Council introduces state-mandated critical-area ordinance with limited local discretion

County law and planning staff introduced Legislative Bill 2026-02 on Feb. 17, describing it as a repeal and reenactment of Chapter 125 of the Wicomico County Code to implement Critical Area Resource Protection consistent with the state model ordinance.

Andrew Illuminati, Department of Law, told the council the package largely reflects the Critical Area Commission's model regulations and that "the vast majority of this is not something the county has any discretion about." Tracy Taylor, planning director, and Colin Harrison, environmental planner, said the update was required by the state and that the county received a grant from the Critical Area Commission to support preparing the model-aligned ordinance.

Staff described one substantive procedural change: an administrative-variance process that would allow the planning director to fast-track certain variance requests that otherwise would require a public-board-of-appeals hearing. Planning staff and legal counsel said the variance process is intended to reduce wait time and advertising costs for homeowners while maintaining required state notifications.

Council members asked whether the changes increase oversight or reporting obligations to the state; planning staff said the notification requirements largely remain unchanged and that, in practice, county staff had already been following state rules where required. Staff said the council would receive the ordinance for introduction (passed unanimously for introduction) and that a public hearing can be scheduled. The county clerk and planning office will post formal notices as required by state law.

Next steps: introduction passed at the Feb. 17 meeting; staff indicated a public hearing will be scheduled as required and the ordinance will return for later formal action.