Application Fees Increase
General Increase: Existing fees for Wetlands and Waterways Program applications have been adjusted to account for inflation.
Tier II High Quality Watersheds: New additional application fees are established for activities proposed in Tier II High Quality Watersheds, reflecting the heightened need for environmental protection in these sensitive areas.
Inflation Adjustment Authorization
- Allows for future inflation adjustments to Wetlands and Waterways fees without the need for additional legislative action. This provision ensures that fee structures remain aligned with program administration costs over time.
- The Department will provide public notice of any adjusted fee rates at least 90 days prior to their effective date.
Tier II High Quality Watersheds
What is a Tier II High Quality Water? Federal antidegradation regulations (40CFR131.12) require states to develop and adopt a statewide antidegradation policy that protects all Waters of the U.S. from degradation. These regulations also require states to maintain the condition of high quality (i.e. Tier II) waters.
Maryland’s Tier II regulations are found in the Code of Maryland Regulations (COMAR) 26.08.02.04-2. This regulation authorizes MDE to conduct Tier II Reviews for all designated Tier II stream segments, regardless of assimilative capacity status. Tier II reviews are initiated at the watershed scale, ensuring that upstream activities avoid, minimize, and mitigate impacts to protect downstream, Tier II, water quality. More Information about Maryland’s Tier II High Quality Waters can be found HERE.
What is a Tier II High Quality Watershed? The land and water areas that drain toward or into a Tier II High Quality Watershed as designated in Code of Maryland Regulations 26.08.02.04-2 and identified in a geographic information system by the Department. An MDE interactive Tier II map that displays all currently designated Maryland Tier II high-quality stream segments and their drainage areas can be found HERE.
What are the fees associated with a Tier II Review? The fee for a minor project or minor modification is $400.00, and the fee for a major project or major modification is $1,600.00. This fee should not be submitted at the time of application submission. An invoice from MDE will be forwarded, and payment should be submitted only after receiving that invoice.
Please note that projects that are classified as minor for fee purposes may still be considered complex Tier II reviews. Complex reviews generally take more time to complete.
Updated Fee Schedule
The application fees associated with projects impacting any Floodplain, Waterway, or Tidal/Nontidal Wetland in Maryland can be found in our Fee Schedule.
For applications requiring fees, please send the applicable application fee and a copy of the first page of the application to:
Maryland Department of the Environment (MDE)
P.O. Box 2057
Baltimore, MD, 21203-2057
PCA: 13910 OBJ: 4142
Note: Tier II fees will be invoiced separately and should not be included at time of application submission.