SB 21
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 21 (Senator Reilly)
Education, Health, and Environmental Affairs
Wetlands and Waterways - Riparian Rights - Prohibition on Termination or
Impairment
This bill prohibits the Maryland Department of the Environment (MDE) or the Board of
Public Works (BPW) from terminating or impairing the riparian rights of an individual,
community association, or other entity through the application process for a permit or
license to install a pier.
Fiscal Summary
State Effect: General fund expenditures increase by $135,100 in FY 2022; future year
expenditures reflect annualization and ongoing costs. It is assumed that State revenues are
not materially affected, as discussed below.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 135,100 158,900 163,700 169,600 175,600
Net Effect ($135,100) ($158,900) ($163,700) ($169,600) ($175,600)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to materially affect local finances or operations.
Small Business Effect: Minimal.
 Analysis
Current Law:
Relevant Definitions:
A “pier” is any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar
structure. A “pier” does not include any structure on pilings or stilts that was originally
constructed beyond the landward boundaries of State or private wetlands. “State tidal
wetlands” means any land under the navigable waters of the State below the mean
high tide, affected by the regular rise and fall of the tide and not otherwise transferred by
the State. “Private tidal wetlands” means any land not considered State wetland bordering
on or lying beneath tidal waters, which is subject to regular or periodic tidal action and
supports aquatic growth; tidal wetlands transferred by the State by a valid lease, patent, or
grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the
interest transferred; and tidal water created by the excavation of upland unless conveyed to
the State. Regulations define a “riparian landowner” to mean a property owner whose land
borders on tidal wetlands or waters of the State and “riparian rights” to mean the rights of
an owner of land bordering on tidal wetlands or waters of the State as recognized by
Title 16 of the Environment Article.
Approval Generally Required to Build a Pier on Wetlands
Wetlands in the State are protected, and the Wetlands and Waterways Program within
MDE administers a statewide program for the management, conservation, and protection
of Maryland’s tidal wetlands and nontidal wetlands and waterways. Generally, a person
must obtain a permit or license before working in wetlands in the State. BPW has the
authority to determine whether to issue a license to dredge, fill, or alter State wetlands;
MDE must assist BPW in making such a determination, and, in some cases, BPW delegates
the authority to issue such a license to MDE. Authorizations granted to work in privately
owned wetlands are issued by MDE.
Riparian Owner’s Rights
In general, except as specifically provided, a riparian owner may not be deprived of any
right, privilege, or enjoyment of riparian ownership that the riparian owner had prior to
July 1, 1970. Further, provisions of Title 16 of the Environment Article, which address
wetlands and riparian rights, do not transfer the title or ownership of any land or interest in
land. According to BPW, the Court of Special Appeals has noted “The term ‘riparian
rights’ indicates a bundle of rights that turn on the physical relationship of a body of water
to the land abutting it. These rights are significantly different from each other in many
respects, and yet they share a common name just as riparian landowners attempt to share
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the common benefits that arise from adjacency to defined bodies of water.” Gunby v. Old
Severna Park Improvement Ass’n, 174 Md.App. 189, 239 (2007).
A person who is the owner of land bounding on navigable water is entitled to any natural
accretion to the person’s land, to reclaim fast land lost by erosion or avulsion during the
person’s ownership of the land to the extent of provable existing boundaries. The person
may make improvements into the water in front of the land to preserve that person’s access
to the navigable water or, protect the shore of that person against erosion, as specified.
After an improvement has been constructed, the improvement is the property of the owner
of the land to which the improvement is attached. A right covered in Subtitle 2 of Title 16
of the Environment Article (which addresses State wetlands) does not preclude the owner
from developing any other use approved by BPW. The right to reclaim lost fast land relates
only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred
after this date is on the owner of the land.
MDE and BPW consider all of these factors and rights when reviewing applications and
making determinations on whether to issue licenses or permits and whether to impose any
conditions on such approvals.
State Fiscal Effect: General fund expenditures for MDE increase by $135,096 in
fiscal 2022, which accounts for the bill’s October 1, 2021 effective date. This estimate
reflects the cost of hiring two natural resource planners to (1) update MDE regulations
related to reviewing affected permit applications and (2) conduct additional analysis for
affected permit applications within required timeframes. It includes salaries, fringe
benefits, one-time start-up costs, and ongoing operating expenses. The information and
assumptions used in calculating the estimate are stated below:
 MDE processes, on average, more than 1,000 wetlands permits annually, and while
any of these may include pier components, on average, 600 of these relate
exclusively to piers;
 MDE is required to issue permit decisions within 45 days, pursuant to current law
and regulations;
 additional legal analysis and research must be conducted to review affected permit
applications; and
 existing MDE staff are fully subscribed and do not have sufficient expertise to
handle the additional responsibilities resulting from the bill’s changes.
Positions 2
Salaries and Fringe Benefits $123,933
Other Operating Expenses 11,163
Total MDE FY 2022 Expenditures $135,096
SB 21/ Page 3
Future year expenditures reflect full salaries with annual increases and employee turnover
and ongoing operating expenses.
BPW advises that current BPW staff can implement the bill’s changes with existing
resources. However, both BPW and MDE note that the bill likely alters how license and
permit applications to install piers on wetlands are evaluated. Without actual experience
under the bill, it is unclear how the bill may affect the issuance of such approvals. To the
extent that the denial of an application, or the issuance of an approval with conditions, is
considered to be a termination or impairment of an entity’s riparian rights, the bill may
limit the ability of BPW and MDE to deny or conditionally approve an application.
Despite the potential implications on the decision-making process used by BPW and MDE
when evaluating affected applications, this analysis assumes that the bill does not
materially affect fee revenue resulting from such applications.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 214 (Delegate Malone) - Environment and Transportation.
Information Source(s): Maryland Department of the Environment; Board of Public
Works; Department of Legislative Services
Fiscal Note History: First Reader - January 25, 2021
an/lgc
Analysis by: Kathleen P. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 21/ Page 4


Statutes affected:
Text - First - Wetlands and Waterways - Riparian Rights - Prohibition on Termination or Impairment: 16-201.1 Environment