Maryland Register Issue Date:  October 2, 2026 Volume 53  •  Issue 20  • Pages 975 — 1030 IN THIS ISSUE Governor Judiciary Regulations Errata Special Documents General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before September 14, 2026 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of September 14, 2026. Gail S. Klakring Administrator, Division of State Documents Office of the Secretary of State

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

The following information is also published regularly in the Register:

• Governor’s Executive Orders

• Attorney General’s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland, and additional mailing offices.

Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor, Maryland Register; Tarshia N. Neal, Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ................................................................ 978

COMAR Research Aids

Table of Pending Proposals ....................................................... 979

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

08 Department of Natural Resources ................................. 1001

09 Maryland Department of Labor .................................... 1015

10 Maryland Department of Health ..................................... 997

11 Department of Transportation .......................................... 993

13A State Board of Education ............................................. 1019

14 Independent Agencies ........................................ 1023, 1025

17 Department of Budget and Management ....................... 1023

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

The Governor

EXECUTIVE ORDER 01.01.2026.16

Responsible Data Center Development in Maryland: Protecting Ratepayers, Empowering Communities, and Ensuring Transparency and Accountability . 983

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS.................................. 992

Emergency Action on Regulations

11 DEPARTMENT OF TRANSPORTATION

TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM

Leave Benefits . 993

Final Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Assistance Eligibility . 997

Justice-Involved Case Management Services . 997

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program:
Definitions . 997

Maryland Medicaid Managed Care Program:
MCO Application . 997

Maryland Medicaid Managed Care Program:
Managed Care Organizations . 997

BEHAVIORAL HEALTH REGULATIONS

Assisted Outpatient Treatment Program .. 997

MARYLAND HEALTH CARE COMMISSION

Procedural Regulations for Health Care Facilities
and Services . 999

Maryland Medical Care Data Base and
Data Collection . 999

BOARD OF PODIATRIC MEDICAL EXAMINERS

Examination and Post-Graduate Training . 1000

BOARD OF SOCIAL WORK EXAMINERS

Social Work Practice . 1000

Code of Ethics . 1000

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General 1001

Fishing in Nontidal Waters . 1002

FOREST CONSERVATION

General 1004

State Review and Approval of a Local Program .. 1004

Incorporation by Reference . 1004

State Forest Conservation Program .. 1004

Forest Conservation Maintenance and Management Agreements 1004

Additional Requirements for State and
Local Programs . 1004

09 DEPARTMENT OF LABOR

RACING COMMISSION

Thoroughbred Rules . 1015

Harness Racing . 1016

Prohibited Acts . 1017

General 1018

General 1018

General 1019

13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION

Access to School Property . 1019

SCHOOL PERSONNEL

Professionally Licensed Personnel 1020

Criminal History Records Checks . 1021

EDUCATOR LICENSURE

Teachers . 1022

Specialists . 1022

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Jane E. Lawton Conservation Program .. 1023

17 DEPARTMENT OF BUDGET AND MANAGEMENT

PERSONNEL SERVICES AND BENEFITS

Recruitment, Examinations, Selections, and
Employment 1023

Errata

COMAR 10.09.63 . 1025

COMAR 10.67.01.01 . 1025

COMAR 11.15.27 . 1025

COMAR 14.17.23.04 . 1025

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses
of Water 1026

Minor Modification Approval 1027

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 26-WQC-0008 . 1027

Water Quality Certification 26-WQC-0021 . 1028

General Notices

DEPARTMENT OF THE ENVIRONMENT

Public Meeting . 1029

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Public Meeting . 1029

MARYLAND DEPARTMENT OF HEALTH

Public Meeting . 1029

Receipt of Application . 1029

MARYLAND HEALTH CARE COMMISSION

Public Meeting . 1029

Exemption from Certificate of Need . 1029

Receipt of Application . 1029

Receipt of Application . 1030

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting . 1030

COMAR Online

The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

The Maryland Register is also available at www.dsd.state.md.us.

For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

Availability of Monthly List of
Maryland Documents

The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES THROUGH December 2027^†

Issue Date	Emergency and Proposed Regulations 5 p.m.*	Notices, etc. 10:30 a.m.	Final Regulations 10:30 a.m.
2026
October 16	September28	October 5	October 7
October 30**	October 9	October 19	October 21
November 13	October 26	November 2	November 4
November30***	November 9	November16	November18
December 11	November23	November30	December 2
December28***	December 7	December14	December16
2027
January 8	December21	December28	December30
January 22	January 4	January 11	January 13
February 5**	January 15	January 25	January 27
February 19	February 1	February 8	February 10
March 5**	February 12	February 22	February 24
March 19	March 1	March 8	March 10
April 2	March 15	March 22	March 24
April 16	March 29	April 5	April 7
April 30	April 12	April 19	April 21
May 14	April 26	May 3	May 5
May 28	May 10	May 17	May 19
June 11**	May 21	May 31	June 2
June 25	June 7	June 14	June 16
July 9	June 21	June 28	June 30
July 23**	July 2	July 12	July 14
August 6	July 19	July 26	July 28
August 20	August 2	August 9	August 11
September 3	August 16	August 23	August 25
September 17**	August 30	September 3	September 8
October 1	September13	September20	September22
October 15	September27	October 4	October 6
October 29**	October 8	October 18	October 20
November 12	October 25	November 1	November 3
November29***	November 8	November15	November17
December 10	November22	November29	December 1
December27***	December 6	December13	December15

^† Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

* Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes due to holidays.

*** Note issue date changes due to holidays.

The regular closing date for Proposals and Emergencies is Monday.

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.04.02 .19 • 53:19 Md. R. 946 (9-18-26)

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

05.14.01.04,.06 • 53:18 Md. R. 880 (9-04-26)

05.20.06.02, .04 • 53:18 Md. R. 881 (9-04-26)

07 DEPARTMENT OF HUMAN SERVICES

07.03.25.04 • 53:18 Md. R. 881 (9-04-26)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.01.11 • 53:20 Md. R. 1001 (10-02-26)

08.02.05.07, .13, .20 • 53:19 Md. R. 947 (9-18-26)

08.02.11.01,.03 • 53:20 Md. R. 1002 (10-02-26)

08.02.13.03, .05 • 53:10 Md. R. 461 (5-15-26)

08.02.15.07 • 53:19 Md. R. 948 (9-18-26)

08.19.01.01—.05 • 53:20 Md. R. 1004 (10-02-26)

08.19.02.01–.06 • 53:20 Md. R. 1004 (10-02-26)

08.19.03.01 • 53:20 Md. R. 1004 (10-02-26) (ibr)

08.19.04.02, .04—.13, .15,.16 • 53:20 Md. R. 1004 (10-02-26)

08.19.05.02 • 53:20 Md. R. 1004 (10-02-26)

08.19.06.03 • 53:20 Md. R. 1004 (10-02-26)

09 MARYLAND DEPARTMENT OF LABOR

09.03.10.01, .06 • 53:7 Md. R. 331 (4-3-26)

09.08.01.01, .03, .04, .28 • 53:2 Md. R. 70 (1-23-26)

09.08.06.02 • 53:2 Md. R. 70 (1-23-26)

09.08.07.02 • 53:2 Md. R. 70 (1-23-26)

09.09.02.02 • 53:16 Md. R. 690 (8-7-26)

09.09.03.04 • 53:16 Md. R. 690 (8-7-26)

09.10.01.45 • 53:20 Md. R. 1015 (10-02-26)

09.10.02.24 • 53:20 Md. R. 1016 (10-02-26)

09.10.03.02 • 53:20 Md. R. 1017 (10-02-26)

09.10.04.04 • 53:20 Md. R. 1018 (10-02-26)

09.10.04.06 • 53:20 Md. R. 1018 (10-02-26)

09.10.04.07 • 53:20 Md. R. 1019 (10-02-26)

09.10.03.01-2, .01-3 • 52:24 Md. R 1206 (12-01-25)

09.12.50.02, .02-1, .03 • 53:13 Md. R. 593 (6-26-26) (ibr)

09.12.51.03, .04 • 53:13 Md. R. 593 (6-26-26) (ibr)

09.12.52.02—.04, .07—.12.17, .18 • 53:13 Md. R. 593 (6-26-26)

09.14.04.02,.13 • 53:16 Md. R. 691 (8-7-26)

09.14.06.16 • 53:6 Md. R. 296 (3-20-26)

09.19.02.04 • 53:1 Md. R. 31 (1-09-26)

09.19.02.04 • 53:8 Md. R. 359 (4-17-26)

09.22.02.03, .05 • 52:6 Md. R. 273 (3-21-25)

• 52:16 Md. R. 850 (8-8-25)

09.29.01.02 • 53:18 Md. R. 882 (9-04-26)

10 MARYLAND DEPARTMENT OF HEALTH

Subtitles 01—08 (1st volume)

10.01.07.01, .02, .04—.10 • 52:24 Md.R 1207 (12-01-25) (ibr)

Subtitle 09 (2nd volume)

10.09.02.07 • 53:8 Md. R. 360 (4-17-26) (ibr)

10.09.63.03—.06 • 53:19 Md. R. 949 (9-18-26)

10.09.90.17 • 53:5 Md. R. 248 (3-06-26)

Subtitles 10—22 (3rd volume)

10.14.09.01—.13 • 53:18 Md. R. 883 (9-04-26)

10.15.03.02, .25, .26, .28, .30 • 53:19 Md. R. 950 (9-18-26)

10.15.04.15 • 53:19 Md. R. 950 (9-18-26)

10.18.11.01—.05 • 53:19 Md. R. 952 (9-18-26) (ibr)

Subtitles 23—36 (4th volume)

10.27.01.04, .14 • 53:18 Md. R. 886 (9-04-26)

10.27.16.02, .03, .04 • 53:18 Md. R. 886 (9-04-26)

10.29.23.01.02 • 53:18 Md. R. 890 (9-04-26)

10.29.24.01—.15 • 53:18 Md. R. 890 (9-04-26)

10.29.25.01—.13 • 53:18 Md. R. 890 (9-04-26)

10.29.26.01—.05 • 53:18 Md. R. 890 (9-04-26)

10.29.27.01,.02 • 53:18 Md. R. 890 (9-04-26)

10.32.25.01—.06 • 52:13 Md. R. 670 (6-27-25)

10.34.02.03 • 53:10 Md. R. 463 (5-15-26)

10.34.15.01 • 53:15 Md. R. 668 (7-24-26)

10.34.19.01—.03, .05—.19 • 52:23 Md. R. 1164 (11-14-25)

Subtitles 37—52 (5th volume)

10.38.12.01—.05 • 53:11 Md. R. 495 (5-29-26)

10.39.01.04 • 53:18 Md. R. 886 (9-04-26)

10.39.04.02, .04, .05 • 53:18 Md. R. 886 (9-04-26)

10.39.06.03 • 53:18 Md. R. 886 (9-04-26)

10.41.02.02, .04 • 53:9 Md. R. 420 (5-01-26)

10.41.03.02, .03, .06 • 53:9 Md. R. 420 (5-01-26)

10.41.05.02, .04, .05—.08 • 53:9 Md. R. 420 (5-01-26)

10.41.07.02—.05 • 53:9 Md. R. 420 (5-01-26)

10.41.08.01-1, .02—.15 • 53:9 Md. R. 420 (5-01-26)

10.41.11.01, .06, .07, .09, .10, .13 • 53:9 Md. R. 420 (5-01-26)

10.41.12.03, .04 • 53:9 Md. R. 420 (5-01-26)

10.42.02.02,06 • 52:14 Md. R 720 (7-11-25)

10.52.12.05 • 53:5 Md. R. 257 (3-06-26)

Subtitles 53—69 (6th volume)

10.53.02.01, .03, .05, .06, .07 • 53:18 Md. R. 886 (9-04-26)

10.63.01.01—.08 • 53:17 Md. R. 713 (8-21-26) (ibr)

10.63.02.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.03.01—.21 • 53:17 Md. R. 713 (8-21-26)

10.63.04.01—.09 • 53:17 Md. R. 713 (8-21-26)

10.63.05.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.06.01—.21 • 53:17 Md. R. 713 (8-21-26)

10.63.08.02, .03, .05 • 53:17 Md. R. 713 (8-21-26)

10.63.08.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.09.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.10.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.11.01—.11 • 53:17 Md. R. 713 (8-21-26)

10.63.12.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.13.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.14.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.15.01—.09 • 53:17 Md. R. 713 (8-21-26)

10.63.16.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.17.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.18.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.19.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.20.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.21.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.22.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.23.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.24.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.25.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.26.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.27.01—.08 • 53:17 Md. R. 713 (8-21-26) (ibr)

10.63.28.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.29.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.30.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.31.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.32.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.33.01—.07 • 53:17 Md. R. 713 (8-21-26)

10.63.34.01—.16 • 53:17 Md. R. 713 (8-21-26)

10.63.35.01—.09 • 53:17 Md. R. 713 (8-21-26)

10.63.36.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.37.01—.06 • 53:17 Md. R. 713 (8-21-26)

10.63.38. .01—.05 • 53:17 Md. R. 713 (8-21-26)

10.63.39.01—.10 • 53:17 Md. R. 713 (8-21-26)

10.64.01.01, .17 • 53:18 Md. R. 886 (9-04-26)

10.65.02.04—.06 • 53:15 Md. R. 669 (7-24-26)

10.65.08.01, .02 • 53:15 Md. R. 669 (7-24-26)

10.67.08.02 • 53:5 Md. R. 248 (3-06-26)

10.69.01.02, .04, .06 • 53:18 Md. R. 886 (9-04-26)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11—23 (MVA)

11.11.05.02—.04, .06 • 52:13 Md. R. 682 (6-27-25)

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

12.04.13.01—.05 • 53:17 Md. R. 820 (8-21-26)

12.08.03.01—.06 • 53:8 Md. R. 363 (4-17-26)

13A STATE BOARD OF EDUCATION

13A.02.01.01 • 53:13 Md. R. 605 (6-26-26)

• 53:18 Md. R. 902 (9-04-26)

13A.02.01.01 • 52:26 Md. R. 1350 (12-26-25)

13A.02.10.01—.16 • 53:4 Md. R. 202 (2-20-26)

13A.02.11.01—.04 • 53:20 Md. R. 1019 (10-02-26)

13A.05.04.01—.03 • 52:17 Md. R 889 (8-22-25)

• 53:3 Md. R. 126 (2-6-26)

13A.05.05.01, .16 • 53:18 Md. R. 902 (9-04-26)

13A.06.03.02—.07, .09 • 53:15 Md. R. 670 (7-24-26)

13A.07.06.08 • 53:20 Md. R. 1020 (10-02-26)

13A.07.15.01, .02 • 53:20 Md. R. 1021 (10-02-26)

13A.08.01.05 • 53:4 Md. R. 207 (2-20-26)

13A.08.01.10, .10-1 • 53:15 Md. R. 674 (7-24-26)

13A.08.01.10-1 • 53:3 Md. R. 127 (2-6-26)

13A.12.02.03 • 53:20 Md. R. 1022 (10-02-26)

13A.12.04.09 • 53:20 Md. R. 1022 (10-02-26)

13A.12.04.11 • 53:18 Md. R. 902 (9-04-26)

13A.12.05.05, .06, .10 • 53:8 Md. R. 367 (4-17-26)

13A.16.06.09, .09-1, .10, .10-1 • 53:16 Md. R. 691 (8-7-26)

13A.16.08.03 • 53:18 Md. R. 903 (9-04-26)

13A.16.10.02 • 53:18 Md. R. 903 (9-04-26)

13A.17.08.03 • 53:18 Md. R. 903 (9-04-26)

13A.17.10.02 • 53:18 Md. R. 903 (9-04-26)

13A.18.06.06, .06-1 • 53:16 Md. R. 691 (8-7-26)

14 INDEPENDENT AGENCIES

14.01.04.01—.06 • 53:18 Md. R. 905 (9-04-26)

14.01.01.05 • 53:18 Md. R. 905 (9-04-26)

14.01.06.01—.04 • 53:12 Md. R. 567 (6-12-26)

14.01.07.01 • 53:13 Md. R. 607 (6-26-26)

14.01.07.02 • 53:13 Md. R. 608 (6-26-26)

14.11.01.01—.13 • 53:18 Md. R. 922 (9-04-26)

14.22.02.01, .02 • 53:18 Md. R. 911 (9-04-26)

14.23.01.01, .19 • 53:3 Md. R. 128 (2-6-26)

14.23.01.08,.20 • 53:18 Md. R. 920 (9-04-26)

14.26.01.01—.18 • 53:20 Md. R. 1023 (10-02-26)

14.39.02.06 • 52:17 Md. R 900 (8-22-25)

15 MARYLAND DEPARTMENT OF AGRICULTURE

15.06.04.01—.07 • 53:2 Md. R. 81 (1-23-26)

17 DEPARTMENT OF BUDGET AND MANAGEMENT

17.04.03.22 • 53:20 Md. R. 1023 (10-02-26)

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

18.02.03.05 • 53:6 Md. R. 301 (3-20-26)

19A STATE ETHICS COMMISSION

19A.06.01.01,.02 • 53:6 Md. R. 301 (3-20-26)

19A.06.02.01 • 53:6 Md. R. 301 (3-20-26)

19A.06.03.01 • 53:6 Md. R. 301 (3-20-26)

19A.06.04.01—.08 • 53:6 Md. R. 301 (3-20-26)

20 PUBLIC SERVICE COMMISSION

20.50.09.01, .02, .05, .06, .09—.14 • 53:19 Md. R. 953 (9-18-26)

21 STATE PROCUREMENT REGULATIONS

21.05.03.03 • 53:19 Md. R. 960 (9-18-26)

21.06.07.10 • 53:17 Md. R. 821 (8-21-26)

21.07.01.32 • 53:17 Md. R. 821 (8-21-26)

21.07.01.33 • 53:19 Md. R. 960 (9-18-26)

21.11.17.01—.06 • 53:17 Md. R.821 (8-21-26)

21.11.18.01—.06 • 53:19 Md. R. 960 (9-18-26)

24 DEPARTMENT OF COMMERCE

24.05.01.06, .08, .10 • 53:1 Md. R. 42 (1-09-26)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

26.04.14.01—.12 • 53:3 Md. R. 129 (2-6-26)

Subtitles 08—12 (Part 2)

26.11.09.01, .07 • 52:12 Md. R. 627 (6-13-25)

Subtitles 13—18 (Part 3)

26.13.11.01 • 52:10 Md. R. 478 (5-16-25)

26.16.08.05 • 52:26 Md. R. 1352 (12-26-25)

Subtitles 19—30 (Part 4)

26.21.01.01—.04, .07, .08, .10—.14, .18—.25, .27,.29 • 53:13 Md. R. 614 (6-26-26)

26.21.02.03—.06 • 53:13 Md. R. 614 (6-26-26)

26.21.03.05 • 53:13 Md. R. 614 (6-26-26)

26.21.04.03, .06,.09 • 53:13 Md. R. 614 (6-26-26)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

30.08.01.01—.03 • 53:17 Md. R. 825 (8-21-26)

30.08.02.01—.03, .05, .07, .09, .10 • 53:17 Md. R. 825 (8-21-26)

30.08.05.02—.24 • 53:17 Md. R. 825 (8-21-26)

30.08.11.01—.11, .13, .14 • 53:17 Md. R. 825 (8-21-26)

30.08.12.01, .03, .04, .06—.12, .14, 15 • 53:17 Md. R. 825 (8-21-26)

30.08.17.01—.09, .11—.17 • 53:17 Md. R. 825 (8-21-26)

30.08.18.01—.05, .07—.14 • 53:17 Md. R. 825 (8-21-26)

30.08.19.01—.15 • 53:17 Md. R. 825 (8-21-26)

31.04.16.02, .04—.07 • 53:19 Md. R. 963 (9-18-26)

31.08.13.04 • 53:19 Md. R. 963 (9-18-26)

33 STATE BOARD OF ELECTIONS

33.07.07.01—.03 • 52:25 Md. R. 1280 (12-12-25)

33.22.01.01 • 53:7 Md. R. 334 (4-3-26)

33.22.02.01 • 53:7 Md. R. 334 (4-3-26)

34 DEPARTMENT OF PLANNING

34.04.07.02, .03, .05 • 52:25 Md. R. 1285 (12-12-25)

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

36.03.06.01 • 52:26 Md. R. 1353 (12-26-25)

36.10.10.01 • 52:26 Md. R.1353 (12-26-25)

36.10.13.39 • 52:17 Md. R 908 (8-22-25)

37 MARYLAND DEPARTMENT OF DISABILITIES

37.01.01.01—.03 • 53:18 Md. R. 922 (9-04-26)

37.02.01.01—.13 • 53:18 Md. R. 922 (9-04-26)

37.03.01.01—.07 • 53:19 Md. R. 965 (9-18-26)

37.03.02.01—.04 • 53:19 Md. R. 966 (9-18-26)

The Governor

EXECUTIVE ORDER 01.01.2026.16

Responsible Data Center Development in Maryland: Protecting Ratepayers, Empowering Communities, and Ensuring Transparency and Accountability

WHEREAS, Maryland is receiving a growing number of proposals for large-scale data centers requiring substantial, near-continuous supplies of electricity and water, as well as significant investments in generation, transmission, distribution, and other public infrastructure;

WHEREAS, Experience from across the PJM region demonstrates that, absent appropriate safeguards, transparent planning, and cost-allocation requirements, the costs and risks associated with serving such facilities may be shifted to ordinary customers, while host communities may bear significant land-use, environmental, public-health, and infrastructure impacts without adequate opportunities for meaningful participation in decisions affecting them;

WHEREAS, Public trust depends on transparency, so that Marylanders know what projects are proposed, what they have committed to, and whether those commitments are kept, and developers are likewise entitled to a predictable process with expectations published in advance;

WHEREAS, A majority of Maryland’s counties have adopted temporary moratoria on data center development and have asked the State for guidance, and the General Assembly has commissioned a Data Center Impact Analysis Report whose findings should inform the State’s approach;

WHEREAS, Voluntary industry pledges are non-binding, and speculative proposals, undisclosed end users, duplicative interconnection requests, and shifting job predictions leave communities exposed unless developer commitments are specific, public, and enforceable;

WHEREAS, The State of Maryland has enacted among the strongest large-load protections in the country through the Next Generation Energy Act of 2025 and the Utility RELIEF Act of 2026, alongside statutory commitments on greenhouse gas emissions and protections of its water, air, land, and the Chesapeake Bay, and will not permit those protections to be circumvented, diluted, or outrun;

WHEREAS, Data centers depend on reliable energy, water, communications, and other critical infrastructure, and the increasing interdependence between these systems can create cybersecurity, physical security, and resilience risks with consequences for public safety, economic security, and national security;

WHEREAS, The development of large-scale data centers may create additional security and resilience needs for the critical infrastructure and public services that support them, and Maryland residents, local governments, and utility customers should not bear costs reasonably attributable to addressing those additional needs; and

WHEREAS, The Administration is committed to ensuring that Marylanders do not bear increased energy costs or reliability risk from large-scale data center demand; that Marylanders participate in any economic benefits stemming from these projects, including job creation; that communities have a voice in whether and how projects proceed; that Maryland’s environment is protected; and that the State’s engagement with developers is transparent and accountable, through a single, coordinated framework with a public record of every project and commitment.

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. PURPOSE AND POLICY.

1. It is the policy of the State that data center development proceed in Maryland only in a manner consistent with the Maryland Data Center Framework established in Section D of this Order (the “Framework”), and that the State’s engagement with data center projects, including permits, approvals, incentives, and other discretionary support, be informed by each project’s demonstrated alignment with the Framework.

2. It is further the policy of the State that its engagement with developers be conducted in the open, with expectations published in advance and every project’s commitments recorded publicly, so that projects that meet those expectations can proceed efficiently, projects that do not are identified early, and developers and the State alike are held accountable.

B. DEFINITIONS.

1. “Dashboard” means the Maryland Data Center Dashboard established in Section G of this Order.

2. a. For purposes of this Order, “data center” means a facility, or campus of facilities, in the State principally used to house networked computing, data storage, and telecommunications equipment, together with associated power and cooling infrastructure, with a projected or actual peak electric demand of 25 megawatts or more, including an expansion of an existing facility that adds 25 megawatts or more of peak electric demand, or the definition of “Large Load Customer” defined at Md. Code Ann., Public Utilities §7-232.

b. For the purposes of this Order, “data center” does not include a facility owned or operated by, or principally dedicated to the research, clinical, or institutional mission of, an accredited institution of higher education, a health care institution, or a facility operated by or principally serving a State agency or the United States Department of Defense, as confirmed by the Chair on a project-by project basis upon the recommendation of the Task Force.

3. “Developer” means any person or entity that proposes, owns, develops, or operates a data center, including any parent, affiliate, anchor tenant, or site-selection agent acting on its behalf.

4. “Non-disclosure agreement (NDA)” means a legally binding contract between two or more parties to prevent the release of certain confidential information. An NDA does not include an agreement required to access confidential information needed to participate in an administrative, regulatory, or legal proceeding, an agreement by which State agency requesters access Critical Energy/Electric Infrastructure Information (CEII) pursuant to 18 C.F.R. § 388.113, or an agreement necessary to meet statutory or legal obligations.

5. “Executive Department agency” means any unit of the Executive Branch under the direction of the Governor.

6. “Framework Determination” means the Task Force’s written finding under Section E of this Order regarding a project’s alignment with the Framework set forth in Section D of this Order.

7. “Host jurisdiction” means each county and municipality in which a data center is proposed to be located or that would provide water, wastewater, or emergency services to a data center.

8.

a. “State engagement” means any discretionary action by an Executive Department agency with respect to a data center project, including the review, timing, conditioning, and issuance of State permits and approvals; State incentives, tax credits, exemptions, grants, loans, and financing; State land, infrastructure, and site-selection assistance; letters of support; advocacy on a project’s behalf before PJM Interconnection, LLC (“PJM”), the Federal Energy Regulatory Commission (“FERC”), a utility, or any other body; and any other discretionary support.

b. “State engagement” does not include participation in any proceeding or stakeholder process before the Public Service Commission, PJM, FERC, or any other body to protect the interests of the State or its ratepayers, including positions on rules, tariffs, market design, or planning matters of general applicability and positions adverse to, or seeking conditions on, a project; or communications with a developer, utility, PJM, FERC, or any other body to obtain information or to administer this Order.

9. “Statement of Commitments” means the signed instrument described in Section E.3 of this Order.

10. “Task Force” means the Maryland Data Center Accountability Task Force established in Section C of this Order.

C. MARYLAND DATA CENTER ACCOUNTABILITY TASK FORCE.

1. Establishment. There is a Maryland Data Center Accountability Task Force (“Task Force”), administered and staffed by the Governor’s Office (the “Office”), to coordinate the State’s review of data center projects, administer the Framework set forth in Section D of this Order, and serve as the State’s single point of contact on data center development.

2. Membership. Members of the Task Force shall include:

a. The Chair of the Task Force, designated by the Governor;

b. Director of the Maryland Energy Administration, or the Director’s designee;

c. Secretary of Commerce, or the Secretary’s designee;

d. Secretary of Labor, or the Secretary’s designee;

e. Secretary of the Environment, or the Secretary’s designee;

f. Secretary of Natural Resources, or the Secretary’s designee;

g. Secretary of Agriculture, or the Secretary’s designee;

h. Secretary of Planning, or the Secretary’s designee; and

i. Other members invited to participate at the discretion of the Chair.

3. Cooperation. All Executive Department agencies shall cooperate with and assist the Task Force and the Office in carrying out this Order, including by designating a senior liaison within 30 days upon the Task Force’s request.

4. Duties. The Task Force shall:

a. Administer the Framework and the review process set forth in Section E of this Order;

b. Publish Framework Guidance explaining how the criteria in Section D of this Order will be applied, what developers should submit, and the form of the Statement of Commitments, taking into account the Data Center Impact Analysis Report;

c. Maintain the Maryland Data Center Dashboard established under Section G of this Order;

d. Administer the Coordinated Review Pathway set forth under Section F of this Order;

e. Support local governments under Section J of this Order;

f. Coordinate the agency actions set forth in Sections H through K of this Order;

g. Coordinate with neighboring states, including through the PJM Governors’ Collaborative; and

h. Recommend to the Governor actions to strengthen the State’s data center standards and the enforceability of the Framework.

D. THE MARYLAND DATA CENTER FRAMEWORK: PRINCIPLES AND EVALUATION CRITERIA.

1. Structure and Application. The Framework consists of the five principles set forth in this Section and the criteria that accompany each. The principles articulate the outcomes the State expects every developer to achieve; the criteria are the considerations the Task Force may weigh, among other factors, in determining whether a project achieves them. No single criterion is dispositive, and the Task Force shall weigh the criteria holistically in light of the project’s scale, location, phase, and commitments; may consider any other relevant factor or alternative means of achieving a principle; and may amend, repeal, or establish criteria at the Chair’s discretion. The criteria supplement, and do not replace or excuse compliance with, any statutory or regulatory requirement, and the Task Force shall apply them consistently and explain in each Framework Determination how they were weighed.

2. Principle 1: Ratepayer and Grid Protection. Marylanders must not bear increased energy costs or reliability risk resulting from data center energy consumption. In determining whether a project achieves this principle, the Task Force shall consider, among other factors:

a. Whether the developer has an energy plan, consistent with guidance issued under Section H of this Order, that provides for: (1) the project’s full incremental energy needs without imposing costs on other ratepayers, whether through new generation co-located with or in the same Locational Deliverability Area as the project, demand response, or other approaches; (2) the extent to which the project relies on new, additional clean generation matched to the project’s consumption over time; and (3) the project’s consistency with the State’s clean energy and emissions commitments;

b. Whether the developer bears the full cost of the infrastructure and services the project requires, consistent with the Next Generation Energy Act of 2025 and the Utility RELIEF Act of 2026, and accepts guarantee or collateral requirements, minimum-bill, exit-fee, or similar protections against stranded costs from default, downsizing, or departure;

c. Whether the developer commits to curtailment or flexible-load participation during emergency and pre-emergency conditions and does not seek treatment as critical load, other than for a discrete portion of load that the Task Force finds directly supports public health, public safety, or national security functions; and

d. Whether the developer has accurately reported the project’s load to its utility and the Task Force, and has registered the project with the Public Service Commission’s Large Load Registry once the Registry is established; whether the stated load is supported by an identified end user, executed agreements, or other evidence that the project is not speculative; and whether the developer has disclosed any duplicate or parallel interconnection or siting requests for the same project elsewhere.

3. Principle 2: Economic Benefit for Marylanders. Marylanders must share in the economic benefits generated directly and indirectly by data center projects. In determining whether a project achieves this principle, the Task Force, informed by the Department of Commerce and the Department of Labor, shall consider, among other factors:

a. The number and quality of construction and permanent jobs the project will create, including whether they pay family-sustaining wages and benefits, and the project’s contribution to the State’s lighthouse sectors;

b. Whether the developer has a local hiring plan, uses Registered Apprenticeship programs and skilled construction labor, and invests in local workforce pipelines, including through the use of project labor agreements;

c. Commitments that strengthen the State’s technology and research ecosystem, such as compute access for Maryland public research institutions, research partnerships, facility access for Maryland universities and startups, or purchasing and investment commitments supporting Maryland firms; and

d. The net fiscal impact on the State and host jurisdiction after accounting for incentives and public costs, and whether economic commitments are measurable, time-bound, publicly reported, and subject to periodic review.

4. Principle 3: Community Voice. Communities must have a decisive voice and remain central to decisions about whether and how data center projects proceed within their jurisdictions. In determining whether a project achieves this principle, the Task Force shall consider, among other factors:

a. Whether the developer engaged the host jurisdiction and its residents early, before seeking any State approval or incentive, and continues to engage at significant milestones; provides accurate project information in plain language; maintains a point of contact for the host community for the life of the project; and has documented how community input shaped the project;

b. Whether the developer has negotiated, or is negotiating in good faith, a community benefits agreement with the host jurisdiction addressing matters such as phasing, noise, lighting, traffic, air quality, buffers, emergency services, financial contributions measured against the benchmark in the Guide to Data Center Development for Maryland Local Governments under Section J of this Order, additional commitments upon expansion, binding employment commitments, reporting, successor obligations, remedies, decommissioning, and periodic review; and

c. Whether the project is consistent with the host jurisdiction’s comprehensive plan and zoning and the developer has obtained, or has a credible path to obtaining, all required local approvals.

5. Principle 4: Environmental Protection. Maryland’s water, air, land, and climate commitments must be protected. In determining whether a project achieves this principle, the Task Force, informed by the Department of the Environment and the Department of Natural Resources, shall consider, among other factors:

a. Whether adequate water is available without adverse effect on existing users, water quality, or sensitive natural resources; whether the developer has analyzed cooling options to minimize consumption, including non-potable sources; and whether it publicly discloses water use and efficiency metrics;

b. The project’s air quality impacts, including the number, fuel, emissions tier, and operating hours of backup generators and their cumulative impact with proximate facilities; the extent to which the developer minimizes diesel backup generation; and whether it commits to fence-line monitoring and, where warranted, buffers;

c. Whether stormwater and discharges are managed to protect the Chesapeake Bay watershed; whether the project is sited on previously developed or brownfield land consistent with the State’s Smart Growth policies; and whether it avoids and mitigates impacts on overburdened communities;

d. Whether the developer has a decommissioning plan, supported by financial assurance, for the removal of equipment, responsible disposal of electronic waste, and restoration or reuse of the site, and whether the project’s greenhouse gas emissions are consistent with the State’s statutory reduction requirements; and

e. Whether the selected site contains prime soils or soils of statewide importance, is involved in active agricultural production, and whether there are nearby alternative placements that minimize agricultural impact.

6. Principle 5: Transparency and Accountability. Data center development must be transparent to the public, and developers must be accountable for the commitments they make. In determining whether a project achieves this principle, the Task Force shall consider, among other factors:

a. Whether the developer has disclosed its parent company, any person or entity that controls it, and, to the extent known, any anchor tenant that will use a majority of the facility’s capacity;

b. Whether the developer has executed a Statement of Commitments, consented to its publication on the Dashboard, and committed to annual public reporting and verification under Section G of this Order; and

c. Whether the developer has been accurate and complete in its representations to the State, host jurisdictions, and utilities, including on load, timing, end users, and jobs, and its record on commitments for other projects.

E. PROJECT REVIEW AND FRAMERWORK DETERMINATIONS.

1. Intake and Baseline Assessment. A project is subject to review under this Section upon the earliest of an application or written request by the developer for any State engagement; a referral by a member agency, the Public Service Commission, or a host jurisdiction; or a voluntary request by the developer for a Framework Determination, which may be made at any time. Within 60 days of intake, the Task Force shall complete a preliminary baseline assessment against each principle, notify the host jurisdiction, and list the project on the Dashboard.

2. Developer Engagement. Within 30 days of notification and listing, the Task Force shall initiate contact to meet with the developer, to communicate expectations and identify the information and commitments necessary to achieve each principle.

3. Statement of Commitments. The Task Force shall invite the developer to submit a Statement of Commitments, in the form prescribed in the Framework Guidance, that: (1) sets out for each principle the developer’s specific, measurable commitments, including to the host jurisdiction, and the milestone for each; (2) consents to publication on the Dashboard and to annual reporting under Section G of this Order; (3) provides that the commitments run with the life of the project and bind any successor or assignee; and (4) is signed by an officer authorized to bind the developer.

4. Framework Determination. After receiving a complete Statement of Commitments, or after the developer’s declination to meet, the Task Force shall issue a written Framework Determination finding the project “Aligned,” where it achieves each principle; “Conditionally Aligned,” where it will achieve each principle upon fulfillment of specified commitments by specified milestones; or “Not Aligned,” where it does not achieve one or more principles or the developer has declined to submit a Statement of Commitments or necessary information. Each Determination shall state findings on each principle, explain how the criteria were weighed, and identify any conditions; the Task Force shall consider comments from the host jurisdiction and the public before issuing it; and the Determination and Statement of Commitments shall be published on the Dashboard, subject to Section G.5 of this Order.

5. Reconsideration and Reassessment. A developer may request reconsideration within 30 days of a Determination by submitting additional information or commitments, and the Task Force shall act within 30 days. The Task Force may reassess each project at significant milestones, including security of necessary permits, commencement of construction, and commercial operation; upon any material change, including in ownership, anchor tenant, load, energy plan, water source, or site; annually upon receipt of the annual report; and upon credible information that a commitment has not been kept or a representation was materially inaccurate. Following reassessment, the Task Force may revise the Determination and shall publish a performance status of “Performing,” “Under Review,” or “Non-Performing.”

6. Projects Not Seeking a Determination. A developer that does not seek a Framework Determination remains subject to all applicable law but is not eligible for the Coordinated Review Pathway or the other State engagement described in Section F.3 of this Order, and the Dashboard shall so indicate.

F. FRAMEWORK COMPLIANCE AND COORDINATED REVIEW.

1. Consideration by All Executive Department Agencies. To the fullest extent consistent with law, every Executive Department agency shall consider a project’s Framework Determination, Statement of Commitments, and performance status in exercising any discretion with respect to State engagement, including the priority, timing, sequencing, and conditions of State permits and approvals; eligibility for and the terms of State incentives, grants, loans, and financing; State land, infrastructure, and site-selection assistance; letters of support and advocacy on a project’s behalf before PJM, FERC, a utility, or any other body; and any other discretionary support. To the extent permitted by law, an agency may incorporate commitments in a Statement of Commitments as conditions of a permit, approval, or other State engagement within its authority.

2. Coordinated Review Pathway. The Task Force shall establish a Coordinated Review Pathway available to any project with a Framework Determination of “Aligned” or “Conditionally Aligned.” Under the Coordinated Review Pathway, Executive Department agencies shall review their respective applications concurrently with local permit approvals and report their timelines and the status of each approval to the Dashboard.

3. Projects Not Aligned. For a project with a Determination of “Not Aligned” or a status of “Non-Performing,” or for which no Determination has been sought, to the fullest extent consistent with law: no Executive Department agency shall provide the Coordinated Review Pathway, facilitation, letters of support, or advocacy on its behalf; agencies shall defer substantive review until the developer documents all required local land use approvals, consistency with the host jurisdiction’s comprehensive plan, and any required water appropriation or wastewater discharge authorization; the Department of Commerce shall not recommend, certify, or approve any discretionary State incentive for the project; and the Dashboard shall display the project’s status and the basis for it.

4. Incentive Agreements. To the fullest extent consistent with law, the Department of Commerce and every other Executive Department agency that awards a discretionary incentive, grant, loan, or financing to a data center project shall require, as a condition of application, a Determination of “Aligned” or “Conditionally Aligned” and incorporate the Statement of Commitments into the incentive agreement as enforceable terms, with milestones, reporting, clawback provisions, successor assumption, and a performance review at least every five years; and report to the Task Force any failure to satisfy those terms.

G. TRANSPARENCY, ACCOUNTABILITY, AND PUBLIC TRUST.

1. Maryland Data Center Dashboard. The Task Force shall create and maintain a publicly accessible Maryland Data Center Dashboard (“Dashboard”) as the State’s public record of data center development, updated no less than monthly, and administered by the Office in consultation with the Department of Commerce and the Maryland Energy Administration. For every project subject to review under Section E of this Order, the Dashboard shall include the project’s location, host jurisdiction, and legislative districts; the developer, its parent company, and any disclosed anchor tenant; projected peak demand, water use, and a summary of the energy plan; its registry status with the Public Service Commission’s Large Load Registry, once established; each State engagement requested and its status, responsible agency, timeline, and decision; the baseline assessment, Determination, and any reassessment, with rationale; the Statement of Commitments and performance status; annual reports; any community benefits agreement the host jurisdiction elects to publish; the developer’s community point of contact; and a means for the public and host jurisdictions to comment. The Dashboard may also present aggregate statewide information on projects at each stage, their projected energy demand and water use, and performance against commitments, including aggregate Large Load Registry information published by the Public Service Commission, once established.

2. Prohibition on NDAs. No Executive Department agency shall enter into, renew, or extend an NDA with a data center developer, operator, or site-selection agent concerning a proposed or existing data center project. An agreement executed before the effective date of this Order shall be honored but not renewed or extended.

3. Developer Disclosure and Attestation. As a condition of a Determination of “Aligned” or “Conditionally Aligned” and, to the extent permitted by law, of any State engagement, a developer shall disclose to the Task Force, and consent to publication of, its identity, parent company, controlling entities, and anchor tenant; the project’s projected energy demand, water use, and energy plan; and any duplicate interconnection or siting requests for the same project, and shall attest to the accuracy and completeness of each submission.

4. Annual Reporting by Data Centers. The Maryland Energy Administration and the Department of the Environment, in consultation with the Department of Commerce and the Department of Labor, shall establish a standard annual report form using standardized metrics, such as power usage effectiveness and water usage effectiveness, so that reported information can be compared across facilities and verified against what was represented at permitting. Each Statement of Commitments shall include a commitment to file the report on an annual basis, or more frequently as the Task Force specifies, and Executive Department agencies shall, to the extent permitted by law, require it as a condition of State engagement. The report shall include monthly electricity and fuel consumption, sources, peak demand, and backup-generator operating hours; monthly water withdrawal and consumption by source and use; construction and operations employment, wages, local hiring, and apprenticeship utilization; payments under any community benefits agreement; efficiency, on-site generation, and environmental protection measures; projected demand for the following year; any change in ownership, control, or anchor tenant; and progress against each commitment. The Maryland Energy Administration and the Department of the Environment may verify reports against utility, Public Service Commission, PJM, and permit records, and a determination by the Task Force of a material misstatement shall trigger reassessment under Section E.5 of this Order.

5. Task Force Transparency and the Public Information Act. The Task Force shall publish on the Dashboard its meeting schedule and summaries, the Framework Guidance, every Determination, each agency’s performance against its timelines under the Coordinated Review Pathway, and the time elapsed for each project from intake to baseline assessment and to Determination. Task Force members and staff shall act consistent with the Maryland Public Ethics Law and shall not participate in reviewing a project in which they have a financial interest. The Dashboard and all publications under this Order shall be administered consistent with the Maryland Public Information Act, including its protections for trade secrets and confidential commercial information; a developer asserting protection shall identify the specific information and basis, and the Task Force shall note on the Dashboard where information has been withheld and why.

6. Annual Report to the Governor. The Task Force shall submit to the Governor, and publish on the Dashboard, an annual report by December 1 of each year beginning in 2027, developed by the Maryland Energy Administration with the Departments of the Environment and Commerce, that includes the status, Determination, and performance of each data center project and, for operating facilities, actual energy and water consumption, employment, and environmental impacts; the aggregate impact of operational and pipeline data centers, to the extent practicable, on the State’s electric system, water resources, and economy; the Task Force’s performance in reviewing projects and performance improvement recommendations where necessary; and recommendations for legislative, budgetary, regulatory, or administrative actions, including any authority needed to strengthen the enforceability of the Framework and an evaluation of the State’s incentives supporting data center development. The Task Force shall also submit an interim report to the Governor on implementation of this Order.

H. RATEPAYER AND GRID PROTECTION.

1. Energy Plan Guidance. The Director of the Maryland Energy Administration, with the Task Force, shall issue guidance and a template for the developer energy plans considered under Section D of this Order, describing approaches by which a developer may provide for a project’s incremental energy needs without imposing costs on other ratepayers. The plan may include new clean generation, co-located or contracted within the same PJM Locational Deliverability Area and offered into PJM’s markets; the project’s own or aggregated demand response offered into PJM’s capacity market; on-site generation; and alternatives to diesel backup generation, with a written explanation if determined to be infeasible. The guidance shall make clear that these approaches are illustrative, that a developer may propose any alternative that achieves the principle, and that an energy plan will be evaluated by its outcome for ratepayers rather than its conformity to any approach. The Director may explore additional pathways to the same end with the Public Service Commission, PJM, institutions of higher education, and other stakeholders, reporting to the Energy Subcabinet and the Task Force.

2. Advocacy Before the Public Service Commission and Regional Bodies. The Director shall, on behalf of the Administration and in coordination with the Task Force, engage with and advocate before the Public Service Commission, PJM, and FERC for rules, tariffs, and orders that, consistent with the Next Generation Energy Act of 2025 and the Utility RELIEF Act of 2026: ensure that data center customers pay the full cost of the infrastructure and services required to serve them, including through minimum-bill, exit-fee, creditworthiness, collateral, and minimum-term protections; allocate to the responsible data center customers the costs of any PJM Reliability Backstop Procurement, including upon insolvency or default; provide for curtailment of data center load before other customers during emergency conditions except to the extent its demand is covered by new capacity that qualifies under applicable Public Service Commission, PJM, and FERC rules, and prevent its classification as critical load, except for a discrete portion of load demonstrated to directly support public health, public safety, or national security functions; require accurate registration of large loads with the Large Load Registry and PJM and remove speculative projects from interconnection queues through fees, deposits, milestones, and disclosure of duplicate requests; advance flexible-load, demand-response, and clean-capacity participation; establish a ratepayer protection or grid investment mechanism funded by data center contributions, including a security pool against stranded costs from speculative or canceled loads; and require data centers to fund new clean generation or storage dedicated to their operations to the greatest extent feasible.

3. Large-Load Interconnection Working Group. The Director shall convene a Large-Load Interconnection Working Group under the Energy Subcabinet, including the electric utilities and, at their election, the Public Service Commission, the Office of People’s Counsel, and PJM, to review the utilities’ practices and methodologies for studying the system impacts of data centers and other large loads, estimating and allocating the resulting costs, and screening speculative requests, and to identify and resolve issues that impede the efficient interconnection of projects that meet the Framework. The Working Group shall report its findings and recommendations to the Task Force.

I. ECONOMIC BENEFIT FOR MARYLANDERS

1. The Department of Commerce and the Department of Labor shall jointly issue guidance describing the information the Task Force will consider under Section D.3 of this Order, including standard methods for measuring jobs, wages, local hiring, Registered Apprenticeship utilization, and net fiscal impact, and model provisions for local hiring plans and workforce investment commitments. The Department of Labor shall coordinate with local workforce development boards, community colleges, and Registered Apprenticeship sponsors in each host jurisdiction to connect data center employment and training commitments to Maryland workers.

2. In administering the sales and use tax exemption for qualified data center personal property and every other incentive for which a data center project may apply, the Department of Commerce shall, to the extent permitted by law, incorporate the requirements of this Order into its application and certification procedures, and shall report to the Task Force each application received and each certification issued.

J. COMMUNITY VOICE AND SUPPORT FOR LOCAL GOVERNMENTS.

1. Local Government Guide. Local governments are often the first public bodies a developer approaches and bear a data center project’s most direct consequences. The Task Force, through the Department of Planning and in coordination with the other member agencies, shall publish a Guide to Data Center Development for Maryland Local Governments focused on what counties and municipalities should consider when approached by a developer, including:

a. How a jurisdiction can determine in advance whether, where, and under what conditions it will consider data center development; what to ask a developer at first contact, including questions about the end user, electricity demand and water needs, energy plan, and timeline; and how to identify speculative proposals, including through Transmission Security Agreements (TSAs);

b. How data center load affects local ratepayers, utility infrastructure, and water supply, and how the Next Generation Energy Act of 2025, the Utility RELIEF Act of 2026, and Public Service Commission tariffs allocate costs;

c. Land use tools, including model zoning provisions that define data centers as a distinct use, conditional-use review, setbacks, and standards for noise, lighting, and buffering, together with traffic, emergency-services, and environmental considerations;

d. Fiscal considerations, including the interaction of State and local incentives, long-term analysis of any tax abatement, reopener terms, and service costs, together with a recommended community investment benchmark per megawatt of peak demand informed by other states, a model community investment fund, and eligible investments such as infrastructure, housing, workforce training, schools, childcare, and broadband;

e. Community benefits agreements and Development Rights and Responsibilities Agreements, including model terms addressing measurable standards, binding employment commitments, reporting, successor obligations, remedies, decommissioning, and periodic review, and the risks of non-disclosure agreements and how to limit any such agreement to information protected under the Maryland Public Information Act;

f. The State approvals a project will require, how local approvals interact with State review under Section F of this Order, and how to engage the Task Force; and

g. Other information deemed relevant and necessary by the Task Force.

2. The Task Force shall develop the Guide in consultation with the Maryland Association of Counties, the Maryland Municipal League, regional planning organizations, utilities, organized labor unions, community organizations, and the Office of People’s Counsel, and update it annually.

3. Weight Given to Local Decisions. Consistent with Section F of this Order, the Task Force and Executive Department agencies shall give weight to the host jurisdiction’s land use decisions and comments. A project that has been denied a required local approval shall not receive a Determination of “Aligned” or “Conditionally Aligned” while that denial stands.

K. ENVIRONMENTAL PROTECTION.

1. Developer Guidance and Permit Review. The Department of the Environment shall issue guidance for developers describing the permits it administers that a data center may require; the information it will need to evaluate water supply, cooling alternatives, stormwater, discharges, and backup-generator emissions; and its expectations under Section D of this Order. In exercising its authority over water appropriation, discharge, stormwater, and air quality permits for data center projects, the Department shall, to the extent permitted by law, require demonstration that adequate water is available without adverse effect on existing users, system reliability, water quality, or sensitive natural resources; require analysis of cooling options, including closed-loop and air-cooled systems and reclaimed water, to reduce potable water use; require ongoing public disclosure of water withdrawal and consumption; ensure that stormwater and discharges protect the Chesapeake Bay watershed; encourage fence-line air quality monitoring and vegetative buffers; work with host jurisdictions and the State’s environmental justice bodies to identify stressors in overburdened communities; and ensure compliance with State greenhouse gas requirements.

2. Regulatory Reviews and Brownfield Siting. The Department of the Environment shall evaluate, and report to the Task Force, whether its regulations governing backup-generator emissions should be updated to address newer technologies or emissions controls, including whether Tier 4 or equivalent standards should apply, the cumulative impact of multiple generators at a facility or proximate facilities, and the deployment of backup generators as grid resources; and shall assess whether its water appropriation regulations, reporting requirements, and guidance accurately reflect the water demands of data centers and other large users, including consumptive use, reuse, drought conditions, and cumulative effects on aquifers, surface waters, and public water systems, reporting to the Task Force the actions it identifies as necessary. The Department, with the Departments of Natural Resources and Commerce and the Maryland Energy Administration, shall identify mechanisms to expedite permitting for clean generation and storage that serve data centers on brownfield and previously developed sites, including through the Voluntary Cleanup Program.

L. GENERAL PROVISIONS.

1. This Order shall be implemented consistent with all applicable statutes and regulations, and shall not contravene any State or federal law or affect the State’s receipt of federal funding. Nothing in this Order shall be construed to supersede, modify, or contravene any statute or regulation; to require or authorize any agency to deny, delay, or condition a permit or approval on any ground not authorized by law, or to withhold any benefit to which a person is entitled to by law; or to direct any authority vested by law in the Public Service Commission, the Office of People’s Counsel, or any other independent unit.

2. This Order does not create any right or benefit, substantive or procedural, enforceable as law or in equity by any party against the State, its agencies or units, or its officers, employees, or agents.

3. This Order operates prospectively. A Framework Determination, Statement of Commitments, or performance status, or the absence of one, shall inform only State engagement for which a developer applies or makes a written request after the effective date of this Order, whether or not the project has other applications pending or approvals in hand on that date. An application for a State permit, approval, or authorization that was submitted to an Executive Department agency on or before the effective date, in a form the receiving agency determines was administratively complete, shall be governed by the laws and procedures in effect at the time it was submitted. A permit, approval, authorization, or incentive certification issued on or before the effective date of this Order is not affected by this Order, and its renewal, or a modification that does not increase the project’s peak electric demand, water use, or permitted emissions, is not a new application for the purposes of this paragraph. This paragraph does not limit the application of Section G.2 of this Order; the listing of any project on the Dashboard on the basis of publicly available information; or the application of any statute, regulation, tariff, or order. A developer may request a Framework Determination under Section E.1 of this Order at any time.

4. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF MARYLAND, in the City of Annapolis, this 23^rd Day of September 2026.

WES MOORE

Governor

ATTEST

SUSAN LEE

Secretary of State

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

* * * * * * * * * *

This is to certify that by a Per Curiam Order of this Court dated September 11, 2026 ARYA SALEH (CPF# 0912170115) as of September 11, 2026, Arya Saleh, has been disbarred, effective immediately, and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

* * * * * * * * * *

[26-20-12]

Emergency Action on Regulations

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• Roman type indicates text existing before emergency status was granted.

• Italic type indicates new text.

• [Single brackets] indicate deleted text.

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 02 TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM

11.02.03 Leave Benefits

Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland

Notice of Emergency Action

[26-115-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .11, the adoption of new Regulation .19, and the recodification of existing Regulations .19 and .20 to be Regulations .20 and .21 under COMAR 11.02.03 Leave Benefits.

Emergency status began: September 4, 2026.

Emergency status expires: March 3, 2027.

Estimate of Economic Impact

The emergency action has no economic impact.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.11 Other Forms of Leave with Pay.

A. When an employee has obtained appropriate supervisory approval and provided such documentation as may be required, leave with pay shall be authorized for the situations set forth in §§B.—[D.] C of this regulation.

B.—C. (text unchanged) 

[D. Parental Leave. An employee who is the primary caregiver responsible for the care and nurturing of the employee’s child may, upon request, be granted up to 60 days of paid parental leave within 6 months following the birth of a child or adoption of a child younger than 6 years old. The employee shall exhaust all annual and personal leave before the employee may request parental leave to attain a total of 60 days of paid leave after the birth or adoption of a child.]

.19 Paid Family Medical Leave (PFML).

A. Definitions. In this regulation, the following terms have the meanings indicated.

(1) “Good cause” means a demonstration by an employee that a failure to timely file a PFML application, revision, reconsideration request, or appeal was due to:

(a) A serious health condition that resulted in an unanticipated and prolonged period of incapacity and that prevented the employee from filing in a timely manner;

(b) A demonstrated inability to reasonably access a means to file in a timely manner, such as due to a natural disaster or power outage; or

(c) A demonstrated failure of the appointing authority or Department to provide notice of dispute resolution procedures after the issuance of an adverse determination.

(2) “PFML” means leave from work taken under State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland, that is paid at the employee’s regular rate of pay.

(3) “Qualifying exigency” means any of the following reasons for which leave may be needed by a family member of a service member:

(a) The service member has received notice of deployment within 7 days before the deployment is to begin;

(b) To attend military events and related activities including family support programs related to the active duty of the service member;

(c) To arrange, provide, or attend childcare or school activities only when the service member is on active-duty call or active-duty status; or

(d) To make financial and legal arrangements for the service member’s absence or because of the absence.

(4) Serious Health Condition.

(a) “Serious health condition” means an illness, an injury, an impairment, or a physical or mental condition that involves:

(i) Inpatient care in a hospital, hospice, or residential health care facility;

(ii) Continued treatment by a licensed health care provider; or

(iii) Continued treatment or supervision at home by a licensed health care provider or other competent individual under the supervision of a licensed health care provider.

(b) “Serious health condition” includes an illness, an injury, an impairment, or a physical or mental condition described in §A(4) of this regulation that continues over an extended period of time and requires intermittent treatment.

(5) “Service member” means an individual who is an active duty or former member of:

(a) The United States armed forces;

(b) A reserve component of the United States armed forces; or

(c) The National Guard of any state.

(6) “Treatment” includes:

(a) Examinations or testing to determine the extent to which a serious health condition exists or persists;

(b) Ongoing or periodic evaluations of the serious health condition; and

(c) Actual treatment by a health care provider.

B. Amount of Leave.

(1) The appointing authority or appointing authority designee shall notify the employee of the employee’s eligibility to take leave for which benefits may be under this regulation within 5 business days, when employee’s requests leave under PFML, or when a designee knows that an employee’s leave may be for a reason under this regulation.

(2) Except as provided in §B(3) of this regulation, an employee may not receive more than 12 weeks of PFML in an application year.

(a) The employee may receive payment for up to 480 hours at the employee’s regular rate of pay.

(b) 480 hours is the maximum amount of paid PFML regardless of whether the employee uses PFML for a continuous period of time, intermittently, or combination.

(c) If a State employee holiday is observed during the employee's continuous period of PFML, the State employee holiday will be counted toward the employee's total amount of PFML.

(3) An employee may receive an additional 12 weeks of PFML during the same application year if the employee:

(a) Received leave because the employee was eligible for leave to care for a newborn child of the employee during the first year after the child’s birth, or because a child is being placed for adoption, foster care, or kinship care with the employee or to care for or bond with the child during the first year after the placement;

(b) Becomes eligible for leave to attend to a serious health condition that results in the employee being unable to perform the functions of the employee’s position;

(c) Received leave because the employee was eligible for leave to attend to a serious health condition that results in the employee being unable to perform the functions of the employee’s position; or

(d) Becomes eligible for leave to care for a newborn child of the employee during the first year after the child’s birth; or because a child is being placed for adoption, foster care, or kinship care with the employee or to care for or bond with the child during the first year after the placement.

C. Use of Leave. An employee may request PFML only:

(1) To care for a newborn child of the employee during the first year after the child’s birth;

(2) Because a child is being placed for adoption, foster care, or kinship care with the employee or to care for or bond with the child during the first year after the placement;

(3) To care for a family member with serious health condition;

(4) To attend to a serious health condition that results in the employee being unable to perform the functions of the employee’s position;

(5) To care for a service member with a serious health condition resulting from military service for whom the employee is next of kin;

(6) To attend a qualifying exigency arising out of the deployment of a service member who is a family member of the employee;

(7) To attend counseling that:

(a) Is needed due to the active duty or call to active-duty status of the service member; and

(b) Is provided by an individual who is not a licensed health care provider;

(8) To spend up to 15 calendar days with a service member who is on short-term temporary rest and recuperation leave during the period of deployment;

(9) To attend post deployment activities including reintegration services for a period of 90 days immediately following the termination of active status;

(10) To attend to matters related to the death of the service member while on active-duty status;

(11) To arrange for or provide alternative care for a parent of the service member when the parent is incapable of self-care and the covered active duty or call to active duty necessitates a change; or

(12) Any other issues that arise out of active duty or a call to active duty that an appointing authority and employee agree should be covered.

D. If PFML is to be taken on an intermittent schedule, the employee shall:

(1) Request intermittent leave in increments of 4 hours or more;

(2) Make a reasonable effort to schedule the intermittent leave in a manner that does not cause significant difficulty or expense in relation to the resources and specific operations of the agency’s operations; and

(3) Provide the agency with reasonable and practicable prior notice of the reason, dates, and duration for which intermittent leave is necessary.

E. Qualifying Purpose.

(1) An employee who requires leave for a qualifying purpose while a request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave.

(2) An employee who uses accrued leave for a qualifying purpose while a request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved.

(3) An employee who is on unpaid leave while a request for PFML is pending will receive PFML retroactive to the approved start date of the PFML.

F. Overpayment.

(1) If the employee receives an overpayment of PFML, the employee shall reimburse the employee’s agency in the amount of the overpayment.

(2) If the employee fails to reimburse the employee’s agency for the amount of the overpayment, the agency shall take collection action set forth in COMAR 17.01.01.06.

G. Application for Leave.

(1) An employee may request PFML by submitting an application, on the PFML form, to the employee’s appointing authority or appointing authority designee.

(a) If the need for leave is not foreseeable, an application shall be submitted as soon as practicable, which may be up to 60 days before the anticipated start date of the leave, but not later than 60 days after the start date of the leave, unless good cause can be shown.

(b) If the need for leave is foreseeable, an appointing authority may require an employee to provide the appointing authority with written notice of the employee’s intention to take leave at least 30 days before the start date of leave.

(c) The employee’s appointing authority or appointing authority designee may submit an application on behalf of an employee if extenuating circumstances prevent the employee from submitting an application.

(2) A request for PFML shall be accompanied by the documentation required by the application.

(3) The employee’s appointing authority or appointing authority designee shall render a decision on a request for PFML within 5 working days after receiving a complete application.

(4) Incomplete Applications.

(a) An appointing authority or appointing authority designee shall not render a decision on an incomplete application.

(b) An incomplete application will be returned to the employee.

(c) The requirement to render a decision within 5 working days as specified, does not apply to an incomplete application.

(5) Updating an Application

(a) An employee shall update an application within 10 days, or as soon as practicable with good cause shown, of any changes to the following information provided on an application:

(i) Reason for leave;

(ii) Start date of leave;

(iii) Duration of leave;

(iv) End date of leave; or

(v) Whether the employee has begun to receive Workers’ Compensation.

(b) An employee’s failure to update a request for PFML with any changes to the information provided on an application may result in a denial of the employee’s application or result in the employee being responsible for any overpayment.

H. Criteria for Reviewing Requests for Paid Family Medical Leave.

(1) An appointing authority may approve a request for PFML if the employee has submitted a complete application, with the required documentation and:

(a) Has not already exceeded the 12-week leave period; or

(b) Is qualified for an additional 12-week leave period set forth in this policy.

(2) A denial of an employee’s application for PFML by the appointing authority or the appointing authority designee, shall include the reason for the denial in writing and the notice of dispute resolution procedures.

I. Documentation.

(1) An employee shall submit required documentation with the employee’s application for PFML to the employee’s appointing authority or appointing authority designee.

(2) An appointing authority or the Department may require employees to attest that information provided in their applications is true to the best of their knowledge.

(3) Documentation submitted with an application for PFML shall be treated as confidential.

(a) Documentation shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, approval, reconsideration, or appeal process.

(b) An employee who fails to maintain the confidentiality of documentation is subject to disciplinary action, up to and including termination.

(4) An employee requesting PFML under COMAR 11.02.03.19 shall provide:

(a) The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and

(b) Documentation of the birth or placement of the child with one of the following:

(i) A certification of live birth;

(ii) Documentation of placement from a licensed child placement agency or government agency responsible for child placement, and documentation of any court appearances, appointments, or travel in anticipation of placement, if applicable, including a court order or an affidavit of an informal kinship care arrangement; or

(iii) Other reasonable documentation determined by the Department.

(5) An employee requesting PFML to care for a family member with a serious health condition, shall include a statement of the employee’s relationship to the family member and a complete certification form, provided by the Department, from a licensed health care provider, establishing:

(a) The first date on which the employee intends to take or took PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently;

(b) Date of diagnosis;

(c) The date on which the serious health condition of the family member commenced;

(d) The probable duration of the serious health condition;

(e) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;

(f) A statement that the employee needs to care for a family member and an estimate of the amount of time required to provide the care; and

(g) If intermittent PFML leave is requested, the expected frequency and duration of the intermittent PFML.

(6) An employee requesting PFML for the employee’s own serious health condition, shall include a complete certification form, provided by the Department, from a licensed health care provider, establishing:

(a) The first date on which the employee intends to take or took PFML and whether the PFML will, or is intended to be, taken for a continuous period of time or intermittently;

(b) The date on which the serious health condition of the employee commenced;

(c) Treatment dates;

(d) Period of incapacity;

(e) The probable duration of the serious health condition;

(f) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;

(g) A statement that the employee is unable to perform the functions of the employee’s position; and

(h) If intermittent PFML is requested, the expected frequency and duration of the intermittent PFML.

(7) An application for PFML for a service member with a serious health condition for whom the employee is next of kin, shall include a statement of the employee’s next of kin relationship to the service member and a complete certification form, provided by the Department, from a licensed health care provider, establishing:

(a) That the serious health condition was caused, or exacerbated by, military service;

(b) The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently;

(c) The date on which the serious health condition of the service member commenced or was exacerbated;

(d) The probable duration of the serious health condition;

(e) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; and

(f) If intermittent PFML is requested, a statement that the employee needs to care for a service member and the expected frequency and duration of the intermittent PFML.

(8) An application for PFML for a qualifying exigency arising out of the deployment of a service member who is a family member of the employee shall include:

(a) A copy of the family member’s active duty orders or other documentation issued by the military that indicates that the service member is on active duty or called to active duty, and the dates of the service member’s active duty status;

(b) The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and

(c) A statement of the employee’s family member relationship to the service member.

J. Reconsideration.

(1) An employee or authorized representative may request reconsideration of an appointing authority or appointing authority designee’s denial of PFML.

(2) A reconsideration request shall be in writing to the Department’s Office of Personnel Services and Benefits on a form prescribed by the Secretary.

(3) A reconsideration request shall state the reasons the employee believes the initial denial should be overruled and may include supporting documentation.

(4) A reconsideration request shall be filed within 30 days after the employee receives a denial from the appointing authority or appointing authority designee unless good cause can be shown.

(5) A decision on the reconsideration request shall be issued in writing by the Department within 10 working days and include the notice of dispute resolution procedures.

(6) An employee who requires leave for a qualifying purpose while a reconsideration request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave.

(a) An employee who uses accrued leave for a qualifying purpose while a reconsideration request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved.

(b) An employee who is on unpaid leave while a reconsideration request for PFML is pending will receive PFML retroactive to the approved start date of PFML.

K. Appeals.

(1) If the denial of PFML is upheld after reconsideration, an employee or authorized representative may appeal the denial of PFML to the Department’s Chief Human Resources Officer or designee.

(2) The appeals process is available only to employees who have completed the reconsideration process as described in §J of this regulation.

(3) An appeal shall be in writing to the Department’s Chief Human Resources Officer or designee on a form prescribed by the Secretary.

(4) An appeal shall state the reasons the employee believes the reconsideration decision should be overruled and may include supporting documentation.

(5) An appeal shall be filed within 30 days after the employee receives a reconsideration decision from the Department’s Office of Personnel Services and Benefits unless the employee can show good cause.

(6) When an appeal is filed with the Department’s Chief Human Resources Officer or designee, the Department will send a notice of filing to the employee’s appointing authority or the appointing authority designee.

(7) An appeal decision shall be issued in writing to the employee and the employee’s appointing authority or appointing authority designee within 30 working days after the Department's receipt of the appeal.

(8) The decision by the Department’s Chief Human Resources shall be the final administrative decision and is not subject to further appeal.

(9) An employee who requires leave for a qualifying purpose while an appeal for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave.

(10) An employee who uses accrued leave for a qualifying purpose while an appeal for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved.

(11) An employee who is on unpaid leave while an appeal for PFML is pending will receive PFML retroactive to the approved start date of PFML.

L. Record Keeping and Audit.

(1) Each agency shall:

(a) Maintain for a minimum of 5 years the following documentation:

(i) Applications for leave;

(ii) Approval of PFML, including dates; and

(iii) Denials of PFML.

(b) Submit to the Secretary or designee, on or before October 15 of each year, a report providing the following information for the preceding fiscal year:

(i) Number of employees who requested PFML;

(ii) Number of employees approved for PFML;

(iii) Number of employees denied for PFML; and

(iv) Estimated cost to the agency in wages, overtime, and lost productivity.

(2) The Department shall maintain for a minimum of 5 years the following documentation:

(a) Requests for reconsideration;

(b) Outcomes of reconsideration requests;

(c) Appeals; and

(d) Outcomes of appeals.

(3) The program shall be audited at the discretion of the Secretary.

Kathryn Thomson
Secretary of Transportation

Final Action on Regulations

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• [[Double brackets]] indicate text deleted at the time of final action.

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Final Action

[26-085-F]

On September 10, 2026, the Secretary of Health adopted:

(1) Amendments to Regulations .02 and .05-5 under COMAR 10.09.24 Medical Assistance Eligibility;

(2) New Regulations .01—.11 under a new chapter, COMAR 10.09.67 Justice-Involved Case Management;

(3) Amendments to Regulation .01 under COMAR 10.67.01 Maryland Medicaid Managed Care Program: Definitions;

(4) Amendments to Regulation .10 under COMAR 10.67.03 Maryland Medicaid Managed Care Program: MCO Application; and

(5) Amendments to Regulations .04 and .13 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations.

This action, which was proposed for adoption in 53:13 Md. R. 600—604 (June 26, 2026), has been adopted as proposed.

Effective Date: October 12, 2026.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 21 BEHAVIORAL HEALTH REGULATIONS

10.21.32 Assisted Outpatient Treatment Program

Authority: Health-General Article, §§2-104(b) and 10-6A-01—10-6A-12, Annotated Code of Maryland

Notice of Final Action

[26-066-F]

On September 23, 2026, the Secretary of Health adopted new Regulations .01—.16 under a new chapter, COMAR 10.21.32 Assisted Outpatient Treatment Program. This action, which was proposed for adoption in 53:11 Md. R. 490—495 (May 29, 2026), has been adopted with the nonsubstantive changes shown below.

Effective Date: October 12, 2026.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 10.21.32.01B(20)(b): In response to public comment, the Department clarified that psychiatric hospitals includes special hospitals as well as clarifying that only inpatient facilities which appear on the Department’s list of emergency facilities are included in the definition of psychiatric hospitals. This is consistent with the language in the statute requiring inpatient admission and therefore is non-substantive.

COMAR 10.21.32.01B(22): In response to public comment, the Department added language to clarify that psychiatrist includes any individual who meets the definition of psychiatrist in Health-Occupations 14-101. This is consistent with existing law and therefore is non-substantive.

COMAR 10.21.32.04E(2)(d): In response to public comment that “if included in the AOT treatment plan” creates confusion around a required service, this phrase was struck to avoid confusion. This is consistent with the statutory requirement that case management be included in the AOT treatment plan and therefore is non-substantive.

COMAR 10.21.32.04F(3)(b): In response to public comment that “if included in the AOT treatment plan” creates confusion around a required service, this phrase was struck to avoid confusion. This is consistent with the statutory requirement that peer support services be included in the AOT treatment plan and therefore is non-substantive.

COMAR 10.21.32.06C(2): In response to public comment which pointed out that there was a requirement to create a list but no indication that the court would use the list, the Department added clarifying language to indicate that the Court can, but is not required to, select a provider from the list offered by the Care Coordination Team.

COMAR 10.21.32.09A(1): In response to public comment and the judicial rules adopted on June 4, 2026, the Department clarified that the hearing referenced is the merits hearing. This change is clarifying and non-substantive.

COMAR 10.21.32.09B(3): In response to public comment and the judicial rules adopted on June 4, 2026, the Department clarified that the hearing referenced is the merits hearing. This change is clarifying and non-substantive.

COMAR 10.21.32.10F: In response to public comment suggesting that there may be other ways for the care coordination team to obtain a copy of the respondent’s mental health advance directive, the language was updated to clarify that if the care coordination team is aware of the mental health advance directive, they must honor the mental health advance directive as required by statute. This change is clarifying and non-substantive.

COMAR 10.21.32.11A: In response to the Maryland Rules adopted on June 4, 2026, the term “show cause order” has been replaced with Notice of Petition and Order to Appear.

COMAR 10.21.32.11B: In response to the Maryland Rules adopted on June 4, 2026, the term “show cause order” has been replaced with Notice of Petition and Order to Appear.

COMAR 10.21.32.12A: In response to public comment, A. was added to clarify that the Court has the authority to establish any deadlines for the case. These changes are clarifying and consistent with the existing Rules of Civil Procedure and are therefore non-substantive.

COMAR 10.21.32.12B: In response to public comment, B was added to clarify that only in the event of the Court not establishing a deadline, the team shall provide the draft no later than five days in advance of the hearing. An additional change clarifies that the hearing referenced is the merits hearing. In B.1. “Designate experts” was struck and replaced with, “identify” in reference to the Court’s authority to establish any appropriate timeline for designation of expert witnesses. These changes are clarifying and consistent with the existing Rules of Civil Procedure and are therefore non-substantive.

COMAR 10.21.32.12B: In response to public comment to add clarifying language, new A and new B were added to 10.21.32 requiring recodification. Recodification is a non-substantive regulation change.

COMAR 10.21.32.13C(3): In response to public comment, the Department has added the requirement that an AOT order may not be, “; or (3) Used against a respondent in a subsequent legal matter that carries negative collateral consequences.” which is a statutory requirement that was inadvertently excluded from the original publication. This requirement is established by the statute and therefore is not a substantive change.

COMAR 10.21.32.14B—D: In response to several public comments which requested the language regarding extensions be struck because the language created confusion about who might be entitled to an extension, the language was struck and the regulation was recodified. Because the statute does not allow for a specific extension process, this is consistent with existing law and not a substantive change. Recodification is a non-substantive regulation change.

COMAR 10.21.32.16B—G: In response to several public comments which requested the language regarding extensions be struck because the language created confusion about who might be entitled to an extension, the language was struck and the regulation was recodified. Because the statute does not allow for a specific extension process, this is consistent with existing law and not a substantive change. Recodification is a non-substantive regulation change.

.01 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)—(19) (proposed text unchanged)

(20) Psychiatric Hospital.

(a) (proposed text unchanged)

(b) “Psychiatric hospital” includes:

(i)—(ii) (proposed text unchanged)

(iii) [[The]] A psychiatric unit at a facility which appears on the list of emergency facilities established under Health-General Article, §10-621, Annotated Code of Maryland.

(21) (proposed text unchanged)

(22) “Psychiatrist” means a physician who[[:

(a) Is]] is licensed by the Maryland Board of Physicians in accordance with Health Occupations Article, Title 14, Annotated Code of Maryland [[;]] and:

(a) Is [[either]] board certified in psychiatry [[by the American Board of Psychiatry and Neurology, or has]] consistent with Health Occupations Article, §14-101, Annotated Code of Maryland; or

(b) Has otherwise completed the minimum educational and training requirements to be qualified to take the Board of Psychiatry and Neurology examination for certification in psychiatry.

(23)—(25) (proposed text unchanged)

.04 AOT Program Required Staff.

A.—D. (proposed text unchanged)

E. Care Coordination Team Case Manager.

(1) (proposed text unchanged)

(2) Responsibilities. The care coordination team case manager is responsible for, at minimum:

(a)—(c) (proposed text unchanged)

(d) [[If included in the AOT treatment plan, providing]] Providing case management services as specified in the AOT treatment plan; and

(e) (proposed text unchanged)

F. Care Coordination Team Certified Peer Recovery Specialist.

(1)—(2) (proposed text unchanged)

(3) Responsibilities. A care coordination team certified peer recovery specialist is responsible for, at minimum:

(a) (proposed text unchanged)

(b) [[If included in the AOT treatment plan, providing]] Providing peer support services as specified by the AOT treatment plan; and

(c) (proposed text unchanged)

.06 AOT Program — Managing Conflicts of Interest.

A.—B. (proposed text unchanged)

C. If there is a conflict of interest with a dual-role provider, during the respondent’s AOT hearing, the Court shall either:

(1) (proposed text unchanged)

(2) [[Locate and assign another provider]] Identify another provider which may be from the list of available providers offered by the care coordination team or from any other source.

.09 Psychiatrist Affidavit for AOT.

A. The petition for AOT completed in accordance with Regulation .08 of this chapter shall include a completed psychiatrist affidavit for AOT stating that the psychiatrist:

(1) Is willing and able to testify at the merits hearing on the petition;

(2)—(3) (proposed text unchanged)

B. The Department shall provide an affidavit form consistent with Maryland Rule 1-304, which shall include the following:

(1)—(2) (proposed text unchanged)

(3) A statement that the psychiatrist is willing and able to testify at the merits hearing;

(4)—(5) (proposed text unchanged)

.10 AOT Treatment Plan.

A.—E. (proposed text unchanged)

F. If the respondent has executed an advance directive for mental health services and [[provided it to]] the care coordination team is aware of the advance directive for mental health services, the care coordination team shall honor any applicable directions for outpatient treatment included in the advance directive for mental health services in the development of the AOT treatment plan in accordance with Health-General Article, §5–602, Annotated Code of Maryland.

G.—S. (proposed text unchanged)

.11 Schedule of Hearing, Notice of Hearing, and Rights.

A. When a petition for AOT that meets the requirements of Health-General Article, §§10-6A-03—04, Annotated Code of Maryland is filed, the Court shall issue a [[show cause order]] notice to the respondent consistent with Maryland Rules.

B. Notice to the Respondent. The [[show cause order]] notice to the respondent issued to the respondent shall be consistent with Health-General Article, §10-6A-07, Annotated Code of Maryland and Maryland Rules.

C.—D. (proposed text unchanged)

.12 AOT Hearings.

A. The Court may establish any discovery deadlines or issue a scheduling order, which may include the participation of the care coordination team.

B. If no specific deadline is set by the Court, [[No]] no later than 5 business days prior to the date of the merits hearing, unless otherwise ordered by the Court, the AOT program staff shall:

(1) [[Designate expert]] Identify witnesses, including the examining psychiatrist and the testifying psychiatrist; and

(2) (proposed text unchanged)

[[B.]] C. (proposed text unchanged).

.13 AOT Orders.

A.—B. (proposed text unchanged)

C. An AOT order may not be:

(1) The basis for the involuntary admission of the respondent to a facility under Health-General Article, Title 10, Subtitle 6, Annotated Code of Maryland; [[or]]

(2) Used as evidence of the incompetency of the respondent[[.]]; or

(3) Used against a respondent in a subsequent legal matter that carries negative collateral consequences.

D. (proposed text unchanged)

.14 AOT Order Modifications.

A. (proposed text unchanged)

B. [[An extension of the AOT order is a modification of the order and may not exceed 1 year after the date of the order.

C.]] The respondent may voluntarily agree to modify the AOT order by extending the order and, if so, the care coordination team shall notify the Court of the modification.

[[D.]] C. (proposed text unchanged)

.16 Discharge from the AOT Program.

A. (proposed text unchanged)

B. [[If the psychiatrist deems a participant to continue to meet eligibility for AOT, a new petition or an extension of the order may be filed.

C.]] Within 30 calendar days before the expiration of an AOT order, the participant’s care coordination team shall provide the participant with a plan for continued treatment.

[[D.]] C.—[[G.]] F. (proposed text unchanged)

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 24 MARYLAND HEALTH CARE COMMISSION

10.24.01 Procedural Regulations for Health Care Facilities and Services

Authority: Health-General Article, §§19-109(a)(1) and (8), 19-116(b), 19-118(d), 19-120, 19-120.1, 19-120.2, and 19-126, et seq., Annotated Code of Maryland

Notice of Final Action

[26-089-F]

On September 17, 2026, the Maryland Health Care Commission adopted amendments to Regulations .03 and .04 under COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services. This action, which was proposed for adoption in 53:15 Md. R. 667—668 (July 24, 2026), has been adopted as proposed.

Effective Date: October 12, 2026.

JOAN GELRUD, RN
Chair

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.06 Maryland Medical Care Data Base and Data Collection

Authority: Health-General Article, §§19-101, 19-103(c)(3), (4), (7), and (8), 19-109(a)(1), (6), and (7), 19-133, 19-134, and 19-137,
Annotated Code of Maryland

Notice of Final Action

[26-088-F]

On September 17, 2026, the Maryland Health Care Commission adopted amendments to Regulations .02 and .05 under COMAR 10.25.06 Maryland Medical Care Data Base and Data Collection. This action, which was proposed for adoption in 53:13 Md. R. 604—605 (June 26, 2026), has been adopted with the nonsubstantive changes shown below.

Effective Date: October 12, 2026.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 10.25.06.05A and D: The word “reporting” was added for consistency and clarity.

COMAR 10.25.06.05D was revised to remove the quarterly submission schedule for historical data.

.05 Time Period for Submitting Data Reports.

A. Unless a different reporting time period is specified in the MCDB Submission Manual pursuant to §B of this regulation, each reporting entity shall submit to the Commission a complete set of the reporting entity’s data for claims adjudicated during each quarter of a calendar year, in the form and manner described in Regulations .07—.14 of this chapter within 2 months of the last day in the applicable quarter.

B.—C. (proposed text unchanged)

D. Along with calendar year 2027 submissions, each reporting entity shall submit to the Commission a complete set of the reporting entity’s historical data for claims adjudicated during each quarter of calendar year 2026 in the form and manner described in Regulations .07—.14 of this chapter and the 2027 MCDB Data Submission Manual [[and in accordance with one of the following schedules:]] as a single one-time file by May 31, 2027.

[[(1) Reports for claims adjudicated between January 1, 2026, and December 31, 2026, shall be submitted by May 31, 2027; or

(2) Reports shall be submitted quarterly as follows:

(a) Reports for claims adjudicated between January 1, 2026, and March 31, 2026, shall be submitted by May 31, 2027;

(b) Reports for claims adjudicated between April 1, 2026, and June 30, 2026, shall be submitted by August 31, 2027;

(c) Reports for claims adjudicated between July 1, 2026, and September 30, 2026, shall be submitted by November 30, 2027; and

(d) Reports for claims adjudicated between October 1, 2026, and December 31, 2026, shall be submitted by February 29, 2028.]]

JOAN GELRUD, RN
Chair

Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS

10.40.01 Examination and Post-Graduate Training

Authority: Health Occupations Article, §§16-205(a)(1), 16-302(f), and 16-304, Annotated Code of Maryland

Notice of Final Action

[26-102-F]

On September 15, 2026, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.40.01 Examination and Post-Graduate Training. This action, which was proposed for adoption in 53:15 Md. R. 668—669 (July 24, 2026), has been adopted as proposed.

Effective Date: October 12, 2026.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS

Notice of Final Action

[26-103-F]

On September 15, 2026, the Secretary of Health adopted amendments to:

(1) Regulation .02 under COMAR 10.42.02 Social Work Practice; and

(2) Regulations .03 and .06 under COMAR 10.42.03 Code of Ethics.

This action, which was proposed for adoption in 53:15 Md. R. 669 (July 24, 2026), has been adopted as proposed.

Effective Date: October 12, 2026.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Proposed Action on Regulations

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §§4-215, 4-602, and 4-735, Annotated Code of Maryland

Notice of Proposed Action

[26-126-P]

The Secretary of Natural Resources proposes to amend Regulation .11 under COMAR 08.02.01 General.

Statement of Purpose

The purpose of this action is to update and clarify the requirements for obtaining a black bass tournament permit. Currently, a permit is only mandatory if a tournament meets three specific criteria: having ten or more boats; having a specific weigh-in or entry location; and providing an offer or reward for catching black bass. The proposed action modifies the criteria and requires non-possession based tournaments with catch-weigh-release or catch-photo-release formats to obtain a permit if the tournament fishing occurs either exclusively in Maryland, or in Maryland and up to two additional jurisdictions (for example, waters under the jurisdiction of Virginia or the Potomac River Fisheries Commission). The proposed action also clarifies that the reward or incentive offered must be specifically for black bass. These changes ensure the Department is capturing relevant tournament information specific to black bass.

The Department continuously evaluates fishing regulations for efficacy based on fishery monitoring efforts. Currently, tournaments that do not meet all of the criteria operate without a permit and, subsequently, do not have mandatory reporting requirements. Modifying the permit requirement allows the Department to gather information from a wider range of organized fishing events. Increased tournament reporting provides critical fishery-dependent data that helps managers understand fishing pressure and population trends for black bass. Standardizing reporting across possession and non-possession tournaments ensures that management decisions are based on the full scope of tournament activity rather than a smaller subset of competitions.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Black Bass Tournament Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.11 Black Bass Tournaments.

A.—B. (text unchanged)

C. Black Bass Tournament Permit.

(1) A person shall obtain a black bass tournament permit prior to conducting a fishing tournament [that]:

(a) [Has] That has ten or more boats participating;

[(b) Has a specific location where fish are weighed, measured, counted, or otherwise entered into the tournament; and]

(b) Where fish are weighed, measured, counted or otherwise entered into the tournament:

(i) At a specific physical location; or

(ii) Through a catch-weigh-release or catch-photo-release format, provided that tournament fishing is restricted to the waters of Maryland and no more than two additional jurisdictions; and

(c) [Provides] That provides anglers an offer, reward, or incentive specifically for catching black bass.

(2)—(5) (text unchanged)

D.—G. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §4-602, Annotated Code of Maryland

Notice of Proposed Action

[26-136-P]

The Secretary of Natural Resources proposes to amend Regulations .01 and .03 under COMAR 08.02.11 Fishing in Nontidal Waters.

Statement of Purpose

The purpose of this action is to update the rules for trout fishing in Governor Bridge Pond, Waterworks Park Pond, the lower Savage River, and Owens Creek. Since the proposed action makes changes to several different areas for different reasons, the specific actions taken are described below.

Governor Bridge Pond (Prince George’s County) - The proposed action adds this area to the list of put-and-take trout fishing areas and establishes a closure of zero, which means that the creel limit is five trout per person per day and the area is open to trout fishing year round. By designating the pond as a put-and-take trout fishing area, law enforcement will be simplified by making the regulations consistent with all other trout-stocked ponds in the region and will give anglers in the urban area an increased opportunity to harvest trout.

Waterworks Park Pond (Anne Arundel County) - Currently, this area is designated as a catch and return area for all species, however, the Department would like to allow the harvest of trout. The proposed action adds this area to the list of put-and-take trout fishing areas and establishes a closure of zero, which means that the creel limit is five trout per person per day and the area is open to trout fishing year round. The proposed action also modifies the catch and return rules for this area to allow an individual to keep their limit of trout, but maintains the rule that all other species must be returned to the pond. By designating the pond as a put-and-take trout fishing area, law enforcement will be simplified by making the regulations consistent with all other trout-stocked ponds in the region and will give anglers in the urban area an increased opportunity to harvest trout.

Lower Savage River (Garrett County) - The proposed action changes the designation for the areas of the lower Savage River that are currently listed as trophy trout fishing areas to catch-and-return trout fishing areas. The Savage River mainstem from the Savage River Reservoir Dam downstream to the lower suspension bridge (Allegany Bridge) is established as a catch-and-return trout fishing area that is limited to artificial fly fishing. The Savage River mainstem from the downstream side of the Route 135 bridge upstream for a distance of approximately 2.7 miles to the lower suspension bridge (Allegany Bridge) is established as a catch-and-return trout fishing area that is limited to the use of artificial lures and also includes a ban for treble hooks. The treble hook ban is a result of public comment received for the changes in that area of the river.

The Department continuously evaluates freshwater fishing regulations for efficacy based on fishery dependent and independent monitoring efforts. Currently, the Savage River tailwater trout fishery is managed under trophy trout harvest restrictions, although fishery-independent data suggests that trout only rarely reach the minimum size for harvest under those restrictions. Additionally, a 2025 creel survey demonstrated that, although a small percentage of anglers intended to harvest trout, the total trout harvest on the river was zero, despite more than 1,800 angler hours per mile expended and each adult trout in the river being caught nearly twice each year on average. Changing to catch-and-return will better align angler expectations with reality and is necessary to provide adequate protection for this heavily used fishery, in part due to barbless hook restrictions that accompany that designation.

Owens Creek (Frederick County) - The proposed action adds the upper sections of Owens Creek that are located on Catoctin Mountain Park (U.S. National Park Service) property to the list of catch-and-return, artificial fly fishing only areas. This change adds bait and tackle restrictions and requires catch and release for any trout, including brown trout. Declines in brook trout numbers in this upper section of Owens Creek warrant further protection of the population. The catch-and-return, artificial fly fishing only regulations are the most protective angling regulations that can be applied. Adopting this change on sections of Owens Creek on federal property will match the catch-and-return, artificial fly fishing only regulations on the Catoctin Mountain Park and Cunningham Falls State Park sections of Big Hunting Creek.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has the potential to economically impact the Department and recreational anglers.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Natural Resources	(R+)	Indeterminable
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Recreational Anglers - License & Trout Stamps	(-)	Indeterminable
E. On other industries or trade groups:
Tackle Shops	(+)	Indeterminable
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The proposed action provides increased fishing opportunities. Those opportunities may result in the sale of recreational fishing licenses and trout stamps, but the actual impact is unknown because it is not possible to predict the behavior of anglers.

D. Recreational anglers may need to purchase a license or trout stamp if they do not already have them or if they do not qualify for a license exemption. Since it is not possible to determine how many anglers already fish a particular area, how many anglers would need a license or stamp, and because the cost of a license varies for both resident and nonresidents, the actual cost to an angler is indeterminable.

E. Recreational anglers may need to purchase additional tackle so that they can participate in the proposed changes. The actual impact is indeterminable since the purchasing behavior of anglers is not able to be predicted.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Trout Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.01 Trout Fishing and Management Areas.

A. (text unchanged)

B. Put-and-Take Trout Fishing Areas.

(1)—(4) (text unchanged)

(5) Except as provided in §C(1) of this regulation the following areas are designated as put-and-take trout fishing areas and are subject to the provisions in §B(1)—(3) of this regulation:

	Closure Periods
(a) (text unchanged)
(b) Anne Arundel County:
(i)—(ii) (text unchanged)
(iii) Waterworks Park Pond	0
(c)—(j) (text unchanged)
(k) Howard County, Montgomery County, and Prince George's County:
(i)—(xix) (text unchanged)
(xx) Governor Bridge Pond	0
(l)—(n) (text unchanged)

C. Catch-and-Return Trout Fishing Areas.

(1)—(2) (text unchanged)

(3) Savage River.

(a) Special provisions in effect on this area.

(i) A person may not have any trout in possession while fishing in this area. All trout which are caught shall be released and returned to the water.

(ii) A person may fish only with artificial lures, including artificial flies. Treble hooks are prohibited. Each artificial lure is restricted to a single hook with a single hook point.

(iii) In this area, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

(iv) The open season is January 1 through December 31, inclusive.

(v) A person may not fish with any barbed hook.

(b) The area subject to the provisions of this section is the Savage River mainstem from the downstream side of the Route 135 bridge upstream for a distance of approximately 2.7 miles to the lower suspension bridge (Allegany Bridge).

[(3)](4) (text unchanged)

[(4)](5) Areas Limited to Artificial Fly Fishing Only.

(a) Special provisions in effect on these areas[:].

(i)—(vi) (text unchanged)

(b) Areas subject to provisions of this section [are:].

(i) Big Hunting Creek, Frederick County. All waters of Big Hunting Creek and its tributaries within Cunningham Falls State Park and Catoctin Mountain Park except Owens Creek, Little Hunting Creek, Cunningham Falls Lake, and Frank Bentz Pond[;].

(ii) Beaver Creek, Washington County. From the confluence with Black Rock Creek downstream to the downstream side of the U.S. Route 40 bridge [; and].

(iii) (text unchanged)

(iv) Owens Creek, Frederick County. All of the waters of Owens Creek located within the boundaries of Catoctin National Park (U.S. National Park Service).

(v) Savage River, Garrett County. The Savage River mainstem from the Savage River Reservoir Dam downstream to the lower suspension bridge (Allegany Bridge).

[D. Trophy Trout Fishing Areas.

(1) Savage River mainstem from the downstream side of the Route 135 bridge upstream for a distance of approximately 2.7 miles to the lower suspension bridge (Allegany Bridge) is a trophy trout fishing area. The following apply:

(a) Open season — no closed season.

(b) Creel limit all trout species in aggregate — daily: 2, possession: 4.

(c) Minimum size: brook trout — 12 inches; brown trout — 18 inches; all other species of trout — no minimum size.

(d) A person may not have in possession any trout smaller than the minimum size limit in effect for this area.

(e) A person may fish only with artificial lures, including artificial flies. Treble hooks are prohibited. Each artificial lure is restricted to a single hook with a single hook point.

(f) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.

(2) Savage River mainstem from the Savage River Reservoir Dam downstream to the lower suspension bridge (Allegany Bridge) is a trophy trout fishing area. The following apply:

(a) Open season — no closed season

(b) Creel limit all trout species in aggregate — daily: 2, possession: 4.

(c) Minimum size: brook trout — 12 inches; brown trout — 18 inches; all other species of trout — no minimum size.

(d) A person may fish only with artificial flies.

(e) In these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish. Section C(4)(a)(ii)—(iv), of this regulation shall apply to this special trout management area.

(f) A person may not have in possession any trout smaller than the minimum size limit in effect for this area.]

[E.] D.—[J.] I. (text unchanged

.03 Special Fisheries Management Areas.

A. (text unchanged)

B. Impoundments Limited to Catch-and-Return Fishing.

(1) This section applies to the following areas:

(a)—(b) (text unchanged)

(c) Waterworks Park Pond in Anne Arundel County.

(2) [While] Except as provided in §B(3) of this regulation, while fishing in the areas set forth in §B(1) of this regulation, a person:

(a)—(b) (text unchanged)

(3) A person fishing in Waterworks Park Pond in Anne Arundel County may keep and possess trout in accordance with COMAR 08.02.11.01.

C. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 19 FOREST CONSERVATION

Notice of Proposed Action

[26-113-P-I]

The Secretary of Natural Resources proposes to:

(1) Amend Regulations .01—.05 under COMAR 08.19.01 General;

(2) Amend Regulations .01—.03, adopt new Regulation .04, amend and recodify existing Regulation .04 to be Regulation .05, and recodify existing Regulation .05 to be Regulation .06 under COMAR 08.19.02 State Review and Approval of a Local Program;

(3) Repeal existing Regulation .01 and adopt new Regulation .01 under COMAR 08.19.03 Incorporation by Reference;

(4) Amend Regulations .02, and .04—.13 and adopt new Regulations .15 and .16 under COMAR 08.19.04 State Forest Conservation Program;

(5) Amend Regulation .02 under COMAR 08.19.05 Forest Conservation Maintenance and Management Agreements; and

(6) Amend Regulation .03 under COMAR 08.19.06 Additional Requirements for State and Local Programs.

Statement of Purpose

The purpose of this action is to implement Senate Bill 526 (2023) and House Bill 1511 (2024), which amended the Forest Conservation Act under Natural Resources Article, §§5-101, 5-102, and 5-1601 through 5-1613, Annotated Code of Maryland. Specifically, the amendments:

· Adjust fee-in-lieu rates to reflect cumulative inflation since 2014, as required under Natural Resources Article, §5-1610(c)(2), Annotated Code of Maryland, using year-over-year Bureau of Labor Statistics data, and extend the Forest Conservation Fund expenditure period from 2 to 5 years under Natural Resources Article, §5-1610(e), Annotated Code of Maryland;

· Update reforestation ratios under Natural Resources Article, §5-1606, Annotated Code of Maryland, including the revised above-threshold ratio, the reduced ratio for forest cleared within Priority Funding Areas not identified as priority retention, and the riparian buffer afforestation requirement that applies upon satisfaction of standard reforestation and afforestation requirements;

· Implement new statutory exemptions from certain afforestation and reforestation requirements, including for forest management, transit-oriented development, qualifying multifamily housing, federal facility construction, and solar photovoltaic facilities under Natural Resources Article, §5-1602(b), Annotated Code of Maryland;

· Establish procedures and approval standards for local jurisdictions to propose alternative afforestation, reforestation, and preservation requirements under Natural Resources Article, §5-1606.1, Annotated Code of Maryland, including the baseline forest cover standard against which proposals are evaluated and the conditions under which the Department may rescind approval;

· Revise the forest mitigation bank framework to distinguish between Afforestation or Reforestation Mitigation Banks and Qualified Conservation Mitigation Banks, update Qualified Conservation eligibility standards under Natural Resources Article, §5-1601(gg), Annotated Code of Maryland and implement conditions governing Qualified Conservation use;

· Expand priority retention categories under Natural Resources Article, §5-1607(c), Annotated Code of Maryland, to include forest interior-dwelling species habitat, targeted ecological areas, Tier II and Tier III high quality watersheds, water resource protection zones, reservoir watersheds, wellhead protection areas, and priority urban forests;

· Expand eligible afforestation and reforestation methods under Natural Resources Article, §5-1607(b), Annotated Code of Maryland to include degraded forest restoration, planted green infrastructure, and environmental site design practices beyond the amount required under Environment Article, §4-203, Annotated Code of Maryland;

· Add and define new terms in COMAR 08.19.01.03, including Degraded Forest, Planted Green Infrastructure, and Qualified Conservation;

· Implement abutting property owner notification requirements for certain forest conservation plans in COMAR 08.19.04.11D to conform to the standards established under Natural Resources Article, §5-1605(d), Annotated Code of Maryland, and establish judicial review provisions for approved forest conservation plans and priority retention clearing determinations under Natural Resources Article, §§5-1605(d) and 5-1607(c)(3), Annotated Code of Maryland; and

· Repeal COMAR 08.19.03, which previously contained the Model Forest Conservation Ordinance, and replace it with a provision incorporating the Forest Conservation Technical Manual (4th edition, December 2024) by reference.

· Amend references across the subtitle to include Natural Resources Article, §5-1613, Annotated Code of Maryland, which mandates an annual statewide report on the Forest Conservation Act program to be submitted by the Department to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed amendments will increase revenue to the Forest Conservation Program through the fee-in-lieu rate adjustment required under Natural Resources Article, §5-1610(c)(2), Annotated Code of Maryland. The adjusted rates represent an approximately 41 percent increase inside a Priority Funding Area and an approximately 39 percent increase outside a Priority Funding Area. The aggregate revenue impact is indeterminable, as it depends on the volume and location of future development projects that trigger fee-in-lieu requirements.

All other economic impacts associated with these amendments derive from Senate Bill 526 (2023) and House Bill 1511 (2024), the underlying legislation the amendments implement. The fee-in-lieu rate adjustment reflects a statutory obligation that predates this rulemaking; the proposed rates correct a cumulative compliance gap, not a new regulatory burden.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Forest Conservation Program	(R+)	Indeterminable
B. On other State agencies:	NONE
C. On local governments:
Forest Conservation Program	(R+)	Indeterminable
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Commercial Developers	(-)	Indeterminable
E. On other industries or trade groups:
Landowners and forest mitigation bank operators	(-)	Indeterminable
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. COMAR 08.19.04.09D proposes updated fee-in-lieu rates as required under Natural Resources Article, §5-1610(c)(2), Annotated Code of Maryland. The statute requires annual inflation adjustments; the Department has not adjusted rates since 2014. The proposed rates reflect a cumulative adjustment calculated by applying the Bureau of Labor Statistics inflation rate independently for each intervening year and aggregating the results. The adjusted rates are:

· Inside a Priority Funding Area: $0.305 to $0.43 per square foot

· Outside a Priority Funding Area: $0.366 to $0.51 per square foot
The revenue impact on the Forest Conservation Program is indeterminable because it depends on the volume and location of future development subject to fee-in-lieu requirements.

C. Local forest conservation programs that administer fee-in-lieu payments will collect fees at the adjusted rates. The revenue impact is indeterminable for the same reasons stated in A.

D. The fee-in-lieu rate increase raises compliance costs for developers who cannot meet afforestation or reforestation requirements on-site or off-site. The new statutory exemptions and reduced reforestation ratios applicable to Priority Funding Areas and qualifying housing projects may offset those costs for certain development types. The net impact is indeterminable and will vary by project.

E. Landowners and forest mitigation bank operators are subject to revised Qualified Conservation eligibility standards and updated percentage caps governing Qualified Conservation use. The revised mitigation bank framework, including the distinction between Afforestation or Reforestation Mitigation Banks and Qualified Conservation Mitigation Banks, may affect the marketability of credits and the economics of bank establishment. The net impact on these groups is indeterminable and will vary based on bank type, location, and market conditions.

Economic Impact on Small Businesses

The proposed action has minimal economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Ashley Triplett-Peltzman, Maryland Forest Service, Maryland Department of Natural Resources, 580 Taylor Avenue, E1, Annapolis, MD 21401, or call 443-699-5161, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Forest Conservation Technical Manual (Maryland Department of Natural Resources, Maryland Forest Service, 4th Edition, December 2024) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 53:1 Md. R. 10 (January 9, 2026), and is available online at www.dsd.maryland.gov. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

08.19.01 General

Authority: Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland

.01 Purpose.

A.—B. (text unchanged)

C. The forest stand delineation and forest conservation plans implement forest conservation, reforestation, and afforestation requirements for certain land use categories and certain regulated activities established in Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

.02 Scope.

A. This subtitle implements the provisions of Natural Resources Article, §§5-103 and 5-1601—[5-1612] 5-1613, Annotated Code of Maryland, by providing for a local forest conservation program and the State forest conservation program [, and provides guidance to units of local government with planning and zoning authority, by incorporating a Model Forest Conservation Ordinance].

B. Recommendations, references, and guidance on the preparation of forest stand delineations and forest conservation plans are available for local jurisdictions to utilize in locally adopted and approved forest conservation programs and for persons subject to the State Forest Conservation Program in the [State] Forest Conservation Technical Manual.

.03 Definitions.

A. The terms in §B of this regulation have the meanings indicated. Terms used in this subtitle apply to both the local program and the State program. Terms not defined in this regulation have the meanings given to them in Natural Resources Article, §§5-103 and 5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Critical habitat area” [means a critical habitat for an endangered species and its surrounding protection area. A critical habitat area:

(a) Is likely to contribute to the long-term survival of the species;

(b) Is likely to be occupied by the species for the foreseeable future; and

(c) Constitutes habitat of the species which is considered critical under Natural Resources Article, §4-2A-06 or 10-2A-06, Annotated Code of Maryland] has the meaning stated in Natural Resources Article, §5-1601(h), Annotated Code of Maryland.

(11) (text unchanged)

(12) “Declaration of intent” means a document required under Regulation .05 of this chapter which is a signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:

(a) Is for certain activities exempted under this subtitle or Natural Resources Article, §§5-103 and 5-1601—[5-1612] 5-1613, Annotated Code of Maryland;

(b) Does not circumvent the requirements of this subtitle or Natural Resources Article, §§5-103 and 5-1601—[5-1612] 5-1613, Annotated Code of Maryland; and

(c) (text unchanged)

(13)“Degraded forest” means a forest ecosystem that has lost its natural structure, function, and diversity due to human activity or other disturbances, leading to diminished capacity to regenerate and provide ecosystem services.

[(13)] (14) “Department” means the Department of Natural Resources[, except within the Model Ordinance under COMAR 08.19.03 when it is defined as the department charged with implementing the local forest conservation program].

[(14)] (15)—[(20)] (21) (text unchanged)

(22) “Forest management” means the planned application of silvicultural or other management practices within a forest ecosystem, conducted in accordance with a management plan approved by the Department or prepared by a licensed professional forester for the purpose of achieving specific environmental, economic, and social objectives.

[(21)] (23) “Forest management plan” means a plan establishing best [conservation and] management practices [for a landowner in] and other conservation measures, based on an assessment of the resource values of forested property.

[(21-1)] (24) “Forest mitigation bank” means an area of land [which has been intentionally afforested or reforested] approved by the Department or a local authority for the express purpose of providing credits for afforestation and reforestation requirements. A Forest Mitigation bank may consist of afforestation, reforestation, or qualified conservation, or any combination thereof.

(a) “Afforestation or reforestation mitigation bank” means an area of newly planted forest land under an approved forest mitigation bank agreement and permanently protected, for the purpose of generating credits to satisfy afforestation or reforestation requirements.

(b) “Qualified Conservation mitigation bank” means an area of existing forest permanently protected through Qualified Conservation under an approved mitigation bank agreement, for the purpose of generating credits to satisfy afforestation or reforestation requirements.

[(21-2)] (25)—[(23)] (28) (text unchanged)

(29) “Linear project” has the meaning stated in Natural Resources Article, §5-1601(u), Annotated Code of Maryland.

[24] (30)—[30] (36) (text unchanged)

(37) “Net tract area” has the meaning stated in Natural Resources Article, §5-1601(z), Annotated Code of Maryland.

[31] (38)—[(32)] (39) (text unchanged)

(40) “Planted Green Infrastructure” means the intentional establishment of vegetation in a constructed or previously developed environment to provide ecological functions and structural characteristics similar to forested conditions, including canopy cover, soil infiltration, and habitat value.

[(33)] (41)—[(35)] (43) (text unchanged)

(44) “Qualified Conservation” has the meaning stated in Natural Resources Article, §5-1601(gg), Annotated Code of Maryland.

[(36)] (45) “Qualified [professional] Professional” means a person who meets the requirements of COMAR 08.19.06.01A.

[(37)] (46)—[(46)] (55) (text unchanged)

[(47)](56) Variance.

(a) “Variance” means relief from Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

(b) (text unchanged)

[(48)] (57) (text unchanged)

.04 Application.

A. Exemptions. The provisions of this subtitle do not apply to:

(1)—(3) (text unchanged)

(4) Agricultural activities [resulting] that do not result in a change in land use category, including the operation of orchards and tree farms, and the construction and use of agricultural support buildings and other related structures built using accepted best management practices, except that a person who is engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a 1-year period may not receive an agricultural exemption unless the person files a declaration of intent as provided for in Regulation .05 of this chapter which includes:

(a)—(b) (text unchanged)

(5) The cutting or clearing of public utility rights-of-way licensed under Public Utilities Article, §§7-207 and 7-208 or 7-205, Annotated Code of Maryland, [or land] for electric generating stations licensed under Public Utilities Article, §§7-207 and 7-208 or 7-205, Annotated Code of Maryland, if:

(a)—(b) (text unchanged)

(6)—(16) (text unchanged)

(17) Maintenance or retrofitting of a stormwater management structure that may include clearing of vegetation or removal and trimming of trees, so long as the maintenance or retrofitting is within the original limits of disturbance for construction of the existing structure, or within any maintenance easement for access to the structure; [or]

(18) Stream restoration project, as described Regulation .03 of this chapter, for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least 5 years with the affected property owner or owners[.];

(19) Forest management;

(20) Transit-oriented development, as defined under Transportation Article, §7-101, Annotated Code of Maryland, provided that the development is the subject of a declaration of intent as provided in Regulation .05 of this chapter, and that area of forest removed shall be:

(a) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or

(b) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed;

(21) The construction of a new federal government facility projected to house the employment of at least 2,500 persons; or

(22) The construction of multifamily housing, consisting of a single structure containing at least 25 dwelling units, provided that the development is the subject of a declaration of intent as provided in Regulation .05 of this chapter, and that the area of forest removed shall be:

(a) Reforested at a ratio of at least 1/4 acre replanted for each acre removed; or

(b) Mitigated in a manner in which 1/2 acre of forest is permanently protected for each acre removed.

B. Application. The provisions of this subtitle apply to:

(1)—(2) (text unchanged)

(3) A person filing an application for a subdivision, grading, or sediment control permit on areas of 40,000 square feet or greater, including public utility construction not exempt under §A of this regulation, after the dates provided for in §C of this regulation.

C.—D. (text unchanged)

.05 Declaration of Intent.

A. The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, §§5-103 and 5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

B. A person seeking an exemption under Regulation .04A(3), (4), (8), (11), [(15)] (18), (20), and (22) shall file a declaration of intent with the approving authority.

C.—F. (text unchanged)

G. The Department or local authority may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to:

(1)—(2) (text unchanged)

(3) Be subject to other enforcement actions appropriate under Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle; or

(4) (text unchanged)

H. (text unchanged)

I. A local program may substitute for the declaration of intent a procedure that assures that exempted activities do not circumvent the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

J.—K. (text unchanged)

L. Stream Restoration Projects. The requirement for a declaration of intent for a stream restoration project may be satisfied by submission of:

(1) A cover letter or narrative explaining how the proposed activity qualifies as a stream restoration project as described in Regulation .03 of this chapter;

(2) A copy of a binding maintenance agreement executed by the applicant and the affected property owner or owners for a term of at least 5 years;

(3) A simplified, intermediate, or full forest stand delineation, as determined by the Department or local authority; and

(4) Any additional documentation required by the Department or local authority to determine whether the proposed activity qualifies for the exemption and to verify compliance with the maintenance agreement.

M. Transit-Oriented Development. The requirement for a declaration of intent for transit-oriented development may be satisfied by submission of:

(1) A cover letter or narrative explaining how the proposed activity qualifies as transit-oriented development under Transportation Article, §7-101, Annotated Code of Maryland;

(2) Documentation supporting the applicant’s assertion that the proposed activity qualifies as transit-oriented development;

(3) A statement that the applicant will mitigate each acre of forest removed by:

(a) Reforesting at least 1/4 acre; or

(b) Permanently protecting at least 1/2 acre of forest;

(4) A simplified, intermediate, or full forest stand delineation, as determined by the Department or local authority; and

(5) Any additional documentation required by the Department or local authority to determine whether the proposed activity qualifies for the exemption and to verify compliance with the reforestation or protection requirement.

N. Multifamily Housing. The requirement for a declaration of intent for the construction of multifamily housing may be satisfied by submission of:

(1) A cover letter or narrative explaining how the proposed activity consists of the construction of multifamily housing in a single structure containing at least 25 dwelling units;

(2) Plans or other documentation demonstrating that the proposed activity consists of a single structure containing at least 25 dwelling units;

(3) A statement that the applicant will mitigate each acre of forest removed by:

(a) Reforesting at least 1/4 acre; or

(b) Permanently protecting at least 1/2 acre of forest;

(4) A simplified, intermediate, or full forest stand delineation, as determined by the Department or local authority; and

(5) Any additional documentation required by the Department or local authority to determine whether the proposed activity qualifies for the exemption and to verify compliance with the reforestation or protection requirement.

08.19.02 State Review and Approval of a Local Program

Authority: Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland

.01 General Requirements.

A. A unit of local government having planning and zoning authority:

(1) (text unchanged)

(2) May assign its obligation to its county, under Natural Resources Article, [§5-1603(a)(3)] §5-1603(a)(4), Annotated Code of Maryland, if it is a municipality and if the county and the Department concur.

B.—D. (text unchanged)

E. A county or municipality exempt under §§B—D of this regulation may at any time submit a local Forest Conservation Program to the Department for approval under Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

.02 Criteria for Evaluating Local Programs.

A. A local authority shall submit a proposed forest conservation program to the Department, for the Department's review and approval, which meets or is more stringent than the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

B. General Criteria. The forest conservation program of a local authority shall include:

(1) (text unchanged)

(2) The requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and the elements of each Article of the Model Forest Conservation Ordinance [provided in COMAR 08.19.03] enacted in substantively similar form as:

(a)—(b) (text unchanged)

(3) A technical manual which:

(a) (text unchanged)

(b) May be modeled after the [State] Forest Conservation Technical Manual;

(4) An explanation of how the local code provisions are consistent with Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland;

(5) A certification by the chief legal officer of the local authority or the chief executive officer that thresholds and standards have been adopted as stated in Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland; and

(6) Any other provisions necessary to implement the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

C. (text unchanged)

D. The local authority may provide incentives including:

(1)—(4) (text unchanged)

(5) Other provisions for conservation of forests that are consistent with Natural Resources Article, §§5-1601—[5-1612] 5-1613, and the local comprehensive land use plan and that are approved by the Department.

E. (text unchanged)

F. Activities which are granted an exemption from the local program are limited to those activities that:

(1) (text unchanged)

(2) Meet criteria established in the local program approved by the Department that demonstrate that the activities meet the:

(a) Thresholds and standards for forest retention and protection as set forth in Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland; and

(b) Standards [for sensitive areas protection as] established within the ecology element required [established] under [Article 66B, §§3.05—3.06] Land Use Article, §§1-414(a)(8) and 3-110(a)(8), Annotated Code of Maryland, and adopted in a local land use plan as defined in [Article 66B, §1.00(f)] Land Use Article §1-101(l), Annotated Code of Maryland.

G. (text unchanged)

H. Variance. The local program shall contain a provision that:

(1) (text unchanged)

(2) Establishes the right and authority of the Department to initiate or intervene in an administrative, judicial, or other original proceeding or appeal in the State concerning an approval of a variance under Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

I. Local Forest Conservation Fund.

(1) A local forest conservation fund may be established for:

(a) (text unchanged)

(b) Fines collected from persons in noncompliance with this subtitle or Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

(2)—(5) (text unchanged)

J. (text unchanged)

K. The local authority may allow an applicant to file the forest stand delineation and the forest conservation plan in a single submittal if the following requirements are met:

(1) (text unchanged)

(2) The local authority demonstrates that the procedure:

(a) (text unchanged)

(b) Complies with the standards and requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

L. The local program may substitute for the declaration of intent a procedure that assures exempted activities do not circumvent the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

M. Forest Stand Delineations.

(1) A local program may include other requirements than those referenced in Natural Resources Article, §5-1604(b)(1)—(3), Annotated Code of Maryland, for the approval of a forest stand delineation, if the following conditions are met:

(a) The standards of Natural Resources Article, §§5-1601—[5-1612] 5-1613 Annotated Code of Maryland, and this subtitle are met; and

(b) (text unchanged)

(2) A local program may adopt the standards for forest stand delineations in COMAR 08.19.04 or procedures as described in the [State] Forest Conservation Technical Manual.

N. Linear Project Applications.

(1) (text unchanged)

(2) A local program may adopt the standards in COMAR 08.19.04 or the procedures as described in the [State] Forest Conservation Technical Manual.

O. Other Forest Conservation Credits for Special Project Areas.

(1) A local program approved by the Department may include additional steps as described in this section in the priority sequence for afforestation or reforestation as authorized in Natural Resources Article, [§5-1607(b)(2)] §5-1607(b)(3), Annotated Code of Maryland, for specific development projects which are located in:

(a) (text unchanged)

(b) An existing area as designated under an adopted local land use plan which meets the standards of [Article 66B, §§3.05—3.06] Land Use Article, §§1-414 and 3-110, Annotated Code of Maryland; or

(c) (text unchanged)

(2) The additional steps for afforestation or reforestation are limited to:

(a) Use of street trees if:

(i)—(iii) (text unchanged)

(b) Acquisition of protective easements on existing forested areas, if:

(i) (text unchanged)

(ii) The afforestation or reforestation credit granted does not exceed 50 percent of the area of forest cover protected through the acquisition of the easement [.] ; or

(c) Restoration of on-site or off-site degraded forest, including enhancement without grading, removal of invasive species, wildlife control, improvement of understory, and new tree plantings if:

(i) The forest proposed for restoration meets the definition of degraded forest under COMAR 08.19.01.03B(13); and

(ii) The afforestation or reforestation credit granted does not exceed 50 percent of the area of forest restored; or

(d) Establishment of planted green infrastructure or planted environmental site design practices beyond the amount required by any program authorized by Environment Article, §4-203, Annotated Code of Maryland, which may be granted full credit as a mitigation technique.

P. The local program may contain provisions more stringent than the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle.

Q. Repealed.

R. (text unchanged)

.03 Local Program Filing Requirements.

A. The local authority shall include in its application for the Department's approval:

(1)—(2) (text unchanged)

(3) Three copies of proposed laws, ordinances, regulations, or amendments to existing laws, ordinances, or regulations, including code provisions and permit requirements, which show that the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle have been met;

(4)—(6) (text unchanged)

B.—I. (text unchanged)

.04 Local Authority's Forest Mitigation Bank Program.

A. General Authorization. A local program approved by the Department may include provisions for forest mitigation banks to be established. A forest mitigation bank may allow applicants to meet the requirements of this subtitle and Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland, by purchasing credits from an approved forest mitigation bank.

(1) Forest mitigation banks established under this section may consist of:

(a) Afforestation or reforestation; or

(b) Qualified Conservation of existing forest.

(2) Where a forest mitigation bank contains both newly planted forest and Qualified Conservation, credits generated from each shall be tracked separately.

B. General Requirements of Forest Mitigation Banks. A local program shall require all forest mitigation banks, regardless of type, to:

(1) Afforest or reforest an area of land in accordance with an approved forest mitigation bank agreement;

(2) Be protected by an easement, deed restrictions, or covenants which:

(a) Require the land in the bank to remain forested in perpetuity; and

(b) Are enforceable by the local authority and the Department;

(3) Limit the use of the land in the bank to those activities which are consistent with:

(a) Forest conservation, such as recreational activities that do not include or require tree clearing;

(b) Forest management pursuant to a forest conservation and management agreement as provided in Tax-Property Article, §8-211, Annotated Code of Maryland; or

(c) Activities specified in a Forest Management Plan prepared by a Maryland licensed forester and approved by the Department.

(4) Include a description of the system to be used by the banker to identify and track which portions of the bank have been debited to meet an applicant's off-site afforestation or reforestation requirements; and

(5) Require the owner of the bank to enter into an agreement with the local authority which contains the approved system for marking and tracking which portions of the bank have been debited;

C. Additional Requirements for Afforestation or Reforestation Mitigation Banks.

(1) A local program shall require an afforestation or reforestation mitigation bank to:

(a) Afforest or reforest an area of land in accordance with an approved forest mitigation bank agreement;

(b) Use native plant materials for afforestation or reforestation unless the applicant demonstrates to the Department or local program that no suitable native species exists for the specific site conditions, and the Department or local program approves the use of non-native species in writing; and

(c) Cause trees to be planted that shall:

(i) Establish or enhance forested buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet for intermittent and perennial streams, as measured horizontally from the top of each normal bank;

(ii) Establish forested corridors or enhance existing forested corridors to connect existing forest within or adjacent to the site;

(iii) Establish or enhance forest buffers adjacent to critical habitats where appropriate;

(iv) Establish or enhance forested areas in 100-year floodplains;

(v) Stabilize slopes of 25 percent or greater;

(vi) Stabilize slopes of 15 percent or greater with a soil K value greater than 0.35, including the slopes of ravines or other natural depressions;

(vii) Establish forest buffers adjacent to areas of differing land use where the buffer would reduce conflict between incompatible uses and no other protective mechanism applies, or adjacent to highways or utility rights-of-way where planting is authorized by the right-of-way holder and is physically practicable; or

(viii) Establish additional forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate. 

(2) Forested corridors should achieve a minimum width of 300 feet to facilitate wildlife movement, except where site dimensions, parcel boundaries, or existing limits of disturbance preclude a corridor of that width.

(3) A local program shall require an individual proposing to establish a planting-based forest mitigation bank to submit a:

(a) Completed application on a form approved by the Department and signed by an authorized individual in conformance with COMAR 08.19.04.02I;

(b) Forest mitigation bank plan which contains a:

(i) Vicinity map of the proposed mitigation bank site;

(ii) Simplified forest stand delineation which meets the criteria in COMAR 08.19.04.02;

(iii) Detailed afforestation or reforestation plan prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A, which includes a timetable and description of the site and soil preparation needed, species, size, and spacing to be utilized; and

(iv) Proposed 2-year maintenance agreement that sets forth how the areas afforested or reforested will be maintained to ensure protection and satisfactory establishment, that complies with COMAR 08.19.04.05C(4)(a), and includes watering and reinforcement planting provisions if survival falls below required standards;

(c) Copy of the deed of the property;

(d) Survey or other legally sufficient description of the bank site for inclusion in the deeds of easement, deed restrictions, or covenants; and

(e) Title report or other assurance that:

(i) The property is not encumbered by any covenants or other types of restrictions which would impair the property's use as a forest mitigation bank; and

(ii) There is legally sufficient access to the forest mitigation bank site which can be used by the local government and the Department to inspect the property.

(4) A local program shall require the owner of a planting-based mitigation bank to enter into an agreement which additionally contains the:

(a) Approved reforestation or afforestation plan; and

(b) Acknowledgment that the bank may not debit any portion of the afforested or reforested land until the trees planted have successfully survived for 2 years from the date of planting, unless:

(i) The banker has posted a bond or alternate form of security to ensure successful establishment; and

(ii) The banker has planted at least 25 percent more trees than required under the approved forest mitigation bank plan.

D. Additional Requirements for Qualified Conservation Mitigation Banks.

(1) A local program approved by the Department may include provisions for the establishment of a Qualified Conservation mitigation bank, from which applicants may purchase credits toward the afforestation or reforestation requirements of this subtitle and Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland.

(2) Retention of existing forest through the establishment of a Qualified Conservation mitigation bank shall be located in a priority area for retention as described in Natural Resources Article, §5-1607(c), Annotated Code of Maryland.

(3) A local program shall require a Qualified Conservation mitigation bank to:

(a) Consist of existing forest as defined in Natural Resources Article, §5-1601, Annotated Code of Maryland;

(b) Be protected by a conservation easement, deed restriction, or covenant that:

(i) Requires the land in the bank to remain forested in perpetuity;

(ii) Prohibits clearing, grading, or conversion of forest except as authorized under an approved forest management plan; and

(iii) Is enforceable by the local authority and the Department pursuant to Natural Resources Article, §5-1610.1, Annotated Code of Maryland;

(c) Not generate credits for forest that is already permanently protected under a recorded conservation easement at the time of application; and

(d) Include a forest management plan.

(4) A local program shall require an individual proposing to establish a Qualified Conservation mitigation bank to submit a:

(a) Completed application on a form approved by the Department and signed by an authorized individual in conformance with COMAR 08.19.04.02I;

(b) Qualified Conservation mitigation bank plan which contains a:

(i) Vicinity map of the proposed bank site;

(ii) Simplified forest stand delineation which meets the criteria in COMAR 08.19.04.02;

(iii) Documentation demonstrating the site's location within a priority area for retention pursuant to Natural Resources Article, §5-1607(c), Annotated Code of Maryland;

(iv) A proposed conservation easement, deed restriction, or covenant meeting the requirements of COMAR 08.19.05.02; and   

(v) A forest management plan;

(c) Copy of the deed of the property;

(d) Survey or other legally sufficient description of the bank site for inclusion in the deeds of easement, deed restrictions, or covenants; and

(e) Title report or other assurance that:

(i) The property is not encumbered by any covenants or other types of restrictions which would impair the property's use as a Qualified Conservation mitigation bank; and

(ii) There is legally sufficient access to the bank site which can be used by the local government and the Department to inspect the property.

(5) A local program shall require the owner of an approved Qualified Conservation mitigation bank to enter into an agreement which additionally contains the:

(a) Approved Qualified Conservation mitigation bank plan;

(b) Confirmation that no credits may be debited until the required conservation easement, deed restriction, or covenant has been executed and recorded in the land records; and

(c) Provisions for long-term inspection, enforcement, and stewardship of the protected forest.

E. Use of Qualified Conservation Credits — Limitations.

(1) A local program shall require that Qualified Conservation credits may be used to satisfy no more than 50 percent of the required afforestation or reforestation for a given project, provided that the afforestation or reforestation credit granted does not exceed 50 percent of the forest area encumbered in perpetuity.

(2) Notwithstanding §E(1)of this regulation, Qualified Conservation credits may be used to satisfy up to 60 percent of the required afforestation or reforestation if approved by the Department, provided that:

(a) The applicant submits a written justification for the increase to the Department;

(b) The local program has provided an opportunity for public comment on the proposed increase before approving it; and

(c) The approval is documented in the administrative record and includes findings that the increased use of Qualified Conservation will not diminish overall forest conservation outcomes within the county.

(3) Afforestation or reforestation mitigation bank credits are not subject to the limitations in §E(1) of this regulation and may be used to meet up to 100 percent of the required afforestation or reforestation for a given project.

[.04] .05 Biennial Review.

A. (text unchanged)

B. The review shall consist of:

(1)—(2) (text unchanged)

(3) An evaluation of compliance with the performance standards and required forest conservation measures provided in Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland.

C. (text unchanged)

D. A local authority having a proposed amendment to its program shall demonstrate to the Department's satisfaction that the proposed amendment is as stringent or more stringent than the provisions of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

E. The Department may conduct a review at any time it receives information that a local program is being administered in substantial violation of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

F.—J. (text unchanged)

08.19.03 [Model Forest Conservation Ordinance] Incorporation by Reference

Authority: Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland

.01 Incorporation by Reference.

In this subtitle, the Forest Conservation Technical Manual (Maryland Department of Natural Resources, Maryland Forest Service, 4th Edition, December 2024) is incorporated by reference.

08.19.04 State Forest Conservation Program

Authority: Natural Resources Article, §§1-104 and 5-1601—[5-1612] 5-1613; State Government Article, §10-206; Annotated Code of Maryland

.02 Forest Stand Delineation Submittal Procedures.

A. The Department shall:

(1) Review an application for a forest stand delineation to determine whether it is complete and correct; and

(2) Acknowledge receipt of the application in writing by [regular mail.]:

(a) Regular mail; or

(b) Electronic mail, if the applicant agrees.

B. The Department shall consider a forest stand delineation application complete if the application contains all of the following information:

(1) (text unchanged)

(2) An environmental features map, also known as a forest stand delineation map, which is prepared at the same scale as the proposed development plan showing where applicable:

(a)—(f) (text unchanged)

(g) Hydric soils, erodible soils on slopes of 15 percent or more, and soils with structural limitations as classified by USDA soil surveys; [and]

(h) Forests suitable for forest interior-dwelling species;

(i) Tier II or Tier III high quality watersheds as identified in COMAR 26.08.02.04-2 and 26.08.02.04-3;

(j) Water resource protection zones, reservoir watersheds, and wellhead protection areas as identified by a local jurisdiction; and

(k) Forests in urban areas that are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution as delineated in the priority urban forest maps, referred to in the Forest Conservation Technical Manual.

(3) (text unchanged)

C. (text unchanged)

D. An intermediate forest stand delineation may be used if:

[(1) The forest retention on a development site will be greater or equal to the calculation of a break-even amount as provided in Natural Resources Article, §5-1606(b)—(e), Annotated Code of Maryland; ]

[(2)] (1) (text unchanged)

[(3)] (2) The environmental features map, in addition to the requirements in §C(4) of this regulation, exhibits:

(a) The calculations necessary to demonstrate that the development proposal meets the condition of forest retention and protection [in an amount greater than or equal to the break-even amount];

(b)—(f) (text unchanged)

E.—K. (text unchanged)

.04 Preliminary Forest Conservation Plan Submittal Procedures.

A. (text unchanged)

B. The Department shall:

(1) (text unchanged)

(2) Acknowledge receipt of the preliminary forest conservation plan in writing by [regular mail.]:

(a) Regular mail; or

(b) Electronic mail, if the applicant agrees.

C.—J. (text unchanged)

.05 Final Forest Conservation Plan Submittal Procedures.

A. (text unchanged)

B. The Department shall:

(1) (text unchanged)

(2) Acknowledge receipt of the final forest conservation plan in writing by [regular mail.]:

(a) Regular mail; or

(b) Electronic mail, if the applicant agrees.

C.—I. (text unchanged)

.06 State Procedures for Minor Development Projects.

A. An applicant may file the forest stand delineation and the forest conservation plan in a single submittal, if the following requirements are met:

(1) The activity is a minor development project as defined in COMAR [08.19.01.03B(29)] 08.19.01.03B(34); and

(2) (text unchanged)

B. The Department shall:

(1) (text unchanged)

(2) Make a determination in the processing of the form that the minor development project is in compliance with the standards and requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

.07 Afforestation and Retention.

A.—B. (text unchanged)

C. The following trees, shrubs, plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Department, that all reasonable efforts have been made to protect them and the plan cannot reasonably be altered:

(1) Trees, shrubs, and plants located in sensitive areas including the 100-year floodplain, intermittent and perennial streams and their buffers, coastal bays and their buffers, steep slopes, nontidal wetlands, and critical habitats; [and]

(2) Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site[.];

(3) Forest suitable for interior dwelling species;

(4) Forest located in a Tier II or Tier III high quality watershed as identified by COMAR 26.08.02.04-2 and 26.08.02.04-3;

(5) Forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area as identified by a local jurisdiction; and

(6) Forests in urban areas that are most important for providing wildlife habitat or mitigating flooding, high temperatures, or air pollution.

D. (text unchanged)

E. Upon meeting the afforestation requirements in this section, all unforested riparian buffers on site shall be afforested, unless the applicant demonstrates to the Department that afforestation in the riparian buffer:

(1) Would be in conflict with allowable uses for the riparian buffer;

(2) Is located on public park property and conflicts with the park's documented mission or stewardship practices; or

(3) Is not suitable for the establishment and retention of the required planting materials, in which case substitute environmental protection measures must be implemented.

F. Solar photovoltaic facilities may not be subject to afforestation requirements but are subject to reforestation requirements.

G. The Department shall issue written findings and justification for any clearing of a priority retention area described in §C or D of this regulation.

.08 Reforestation.

A. [Forest conservation thresholds are established for each land use category, as provided in §B of this regulation. The forest conservation threshold is the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of 2 acres planted for each acre removed below the threshold.] Reforestation Ratios.

(1) Except as provided in §A(2) of this regulation, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area, the area of forest removed shall be reforested at a ratio of 1 acre planted for every 1 acre removed.

(2) For all existing forest cover within a designated priority funding area, specified under State Finance and Procurement Article, §5–7B–03, Annotated Code of Maryland, any cleared forest cover not identified for priority retention as described in Natural Resources Article, §5-1607(c), Annotated Code of Maryland shall be reforested at a ratio of 1/2 acre planted for every 1 acre removed. The cleared area shall be measured on the net tract area to the nearest 1/10 acre.

B. After reasonable efforts to minimize the cutting or clearing of forests or trees or other woody plants have been exhausted in the development of a subdivision plan, project plan, or grading or sediment control activity, the forest conservation plan shall provide for reforestation, purchase of credits from a forest mitigation bank, or payment into the State forest conservation fund, according to the formula provided in [§D] §A of this regulation.[, which is consistent with Regulation .03 of this chapter and the following forest conservation thresholds for the applicable land use category:

Category of Use Threshold Percentage

(1) Agricultural and resource areas 50 percent;

(2) Medium density residential areas 25 percent;

(3) Institutional development areas 20 percent;

(4) High density residential areas 20 percent;

(5) Mixed use and planned unit development areas 15 percent;

(6) Commercial and industrial use areas 15 percent.

C. In a jurisdiction that does not have a local program in effect, the Department shall designate the forest conservation threshold for each of that jurisdiction's zoning categories.

D. Reforestation Formula.

(1) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold established by §B of this regulation, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for each acre removed.

(2) Each acre of forest retained on the net tract area above the threshold shall be credited against the total number of acres required to be reforested under §D(1) of this regulation.

(3) For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold established by §B of this regulation, the area of forest removed shall be reforested at a ratio of 2 acres planted for each acre removed below the threshold.]

[E.] C. (text unchanged)

[F.] D. A sequence other than the one described in [§E] §C of this regulation may be used for a specific project, if necessary, to achieve the objectives of the county land use plan or county land use policies, or to take advantage of opportunities to consolidate forest conservation efforts.

[G.] E. The following are considered a priority for afforestation or reforestation as provided for in Natural Resources Article, §5-1607(d), Annotated Code of Maryland:

(1)—(5) (text unchanged)

(6) Increase overall area of contiguous forest; [and]

(7) Establish or enhance forested areas in the 100-year floodplains.

[H.] F.—[J.] H. (text unchanged)

I. Upon meeting the reforestation requirements in this section, all unforested riparian buffers on site shall be reforested.

.09 State Forest Conservation Fund.

A. (text unchanged)

B. Fines collected from persons found to be in noncompliance with their declaration of intent, forest conservation plan or the associated 2-year maintenance agreement, this subtitle, or local ordinances and regulations, may be used by the Department for any costs associated with the implementation of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle.

C. If payments deposited under §A of this regulation remain unencumbered in the Fund longer than [2] 5 years or [3] 6 growing seasons, the applicant may file a request, on a form provided by the Department, for the return of the unencumbered and unspent monies, if the applicant demonstrates to the satisfaction of the Department that the returned monies will be spent on tree plantings that:

(1)—(2) (text unchanged)

D. Payment into the fee-in-lieu fund shall be determined by the Department and the rate amount shall be adjusted yearly for inflation based on the previous year’s inflation rates:

(1) For a project inside a priority funding area, as defined in Natural Resources Article, §5-1610, Annotated Code of Maryland at a rate of [30.5] 43 cents per square foot of the area required planting; and

(2) For a project outside a priority funding area, at a rate of [36.6] 51 cents per square foot of the area of required planting.

.09-1 State Forest Mitigation Banks.

A. A person may create a forest mitigation bank from which applicants may purchase credits [by afforesting or reforesting an area of land in accordance with a forest mitigation bank plan which has been approved by the Department] to satisfy afforestation, reforestation, or Qualified Conservation requirements under this chapter.

[B. The area of land on which the bank is planted shall be a minimum of 1 acre.

C. A forest mitigation bank shall use native plants for afforestation and reforestation, unless inappropriate.

D. A person proposing to create a forest mitigation bank shall submit to the Department:

(1) A completed application on a form approved by the Department which has been signed by an authorized individual in conformance with COMAR 08.19.04.02I; and

(2) A forest mitigation bank plan which shall include:

(a) A 2-year maintenance agreement which meets all the standards described in COMAR 08.19.05;

(b) A bond or other alternate form of security to ensure that the trees will be cared for and maintained for 2 years or until sufficiently established, whichever is longer;

(c) All the information required by Regulation .04 of this chapter for a preliminary forest conservation plan; and

(d) The draft easement, covenants, or deed restrictions which will be sold to the developer when credits are withdrawn from the bank.

E. A forest mitigation bank shall:

(1) Establish or enhance forest buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet;

(2) Establish or increase existing forested corridors, which where practical should be a minimum of 300 feet in width to facilitate wildlife movement, to connect existing forests within or adjacent to the site;

(3) Establish or enhance forested buffers adjacent to critical habitats where appropriate;

(4) Establish or enhance forested areas in 100-year floodplains;

(5) Stabilize slopes of 25 percent or greater;

(6) Stabilize slopes of 15 percent or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions;

(7) Establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights-of-way; or

(8) Establish forested areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate.

F. Credits may not be debited from a forest mitigation bank until the trees planted in the bank have successfully survived for 2 years from the date of planting unless the bank has planted 25 percent more trees than is required for the project.

G. On or before March 1 of each year, a forest mitigation bank shall submit an annual report to the Department which contains a list of all the tracts debited from the bank during the previous year.

H. In order to debit credits from an approved forest mitigation bank, an applicant may draw credits from a forest mitigation bank by conveying or causing to be conveyed to the Department or its assignees, the easement, covenants, or deed restrictions which ensure that the newly reforested or afforested area of land shall remain a forest in perpetuity. The credits shall purchase the amount of land identified in Regulation .08 of this chapter.]

B. Forest Mitigation Bank—Afforestation and Reforestation.

(1) Establishment.

(a) A person may create an Afforestation or Reforestation Mitigation Bank by afforesting or reforesting an area of land in accordance with a Forest Mitigation Bank Plan approved by the Department.

(b) The area of land on which the bank is established shall be a minimum of 1 acre.

(c) The Forest Mitigation Bank shall be located in an area identified as a priority for afforestation or reforestation pursuant to Natural Resources Article, §5-1607(d), Annotated Code of Maryland, or as otherwise identified by the Department.

(d) Native plant materials shall be used for afforestation or reforestation, unless the applicant demonstrates to the Department that no suitable native species exists for the specific site conditions, and the Department approves the use of non-native species in writing.

(2) A Forest Mitigation Bank established for afforestation or reforestation shall:

(a) Afforest or reforest land in accordance with an approved Forest Mitigation Bank Agreement;

(b) Be protected by an easement, deed restriction, or covenant that:

(i) Requires the land in the bank to remain forested in perpetuity; and

(ii) Is enforceable by the Department and, where applicable, the local authority;

(c) Limit the use of the land in the bank to those activities which are consistent with:

(i) Forest conservation, such as recreational activities that do not include or require tree clearing;

(ii) Forest management pursuant to a forest conservation and management agreement as provided in Tax-Property Article, §8-211, Annotated Code of Maryland; or

(iii) Activities specified in a Forest Management Plan prepared by a Maryland licensed forester and approved by the Department;

(d) Establish or enhance forested buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet for intermittent and perennial streams, measured horizontally from the top of bank;

(e) Establish or enhance forested corridors, which where practical shall be a minimum of 300 feet in width to facilitate wildlife movement and connect existing forests;

(f) Establish or enhance forest buffers adjacent to critical habitats where appropriate;

(g) Establish or enhance forested areas in 100-year floodplains;

(h) Stabilize slopes of 25 percent or greater;

(i) Stabilize slopes of 15 percent or greater with a soil K value greater than 0.35, including slopes of ravines or natural depressions;

(j) Establish buffers adjacent to areas of differing land use, highways, or utility rights-of-way; and

(k) Establish additional forested areas adjacent to existing forests to increase contiguous forest cover.

(3) A person proposing to establish an Afforestation or Reforestation Forest Mitigation Bank shall submit to the Department:

(a) A completed application on a form approved by the Department, signed in conformance with COMAR 08.19.04.02I;

(b) A Forest Mitigation Bank Plan which includes:

(i) A vicinity map of the proposed mitigation bank site;

(ii) A simplified forest stand delineation meeting COMAR 08.19.04.02;

(iii) A detailed afforestation or reforestation plan prepared by a licensed Maryland forester, licensed landscape architect, or Qualified Professional, including species, size, spacing, site preparation, and timetable;

(iv) A proposed 2-year maintenance agreement complying with COMAR 08.19.04.05C(4)(a), including watering and reinforcement planting provisions;

(v) A bond or alternate form of security acceptable to the Department, to ensure successful establishment for 2 years or until sufficiently established, whichever is longer; and

(vi) The draft easement, deed restriction, or covenant;

(c) A copy of the deed to the property;

(d) A survey or legally sufficient description of the bank site;

(e) A title report demonstrating that the property is not encumbered in a manner that would impair its use as a mitigation bank and that legally sufficient access exists; and

(f) Description of the system to be used by the banker to identify and track which portions of the bank have been debited to meet an applicant's off-site afforestation or reforestation requirements.

(4) Credit Release and Debiting.

(a) Credits may not be debited until the trees planted have successfully survived for 2 years from the date of planting.

(b) Credits may be released earlier if the bank has posted a bond or alternate security and planted 25 percent more trees than required.

(c) Credits shall be debited only upon conveyance and recordation of the easement, deed restriction, or covenant ensuring perpetual protection.

(d) On or before March 1 of each year, the bank owner shall submit an annual report to the Department listing all tracts debited during the previous calendar year.

C. Forest Mitigation Bank—Qualified Conservation.

(1) General.

(a) A person may create a Forest Mitigation Bank that retains existing forest from which applicants may purchase Qualified Conservation credits toward afforestation or reforestation requirements.

(b) Qualified Conservation banks are intended to preserve high-value existing forest resources that contribute to long-term forest retention goals established under State law.

(2) A Qualified Conservation Forest Mitigation Bank shall:

(a) Be located in a priority retention area as described in Natural Resources Article, §5-1607(c), Annotated Code of Maryland;

(b) Be protected by a conservation easement, deed restriction, or covenant that:

(i) Requires the forest to remain in perpetuity;

(ii) Prohibits clearing, grading, or conversion except as authorized under an approved Forest Management Plan; and

(iii) Is enforceable by the Department;

(c) Limit the use of the land in the bank to those activities which are consistent with:

(i) Forest conservation, such as recreational activities that do not include or require tree clearing;

(ii) Forest management pursuant to a forest conservation and management agreement as provided in Tax-Property Article, §8-211, Annotated Code of Maryland; or

(iii) Activities specified in a Forest Management Plan prepared by a Maryland licensed forester and approved by the Department; and

(d) Not generate credits for forest that is already permanently protected under a recorded conservation easement.

(3) An applicant proposing a Qualified Conservation Forest Mitigation Bank shall submit:

(a) A completed application signed by a licensed Maryland forester, licensed landscape architect, or Qualified Professional;

(b) A Qualified Conservation Mitigation Bank Plan including:

(i) Vicinity map of the proposed Qualified Conservation site;

(ii) Simplified forest stand delineation;

(iii) Documentation demonstrating location within a priority retention area;

(iv) Draft conservation easement, deed restriction, or covenant; and

(v) Forest Management Plan describing proposed conservation and management techniques consistent with methods set forth in the Forest Conservation Technical Manual; and

(c) Deed, survey, title report, and credit tracking system documentation.

(4) Credit Use and Limitations.

(a) Qualified Conservation credits may be used to satisfy up to 50 percent of an applicant’s afforestation or reforestation requirement.

(b) If a local jurisdiction proposes, and after public comment the Department approves a written justification, Qualified Conservation credits may satisfy up to 60 percent of the required afforestation or reforestation.

(c) Credits may not be debited until the conservation easement, deed restriction, or covenant has been executed and recorded.

(d) Credit ratios to be applied for Qualified Conservation credits shall be set forth in the Forest Conservation Technical Manual, which is incorporated by reference in COMAR 08.19.03.01.

D. Agreement and Long-Term Stewardship.

(1) The owner of an approved forest mitigation bank shall enter into a written agreement with the Department incorporating the approved plan and credit tracking system.

(2) The agreement shall include provisions for long-term inspection, monitoring, reporting, enforcement, and stewardship of the mitigation bank.

.10 Variance.

A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.

B.—C. (text unchanged)

.11 Public Notice.

A. [The Department shall issue a public notice of an opportunity to submit written comments or to request a public hearing after the Department has determined that applications for the following are complete] A public notice of an opportunity to submit written comments or to request a public hearing shall be issued after the Department has determined that applications for the following are complete:

(1)—(2) (text unchanged)

B. (text unchanged)

C. The public notice may be given by:

(1)—(2) (text unchanged)

(3) The applicant, with pre-approval by the Department;

[(3)] (4)—[(5)] (6) (text unchanged)

D. At least 20 days before approval of the Forest Conservation Plan, the Department shall:

(1) Provide notice by certified mail to all property owners abutting and adjacent to the boundary of the subject property of any proposed clearing of a priority retention area;

(2) On a net tract area of at least 5 acres, and if at least 75 percent of the priority retention area is proposed to be cleared, provide an opportunity for written and verbal comment before plan approval;

(3) For any other project where priority retention area is proposed for clearing, provide an opportunity for public written comment before plan approval; and

(4) Property separated from the subject property by a public right-of-way shall be considered abutting and adjacent.

.12 Public Information Hearing.

A. (text unchanged)

B. If requested, a public information hearing shall be held on a forest conservation plan or a minor subdivision plan application within 45 days of the expiration date specified in the public notice. After setting the date, time, and place for the hearing, the Department shall [mail] send a hearing notice only to those persons on the interested persons list.

C.—I. (text unchanged)

.13 Approval Decision and Appeal.

A.—C. (text unchanged)

D. Determination of Request for Contested Case Hearing.

(1) The Director or the Director's designee shall review a request for a contested case hearing to determine whether the person requesting a hearing has:

(a) (text unchanged)

(b) Raised at least one issue that is related to the subject of the final forest conservation plan and arises under Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, or this subtitle; and

(c) (text unchanged)

(2)—(5) (text unchanged)

.15 Riparian Buffers.

A. All unforested riparian buffers on site shall be afforested and reforested, unless the applicant demonstrates to the Department or the local authority that afforestation in the riparian buffer:

(1) Would be in conflict with allowable uses as established for the riparian buffer;

(2) Is located on public park property and conflicts with the park's documented mission or stewardship practices; or

(3) Is not suitable for the establishment and retention of the required planting materials, in which case substitute environmental protection measures must be implemented.

.16 Alternative Afforestation, Reforestation, and Preservation Requirements.

A. Submission. A local authority proposing alternative afforestation, reforestation, or retention requirements under Natural Resources Article, §5-1606.1, Annotated Code of Maryland, shall submit to the Department:

(1) The proposed ordinance language;

(2) A written analysis demonstrating how the proposed requirements are expected to maintain the existing level of forest cover over a 4-year period; and

(3) Any supporting data relied upon in the analysis.

B. Department Evaluation. The Department shall evaluate the proposal based on:

(1) Consistency with Natural Resources Article, §§5-1606.1, Annotated Code of Maryland;

(2) The projected impact on forest clearing, retention, afforestation, and reforestation within the jurisdiction; and

(3) Any additional information requested by the Department.

C. Establishment of Baseline Existing Level of Forest Cover.

(1) For purposes of Natural Resources Article, §5-1606.1, Annotated Code of Maryland, the existing level of forest cover shall be established at the beginning of each 4-year evaluation period.

(2) The baseline shall be calculated using the most recent complete annual report submitted under Natural Resources Article, §5-1613, Annotated Code of Maryland, and shall reflect:

(a) Total forest acreage subject to the local forest conservation program;

(b) Acreage of forest cleared;

(c) Acreage of forest permanently protected or preserved through retention; and

(d) Acreage of afforestation and reforestation credited.

(3) The baseline shall be re-established at the beginning of each subsequent 4-year evaluation period.

D. Performance Evaluation.

(1) At the conclusion of two consecutive 2-year periods, the Department shall compare:

(a) Total acreage of forest cleared during the evaluation period; and

(b) Total acreage of forest retained, afforested, reforested, or permanently preserved during the same period.

(2) A local program shall be considered to have maintained its existing level of forest cover if the total acreage under §D(1)(b) of this regulation equals or exceeds the total acreage under §D(1)(a) of this regulation.

(3) The Department may account for planting survival timelines where required planting has been initiated but not fully established by the end of the evaluation period.

(4) Forest area evaluated pursuant to §(D)(1) of this regulation shall only include acreage subject to a local forest conservation program.

08.19.05 Forest Conservation Maintenance and Management Agreements

Authority: Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland

.02 Long-Term Protective Agreements.

A.—C. (text unchanged)

D. Other Legally Binding Protective Agreements.

(1) (text unchanged)

(2) Other legally binding agreements shall provide:

(a) Protection for land forested, afforested, or reforested under Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland, and this subtitle; and

(b) (text unchanged)

(3) (text unchanged)

E.—F. (text unchanged)

08.19.06 Additional Requirements for State and Local Programs

Authority: Natural Resources Article, §§1-104 and 5-1601—5-1613; State Government Article, §10-206; Annotated Code of Maryland

.03 Enforcement.

A.—C. (text unchanged)

D. Plan Suspension and Revocation. The Department may suspend or revoke a plan after notice to the violator and opportunity for a hearing has been provided if the Department determines that one or more of the following has occurred:

(1) (text unchanged)

(2) Failure to comply with the requirements of an administrative action or order issued under this subtitle, or for a violation of Natural Resources Article, §§5-1601—[5-1612] 5-1613, Annotated Code of Maryland;

(3)—(6) (text unchanged)

E.—G. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Title 09
DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-165-P]

The Maryland Racing Commission proposes to amend Regulation .45 under COMAR 09.10.01 Thoroughbred Rules.

Statement of Purpose

The purpose of this action is to ensure immediate safety interventions by requiring stewards to scratch injured horses rather than merely excusing them. It also expands track-level fine limits to $10,000, matching the updates made in the harness racing chapters. To redefine the duties, operational jurisdiction, and penalty limits of thoroughbred stewards, making the scratching of injured horses mandatory and expanding temporary licensing capabilities. It also increases the maximum amount an individual licensed by the Commission can be fined from $2,500 to $10,000. Raising fines to $10,000 now aligns the Commission with standard practices of what surrounding racing jurisdictions (Delaware, Virginia, and Pennsylvania) and national racing organizations (HISA, HIWU, ARCI) can fine licensees in violation of rules of racing.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd. Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.45 Stewards.

A. When a vacancy occurs among the racing officials before post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, [the stewards immediately shall fill the vacancy] the licensee shall fill the vacancy in consultation with the stewards. The appointment shall be effective only for the day, unless the association fails to fill the vacancy on the following day and notifies the stewards of its action not less than 1 hour before the post time of the first race of the day.

B. (text unchanged)

C. [The stewards shall take notice of any questionable conduct with or without complaint thereof.] Reserved.

D. It is the duty of the stewards to [see to it] ensure that horses arrive at the starting post as near to the advertised post time as practical.

E. In case of accident or casualty to a horse before off-time, the stewards [may excuse that horse] shall scratch that horse.

F.—G. (text unchanged)

H. The stewards have the power to interpret these rules [and to decide all questions not specifically covered by them].

I. (text unchanged)

J. [The] For conduct relating exclusively to horse racing, the stewards have the power and the duty to regulate and govern the conduct of all racing officials and of all owners, trainers, jockeys, grooms, and other persons attendant on horses during, before, and after races.

K.—Q. (text unchanged)

R. [A steward may appoint his own deputy at any time.] Reserved.

S. [Appointment of any deputy or deputies for a steward or stewards shall be reported immediately to the Commission and its approval obtained.] Reserved.

T.—U. (text unchanged)

V. Violations.

(1) If the stewards find that an individual licensed by the Commission has violated a regulation of the Commission or has been involved in any improper [turf practice] racing related practices, they may:

(a)—(b) (text unchanged)

(c) Suspend the license of the individual to act or ride for a period not exceeding [90 days] 2 years;

(d) Fine the individual not more than [$2,500] $10,000; or

(e) (text unchanged)

(2) If the stewards consider that the violation merits sanctions beyond those permitted under §V(1) of this regulation, they shall promptly refer the matter to the Maryland Racing Commission, which shall institute proceedings against the individual as set forth under [COMAR 09.10.04.05] COMAR 09.10.04.06.

(3)—(5) (text unchanged)

W. [If any case occurs which is not, or which is alleged not to be, provided for by these rules, it shall be determined by the stewards in such manner as they think just and conformable to the usages of the turf.] Reserved.

X. Penalties.

(1) The stewards may impose such [punishment] penalties and take such other action in the matter as they deem to be within the intent of these rules, including reference to the Commission.

(2) (text unchanged)

Y. Exclusions.

(1) The stewards may exclude from all places under their control an individual:

(a) (text unchanged)

(b) Found guilty of any corrupt or fraudulent [turf] racing practices.

(2) (text unchanged)

Z.—AA. (text unchanged)

BB. When the ownership of any horse entered in a race is in dispute, the stewards may not permit the horse to run in the race unless, and until, its ownership is [definitely] definitively established to their satisfaction.

CC. (text unchanged)

DD. If the stewards at any time are satisfied that the [riding] ride [of] in any race was done to intentionally foul, or that any jockey was instructed or induced [so] to ride in that matter, all persons whom the stewards deem [guilty of complicity] responsible shall be suspended, and the case shall be reported to the Commission for such additional action as it may deem necessary.

EE.—FF. (text unchanged)

GG. A full board of stewards shall be in the stewards' office on the grounds of the association [2-1/2] 2.5 hours before post time to exercise the authority and perform the duties imposed on them by these rules.

HH. The stewards shall make reports in writing to the Racing Commission of all infractions of these rules and of all rulings of the stewards upon matters coming before them during each day. [Copies of these reports and ruling shall be mailed to each member of the Commission.]

II. Stewards are empowered to grant temporary licenses [to owners and trainers,] for all license categories subject to the licensing requirements [under the regulations] of this chapter dealing with [owners and trainers] licensees. All licenses so granted are to be [certified] referred to the Commission for final action.

JJ. [Recordings] Official recordings taken of any race from start to finish may be used to aid the stewards in determining any question within their jurisdiction.

KK. (text unchanged)

LL. Stewards and judges shall only conduct hearings on matters relating to racing competition, racing safety, wagering integrity, welfare and safety of racehorses, or compliance with licensing and racing rules.

CHRISTOPHER MERZ
Executive Director

09.10.02 Harness Racing

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-157-P]

The Maryland Racing Commission proposes to amend Regulation .24 under COMAR 09.10.02 Harness Racing.

Statement of Purpose

The purpose of this action is to modernize harness racing official configurations by mandating on-duty veterinarians, delete obsolete patrol positions, expand the penalty jurisdiction of Judges, and create an explicit procedural standard for Judges' hearings.

Racetrack judges require expanded statutory toolkits to deter modern regulatory infractions. Expanding maximum suspensions to 2 years and maximum fines to $10,000 provides the necessary regulatory force to address major equine welfare or integrity issues on-site.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd. Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.24 Officials.

A. For each day of live racing during a race meeting, the officials on duty shall be:

(1) (text unchanged)

(2) At least one Commission [veterinarians] veterinarian;

(3) [Two patrol judges;] Reserved

(4)—(11) (text unchanged)

B.—D. (text unchanged)

E. [The judges under §A(1) of this regulation may not.] Reserved.

F—G. (text unchanged)

H. In any emergency [due to] resulting from the incapacity or absence of any judge, the other judges at the meeting may appoint a substitute judge to serve in his place, pending a new designation by the Commission.

I. Duties.

(1) (text unchanged)

(2) The judges shall have the power to punish, for a violation of these regulations, a person subject to their control either by:

(a) (text unchanged)

(b) Suspension from acting or driving for a period not exceeding [90 days] 2 years;

(c) Fine not exceeding [$2,500] $10,000; or

(d) (text unchanged).

(3) If [they] the judges consider necessary any further punishment or additional fine, they shall so report to the Maryland Racing Commission.

(4) In determining the penalty to be imposed, the judges shall consider the:

(a)—(c) (text unchanged)

(d) Licensing and disciplinary history of the licensee.

(5) (text unchanged)

J. (text unchanged)

K. The associate judges, if and when directed by the presiding judge, shall be at the office building on the grounds of the association where the race meeting is being held not later than the specified scratch time, or at such other times as [he] the presiding judge may direct, to conduct hearings and to perform any other duties that may be imposed upon them by the [Rules] rules of [Racing] racing.

L. (text unchanged)

M. Announcers shall be in the announcer's stand not later than 15 minutes before the first live race of the day [in order] to announce any changes to the printed information on the program as these changes are received and to make other announcements as directed by the presiding judge.

N. Judges’ Hearings.

(1) A Judges’ hearing shall be conducted after a racing participant is notified of an alleged violation, unless a hearing is waived by the party charged with the violation. A waiver of a Judges’ hearing shall be in writing and signed by the party charged with the violation.

(2) A party charged with a violation, other than a routine riding offense occurring in a race, shall be given written notice of the Judges’ hearing.

(3) Judges’ hearings will be recorded.

(4) A Judges’ hearing shall be conducted no more than 30 days after either:

(a) The party charged with the violation is notified of an alleged violation; or

(b) If the party charged requests split sample laboratory results, the date on which the Judges receive those results.

(5) All three Judges shall consider the evidence and testimony prior to issuing a ruling. A ruling shall require the agreement of a majority of the Judges presiding over the matter.

(6) Judges shall not be bound by technical rules of evidence.

(7) Any testimony given at a Judges’ hearing shall give be given under oath.

(8) If, after the hearing, the Judges determine that a statute or a regulation has been violated, the Judges shall promptly issue a written ruling setting forth:

(a) The full name of every party charged with the violation;

(b) The statute or regulation section violated;

(c) Findings; and

(d) Penalties.

(9) With respect to §N(8)(d) of this regulation, the Judges may impose the following penalties:

(a) Suspension of the privilege of attending races during the meeting;

(b) License suspension for a period not exceeding 2 years; and

(c) Fine not exceeding $10,000.00.

(10) If the Judges determine that a suspension or fine in excess of the penalties provided for in §N(8)(d) are warranted in a particular matter, the Judges shall refer the matter to the Commission.

(11) In determining the penalties to be imposed, the Judges shall consider the following factors:

(a) The seriousness of the violation;

(b) The harm caused by the violation;

(c) The good faith or lack thereof of the licensee; and

(d) The licensing and disciplinary history of the licensee, which shall include a review of the licensee’s United States Trotting Association All Rulings Report.

(12) The decision of a majority of the Judges, on any question, shall prevail.

(13) Copies of the Judges’ ruling shall be delivered to:

(a) Each party of interest;

(b) The Commission; and

(c) The United States Trotting Association.

O. Judges shall conduct hearings only on conduct related to racing competition, racing safety, wagering integrity, welfare and safety of horses, or compliance with licensing, and racing rules.

CHRISTOPHER MERZ
Executive Director

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-164-P]

The Maryland Racing Commission proposes to amend Regulation .02 under COMAR 09.10.03 Prohibited Acts.

Statement of Purpose

The purpose of this action is to increase fines because existing fine limits were looked at as simple cost-of-business expenses by major violators. To increase maximum fines and license suspension caps for prohibited racing acts, and to strengthen penalties within the Multiple Medication Violations (MMV) points tier. Increasing maximum Commission fines to $25,000 and explicitly authorizing lifetime revocations provides a strong deterrent against medication and prohibited substances. It has been over 10 years since the Commission looked at raising fines. Raising fines to $25,000 now aligns the Commission with standard practices of what surrounding racing jurisdictions (Delaware, Virginia, and Pennsylvania) and national racing organizations (HISA, HIWU, ARCI) can fine licensees in violation of rules of racing.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd. Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.02 Sanctions.

In addition to a specific sanction applicable to a particular violation, an individual found by the:

A. Stewards or judges to have violated a provision of this chapter may be subject to:

(1) A fine of up to [$2,500]; $10,000;

(2) The suspension of any license issued by the Commission for a period of up to [360 days] 2 years; and

(3) (text unchanged)

B. Commission to have violated a provision of this chapter may be subject to:

(1) A fine of up to [$5,000] $25,000;

(2) The suspension or revocation of any license issued by the Commission, including lifetime revocation; and

(3) (text unchanged)

C. Multiple Medication Violations.

(1)—(6) (text unchanged)

(7) In addition to the penalty for the underlying offense, the following penalty shall be imposed upon a licensed trainer based upon the cumulative points contained in their official record:

Points	Suspension in Days
5—5.5	(text unchanged)
6—8.5	30 to [60] 90
9—10.5	(text unchanged)
11 or more	180 to [360] 730

(8)—(9) (text unchanged)

(10) The stewards’ or judges’ ruling shall distinguish between the penalty for the underlying offense and any penalty based upon a steward’s or judge’s review of a [the] trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case.

(11) (text unchanged)

CHRISTOPHER MERZ
Executive Director

09.10.04 General

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-158-P]

The Maryland Racing Commission proposes to amend Regulation .04 under COMAR 09.10.04 General.

Statement of Purpose

The purpose of this action is to reform the administrative appeal framework for decisions rendered by racetrack Stewards or Judges, explicitly defining and penalizing frivolous filings, and setting clear inter-jurisdictional reporting mandates. Licensees frequently abuse the appellate system to secure automatic stays of penalties, allowing them to continue racing despite safety or integrity violations. Defining a frivolous appeal creates a firm operational deterrent against bad-faith delays.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd. Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.04 Appeals of Stewards' or Judges' Decisions.

[A. An appeal from a decision of the stewards or judges may be made to the Commission by submitting a written statement setting forth the relevant facts of the appeal to an authorized representative of the Commission or to one of the Commission offices.]

A. From a decision of the Stewards or Judges, an appeal may be made to the Commission. An appeal shall be in writing, stating the reason or reasons for the appeal, and shall include facts relevant thereto. An appeal shall be dated and signed by the appellant. Non-decisions of the Stewards or Judges shall not be appealable to the Commission.

B—C. (text unchanged)

[D. An appellant who appeals to the Commission from a decision of the stewards or judges for the sole purpose of obtaining a stay of the penalty imposed, or for any other reason that is considered to be frivolous, may be:

(1) Fined and suspended; and

(2) Assessed the costs of the appeal.]

D. Frivolous Appeals. The Commission may determine that an appeal of Stewards’ or Judges’ order or ruling, or any other administrative appeal to the Commission by a licensee or other person participating in Maryland horse racing, is frivolous.

(1) An appeal shall be deemed frivolous if:

(a) The appellant seeking review by the Commission fails to appear at the hearing;

(b) The appellant appears at the Commission hearing but fails to offer evidence to support the appeal; or

(c) The appeal is lacking in merit or was taken in bad faith.

(2) Upon a determination by the Commission that an appeal is frivolous, the appellant shall be:

(a) Fined;

(b) Suspended; and

(c) Assessed the costs of the proceeding.

E. Copies of Final Orders of the Commission. Copies of final order of the Commission or rulings related to licensing of individuals shall be forwarded as follows:

(1) In thoroughbred racing, to the Association of Racing Commissioners International; and

(2) In standardbred racing, to the United States Trotting Association.

CHRISTOPHER MERZ
Executive Director

09.10.04 General

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-159-P]

The Maryland Racing Commission proposes to amend Regulation .06 under COMAR 09.10.04 General.

Statement of Purpose

The purpose of this action is to streamline administrative proceedings before the Maryland Racing Commission by updating procedural terminology, establishing explicit prohibitions on discovery, and barring dispositive motions in adjudicatory hearings. This action prevents the introduction of protracted civil-style litigation procedures (e.g., depositions, interrogatories, motions for summary judgment) into administrative enforcement hearings. It ensures rapid, cost-effective, and definitive resolutions necessary to maintain sports integrity and protect racing participants.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd., Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.06 Adjudicatory Hearings.

A. Not less than 7 days before conducting an adjudicatory hearing, the Commission, through its Executive Director, shall send a written notice to the individual who is the subject of the hearing [which] that shall contain:

(1) The date, time, [place] location, and nature of the hearing;

(2)—(7) (text unchanged)

B.—C. (text unchanged)

D. The Commission shall provide for the making of an official record of the hearing, which shall include testimony and exhibits[, but, unless]. Unless required for purposes of rehearing as provided in §G(2) of this regulation, or court review, a transcription of the testimony may not be required.

E. At the hearing, an applicant or a licensee who may be affected by a decision of the Commission shall be given the opportunity to:

(1)—(4) (text unchanged)

(5) Produce [testimony and] evidence relevant to the issues involved.

F. A licensee may be subject to the suspension or revocation of a license held if:

(1) (text unchanged)

(2) Except in the [proper] exercise of a recognized legal privilege, the licensee fails to testify after proper notice.

G. (text unchanged)

H. There shall be no discovery in adjudicatory hearings. This includes, but is not limited to, depositions, interrogatories, and requests for production of documents.

I. There shall be no dispositive motions in adjudicatory hearings. This includes, but is not limited to, motions to dismiss and motions for summary judgement.

CHRISTOPHER MERZ
Executive Director

09.10.04 General

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[26-163-P]

The Maryland Racing Commission proposes to amend Regulation .07 under COMAR 09.10.04 General.

Statement of Purpose

The purpose of this action is to mandate complete administrative reciprocity by enforcing all license suspensions, denials, and revocations issued by other jurisdictions and national racing entities, while shifting the burden of proof to applicants seeking exemptions. This amendment stops individuals suspended in other states or by federal entities from entering Maryland to exploit regulatory gaps. It creates a robust multi-jurisdictional defense for the State's racing ecosystem.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd.,
Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.07 Reciprocity.

A. [An individual whose license is suspended or revoked in another state or country is suspended or revoked in this State.] The license of a person who is licensed in another jurisdiction and whose foreign license is revoked or suspended by that jurisdiction shall be revoked or suspended for an equivalent period.

B. An individual who is suspended, revoked, or not in good standing with either the Horseracing Integrity and Safety Authority, Horseracing Integrity Welfare Unit, or the United States Trotting Association shall not be eligible for license in this State.

[B.] C. [Denial of a license by the racing commission of another state may be considered as grounds for the denial of a license by the Commission] If a person’s application for a license in another jurisdiction has been denied, the Commission shall not issue a license to or renew the license of that person without express written approval of the Executive Director.

CHRISTOPHER MERZ
Executive Director

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.11 Access to School Property

Authority: Criminal Procedure Article, §2-104.2; Education Article, §§2-205, 7-1508.1, and 26-102; State Government Article, §6-111, Annotated Code of Maryland

Notice of Proposed Action

[26-142-P]

The State Board of Education proposes to adopt new Regulations .01—.04 under new chapter, COMAR 13A.02.11 Access to School Property. This action was considered by the State Board of Education at its meeting on July 28, 2026.

Statement of Purpose

The purpose of this action is to outline clear protocols for controlling general access to school property and formalize procedures for public schools as protected "sensitive locations" under Maryland law.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Dr. Stefan Redding Lallinger, Chief Policy Officer, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 443-915-5306, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 8, 2026 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Purpose.

These regulations establish appropriate procedures for controlling access to public schools, which must be safe and secure and are sensitive locations for immigration enforcement under Criminal Procedure, §2-104.2, Annotated Code of Maryland.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Immigration enforcement” has the meaning stated in State Government Article, §6-111, Annotated Code of Maryland.

(2) “Public school personnel” has the meaning stated in Education Article, §7-1508.1, Annotated Code of Maryland.

(3) “School property” means buildings, land that surrounds the buildings, and vehicles, that are owned or leased by a local school system.

.03 Authority to Control Access to School Property.

A. A local board of education, local superintendent of schools, school principal, school resource officer, or their designee may deny access to school property to a person who:

(1) Is not a currently registered student or public school employee at the school, and who does not have lawful business to pursue at the school;

(2) Is a currently registered student at the school who has been suspended or expelled, for the duration of the suspension or expulsion; or

(3) Acts in a manner that disrupts or disturbs the normal educational functions of the school.

B. To maintain safety and security and prevent disruptions or disturbances, the principal or their designee may, consistent with local policy, designate:

(1) Entry checkpoints;

(2) Security screening protocols;

(3) Hours of restricted access to school property; and

(4) A secure-campus protocol.

C. Administrative personnel, authorized public school personnel, and the individuals identified in §A of this regulation shall demand and document identification and evidence of qualification from any person operating in an official capacity who desires to use or enter school property.

D. Public school personnel may not be used for purposes of or otherwise engage in immigration enforcement on school property consistent with Regulation .04 of this chapter.

.04 Denial of Access to Sensitive Locations.

A. Public school personnel shall deny access to any portion of school property that requires a security screening or is not accessible to the general public to any individual seeking access for the purpose of federal immigration enforcement, unless:

(1) The individual presents a valid warrant issued by a federal court; or

(2) Exigent circumstances exist.

B. Public school personnel shall immediately contact the local superintendent or their designee and legal counsel for the local school system if presented with:

(1) A judicial warrant;

(2) A judicial subpoena; or

(3) A legal order to produce information or a document regarding a student, public school employee, or a student’s or a public school employee’s family or household for purposes of immigration enforcement.

C. If immigration officers proceed into a private space without exigent circumstances or a judicial warrant or deny a request to consult with the local school system’s designated official, public school personnel shall:

(1) State that they do not consent to the officers’ entry but should not block or impede their access; and

(2) Immediately notify the local superintendent or their designee and legal counsel for the local school system.

D. Each local school system shall adopt and publicly post an implementing policy that is consistent with applicable law, this regulation, and the guidance issued by the Attorney General pursuant to State Government Article, §6-111, Annotated Code of Maryland.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Subtitle 07 SCHOOL PERSONNEL

13A.07.06 Professionally Licensed Personnel

Authority: Education Article, §§1-303(2)(ii) and (iii), 2-205, 6-117, 6-120, 6-121, 6-125, 6-126, 6-704, 11-208, 25-401,
and 25-402, Annotated Code of Maryland

Notice of Proposed Action

[26-149-P]

The State Board of Education proposes to amend Regulation .08 under COMAR 13A.07.06 Programs for Professionally Licensed Personnel. This action was considered by the State Board of Education at its July 28, 2026 meeting.

Statement of Purpose

The purpose of this action is to expand the options for Maryland program candidates to demonstrate pedagogical knowledge for initial licensure.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 8, 2026 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.08 State Program Approval Requirements.

A.—B. (text unchanged)

C. Standards and Competencies.

(1)—(3) (text unchanged)

(4) Programs for Specialists.

(a) The Department shall approve specialists programs according to the national standards listed in Regulation .03A of this chapter[.];

(b) A program leading to licensure as a school psychologist shall require a candidate to:

(i) Complete a minimum of 1,200 hours of supervised practicum of which at least 600 hours is completed in a school; and

(ii) Pass an exam approved by the State Board of Education.

(5) (text unchanged)

D. (text unchanged)

E. Exit Requirements.

(1) A provider shall establish exit requirements for programs that:

(a)—(b) (text unchanged)

(c) Enable teacher candidates to[, beginning July 1, 2025,] complete:

(i) A nationally recognized and nationally scored portfolio-based assessment of teaching ability approved by the State Board of Education; [or]

(ii) A portfolio-based assessment of a teacher preparation program that has national accreditation or has been approved by the Department;

[(ii)] (iii) A rigorous local school system teacher induction program that meets the requirements listed in §E(3) of this regulation [.]; or

(iv) The MSDE-Sponsored Registered Teacher Apprenticeship Program.

(2) (text unchanged)

(3) A local school system induction program under [§E(1)(c)(ii)] §E(1)(c)(iii) of this regulation shall:

(a)—(d) (text unchanged)

F. (text unchanged)

CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools

13A.07.15 Criminal History Records Checks

Authority: Education Article §6-113; Family Law Article, §§2-2-5(b)(2) and (c)(1), and 5-550—5-553; Annotated Code of Maryland

Notice of Proposed Action

[26-148-P]

The State Board of Education proposes to adopt new Regulations .01 and .02 under new chapter, COMAR 13A.07.15 Criminal History Records Checks. This action was considered by the State Board of Education at its July 28, 2026 meeting.

Statement of Purpose

The purpose of this action is to ensure that the county boards of education have developed the policies and procedures required to implement Family Law Article, §§2-2-5(b)(2) and (c)(1) and 5-550—5-553, and Education Article, §6-113, Annotated Code of Maryland.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 8, 2026 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.

(2) “Criminal History Records Check” means a records check of the criminal history record information maintained by the Central Repository or the Federal Bureau of Investigation.

(3) “Employee” means an individual who, for compensation, is employed to work in a public school as defined in Education Article, Title 1, Annotated Code of Maryland, and who meets at least one of the following criteria:

(a) Cares for or supervises children in the public school;

(b) Has access to children who are cared for or supervised in the public school;

(c) Will care for or supervise children in the public school or will have access to children who are cared for or supervised in the public school;

(d) For compensation will be employed on a substitute or temporary basis to work in a public school; or

(e) A contractor or subcontractor who will have direct, unsupervised, and uncontrolled access to children in the public school.

(4) “Employer” means a local school system that operates or manages a public school.

.02 Criminal History Records Checks and Disqualifying Convictions.

A. Criminal History Records Checks.

(1) On or before the first day of actual employment of an employee, a local school system shall apply to the Department of Public Safety and Correctional Services for a national and State criminal history records check for the employee.

(2) A public school may require a volunteer who works with children to obtain a criminal history records check.

(3) The employee, employer, and volunteer shall complete and sign a sworn statement or affirmation disclosing the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charges without a final disposition.

B. Disqualifying Convictions.

(1) A county board may not knowingly hire or retain any individual who has been convicted of a crime involving:

(a) An offense under Criminal Law Article, §3–307 or 3–308, Annotated Code of Maryland or an offense under the laws of another state that would constitute a violation of Criminal Law Article, §3–307 or 3–308, Annotated Code of Maryland if committed in the State;

(b) Child sexual abuse under Criminal Law Article, §3–602, Annotated Code of Maryland, or an offense under the laws of another state that would constitute child sexual abuse under Criminal Law Article, §3–602, Annotated Code of Maryland if committed in this State; or

(c) A crime of violence as defined in Criminal Law Article, §14–101, Annotated Code of Maryland, or an offense under the laws of another state that would be a violation of Criminal Law Article, §14–101, Annotated Code of Maryland if committed in this State.

(2) A local school system contract shall provide that a contractor or subcontractor for the local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of a crime identified under §B(1) of this regulation.

C. Reporting Requirements.

(1) Each county board of education shall provide an annual attestation to the State Board of Education demonstrating that it has complied with the requirements of this chapter; and

(2) By July 1, 2027, each local education agency shall perform a limited review to ensure the policies and procedures established are compliant with this chapter and are being consistently implemented.

(a) The limited review shall include an audit of employees hired within a year of the review; and

(b) The results of the review shall be submitted to the State Board of Education.

CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools

Subtitle 12 EDUCATOR LICENSURE

13A.12.02 Teachers

Authority: Education Article, §§2-205, 2-303(g), 6-126, 6-701—6-708, and 8-3A-03; Family Law Article, §10-119.3;
Annotated Code of Maryland

Notice of Proposed Action

[26-151-P]

The State Board of Education proposes to amend Regulation .03 under COMAR 13A.12.02 Teachers. This action was considered by the State Board of Education at its July 28, 2026 meeting.

Statement of Purpose

The purpose of this action is to expand options for licensure applicants to demonstrate pedagogical knowledge.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 8, 2026 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

.03 Pathways to Teacher Licensure.

A. Pathways to Initial Teacher Licenses. Applicants shall meet the requirements of one pathway to earn initial teacher licensure.

(1) Maryland Approved Program. Teacher candidates who complete a Maryland approved educator preparation program as set forth in COMAR 13A.07.06 shall meet the following requirements:

(a)—(e) (text unchanged)

(f) Meet one of the following qualifications:

(i) Passing score as established by the State Superintendent of Schools on a nationally recognized, portfolio-based performance assessment approved by the State Board of Education; [or]

(ii) A portfolio-based assessment of a teacher preparation program that has national accreditation or has been approved by the Department;

[(ii)] (iii) Completion of a comprehensive local school system teacher induction program that meets the requirements listed under §B(2) of this regulation [.] ; or

(iv) Completion of the MSDE-Sponsored Registered Teacher Apprenticeship Program.

(2)—(3) (text unchanged)

(4) Out-of-State Teacher Preparation Program. Teacher candidates who complete a teacher preparation program in another state or foreign country shall meet the following requirements:

(a)—(b) (text unchanged)

(c) Meet one of the following qualifications:

(i) (text unchanged)

(ii) Two years of effective, or comparable, teacher evaluations from a school or school system;

[(ii)] (iii)—[(iv)] (v) (text unchanged)

(d) (text unchanged)

(5) Out-of-State License. Teacher candidates who hold a valid professional license/certificate from another state or foreign country shall meet the following requirements:

(a)—(b) (text unchanged)

(c) Meet one of the following qualifications:

(i) (text unchanged)

(ii) Two years of effective, or comparable, evaluations from a school or school system;

[(ii)] (iii)—[(iv)] (v) (text unchanged)

(d) (text unchanged)

(6)—(8) (text unchanged)

B. (text unchanged)

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

13A.12.04 Specialists

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland

Notice of Proposed Action

[26-154-P]

The State Board of Education proposes to amend Regulation .09 under COMAR 13A.12.04 Specialists. This action was considered by the State Board of Education at its July 28, 2026 meeting.

Statement of Purpose

The purpose of this action is to enter Maryland into the Interstate School Psychology Licensing Compact to make it easier for qualified school psychologists to provide services across participating states while maintaining consistent professional standards.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 8, 2026 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.09 School Psychologist.

A. (text unchanged)

B. Education. An applicant for licensure as a school psychologist shall:

(1) (text unchanged)

(2) Complete one of the following pathways to licensure:

(a) (text unchanged)

(b) Option II:

(i) Submit a master’s degree or higher and complete an out-of-State-approved program in school psychology, culminating a minimum of a 1,200-hour internship in school psychology, with a minimum of 600 hours served in a school setting; and

(ii) (text unchanged)

(c) (text unchanged)

[(d) Option IV:

(i) Submit a master’s degree or higher from an institution of higher education; and

(ii) Submit a valid professional license in school psychology from another state and verification of at least 27 months of effective performance as a school psychologist during the past 7 years, on the basis of which application is being made for a comparable Maryland license.]

C. School Psychology Interstate Licensure Compact.

(1) An applicant for licensure as a school psychologist who holds a home state license from a member state of the School Psychology Interstate Licensure Compact is eligible for an equivalent Maryland license in accordance with Education Article, §§25-401—25-402, Annotated Code of Maryland.

(2) To renew an equivalent Maryland license, a licensee shall complete all of the following:

(a) Renew the license issued by the licensee’s home state that is a member of the School Psychology Interstate Licensure Compact; and

(b) Complete an application for the renewal of the Maryland equivalent license.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Title 14
INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.01 Jane E. Lawton Conservation Program

Authority: State Government Article, §§9-20A-04 and 9-20A-09, Annotated Code of Maryland

Notice of Proposed Action

[26-161-P]

The Maryland Energy Administration proposes to repeal existing Regulations .01—.18 under COMAR 14.26.01 Jane E. Lawton Conservation Program.

Statement of Purpose

The purpose of this action is to update and align Maryland Energy Administration regulations with recent statutory changes. The General Assembly transferred §§9–20A–01 — 9–20A–10 and the subtitle “Subtitle 20A. The Jane E. Lawton Conservation Loan Program” of State Government Article of the Annotated Code of Maryland during the recent legislative session to be §§10–862—10–871, respectively, and the part “Part VII. The Jane E. Lawton Conservation Loan Program” of Economic Development Article, Annotated Code of Maryland. The Administration is aligning its regulations with this change.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Landon Fahrig, Assistant Division Director of Energy Policy, Maryland Energy Administration, 1800 Washington Blvd., Suite 425, Baltimore, MD 21230, or call 410-537-4000, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

LANDON FAHRIG
Assistant Division Director of Energy Policy

Title 17
DEPARTMENT OF BUDGET AND MANAGEMENT

Subtitle 04 PERSONNEL SERVICES AND BENEFITS

17.04.03 Recruitment, Examinations, Selections, and Employment

Authority: State Personnel and Pensions Article §7-104 and Titles 4, 6, 11, and 13, Annotated Code of Maryland.

Notice of Proposed Action

[26-171-P]

The Secretary of Budget and Management proposes to adopt new Regulation .22 under COMAR 17.04.03 Recruitment, Examinations, Selections, and Employment.

Statement of Purpose

The purpose of this action is to establish and incorporate minimum qualifications for Chief Financial Officer positions into regulations in accordance with Senate Bill 859 of the 2026 Legislative Session.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Misty Whitaker, Personnel Director, Department of Budget and Management, 301 W. Preston Street, Room 705, Baltimore, MD 21201, or call 410 767-4718, or email to [email protected]. Comments will be accepted through November 2, 2026. A public hearing has not been scheduled.

.22 Minimum Qualifications for Chief Financial Officer Positions.

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Chief financial officer” has the meaning stated in the State Personnel and Pensions Article, §2-206, Annotated Code of Maryland.

(2) “Executive-level stakeholder engagement” means regular and established dialogue or communication with senior leaders or executives who possess authority over strategic direction, capital allocations, statutory mandates, and organizational design.

(3) “Executive or highly responsible financial administrative capacity” means a role that involves planning, organizing, directing, and controlling one or more financial activities at a senior management or executive level.

(4) “Finance administration” means the execution of financial activities, including budgeting, accounting, financial reporting, procurement, grant management, fiscal policy establishment, auditing, financial compliance, enterprise financial system management, or other related financial activity.

(5) “Organizational risk management” means the strategic identification, assessment, prioritization, mitigation, remediation, and monitoring of potential risks that could interfere with an organization’s goals, operations, or financial health.

(6) “Progressively responsible experience” means experience that demonstrates growth or advancement in complexity, difficulty, or level of responsibility.

(7) “Strategic planning” means the process used to define on organization’s short and long-term direction, set organizational priorities, establish measurable goals, and allocate resources efficiently.

(8) “Technical competence” means the demonstrated capacity to effectively apply specialized knowledge, skills, and abilities.

C. Qualifications. A chief financial officer shall have:

(1) A minimum of 10 years of progressively responsible experience in finance administration, including at least 4 years in an executive or highly responsible financial administrative capacity involving:

(a) Strategic planning;

(b) Executive-level stakeholder engagement;

(c) Organizational risk management; and

(d) Exerting technical competence in one or more financial activities; and

(2) Graduated from an accredited college or university with:

(a) A bachelor’s degree in finance, accounting, business administration, public administration or related field; or

(b) A bachelor’s degree in any field and a master’s degree in finance, accounting, business administration, public administration or a related field.

YAAKOV JAKE WEISSMANN
Secretary

Errata

COMAR 10.09.63

At 53:19 Md. R. 949 (September 18, 2026), column 1, line 18 from the bottom:

For: will be accepted through September 21, 2026. A public hearing has not

Read: will be accepted through October 19, 2026. A public hearing has not

[26-20-18]

COMAR 10.67.01.01

At 53:13 Md. R. 603 (June 26, 2026), column 1, line 4 from the bottom:

For: [(61)] (62)—[(93)] (94) (text unchanged)

Read: [(61)] (62)—[(93)] (95) (text unchanged)

At 53:13 Md. R. 603 (June 26, 2026), column 1, line 3 from the bottom:

For: (95) “Inmate of a public institution” has the meaning stated

Read: (96) “Inmate of a public institution” has the meaning stated

At 53:13 Md. R. 603 (June 26, 2026), column 1, line 1 from the bottom:

For: [(94)] (96)—[(184)] (186) (text unchanged)

Read: [(94)] (97)—[(184)] (199) (text unchanged)

[26-20-19]

COMAR 11.15.27

At 53:19 Md. R. 944 (September 18, 2026), beginning at column 2, line 6 from the bottom:

For: and .08 to be Regulations .07 and .08, respectively, under COMAR

Read: and .08 to be Regulations .04 and .07, respectively, under COMAR

[26-20-16]

COMAR 14.17.23.04

At 53:17 Md. R. 709 (August 21, 2026), column 2, lines 10 and 11 from the top:

For: A. Political Subdivisions may establish a commission to support or assume the decision-making authority of the Political Subdivision to

Read: A. Political Subdivisions may establish a commission to support the decision-making authority of the Political Subdivision to

[26-20-17]

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: August 1—31, 2026.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22 ( f ) for the time period specified above.

Approvals by Rule - Issued Under 18 CFR 806.22(f):
1. RENEWAL - Beech Resources, LLC; Pad ID: ISA Well Site; ABR-202103003.R1; Lycoming Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: August 7, 2026.

2. RENEWAL - Coterra Energy Inc.; Pad ID: GreenwoodR P2; ABR-201605002.R2; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 7, 2026.

3. RENEWAL - EQT ARO LLC; Pad ID: COP Tr 357 Pad A; ABR-201007075.R3; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 7, 2026.

4. RENEWAL - EQT ARO LLC; Pad ID: COP Tract 027B Pad A; ABR-201107030.R3; McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 7, 2026.

5. RENEWAL - EQT ARO LLC; Pad ID: Larrys Creek F&G Pad C; ABR-201105014.R3; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 7, 2026.

6. RENEWAL - Expand Operating LLC; Pad ID: SGL-12 M NORTH UNIT PAD B; ABR-202105002.R1; Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 7, 2026.

7. RENEWAL - Pin Oak Energy Partners LLC; Pad ID: Wolfinger Pad A - Beechwood; ABR-202101002.R1; Saint Mary’s City, Elk County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 7, 2026.

8. RENEWAL - Seneca Resources Company, LLC; Pad ID: Weiner 882; ABR-201103045.R3; Farmington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 7, 2026.

9. RENEWAL - Diversified Oil & Gas, LLC; Pad ID: Lundy Well Pad; ABR-201103010.R3; Gamble Township, Lycoming County, Pa.; Consumptive Use of Up to 3.6000 mgd; Approval Date: August 19, 2026.

10. RENEWAL - Expand Operating LLC; Pad ID: Colcam; ABR-201108019.R3; Meshoppen Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 19, 2026.

11. RENEWAL - Expand Operating LLC; Pad ID: Dewolf; ABR-201608002.R2; Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 19, 2026.

12. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 726 Pad C; ABR-202108001.R1; Plunketts Creek Township, Lycoming County, Pa.; Consumptive Use of Up to 4.5000 mgd; Approval Date: August 19, 2026.

13. RENEWAL - XTO Energy Inc.; Pad ID: Buck Unit A; ABR-201107041.R3; Franklin Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 19, 2026.

14. RENEWAL - EQT ARO LLC; Pad ID: COP Tract 728 Pad H; ABR-201105006.R3; Watson Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 24, 2026.

15. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: SENN (05 253) W; ABR-201106001.R3; Windham Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 24, 2026.

16. RENEWAL - Seneca Resources Company, LLC; Pad ID: DCNR 100 PAD E; ABR-201105009.R3; McIntyre Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 24, 2026.

17. RENEWAL - Seneca Resources Company, LLC; Pad ID: Sanchis 1129; ABR-201105017.R3; Farmington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 24, 2026.

18. RENEWAL - Expand Operating LLC; Pad ID: Adams; ABR-201108038.R3; Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 28, 2026.

19. RENEWAL - Expand Operating LLC; Pad ID: Alexander; ABR-201108031.R3; Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 28, 2026.

20. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 729 Pad E; ABR-201107046.R3; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval Date: August 28, 2026.

21. RENEWAL - VEC Energy LLC; Pad ID: NorthFork 1H; ABR-20100158.R3; Brookfield Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 28, 2026.

22. RENEWAL - XTO Energy Inc.; Pad ID: PA Tract Unit E; ABR-201108041.R3; Chapman Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 28, 2026.

23. RENEWAL - XTO Energy Inc.; Pad ID: PA Tract Unit G; ABR-201109018.R3; Chapman Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 28, 2026.

24. RENEWAL - Coterra Energy Inc.; Pad ID: LopatofskyJ P1; ABR-201105015.R3; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 31, 2026.

25. RENEWAL - EQT ARO LLC; Pad ID: COP Tr 285 Pad C; ABR-201007062.R3; Grugan Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 31, 2026.

26. RENEWAL - Expand Operating LLC; Pad ID: A&M Pad; ABR-202107002.R1; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.

27. RENEWAL - Expand Operating LLC; Pad ID: Albertson; ABR-201108048.R3; Athens Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.
28. RENEWAL - Expand Operating LLC; Pad ID: Hemlock Hunting Club B Drilling Pad #1; ABR-201607001.R2; Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.

29. RENEWAL - Expand Operating LLC; Pad ID: Jacobson Unit Pad; ABR-201607002.R2; Franklin Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.

30. RENEWAL - Expand Operating LLC; Pad ID: Kuziak Drilling Pad #1; ABR-201107028.R3; Fox Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.

31. RENEWAL - Expand Operating LLC; Pad ID: Yonkin B Drilling Pad; ABR-201607003.R2; Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 31, 2026.

32. RENEWAL - VEC Energy LLC; Pad ID: Brookfield #1 Pad; ABR-201601003.R2; Brookfield Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 31, 2026.

33. RENEWAL - VEC Energy LLC; Pad ID: Sylvester 1H; ABR-20100155.R3; Brookfield Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 31, 2026.

34. Seneca Resources Company, LLC; Pad ID: Bower 758; ABR-202608002; Middlebury Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 31, 2026.

35. Seneca Resources Company, LLC; Pad ID: Schmoyer 756; ABR-202608001; Farmington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 31, 2026.

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

JASON E. OYLER,

General Counsel and Secretary to the Commission.

Dated: September 9, 2026

[26-20-10]

Minor Modification Approval

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists the minor modifications approved for previously approved projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: August 1-31, 2026

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists previously approved projects, receiving approval of minor modification or a corrective modification, described below, pursuant to 18 CFR § 806.18 or to Commission Resolution Nos. 2013-11 and 2015-06, for the time period specified above.

1. Huntsinger Farms, Inc. – Deep Creek 3, Docket No. 20250312, Hegins Township, Schuylkill County, Pa.; correction in Section 3 of withdrawal location; Correction Issue Date:  August 6, 2026.

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

JASON E. OYLER,

General Counsel and Secretary to the Commission.

Dated: September 9, 2026

[26-20-09]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 26-WQC-0008

Leonard Bush

1552 Ridgely St

Baltimore, MD 21230

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 26-WQC-0008.

Location: 9729 Fairview Point Ln, Easton, MD 21601

The purpose of this proposed work is to provide shoreline erosion control.

Description of Authorized Work:

1. Construct 17 vegetated sand and stone headland structures; and fill and grade with approximately 12,532 cubic yards of sand along 6,823 feet of eroding shoreline and plant with approximately 34,621 square feet of marsh vegetation extending a maximum of 111 feet channelward of the mean high water line.

2. Construct a 42-foot long by 6-foot wide timber pier within a maximum of 42 feet channelward of the mean high water line.

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: Michaela Armstrong at [email protected] or 410-537-4182

[26-20-13]

Water Quality Certification 26-WQC-0021

Maryland Department of Natural Resources

580 Taylor Ave, D-3

Annapolis, MD 21404

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 26-WQC-0021.

Location: 3461 Worcester Hwy, Snow Hill, Worcester County, MD 21863

The purpose of the project is to improve navigable access.

Description of Authorized Work:

1. Remove existing marina infrastructure;

2. Construct the following: (Pier A)- four gangways measuring 31-foot long by 4-foot wide, 26-foot long by 4-foot wide, 30-foot-long by 6-foot wide, and 30-foot long by 8-foot wide leading to a 612-foot long by 6-foot wide floating parallel pier with a 40-foot long by 6-foot wide floating perpendicular pier with two 32-foot long by 6-foot wide finger piers, and four mooring piles, (Pier B & C)- two 64-foot long by 6-foot wide floating perpendicular piers with two 32-foot long by 6-foot wide finger piers, two 32-foot long by 4-foot wide finger piers, and four mooring piles, (Pier D)- a 64-foot long by 6-foot wide floating perpendicular pier with a 32-foot long by 6-foot wide finger pier, a 32-foot long by 4-foot wide finger pier, a 25-foot long by 6-foot wide finger pier, a 25-foot long by 4-foot wide finger pier, and four mooring piles, (Pier E)- a 80-foot long by 6-foot wide floating perpendicular pier with a 25-foot long by 6-foot wide finger pier, two 25-foot long by 4-foot wide finger piers, and five mooring piles, and (Pier F)- a 110-foot long by 10-foot wide floating angled fuel pier; all extending a maximum of 100 feet channelward of the mean high water line;

3. Construct a 25-foot long by 6-foot wide fixed pier with a 34.5-foot long by 6-foot wide gangway and associated 16-foot long by 8-foot wide landing and one 29-foot long by 8-foot wide gangway leading to a 187-foot long by 6-foot wide floating parallel pier with three 31.5-long by 6-foot wide finger piers, four 25-foot long by 6-foot wide finger piers, a 30-foot long by 30-foot wide floating platform with two 32-foot long by 5-foot wide kayak launches, and two boat lifts with associated piles all extending a maximum of 68 feet channelward of the mean high water line;

4. Install 230-foot long by 1-foot-wide temporary cofferdam;

5. Construct a 76-foot long by 77-foot-wide boat ramp with two 50-foot long by 8-foot-wide floating piers and associated concrete abutments, all extending a maximum of 50 feet channelward of the mean high water line;

6. Construct a 214-foot-long stone toe revetment extending a maximum of 10 feet channelward of a deteriorated bulkhead.

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: Miles Simmons at [email protected] or 410-627-4826.

[26-20-14]

General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Meeting

Date and Time: October 28, 2026, 9 a.m.—4 p.m.

Place: 1800 Washington Blvd, Baltimore, MD

Add'l. Info: Board of Well Drillers Monthly Meeting Wednesday, October 28, 2026 ·9 a.m.—4 p.m.
Time zone: America/New_York
Google Meet joining info
Video call link: https://meet.google.com/ydd-kxgn-urz
Or dial: (US) +1 475-441-8718 PIN: 934 757 562#
More phone numbers: https://tel.meet/ydd-kxgn-urz?pin=6065384948216

Contact: Amanda Redmiles 410-537-4466

[26-20-02]

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: October 22, 2026, 10 a.m.—12 p.m.

Place: Montgomery Business Park
1800 Washington Blvd - Ste 330, Baltimore, MD

Add'l. Info: The meeting will be in person. A livestream link will be available on the website the day of the meeting - https://www.mdgaming.com/commission-meeting-10-22-2026/

Contact: Kathy Lingo 410-230-8790

[26-20-05]

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: November 5, 2026, 9 a.m.—1 p.m. N/A

Place: Virtual meeting — Please see details below.

Add'l. Info: Please be advised that the November 5, 2026, Pharmacy and Therapeutics (P&T) Committee public meeting will be conducted virtually via a Webinar.
As soon as available, the classes of drugs to be reviewed, speaker registration guidelines, and the procedure for registering to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at:
https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.
Submit questions to: [email protected]

Contact: Sierra Roberson: 410-767-1455

[26-20-04]

MARYLAND DEPARTMENT OF HEALTH

Subject: Receipt of Application

Add'l. Info: The Maryland Department of Health (MDH) is currently accepting applications and nominations for physicians and pharmacists to serve on the Maryland Medicaid Drug Use Review (DUR) Board beginning January 2027. The DUR Board includes up to twelve (12) licensed, actively practicing physicians and pharmacists in Maryland. Members are appointed by the Secretary of MDH and serve one term of three (3) years from the date of their appointment with the option to serve an additional three (3) year term.

All interested applicants are required to submit a formal application through the Maryland Department of Health’s (MDH) Office of Appointments and Executive Nominations application link at https://health.maryland.gov/oaen/Pages/Index.aspx

Applications must be submitted no later than Friday, October 30, 2026.
Thank you for your consideration of this request.

Any additional questions regarding applications may be addressed to [email protected]
Contact: Lynn Frendak [email protected]

[26-20-08]

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: October 15, 2026, 1—4 p.m.

Place: 4160 Patterson Avenue, Room 100, Baltimore, MD

Add'l. Info: Meeting will be hybrid. To attend via Zoom, please register on the Commission webpage: www.mhcc.maryland.gov

Contact: Valerie Wooding 410-764-3570

[26-20-01]

MARYLAND HEALTH CARE COMMISSION

Subject: Exemption from Certificate of Need

Add'l. Info: The Maryland Health Care Commission (MHCC) hereby gives notice of the formal start of review of the following Exemption Request from Certificate of Need:

Westminster Rescue Mission – (Carroll Co.) – Docket No. 26-06-EX019
Westminster Rescue Misson intends to establish a Track One Alcoholism and Drug Abuse Intermediate Care Facility (ICF) at ASAM Level 3.7 Medically Monitored Intensive Inpatient and ASAM Level 3.7 Withdrawal Management Services. The facility will include twelve adult ICF beds located at 658 Lucabaugh Mill Rd, Westminster, MD 21157.

A copy of the complete Exemption Request is available, for review on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to:
Wynee Hawk, Director
Center for Health Care Facilities Planning & Development
Maryland Health Care Commission
4160 Patterson Avenue
Baltimore, MD 21215-2299

Contact: Deanna Dunn 443-844-7467

[26-20-06]

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On September 10, 2026, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:

Medstar Southern Maryland Hospital Center, Inc.-26-16-2499
Proposal: MedStar Southern Maryland Hospital Center, Inc. (MSMHC) proposes to construct an advanced critical care tower on its hospital campus. MHCC shall review the applications under Maryland Health-General Code Annotated, Section 19-101 et. seq. and COMAR 10.24.01.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov. All correspondence should be addressed to:

Wynee Hawk, Director, Center for Health Facilities Planning
MHCC
4160 Patterson Avenue
Baltimore, Maryland 21215
Contact: Deanna Dunn 443-844-7467

[26-20-07]

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On September 17, 2026, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:
Rite of Passage, Inc d/b/a Maple Creek– Matter No. 26-06-2497
Rite of Passage Inc. proposes to add forty-eight (48) residential treatment beds within a facility configured to provide therapeutic, educational, and rehabilitative services for youth ages 12–17. The program will provide structured residential treatment for youth who require 24-hour supervision and psychiatric care but do not require acute inpatient hospitalization. The proposed project will be located at 999 Crouse Mill Road, Keymar, Maryland, and is an existing structure suitable for residential occupancy and therapeutic programming and is served by all required public utilities.
The MHCC shall review the applications under Maryland Health-General Code Annotated, Section 19-101 et. seq. and COMAR 10.24.01.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.
All correspondence should be addressed to:
Wynee Hawk, Director
Center for Health Facilities Planning
MHCC
4160 Patterson Avenue
Baltimore, Maryland 21215
Contact: Deanna Dunn 443-844-7467

[26-20-11]

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: October 16, 2026, 9:30 a.m.—12 p.m.

Place: via Google Meet

Add'l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255.

Contact: Lauren Murray 410-402-8556

[26-20-03]