Environment - Stormwater Management for Agritourism
Summary
HB1071 requires the Maryland Department of the Environment to update stormwater management regulations and the state stormwater design manual to address agricultural land more specifically, especially where agritourism is involved. The bill directs the Department to adopt regulations and a model ordinance requiring local stormwater programs to enforce stormwater rules on agricultural land with the advice and consent of local soil conservation districts, while also allowing greater flexibility in how those rules are applied to agricultural uses.
The bill also requires the Department to define agriculture and accessory uses on agricultural land, including on-farm processing and office space, as distinct from commercial development, and to define “agritourism” in consultation with the Department of Agriculture. In addition, the Department must consider best management practices for agritourism stormwater management, such as standard plans for temporary parking areas and the use of pasture, meadow, and cropland to treat stormwater runoff. Separately, Montgomery County and the Montgomery Soil Conservation District must review the county’s current agritourism stormwater plan review process and report recommendations to the Governor and General Assembly by December 31, 2026.
Impact
The bill amends Environment Article § 4-203 and related provisions governing statewide stormwater management standards, adding explicit direction for how agricultural land and agritourism are to be treated in regulations, the stormwater design manual, and local enforcement. It also reinforces the role of local soil conservation districts in reviewing agricultural stormwater matters and authorizes local ordinances to provide for district review and approval of stormwater management plans. For Montgomery County, the bill creates a one-time review and reporting requirement focused on improving coordination and approval processes for agritourism-related stormwater plans.
Sentiment
The bill appears to have broad support and passed both chambers overwhelmingly, with a 120-6 House vote and a unanimous 43-0 Senate vote. The lack of committee transcript material suggests no recorded major controversy in the available context, and the final enactment indicates the measure was viewed as a targeted technical and policy adjustment rather than a contentious overhaul.
Contention
The main policy tension is between environmental enforcement and agricultural flexibility. Supporters of the bill appear to favor clearer stormwater standards for agritourism and better coordination between counties and soil conservation districts, while the bill’s structure also reflects concern from agricultural interests that farm-based activities, accessory uses, and agritourism should not be treated the same as commercial development. Any contention likely centered on how strictly stormwater rules should apply to farms offering agritourism and how much discretion local programs should retain.