Environment - Flood Risk Review Process - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0687*

SENATE BILL 687
M3 6lr3367

By: Senator M. Washington
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Environment – Flood Risk Review Process – Establishment 2

FOR the purpose of requiring the Department of the Environment to establish and 3
implement a flood risk review process for certain areas identified as being at risk of 4
tidal or nontidal flooding; applying the flood risk review process to the Department’s 5
review of certain pl ans and permits; requiring the Department to consult with 6
certain local jurisdictions, State agencies, and watershed advisory groups before 7
making a certain final determination under this Act; requiring a certain final 8
determination to be incorporated into a local stormwater management approval 9
process and making the determination binding on the local approving authority; and 10
generally relating to flood risks. 11

BY repealing and reenacting, without amendments, 12
Article – Environment 13
Section 4–201.1, 4–203, and 5–802 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2025 Supplement) 16

BY repealing and reenacting, with amendments, 17
Article – Environment 18
Section 5–101 and 5–701 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2025 Supplement) 21

BY adding to 22
Article – Environment 23
Section 5–803.1 24
Annotated Code of Maryland 25
(2013 Replacement Volume and 2025 Supplement) 26

2 SENATE BILL 687

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Environment 3

4–201.1. 4

(a) In this subtitle the following words have the meanings indicated. 5

(b) “Environmental site design” means using small –scale stormwater 6
management practices, nonstructural techniques, and better site planning to mimic 7
natural hydrologic runoff characteristics and minimize the impact of land development on 8
water resources. 9

(c) “Environmental site design” includes: 10

(1) Optimizing conservation of natural features, such as drainage patterns, 11
soils, and vegetation; 12

(2) Minimizing use of impervious surfaces; 13

(3) Slowing down runoff to maintain discharge timing and to increase 14
infiltration and evapotranspiration; and 15

(4) Using other nonstructural practices or innovative stormwater 16
management technologies approved by the Department. 17

(d) (1) “Impervious surface” means a surface that does not allow stormwater 18
to infiltrate into the ground. 19

(2) “Impervious surface” includes rooftops, driveways, sidewalks, or 20
pavement. 21

(e) “Precipitation data” means historical data that describes the relationship 22
between precipitation intensity, duration, and return period. 23

4–203. 24

(a) The Department of the Environment shall implement the provisions of this 25
subtitle and shall consult the Department of Natural Resources from time to time, 26
including during the adoption of regulations, concerning the impact of stormwater on 27
waters of the State. 28

(b) (1) The Department shall adopt rules and regulations which establish 29
criteria and procedures for stormwater management in Maryland. 30

(2) The rules and regulations shall: 31
SENATE BILL 687 3

(i) Indicate that the primary goal of the State and local programs 1
will be to maintain after development, as nearly as possible, the predevelopment runoff 2
characteristics; 3

(ii) Make allowance for the difference in hydrologic characteristics 4
and stormwater management needs of different parts of the State; 5

(iii) Specify that watershed –wide analyses may be necessary to 6
prevent undesirable downstream effects of increased stormwater runoff; 7

(iv) Specify the exemptions a county or municipality may grant from 8
the requirements of submitting a stormwater management plan; 9

(v) 1. Specify the minimum content of the local ordinances or the 10
rules and regulations of the affected county governing body to be adopted which may be 11
done by inclusion of a model ordinance or model rules and regulations; and 12

2. Establish regulations and a model ordinance that require: 13

A. The implementation of environmental site design to the 14
maximum extent practicable; 15

B. The review and modification, if necessary, of planning and 16
zoning or public works ordinances to remove impediments to environmental site design 17
implementation; and 18

C. A developer to demonstrate that environmental site 19
design has been implemented to the m aximum extent practicable and standard best 20
management practices have been used only where absolutely necessary; 21

(vi) Indicate that water quality practices may be required for any 22
redevelopment, even when predevelopment runoff characteristics are maintained; 23

(vii) Specify the minimum requirements for inspection and 24
maintenance of stormwater practices; 25

(viii) Specify that all stormwater management plans shall be designed 26
to: 27

1. Prevent soil erosion from any development project; 28

2. Prevent, to the maximum extent practicable, an increase 29
in nonpoint pollution; 30

3. Maintain the integrity of stream channels for their 31
biological function, as well as for drainage; 32
4 SENATE BILL 687

4. Minimize pollutants in stormwater runoff from new 1
development and redevelopment in order to: 2

A. Restore, enhance, and maintain the chemical, physical, 3
and biological integrity of the waters of the State; 4

B. Protect public health; 5

C. Safeguard fish and aquatic life and scenic and ecological 6
values; and 7

D. Enhance the domestic, municipal, recreational, industrial, 8
and other uses of water as specified by the Department; 9

5. Protect public safety through the proper design and 10
operation of stormwater management facilities; 11

6. Maintain 100% of averag e annual predevelopment 12
groundwater recharge volume for the site; 13

7. Capture and treat stormwater runoff to remove pollutants 14
and enhance water quality; 15

8. Implement a channel protection strategy to reduce 16
downstream erosion in receiving streams; and 17

9. Implement quantity control strategies to prevent 18
increases in the frequency and magnitude of out–of–bank flooding from large, less frequent 19
storm events; 20

(ix) 1. Establish a comprehensive process for approving grading 21
and sediment control plans and stormwater management plans; and 22

2. Specify that the comprehensive process established under 23
item (i) of this item takes into account the cumulative impacts of both plans; and 24

(x) Incorporate the most recent precipitation data available. 25

(3) (i) The Department shall review and update the regulations 26
adopted under this section at least once every 5 years. 27

(ii) In reviewing and updating the regulations adopted under this 28
section, the Department shall: 29

1. At a minimum, revise water quality and water quantity 30
control standards using the most recent precipitation data available; and 31
SENATE BILL 687 5

2. As necessary, update and revise the regulations to meet 1
the requirements of this subtitle. 2

(4) (i) On or before November 1, 2021, the Depa rtment shall report to 3
the General Assembly, in accordance with § 2–1257 of the State Government Article, on: 4

1. The most recent precipitation data available; 5

2. The Department’s plans for immediately updating water 6
quantity control standards for watersheds where flooding events occurred on or after 7
January 1, 2000; and 8

3. The Department’s plans for updating all other regulations 9
adopted under this section. 10

(ii) After November 1, 2021, the Department shall report to the 11
General Assembly, in accordance with § 2 –1257 of the State Government Article, on any 12
revisions the Department intends to make to the regulations adopted under this section 13
before publishing the regulations. 14

(c) (1) At least 6 months before the proposal of regulations under this section, 15
the Department shall: 16

(i) Post the regulatory process that the Department follows on the 17
Department’s website; and 18

(ii) Consult with the following groups and stakeholders on the 19
impact of the proposed regulations: 20

1. The Commi ssion on Environmental Justice and 21
Sustainable Communities; and 22

2. Stakeholders with expertise on stormwater design 23
standards and climate science, including stakeholders from: 24

A. An academic institution; 25

B. The Chesapeake Bay Program; 26

C. The Chesapeake Bay Commission; 27

D. The Maryland Emergency Management Agency; 28

E. The Maryland Association of Soil Conservation Districts; 29

F. Local government; 30
6 SENATE BILL 687

G. A private sector entity with design and construction 1
experience; and 2

H. An association that has expertise in stormwater 3
restoration projects. 4

(2) Before any regulations required under this section are adopted, the 5
Department shall hold at least one public hearing in the affected immediate geographic 6
areas of the State and shall consult with the affected counties and municipalities. 7

(d) The Department may not delay the implementation of any new requirements 8
or standards established under regulations adopted under this section. 9

(e) The Department shall provide technica l assistance, training, research, and 10
coordination in stormwater management technology to the local governments consistent 11
with the purposes of this subtitle. 12

5–101. 13

(a) In this title the following words have the meanings indicated. 14

(b) “Administration” means the Water and Science Administration. 15

(c) “Appropriate county governing body” means the county commissioners of any 16
nonchartered county or the county council of any chartered county in which a portion of the 17
watershed is located. 18

(d) “County” includes Baltimore City unless otherwise indicated. 19

(e) “Department” means the Department of the Environment. 20

(f) “Director” means the Director of the Water and Science Administration. 21

(g) “FLOOD RISK ” MEANS THE POTENTIAL FOR IMPACTS TO LIFE , 22
PROPERTY, INFRASTRUCTURE, OR NATURAL RESOURCES RESULTING FROM TIDAL 23
FLOODING, NONTIDAL FLOODING, OR STORMWATER RUNOFF. 24

(H) “Person” includes the federal government, the State, any county, municipal 25
corporation, or other political subdivision of the State, or any of their units, or an individual, 26
receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any 27
kind, or any partnership, firm, association, public or private corporation, or any other 28
entity. 29

[(h)] (I) (1) “Pollution” means every contamination or other alteration of the 30
physical, chemical, or biological properties of any waters of the State. 31

SENATE BILL 687 7

(2) “Pollution” includes change in temperature, taste, color, turbidity, or 1
odor of the waters of the State or the discharge or depo sit of any organic matter, harmful 2
organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the 3
State as will render the waters of the State harmful, detrimental, or injurious to public 4
health, safety, or welfare, domestic, c ommercial, industrial, agricultural, recreational, 5
other legitimate beneficial uses, or livestock, wild animals, birds or fish or other aquatic 6
life. 7

[(i)] (J) “Public water system” has the meaning stated in § 9–401 of this article. 8

[(j)] (K) “Secretary” means the Secretary of the Environment. 9

[(k)] (L) “Water management strategy area” means an area designated by the 10
Department in which a specific water resource problem has been identified and for which 11
the Department has adopted specific water use restrictions or criteria for permit approval 12
in order to protect the water resource or existing water users. 13

[(l)] (M) “Waters of the State” includes: 14

(1) Both surface and underground waters within the boundaries of the 15
State subject to its jurisdiction; 16

(2) That portion of the Atlantic Ocean within the boundaries of the State; 17

(3) The Chesapeake Bay and its tributaries; 18

(4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public 19
drainage systems within the State, other than those designed and used to collect, convey, 20
or dispose of sanitary sewage; and 21

(5) The floodplain of free–flowing waters determined by the Department on 22
the basis of the 100–year flood frequency. 23

5–701. 24

(a) (1) The Department is responsible for devel oping and carrying out a long 25
range program for controlling flood waters in the State. 26

(2) In addition, the Department shall cooperate with the federal and local 27
governments to control State flood waters and serve in a liaison capacity to these 28
governments in any flood control matter. 29

(b) The Department shall [provide]: 30

8 SENATE BILL 687

(1) PROVIDE technical assistance to local governments and other State 1
units to interpret flood information and draft local land use and other regulations 2
pertaining to areas subject to flooding[. It shall review]; 3

(2) REVIEW plans for local public works and exercise regulatory control 4
over them in or on waters of the State as provided in Subtitle 5 of this title [. The 5
Department shall administer]; AND 6

(3) ADMINISTER financial assistance for flood control as funds for this 7
purpose are made available. 8

5–802. 9

(a) The General Assembly finds and declares that: 10

(1) Recurrent flooding of a portion of the State’s land resources causes loss 11
of life, damage to property, disruption of commerce and governmental services, and 12
unsanitary conditions, all of which are detrimental to the health, safety, welfare, and 13
property of the occupants of flood hazard areas of the State; 14

(2) Considerable public costs are incurred throug h the emergency 15
preparedness program and by replacing public utilities and other public capital 16
investments destroyed or damaged by floods; 17

(3) Flood waters disregard jurisdictional boundaries; and 18

(4) The public interest necessitates management of waters and flood 19
hazard areas for the objectives of preventing and alleviating flood threats to life and health, 20
reducing private and public economic losses, and to the extent possible, preserving the 21
biological values associated with these land and water resources. 22

(b) The policy and purposes of this subtitle are: 23

(1) To assist in the guidance of development to minimize the impacts of 24
flooding; 25

(2) To provide State guidelines and technical assistance to local 26
governments in management of flood hazard areas; 27

(3) To provide for comprehensive watershed management; 28

(4) To facilitate implementation of projects for flood control; 29

(5) To encourage and provide for local governmental units to manage 30
flood–prone lands in a comprehensive manner; 31

SENATE BILL 687 9

(6) To provide for the biological and environmental quality of the 1
watersheds of the State; and 2

(7) To establish a grant program to assist local jurisdictions with: 3

(i) Implementation of those capital projects included within the 4
comprehensive flood management plans which are adopted and approved in accordance 5
with this subtitle; and 6

(ii) Infrastructure repairs, watershed restoration, and emergency 7
protection work associated with a flood event. 8

5–803.1. 9

(A) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A FLOOD RISK 10
REVIEW PROCESS FOR AREAS IDENTIFIED BY THE DEPARTMENT OR THE 11
DEPARTMENT OF NATURAL RESOURCES IN STATUTE OR REGULATION AS BEING AT 12
RISK OF TIDAL OR NONTIDAL FLOODING. 13

(B) THE FLOOD RISK REVIEW PROCESS SHALL APPLY TO THE 14
DEPARTMENT’S REVIEW OF ANY PLAN OR PERMIT RELATED TO A PROPOSED 15
DEVELOPMENT WITHIN AN AREA DESCRIBED IN SUBSECTION (A) OF THIS SECTION. 16

(C) THE FLOOD RISK REVIEW PROCESS SHALL: 17

(1) INCLUDE AN EVALUATION OF THE PO TENTIAL IMPACTS OF T HE 18
PROPOSED DEVELOPMENT ON DOWNSTREAM FLOODING, INCLUDING: 19

(I) THE CUMULATIVE IMPACT S OF PAST , PRESENT, AND 20
REASONABLY FORESEEABLE DEVELOPMENT IN THE WATERSHED; AND 21

(II) THE EFFECTS ON STORMW ATER CONVEYANCE , STORAGE, 22
AND INFILTRATION CAPACITY; 23

(2) ENSURE CONSISTENCY WITH ANY WATERSHED S TUDY OR FLOOD 24
MANAGEMENT PLAN DEVELOPED UNDER § 5–803 OF THIS SUBTITLE AND UPDATED 25
THROUGH THE ADVANCING STORMWATER RESILIENCY IN MARYLAND INITIATIVE; 26

(3) INCORPORATE DATA REGARDING CURRENT AND PROJECTE D 27
PRECIPITATION INTENSITY, DURATION, AND FREQUENCY USING: 28

(I) THE MOST RECENT CLIMA TE–ADJUSTED PRECIPITATI ON 29
DATA AND MODELING REQUIRED UNDER § 4–203 OF THIS ARTICLE; AND 30

10 SENATE BILL 687

(II) LAND USE AND IMPERVIO US SURFACE CHANGE TR ENDS 1
IDENTIFIED BY THE DEPARTMENT OF PLANNING AND THE ADVANCING 2
STORMWATER RESILIENCY IN MARYLAND STUDIES; AND 3

(4) REQUIRE THE DEPARTMENT TO CONDITI ON, MODIFY, OR DENY 4
APPROVAL OF THE PLAN OR PERMIT IF THE DEPARTMENT DETERMINES THAT THE 5
PROPOSED DEVELOPMENT WOULD: 6

(I) INCREASE DOWNSTREAM FLOOD HAZARDS OR FLO OD 7
DAMAGE TO EXISTING COMMUNITIES; 8

(II) IMPAIR THE EFFECTIVEN ESS OF WATERSHED –SCALE 9
FLOOD MANAGEMENT STRATEGIES DEVELOPED UNDER § 5–803 OF THIS SUBTITLE; 10
OR 11

(III) CONFLICT WITH STORMWA TER QUANTITY STANDAR DS 12
ADOPTED UNDER THE ADVANCING STORMWATER RESILIENCY IN MARYLAND 13
INITIATIVE. 14

(D) BEFORE ISSUING A FINA L DETERMINATION ON A PLAN OR PERMIT 15
SUBJECT TO A FLOOD RISK REVIEW UNDER THIS SECTION, THE DEPARTMENT SHALL 16
CONSULT WITH: 17

(1) EACH AFFECTED LOCAL JURISDICTION; 18

(2) THE DEPARTMENT OF PLANNING; AND 19

(3) AS APPROPRIATE, THE DEPARTMENT OF NATURAL RESOURCES 20
OR A WATERSHED ADVIS ORY GROUP CONVENED U NDER THE ADVANCING 21
STORMWATER RESILIENCY IN MARYLAND INITIATIVE. 22

(E) A FINAL DETERMINATION ISSUED UNDER THIS SE CTION SHALL BE 23
INCORPORATED INTO THE LOCAL STORMWATER MANAGEMENT APPROVAL PROCESS 24
AND SHALL BE BINDING ON THE LOCAL APPROVING AUTHORITY. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27