Tier II Review - General Permit for Stormwater Associated with Construction
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ATTENTION: There has been an update to the Tier II Review process. A preliminary Tier II report template is provided below in the section labeled "Preliminary Tier II Questions". Please email the completed information to angel.valdez@maryland.gov to continue with the review process.
Applicants seeking permits for stormwater associated with construction activity, may have to undergo additional review if their project is within a Tier II watershed with no assimilative capacity. If you receive such a message, contact Angel Valdez, at
angel.valdez@maryland.gov, to discuss the Tier II review requirements for your project. Email is the preferred option to provide project information, availability, and questions. Virtual meetings can be scheduled upon request.
To help determine what may be necessary for this project review, please complete the Preliminary Tier II Report Template and return this information when reaching out to Tier II staff.
(Please note, when downloading this fillable template, select the option to 'open' and then you may have to click 'cancel' several times until the word document has the ability to open.)
Once the review is complete, Tier II review staff will provide applicants with a cover letter summarizing the review to indicate that all Tier II review requirements are satisfied. This letter can be used for any other project construction related transfers and project related permits. It is only valid if there are no future modifications to the project. If the project is modified, then MDE will conduct a follow-up Tier II review to determine if there are any additional environmental impacts.
Depending upon the nature of the project, review times can increase an estimated additional 2 - 4 weeks to make a ‘no additional review required’ determination, or to process a basic Tier II review. Basic reviews generally do not require additional mitigation analysis when evaluating minimization alternatives. More complex reviews occur for projects that require mitigation analysis, additional documentation, or other conditions due to increased impacts to the Tier II water. It is difficult to estimate review times for these, more complicated projects however, comparable reviews for similar activities conducted during the nontidal wetlands and waterways construction permit review realistically take 3-6 months. It takes time to conduct a mitigation analysis, and ensure that properties, agreements, easements, or other special conditions, are in place prior to receiving an authorization.
All times are approximate and may increase or decrease depending on the nature of each specific project review.
There are steps that applicants can take to reduce estimated turnaround times.
- Use the Tier II waters interactive map to pre-screen your project to see if you may need to complete a Tier II review.
- If your project is in a Tier II watershed, especially one with no assimilative capacity, arrange to have a Tier II review preapplication meeting with MDE.
- When reaching out, include sufficient background information detailed above, and any other information you believe could help review staff better understand the nature of your project. This will make it easier to identify next steps.
- Carefully follow all directions regarding the analysis required with your review submission. If any portion of the analysis is performed incorrectly or omitted in your initial submission, MDE will pause the review while you update the analysis and documentation.
- Do not hesitate to ask for assistance when completing the documentation. Clarify questions or concerns as early in the review process as possible to avoid potential submission errors, and to decrease the likelihood that MDE will determine that your submission is deficient.
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Click here to return to the Tier II Review Information page. Click here to return to the Maryland Tier II Waters homepage. is attached.
Please direct any questions or comments concerning Maryland's Antidegradation program to Angel Valdez at
angel.valdez@maryland.gov.
This page was last updated 10/2024.
