An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for schedules of controlled substances and providing for tianeptine-related adverse health events.

2025-2026 Regular Session Introduced by Dan Laughlin and 2 co-sponsors

Maryland lets DNR issue incidental-taking permits for listed bats when lawful activities may incidentally harm them, with required conservation plans and federal authorization.

Referred to Health & Human Services

Purpose / Intent

SB 946 creates a statutory process authorizing the Maryland Department of Natural Resources (DNR) Secretary to issue permits that authorize the incidental taking of certain listed bat species when the taking is incidental to an otherwise lawful activity. The intent is to provide a state-level permitting mechanism — modeled on an existing framework for the Delmarva fox squirrel — while ensuring conservation measures and federal coordination.

Key provisions

Adds a new § 10–2A–05.3 to the Natural Resources Article establishing an incidental-taking permit authority for these species:

Indiana bat
Eastern small‑footed bat
Northern long‑eared bat
Tricolored bat

Permit application requirements: an applicant must submit a conservation plan to DNR that at minimum:

Describes the likely impacts of the incidental taking;
Describes steps the applicant will take to minimize and mitigate impacts;
Identifies funding available to implement those steps;
Lists alternative actions considered and why they were not used;
Includes any additional measures the Secretary requires.

Findings required before permit issuance: the Secretary must find that:

The incidental taking will not appreciably reduce the likelihood of survival or recovery of the species in the wild;
The applicant will, to the extent practicable, minimize and mitigate impacts;
Adequate funding exists and the plan will be implemented; and
The applicant has obtained required federal authorization for the incidental taking.

Rulemaking: the Secretary may adopt regulations to implement and enforce the new section.

The bill parallels the existing incidental‑taking permit framework for the Delmarva fox squirrel (§ 10–2A–05.2).

Who is affected

Applicants (private developers, utilities, transportation projects, and others whose lawful activities might incidentally take listed bats) — they may seek state permits when federal authorization exists.

DNR/Secretary — gains explicit authority and rulemaking ability to issue and oversee permits.

Bats and conservation stakeholders — subject to conservation-planning and mitigation requirements intended to protect survival and recovery prospects.

Fiscal and practical impacts

Fiscal: the Department of Legislative Services concluded the bill does not materially affect State finances or operations.

Small businesses: DNR indicated a potential meaningful impact on small businesses that otherwise face seasonal or activity restrictions in areas supporting endangered bats (the permit process may change compliance pathways).

Federal coordination: permits require applicants to have obtained the necessary federal incidental‑take authorization (e.g., under the federal Endangered Species Act).

Legislative timeline / status

Introduced in the Senate (late January 2025); passed both chambers; enrolled to the Governor; approved May 13, 2025 (Chapter 550).

Takes effect October 1, 2025.

Note: SB 946 is a bill number used in multiple states for unrelated measures; this summary covers the Maryland enactment (Chapter 550, 2025) concerning incidental taking permits for bats.

Bill