The Maryland Department of the Environment proposed to make the emergency regulations adopted as part of the stormwater compromise during the 2010 Session permanent in the May 21 issue of the Maryland Register. The regulation language, which created a grandfathering provision for development projects “already in the pipeline” and clarified when local governments could approve the use of alternative measures or waivers, can be found in the following Code of Maryland Regulations (COMAR) sections: 26.17.02.01, 26.17.02.01-2, and 26.17.02.05. Public comment period on the proposed action runs through June 21.
MDE Moves to Make Emergency Stormwater Compromise Regulations Permanent
June 10, 2010
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Posted by Les Knapp
Stormwater “deal” still faces opposition
March 12, 2010In today’s coverage from Center Maryland are dispiriting comments from Senator Paul Pinsky:
The co-chairman of the General Assembly panel that must approve a compromise on tough new stormwater runoff regulations denounced the deal Thursday, calling it “an abomination” crafted with little regard for the environment.
The opposition of Sen. Paul Pinsky, the Prince George’s County Democrat who serves as co-chairman of the Administrative, Executive and Legislative Review Committee, suggests the compromise on stormwater rules remains tentative and could still face a difficult challenge before winning approval.
MACo has supported the carefully-crafted deal to follow MDE “guidance” with emergency regulations to solidify the reframed interpretation of the deadlines and applications of the new regulations, which go into effect on may 4 of this year.
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Posted by Michael Sanderson
Stormwater Management – compromise comes together
March 9, 2010Even in the absence of bill hearings and more traditional venues for testimony and concern, MACo has advocated for flexibility in implementing new stormwater regulations regarding environmental site design and runoff reduction. Counties have nee raising concerns with interference with projects already receiving approval under “old rules” for stormwater management, and regarding the narrow interpretation of “redevelopment” used that may impede generally positive downtown projects. In recent days, MACo has been among several stakeholders working toward a compromise on the issue, the essence of which is detailed in today’s Baltimore Sun.
From the Sun article:
Builders, environmentalists and government officials have reached a compromise in a looming legislative fight that threatened to weaken Maryland’s new storm-water pollution rules, they said Monday.
The deal, hammered out over more than a week of negotiations, would head off a move by lawmakers in Annapolis to soften or delay by up to a decade the requirements for controlling runoff from development, which are supposed to take effect May 4.
Further in the Sun coverage, the range of views on the sensitive issue becomes evident:
Under the compromise, projects that already have preliminary approval from county or municipal government would be able to proceed in many cases under existing, less-stringent, storm-water rules. Developers would get up to three years to get final local approval of their plans, but they would have to start construction by 2017 or be forced to install more runoff controls.
Environmentalists have pressed to get new storm-water controls in place as soon as possible, saying that runoff from urban and suburban lands is the only source of bay pollution that is growing.
“It’s never a good thing where we’re going to postpone cleaning up the Chesapeake Bay a bit,” said Dru Schmidt-Perkins, executive director of 1000 Friends of Maryland, an anti-sprawl group. But she said the deal clarifies and limits the breaks given to projects.
Redevelopment projects in designated growth areas also would be eligible for waivers. Baltimore City and Baltimore County officials had complained, as had others, that the regulations would discourage “infill” development and urban and suburban revitalization efforts.
“We think we’ve got a solution here that’s a reasonable solution and that acknowledges the reality of projects we’re trying to get in the future,” said David A.C. Carroll, director of sustainability for Baltimore County.
Environmentalists said they were satisfied in preventing more serious changes in the law.
A bill hearing on HB 1125, legislation introduced to alter and defer many of the proposed regulations, has been canceled by the House Environmental Matters Committee, likely pending the continued work toward this compromise.
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Posted by Michael Sanderson
MDE Opposes suggested $18M cost shift to counties of ground water study
March 2, 2010The Maryland Department of the Environment stated its opposition during its departmental budget hearing to a proposed cost shift to local governments of two important ground water studies already underway. The department contacted MACo directly to inform them of their opposition and requested dissemination of their budget statement, excerpts of which are listed below:
The Maryland Department of the Environment does not agree with the recommended reduction. Despite the increasing pressure on the State’s general fund, the Governor recognizes the critical importance of basic scientific information to ensure that Maryland continues to have a sustainable fresh water supply and has elected to maintain level funding for these important studies in FY 2011. These studies are essential to proper management of the State’s current and future water supplies.
A reliable source of clean fresh water is a fundamental requirement for both good public health and economic health. Between now and 2030, Maryland’s population and demand for fresh water are projected to
increase by 15 to 20 percent State-wide, with higher rates in the faster growing parts of the State. These studies provide critical scientific information to ensure that our State’s fresh water sources are properly
managed to maintain adequate supplies to support our existing population and meet the demands of continued economic growth and development. These studies have been developed by MDE in cooperation with the Maryland Geologic Survey and the U.S. Geologic Survey as recommended by the Governor’s Advisory Committee on the Management and Protection of the State’s Water Resources. The Advisory Committee was established by the Governor at the request of 72 legislators following the drought of 2002, which caused many water systems in Maryland to run short of water and required the imposition of State-wide water use restrictions. It is only a matter of time before the State will face the next drought. In the mean time, demand for water is continuing to increase, particularly for public supplies, thermoelectric power generation and agricultural irrigation.It is not feasible for local governments to pay for these studies. Aquifers cross many boundaries and allocation of expenses would be problematic. Local governments also have no source of funding for this type of scientific assessment work. This is a State responsibility.
MACo appreciates the department outreach, and the resistance to the suggested cost shift. (See previous Conduit Street coverage of this issue)
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Posted by Michele Dinkel
MDE budget includes DLS recommendation for local governments to fund expensive water study
February 27, 2010The Maryland Department of the Environment’s budget analysis includes a recommendation for local governments to fund a comprehensive study (already well underway) of the state’s water resources and supply. The recommendation specifically states:
Delete the appropriation for the Coastal Plain Aquifer Study and Fractured Rock Water Supply Study. The estimated cost is $18 million over six years, and so a one-year hiatus would extend the project to seven years. In addition, it is possible that local governments could fund this study.
The two Ground Water Studies were undertaken as a result of a 2004 report by the Advisory Committee on the Management and Protection of the State’s Water Resources identifying the need for a comprehensive assessment of ground-water resources. The original cost of the studies was estimated at $11 Million for six years and it has now increased by $7 Million as referenced in the MDE budget analysis.
MDE is opposed to the recommendation to shift the study costs to local governments.
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Posted by Michele Dinkel
Stormwater Management Legislation Produces Differing Views
February 20, 2010As recently reported by Conduit Street, legislation has been introduced to alter the grandfathering and redevelopment provisions of the Maryland Department of the Environment’s (MDE) new stormwater management regulations, which are set to take effect May 4, 2010. HB 1125, sponsored by Delegate Marvin Holmes, is set to be heard by the House Environmental Matters Committee on March 3 at 1:00 PM. A Senate bill, sponsored by Senator Ed DeGrange and other members of the Senate leadership is expected to be introduced soon.
The regulations will require developers to use environmental site design (ESD) techniques, such as vegetated swales, rain gardens, green roofs, and pervious surfaces to treat stormwater runoff. MACo supports the use of ESD techniques where feasible and does not have an issue with most of the regulations. However, MACo, along with the Maryland Municipal League and the development community, has serious concerns about the impact the regulations would have on: (1) projects already “in the pipeline,” including long-term staged development projects; and (2) redevelopment and revitalization projects, which are necessary for Smart Growth. A panel of MACo and county representatives raised their concerns at a January 15 forum hosted by the Task Force on the Future of Growth and Development in Maryland. See prior Conduit Street posting.
MDE claims that guidance documents it is preparing will give local governments and the development community the flexibility needed to ensure that grandfathering and redevelopment concerns can be addressed. MACo remains concerned that the guidance documents, which do not have the force of law and cannot override the provisions of the regulations, may not fully address these valid county concerns.
Recently Center Maryland has published a series of op-ed responses from the environmental and development community:
Viewpoint of South River Federation (February 11)
Viewpoint of Chesapeake Bay Foundation (February 12)
Viewpoint of Maryland State Builders Association (February 17)
And the opinion section of the Baltimore Sun has also included views on the matter, including one from Baltimore County Executive Jim Smith.
UPDATE 2010-02-22: A February 18 Baltimore Sun article on HB 1125.
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Posted by Les Knapp
Stormwater Management regulations draw attention, criticism
February 18, 2010Proposed regulations by the Maryland Department of the Environment continue to be a hot policy issue in Annapolis. Legislation has been introduced to delay and curtail the proposed regulations, even while the Department is “on notice” from legislative leaders to pursue a compromise with the affected communities. MACo has been among several interested parties raising concerns with the regulatory effect on “downtown” redevelopment projects, and the potential for interference with multi-step projects already underway but planned to conform to regulations in current law, rather than the proposed higher standard.
From MACo’s previous coverage of this issue:
(At a January 26 briefing) Committee Chairman Maggie McIntosh … gave MDE four weeks to complete its guidance documents. She warned that if the guidance did not show adequate flexibility, “you will have bills.”
HB 1125, sponsored by Delegate Holmes, has been introduced and set for a public hearing on March 5 in the House Environmental Matters Committee.
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Posted by Michael Sanderson
MACo Seeks Amendment to MDE Minority Business Enterprise Bill
February 4, 2010Maryland Association of Counties (MACo) Associate Director Les Knapp proposed amendments to HB 68 at the bill’s February 3 hearing before the House Environmental Matters Committee. HB 68 is sponsored by the Maryland Department of the Environment (MDE) and would require all grant recipients who receive $500,000 or more from the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund for stormwater management or stream and wetland restoration projects demonstrate to MDE that they have taken certain steps to include small businesses, minority business enterprises (MBEs), and women-owned business enterprises (WBEs).
MDE testified that the bill codified existing practice and was necessary to access federal funds. Mr. Knapp responded that MACo had no issue with the proposed steps, but that MDE should have to consider the availability and geographic proximity to the grantee of small businesses, MBEs, and WBEs capable of completing all or part of the project.
Committee Chair Maggie McIntosh agreed to the amendment and asked MDE and MACo to work out exact language.
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Posted by Les Knapp
Environmental Matters Committee Hears Stormwater Regulations Update
January 29, 2010The House Environmental Matters Committee heard an update on January 26 on the issues surrounding stormwater regulations that will take effect on May 4. Maryland Department of the Environment (MDE) Deputy Secretary Bob Summers defended the regulations against concerns that the regulations would make redevelopment projects too expensive and work against Smart Growth principles. He stated that forthcoming guidance from MDE would provide the flexibility needed to address revitalization and project grandfathering concerns.
Task Force on the Future of Growth and Development in Maryland Chair Jon Laria summarized the presentations made at the Growth Task Force’s January 15 Stormwater Management Forum, stating “We need a vigorous, committed, and monitored process on what effect these regulations will have on Smart Growth.” He noted that the regulations provide for flexibility, but that it was hard to evaluate in the abstract.
Committee Chairman Maggie McIntosh concurred and gave MDE four weeks to complete its guidance documents. She warned that if the guidance did not show adequate flexibility, “you will have bills.”
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Posted by Les Knapp
Terrapin Run case heading to trial in Allegany County
December 19, 2009The Cumberland News-Times reports that “[t]he civil court case filed by Allegany County government and a private developer against two state agencies over a planned major subdivision near Green Ridge State Forest is headed to trial.”
Excerpt from local coverage:
The property at issue is a 935-acre parcel in eastern Allegany County where Terrapin Run LLC, an affiliate of Columbia-based PDC Inc., planned to build up to 360 housing units within 10 years and up to about 900 units in 20 years. The two parties are seeking $16 million in damages. The full build-out calls for about 4,300 units.
The arguments center around MDE’s refusal to approve portions of the county’s water and sewer plan amendment, which noted a new discharge to a “high quality Tier II watershed … from a proposed sewage treatment facility to be located in the Terrapin Run watershed.”
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Posted by Michael Sanderson
