Public Notices
MARYLAND DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
1800 WASHINGTON BOULEVARD
BALTIMORE, MARYLAND 21230
Notice of Application for State Wetland Licenses, Private Wetland Permits, Nontidal Wetlands and Waterways Permits, Dam Safety Permits, Water Quality Certification, and/or Federal Consistency Concurrence and the Opportunity to Provide Written Comment or Request an Informational Hearing
October 1, 2025
The Water and Science Administration has received the applications listed below.
A preliminary review has indicated that the listed projects may be subject to the opportunity for a public hearing once the application is substantially complete. Projects may be significantly altered during the review process. The applications and related information are available for inspection and copying. You may also request written notice of any hearing opportunity by having your name placed on the interested persons list for each project in which you are interested. To inspect the file or to have your name placed on the interested persons list, contact the assigned division at the telephone number indicated below no later than November 1, 2025 unless otherwise noted in the Public Notice.
Wetlands and Waterways Protection Program - (410) 537-3456
Advanced Notice of Proposed Rulemaking – 2025 Nontidal Wetland Review
Revisions to Nontidal Wetland Regulations
The Maryland Department of the Environment (MDE) is considering revisions to regulations in COMAR 26.23.01 through 26.23.05, with a focus on the nontidal wetland mitigation regulations.
How to Use This Notice
Detailed draft regulatory language is included separately for review. This notice is intended to highlight the main areas where MDE is inviting input and providing context for the draft revisions. Stakeholders are encouraged to read the narrative overview together with the draft regulations and provide feedback on both the specific language and the broader policy questions outlined below.
Goals of the Revisions
The revisions are intended to:
- Improve consistency with federal requirements under the 2008 Federal Mitigation Rule (Code of Federal Regulations 33 CFR Parts 325 and 332 for the Department of the Army and 40 CFR Part 230 for the U.S. Environmental Protection Agency for Compensatory Mitigation for Losses of Aquatic Resources);
- Achieve consistency with Maryland law, specifically statutory amendments (§§5-901 and 5-910, Environment Article, Annotated Code of Maryland; adopted in 2016 for Nontidal Wetlands – Nontidal Wetland Mitigation Banking) to support mitigation banking and remove barriers to its use;
- Strengthen MDE’s regulatory authority to implement in-lieu fee and mitigation banking programs in a manner consistent with federal requirements (e.g., establishing an in-lieu fee program that can also be used to satisfy federal requirements);
- Enable MDE to continue to require and oversee compensatory mitigation on behalf of the U.S. Army Corps of Engineers through a State Programmatic General Permit; and
- Improve mitigation outcomes, by increasing the likelihood that compensatory mitigation requirements will be successfully completed in a timely manner.
Major Topics for Review
As part of this process, MDE is inviting the public’s input on several areas in need of revision, including:
- Clarifying the order of preference among mitigation options, emphasizing environmentally preferable approaches and accounting for impacts to overburdened and underserved communities.
- Expanding and clarifying mitigation options, thereby reducing permitting hurdles and resulting in higher-functioning mitigation projects:
- Encouraging establishment of mitigation banks - include consistent requirements for mitigation banks, in-lieu fee, and permittee-responsible mitigation.
- Developing a robust in-lieu fee program that is recognized by the U.S. Army Corps of Engineers, which includes establishing realistic in-lieu fee rates.
- Improve replacement of lost nontidal wetland acreage and function.
- Consider the effects of changing environmental conditions.
- Update requirements for mitigation plan approval and construction timing, financial assurances, and performance monitoring.
MDE welcomes feedback on both the draft regulatory text and the broader concepts described above. Input received during this Advanced Notice of Proposed Rulemaking (ANPRM) stage will guide whether and how MDE moves forward with formal rulemaking.
Comment Period
MDE is inviting early input on the draft concepts and draft regulatory language presented in this ANPRM. Feedback received during this stage will help shape the formal proposed regulations that MDE anticipates publication of in Spring 2026.
Comments on these regulations should be sent by
December 18, 2025, to:
Ms. Kelly Neff
Wetlands and Waterways Protection Program
Maryland Department of the Environment
1800 Washington Boulevard
Baltimore, MD 21230
Email:
[email protected]More information on the proposed regulations can be found at
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/AboutWetlands/Pages/ANPRM-Nontidal-Wetland-Mitigation.aspx.
Listening SessionsIn addition to the option to submit written comments, three Listening Sessions have been scheduled at different times and formats to give the public multiple ways to provide comments to MDE:
- A virtual Listening Session has been scheduled for October 15, 2025, starting at 7:00 PM and ending no later than 9:00 PM. To participate in this Listening Session, please use the following link: meet.google.com/zvo-dche-qav or dial 1-240-200-0677 PIN: 556 633 964#
- An in-person Listening Session with a virtual listen-only option will be held on October 23, 2025, at the Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD, 21230, starting at 9:30 AM and ending no later than 11:30 AM. To join this Listening Session virtually, please use the following link: meet.google.com/emz-ysyp-nes or dial 1-513-463-8951 PIN: 330 540 281#
- A virtual Listening Session has been scheduled for October 30, 2025, starting at 2:00 PM and ending no later than 4:00 PM. To participate in this Listening Session, please use the following link: meet.google.com/fyv-bxuy-noo 1-209-783-9110 PIN: 665 265 782#
ScheduleMDE anticipates developing and submitting a final version of the regulations in the Spring of 2026. The timeline for publication will depend on the feedback received during this ANPRM stage.
Supporting MaterialsTo help guide review and comment, MDE has prepared several draft materials for stakeholder consideration:
- Summary of Draft Revisions: Provides an overview of the content changes under consideration, including reorganization of mitigation-related regulations to meet new formatting requirements (e.g., limits on the length of each regulation).
Summary of Draft Revisions (PDF) - Draft Regulatory Language: Early draft text that illustrates how revisions may be structured.
Draft Regulations (PDF)
- Proposed In-Lieu Fee (ILF) Rates: Preliminary updates to ILF rates intended to reflect realistic costs of replacing high-functioning nontidal wetlands and to support development of a federally recognized ILF program. These rates are provided for comment but will not be codified in regulation; future updates will be issued by public notice.
Proposed 2025 ILF Rates (PDF) - Additional Resources:
Nontidal Wetlands Division - (410) 537-3456
No notices this period.
Tidal Wetlands Division (410) 537-3571
Baltimore County
25-WL-0364 / 202560528 - KYLE FOEHRKOLB at 7018 Greenbank Rd has applied to remove and replace 50 linear feet of existing bulkhead within 18 inches of the mean high water line, a 20-foot long by 50-foot wide near-shore platform, an 88-foot long by 6-foot wide pier with a 20-foot long by 12-foot wide platform, and install a new boatlift with associated piles, all within a maximum of 120 feet channelward of the mean high water line. The proposed project is located within the tidal waters of Gunpowder River at 7018 Greenbank Rd. The purpose of this project is to improve navigable access. For more information, please contact Willem Brown at
[email protected] or at 667-408-0139.
25-WL-0539 / 202560842 - THE BALTIMORE COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND SUSTAINABILITY at 111 W Chesapeake Ave, Rm 305, Towson, Maryland, has applied to construct 25,965 square feet of living shoreline with 16,732 square feet of breakwater consisting of wave attenuation devices and stone scour protection including obstruction signage within a maximum of 170 feet channelward of the mean high water line. The project is located within the tidal waters of Back River near 425 Walnut Grove Rd. & Maritime Cir. in Essex, Maryland. The purpose of this project is to control shoreline erosion. For more information contact Willem Brown
[email protected] or by phone at 667-408-0139.
Calvert County
24-WL-0422 / 202460585 TANNER HAIGWOOD at 6594 Long Beach Drive, Saint Leonard has applied to remove two degraded groins and construct 100 feet of stone revetment within a maximum of 15 feet channelward of the mean high water line. Mitigation will be required for 500 square feet of revetment. The proposed project is located within the tidal waters of Chesapeake Bay at 6594 Long Beach Drive. The purpose of this project is to control shoreline erosion. For more information, please contact Kathryn Burcham at [email protected] or at 410-707-5254.
Dorchester County
24-WL-0815 / 202461204 - BLACKWATER NATIONAL WILDLIFE REFUGE, 2145 Key Wallace Drive, Cambridge, Maryland 21613 has applied to enhance approximately 100 acres of failing marsh by placing 150,000 cubic yards of material which will be hydraulically dredged from 30 acres of the Blackwater River. Approximately 3.6 acres of the proposed dredging was previously authorized to be dredged for a nearby project. The marsh platform is intended to be raised to an elevation of no more than +2.44 feet mean low water. Sandy dredged material will be placed around the perimeter of the receiving area to a maximum height of 2.44 feet mean low water to create a containment dike and a ditch plug will be installed prior to placement of the remaining dredged material. Once the dredged material is sprayed onto the marsh, the site will be monitored and revegetated with native marsh vegetation where needed. The purpose of this project is to enhance the marsh along the Blackwater River to provide habitat and an area for marsh migration. The project is located along the Backgarden Creek near Shorters Wharf on Maple Dam Road, Cambridge in Dorchester County, Maryland 21613. For information, please contact Mary Phipps-Dickerson at
[email protected] or 443-509-0797.
Water Quality Certifications – (410) 537-3456
No notices this period.
Waterway Construction Division – (410) 537-3456
Stormwater, Dam Safety, and Flood Management Program - (410) 537-3552
Dam Safety Permits Division – (410) 537-3552
No notices this period.
