HB 1071

WES MOORE, Governor  Ch. 14
Chapter 14
  (House Bill 1071)
AN ACT concerning
 Environment – Stormwater Management – Agricultural Land for Agritourism
FOR the purpose of requiring the Department of the Environment to adopt regulations that
     establish provisions and a model ordinance that require local stormwater
     management programs to enforce stormwater management regulations on
     agricultural land in a certain manner; requiring the Department, in a certain
     stormwater design manual, to specify certain definitions and provisions related to
     the enforcement of certain stormwater management regulations on agricultural land
     consider certain best management practices for stormwater management for
     agritourism; requiring Montgomery County and the Montgomery Soil Conservation
     District, in consultation with the Department, to review certain processes for
     reviewing and approving certain stormwater management plans; and generally
     relating to stormwater management and agricultural land agritourism.
BY repealing and reenacting, without amendments,
      Article – Environment
      Section 4–203(b)(1) and 4–204(c)
      Annotated Code of Maryland
      (2013 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
      Article – Environment
      Section 4–203(b)(2)(v) 4–203(b)(2)(ix) and (x)
      Annotated Code of Maryland
      (2013 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Environment
     Section 4–203(b)(5) 4–203(b)(2)(xi)
     Annotated Code of Maryland
     (2013 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Environment
4–203.
       (b)    (1)  The Department shall adopt rules and regulations which establish
criteria and procedures for stormwater management in Maryland.
  –1–
Ch. 14  2026 LAWS OF MARYLAND
  (2)   The rules and regulations shall:
  (v)   1.     Specify the minimum content of the local ordinances or the
rules and regulations of the affected county governing body to be adopted which may be
done by inclusion of a model ordinance or model rules and regulations; [and]
  2.     Establish regulations and a model ordinance that require:
  A.        The implementation of environmental site design to the
maximum extent practicable;
  B.   The review and modification, if necessary, of planning and
zoning or public works ordinances to remove impediments to environmental site design
implementation; and
  C.    A developer to demonstrate that environmental site
design has been implemented to the maximum extent practicable and standard best
management practices have been used only where absolutely necessary; AND
  3.     ESTABLISH PROVISIONS AND A MODEL ORDINANCE
THAT REQUIRE LOCAL STORMWATER MANAGEMENT PROGRAMS TO ENFORCE
STORMWATER MANAGEMENT REGULATIONS ON AGRICULTURAL LAND WITH THE
ADVICE AND CONSENT OF THE LOCAL SOIL CONSERVATION DISTRICT;
  (5)   IN
  THE  MARYLAND STORMWATER DESIGN MANUAL,
INCORPORATED BY REFERENCE IN COMAR 26.17.02, THE DEPARTMENT SHALL:
  (I)    DEFINE
  AGRICULTURE AND ACCESSORY USES ON
AGRICULTURAL LAND, INCLUDING ON–FARM PROCESSING AND OFFICE SPACE, AS
DISTINCT FROM COMMERCIAL DEVELOPMENT; AND
  (II)
  ALLOW FOR FLEXIBILITY IN ENFORCEMENT OF THE
STORMWATER MANAGEMENT REGULATIONS ON AGRICULTURAL LAND.
  (ix) 1.      Establish a comprehensive process for approving grading
and sediment control plans and stormwater management plans; and
  2.     Specify that the comprehensive process established under
item (i) of this item takes into account the cumulative impacts of both plans; [and]
  (x)    Incorporate the most recent precipitation data available; AND
  –2–
  WES MOORE, Governor  Ch. 14
  (XI)
  1.   IN CONSULTATION WITH THE DEPARTMENT OF
AGRICULTURE, DEFINE “AGRITOURISM”; AND
  2.
  CONSIDER BEST MANAGEMENT PRACTICES FOR
STORMWATER MANAGEMENT FOR AGRITOURISM, INCLUDING:
  A.    THE     CREATION      OF    A   STANDARD       PLAN     FOR
TEMPORARY PARKING AREAS; AND
  B.    THE USE OF PASTURE, MEADOWS, AND CROPLAND
FOR THE TREATMENT OF STORMWATER RUNOFF.
4–204.
      (c)    Each county or municipality may provide by ordinance for the review and
approval of stormwater management plans by the local soil conservation district.
     SECTION 2. AND BE IT FURTHER ENACTED, That Montgomery County and the
Montgomery Soil Conservation District jointly shall:
  (1)   in consultation with the Department of the Environment, review the
county’s current process for reviewing and approving stormwater management plans for
agritourism;
  (2)   as part of the review required under item (1) of this section:
  (i)   examine how other counties in the State review and approve
stormwater management plans for agritourism;
  (ii)   identify challenges and approaches to improve the agritourism
stormwater management plan review and coordination between the county and the soil
conservation district; and
  (iii) recommend changes to the review and approval process for
stormwater management plans for agritourism in the county; and
  (3)   on or before December 31, 2026, report the findings under this section
to the Governor and, in accordance with § 2–1257 of the State Government Article, the
General Assembly.
      SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 14, 2026.
  –3–