PRIA Logo™
MarylandHB 02472026 Regular SessionHouse

Chesapeake and Atlantic Coastal Bays Critical Area Protection Program - Variances - Alterations

Sponsored By: Dylan Behler (Democratic)

Signed by Governor

Natural Resources - GenerallyAppeals -see also- Judicial ReviewChesapeake Bay -see also- Chesapeake Bay RestorationCoastal BaysConservation -see also- Soil ConservationHousing -see also- Apartments; Condos; Mobile & Manuf HomesNatural Resources -see also- Coal; For&Pks; Rivers; etc.WaiversZoning and Planning

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

Harder to get critical-area variances

Beginning October 1, 2026, local governments cannot accept a variance that allows a use barred by the Critical Area land class, changes required mitigation, or seeks relief already available through an approved administrative process. To get a variance, you must meet every required standard. You must show a substantial need that is not convenience, personal preference, or financial gain. You must also show the work cannot be placed outside a habitat protection area.

Harder variances for accessory structures

Beginning October 1, 2026, when you seek a variance for a new accessory structure or use, the law presumes an existing accessory structure or use on your lot shows reasonable and significant use. That makes it harder to prove hardship for another accessory structure. This presumption does not apply to a new additional or accessory dwelling unit under your approved local Critical Area program.

Stricter property comparisons for variances

Beginning October 1, 2026, when you try to show you lost a permitted use, you can compare only to accessory structures that are in the Critical Area, were built after the local program began, were legal when built, are similarly placed, and, if in a modified buffer, met those rules. This limit does not apply if your request is for a new accessory dwelling unit under an approved local program.

Appeals defer to staff findings

Beginning October 1, 2026, if you appeal a variance decision by an administrative officer, the local board holds an on‑the‑record hearing. The board must defer to the officer’s findings of fact. It is harder to win an appeal by re‑arguing the facts.

Sponsors & Cosponsors

Sponsor

  • Dylan Behler

    Democratic • House

Cosponsors

  • Dana Stein

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 129 • No: 45

Senate vote • 4/9/2026

Third Reading Passed

Yes: 33 • No: 8 • Other: 3

House vote • 3/18/2026

Third Reading Passed

Yes: 96 • No: 37 • Other: 3

Actions Timeline

  1. Approved by the Governor - Chapter 79

    4/14/2026

  2. Returned Passed

    4/9/2026House

  3. Third Reading Passed (33-8)

    4/9/2026Senate

  4. Second Reading Passed

    4/8/2026Senate

  5. Favorable Adopted

    4/8/2026Senate

  6. Favorable Report by Education, Energy, and the Environment

    4/8/2026Senate

  7. Hearing 3/31 at 1:00 p.m.

    3/20/2026Senate

  8. Referred Education, Energy, and the Environment

    3/19/2026Senate

  9. Third Reading Passed (96-37)

    3/18/2026House

  10. Second Reading Passed with Amendments

    3/17/2026House

  11. Favorable with Amendments {653929/1 Adopted

    3/17/2026House

  12. Favorable with Amendments Report by Environment and Transportation

    3/16/2026House

  13. Hearing 2/11 at 1:00 p.m.

    1/19/2026House

  14. First Reading Environment and Transportation

    1/14/2026House

  15. Pre-filed

    9/30/2025House

Bill Text

  • Enacted

    4/14/2026

    PDF

  • Third Reading

    3/17/2026

    PDF

  • First Reading

    1/14/2026

    PDF

Related Bills

Back to State Legislation