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MarylandHB 02472026 Regular SessionHouseWALLET

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

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Tighter Critical Area variance approvals

Beginning October 1, 2026, getting a Critical Area variance is harder. Local officials must presume your project does not meet program goals. They must also consider if you created the problem yourself. A variance cannot allow a banned use, change required mitigation, or bypass an approved administrative remedy. You must prove "unwarranted hardship"—no reasonable and significant use of the whole lot—meet every rule, show deprivation using only allowed comparison properties, show a real need not based on convenience or money, and show the work cannot go outside a habitat protection area.

Easier Critical Area rules for accessory units

Beginning October 1, 2026, some accessory dwelling unit (ADU) projects get limited relief. New ADUs defined in a local Critical Area program are exempt from one variance rule and from the usual property-comparison test. But if you seek a variance for a new accessory structure or use, officials presume an existing accessory use already shows reasonable and significant use. That presumption can make approval harder unless you rebut it.

Processing and appeals rules for variances

Beginning October 1, 2026, local governments must process variance applications even when a parcel has a current Critical Area violation. You can appeal an administrative officer’s variance decision to the local board of appeals. The board must hear the case on the record and give weight to the officer’s findings of fact. That deference can make reversals harder.

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: 6

House vote • 3/18/2026

Third Reading Passed

Yes: 96 • No: 37 • Other: 8

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

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