Water Regulations in Development

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 June 5, 2026​​

  1. 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.​

    More Information:
    CCR Rule Comparison F​actsheet
    Contact: Chris Watling: [email protected]

  2. 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.  

    More Information:
    MDE PFAS Fact Sheet
    Contact: Chris Watling: [email protected]

  3. 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]

  4. 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.

    More information on the Advanced Notice of Proposed Rulemaking related to these regulations:
    https://mde.maryland.gov/programs/water/WetlandsandWaterways/AboutWetlands/Pages/ANPRM-Nontidal-Wetland-Mitigation.aspx
    Contact: Danielle Spendiff: Danielle.Spendiff1@maryland.gov


  5. Board of Well Drillers. COMAR 26.05.01 through 26.05.04.

    Purpose: These regulatory amendments are intended to clarify existing definitions, update terminology, expand qualifications for examinations and remove outdated resources. In addition, fees will be moderately restructured to streamline the application process and minimize late renewals, while being conscious of impacts to small businesses.

    More Information:

    Board of Well Drillers
    Contact: Amanda Redmiles: [email protected]
ProgramEnvironmental 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.
COMAR26.08.01.01
Relevant Statutory DeadlineNA
Target Effective DateNA
Status
Draft under development

ProgramWetlands and Waterways Program
Regulation Title
Tidal Wetland Regulations
Purpose
State implementation of federal mitigation rule for In-Lieu Fee Programs
COMAR26.24
Relevant Statutory DeadlineNone
Target Effective DateNone
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.

ProgramWetlands and Waterways Program
Regulation Title
Non-tidal Wetland Regulations
Purpose
State implementation of federal mitigation rule for In-Lieu Fee Programs
COMAR26.23
Relevant Statutory DeadlineNone
Target Effective DateNone
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.

ProgramWastewater Permits Program
Regulation Title
Judicial Review Regulations
Purpose
Edit and revise existing regulations to include judicial review procedures.
COMAR26.08.04.01-3, 26.08.04.08 (I,J, K,), 28.08.04.10-1
Relevant Statutory DeadlineNone
Target Effective DateTBD
Status
Regulations under development.

ProgramWetlands and Waterways Program
Regulation Title
Judicial Review Regulations
Purpose
Repeal existing contested case hearing regulations and propose judicial review procedures consistent with statutory requirements.
COMAR26.08.02.10-13, 26.17.04, 26.23.02-.03, 26.24.02,.08
Relevant Statutory DeadlineNone
Target Effective DateTBD
Status
Regulations under development

ProgramWastewater Permits Program
Regulation Title
Water Supply, Sewerage Systems in the Subdivision of land in Maryland
Purpose
Update subdivision regulations
COMAR26.04.03
Relevant Statutory DeadlineNone
Target Effective DateTBD
Status
Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.

ProgramWater Supply
Regulation Title
Judicial Review
Purpose
Edit and revise existing regulations to include judicial review procedures
COMAR26.01.07
Relevant Statutory DeadlineNone
Target Effective DateTBD
Status
Under Development

Number of Water Regulations in Development: 7