1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2)

      1. (i) “Living shoreline” means a project to mitigate the effects of erosion caused by shoreline flooding or inundation, currents, and wave energy through project design that:

         1. 1. Stabilizes a shoreline by using natural materials to create buffers to absorb the impact of coastal storms, flooding, and wave energy and to prevent or minimize shoreline erosion;
         2. 2. Incorporates as many natural elements as possible to ensure a substantial biological component, such as native or tidal wetlands, oyster reefs, submerged aquatic vegetation, or native plants;
         3. 3. Utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization; and
         4. 4. To the extent possible, maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters.

      2. (ii) “Living shoreline” includes the use of:

         1. 1. Natural elements such as sand, wetland plants, woody debris, oysters or other shellfish, submerged aquatic vegetation, native grasses, shrubs, trees, or other biodegradable materials as approved by the Department; and
         2. 2. Where appropriate, structural elements channelward of the mean high water line, such as stone, concrete, oyster domes, or other approved engineered structures.
      3. (iii) “Living shoreline” may include nonstructural stabilization measures.

   3. (3)

      1. (i) “Nonstructural shoreline stabilization measure” means an erosion control measure that is:

         1. 1. Dominated by tidal wetland vegetation; and
         2. 2. Designed to preserve the natural shoreline, minimize erosion, and establish aquatic habitat.
      2. (ii) “Nonstructural shoreline stabilization measure” includes marsh or other tidal wetland construction.

2. (b)

   1. (1) A person who is the owner of land bounding on navigable water is entitled to any natural accretion to the person's land, to reclaim fast land lost by erosion or avulsion during the person's ownership of the land to the extent of provable existing boundaries.
   2. (2) The person may make improvements into the water in front of the land to preserve that person's access to the navigable water or, subject to subsection (d) of this section, protect the shore of that person against erosion.
   3. (3) After an improvement has been constructed, the improvement is the property of the owner of the land to which the improvement is attached.
   4. (4) A right covered in this subtitle does not preclude the owner from developing any other use approved by the Board.
   5. (5) The right to reclaim lost fast land relates only to fast land lost after January 1, 1972, and the burden of proof that the loss occurred after this date is on the owner of the land.
3. (c) The rights of any person, as defined in this subtitle, which existed prior to July 1, 1973 in relation to natural accretion of land are deemed to have continued to be in existence subsequent to July 1, 1973 to July 1, 1978.

4. (d)

   1. (1) This subsection applies only to a shoreline stabilization project for which any portion of the project is in an area that is not designated as appropriate for structural shoreline stabilization measures by Department mapping.
   2. (2) Improvements to protect a person's property against erosion shall consist of a living shoreline or nonstructural shoreline stabilization measures that preserve the natural environment, such as marsh creation, except in areas where the person can demonstrate to the Department's satisfaction that such measures are not feasible, including areas of excessive erosion, areas subject to heavy tides, and areas too narrow for effective use of nonstructural shoreline stabilization measures.

   3. (3)

      1. (i) Subject to subparagraph (ii) of this paragraph, in consultation with the Department of Natural Resources, the Department shall adopt regulations to implement the provisions of this subsection.

      2. (ii) Regulations adopted by the Department under subparagraph (i) of this paragraph shall:

         1. 1. Include a waiver process that exempts a person from the requirements of paragraph (2) of this subsection on a demonstration to the Department's satisfaction that a living shoreline or nonstructural shoreline stabilization measures are not feasible for the person's property; and

         2. 2. Require the Department, as part of its evaluation of waiver requests, to:

            1. A. On request of the property owner and unless another amount of time is agreed to with the property owner, visit the site of the proposed project within 45 days after the date of the waiver request; and
            2. B. Provide the local soil conservation district with written notice of the waiver request and provide the district the opportunity to make recommendations within 15 days after receipt of the written notice on the acceptance of or modifications to the waiver request.

5. (e)

   1. (1) The Department, in consultation with a licensed marine contractor, shall develop a scoring system to evaluate waiver requests under this section.

   2. (2) The scoring system developed under paragraph (1) of this subsection shall include:

      1. (i) The factors the Department will consider in evaluating a request;
      2. (ii) The relative weight of each factor; and
      3. (iii) The minimum score that a project must receive to demonstrate to the Department's satisfaction that a living shoreline or nonstructural shoreline stabilization measure is not feasible for the person's property.
   3. (3) The Department shall publish the scoring system developed under this subsection on the Department's website.
   4. (4) Nothing in this subsection may be construed to limit the discretion of the Department to grant a waiver to a project that does not receive a minimum score.

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1978, c. 791; Acts 1987, c. 388; Acts 1990, c. 6, § 2. Renumbered from Natural Resources § 9-201 by Acts 1995, c. 488, § 3, eff. July 1, 1995. Amended by Acts 2008, c. 304, § 1, eff. Oct. 1, 2008; Acts 2026, c. 321, § 1, eff. July 1, 2026.

Formerly Art. 66C, § 720.