Controversy Arises Among Experts and Officials Regarding Maryland's New Stormwater Regulation
In an effort to combat the growing threat of runoff pollution to the Chesapeake Bay, the Maryland State Highway Administration (SHA) has received a new stormwater permit. The permit, issued every five years by the Maryland Department of the Environment (MDE), covers nearly 15,000 lane miles and roughly 2,600 bridges under the SHA's purview.
The new permit requires curbing polluted runoff from Maryland's road network. It includes new requirements for managing stormwater discharges from separate sewer systems. The SHA has also pledged to submit two planning reports to the MDE: one evaluating previously completed projects and another projecting future implementation.
However, critics remain unconvinced of the open-ended approach and call for stronger numerical thresholds and enforcement in the permit. They argue that incremental gains are no longer sufficient, especially in light of historical underserved neighborhoods bearing the brunt of infrastructure challenges related to climate change.
Environmentalists point to permits in western Washington and San Diego as examples of more stringent regulations. These permits include annual documentation, dedicated stormwater monitoring, and formal performance tracking, which are not included in Maryland's version. San Diego, for instance, has mandated outfall discharge monitoring, a measure that is absent in Maryland's permit.
The SHA defends its approach by pointing to its continued funding of the Chesapeake Bay Trust's Pooled Monitoring Program. The agency has also restored a total of 6,480 equivalent impervious acres for climate resilience. Furthermore, the MDE has committed $216 million to stormwater restoration and leveraging both state and federal dollars for the first time.
The MDE has taken over the authorization role for the MS4 permit after the previous permit expired in 2023. The permit does not include dedicated sections on climate adaptation or rainfall-adjusted design standards, a point of contention for some. The permit also lowers the goal for treating runoff pollution by requiring action on 15 percent of hard, impervious surfaces.
In a notable weather event, Maryland received 7.81 inches of rainfall in May 2025, the most in May in the past 131 years. This underscores the importance of effective stormwater management, a challenge that the new permit aims to address.
The permit's accountability and transparency provisions were found to be weaker compared to permits in western Washington and San Diego. The agency is, however, required to evaluate and report on stormwater project opportunities in overburdened communities, a step towards addressing historical disparities in infrastructure investment.
As the debate continues, it is clear that the new MS4 permit represents a step forward in Maryland's efforts to manage stormwater discharges and protect the Chesapeake Bay. Whether it is enough to satisfy critics and ensure effective long-term management remains to be seen.
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