MarylandHB 02582026 Regular SessionHouse

Chesapeake and Atlantic Coastal Bays Critical Area Protection Program - Standards and Procedures

Sponsored By: Regina T. Boyce (Democratic)

Signed by Governor

Natural Resources - GenerallyBoundariesChesapeake Bay -see also- Chesapeake Bay RestorationCoastal BaysCommittees and CommissionsEvaluations and ReviewsMaps and ChartsNatural Resources -see also- Coal; For&Pks; Rivers; etc.Rules and RegulationsStandards and Best PracticesTimeTreesVoting -see also- Absentee and Mail-In Voting

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Bill Overview

Analyzed Economic Effects

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

Development faces limits and county exceptions

Beginning October 1, 2026, Maryland sets location rules for new development areas in the Chesapeake and Atlantic Coastal Bays Critical Areas. New intensely developed areas must be in limited development areas or contiguous and adjoining to existing intensely developed areas. New limited development areas must connect to existing limited or intensely developed areas. Areas with different land classifications count as adjacent when they share a boundary or are separated only by a road, right-of-way, or utility or access easement. In resource conservation areas, new development areas must stay at least 300 feet beyond tidal waters or wetlands. The Commission can approve alternatives that demonstrably improve water quality and habitat. Generally, no more than half of a county’s allocated expansion can be in resource conservation areas. An exception covers Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester counties. Their Commission-approved plans must show that part of the allocation cannot feasibly fit within or adjoining existing development areas. Developers must cluster development in these exception areas. Growth areas must minimize habitat impacts, maximize water-quality benefits, minimize harm to existing conservation-area uses, and appear on local comprehensive zoning maps. Development must avoid climate-vulnerable areas unless the local government proposes resiliency measures and the Commission approves them.

Property owners can seek map corrections

Beginning October 1, 2026, local authorities can approve Critical Area designation changes based on proof of a mapping mistake. The proposed classification must reflect land uses or natural features from the applicable reference date. Those dates are December 1, 1985, for the Chesapeake Bay and June 1, 2002, for the Atlantic Coastal Bays. For areas added through remapping, the relevant conditions are those that existed at the time of remapping. Corrections must follow State mapping rules, the local government’s documented original mapping method, the law’s goals, and Commission criteria. Approval is not automatic.

New restoration rules for tree-cutting violations

Beginning October 1, 2026, unlawful tree cutting in either coastal Critical Area can lead to lawsuits, orders to stop violations, replanting, and damages. The Commission chair or a local government can sue; local governments can also request referral to the Attorney General. At the local government’s or chair’s request, more qualified professionals can prepare, oversee, and approve completion of replanting plans. These include licensed foresters, licensed landscape architects, and other professionals approved by the Department of Natural Resources. When a circuit court assesses damages equal to estimated replanting costs, the violator pays the local government instead of the Department. The law changes who receives that payment, not the stated calculation of damages.

Local coastal reviews get longer timelines

Beginning October 1, 2026, local governments must review their Critical Area programs every 10 years instead of every 6 years. The Commission gains explicit powers to adopt and amend regulations by affirmative vote, hold hearings, hire contractors, and set program standards. Local governments can submit program changes up to four times each calendar year. A proposal submitted as a refinement becomes an amendment if the chair takes no action within 30 days after Commission acceptance and no extension is approved. The Commission must notify the local government of that change. If the Commission overrides the chair’s refinement decision, it must act on the resulting amendment within 130 days of the vote, instead of 90 days.

Sponsors & Cosponsors

Sponsor

  • Regina T. Boyce

    Democratic • House

Cosponsors

  • Marvin E. Holmes

    Democratic • House

  • Robbyn Lewis

    Democratic • House

  • Darrell Odom

    Democratic • House

  • Dana Stein

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 171 • No: 2

Senate vote • 4/9/2026

Third Reading Passed

Yes: 41 • No: 0 • Other: 3

House vote • 3/12/2026

Third Reading Passed

Yes: 130 • No: 2 • Other: 4

Actions Timeline

  1. Approved by the Governor - Chapter 274

    4/28/2026
  2. Returned Passed

    4/9/2026House
  3. Third Reading Passed (41-0)

    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. Referred Education, Energy, and the Environment

    3/13/2026Senate
  8. Third Reading Passed (130-2)

    3/12/2026House
  9. Second Reading Passed with Amendments

    3/10/2026House
  10. Favorable with Amendments {113220/1 Adopted

    3/10/2026House
  11. Favorable with Amendments Report by Environment and Transportation

    3/9/2026House
  12. Hearing 2/11 at 1:00 p.m.

    1/19/2026House
  13. First Reading Environment and Transportation

    1/14/2026House
  14. Pre-filed

    9/30/2025House

Bill Text

  • Enacted

    4/28/2026

  • Third Reading

    3/10/2026

  • First Reading

    1/14/2026

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