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MDE Stormwater Management Administrative Waivers Expiring. Are You Ready ?

The Maryland Department of the Environment (MDE) 2007 Stormwater Management Regulations were implemented in 2009. MDE allowed “grandfathering” of projects that received some type of preliminary approval before May, 2010 via an “Administrative Waiver” to continue using the 2000 Stormwater Management Regulations, provided they received final project approval by May 2013. The Administrative Waivers expire on May 4, 2017. By this date, construction of all stormwater management facilities approved under Administrative Waiver as of May 2010, must be completed. If stormwater management construction is not completed by May 4, 2017, projects that were under Administrative Waiver approval must be re-designed to meet the 2007 Stormwater Management Regulations.

In August, 2015 MDE issued a “Guidance Document” noting that Administrative Waivers would be expiring on May 4, 2017. You can view this Guidance Document in the links below. Due to confusion about the Guidance Document, MDE issued a “Clarification Document” in October, 2015 to further explain the expiration of the Administrative Waiver. This document attempts explain “construction completeness” with an illustrative example, to give developers an insight into what MDE believes the local jurisdictions should be considering when determining if a projects stormwater management construction is “complete”. This Clarification Document is also provided in the links below.

Time is running out !! Developers, Builders and Contractors must be aware that the May 4, 2017 deadline is approaching. Stormwater facilities approved under Administrative Waiver back in 2010 must be constructed by this date. The consequences could be detrimental to a projects feasibility.

MDE SWM Admin Waiver Guidance Document August 2015

MDE Admin Waiver Clarification Document Oct. 2015

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