Bill > HB247

This bill, concerning the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program, modifies the process for granting variances, which are exceptions to the program's rules. It clarifies that an "unwarranted hardship" means an applicant would be denied reasonable and significant use of their entire property without a variance. The bill introduces a rebuttable presumption that an existing accessory structure or use on a property demonstrates reasonable and significant use when a variance is sought for a new one. It also explicitly prohibits accepting variance applications that would authorize a use not allowed by the land classification, alter required mitigation amounts or types, or provide relief available through an existing administrative process. Furthermore, to grant a variance, the bill now requires applicants to demonstrate a substantial need not based on convenience or financial advantage, and prove that the development cannot be located outside a habitat protection area. The bill also specifies that comparisons for demonstrating deprivation of use must be made to other properties within the critical area that were developed legally and conformingly after the program's adoption, and that local boards of appeals must hear appeals of variance decisions on the record and defer to the administrative officer's findings of fact.

Transportation and Infrastructure

Environment and Transportation (House)

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0247?ys=2026RS