Counties Warn Against Binding State Flood Determinations Over Local Land Use Authority

On March 3, Director of Intergovernmental Relations Dominic Butchko testified before the Education, Energy, and the Environment Committee in opposition to SB 687 – Environment – Flood Risk Review Process – Establishment. 

This bill would require the Maryland Department of the Environment (MDE) to establish a new “flood risk review process” for areas identified as being at risk of tidal or nontidal flooding, apply that process to MDE’s review of plans and permits, and then make MDE’s final determination binding within the local stormwater approval process.

As Maryland continues to confront rising flood risks from tidal and inland waters, state and local governments share a commitment to resilient development and responsible planning. While well-intentioned, SB 687 would duplicate existing review systems, insert a new state-driven layer into development approvals, and ultimately override long-standing local land use authority—adding delay and uncertainty without delivering meaningful new protections.

From MACo Testimony: 

Counties remain committed to working with the State to reduce flood risks and strengthen resilience. However, SB 687’s creation of a new, duplicative State review process—paired with a binding determination that constrains local approvals—would undermine local analysis and complicate established stormwater and development review systems.

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