For the first time in more than 30 years, Maryland’s wetland regulations will undergo a review and update, for which the Maryland Board of Public Works’ Wetlands Administration (“BPW”) is soliciting comments on or before January 31, 2020.

CURRENT DRAFT CHANGES – While the proposed redrafted regulations (“Proposed Draft”) are a restatement of current regulations (COMAR 23.02.04), several changes are being proposed to address current issues and practices.  Notable proposed changes include:

• Elimination of Board of Public Works fees for the issuance of tidal wetland licenses; however, fees for MDE, mitigation and compensation will still apply. 
• Issuance of Emergency Licenses for emergencies in tidal wetlands arising from an act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice.
• Addressing shoreline stabilization and living shorelines with explanation of stabilization techniques and how license issuance supports the 2012 living shorelines law.
• Explanation of horizontal directional drilling and the process for obtaining wetland licenses for such projects.
• Description of mitigation and alignment of mitigation ratios with MDE regulations.

AFFECTED PARTIES AND ACTIVITIES – Parties who will be potentially impacted by the Proposed Draft include, but are not limited to, State and local agencies, property owners, property developers, licensed marine contractors, environmental scientists and consultants, environmental advocates, and waterfront community associations.

The Proposed Draft will impact the issuance of wetlands licenses required before any dredging, filling or alteration of State tidal wetlands can occur.  Examples of such activities which would need a license are beach nourishment projects; construction of or repairs to boat ramps, borings, bulkheads, jetties, groins, mooring piles, nesting poles, piers, boat lifts, stone breakwaters, stone revetments, utility lines, pipes and conduits in tidal wetlands; dredge or basin excavation; horizontal directional drilling; and marsh creation.

REGULATORY PROCESS – The Wetlands Administration will review all comments received in response to its solicitation and take such comments into consideration when preparing a final draft of the proposal. After the draft is finalized, the State Administrative Procedure Act requires the following steps:

1. Wetlands Administrator recommends the proposal to BPW at an open meeting. 
2. BPW votes to formally propose the draft.
3. The proposal is submitted to the General Assembly (AELR Committee) for review.
4. The proposal is published in the Maryland Register.
5. A formal Public Comment period ensues.
6. After publication and public comment, BPW may adopt the proposal as final at a second open meeting.

SUBMISSION OF COMMENTS – Comments can be submitted by email to William Morgante, BPW – Wetlands Administrator at bill.morgante@maryland.gov by January 31, 2020.  Reference to “Wetlands Regs” should be noted in the subject line.

Questions regarding the Maryland Board of Public Work’s Proposed Draft Regulations can be directed to any member of the firm’s Environmental Practice Group.

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