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MD HB247
Bill
Status
1/14/2026
Primary Sponsor
Environment and Transportation
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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