MACo Seeks Clarity and Flexibility in Critical Area Update

On January 31, 2024, Associate Policy Director Dominic Butchko testified before the Senate Education, Energy, and the Environment committee in support of SB 306- Chesapeake and Atlantic Coastal Bays Critical Area Protection Program- Climate, Equity, and Administrative Provisions with amendments. This bill authorizes the Critical Area Commission to adopt specific regulations to advance environmental justice and equity efforts.

This bill modernizes several aspects of the Critical Area Commission (CAC), aligning it with current understandings of best practices, science, climate change, and sea level rise. As the primary drivers of the critical area program, counties need to retain a certain level of flexibility in its implementation.

From MACo Testimony:

Counties remain supportive stakeholders in the broad goal of ensuring that the Chesapeake Bay, a central source of Maryland’s economic vitality, remains a healthy and adaptable ecosystem. Since its creation in 1984, the CAC has sought to improve the Bay by providing significant oversight over development of land within 1000 feet of its tidal influence. Development within this 1000-foot area has long been understood to have a sizeable impact on the overall health and welfare of the Bay.

SB 306’s cross-file, HB 233, was heard on February 7, 2024 in the House Environment and Transportation Committee. Dominic Butchko testified in support of this bill with amendments.

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