Environment - On-Site Sewage Disposal Systems - Climate Vulnerable Areas
Summary
HB671 would expand Maryland’s on-site sewage disposal system rules to address climate-related flooding and sea level rise. The bill requires county water and sewerage plans to include, by January 1, 2026, a strategy to reduce inundation risks to existing septic systems and to limit new septic installations in designated climate vulnerable areas. It defines those areas as Coast Smart Climate Ready Action Boundaries and Riverine Climate Ready Action Boundaries.
The bill also creates new statewide restrictions beginning July 1, 2026: in climate vulnerable areas, a new septic system for a newly constructed building may not be installed unless it uses nitrogen removal technology, is approved with climate resiliency considerations, and the owner pays an alternative compliance fee equal to the cost of connecting to a municipal wastewater facility. Replacement of an existing septic system in those areas would also be limited to systems using nitrogen removal technology and approved with climate resiliency considerations. The Department of the Environment would be required to adopt regulations, including site evaluation and design requirements that reduce climate impacts and prohibit deep trench systems in those areas.
Impact
HB671 would amend provisions in the Environment Article governing county water and sewerage plans, septic system installation and replacement, and the Bay Restoration Fund. It adds a new planning requirement for counties, creates a new definition of “climate vulnerable area,” and extends existing nitrogen-removal and replacement restrictions beyond the Chesapeake and Atlantic Coastal Bays Critical Area to these climate-risk zones. It also directs the Department of the Environment to establish regulations and enforcement mechanisms, and it expands Bay Restoration Fund uses to include fee revenue from the new alternative compliance fee and financial assistance for low-income homeowners facing drain field installation or replacement costs in climate vulnerable areas.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the bill appears to be framed as a climate adaptation and water-quality measure rather than a partisan or procedural controversy. Its structure suggests support for limiting septic development in flood-prone areas while also providing financial assistance to affected homeowners, especially low-income households. The inclusion of Bay Restoration Fund support and county planning requirements indicates an effort to balance environmental protection with implementation assistance.
Contention
The main points of potential contention are likely to be the new limits on septic installations and replacements in climate vulnerable areas, the requirement that new systems use nitrogen removal technology, and the alternative compliance fee tied to the cost of municipal sewer connection. Property owners, developers, and counties in affected areas may view these requirements as costly or restrictive, especially where sewer service is unavailable. On the other hand, environmental and water-quality advocates are likely to support the bill’s flood-risk reduction, nutrient-reduction, and climate resilience provisions, while low-income homeowner assistance appears designed to address affordability concerns.