HB 1444

HOUSE BILL 1444
     M3, L2  6lr2477
  CF 6lr2479
     By: Washington County Delegation
     Introduced and read first time: February 13, 2026
     Assigned to: Environment and Transportation
  A BILL ENTITLED
1 AN ACT concerning
2Washington County – On–Site Sewage Disposal System Regulations –
3Exemptions
4 FOR the purpose of authorizing the Washington County Health Department to exempt the
5      owner of certain residential property from compliance with all or part of a certain
6      on–site sewage disposal system regulation if compliance with the regulation would
7      be unduly burdensome; establishing requirements for the consideration and issuance
8      of exemptions under this Act; and generally relating to on–site sewage disposal
9      systems in Washington County.
10 BY adding to
11      Article – Environment
12      Section 9–1115
13      Annotated Code of Maryland
14      (2014 Replacement Volume and 2025 Supplement)
15SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
16 That the Laws of Maryland read as follows:
17Article – Environment
18 9–1115.
19(A)     THIS SECTION APPLIES ONLY TO RESIDENTIAL REAL PROPERTY THAT:
20(1) IS LOCATED IN A WASHINGTON COUNTY AGRICULTURAL
21 (RURAL) OR RURAL VILLAGE ZONING DISTRICT; AND
22(2)
  AS OF JUNE 1, 2026, IS SERVED BY A CONVENTIONAL ON–SITE
23 SEWAGE DISPOSAL SYSTEM THAT UTILIZES A SEPTIC TANK.
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb1444*
2HOUSE BILL 1444
1(B)   (1)   IN ACCORDANCE WITH THIS SECTION, THE WASHINGTON COUNTY
2 HEALTH DEPARTMENT MAY EXEMPT THE OWNER OF A RESIDENTIAL PROPERTY
3 QUALIFYING UNDER SUBSECTION (A) OF THIS SECTION FROM COMPLIANCE WITH
4 ALL OR PART OF A REGULATION UNDER COMAR 26.04.02, IF COMPLIANCE WITH
5 THE REGULATION WOULD BE UNDULY BURDENSOME.
6(2)TO ESTABLISH THAT COMPLIANCE WITH A REGULATION WOULD
7 BE UNDULY BURDENSOME, AN APPLICANT SHALL DEMONSTRATE THAT THE UNIQUE
8 CHARACTERISTICS OF THE PROPERTY, EXISTING INFRASTRUCTURE, OR LOCATION
9 OF THE ON–SITE SEWAGE DISPOSAL SYSTEM AT ISSUE MAKES COMPLIANCE
10 FINANCIALLY OR PHYSICALLY IMPRACTICABLE.
11(C)   (1) AN APPLICATION FOR AN EXEMPTION UNDER SUBSECTION (B) OF
12 THIS SECTION SHALL:
13(I)      BE SUBMITTED TO THE WASHINGTON COUNTY HEALTH
14 DEPARTMENT; AND
15(II) INCLUDE A REPORT COMPLETED BY AN INDIVIDUAL
16 LICENSED BY THE STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS
17 DESCRIBING THE BURDENS UNIQUE TO THE PROPERTY THAT MAKE COMPLIANCE
18 WITH SPECIFIC REGULATIONS UNDER COMAR 26.04.02 UNDULY BURDENSOME.
19(2)THE WASHINGTON COUNTY HEALTH DEPARTMENT SHALL
20 REVIEW AN APPLICATION SUBMITTED UNDER PARAGRAPH (1) OF THIS SUBSECTION
21 AND DETERMINE WHETHER COMPLYING WITH THE REGULATION OR REGULATIONS
22 SPECIFIED IN THE APPLICATION WOULD BE UNDULY BURDENSOME.
23(3)   IF
  THE   WASHINGTON COUNTY HEALTH DEPARTMENT
24 DETERMINES THAT COMPLYING WITH THE REGULATION OR REGULATIONS WOULD
25 BE UNDULY BURDENSOME, THE WASHINGTON COUNTY HEALTH DEPARTMENT
26 SHALL ISSUE A PERMIT SPECIFYING THE CRITERIA FROM WHICH THE PROPERTY
27 OWNER IS EXEMPT.
28(D)   AN EXEMPTION GRANTED UNDER THIS SECTION:
29(1)APPLIES ONLY TO THE PROPERTY OWNER NAMED IN THE
30 APPLICATION AND DOES NOT RUN WITH THE PROPERTY;
31(2)EXPIRES 3 YEARS AFTER THE DATE OF ISSUANCE OR ON
32 REGISTERING A CHANGE IN TITLE TO THE PROPERTY, WHICHEVER OCCURS FIRST;
33 AND
  HOUSE BILL 1444  3
1(3)   MAY BE RENEWED AN UNLIMITED NUMBER OF TIMES.
2SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
3 1, 2026.