The U. S. Army Corps of Engineers (USACE) – Baltimore District is currently accepting comments on the next iteration of the Maryland State Programmatic General Permit (MDSPGP), a mechanism for authorizing and obtaining compensation for impacts to wetlands and other jurisdictional non-tidal waters in Maryland. The newest version, MDSPGP-7, is slated to go into effect when MDSPGP-6 expires on September 30, 2026. Wetland Studies and Solutions, Inc. is tracking the process and will keep you updated with future Field Notes articles. Comments should be submitted to the USACE by January 30.
What’s New in the Draft MDSPGP-7?
There are several notable proposed changes and updates from the current General Permit.
- Category A thresholds for stream loss now have acreage limit in addition to the linear foot limit.; Therefore, stream impacts, in order to qualify for a Category A, cannot exceed 0.03 acre (1,307 square feet) or 200 linear feet. This change means wider streams will more quickly exceed the limit than their narrow counterparts.
- A riparian buffer of not less than 35 feet on each side of a stream may be required for compensatory mitigation. The USACE may also waive or reduce wetland mitigation requirements in favor of improving riparian buffers on a case-by-case basis.
- The Corps may waive limits for certain activities such general maintenance of existing structures, ditches, and boat ramps as long as any the activities cause “no more than minimal adverse environmental effects.”
- The proposed MDSPGP-7 provides a clearer path for reauthorization of incomplete projects authorized under MDSPGP-6 Category A.
- The draft language aims to align the MDSPGP with the thresholds in the Corps’ Nationwide Permits. For example, projects with less than 0.25 acre of proposed impact will not require federal and state agency coordination.
To see all the changes, take a look at the draft language available on the Corps website.
What Do Permittees Need To Know?
- An accurate determination and survey of streambanks and their ordinary high water marks (as opposed to a centerline) will become more important when determining project impacts. This is consistent WSSI standard wetland and stream delineation protocol.
WSSI staff measuring width during a stream assessment. This is an example of a project where proposed impacts would jump from Category A to Category B.
- A project with impacts proposed for streams wider than ~6.5 feet is more likely than before to need a Category B permit (and thereby require a Corps review), due to the increased likelihood of exceeding the stream impact threshold now that it is calculated in acreage. (1,307 square feet of proposed area divided by the previous 200 linear foot threshold equals 6.535 feet).
- More projects will require stream mitigation, especially if the project impacts streams greater than ~6.5 feet in width. Mitigation typically consists of stream restoration, buffer restoration, or the purchase of credits from a mitigation bank. Maryland mitigation banks are in short supply, so avoiding and minimizing permanent impacts to streams will be even more important than under the MDSPGP-6.
- Any currently authorized Category A impacts that cannot be completed within 12 months of the MDSPGP-6 expiration do not need to seek written re-authorization from the Corps if they still meet the terms of MDSPGP-7. Provided the impacts meet all of the requirements under a Category A MDSPGP-7, the impacts are automatically re-authorized.
Interested In Making a Public Comment?
The USACE will consider comments received on or before January 30, 2025, and may issue further guidance this year. Written comments should reference the U.S. Army Corps of Engineers file number NAB-2024-00009. Requests must be made in writing by email to [email protected] or by mail to:
April E. Sparkman
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
2 Hopkins Plaza
Baltimore, MD 21201
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