On May 9, 2024, Governor Moore signed into law the Whole Watershed Act (Chapters 558 and 559) making several legislative changes to MDE's permitting process related to stream and floodplain restoration projects. The Whole Watershed Act (WWA) introduces a collaborative framework for watershed restoration in Maryland, emphasizing innovative and science-based solutions to restoration challenges. Section 2 of the Act creates a new Title 18 of the Environment Article to regulate stream and floodplain restoration projects. This page is intended to provide guidance to the regulated community on new application and review requirements which take effect on July 1, 2025.
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All stream and floodplain restoration project applications received on or after July 1, 2025 must comply with the requirements set forth in the WWA. These are specifically identified in Md. Ann. Code, Env. Article 18, Stream and Floodplain Restoration Projects (§18-101 - 18-103). It is recommended that you review the WWA requirements and determine how you may begin complying with the WWA during planning and development of your project to avoid delays in 2025. The WWA expands public notice and community engagement, requires a more holistic analysis of co-benefits from stream and floodplain restoration projects, and mandates post-construction monitoring for a period of 5 years.
MDE recommends applicants review Maryland’s statutory and regulatory requirements for projects proposing to impact nontidal wetlands and waterways, including the 100-year nontidal floodplain, prior to submitting an application (see Md. Ann. Code, Env. Article Title 5, Subtitle 5 and COMAR 26.17.04 and Md. Ann. Code, Env. Article 5, Subpart 9 and COMAR 26.23). MDE may deny an incomplete application, which would result in a project being required to meet the requirements of the WWA prior to resubmission of an application for review by MDE. The Wetlands and Waterways Protection Program has resources posted on its application webpage to assist with application completion, including forms and application checklists, including the current version of the Stream Restoration Authorization Checklist (updated August 2024). All applicants are encouraged to submit a pre-application meeting request prior to submitting an application.
Additional guidance and reference materials, including a Frequently Asked Questions document and an updated Stream Restoration Authorization Checklist with requirements of the WWA for applications expected on or after July 1, 2025, are under development. Updates will be posted on this page. Please check back soon for additional updates to this page.
