HB 1465

HOUSE BILL 1465
     M3  6lr3410
  CF SB 688
     By: Delegates Terrasa, Lehman, and Ruth
     Introduced and read first time: February 13, 2026
     Assigned to: Environment and Transportation
  A BILL ENTITLED
1 AN ACT concerning
2 Environment – Stream and Floodplain Restoration Projects – Requirements and
3Limitations
4 FOR the purpose of requiring the Department of the Environment to prioritize certain
5      practices when carrying out certain duties related to stormwater management;
6      establishing certain restrictions on the use of a stream or floodplain restoration
7      project to satisfy certain compensatory mitigation, permit, or total maximum daily
8      load requirements; establishing requirements for stormwater management plans
9      that include certain stream–related projects; altering certain responsibilities of the
10      Department related to the review and assessment of stream and floodplain
11      restoration projects; and generally relating to stream and floodplain restoration
12      projects.
13 BY repealing and reenacting, with amendments,
14Article – Environment
15Section 4–203 and 4–204
16Annotated Code of Maryland
17(2013 Replacement Volume and 2025 Supplement)
18 BY repealing and reenacting, with amendments,
19Article – Environment
20Section 18–102
21Annotated Code of Maryland
22(2014 Replacement Volume and 2025 Supplement)
23SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24 That the Laws of Maryland read as follows:
25Article – Environment
26 4–203.
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb1465*
2HOUSE BILL 1465
1(a)   The Department of the Environment shall implement the provisions of this
2 subtitle and shall consult the Department of Natural Resources from time to time,
3 including during the adoption of regulations, concerning the impact of stormwater on
4 waters of the State.
5(b)    (1)  The Department shall adopt rules and regulations which establish
6 criteria and procedures for stormwater management in Maryland.
7(2)   The rules and regulations shall:
8(i)    Indicate that the primary goal of the State and local programs
9 will be to maintain after development, as nearly as possible, the predevelopment runoff
10 characteristics;
11(ii) Make allowance for the difference in hydrologic characteristics
12 and stormwater management needs of different parts of the State;
13(iii) Specify that watershed–wide analyses may be necessary to
14 prevent undesirable downstream effects of increased stormwater runoff;
15(iv) Specify the exemptions a county or municipality may grant from
16 the requirements of submitting a stormwater management plan;
17(v)   1.     Specify the minimum content of the local ordinances or the
18 rules and regulations of the affected county governing body to be adopted which may be
19 done by inclusion of a model ordinance or model rules and regulations; and
202.    Establish regulations and a model ordinance that require:
21A.       The implementation of environmental site design to the
22 maximum extent practicable;
23B.   The review and modification, if necessary, of planning and
24 zoning or public works ordinances to remove impediments to environmental site design
25 implementation; and
26C.    A developer to demonstrate that environmental site
27 design has been implemented to the maximum extent practicable and standard best
28 management practices have been used only where absolutely necessary;
29(vi) Indicate that water quality practices may be required for any
30 redevelopment, even when predevelopment runoff characteristics are maintained;
31(vii) Specify the     minimum      requirements   for   inspection   and
32 maintenance of stormwater practices;
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1(viii) Specify that all stormwater management plans shall be designed
2 to:
31.    Prevent soil erosion from any development project;
42.    Prevent, to the maximum extent practicable, an increase
5 in nonpoint pollution;
63.      Maintain the integrity of stream channels for their
7 biological function, as well as for drainage;
84.   Minimize pollutants in stormwater runoff from new
9 development and redevelopment in order to:
10A.    Restore, enhance, and maintain the chemical, physical,
11 and biological integrity of the waters of the State;
12B.    Protect public health;
13C.    Safeguard fish and aquatic life and scenic and ecological
14 values; and
15D.     Enhance the domestic, municipal, recreational, industrial,
16 and other uses of water as specified by the Department;
175.   Protect public safety through the proper design and
18 operation of stormwater management facilities;
196.    Maintain 100% of average annual predevelopment
20 groundwater recharge volume for the site;
217.      Capture and treat stormwater runoff to remove pollutants
22 and enhance water quality;
238.    Implement a channel protection strategy to reduce
24 downstream erosion in receiving streams; and
259.    Implement quantity control strategies to prevent
26 increases in the frequency and magnitude of out–of–bank flooding from large, less frequent
27 storm events;
28(ix) 1.      Establish a comprehensive process for approving grading
29 and sediment control plans and stormwater management plans; and
302.     Specify that the comprehensive process established under
31 item (i) of this item takes into account the cumulative impacts of both plans; and
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1(x)    Incorporate the most recent precipitation data available.
2(3)    (i)    The Department shall review and update the regulations
3 adopted under this section at least once every 5 years.
4(ii)  In reviewing and updating the regulations adopted under this
5 section, the Department shall:
61.   At a minimum, revise water quality and water quantity
7 control standards using the most recent precipitation data available; and
82.     As necessary, update and revise the regulations to meet
9 the requirements of this subtitle.
10(4)  (i)     On or before November 1, 2021, the Department shall report to
11 the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
121.    The most recent precipitation data available;
132.     The Department’s plans for immediately updating water
14 quantity control standards for watersheds where flooding events occurred on or after
15 January 1, 2000; and
163.    The Department’s plans for updating all other regulations
17 adopted under this section.
18(ii)  After November 1, 2021, the Department shall report to the
19 General Assembly, in accordance with § 2–1257 of the State Government Article, on any
20 revisions the Department intends to make to the regulations adopted under this section
21 before publishing the regulations.
22(c)  (1)   At least 6 months before the proposal of regulations under this section,
23 the Department shall:
24(i)    Post the regulatory process that the Department follows on the
25 Department’s website; and
26(ii)   Consult with the following groups and stakeholders on the
27 impact of the proposed regulations:
281.    The       Commission     on   Environmental     Justice   and
29 Sustainable Communities; and
302.     Stakeholders with expertise on stormwater design
31 standards and climate science, including stakeholders from:
32A.    An academic institution;
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1B.   The Chesapeake Bay Program;
2C.   The Chesapeake Bay Commission;
3D.   The Maryland Emergency Management Agency;
4E.   The Maryland Association of Soil Conservation Districts;
5F.   Local government;
6G.   A private sector entity with design and construction
7 experience; and
8H.   An   association   that   has   expertise   in   stormwater
9 restoration projects.
10(2)    Before any regulations required under this section are adopted, the
11 Department shall hold at least one public hearing in the affected immediate geographic
12 areas of the State and shall consult with the affected counties and municipalities.
13(D) IN CARRYING OUT ITS DUTIES UNDER THIS SECTION, THE DEPARTMENT
14 SHALL PRIORITIZE STORMWATER MANAGEMENT PRACTICES THAT:
15(1) CAPTURE STORMWATER RUNOFF AT OR NEAR THE SOURCE IN
16 ORDER TO PROMOTE INFILTRATION AND TO DELAY THE RELEASE OF RUNOFF TO
17 STREAM CHANNELS; AND
18(2)
  MINIMIZE DISTURBANCE TO EXISTING STREAMS, FLOODPLAINS,
19 AND RIPARIAN AND UPLAND FORESTS.
20(E)    (1)    EXCEPT AS AUTHORIZED UNDER TITLE 18 OF THIS ARTICLE, THE
21 DEPARTMENT MAY NOT APPROVE THE USE OF A STREAM RESTORATION PROJECT
22 THAT INVOLVES IN–STREAM CONSTRUCTION USING HEAVY EQUIPMENT TO
23 MECHANICALLY ALTER THE DIMENSIONS, PATTERN, OR PROFILE OF A STREAM,
24 INCLUDING ACTIVITIES THAT RELOCATE CHANNEL ALIGNMENT, REGRADE STREAM
25 BANKS, OR CHANGE STREAMBED ELEVATION THROUGH EXCAVATION OR FILLING,
26 FOR COMPLIANCE WITH:
27(I)    A MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT;
28(II)   A TOTAL MAXIMUM DAILY LOAD REQUIREMENT; OR
29(III) A COMPENSATORY MITIGATION REQUIREMENT.
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1(2)   COMPLETION
  OF    THE   CONSTRUCTION    OF   A   STREAM
2 RESTORATION PROJECT MAY NOT BY ITSELF BE USED AS THE BASIS FOR AWARDING
3 ANY POLLUTION REDUCTION OR MITIGATION CREDIT.
4[(d)] (F)    The Department may not delay the implementation of any new
5 requirements or standards established under regulations adopted under this section.
6[(e)] (G)    The Department shall provide technical assistance, training, research,
7 and coordination in stormwater management technology to the local governments
8 consistent with the purposes of this subtitle.
9 4–204.
10(a)    (1)   IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
11 INDICATED.
12(2) (I)   “INFEASIBLE” MEANS TECHNICALLY IMPRACTICABLE DUE
13 TO PHYSICAL, ENGINEERING, OR SITE–SPECIFIC CONSTRAINTS.
14(II)
  “INFEASIBLE” DOES NOT INCLUDE CONSIDERATION OF
15 COSTS, PROPERTY OWNERSHIP, OR ADMINISTRATIVE CONVENIENCE.
16(3)   (I)
  “NON–STREAM–DISTURBING STORMWATER MANAGEMENT
17 PRACTICE” MEANS AN UPLAND OR OUT–OF–STREAM PRACTICE THAT CAPTURES AND
18 MANAGES STORMWATER RUNOFF AT OR NEAR THE SOURCE.
19(II)
  “NON–STREAM–DISTURBING STORMWATER MANAGEMENT
20 PRACTICE” INCLUDES THE USE OF BIORETENTION, PERMEABLE PAVEMENT, TREE
21 PLANTINGS, BIOSWALES, GREEN ROOFS, OR STORMWATER INFRASTRUCTURE
22 REPAIR.
23(B)    (1)    After July 1, 1984, unless exempted, a person may not develop any land
24 for residential, commercial, industrial, or institutional use without [submitting]:
25(I)    SUBMITTING a stormwater management plan to the county or
26 municipality that has jurisdiction[,]; and [obtaining]
27(II)   OBTAINING approval of the plan from the county or
28 municipality.
29(2)A grading or building permit may not be issued for a property unless a
30 stormwater management plan has been approved that is consistent with this subtitle.
31[(b)] (C)   The developer shall certify that all land clearing, construction,
32 development, and drainage will be done according to the plan.
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1(D)A STORMWATER MANAGEMENT PLAN SUBMITTED UNDER THIS SECTION
2 THAT INCLUDES A PROJECT INVOLVING IN–STREAM CONSTRUCTION OR THE
3 MECHANICAL ALTERATION OF THE DIMENSIONS, PATTERN, OR PROFILE OF A
4 STREAM SHALL INCLUDE AN ALTERNATIVES ANALYSIS THAT:
5(1)   ESTABLISHES THE SPECIFIC OBJECTIVES OF THE PROPOSED
6 PROJECT;
7(2) IDENTIFIES       A      REASONABLE  RANGE       OF
8 NON–STREAM–DISTURBING STORMWATER MANAGEMENT PRACTICES CAPABLE OF
9 ACHIEVING THE PROJECT OBJECTIVES; AND
10(3) EVALUATES THE BENEFITS AND ADVERSE IMPACT OF EACH
11 IDENTIFIED ALTERNATIVE STORMWATER MANAGEMENT PRACTICE.
12[(c)] (E)    Each county or municipality may provide by ordinance for the review
13 and approval of stormwater management plans by the local soil conservation district.
14(F)    A COUNTY, MUNICIPALITY, OR SOIL CONSERVATION DISTRICT MAY NOT
15 APPROVE A STORMWATER MANAGEMENT PLAN THAT RELIES PRIMARILY ON A
16 PROJECT INVOLVING IN–STREAM CONSTRUCTION OR THE MECHANICAL
17 ALTERATION OF THE DIMENSIONS, PATTERN, OR PROFILE OF A STREAM UNLESS THE
18 PLAN DEMONSTRATES THAT:
19(1) NON–STREAM–DISTURBING     STORMWATER    MANAGEMENT
20 PRACTICES WERE EVALUATED IN ACCORDANCE WITH SUBSECTION (D) OF THIS
21 SECTION AND FOUND TO BE INFEASIBLE; AND
22(2)   THE
  PROPOSED PROJECT IS NECESSARY TO ADDRESS
23 DOCUMENTED PUBLIC SAFETY OR INFRASTRUCTURE CHALLENGES THAT CANNOT
24 REASONABLY BE ADDRESSED THROUGH NON–STREAM–DISTURBING PRACTICES.
25[(d)] (G)     (1)  Each governing body of a county or municipality may adopt a
26 system of charges to fund the implementation of stormwater management programs,
27 including the following:
28(i)     Reviewing stormwater management plans;
29(ii)    Inspection and enforcement activities;
30(iii)   Watershed planning;
31(iv) Planning, design, land  acquisition,   and   construction   of
32 stormwater management systems and structures;
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1(v)     Retrofitting developed areas for pollution control;
2(vi)    Water quality monitoring and water quality programs;
3(vii)   Operation and maintenance of facilities; and
4(viii) Program development of these activities.
5(2)   The charges shall take effect upon enactment by the local governing
6 body.
7(3)    The charges may be collected in the same manner as county and
8 municipal property taxes, have the same priority, and bear the same interest and penalties.
9(4)    The charges shall be assessed in a manner consistent with §
10 4–202.1(e)(3) and (f) of this subtitle.
11[(e)] (H)
  (1)   This subsection applies to a system of charges established by
12 Montgomery County under subsection [(d)] (G) of this section.
13(2)   Except as provided in paragraph (5) of this subsection, the county may
14 not impose the charge established under this section on a veterans’ organization that is
15 exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code, a regularly
16 organized volunteer fire department that is used for public purposes, or on roads, not
17 including parking areas, that are owned by a homeowners association that is exempt from
18 taxation under § 501(c)(4) of the Internal Revenue Code if the roads qualify for a State or
19 county roadway maintenance reimbursement fund.
20(3)  Property owned by the State or a unit of State government in the county
21 may be charged under the system of charges adopted by the county under this section if:
22(i)   The State or a unit of State government and the county agree to
23 the collection of the charge from the State or a unit of State government that is based on
24 the share of stormwater management services related to property of the State or a unit of
25 State government located within the county;
26(ii)   The county agrees to appropriate into its own local watershed
27 protection and restoration fund, on an annual basis, an amount of money that is based on
28 the share of stormwater management services related to county property on an annual
29 basis; and
30(iii) The county demonstrates to the satisfaction of the State or a unit
31 of State government that the charge collected under item (i) of this paragraph and the
32 money appropriated under item (ii) of this paragraph were deposited into the county’s local
33 watershed protection and restoration fund.
  HOUSE BILL 1465  9
1(4)   (i)   The county may establish a program to exempt from the system
2 of charges adopted under this section a property whose owner is able to demonstrate
3 substantial financial hardship.
4(ii)  The county may establish a separate hardship exemption
5 program or include a hardship exemption as part of a system of offsets to account for
6 on–site and off–site systems, facilities, services, or activities that reduce the quantity or
7 improve the quality of storm water discharged from the property.
8(5)    The county may impose the charge established under this section on
9 property owned by a veterans’ organization that is exempt from taxation under § 501(c)(4)
10 or (19) of the Internal Revenue Code or a regularly organized volunteer fire department if:
11(i)   The county determines that the creation of a nondiscriminatory
12 program for applying the charge to federal properties under the federal facilities pollution
13 control section of the Clean Water Act is necessary in order for the county to receive federal
14 funding for stormwater remediation; and
15(ii)   A veterans’ organization that is exempt from taxation under §
16 501(c)(4) or (19) of the Internal Revenue Code and a regularly organized volunteer fire
17 department that is used for public purposes are provided with the opportunity to apply for
18 an alternate compliance plan established under § 4–202.1(k)(3) of this subtitle instead of
19 paying a charge imposed by the county under item (i) of this paragraph.
20 18–102.
21(a)   The Department may authorize a stream and floodplain restoration project in
22 accordance with this section.
23(b)    Prior to the authorization of any stream and floodplain restoration project in
24 the State, the Department shall:
25(1)     Assess documentation submitted by the project applicant for
26 degradation criteria related to:
27(i)    An existing biological function–based parameter; and
28(ii)  A physical parameter, including an existing geomorphologic or
29 hydraulic function–based parameter;
30(2)   Assess whether the project applicant incorporated the following
31 cobenefits, as appropriate, into the application:
32(i)    The creation or restoration of wildlife habitat, riparian buffers,
33 and wetland restoration;
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1(ii)   The restoration of aquatic resources, such as freshwater mussels,
2 fish passage, or oyster reefs;
3(iii)   Carbon sequestration;
4(iv)    Climate change mitigation, adaptation, or resilience;
5(v)     Improving and protecting public health; and
6(vi)    Recreational opportunities and public access to waterways and
7 natural habitats;
8(3)Assess documentation  of    community     notifications  AND
9 PRESENTATIONS conducted by the project applicant prior to the submission of the
10 application FOR COMPLETION AND CONSISTENCY WITH THE TECHNICAL MATERIALS
11 SUBMITTED TO THE DEPARTMENT;
12(4)  Assess whether the applicant incorporated, to the extent practicable,
13 recognized best management practices to:
14(i)     Maximize ecological uplift;
15(ii)    Minimize:
161.    Impacts to wildlife habitats;
172.    Tree loss and removal;
183.    Earth disturbance; and
194.    Disturbance to native vegetation;
20(iii)   Avoid impacts to:
211.    Large noninvasive native plant communities; and
222.    Specimen trees;
23(iv)    Use existing areas suitable for material staging areas to avoid
24 forest removal;
25(v)     Limit construction access road widths;
26(vi)    Limit the impacts of ingress and egress points to minimize forest
27 impacts; and
  HOUSE BILL 1465  11
1(vii)   Where appropriate, prioritize the removal of nonnative and
2 invasive:
31.   Trees; and
42.   Vegetation; [and]
5(5)   Establish a plan to provide for at least 5 years of monitoring in
6 accordance with subsection (d) of this section;
7(6)   ASSESS WHETHER THE PROPOSED PROJECT IS NECESSARY TO
8 ADDRESS DOCUMENTED STREAM DEGRADATION THAT CANNOT REASONABLY BE
9 ADDRESSED THROUGH NON–STREAM–DISTURBING STORMWATER OR WATERSHED
10 MANAGEMENT PRACTICES; AND
11(7) PRIORITIZE THE PRESERVATION AND NONDESTRUCTIVE
12 MANAGEMENT OF STREAMS AND FLOODPLAINS THAT RETAIN INTACT ECOLOGICAL
13 FUNCTION, INCLUDING MATURE RIPARIAN AND UPLAND FORESTS.
14(c)    The Department’s assessment review required under subsection (b)(3) of this
15 section shall include:
16(1)   Whether the project applicant provided notice as required in § 18–101
17 of this title;
18(2)    Whether the project applicant conducted a public meeting as required
19 in § 18–101(d) of this title;
20(3)   Whether the project applicant placed appropriate project signage;
21(4)   Whether the project applicant considered the project’s compatibility
22 with local land use, especially in urban, suburban, and other high–visibility areas;
23(5)    Whether and how the project applicant considered and responded to
24 relevant public input, including any resulting modifications to the project; [and]
25(6)    How the project applicant considered public input in the final
26 application design;
27(7)   WHETHER
  PROJECT  COMMUNITY NOTIFICATIONS AND
28 PRESENTATIONS WERE COMPLETE AND CONSISTENT WITH THE TECHNICAL
29 MATERIALS SUBMITTED TO THE DEPARTMENT; AND
30(8)   ANY OTHER FACTORS THE DEPARTMENT CONSIDERS RELEVANT.
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1(d)    (1)   On completion of a stream and floodplain restoration project, the
2 Department shall provide for at least 5 years of monitoring per the design and permit
3 associated with the design for each authorized project.
4(2)    The monitoring required under this subsection shall include an
5 assessment of stream stability, stream and floodplain function, and vegetation viability
6 within the affected project area.
7(E) (1) IN THIS SUBSECTION, “INFEASIBLE” HAS THE MEANING STATED
8 IN § 4–204 OF THIS ARTICLE.
9(2)    THE
  AUTHORIZATION    OF  A   STREAM    OR   FLOODPLAIN
10 RESTORATION PROJECT UNDER THIS SECTION DOES NOT, BY ITSELF, QUALIFY THE
11 PROJECT FOR USE AS:
12(I)
  COMPENSATORY      MITIGATION    FOR   CONSTRUCTION
13 IMPACTS ON WETLANDS, STREAMS, FORESTS, OR OTHER NATURAL RESOURCES; OR
14(II)
  COMPLIANCE WITH A MUNICIPAL SEPARATE STORMWATER
15 PERMIT OR TOTAL MAXIMUM DAILY LOAD REQUIREMENT.
16(3)
  THE DEPARTMENT MAY APPROVE A STREAM OR FLOODPLAIN
17 RESTORATION PROJECT FOR A USE DESCRIBED UNDER PARAGRAPH (2) OF THIS
18 SUBSECTION ONLY IF THE DEPARTMENT DETERMINES THAT:
19(I)
  NON–STREAM–DISTURBING  ALTERNATIVES  WERE
20 EVALUATED AND FOUND TO BE INFEASIBLE; AND
21(II)   SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, THE
22 PROJECT PRODUCES MEASURABLE FUNCTIONAL  LIFT   AS   DEMONSTRATED
23 THROUGH POSTCONSTRUCTION MONITORING.
24(4)    (I)
  FOR PURPOSES OF PARAGRAPH (3) OF THIS SUBSECTION,
25 MEASURABLE FUNCTIONAL LIFT:
261.   SHALL
  BE     DEMONSTRATED       THROUGH
27 IMPROVEMENTS TO BIOLOGICAL HABITAT OR ECOLOGICAL FUNCTION; AND
282.  MAY NOT BE BASED SOLELY ON MODELED POLLUTION
29 LOAD REDUCTIONS,  HYDRAULIC PERFORMANCE, OR PHYSICAL CHANNEL
30 STABILITY.
31(II)
  WHERE BIOLOGICAL CONDITION IS A RELEVANT STREAM
32 ASSESSMENT CONSIDERATION, A DEMONSTRATION OF MEASURABLE FUNCTIONAL
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1 LIFT SHALL INCLUDE DOCUMENTED IMPROVEMENTS TO BIOLOGICAL COMMUNITY
2 CONDITIONS AS ASSESSED USING SCIENTIFICALLY ACCEPTED BIOLOGICAL INDICES
3 OR EQUIVALENT INDICATORS.
4SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
5 October 1, 2026.