Senate delays waterway enforcement bill after questions about dams, shorelines and penalties

The Maryland Senate on Feb. 24 postponed consideration of legislation that would expand the Department of the Environment's administrative enforcement powers for waterways, wetlands and dams after extended questioning from senators about scope and impacts.

Senate Bill 108, presented as a departmental bill by the floor leader, would allow the Maryland Department of the Environment (MDE) to issue administrative penalties—up to $5,000 per day—and administrative orders for violations related to waterway construction, dam safety, wetlands and riparian rights while standardizing notice and hearing procedures. The bill requires MDE to consider cooperation and good-faith corrective efforts before imposing penalties.

The bill drew detailed questions from multiple senators about how the statute would apply to shoreline restoration, private and homeowner-association-owned dams, permit requirements and evidentiary standards in administrative hearings. One senator said the bill “sounds mostly familiar” but asked whether the change would make current civil proceedings into administrative penalties and whether a property owner who attempted to work with the process could nonetheless face per-day fines. The floor leader replied that the bill codifies multiple procedural steps—written notice, an informal meeting and consideration of good-faith efforts—before any penalty would be assessed.

Another senator pressed whether the bill would alter permit requirements or change how small impoundments and agricultural dams are treated. The floor leader answered that permit requirements would not change and emphasized programs such as the small dam safety loan program to assist small farmers or HOAs in financing repairs. Lawmakers also cited MDE’s recent compliance review: the floor leader said MDE identified roughly 186 noncompliant sites over the past three years and estimated that about 40 would have warranted administrative penalties under the bill, while 132 sites were noncompliant with wetland rules and about 75% of those could have warranted administrative penalties.

Senators expressed particular concern that the administrative pathway not be used to short-circuit remediation (for example by allowing payment in lieu of correction) and asked the floor leader to clarify discretion and waiver practices. The floor leader said the bill does not eliminate corrective requirements and that discretion remains to account for good-faith efforts.

After extended floor questioning and requests for follow-up from MDE, an interjecting senator moved to place the bill in special order until tomorrow to allow offline conversations and to obtain further answers from the department. The motion was accepted without objection, and SB108 will return for further consideration at a later time.

The Senate did not take a final vote on SB108 during this session; senators requested additional information on administrative procedure, evidentiary standards in administrative hearings and the bill’s interplay with existing permit and criminal enforcement provisions.