Critical Area Commission Seeking Clearer Enforcement Tools

Pre-filed bills are now visible on the Maryland General Assembly website, including a proposal from the Statewide Critical Area Commission to clarify and expand its ability to enforce regulations and building limitations in areas near the coastline.

Senate Bill 268 is a pre-filed Departmental bill, technically introduced by the Senate Chair of the Education, Energy, and the Environment Committee as a courtesy to the Critical Area Commission, an entity established under the Department of natural Resources to govern and guide activity in the area near Maryland tidal waterways. The bill has not yet been scheduled for a public hearing.

From the Critical Area Commission website, its charge is, in substantial part:

The Chesapeake Bay Critical Area Commission was charged with devising a set of criteria which would minimize the adverse effects of human activities on water quality and natural habitats and would foster consistent, uniform and more sensitive development activity within the Critical Area. In cooperation with the Critical Area commission, local critical area management programs are administered by the 61 local governments whose jurisdiction are partially or entirely within the Critical Area.​​​​​​​

The language in SB 263 seems to broaden the range of matters where the Commission, and the Attorney General, may bring an enforcement action — effectively granting them the authority to react not only based on an “approved plan” but on other laws or regulations in effect by the State or local government. Operative language is shown below:

The current law provides “due process” for the subject of any such enforcement actions, and those provisions are unchanged by the proposed bill. Full bill text is online.

Pre-filed bills can be viewed on the General Assembly website:  House Bills   Senate Bills

Most early filed legislation will be scheduled for public hearings on a calendar released on Thursday of this week, and expect the standing committees of both chambers to begin early session schedules of 1pm hearings Tuesday/Wednesday/Thursday for the coming few weeks.

Michael Sanderson

Executive Director Maryland Association of Counties