MD's Stormwater Management Regulations and Local Ordinances

Local governments are working under a November 11, 2009 deadline to submit to MDE draft stormwater management ordinances which must conform to MDE's model stormwater ordinance. Environmental site design (ESD), which was previously encouraged, will now be required (through the use of nonstructural best management practices) to be implemented to the maximum extent possible. The new regulatory requirements apply to all new development and redevelopment projects that do not have final approval for erosion and sediment control and stormwater management plans by May 4, 2010.

Review MDE's stormwater regulations and Model Ordinance: http://www.mde.maryland.gov/Programs/WaterPrograms/SedimentandStormwater/swm2007.asp

The issue of "grandfathering" phased projects has raised considerable questions and concerns by developers and local governments. MDE has responded to a wide variety of scenarios as to how the grandfather language will be implemented and taken the position that subsequent phases not approved for final sediment control and stormwater by May 4, 2010 must use ESD. MDE does not favor allowing development projects that may take several years to be completed to install old technology for run-off control.

Legislation is expected to be introduced during the 2010 Session of the General Assembly that will address the "grandfathering" issue. Developers with phased projects should document the consequences of the limited grandfathering that exists under current regulations to assist in building a case for legislative changes.

CONTACT: Barbara Wilkins | Holland & Knight
Phone 410.263.0349
barbara.wilkins@hklaw.com