Water Regulations in Development
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Below is a list of water regulations which are in the process of being developed, reviewed, or revised by the Department. It may also be useful to cross check the Small Business Regulations website here.
As of 2/25/2026
CCR Rule Revisions. COMAR 26.04.01.
Purpose: Under the Safe Drinking Water Act, Community Water Systems are currently required to publish an annual report on water quality, known as the Consumer Confidence Report, or CCR. In May 2024, EPA revised federal regulations for CCRs to improve the readability, clarity, understandability, accuracy, and risk communication. These proposed revisions to COMAR will ensure that Maryland’s CCR regulations are the same as EPA’s.
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PFAS in Drinking Water. COMAR 26.04.01.
Purpose: This regulation establishes state drinking water standards for PFAS identical to federal regulations. Consistent with State law, MDE proposes to adopt regulations based on the 2024 federal rule to ensure the State has primary enforcement responsibility (primacy). If the federal PFAS drinking water rule is amended, it is MDE’s intent to adopt the updated rule consistent with State law.
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Stormwater Management. COMAR 26.17.02.
Purpose: These amendments to existing regulations are intended to improve technical methods of managing stormwater in urban and suburban areas, in a manner that accounts for climate change. This update is part of implementing MDE’s Stormwater Management Climate Change Action Plan: “Advancing Stormwater Resiliency in Maryland
(A-StoRM)”.
More Information:
https://sb-227-maryland.hub.arcgis.com
Contact: Raymond Bahr:
[email protected]
Nontidal Wetlands Mitigation - Advanced Notice of Proposed Rulemaking COMAR 26.23.01 through 26.23.05.
Purpose: These amendments to existing regulations improve options for mitigating impacts on wetlands to achieve the goal of no-net-loss of these important ecosystems and will provide consistency with the 2008 Federal Mitigation Rule.
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| Program | Environmental Assessments and Standards | | Regulation Title |
Water Quality Standards
| | Purpose |
Update state high-quality waters (Tier II) regulations to codify the existing non-tidal wetlands (NTW) review process, propose new requirements for National Pollutant Discharge Elimination System (NPDES) discharges, and condition Water and Sewage (W&S) Plan amendment approvals in Tier II watersheds with no assimilative capacity.
| | COMAR | 26.08.01.01 | | Relevant Statutory Deadline | NA | | Target Effective Date | NA | | Status |
Draft under development
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| Program | Wetlands and Waterways Program | | Regulation Title |
Tidal Wetland Regulations
| | Purpose |
State implementation of federal mitigation rule for In-Lieu Fee Programs
| | COMAR | 26.24 | | Relevant Statutory Deadline | None | | Target Effective Date | None | | Status |
Stakeholder and public meetings to obtain input on key issues for wetlands compensatory mitigation regulation revisions was completed in October 2016. Stakeholder feedback is being incorporated into the ILF instrument (e.g., revised ILF rates) and regulation development. The target date for the draft ILF instrument and draft regulation language to be complete is May 2017 when the proposed revisions will be released for public comment.
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| Program | Wetlands and Waterways Program | | Regulation Title |
Non-tidal Wetland Regulations
| | Purpose |
State implementation of federal mitigation rule for In-Lieu Fee Programs
| | COMAR | 26.23 | | Relevant Statutory Deadline | None | | Target Effective Date | None | | Status |
Stakeholder and public meetings to obtain input on key issues for wetlands compensatory mitigation regulation revisions was completed in October 2016. Stakeholder feedback is being incorporated into the ILF instrument (e.g., revised ILF rates) and regulation development. The target date for the draft ILF instrument and draft regulation language to be complete is May 2017 when the proposed revisions will be released for public comment.
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| Program | Wastewater Permits Program | | Regulation Title |
Judicial Review Regulations
| | Purpose |
Edit and revise existing regulations to include judicial review procedures.
| | COMAR | 26.08.04.01-3, 26.08.04.08 (I,J, K,), 28.08.04.10-1 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Regulations under development.
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| Program | Wetlands and Waterways Program | | Regulation Title |
Judicial Review Regulations
| | Purpose |
Repeal existing contested case hearing regulations and propose judicial review procedures consistent with statutory requirements.
| | COMAR | 26.08.02.10-13, 26.17.04, 26.23.02-.03, 26.24.02,.08 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Regulations under development
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| Program | Wastewater Permits Program | | Regulation Title |
Water Supply, Sewerage Systems in the Subdivision of land in Maryland
| | Purpose |
Update subdivision regulations
| | COMAR | 26.04.03 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.
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| Program | Water Supply | | Regulation Title |
Judicial Review
| | Purpose |
Edit and revise existing regulations to include judicial review procedures
| | COMAR | 26.01.07 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Under Development
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| Number of Water Regulations in Development: 7 |
