Nontidal Wetland Regulations (COMAR 26.23)
The Department is proposing to adopt, amend, and repeal certain regulations under COMAR 26.23 , “Nontidal Wetlands.”
We are mainly proposing changes to our regulations concerning mitigation. These changes would improve consistency with the 2008 Federal Mitigation Rule, and enable us to establish a federally-approved in-lieu fee program. They would also increase clarity regarding the mitigation process, improve departmental efficiency, and incorporate additional environmental and administrative considerations.
These changes would also provide greater flexibility to permittees and developers by encouraging the establishment of mitigation banks and a viable in-lieu fee program. Currently, applicants are often limited to conducting permittee-responsible mitigation, which may cause permitting delays or long-term liability. By providing more viable alternatives, we will better ensure that the mitigation options selected provide the highest-functioning mitigation possible while minimizing the burden on the permittee.
More information on the proposed regulations can be found at https://mde.maryland.gov/programs/water/WetlandsandWaterways/AboutWetlands/Pages/mitigation.aspx. The proposed in-lieu fee rates, which will not be codified in the regulations, are also linked to on this website.
We welcome comments and questions regarding our proposed draft regulations.
Contact: Kelly Neff, [email protected]
Stormwater Management Regulations (COMAR 26.17.02)
The Maryland Department of the Environment (Department) is proposing to amend regulations .01-.11 under COMAR 26.17.02 , “Stormwater Management.”
These changes will update the State's stormwater management requirements for new development and redevelopment. The proposed amendments implement Chapter 641, Acts of 2021 (Senate Bill 227), and support the Department's Advancing Stormwater Resiliency in Maryland (A-StoRM) initiative.
The purpose of this action is to modernize Maryland's stormwater management requirements based on current precipitation data, updated hydrologic information, observed flooding, and projected changes in precipitation patterns. These changes are intended to reduce increases in stormwater runoff, provide greater protection against downstream flooding and channel erosion, and improve the resilience of stormwater management practices under current and projected precipitation conditions.
These updates will also better ensure consistency across jurisdictional boundaries and enhance clarity for developers, regulators, and communities.
The Department is requesting comments and questions from small business stakeholders regarding these proposed draft regulations.
More information on the proposed regulations can be found at https://mde.maryland.gov/programs/water/stormwatermanagementprogram/pages/index.aspx.
Contact: Raymond Bahr, [email protected]
Last updated on September 30, 2026
