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 took effect on July 1, 2025.
Photo credit: MDE
Whole Watershed Act Requirements
All stream and floodplain restoration project applications received on or after July 1, 2025 must comply with the requirements set forth in the Whole Watershed Act. These requirements are identified in Md. Ann. Code, Environment Article, Title 18, Stream and Floodplain Restoration Projects, §§ 18-101 through 18-103.
Applicants should review the Whole Watershed Act requirements early during project planning and development to help avoid delays. The Act 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.
Post-construction monitoring reports: MDE requires post-construction monitoring reports to be submitted by email to [email protected].
Application Planning and Review
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. Relevant requirements include Md. Ann. Code, Environment Article, Title 5, Subtitle 5, COMAR 26.17.04, Md. Ann. Code, Environment Article, Title 5, Subtitle 9, and COMAR 26.23.
MDE may deny an incomplete application, which would result in the project being required to meet the requirements of the Whole Watershed Act before resubmission for MDE review.
The Wetlands and Waterways Protection Program has resources posted on its application webpage to assist with application completion, including forms and application checklists and a revised version of the Stream Restoration Authorization Checklist.
All applicants are encouraged to submit a pre-application meeting request before submitting an application.
Guidance and Reference Materials
Additional guidance and reference materials, including a Frequently Asked Questions document and an updated Stream Restoration Authorization Checklist with Whole Watershed Act requirements for applications received on or after July 1, 2025, are available below.
Documents
