# Environment (GEN)

## Title 14. Gas and Oil

### Subtitle 5. Coastal Facilities Review Act

#### Section 14-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Coastal area" means all that land and water area lying within Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Harford, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, the Chesapeake Bay, and lying seaward to the State's territorial jurisdiction.

(c) "Construction" means any clearing, grading, excavation, building or other action that would affect the natural environment of the coastal area, or the commencement of any of these activities. This does not include any activity for the sole purpose of securing biological or geological data or other data for an economic or environmental analysis.

(d) "Department" means the Department of the Environment.

(e) "Facility" means:

  (1) Any pipeline carrying crude oil or natural gas ashore from offshore sources;

  (2) Any intermediate production terminal or refinery which is designed to process at least ten thousand barrels of crude oil per calendar day;

  (3) Any crude oil storage facility:

    (i) Whose total design capacity is at least 100,000 barrels;

    (ii) Which occupies at least fifty acres; or

    (iii) Whose average throughput is at least ten thousand barrels per calendar day;

  (4) Any facility for the processing, transmission, or storage of natural gas with a total design capacity for at least one billion cubic feet of gas for storage or two hundred million cubic feet for processing;

  (5) Any operations base which:

    (i) Includes port and harbor facilities;

    (ii) Occupies at least twenty-five acres; and

    (iii) Is designed, constructed and operated as an assembly area for the storage, handling, and transport of supplies whose next and final destination is any oil and/or gas exploration, development, or production-related operation conducted in the territorial sea, contiguous zone or high seas area; or

  (6) Any fabrication yard which is an assembly operation used for the construction or preparation of petroleum drilling rigs, jackets or platforms, or wellhead installations, whose final destination is installation or operation in the territorial sea, contiguous zone, or high seas area.

(f) "Government agencies" means the government of the United States, the State of Maryland, or any other state, their political subdivisions, units, or instrumentalities thereof, and interstate units.

(g) "Person" includes corporations, companies, associations, firms, partnerships, and joint stock companies, as well as individuals and government agencies.

(h) "Secretary" means the Secretary of the Environment.

#### Section 14-502

(a) Maryland's coastal area, which borders the Atlantic Ocean and the Chesapeake Bay, is rich in a variety of natural, commercial, recreational, industrial, and esthetic resources. These resources possess great immediate as well as potential value for the State and the nation as a whole. However, the coastal area and the fish, shellfish, and other living marine resources and wildlife contained therein are ecologically fragile. They constitute a unique, irreplaceable, natural, and esthetic resource of great economic value.

(b) Extraction of mineral resources and fossil fuels from the Baltimore Canyon Trough and elsewhere may create immediate, increasing, and competing demands upon the lands and waters of the State's coastal area. The interests of the State and the nation require a method of resolving these competing demands which will give a high priority to the natural systems of the coastal zone and promote the public health, safety and welfare.

(c) Certain facilities associated with extraction and refining of mineral and fossil fuel resources may adversely affect the State's interest if they are located in the coastal area without an adequate planning of their impact and without sufficient safeguards. The State, therefore, requires a system of assessing the economic, fiscal, social, cultural, and environmental impacts associated with the establishment of such facilities, as a lack of proper assessment may cause irreparable damage to the integrity of the coastal area if these facilities are established in the coastal area.

(d) Meeting the energy requirements of the State and nation and planning for the proper use or development of the coastal area is imperative. To that end the State is developing a coastal zone management plan, pursuant to the federal Coastal Zone Management Act of 1972, which will recommend permissible land and water uses within the coastal zone and which must provide for adequate consideration of the national interest in the siting of facilities necessary to meet requirements which are other than local in nature, and which must further provide for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. It is in the State's interest that all parties including all units of State government, county government, the federal government, business, industry, and the public at large participate in planning the uses for Maryland's coastal area. The completion of the plans will enable Maryland to properly use, develop, and protect the coastal area.

(e) Without adequate planning, the establishment of certain oil-related facilities in the coastal area may have an immediate impact on the environmental, economic, fiscal, social and cultural well-being of the people residing in the area where these facilities are established. Therefore, local concern should be reflected in making decisions as to location of these facilities and to that end, county governments should be actively involved in the planning for the coastal areas. If, however, the extent of oil-related facilities contemplated affects environmental, economic, social, and cultural factors beyond the borders of the particular subdivision involved, in addition to involving potential expenditure of State funds in excess of tax revenues derived from the facilities, then the State interest and the national interest become a factor in the consideration of where these oil-related facilities shall be located.

(f) The national public interest in assuring adequate facilities for the production of energy resources requires that the State and local governments promptly and expeditiously assess the impact of these facilities and determine, at the earliest practicable time, whether to grant necessary State and local authorizations.

(g) The foregoing subsections constitute the findings and intent of the General Assembly in enacting provisions for comprehensive State review prior to permitting the establishment of certain facilities within Maryland's coastal area, and to that end this subtitle may be cited as the "Coastal Facilities Review Act".

#### Section 14-503

(a) A person may not construct, or cause to be constructed, a facility in the coastal area unless he first obtains a permit pursuant to this subtitle. However, facilities for which on-site construction, excluding site preparation, has legally begun prior to July 1, 1975 are exempt from the provisions of this subtitle.

(b) The Secretary after receiving the advisory comments of the Secretaries of Natural Resources, Business and Economic Development, and Transportation and the Secretary of the Department of Planning may adopt rules and regulations to implement the provisions of this subtitle.

#### Section 14-504

(a) Any person proposing to construct a facility in the coastal area shall file an application with the Department in the form the Secretary prescribes. The application shall be accompanied by the information the Secretary requires and shall include the following information:

  (1) A project description specifying:

    (i) What is planned to be constructed, its purpose, use, location, cost, and size; and

    (ii) The methods of construction, construction schedule, and operation procedure.

  (2) A list of all licenses, permits or other approvals required by any government unit.

  (3) All information necessary or required for any application to the State or any of its units or departments, for any other permit, license or approval required for or in connection with the facility.

  (4) Detailed information as to the need for the facility and facts concerning alternate site locations as may be requested by the Secretary.

(b) The Department shall establish a reasonable fee schedule to reimburse the Department for the costs of filing and processing of an application required by this subtitle. The fee shall include at least the cost of the statement required by Sec. 14-506 of this subtitle, payable in advance of any required State expenditure.

(c) All units and departments of the State shall, to the fullest extent possible, cooperate with any person proposing to construct a facility in the coastal area by supplying the person with information and assistance as he may request.

#### Section 14-505

Notwithstanding any contrary provisions of this article, an application for a permit required by this subtitle shall be considered an application for all other permits or licenses required under this article for the facility and the action taken by the Secretary on the application shall be deemed to be action taken on all other permits and licenses, including wetlands licenses.

#### Section 14-506

(a) Upon the filing of an application and prior to deciding whether or not to grant the permit, a statement of the economic, fiscal, and environmental impact of the proposed facility shall be prepared by one or more appropriate parties selected by the Secretary after receiving the advisory comments of the Secretaries of Natural Resources, Commerce, and Transportation and the Secretary of Planning. The statement shall be prepared and filed within six months after selection of the appropriate party or parties. The statement, with written background and supporting material, shall be available to the public. The time for filing the statement may be extended by the Secretary for up to but not more than an additional 12 months for good cause.

(b) The statement shall include, but not be limited to, the following:

  (1) An inventory of existing economic and environmental conditions at the project site and in the immediate area;

  (2) A project description of what is to be constructed, and the manner and construction schedule and the method of construction;

  (3) A complete description of the proposed facility including at least its anticipated size, effluent load, and production levels;

  (4) An assessment of the probable economic, fiscal, and environmental impact of the project upon the natural environment of the project site coastal area and the immediate area;

  (5) Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;

  (6) An evaluation of the need for the facility and the relative merit of other possible sites; and

  (7) In the case of a refinery, a description of the manner of transportation of the feed stock and the product of the crude oil.

(c) The application shall not be processed further nor shall the analysis required be undertaken until the county government wherein the facility is proposed to be located or wherein the pipeline will terminate, has certified to the Department that all local land use classifications, including zoning, special exceptions, variances or conditional uses, necessary for the location and operation of the proposed facility have been or will be granted. If the county government in its discretion stays the certification and so notifies the Department that it will continue its stay until the analysis is completed then, and only in that event may the application be processed and the analysis prepared as set forth under this subtitle.

#### Section 14-507

(a) Further action may not be taken by the Secretary under this subtitle without completion of the statement required under Sec. 14-506 of this subtitle, and its being made available to the public, and until the county government, where the proposed facility is to be located has certified to the Department that all necessary local approval has been or is reasonably expected to be extended for commencement of construction.

(b) Not more than 60 days after the statement is completed, the Department shall hold at least one public hearing in the county in which the facility or any part of it is situated to solicit the views of the public about the permit application. Prior to the public hearing the Department shall make the statement available to the public. In addition, any comments on the statement prepared by the Department or any other State department, any proposed permits to be issued by any State agency to the applicant, any conditions proposed by the Department prior to granting a permit, and any other pertinent information shall be made available to the public prior to the hearing.

(c) The Department shall give notice of the public hearing by furnishing the same to the appropriate State and local government units as well as publishing notice in a newspaper of statewide circulation and in a newspaper published in or having general circulation in each affected county.

#### Section 14-508

(a) Within 90 days following the completion of the public hearing under Sec. 14-507 of this subtitle, and after receiving the advisory comments and recommendations of the Secretaries of Natural Resources, Commerce, and Transportation and the Secretary of Planning, the Secretary shall decide whether to grant, grant conditionally, or deny the permit. The Secretary's decision shall be in writing and based upon the economic and environmental statement, the public hearing record, and a determination that the applicant has shown satisfactorily that the facility:

  (1) Conforms with and meets all applicable air, water, noise, and solid waste laws of the State as determined and certified in writing by the appropriate State unit with jurisdiction over these laws;

  (2) Conforms with adopted or approved county or local land use planning and the official county or local comprehensive zoning map;

  (3) Conforms with the State development plan, if such plan has been lawfully approved and adopted;

  (4) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable natural resources, or unique historic sites;

  (5) Would not be so located or constructed as to have a material adverse effect upon the public health, safety, or welfare;

  (6) Would not be a potential or immediate undue burden on the water supply of the site or region;

  (7) Would not materially contribute to an extant level of undue environmental degradation or resource exhaustion;

  (8) Conforms with any coastal zone management program developed by the State of Maryland pursuant to the federal Coastal Zone Management Act of 1972;

  (9) Would have no material adverse effect upon critical areas identified and designated pursuant to Sec. 5-611 of the State Finance and Procurement Article and Title 1, Subtitle 4 or Title 3 of the Land Use Article;

  (10) Would not impose, directly or indirectly, a substantial burden on existing State, regional, or county public facilities beyond their respective capacities, or that new public facilities, if necessary, either:

    (i) Would not be completed in time to serve the facility; or

    (ii) Would be inadequate to serve the facility without causing overloading of the public facilities; and

  (11) Evidences fewer undesirable environmental, economic, fiscal, and cultural consequences in its specific or general proposed location than other specific or general locations.

(b)

  (1) The Secretary shall adopt regulations as provided in this subsection.

  (2) Procedural regulations adopted under this subsection shall:

    (i) Provide for notice to interested persons of any decision to issue or deny a permit; and

    (ii) Permit a person to file a petition for judicial review in accordance with the provisions of Sec. 5-204 of this article.

(c) The Department shall periodically inspect, and the applicant shall allow such inspection, to determine if the terms of the granted permit are being met.

#### Section 14-509

(a) A request for judicial review of the Secretary's action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court of any county having jurisdiction in which the facility or any part of it is to be situated.

(b) A request for judicial review may be made only by an aggrieved party, by a properly designated official of the county government where the proposed facility is to be located, or by the Department of Planning pursuant to Sec. 5-611 of the State Finance and Procurement Article.

(c) In order to expedite judicial review, any court of the State, either at the trial or appellate level, which acquires jurisdiction over any legal challenge to the Secretary's action on any application shall give highest priority to such proceeding in the scheduling of appropriate hearings and trials and in the respective court's deliberations.

#### Section 14-510

(a) Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General.

(b) Any person who violates any provision of this subtitle or any regulation, permit, or order issued thereunder, is liable to a penalty not exceeding $10,000, as well as being subject to being enjoined as provided in subsection (a) of this section. The monetary penalty thus provided may be recovered in a civil action by the Department through the Attorney General.

#### Section 14-511

(a) This subtitle shall be liberally construed to effectuate its intents and purposes.

(b) Nothing in this subtitle may be construed to be in derogation of any powers or State laws in existence on July 1, 1975, but shall be regarded as supplemental and in addition to powers conferred by other laws.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)