Maryland — A newly issued stormwater permit for state roads in Maryland has sparked criticism from environmental groups, who argue that the new rules fail to adequately address polluted runoff entering the Chesapeake Bay. Advocates say the permit represents a “critical missed opportunity” to improve water quality and manage stormwater in communities most burdened by pollution.
New Permit Reduces Required Runoff Control Acreage
The Maryland Department of the Environment (MDE) issued the five-year permit Friday to the State Highway Administration (SHA). It mandates runoff control on more than 4,000 acres of state highway property, supported by $216 million in combined federal and state funding.
“This permit strengthens our ability to protect the Chesapeake Bay and the businesses and communities that rely on it, manage stormwater in overburdened areas, and make our state an even more desirable place to live,”
— Maryland Environment Secretary Serena McIlwain, in a statement.
However, environmental advocates, including the Chesapeake Bay Foundation and Maryland League of Conservation Voters, said the new permit targets less acreage than the previous five-year permit and largely allows SHA to choose the methods for runoff control.
“We wanted [MDE] to put a cap on … the things that are of lesser value, and a bare minimum on the important things — and they just didn’t do that,”
— Evan Isaacson, senior attorney, Chesapeake Legal Alliance.
Disagreement Over Runoff Control Methods
Advocates had hoped the permit would require more effective measures, such as tree plantings or stormwater ponds, which trap water before it reaches natural waterways. Instead, SHA can also comply through street sweeping, stream restoration, and pollution credits, methods that critics argue are less effective in reducing harmful nutrients. Some stream restoration projects, for example, have raised questions about their ability to curtail erosion reliably.
“If you plant a tree, eventually it’s going to be there for decades, as opposed to if you sweep the street, you’ve got to come do it again next week,”
— Matt Stegman, staff attorney, Chesapeake Bay Foundation.
SHA spokesperson Shanteé Felix said the agency will “utilize a balanced approach of MDE approved strategies that are feasible within the current budget to meet the requirements of the permit.”
Environmental Justice and Funding Provisions
Despite criticisms, the permit includes some positive measures, such as:
- Required reporting on environmental restoration in communities with environmental justice concerns.
- Expanded collaboration with scientists and experts to improve data collection.
- $2.5 million in new funding for flood risk studies.
The new permit also increased the percentage of SHA land under runoff control from the 11% in the draft version to 15%, which is less than the previous permit’s 20% goal, but an improvement over the draft.
Environmental Advocates Remain Concerned
Evan Isaacson and other advocates emphasized that stormwater runoff remains one of the most challenging sources of pollution affecting the Chesapeake Bay. Computer modeling from the Chesapeake Bay Program indicates that pollution from developed lands, largely from stormwater, has increased since 1985, even as other sources have improved.
“That status quo has been random acts of restoration. That’s the status quo that we seek to change,”
— Evan Isaacson, Chesapeake Legal Alliance.
Future Legal Challenges and Bay Restoration Efforts
Stormwater permits in Maryland have been subject to legal challenges, and it is unclear if this new SHA permit will face similar litigation. The permit comes as Chesapeake Bay states revise their cleanup goals, with deadlines set for five, 10, and 15 years to address pollution more effectively. Public comments on the plan are being accepted through September 1.
Environmental advocates warn that unless state officials implement the most effective strategies, even strong commitments on paper may fail to produce the needed reductions in nutrient and sediment runoff.
What are your thoughts on Maryland’s new stormwater permit and its impact on Chesapeake Bay restoration? Share your thoughts in the comments.
