Environment - Stream and Floodplain Restoration Projects - Requirements and Limitations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0688*

SENATE BILL 688
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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 – Stream and Floodplain Restoration Projects – Requirements and 2
Limitations 3

FOR the purpose of requiring the Department of the Environment to prioritize certain 4
practices when carrying out certain duties related to stormwater management; 5
establishing certain restrictions on the use of a stream or floodplain restoration 6
project to satisfy certain com pensatory mitigation, permit, or total maximum daily 7
load requirements; establishing requirements for stormwater management plan s 8
that include certain stream–related projects; altering certain responsibilities of the 9
Department related to the review and as sessment of stream and floodplain 10
restoration projects; and generally relating to stream and floodplain restoration 11
projects. 12

BY repealing and reenacting, with amendments, 13
Article – Environment 14
Section 4–203 and 4–204 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Environment 19
Section 18–102 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2025 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24

Article – Environment 25

4–203. 26
2 SENATE BILL 688

(a) The Department of the Environment shall implement the provisions of this 1
subtitle and shall consult the Department of Natural Resources from time to time, 2
including during the adoption of regulations, concerning the impact of stormwater on 3
waters of the State. 4

(b) (1) The Department shall adopt rules and regulations which establish 5
criteria and procedures for stormwater management in Maryland. 6

(2) The rules and regulations shall: 7

(i) Indicate that the primary goal of the State and local programs 8
will be to maintain after development, as nearly as possible, the predevelopment runoff 9
characteristics; 10

(ii) Make allowance for the difference in hydrologic characteristics 11
and stormwater management needs of different parts of the State; 12

(iii) Specify that watershed –wide analyses may be necessary to 13
prevent undesirable downstream effects of increased stormwater runoff; 14

(iv) Specify the exemptions a county or municipality may grant from 15
the requirements of submitting a stormwater management plan; 16

(v) 1. Specify the minimum content of the local ordinances or the 17
rules and regulations of the affected county governing body to be adopted which may be 18
done by inclusion of a model ordinance or model rules and regulations; and 19

2. Establish regulations and a model ordinance that require: 20

A. The implementation of environmental site design to the 21
maximum extent practicable; 22

B. The review and modification, if necessary, of planning and 23
zoning or public works ordinances to remove impediments to environmental site design 24
implementation; and 25

C. A developer to demonstrate that environmental site 26
design has been implemented to the maximum extent pr acticable and standard best 27
management practices have been used only where absolutely necessary; 28

(vi) Indicate that water quality practices may be required for any 29
redevelopment, even when predevelopment runoff characteristics are maintained; 30

(vii) Specify the minimum requirements for inspection and 31
maintenance of stormwater practices; 32

SENATE BILL 688 3

(viii) Specify that all stormwater management plans shall be designed 1
to: 2

1. Prevent soil erosion from any development project; 3

2. Prevent, to the maxim um extent practicable, an increase 4
in nonpoint pollution; 5

3. Maintain the integrity of stream channels for their 6
biological function, as well as for drainage; 7

4. Minimize pollutants in stormwater runoff from new 8
development and redevelopment in order to: 9

A. Restore, enhance, and maintain the chemical, physical, 10
and biological integrity of the waters of the State; 11

B. Protect public health; 12

C. Safeguard fish and aquatic life and scenic and ecological 13
values; and 14

D. Enhance the domestic, municipal, recreational, industrial, 15
and other uses of water as specified by the Department; 16

5. Protect public safety through the proper design and 17
operation of stormwater management facilities; 18

6. Maintain 100% of average annual predeve lopment 19
groundwater recharge volume for the site; 20

7. Capture and treat stormwater runoff to remove pollutants 21
and enhance water quality; 22

8. Implement a channel protection strategy to reduce 23
downstream erosion in receiving streams; and 24

9. Implement quantity control strategies to prevent 25
increases in the frequency and magnitude of out–of–bank flooding from large, less frequent 26
storm events; 27

(ix) 1. Establish a comprehensive process for approving grading 28
and sediment control plans and stormwater management plans; and 29

2. Specify that the comprehensive process established under 30
item (i) of this item takes into account the cumulative impacts of both plans; and 31

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(x) Incorporate the most recent precipitation data available. 1

(3) (i) The Department shall review and update the regulations 2
adopted under this section at least once every 5 years. 3

(ii) In reviewing and updating the regulations adopted under this 4
section, the Department shall: 5

1. At a minimum, revise water quality and w ater quantity 6
control standards using the most recent precipitation data available; and 7

2. As necessary, update and revise the regulations to meet 8
the requirements of this subtitle. 9

(4) (i) On or before November 1, 2021, the Department shall report to 10
the General Assembly, in accordance with § 2–1257 of the State Government Article, on: 11

1. The most recent precipitation data available; 12

2. The Department’s plans for immediately updating water 13
quantity control standards for watersheds where f looding events occurred on or after 14
January 1, 2000; and 15

3. The Department’s plans for updating all other regulations 16
adopted under this section. 17

(ii) After November 1, 2021, the Department shall report to the 18
General Assembly, in accordance with § 2–1257 of the State Government Article, on any 19
revisions the Department intends to make to the regulations adopted under this section 20
before publishing the regulations. 21

(c) (1) At least 6 months before the proposal of regulations under this section, 22
the Department shall: 23

(i) Post the regulatory process that the Department follows on the 24
Department’s website; and 25

(ii) Consult with the following groups and stakeholders on the 26
impact of the proposed regulations: 27

1. The Commission on Environmen tal Justice and 28
Sustainable Communities; and 29

2. Stakeholders with expertise on stormwater design 30
standards and climate science, including stakeholders from: 31

A. An academic institution; 32
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B. The Chesapeake Bay Program; 1

C. The Chesapeake Bay Commission; 2

D. The Maryland Emergency Management Agency; 3

E. The Maryland Association of Soil Conservation Districts; 4

F. Local government; 5

G. A private sector entity with design and construction 6
experience; and 7

H. An association that has expertise in stormwater 8
restoration projects. 9

(2) Before any regulations required under this section are adopted, the 10
Department shall hold at least one public hearing in the affected immediate geographic 11
areas of the State and shall consult with the affected counties and municipalities. 12

(D) IN CARRYING OUT ITS DUTIES UNDER THIS SECTION, THE DEPARTMENT 13
SHALL PRIORITIZE STORMWATER MANAGEMENT PRACTICES THAT: 14

(1) CAPTURE STORMWATER RU NOFF AT OR NEAR THE SOURCE IN 15
ORDER TO PROMOTE INF ILTRATION AND TO DELAY THE RELEASE OF RUNOFF TO 16
STREAM CHANNELS; AND 17

(2) MINIMIZE DISTURBANCE TO EXISTING STREAMS , FLOODPLAINS, 18
AND RIPARIAN AND UPLAND FORESTS. 19

(E) (1) EXCEPT AS AUTHORIZED UNDER TITLE 18 OF THIS ARTICLE, THE 20
DEPARTMENT MAY NOT AP PROVE THE USE OF A STREAM REST ORATION PROJECT 21
THAT INVOLVES IN –STREAM CONSTRUCTION USING HEAVY EQUIPMEN T TO 22
MECHANICALLY ALTER T HE DIMENSIONS , PATTERN, OR PROFILE OF A STRE AM, 23
INCLUDING ACTIVITIES THAT RELOCATE CHANNEL ALIGNMENT, REGRADE STREAM 24
BANKS, OR CHANGE STRE AMBED ELEVATION THRO UGH EXCAVATION OR FI LLING, 25
FOR COMPLIANCE WITH: 26

(I) A MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT; 27

(II) A TOTAL MAXIMUM DAILY LOAD REQUIREMENT; OR 28

(III) A COMPENSATORY MITIGATION REQUIREMENT. 29

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(2) COMPLETION OF THE CONSTRUCTION OF A ST REAM 1
RESTORATION PROJECT MAY NOT BY ITSELF BE USED AS THE BASIS FOR AWARDING 2
ANY POLLUTION REDUCTION OR MITIGATION CREDIT. 3

[(d)] (F) The Department may not delay the implementation of any new 4
requirements or standards established under regulations adopted under this section. 5

[(e)] (G) The Department shall provide technical assistance, training, research, 6
and coordination in stormwater management technology to the local governments 7
consistent with the purposes of this subtitle. 8

4–204. 9

(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11

(2) (I) “INFEASIBLE” MEANS TECHNICALLY IM PRACTICABLE DUE 12
TO PHYSICAL, ENGINEERING, OR SITE–SPECIFIC CONSTRAINTS. 13

(II) “INFEASIBLE” DOES NOT INCLUDE CON SIDERATION OF 14
COSTS, PROPERTY OWNERSHIP, OR ADMINISTRATIVE CONVENIENCE. 15

(3) (I) “NON–STREAM–DISTURBING STORMWATE R MANAGEMENT 16
PRACTICE” MEANS AN UPLAND OR OUT–OF–STREAM PRACTICE THAT CAPTURES AND 17
MANAGES STORMWATER RUNOFF AT OR NEAR THE SOURCE. 18

(II) “NON–STREAM–DISTURBING STORMWATER M ANAGEMENT 19
PRACTICE” INCLUDES THE USE OF BIORETENTION, PERMEABLE PAVEMENT, TREE 20
PLANTINGS, BIOSWALES, GREEN ROOFS , OR STORMWATER INFRAS TRUCTURE 21
REPAIR. 22

(B) (1) After July 1, 1984, unless exempted, a person may not develop any land 23
for residential, commercial, industrial, or institutional use without [submitting]: 24

(I) SUBMITTING a stormwater management plan to the county or 25
municipality that has jurisdiction[,]; and [obtaining] 26

(II) OBTAINING approval of the plan from the county or 27
municipality. 28

(2) A grading or building permit may not be issued for a property unless a 29
stormwater management plan has been approved that is consistent with this subtitle. 30

[(b)] (C) The developer shall certif y that all land clearing, construction, 31
development, and drainage will be done according to the plan. 32
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(D) A STORMWATER MANAGEMENT PLAN SUBMITTED UNDER THIS SECTION 1
THAT INCLUDES A PROJ ECT INVOLVING IN –STREAM CONSTRUCTION OR THE 2
MECHANICAL ALTERATIO N OF THE DIMENSIONS , PATTERN, OR PROFILE OF A 3
STREAM SHALL INCLUDE AN ALTERNATIVES ANALYSIS THAT: 4

(1) ESTABLISHES THE SPECI FIC OBJECTIVES OF TH E PROPOSED 5
PROJECT; 6

(2) IDENTIFIES A REASONAB LE RANGE OF 7
NON–STREAM–DISTURBING STORMWATER MANAGEMENT PRACTIC ES CAPABLE OF 8
ACHIEVING THE PROJECT OBJECTIVES; AND 9

(3) EVALUATES THE BENEFIT S AND ADVERSE IMPACT OF EACH 10
IDENTIFIED ALTERNATIVE STORMWATER MANAGEMENT PRACTICE. 11

[(c)] (E) Each county or municipality may provide by ordinance for the review 12
and approval of stormwater management plans by the local soil conservation district. 13

(F) A COUNTY, MUNICIPALITY, OR SOIL CONSERVATION DISTRICT MAY NOT 14
APPROVE A STORMWATER MANAGEMENT PLAN THAT RELIES PRIMARILY ON A 15
PROJECT INVOLVING IN –STREAM CONSTRUCTION OR THE MECHAN ICAL 16
ALTERATION OF THE DIMENSIONS, PATTERN, OR PROFILE OF A STREAM UNLESS THE 17
PLAN DEMONSTRATES THAT: 18

(1) NON–STREAM–DISTURBING STORMWATE R MANAGEMENT 19
PRACTICES WERE EVALU ATED IN ACCORDANCE W ITH SUBSECTION (D) OF THIS 20
SECTION AND FOUND TO BE INFEASIBLE; AND 21

(2) THE PROPOSED PROJECT IS NECESSARY TO ADDR ESS 22
DOCUMENTED PUBLIC SA FETY OR INFRASTRUCTU RE CHALLENGES THAT C ANNOT 23
REASONABLY BE ADDRESSED THROUGH NON–STREAM–DISTURBING PRACTICES. 24

[(d)] (G) (1) Each governing body of a county or municipality may adopt a 25
system of charges to fund the implementation of stormwater management programs, 26
including the following: 27

(i) Reviewing stormwater management plans; 28

(ii) Inspection and enforcement activities; 29

(iii) Watershed planning; 30

(iv) Planning, design, land acquisition, and construction of 31
stormwater management systems and structures; 32
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(v) Retrofitting developed areas for pollution control; 1

(vi) Water quality monitoring and water quality programs; 2

(vii) Operation and maintenance of facilities; and 3

(viii) Program development of these activities. 4

(2) The charges shall take effect upon enactment by the local governing 5
body. 6

(3) The charges may be collected in the same manner as county and 7
municipal property taxes, have the same priority, and bear the same interest and penalties. 8

(4) The charges shall be assessed in a manner consistent with § 9
4–202.1(e)(3) and (f) of this subtitle. 10

[(e)] (H) (1) This subsection applies to a system of charges established by 11
Montgomery County under subsection [(d)] (G) of this section. 12

(2) Except as provided in paragraph (5) of this subsection, the county may 13
not impose the charge established under this section on a veterans’ organization that is 14
exempt from taxation under § 501(c)(4) or (19 ) of the Internal Revenue Code , a regularly 15
organized volunteer fire department that is used for public purposes, or on roads, not 16
including parking areas, that are owned by a homeowners association that is exempt from 17
taxation under § 501(c)(4) of the Int ernal Revenue Code if the roads qualify for a State or 18
county roadway maintenance reimbursement fund. 19

(3) Property owned by the State or a unit of State government in the county 20
may be charged under the system of charges adopted by the county under this section if: 21

(i) The State or a unit of State government and the county agree to 22
the collection of the charge from the State or a unit of State government that is based on 23
the share of stormwater management services related to property of the State or a unit of 24
State government located within the county; 25

(ii) The county agrees to appropriate into its own local watershed 26
protection and restoration fund, on an annual basis, an amount of money that is based on 27
the share of stormwater management services related to county property on an annual 28
basis; and 29

(iii) The county demonstrates to the satisfaction of the State or a unit 30
of State government that the charge collected under item (i) of this paragraph and the 31
money appropriated under item (ii) of this paragraph were deposited into the county’s local 32
watershed protection and restoration fund. 33

SENATE BILL 688 9

(4) (i) The county may establish a program to exempt from the system 1
of charges adopted under this section a property whose owner is able to demonstra te 2
substantial financial hardship. 3

(ii) The county may establish a separate hardship exemption 4
program or include a hardship exemption as part of a system of offsets to account for 5
on–site and off –site systems, facilities, services, or activities that reduce the quantity or 6
improve the quality of storm water discharged from the property. 7

(5) The county may impose the charge established under this section on 8
property owned by a veterans’ organization that is exempt from taxation under § 501(c)(4) 9
or (19) of the Internal Revenue Code or a regularly organized volunteer fire department if: 10

(i) The county determines that the creation of a nondiscriminatory 11
program for applying the charge to federal properties under the federal facilities pollution 12
control section of the Clean Water Act is necessary in order for the county to receive federal 13
funding for stormwater remediation; and 14

(ii) A veterans’ organization that is exempt from taxation under § 15
501(c)(4) or (19) of the Internal Revenue Code and a regularly organized volunteer fire 16
department that is used for public purposes are provided with the opportunity to apply for 17
an alternate compliance plan established under § 4 –202.1(k)(3) of this subtitle instead of 18
paying a charge imposed by the county under item (i) of this paragraph. 19

18–102. 20

(a) The Department may authorize a stream and floodplain restoration project in 21
accordance with this section. 22

(b) Prior to the authorization of any stream and floodplain restoration project in 23
the State, the Department shall: 24

(1) Assess documentation submitted by the project applicant for 25
degradation criteria related to: 26

(i) An existing biological function–based parameter; and 27

(ii) A physical parameter, including an existing geomorphologic or 28
hydraulic function–based parameter; 29

(2) Assess whether the project applicant incorporated the following 30
cobenefits, as appropriate, into the application: 31

(i) The creation or restoration of wildlife habitat, riparian buffers, 32
and wetland restoration; 33

10 SENATE BILL 688

(ii) The restoration of aquatic resources, such as freshwater mussels, 1
fish passage, or oyster reefs; 2

(iii) Carbon sequestration; 3

(iv) Climate change mitigation, adaptation, or resilience; 4

(v) Improving and protecting public health; and 5

(vi) Recreational opportunities and public access to waterways and 6
natural habitats; 7

(3) Assess documentation of community notifications AND 8
PRESENTATIONS conducted by the project applicant prior to the submission of the 9
application FOR COMPLETION AND CONSISTENCY WITH THE TECHNICAL MATERIALS 10
SUBMITTED TO THE DEPARTMENT; 11

(4) Assess whether the applicant incorporated, to the extent practicable, 12
recognized best management practices to: 13

(i) Maximize ecological uplift; 14

(ii) Minimize: 15

1. Impacts to wildlife habitats; 16

2. Tree loss and removal; 17

3. Earth disturbance; and 18

4. Disturbance to native vegetation; 19

(iii) Avoid impacts to: 20

1. Large noninvasive native plant communities; and 21

2. Specimen trees; 22

(iv) Use existing areas suitable for material staging areas to avoid 23
forest removal; 24

(v) Limit construction access road widths; 25

(vi) Limit the impacts of ingress and egress points to minimize forest 26
impacts; and 27

SENATE BILL 688 11

(vii) Where appropriate, prioritize the removal of nonnative and 1
invasive: 2

1. Trees; and 3

2. Vegetation; [and] 4

(5) Establish a plan to provide for at least 5 years of monitoring in 5
accordance with subsection (d) of this section; 6

(6) ASSESS WHETHER THE PR OPOSED PROJECT IS NE CESSARY TO 7
ADDRESS DOCUMENTED S TREAM DEGRADATION TH AT CANNOT REASONABLY BE 8
ADDRESSED THROUGH NO N–STREAM–DISTURBING STORMWATER OR WATERSHED 9
MANAGEMENT PRACTICES; AND 10

(7) PRIORITIZE THE PRESER VATION AND NONDESTRU CTIVE 11
MANAGEMENT OF STREAMS AND FLOODPLAINS THAT RETAIN INTACT ECOLOGICAL 12
FUNCTION, INCLUDING MATURE RIPARIAN AND UPLAND FORESTS. 13

(c) The Department’s assessment review required under subsection (b)(3) of this 14
section shall include: 15

(1) Whether the project applicant provided notice as required in § 18–101 16
of this title; 17

(2) Whether the project applicant conducted a public meeting as required 18
in § 18–101(d) of this title; 19

(3) Whether the project applicant placed appropriate project signage; 20

(4) Whether the project applicant considered the pro ject’s compatibility 21
with local land use, especially in urban, suburban, and other high–visibility areas; 22

(5) Whether and how the project applicant considered and responded to 23
relevant public input, including any resulting modifications to the project; [and] 24

(6) How the project applicant considered public input in the final 25
application design; 26

(7) WHETHER PROJECT COMMU NITY NOTIFICATIONS A ND 27
PRESENTATIONS WERE C OMPLETE AND CONSISTE NT WITH THE TECHNICA L 28
MATERIALS SUBMITTED TO THE DEPARTMENT; AND 29

(8) ANY OTHER FACTORS THE DEPARTMENT CONSIDERS RELEVANT. 30

12 SENATE BILL 688

(d) (1) On completion of a stream and floodplain restoration project, the 1
Department shall provide for at least 5 years of monitoring per the design and permit 2
associated with the design for each authorized project. 3

(2) The monitoring required under this subsection shall include an 4
assessment of stream stability, stream and floodplain function, and vegetation viability 5
within the affected project area. 6

(E) (1) IN THIS SUBSECTION , “INFEASIBLE” HAS THE MEANING STAT ED 7
IN § 4–204 OF THIS ARTICLE. 8

(2) THE AUTHORIZATION OF A STREAM OR FLOODPLA IN 9
RESTORATION PROJECT UNDER THIS SECTION DOES NOT, BY ITSELF, QUALIFY THE 10
PROJECT FOR USE AS: 11

(I) COMPENSATORY MITIGATI ON FOR CONSTRUCTION 12
IMPACTS ON WETLANDS, STREAMS, FORESTS, OR OTHER NATURAL RESOURCES; OR 13

(II) COMPLIANCE WITH A MUNICIPAL SEPARATE STORMWATER 14
PERMIT OR TOTAL MAXIMUM DAILY LOAD REQUIREMENT. 15

(3) THE DEPARTMENT MAY APPROV E A STREAM OR FLOODP LAIN 16
RESTORATION PROJECT FOR A USE DESCRIBED UNDER PARA GRAPH (2) OF THIS 17
SUBSECTION ONLY IF THE DEPARTMENT DETERMINES THAT: 18

(I) NON–STREAM–DISTURBING ALTERNATIVES WERE 19
EVALUATED AND FOUND TO BE INFEASIBLE; AND 20

(II) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 21
PROJECT PRODUCES ME ASURABLE FUNCTIONAL LIFT AS DEMONSTRATED 22
THROUGH POSTCONSTRUCTION MONITORING. 23

(4) (I) FOR PURPOSES OF PARAG RAPH (3) OF THIS SUBSECTION , 24
MEASURABLE FUNCTIONAL LIFT: 25

1. SHALL BE DEMONSTRATED THROUGH 26
IMPROVEMENTS TO BIOLOGICAL HABITAT OR ECOLOGICAL FUNCTION; AND 27

2. MAY NOT BE BASED SOLELY ON MODELED POLLUTION 28
LOAD REDUCTIONS , HYDRAULIC PERFORMANC E, OR PHYSICAL CHANNEL 29
STABILITY. 30

(II) WHERE BIOLOGICAL CONDITION IS A RELEVANT STREAM 31
ASSESSMENT CONSIDERATION, A DEMONSTRATION OF MEASURABLE FUNCTIONAL 32
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LIFT SHALL INCLUDE DOCUMENTED IMPROVEMENTS TO BIOLOGICAL CO MMUNITY 1
CONDITIONS AS ASSESSED USING SCIENTIFICALLY ACCEPTED BIOLOGICAL INDICES 2
OR EQUIVALENT INDICATORS. 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 4
October 1, 2026. 5