Wetlands and Waterways Protection Program Emergency Notification and Authorization Request Procedures
General
- General Guidance for Emergency Action and Repairs (v. May 2026) To facilitate emergency actions/repairs which impact State-regulated water resources, the Maryland Department of the Environment (“MDE” or “the Department”) highlights these established procedures for conducting emergency repairs under COMAR 26.17.04.06 (D) Construction on Nontidal Waters and Floodplains, 26.23.02.08 Nontidal Wetlands, COMAR 26.24 Tidal Wetlands, COMAR 23.02.04.05C State Tidal Wetland Licensing Procedures.
Tidal Wetlands
This guidance is for any emergency repair in tidal wetlands that are not "in-kind" you must first obtain an Emergency Wetland License. "In-kind" means restoring a damaged structure to its prior condition without changing its size or configuration. Immediately contact your MDE Tidal Project Reviewer with property information and photos, and if the emergency is confirmed, submit six specific details within three days and a Joint Federal/State Permit Application within 14 days. Applicants are also advised to contact the U.S. Army Corps of Engineers to determine if federal authorization is necessary.
This guidance streamlines "in-kind" emergency repairs in State or Private Tidal Wetlands following a major named storm or high-tide event. "In-kind" refers to restoring a damaged structure to its prior condition without altering its size or configuration. To qualify, the structure must have been functional or authorized before the storm, and property owners must submit an Emergency Notification Form to MDE in lieu of a formal application. Before work begins, owners must notify the Water and Science Administration’s Compliance Program and the local county Critical Area Program, as well as secure any necessary federal or local authorizations. Applicants are also advised to contact the U.S. Army Corps of Engineers to determine if federal authorization is required. All authorized repairs must be completed within one year of the storm event.
Nontidal Wetlands and Waterways
This guidance covers sudden, unforeseen events that immediately threaten public health, safety, or the environment. While you may begin the minimum necessary emergency repairs to nontidal wetlands and waterways without prior written state approval, you must notify MDE verbally and follow up in writing with project details no later than the next business day. Any work beyond the minimum necessary repair, or involving mechanical equipment in a waterway, requires prior approval; in these cases, notification must be immediate. Applicants are also advised to contact the U.S. Army Corps of Engineers to determine if federal authorization is required.
Water Quality Certification
MDE can issue an emergency Water Quality Certification (WQC) if waiting for the usual public notice would risk lives, water quality, or property. This helps emergency work start fast. Before work begins you must contact MDE to request an emergency water quality certification. MDE will post a public notice explaining the emergency action within 10 days of issuing the certificate. All environmental protections and water quality standards still apply, and you may still need other state, federal, or local permits before starting repairs, including the tidal and nontidal emergency authorizations noted above. Applicants are also advised to contact the U.S. Army Corps of Engineers and/or your lead federal agency to determine the federal authorization requirements that trigger a WQC requirement.
Hurricane and Tropical Storm Preparedness tips are also available from the MDE home page.
