Environment - Flood Risk Review Process - Establishment
Summary
SB687 establishes a new flood risk review process within the Maryland Department of the Environment for development proposals in areas identified by statute or regulation as subject to tidal or nontidal flooding. The bill requires the Department to evaluate whether a proposed project could worsen downstream flooding, reduce stormwater conveyance, storage, or infiltration, or conflict with watershed-scale flood management strategies and stormwater quantity standards. It also directs the Department to use current climate-adjusted precipitation data and land-use/impervious surface trend information when making these determinations.
The bill further requires the Department to consult with affected local jurisdictions, the Department of Planning, and, when appropriate, the Department of Natural Resources or a watershed advisory group before issuing a final decision. Any final determination must be incorporated into the local stormwater management approval process and is binding on the local approving authority. The measure takes effect October 1, 2026.
Impact
SB687 would amend Maryland’s Environment Article by adding a new Section 5-803.1 and revising related flood and stormwater definitions and responsibilities. In practical terms, it expands the Department of the Environment’s authority over development in flood-prone areas by making flood-risk review part of plan and permit review, and by giving the Department power to condition, modify, or deny approvals based on flood impacts. It also strengthens the linkage between State flood-risk determinations and local stormwater approvals, limiting local discretion where the Department has made a final determination.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of support or opposition from hearings or floor action. Based on the bill text, the policy direction appears strongly preventive and resilience-focused, emphasizing climate-adjusted data, watershed planning, and coordination among State and local agencies. The measure is framed as a flood-mitigation and land-use management bill rather than a broad regulatory rollback or expansion.
Contention
The main likely points of contention are the bill’s effect on local control and development approvals, since the Department’s final determination would be binding on local approving authorities. Developers and local governments may view the new review process as adding uncertainty, delay, or stricter limits on projects in flood-prone areas, especially where the Department can deny or condition permits based on cumulative watershed impacts. Supporters are likely to include floodplain managers, environmental advocates, and communities affected by recurrent flooding, who may see the bill as necessary to prevent new development from worsening existing flood hazards.
Environmental Permits - Requirements for Public Participation and Impact and Burden Analyses (Cumulative Harms to Environmental Restoration for Improving Shared Health - CHERISH Our Communities Act)