Water Regulations in Development
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Below is a list of water regulations which are in the process of being developed, reviewed, or revised by the Department. It may also be useful to cross check the Small Business Regulations website here.
As of 11/14/2022
Boil Water Advisory [26.04.01–Quality of Drinking Water in Maryland]
A notice of proposed amendments to 26.04.01 is planned to regulate public water systems with respect to knowing when and how to act in case of an unplanned water outage or flooded well or spring and how to issue a Boil Water Advisory (BWA).
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| Program | Environmental Assessments and Standards | | Regulation Title |
Water Quality Standards
| | Purpose |
Update state high-quality waters (Tier II) regulations to codify the existing non-tidal wetlands (NTW) review process, propose new requirements for National Pollutant Discharge Elimination System (NPDES) discharges, and condition Water and Sewage (W&S) Plan amendment approvals in Tier II watersheds with no assimilative capacity.
| | COMAR | 26.08.01.01 | | Relevant Statutory Deadline | NA | | Target Effective Date | NA | | Status |
Draft under development
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| Program | Wetlands and Waterways Program | | Regulation Title |
Tidal Wetland Regulations
| | Purpose |
State implementation of federal mitigation rule for In-Lieu Fee Programs
| | COMAR | 26.24 | | Relevant Statutory Deadline | None | | Target Effective Date | None | | Status |
Stakeholder and public meetings to obtain input on key issues for wetlands compensatory mitigation regulation revisions was completed in October 2016. Stakeholder feedback is being incorporated into the ILF instrument (e.g., revised ILF rates) and regulation development. The target date for the draft ILF instrument and draft regulation language to be complete is May 2017 when the proposed revisions will be released for public comment.
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| Program | Wetlands and Waterways Program | | Regulation Title |
Non-tidal Wetland Regulations
| | Purpose |
State implementation of federal mitigation rule for In-Lieu Fee Programs
| | COMAR | 26.23 | | Relevant Statutory Deadline | None | | Target Effective Date | None | | Status |
Stakeholder and public meetings to obtain input on key issues for wetlands compensatory mitigation regulation revisions was completed in October 2016. Stakeholder feedback is being incorporated into the ILF instrument (e.g., revised ILF rates) and regulation development. The target date for the draft ILF instrument and draft regulation language to be complete is May 2017 when the proposed revisions will be released for public comment.
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| Program | Wastewater Permits Program | | Regulation Title |
Judicial Review Regulations
| | Purpose |
Edit and revise existing regulations to include judicial review procedures.
| | COMAR | 26.08.04.01-3, 26.08.04.08 (I,J, K,), 28.08.04.10-1 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Regulations under development.
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| Program | Wetlands and Waterways Program | | Regulation Title |
Judicial Review Regulations
| | Purpose |
Repeal existing contested case hearing regulations and propose judicial review procedures consistent with statutory requirements.
| | COMAR | 26.08.02.10-13, 26.17.04, 26.23.02-.03, 26.24.02,.08 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Regulations under development
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| Program | Wastewater Permits Program | | Regulation Title |
Water Supply, Sewerage Systems in the Subdivision of land in Maryland
| | Purpose |
Update subdivision regulations
| | COMAR | 26.04.03 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.
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| Program | Water Supply | | Regulation Title |
Judicial Review
| | Purpose |
Edit and revise existing regulations to include judicial review procedures
| | COMAR | 26.01.07 | | Relevant Statutory Deadline | None | | Target Effective Date | TBD | | Status |
Under Development
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| Number of Water Regulations in Development: 7 |
