Senate postpones bill to statutorily clarify interjurisdictional watersheds after agency, local concerns

Senate Bill 42, sponsored by Sen. M. Washington, was discussed on the Maryland Senate floor on Feb. 20 as senators examined whether narrowly phrased statutory language is necessary to clarify the state’s flood‑management framework.

Washington told the chamber the bill "ensures that 4 critical watersheds... Carroll Creek, Gwyn Falls, Jones Falls and the Herring Run... along with their headwaters and tributaries, are properly recognized as inter jurisdictional flood hazard watersheds under Maryland law." She said the bill "does not create any new regulations, mandates, or costs" and emphasized "SB 42 does not require any new studies. It does not do any permitting changes or flood management plan." She added that ‘‘the state already has authority under sections five-eight 0 3 and five-four to manage these watersheds.’’

Senators queried the sponsor about the potential practical effects. One senator asked whether adding headwaters and tributaries to the statutory language could create additional work or costs, noting an MDE informational letter that suggested possible fiscal impacts. Washington replied the definitions used in the bill are consistent with existing regulatory concepts and EPA terminology and that the bill’s intent is to provide statutory clarity rather than to impose new obligations.

Frederick County’s senator pressed the sponsor for assurances and said the county had not submitted a written letter addressing whether the bill’s language could create fiscal obligations for local jurisdictions. The senator cited aspects of the MDE letter that suggested state agencies saw the potential for additional local costs — including a fiscal-note example that referenced roughly "$150,000 a year" — and asked for time to consult local government officials. The sponsor agreed and a motion was made to special‑order the bill so sponsors and affected local jurisdictions could meet and resolve concerns; the motion was adopted without objection.

Why it matters: The designation of interjurisdictional flood‑hazard watersheds affects how jurisdictions coordinate planning, funding and remediation. Sponsors said the bill mostly codifies existing practice and adds Herring Run explicitly, while some local officials and the Maryland Department of the Environment flagged wording that they said could be read to require additional studies or plans, which could carry local costs.

Next steps: Senators agreed to place SB 42 on the special‑order calendar for follow‑up discussion and to consult with Frederick County and other local jurisdictions before returning the measure to the floor.