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Committee designates additional interjurisdictional flood-hazard watershed and resists department amendment
Summary
Senate Bill 42 would add Herring Run (and its headwaters) to the list of interjurisdictional flood-hazard watersheds; the sponsor urged the committee to reject an amendment from the Department of the Environment that would remove the headwater definition and references, and the committee passed the bill 10–1.
Senate Bill 42, sponsored by Senator Washington, seeks to designate several watersheds and all their headwaters and tributaries as interjurisdictional flood-hazard watersheds, and to define the terms "headwater stream" and "interjurisdictional watershed." The bill would expressly add Herring Run and its headwaters to existing designations for Carroll Creek, Gwynns Falls and Jones Falls.
Senator Washington argued the designation is consistent with existing practice and regulations and said the Maryland Department of the Environment had previously indicated Herring Run is interjurisdictional. The Department of the Environment submitted a written amendment (not in the voting packet) proposing to strike the definition of headwater stream and remove references to headwaters; the department said the term "headwater stream" requires field indicators and cannot be defined simplistically and raised concerns about overlapping definitions for streams and wetlands.
Senator Washington asked the committee to reject the department's amendment, saying removing headwater references would "defeat the purpose of the bill" which is to clarify waters and tributaries within the Greater Chesapeake Bay watershed. Committee members questioned potential fiscal or project impacts; Senator Gallien asked about a Department of Transportation letter of information and whether designations would affect state highway projects. Senator Washington and staff said the department's concerns appeared unfounded and that the designations mostly restate existing regulatory practice for several listed watersheds.
After discussion the committee took a roll-call vote. The chair called the roll and announced the bill carried 10–1; Senator Carrozza was recorded as the lone dissenting vote.
