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MD HB247

Bill

Status

Introduced

1/14/2026

Primary Sponsor

Environment and Transportation

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Origin

House of Delegates

2026 Regular Session

AI Summary

  • Establishes a rebuttable presumption that existing accessory structures or uses on a parcel demonstrate "reasonable and significant use," making it harder to obtain variances for new accessory structures in the Critical Area.

  • Prohibits local jurisdictions from accepting variance applications that would authorize uses not allowed by the land classification, adjust required mitigation amounts, or provide relief available through existing administrative processes.

  • Adds two new variance approval requirements: applicants must demonstrate substantial need not based on convenience, personal preference, or financial advantage, and must show development cannot be located outside a habitat protection area.

  • Restricts property comparisons for variance claims to other Critical Area properties that were developed after the local program's adoption, were legally conforming at development, and are similarly situated.

  • Requires local boards of appeals to hear Critical Area variance appeals on the record and grant deference to administrative officers' findings of fact; effective October 1, 2026.

Legislative Description

Chesapeake and Atlantic Coastal Bays Critical Area Protection Program - Variances - Alterations

Appeals

Last Action

Favorable with Amendments Report by Environment and Transportation

3/16/2026

Committee Referrals

Environment and Transportation1/14/2026

Full Bill Text

No bill text available