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SB 898

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2026 Regular Session Introduced by Ileana Garcia

The bill expands incentives and requires fertilizer-free buffers within 100 feet of tidal water by prohibiting fertilizer in that zone on renewals after July 1, 2025.

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Bill Summary · SB 898

SB 898 — Nutrient Management – Tidal Buffer – Vegetative Buffers and Restriction on Fertilizer Application

Status: Hearing scheduled 2/18 at 1:00 p.m. (Introduced Jan 24, 2025). Effective date: June 1, 2025.

Purpose / Intent

To strengthen shoreline (tidal) water protection by (1) expanding and creating State financial incentives to install and enroll vegetative “fixed natural buffers” inside the 100‑foot tidal buffer on agricultural land and (2) prohibiting fertilizer application within that 100‑foot tidal buffer as part of renewed nutrient management plans.

Key provisions

  • Definitions

    • “Fixed natural buffer”: a maintained strip of native vegetation alongside water, including riparian forest buffers, riparian herbaceous cover, tree plantings on agricultural land, and wetland restoration (excludes pasture management).
    • “100‑foot tidal buffer”: land within 100 feet of the mean high water line of tidal waters, the bank edge of a tributary tidal stream, or the landward boundary of a tidal wetland.

  • CREP / Signing bonus changes (Art. – Agriculture §8–706)

    • Raises the one‑time signing bonus for forested streamside buffers from up to $1,000/acre to up to $1,250/acre (limited to FY2026–2031).
    • Establishes a one‑time signing bonus up to $1,500/acre for land enrolled with a fixed natural buffer (FY2026–2031).
    • Annual payment: agricultural operations (including leased land) within the Critical Area enrolled in a fixed natural buffer program receive at least $150/acre annually (FY2026–2031).

  • Fixed natural buffer cost‑share and bonuses (§8–707)

    • MDA may make State cost‑share funding available for installing fixed natural buffers within the 100‑foot tidal buffer if the person enters a cost‑share agreement (MACS program framework).
    • Eligible agricultural operators may receive reimbursement up to 150% of eligible installation costs (the bill specifies up to 150%).
    • An up‑front bonus payment per acre between $1,000 and $4,000 (tiered by buffer type, elevation, slope, hydric soils/wetland extent) is available for newly installed fixed natural buffers; MDA must adopt the tiering system.
    • MDA must adopt technical specifications for eligible fixed natural buffer practices by July 1, 2025; specifications must require the buffer to fill the entire 100‑foot width.

  • Fertilizer restriction (§8–803.10)

    • Nutrient management plans renewed on or after July 1, 2025, may not permit application of fertilizer (commercial fertilizer, manure, sludge, soil conditioners, etc.) to land within the 100‑foot tidal buffer.

Funding & Fiscal Impact

  • Incentives are funded by an existing mandated $2.5 million annual appropriation (continued through FY2031) and may be supplemented by specified Environment Article funds.
  • Fiscal note (Department of Legislative Services): no FY2025 effect; general fund expenditures increase beginning FY2026. DLS estimates minimum GF expenditure increases of approximately:
    • FY2026: $1,066,400
    • FY2027: $1,133,100
    • FY2028: $1,199,700
    • FY2029: $200,000
    • FY2030: $200,000
  • Revenues unaffected. Small business effect described as “meaningful.” Local soil conservation districts expected to manage additional workload with existing resources.

Who is affected

  • Agricultural landowners and operators (including leased‑land operators), particularly those with land in tidal areas and the Critical Area.
  • Participants in CREP and the Maryland Agricultural Water Quality Cost‑Share (MACS) Program.
  • Providers of agricultural services and businesses involved in buffer installation (noted small business impacts).

Implementation / Timing

  • Bill effective June 1, 2025.
  • MDA must adopt technical specifications for fixed natural buffers by July 1, 2025.
  • Fertilizer ban applies via nutrient management plans renewed on or after July 1, 2025.
  • Many incentive payments are limited to FY2026–2031 (except cost‑share and up‑front bonus which are not explicitly time‑limited).

Notes / Issues

  • DLS highlights ambiguity: it is unclear whether landowners may receive both the signing bonus and the up‑front bonus for the same buffer installation.
  • The bill allows reimbursements above 100% (up to 150%) of eligible costs, which is atypical and may require clarification on funding sources and program mechanics.

Compiled from official sources — confirm details with the bill’s official record.

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