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WES MOORE, Governor Ch. 321
Chapter 321
(House Bill 613)
AN ACT concerning
Calvert and St. Mary’s Counties – Department of the Environment – Waivers for
Living Shorelines and Nonstructural Shoreline Stabilization Measures –
Regulations and Scoring System
FOR the purpose of establishing requirements for the use of authorizing a person to use
living shorelines and nonstructural stabilization measures in Calvert County and St.
Mary’s County; exempting property located in Calvert County and St. Mary’s County
from certain general requirements regarding the use of nonstructural shoreline
stabilization measures as a certain erosion control measure; requiring that certain
regulations adopted by the Department of the Environment require the Department
to take certain action during the evaluation of a certain waiver request under certain
circumstances; requiring the Department to develop a certain scoring system in
consultation with a certain licensed marine contractor; and generally relating to
shoreline erosion and stabilization.
BY repealing and reenacting, with amendments,
Article – Environment
Section 16–201
Annotated Code of Maryland
(2014 Replacement Volume and 2025 Supplement)
BY repealing
Article – Natural Resources
Section 8–1808.11
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Natural Resources
Section 8–1808.11
Annotated Code of Maryland
(2023 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
16–201.
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Ch. 321 2026 LAWS OF MARYLAND
(a) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “LIVING SHORELINE” MEANS A PROJECT TO MITIGATE THE
EFFECTS OF EROSION CAUSED BY SHORELINE FLOODING OR INUNDATION,
CURRENTS, AND WAVE ENERGY THROUGH PROJECT DESIGN THAT:
1. STABILIZES A SHORELINE BY USING NATURAL
MATERIALS TO CREATE BUFFERS TO ABSORB THE IMPACT OF COASTAL STORMS,
FLOODING, AND WAVE ENERGY AND TO PREVENT OR MINIMIZE SHORELINE
EROSION;
2. INCORPORATES AS MANY NATURAL ELEMENTS AS
POSSIBLE TO ENSURE A SUBSTANTIAL BIOLOGICAL COMPONENT, SUCH AS NATIVE,
OR TIDAL, OR LACUSTRINE FRINGE WETLANDS, OYSTER REEFS, SUBMERGED
AQUATIC VEGETATION, OR NATIVE PLANTS;
ECOLOGICAL AND 3. UTILIZES TECHNIQUES THAT INCORPORATE
STABILIZATION; AND COASTAL ENGINEERING PRINCIPLES IN SHORELINE
4. TO THE EXTENT POSSIBLE, MAINTAINS OR RESTORES
EXISTING NATURAL SLOPES AND CONNECTIONS BETWEEN UPLANDS AND ADJACENT
WETLANDS OR SURFACE WATERS.
(II) “LIVING SHORELINE” INCLUDES THE USE OF:
1. NATURAL ELEMENTS SUCH AS SAND, WETLAND
PLANTS, WOODY DEBRIS, OYSTERS OR OTHER SHELLFISH, SUBMERGED AQUATIC
VEGETATION, NATIVE GRASSES, SHRUBS, TREES, OR OTHER BIODEGRADABLE
MATERIALS AS APPROVED BY THE DEPARTMENT; AND
2. LOW PROFILE WHERE APPROPRIATE, STRUCTURAL
ELEMENTS CHANNELWARD OF THE MEAN HIGH WATER LINE, SUCH AS STONE,
CONCRETE, OYSTER DOMES, OR OTHER APPROVED ENGINEERED STRUCTURES.
(III) “LIVING SHORELINE” MAY INCLUDE NONSTRUCTURAL
STABILIZATION MEASURES.
(3) (I) “NONSTRUCTURAL NONSTRUCTURAL SHORELINE
STABILIZATION MEASURE” MEANS AN EROSION CONTROL MEASURE THAT IS:
(I) 1. DOMINATED BY TIDAL WETLAND VEGETATION; AND
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WES MOORE, Governor Ch. 321
(II) 2. DESIGNED TO PRESERVE THE NATURAL SHORELINE,
MINIMIZE EROSION, AND ESTABLISH AQUATIC HABITAT.
(2) (II) “NONSTRUCTURAL SHORELINE STABILIZATION MEASURE”
INCLUDES MARSH OR OTHER TIDAL WETLAND CONSTRUCTION.
(B) (1) A person who is the owner of land bounding on navigable water is
entitled to any natural accretion to the person’s land, to reclaim fast land lost by erosion or
avulsion during the person’s ownership of the land to the extent of provable existing
boundaries.
(2) The person may make improvements into the water in front of the land
to preserve that person’s access to the navigable water or, subject to [subsection (c) (D)]
SUBSECTIONS (D) AND (E) OF THIS SECTION, protect the shore of that person against
erosion.
(3) After an improvement has been constructed, the improvement is the
property of the owner of the land to which the improvement is attached.
(4) A right covered in this subtitle does not preclude the owner from
developing any other use approved by the Board.
(5) The right to reclaim lost fast land relates only to fast land lost after
January 1, 1972, and the burden of proof that the loss occurred after this date is on the
owner of the land.
[(b)] (C) The rights of any person, as defined in this subtitle, which existed prior
to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be
in existence subsequent to July 1, 1973 to July 1, 1978.
[(c)] (D) (1) THIS SUBSECTION DOES NOT APPLY TO PROPERTY
LOCATED IN:
(I) CALVERT COUNTY; OR
(II) ST. MARY’S COUNTY APPLIES ONLY TO A SHORELINE
STABILIZATION PROJECT FOR WHICH ANY PORTION OF THE PROJECT IS IN AN AREA
THAT IS NOT DESIGNATED AS APPROPRIATE FOR STRUCTURAL SHORELINE
STABILIZATION MEASURES BY DEPARTMENT MAPPING.
[(1)] (2) Improvements to protect a person’s property against erosion
shall consist of A LIVING SHORELINE OR nonstructural shoreline stabilization measures
that preserve the natural environment, such as marsh creation, except:
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Ch. 321 2026 LAWS OF MARYLAND
(i) In areas designated by Department mapping as appropriate for
structural shoreline stabilization measures; and
(ii) In IN areas where the person can demonstrate to the
Department’s satisfaction that such measures are not feasible, including areas of excessive
erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural
shoreline stabilization measures.
[(2)] (3) (i) Subject to subparagraph (ii) of this paragraph, in
consultation with the Department of Natural Resources, the Department shall adopt
regulations to implement the provisions of this subsection.
(ii) Regulations adopted by the Department under subparagraph (i)
of this paragraph shall:
1. include INCLUDE a waiver process that exempts a person
from the requirements of paragraph [(1)] (2) of this subsection on a demonstration to the
Department’s satisfaction that A LIVING SHORELINE OR nonstructural shoreline
stabilization measures are not feasible for the person’s property; AND
2. REQUIRE THE DEPARTMENT, AS PART OF ITS
EVALUATION OF WAIVER REQUESTS, TO:
A. ON REQUEST OF THE PROPERTY OWNER AND UNLESS
ANOTHER AMOUNT OF TIME IS AGREED TO WITH THE PROPERTY OWNER, VISIT THE
SITE OF THE PROPOSED PROJECT WITHIN 45 DAYS AFTER THE DATE OF THE WAIVER
REQUEST; AND
B. PROVIDE THE LOCAL SOIL CONSERVATION DISTRICT
WITH WRITTEN NOTICE OF THE WAIVER REQUEST AND PROVIDE THE DISTRICT THE
OPPORTUNITY TO MAKE RECOMMENDATIONS WITHIN 15 DAYS AFTER RECEIPT OF
THE WRITTEN NOTICE ON THE ACCEPTANCE OF OR MODIFICATIONS TO THE WAIVER
REQUEST.
(E) (1) THE DEPARTMENT, IN CONSULTATION WITH A LICENSED MARINE
CONTRACTOR, SHALL DEVELOP A SCORING SYSTEM TO EVALUATE WAIVER
REQUESTS UNDER THIS SECTION.
(2) THE SCORING SYSTEM DEVELOPED UNDER PARAGRAPH (1) OF
THIS SUBSECTION SHALL INCLUDE:
(I) THE FACTORS THE DEPARTMENT WILL CONSIDER IN
EVALUATING A REQUEST;
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WES MOORE, Governor Ch. 321
(II) THE RELATIVE WEIGHT OF EACH FACTOR; AND
(III) THE MINIMUM SCORE THAT A PROJECT MUST RECEIVE TO
DEMONSTRATE TO THE DEPARTMENT’S SATISFACTION THAT A LIVING SHORELINE
OR NONSTRUCTURAL SHORELINE STABILIZATION MEASURE IS NOT FEASIBLE FOR
THE PERSON’S PROPERTY.
(3) THE DEPARTMENT SHALL PUBLISH THE SCORING SYSTEM
DEVELOPED UNDER THIS SUBSECTION ON THE DEPARTMENT’S WEBSITE.
(4) NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO LIMIT THE
DISCRETION OF THE DEPARTMENT TO GRANT A WAIVER TO A PROJECT THAT DOES
NOT RECEIVE A MINIMUM SCORE.
(E) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(II) “HIGH–ENERGY ENVIRONMENT” MEANS AN AREA
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA:
1. A FETCH OF GREATER THAN 2 MILES;
2. A STEEP NEARSHORE SLOPE EXCEEDING 5%, WHERE
WATER DEEPENS QUICKLY ALLOWING LARGE WAVES TO REACH THE SHORELINE
WITHOUT MUCH DISSIPATION; AND
3. GREATER THAN 2 FEET OF EROSION PER YEAR.
(III) 1. “LIVING SHORELINE” MEANS A PROJECT TO
MITIGATE THE EFFECTS OF EROSION CAUSED BY SHORELINE FLOODING OR
INUNDATION, CURRENTS, AND WAVE ENERGY THROUGH PROJECT DESIGN THAT:
A. STABILIZES A SHORELINE BY USING NATURAL
MATERIALS TO CREATE BUFFERS TO ABSORB THE IMPACT OF COASTAL STORMS,
FLOODING, AND WAVE ENERGY AND TO PREVENT OR MINIMIZE SHORELINE
EROSION;
B. INCORPORATES AS MANY NATURAL ELEMENTS AS
POSSIBLE, SUCH AS NATIVE WETLANDS, OYSTER REEFS, SUBMERGED AQUATIC
VEGETATION, NATIVE GRASSES, SHRUBS, OR TREES;
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Ch. 321 2026 LAWS OF MARYLAND
ECOLOGICAL AND C. UTILIZES TECHNIQUES THAT INCORPORATE
STABILIZATION; AND COASTAL ENGINEERING PRINCIPLES IN SHORELINE
D. TO THE EXTENT POSSIBLE, MAINTAINS OR RESTORES
EXISTING NATURAL SLOPES AND CONNECTIONS BETWEEN UPLANDS AND ADJACENT
WETLANDS OR SURFACE WATERS.
2. “LIVING SHORELINE” INCLUDES THE USE OF:
A. NATURAL ELEMENTS SUCH AS SAND, WETLAND
PLANTS, LOGS, OYSTERS OR OTHER SHELLFISH, SUBMERGED AQUATIC
VEGETATION, NATIVE GRASSES, SHRUBS, TREES, OR COIR FIBER LOGS; AND
B. STRUCTURAL MATERIALS, SUCH AS STONE,
CONCRETE, OYSTER DOMES, OR OTHER APPROVED ENGINEERED STRUCTURES.
(IV) “MEDIUM–ENERGY ENVIRONMENT” MEANS AN AREA
CHARACTERIZED BY AT LEAST TWO OF THE FOLLOWING CRITERIA:
1. A FETCH OF 0.5 MILES TO 2 MILES;
2. A MODERATE NEARSHORE SLOPE OF 2% TO 5% WITH
ENOUGH DEPTH FOR SMALL TO MODERATE WAVES TO PERSIST; AND
3. FROM 0.5 FEET TO 2 FEET OF EROSION PER YEAR.
(2) THIS SUBSECTION APPLIES ONLY TO PROPERTY LOCATED IN:
(I) CALVERT COUNTY; OR
(II) ST. MARY’S COUNTY.
(3) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION,
IMPROVEMENTS TO PROTECT A PERSON’S PROPERTY AGAINST EROSION SHALL
CONSIST OF A LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION
MEASURES, EXCEPT IN AREAS WHERE THE PERSON CAN DEMONSTRATE TO THE
LOCAL SOIL CONSERVATION DISTRICT’S SATISFACTION THAT THE PROJECTS AND
MEASURES ARE NOT FEASIBLE, INCLUDING AREAS OF EXCESSIVE EROSION, AREAS
SUBJECT TO HEAVY TIDES, AND AREAS TOO NARROW FOR EFFECTIVE USE OF A
LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION MEASURES.
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WES MOORE, Governor Ch. 321
(4) A SOIL CONSERVATION DISTRICT MAY WAIVE OR REDUCE
MITIGATION REQUIREMENTS FOR LIVING SHORELINES OR NONSTRUCTURAL
SHORELINE STABILIZATION MEASURES IN MEDIUM– AND HIGH–ENERGY
ENVIRONMENTS IF, TO THE SOIL CONSERVATION DISTRICT’S SATISFACTION, THE
LAND–WATER INTERFACE IS MAINTAINED.
(5) ONLY A SOIL CONSERVATION DISTRICT MAY IMPOSE
RESTRICTIONS ON THE TIME OF YEAR WHEN A LIVING SHORELINE OR
NONSTRUCTURAL SHORELINE STABILIZATION MEASURE MAY BE CONSTRUCTED IN
CALVERT COUNTY OR ST. MARY’S COUNTY.
(6) (I) THE CALVERT SOIL CONSERVATION DISTRICT AND THE ST.
MARY’S SOIL CONSERVATION DISTRICT SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
(II) THE REGULATIONS SHALL:
1. INCLUDE A WAIVER PROCESS THAT EXEMPTS A
PERSON FROM THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION ON A
DEMONSTRATION TO THE SOIL CONSERVATION DISTRICT’S SATISFACTION THAT THE
USE OF A LIVING SHORELINE OR NONSTRUCTURAL SHORELINE STABILIZATION
MEASURES IS NOT FEASIBLE FOR THE PERSON’S PROPERTY; AND
2. REQUIRE A LIVING SHORELINE OR NONSTRUCTURAL
SHORELINE STABILIZATION MEASURE TO BE DESIGNED TO WITHSTAND AT LEAST A
10–YEAR STORM EVENT.
(7) (I) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE
STABILIZATION PROJECT FOR WHICH THE CALVERT SOIL CONSERVATION
DISTRICT HAS PROVIDED DESIGN SERVICES UNLESS THE ST. MARY’S SOIL
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERTIFIED THAT IT
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION.
(II) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SHORELINE
STABILIZATION PROJECT FOR WHICH THE ST. MARY’S SOIL CONSERVATION
DISTRICT HAS PROVIDED DESIGN SERVICES UNLESS THE CALVERT SOIL
CONSERVATION DISTRICT HAS REVIEWED THE PROJECT AND CERTIFIED THAT IT
COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION.
Article – Natural Resources
[8–1808.11.
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Ch. 321 2026 LAWS OF MARYLAND
(a) Other than in areas designated by the Department of the Environment
mapping as appropriate for structural shoreline stabilization measures, improvements to
protect a person’s property against erosion shall consist of nonstructural shoreline
stabilization measures that preserve the natural environment, such as marsh creation,
except in areas where the person can demonstrate to the satisfaction of the Department of
the Environment that these measures are not feasible, including areas of excessive erosion,
areas subject to heavy tides, and areas too narrow for effective use of nonstructural
shoreline stabilization measures.
(b) (1) In consultation with the Department, the Department of the
Environment shall adopt regulations to implement the provisions of this subsection.
(2) The regulations shall include a waiver process that exempts a person
from the requirements of subsection (a) of this section on a demonstration to the satisfaction
of the Department of the Environment that nonstructural shoreline stabilization measures
are not feasible for the person’s property.]
8–1808.11.
IMPROVEMENTS TO PROTECT A PERSON’S PROPERTY AGAINST EROSION
SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF § 16–201 OF THE
ENVIRONMENT ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) (1) The Department of the Environment shall work with stakeholders on
further alterations to the waiver process under § 16–201 of the Environment Article.
(2) In working with stakeholders as required under paragraph (1) of this
subsection, the Department shall:
(i) discuss how to:
1. address the specific challenges with constructing shoreline
stabilization projects in medium– and high–energy environments; and
2. provide greater transparency and certainty to the waiver
process; and
(ii) review existing time–of–year and mitigation requirements.
(b) On or before December 1, 2026, the Department shall report to the Senate
Committee on Education, Energy, and the Environment and the House Environment and
Transportation Committee, in accordance with § 2–1257 of the State Government Article,
on the progress of the stakeholder engagement required under subsection (a) of this section.
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WES MOORE, Governor Ch. 321
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2026.
Approved by the Governor, April 28, 2026.
–9–Every fact on this page links to its source, starting with the official bill record.