House Bill 247, passed by the Maryland General Assembly and signed into law on April 14, 2026, changed certain standards and requirements for Critical Area variances. Every application for a variance to critical area provisions filed on or after October 1, 2026 is subject to the new standards and requirements.
Changes include:
- The Board of Appeals shall hear on the record an appeal of an Administrative Hearing Officer’s (AHO) decision on a critical area variance application and grant deference to the AHO’s findings of fact.
- This means the evidentiary record closes after the AHO hearing. No evidence of any kind (including testimony, documents, revised plans, reports, or exhibits) not presented to the AHO can be considered by the Board of Appeals.
- A rebuttable presumption exists that an existing accessory structure or use on the parcel or lot demonstrates reasonable and significant use. This does not apply to a variance for a new or additional accessory dwelling unit.
- The County may not accept a variance to:
- Authorize a use that is not allowed by the critical area land classification of the lot or parcel.
- Adjust the amount or type of mitigation required by critical area regulations or the County’s critical area program.
- Provide relief that could be obtained through an available administrative process that is approved as part of a the County’s critical area program.
A variance to the County’s critical area program may not be granted unless:
- The applicant demonstrates a substantial need for the variance that is not based on convenience, personal preference, or financial advantage; and
- The applicant demonstrates that development cannot be located outside of a habitat protection area. (i.e.: there is no other location on the property where the development can occur that is not a habitat protection area.)
Except for a variance for a new or additional accessory dwelling unit, in showing that without a variance the applicant would be deprived of a use of land or a structure permitted to others in accordance with the provisions of the critical area program, an applicant may make a comparison only to the following types of accessory structures:
- Accessory structures located in the critical area;
- Accessory structures developed after the adoption of the County’s critical area program;
- Accessory structures conforming and legally authorized at the time of development;
- Accessory structures that are similarly situated; and
- If located in a modified buffer area, accessory structures developed in accordance with requirements for modified buffer areas under the local jurisdiction's critical area program.