Title 8. Waters — Subtitle 11. Beach Erosion Control and Replenishment
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 8-1101 (2026)
Title 8. Waters
Subtitle 11. Beach Erosion Control and Replenishment
§ 8–1101LinkCopy Citation
The General Assembly finds and declares that land movement and disturbance activities on Atlantic Coast beaches east of certain natural and physical contours and elevations of the beach endanger the integrity and continuity of the beach system which includes a dunal system, prevents adequate maintenance, shore erosion, and sediment control, and storm protection of these and adjacent areas, and results in the imposition of additional financial burdens on the citizens of the State.
Md. Code Ann., Nat. Res. § 8-1102 (2026)
Title 8. Waters
Subtitle 11. Beach Erosion Control and Replenishment
§ 8–1102LinkCopy Citation
(a)
(1)
Except as otherwise provided in paragraphs (2) through (4) of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State and the Beach Erosion Control District, the integrity and continuity of the dunal system and assuring adequate maintenance of the beaches, Beach Erosion Control District, and dunal system, to provide for shore erosion and sediment control and storm protection, and to minimize structural interference with the littoral drift of sand and any anchoring vegetation, any land clearing, construction activity, or the construction or placement of permanent structures within the Beach Erosion Control District is prohibited.
(2)
This prohibition does not apply to any project or activity approved by the Department and the appropriate soil conservation district specifically for storm control; beach erosion and sediment control; maintenance projects designed to benefit the Beach Erosion Control District; and a planned public utility pipeline carrying treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition to the approvals required by all other applicable federal and local laws and regulations, it is approved by the Board of Public Works as essential to the public health, safety, and welfare of the citizens of Worcester County, after having received the permission of the Secretaries of the Environment and Natural Resources, and the Secretary of Planning, including a guarantee that in any contract under this provision a person will not make any significant permanent environmental disruption to the area, and the construction area for the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a single 100 foot wide area perpendicular eastward from the west crest of the natural dune line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and Natural Resources and the Secretary of Planning find that there is no economically and environmentally feasible alternative, and that there is insufficient capacity at the existing Ocean City wastewater treatment facility and discharge pipe.
(3)
(i)
Subject to subparagraph (iii) of this paragraph, this prohibition does not apply to the construction and installation of a qualified submerged renewable energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.
(ii)
An application for a certificate of public convenience and necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 of the Public Utilities Article, is subject to review by the Department and the Department of the Environment, as provided in § 3–306 of this article.
(iii)
The Public Service Commission may not approve an application for a qualified submerged renewable energy line to be constructed or installed within the Assateague National Seashore Park or the Assateague State Park.
(4)
(i)
Subject to subparagraphs (ii) through (iv) of this paragraph, this prohibition does not apply to the repair, renovation, reconstruction, or expansion of an existing structure owned by the State or the Mayor and City Council of Ocean City if the project does not result in any significant permanent environmental damage to the Beach Erosion Control District, as determined by the Department.
(ii)
A reconstruction or expansion project carried out under this paragraph shall:
(1)
Comply with siting and design criteria established under § 3–1009 of this article; and
(2)
Be approved by the Mayor and City Council of Ocean City.
(iii)
Except as provided in subparagraph (iv) of this paragraph, a reconstruction or expansion project carried out under this paragraph may not:
(1)
Result in any increase in height above the existing structure; or
(2)
Extend beyond any existing duly recorded property or franchise boundary.
(iv)
If no recorded property or franchise boundary exists for a reconstruction or expansion project carried out under this paragraph, the project:
(1)
May only bring the existing structure into compliance with:
(A)
The federal Americans with Disabilities Act; or
(B)
Town of Ocean City fire prevention standards; and
(2)
May not increase the above–grade footprint of the existing structure in a northerly or southerly direction.
(b)
The Secretary of the Environment, the Secretary of Natural Resources, and the Secretary of Planning, with the approval of the Board of Public Works, shall jointly adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article for the purpose of implementing the provisions of this section.
Md. Code Ann., Nat. Res. § 8-1103 (2026)
Title 8. Waters
Subtitle 11. Beach Erosion Control and Replenishment
§ 8–1103LinkCopy Citation
(a)
(1)
There is an Ocean Beach Replenishment Fund, consisting of money appropriated for that purpose in the State budget or in any bond enabling act and any money contributed by local jurisdictions in accordance with this section.
(2)
The Fund shall be maintained for the purposes stated in this section, and unspent portions of any appropriations to the Fund shall remain in the Fund and may not revert to the General Fund and any project or program funded under this subtitle is not subject to the provisions of §§ 7–305(d)(3) and 8–128(c) of the State Finance and Procurement Article.
(3)
Any interest earned by the State on any funds contributed by local jurisdictions shall:
(i)
Accrue to the Fund; and
(ii)
Be applied to reduce the annual maintenance payments of the local jurisdictions.
(b)
The Board of Public Works, upon the recommendation of the Secretary, may expend money appropriated from the Fund, directly or through loans or grants to local jurisdictions, for the following types of projects on Maryland’s ocean beaches:
(1)
Bulkhead construction;
(2)
Dune restoration or construction;
(3)
Beach replenishment; and
(4)
Land acquisition necessary to accomplish any of the types of projects in this subsection.
(c)
Funds shall be expended only upon projects that further an integrated plan that has been approved by the Secretary as providing protection against storm and flood events.
(d)
The eligible costs of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation, or improvement. Bond proceeds appropriated to the Fund may not be used for project administrative costs. Costs for periodic additions of sand or other elements necessary to maintain the structural integrity of a project shall be eligible for financial assistance.
(e)
The State shall assume 100% of the costs of any land acquisition project. State assistance for any other type of authorized project may not exceed 50% of nonfederal costs.
(f)
All projects receiving State assistance under this subtitle shall be designed and managed by the Department, which shall consult with the project sponsors.
(g)
Any accretion to existing beaches resulting from activities assisted by the Fund shall be deemed natural resources of the State, and title to any accretion is vested in the Department. Land created by any accretion to or replenishment of any ocean beach in Maryland is not vacant land within the meaning of the Real Property Article, and the Commissioner of Land Patents may not issue any patent for land so created.
(h)
Grants or loans for project construction may not be authorized under this section until the Department and the Board of Public Works approve the following items as submitted by the municipality or county, as appropriate, in which the project is located:
(1)
An approved description of the project together with a financing plan;
(2)
A guarantee of the portion of costs not provided by State and federal assistance;
(3)
An agreement to be responsible for beach cleaning, policing, and lifeguard services on any restored or protected beach;
(4)
An agreement to convey at no cost to the State any lands or easements granted to the county or municipality and necessary for beach replenishment or dune restoration or construction purposes; and
(5)
Local ordinances and codes relating to building setbacks, piling depths, structural techniques for minimizing wind and storm damage, and building after storm damage.
(i)
The financing plan submitted by the municipality and county in which the project is located shall:
(1)
Set forth a binding percentage allocation between the municipality and the county of the project costs not provided by State and federal assistance;
(2)
Set forth the revenue sources to be relied upon to provide the local costs, which without limitation may include:
(i)
As to the county:
(1)
The recordation tax authorized by Title 12 of the Tax – Property Article;
(2)
The admissions and amusement tax authorized by § 4–102(b) of the Tax – General Article;
(3)
The county income tax authorized by § 10–103 of the Tax – General Article;
(4)
State–collected, locally shared taxes or designated portions of the taxes;
(5)
Taxes authorized by the Tax – Property Article; and
(6)
Revenues raised by establishment of an erosion control district established pursuant to §§ 21–202, 21–204, and 21–210 of the Local Government Article; and
(ii)
As to the municipality:
(1)
Taxes authorized by the Tax – Property Article;
(2)
Fees and charges authorized by § 5–205(d) of the Local Government Article or the municipality’s charter; and
(3)
The admissions and amusement tax authorized by § 4–102(c) of the Tax – General Article; and
(3)
Be accompanied by a guaranty of the municipal and county share of such costs duly ratified by the governing body of each subdivision.
(j)
In the event the county or municipality fails to raise or to pay to the State all or any portion of its percentage of the costs of a project as established by a financing plan within 6 months of the certification of costs by the State Comptroller, the State Comptroller shall cause to be withheld from State–collected, locally shared taxes, and, to the extent necessary, from the State aid for police protection provided under Title 4, Subtitle 5 of the Public Safety Article to which the county or municipality would otherwise be entitled, for the following fiscal year, a sum sufficient to reimburse the State for any sum remaining unpaid, together with interest on the unpaid amount at the rate of 10% per annum from the date of the certification by the State Comptroller.
Md. Code Ann., Nat. Res. § 8-1104 (2026)
Title 8. Waters
Subtitle 11. Beach Erosion Control and Replenishment
§ 8–1104LinkCopy Citation
An appraiser for the Department, the trier of fact in any condemnation proceeding, or any other person charged by law to determine fair market value shall consider the following among other relevant factors in determining the fair market value of any interest in land being acquired to implement § 8-1103 of this subtitle:
(1)
The date of valuation shall be determined recognizing that the State may have taken properties as of the date that prohibitions were imposed for the Beach Erosion Control District under § 8-1105.1 of this subtitle;
(2)
If the land lies within the Beach Erosion Control District established pursuant to § 8-1105.1 of this subtitle, the land shall be valued subject to the restrictions of § 8-1105.1 of this subtitle; provided, however, that if it appears that the owner is entitled to compensation for a taking under the provisions of § 8-1105.1(c) of this subtitle, then the property shall be valued as if the restrictions of § 8-1105.1 of this subtitle were not in effect, but all other applicable restrictions of State and local law were, including:
(i)
Building codes;
(ii)
Zoning;
(iii)
Public rights across the property acquired through dedication or prescription;
(iv)
Easements for dune construction and maintenance; and
(v)
Density limitations; and
(3)
If fair market value is to be based on an assumption that the land can be developed, the costs of that development shall be estimated assuming the risk of storm damage with the beach in its condition as of the date of valuation, and taking into account any deterioration of the beach which could reasonably be expected to occur after the date of valuation, given no artificial improvement or protection of the beach at public expense. The costs shall include insurance costs and special construction costs attributable to the need to protect against storm damage.
Md. Code Ann., Nat. Res. § 8-1105.1 (2026)
Title 8. Waters
Subtitle 11. Beach Erosion Control and Replenishment
§ 8–1105.1LinkCopy Citation
(a)
There is a Beach Erosion Control District, which consists of that land bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the borderline between the State of Maryland and the Commonwealth of Virginia, and bordered on the west by a line which coincides, more or less, with the west crest of the existing natural dune on Assateague Island, and in Ocean City, is a mutually approved line to be known as the State–Ocean City building limit line which coincides, more or less, with the existing Ocean City building limit line and on occasion may coincide with the crest of the littoral system. The Department, after surveying, platting, and recording the State–Ocean City building limit line, has the authority to describe by regulation the State–Ocean City building limit line. The Department shall perform the survey, platting, and recording at its own expense within 30 days of July 1, 1975.
(b)
Transferred.
(c)
If the prohibitions imposed for the Beach Erosion Control District would constitute a taking of a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution, funds under Program Open Space may be used to purchase or otherwise pay for any property taken.
(d)
The provisions of this section are in addition to the provisions of §§ 8–1103 and 8–1104 of this subtitle.