
(ii) The grazing of livestock. 3
(f) “Forestry activity” means planting, cultivating, thinning, harvesting, or any 4
other activity undertaken to use forest resources or to improve their quality or productivity. 5
(m) (1) “Nontidal wetland” means an area that is inundated or saturated by 6
surface water or groundwater at a frequency and duration sufficient to support, and that 7
under normal circumstances does support, a prevalence of vegetation typically adapted for 8
life in saturated soil conditions, commonly known as hydrophytic vegetation. 9
(2) The determination of whether an area is a nontidal wetland shall be 10
made in accordance with the publication known as the “Federal Manual for Identifying and 11
Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended. 12
(3) “Nontidal wetlands” do not include tidal wetlands regulated under Title 13
16 of this article. 14
Article – Natural Resources 15
1–1002. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “FACULTATIVE SPECIES” MEANS AN ANIMAL SPECIES THAT USES 19
VERNAL POOLS IRREGULARLY. 20
(3) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS 21
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE. 22
(4) “TYPICAL YEAR ” MEANS A YEAR IN WHICH RAINFALL TOTAL S 23
MEET OR EXCEED THE AVERAGE YEARLY RAINFALL FROM THE PREVIOUS 30 YEARS 24
FOR THE LOCATION WITHIN WHICH THE VERNAL POOL IS LOCATED. 25
(5) “VERNAL POOL” MEANS A CONFINED DEPRESSION THAT: 26
(I) HAS SURFACE WATER FOR AT LEAST 2 CONSECUTIVE 27
MONTHS BETWEEN NOVEMBER AND MAY IN A TYPICAL YEAR; 28
(II) EXPERIENCES A DECREAS E IN WATER LEVEL TO 6 INCHES 29
OR LESS BETWEEN JUNE AND SEPTEMBER IN A TYPICAL YEAR; 30
SENATE BILL 523 7
(III) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR 1
VARIOUS ANIMAL SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES 2
THAT ARE FACULTATIVE SPECIES OR OBLIGATE SPECIES; 3
(IV) CONTAINS LESS THAN 30% AERIAL COVER OF EMER GENT 4
VEGETATION WHEN FULL; 5
(V) IS PREDOMINANTLY OR P ARTIALLY SHADED BY W OODY 6
VEGETATION; 7
(VI) IS LESS THAN 5 ACRES IN SIZE; AND 8
(VII) MAY HAVE INTERMITTENT , TEMPORARY CONNECTIONS TO 9
OTHER BODIES OF WATER. 10
(B) THE DEPARTMENT SHALL: 11
(1) IN COORDINATION WITH THE DEPARTMENT OF THE 12
ENVIRONMENT, CREATE AND MAINTAIN A LIST OF VERNAL POOLS IN THE STATE; 13
(2) ESTABLISH CRITERIA AN D PROCEDURES FOR IDE NTIFYING AND 14
INCLUDING VERNAL POOLS ON THE LIST, INCLUDING: 15
(I) VERNAL POOLS IDENTIFI ED BY THE DEPARTMENT IN 16
CARRYING OUT ITS DUTIES SET FORTH IN THIS ARTICLE; 17
(II) LOCATIONS THE DEPARTMENT DETERMINES MEET TH E 18
DEFINITION OF A VERNAL POOL UNDER SUBSECTION (A) OF THIS SECTION; AND 19
(III) VERNAL POOLS IDENTIFIED BY THE DEPARTMENT OF THE 20
ENVIRONMENT IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION; 21
(3) AUTHORIZE: 22
(I) USING MAPPING OR OTHE R SCIENTIFIC INFORMATION TO 23
IDENTIFY ADDITIONAL VERNAL POOLS FOR INCLUSION ON THE LIST; AND 24
(II) CONSULTING WITH ANY S TAKEHOLDER GROUP AS 25
APPROPRIATE, INCLUDING THE DEPARTMENT OF THE ENVIRONMENT AND THE 26
UNIVERSITY OF MARYLAND, TO IDENTIFY VERNAL P OOLS FOR INCLUSION ON THE 27
LIST; AND 28
(4) PROVIDE FOR PUBLICATI ON OF THE LIST OF VE RNAL POOLS ON 29
THE DEPARTMENT’S WEBSITE. 30
8 SENATE BILL 523
(C) (1) THE DEPARTMENT OF THE ENVIRONMENT SHALL DES IGNATE 1
STAFF TO RECEIVE TRAINING IN VERNAL POOL IDENTIFICATION. 2
(2) THE DEPARTMENT SHALL PROV IDE VERNAL POOL 3
IDENTIFICATION TRAINING TO THE STAFF DESIGNATED UNDER PARAGRAPH (1) OF 4
THIS SUBSECTION. 5
(3) IF, IN CARRYING OUT RESP ONSIBILITIES UNDER TITLE 5, 6
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE, STAFF TRAINED UNDER THIS 7
SUBSECTION IDENTIFY A LOCATION THAT MAY QUALIFY AS A VERNAL POOL , THE 8
DEPARTMENT OF THE ENVIRONMENT SHALL NOT IFY THE DEPARTMENT OF THE 9
LOCATION FOR POSSIBL E INCLUSION ON THE L IST ESTABLISHED UNDE R 10
SUBSECTION (B) OF THIS SECTION. 11
(4) NOTHING IN THIS SECTI ON SHALL BE CONSTRUED TO LIMIT THE 12
AUTHORITY OF THE DEPARTMENT OF THE ENVIRONMENT TO REGULA TE VERNAL 13
POOLS THAT MEET THE DEFINITION OF NONTID AL WETLANDS UNDER TITLE 5, 14
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.