Maryland has recently amended its Critical Area Protection Program, a significant initiative designed to conserve the Chesapeake Bay and its surrounding areas, preventing habitat loss and promoting responsible land use.[1] The amendments address urgent concerns, including climate resilience, environmental justice, and updated land use requirements within the Critical Area.[2] The growing threats of climate change, coupled with the need for equitable environmental policies, have made these revisions essential for long-term environmental protection.[3]

In the 1980s, scientific research and an EPA report revealed alarming degradation of the Chesapeake Bay, with land use identified as a major contributing factor.[4] In response, the Critical Area Commission (“CAC”) was established to improve the Bay’s surrounding environment.[5] The CAC consists of 29 members, appointed by the Governor, from Maryland counties bordering the Chesapeake and other waterways.[6] Its responsibilities include adopting regulations for the Critical Area, such as managing buffer zones, stabilizing shorelines, overseeing development, and facilitating the transfer of development rights.[7] The Critical Area, a map designation encompassing approximately 11% of Maryland’s land mass, holds immense economic, aesthetic, and ecological significance to both the state and the nation.[8] CAC works with state and local governments to enforce standards protecting water quality and marine habitats, impacting both residential and commercial land use decisions.[9]

In the years since CAC was created, two significant challenges have emerged. First, climate change, driven by human activity, has increasingly affected Maryland’s coastal areas.[10] It is now well understood that climate change is a critical threat to the survival of our state, making climate resilience essential for our future.[11] Second, the growing recognition of environmental justice has emphasized that resilience efforts imposed by the state and local governments must be fair and benefit all communities.[12]

To address the challenges of climate change, the CAC has implemented new regulations aimed at protecting and restoring nature-based features[13] to help the Critical Area adapt to rising sea levels, wetland migration, flooding, and extreme weather events. The CAC now has the authority to regulate development rights, collect fee-in-lieu payments, and enforce resilience measures within the Critical Area.[14] In addition, the CAC is tasked with recommending both short and long-term strategies for mitigating and adapting to climate change, with a major priority being the promotion of environmental justice and equity.[15] This ensures that the benefits of development and restoration are shared equitably across all communities, and local jurisdictions are required to incorporate environmental justice into land use plans to address both resilience and equity.[16]

New regulations establish standards for altering Critical Area designations and zoning maps.[17] CAC now has the authority to direct local jurisdictions to correct program deficiencies, such as density calculations for development in the Critical Area.[18] The review period for these designations has also been extended from six to ten years, allowing for a more thorough assessment of the area’s environmental needs.[19] It also provides increased flexibility in modifying Critical Area designations and approving zoning map amendments, creating a more adaptable system that evolves with changing demands.[20]

The updated Critical Area Program is a vital step toward prioritizing climate resilience and environmental justice in Maryland.[21] The changes to Maryland law create a more adaptable and responsive system. Addressing these issues now is essential to safeguarding the Chesapeake Bay and ensuring that all communities can benefit from the state’s environmental initiatives.

Cameron Luzarraga is a third-year law student at the University of Baltimore School of Law and an Associate Editor for Law Forum. He received his Bachelor of Arts in Government and Politics from the University of Maryland, College Park. Cameron has experience in public service, having interned with the U.S. Department of the Treasury, NASA Office of the Inspector General, and, during law school, the U.S. Securities and Exchange Commission. As President of the UB Environmental Law Society, he plans to pursue a career in environmental law after graduation.

LinkedIn: https://www.linkedin.com/in/cameron-luzarraga-2bb589205/

[1] Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Climate, Equity, and Administrative Provisions, ch. 424, 2024 Md. Laws; see H.D. 233, 2024 Gen. Assem., 446th Sess. (Md. 2024) (enacted) [hereinafter, “Critical Area Protection Program Expansion Bill”].

[2] See Dep’t Legis. Services Md. Gen. Assem., 90 Day Report: A Review of the 2024 Legislative Session, 446th Sess. (2024), https://dls.maryland.gov/pubs/prod/RecurRpt/24rs_90_Day_Report.pdf.

[3] Id.

[4] Critical Area Protection Program Expansion Bill, supra note 1.

[5] Id.

[6] Md. Code Ann., Nat. Res. § 8-1804(a)(1) (LexisNexis 2024).

[7] Nat. Res. § 8-1806(a) (LexisNexis 2024) (outlining the powers of CAC).

[8] Nat. Res. § 8-1801(a)(1) (LexisNexis 2024).

[9] Critical Area Protection Program Expansion Bill, supra note 1.

[10] Nat. Res. § 8-1801(a)(2) (LexisNexis 2024).

[11] SB 0306 Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Climate, Equity, and Administrative Provisions, Md. Cath. Conf. (Jan. 31, 2024), https://www.mdcatholic.org/sb-0306-chesapeake-and-atlantic-coastal-bays-critical-area-protection-program-climate-equity-and-administrative-provisions/.

[12] Id.

[13] Nat. Res. § 8-1802(21) (LexisNexis 2024) (including “soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.”).

[14] Nat. Res. § 8-1806 (LexisNexis 2024).

[15] Critical Area Protection Program Expansion Bill, supra note 1.

[16] Id.

[17] Id.

[18] Id.

[19] Nat. Res. § 8-1809(g)(1) (LexisNexis 2024).

[20] Critical Area Protection Program Expansion Bill, supra note 1.

[21] Md. Cath. Conf., supra note 11.