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2025-2026 Session Introduced by Sydney Batch and 4 co-sponsors

Adds a statutory definition of ecological restoration and requires MDE to align regulations with it, clarifying restoration terms for permits, projects, and guidance statewide.

Passed 1st Reading

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Summary / Purpose

SB 722 adds a statutory definition of “ecological restoration” to Maryland’s Environment Article and directs the Maryland Department of the Environment (MDE) to update any relevant regulations so they incorporate or are consistent with that definition. The change implements a recommendation from MDE’s 2024 Ecological Restoration Permitting Study to provide clearer, consistent terminology for restoration projects and permitting.

Key provisions

Adds a new Subtitle 10 (“Ecological Restoration”) to the Environment Article with two sections:

Section 1–1001 — Defines “ecological restoration” as an activity undertaken with the goal of recovering, re‑establishing, or enhancing a degraded, damaged, or destroyed ecosystem through one or more of the following:
Improvements to physical, chemical, or biological characteristics or processes;
Returning natural or historical functions or services; and
Protecting or improving resiliency.
Section 1–1002 — Requires MDE to update any relevant regulations adopted under the Environment Article, as appropriate, to (a) incorporate the statutory definition or (b) be consistent with it.

Who is affected

Maryland Department of the Environment (responsible for regulatory updates).

State agencies, local governments, consultants, project proponents, and permit applicants involved in ecological restoration projects or regulatory review (permits, mitigation, funding, program guidance).

No substantive change to permitting standards is specified; the impact is primarily clarifying terminology and aligning regulations with the statutory definition.

Legislative and implementation timeline

Introduced: January 27, 2025 (Senators Henson and Augustine; cross‑file HB 1155).

Enacted: Approved by Governor May 6, 2025; Chapter 329.

Effective date: October 1, 2025.

MDE expected to incorporate the definition into regulations and guidance as part of routine regulatory updates or rulemaking as appropriate.

Fiscal and policy impact

Fiscal Note: Not anticipated to directly affect State or local finances or operations; minimal or no impact on small businesses.

Policy intent: Provide statutory clarity to support consistent application of restoration terminology across permitting, program guidance, and interagency coordination; facilitates implementation of recommendations from the Ecological Restoration Permitting Study (2024).

Context

This statute responds to a legislative recommendation from the 2024 MDE study on ecological restoration permitting (Chapter 465 of 2022) that the General Assembly adopt a consistent statutory definition to guide regulatory updates and reduce ambiguity in restoration permitting and program administration.

Bill