Vol. 29, No. 6 ● August 19, 2021
In This Issue:
Corps' MDSPGP-5 Authorization Expiring For Most Maryland Projects on September 30
Chesapeake Bay Preservation Act Regulations Amended to Address Climate Change and Tree Protection
VMRC Tidal Wetland Guidelines Finalized
Public Comment Period Ahead of WOTUS Rulemaking
Get Your Instream Work Done - Use III Waterway Time of Year Restriction Approaching in Maryland
Save the Date: Sept. 14-16, 2021 for MAC-IECA 28th Annual Conference and Expo
Corps' MDSPGP-5 Authorization Expiring For Most Maryland Projects on September 30
The Maryland State Programmatic General Permit-5, or MDSPGP-5, which is used by the U.S. Army Corps of Engineers to authorize most wetland and stream impacts in Maryland, is set to expire on September 30, 2021. While the permit will be replaced with the MDSPGP-6, projects currently authorized under the MDSPGP-5 are not automatically re-authorized by the MDSPGP-6, even if the project qualifies for authorization under the MDSPGP-6.
Chesapeake Bay Preservation Act Regulations Amended to Address Climate Change and Tree Protection
WSSI has been involved in Virginia’s updates to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830), as the climate change and tree protection-focused amendments have significant land use implications. The Virginia State Water Control Board adopted the changes on June 29, 2021; we anticipate the state will publish the new regulations in the Virginia Register soon, and they will be in effect 30 days thereafter. Our synopsis of the changes at the state-level is below. Local implementation will vary; we will provide updates in future editions of Field Notes.
VMRC Tidal Wetland Guidelines Finalized
On May 25, 2021, the Virginia Marine Resources Commission (VMRC) unanimously adopted revisions to their Tidal Wetland Guidelines. The new guidelines were a critical step in implementing the mandates of the 2020 Virginia General Assembly’s Senate Bill 776, which strengthened VMRC’s goal to protect sensitive shorelines and wetlands by amending the language regulating Virginia’s tidal wetlands (Chapter 13, Title 28.2 of the Code of Virginia). WSSI has reviewed the adopted Guidelines, which follow the draft guidelines issued by VMRC earlier this year.
Public Comment Period Ahead of WOTUS Rulemaking
On July 30, 2021, the U.S. EPA and the U.S. Army Corps of Engineers announced their intention to gather stakeholder input ahead of a rulemaking process to define Waters of the U.S. The agencies are soliciting public comment via submission of written comments through September 3, 2021, and hosting public meetings in August. The agencies are planning to take on two rulemakings, the first being development of “a foundational rule to restore longstanding protections, and a second rulemaking process that builds on that regulatory foundation.
Get Your Instream Work Done - Use III Waterway Time of Year Restriction Approaching in Maryland
The Maryland instream work time-of-year restriction (TOYR) for Use III waterways – nontidal cold waters - is rapidly approaching (check your state wetland permit to identify the use classification of any streams on your site). Beginning October 1 and ending on April 30, this TOYR prohibits instream work such as road construction, utility line and stream diversion installation, and stream restoration activities. Avoid both costly schedule delays and violations; WSSI can help.
Save the Date: Sept. 14-16, 2021
MAC-IECA 28th Annual Conference and Expo
WSSI is proud to be this year’s lead sponsor for the annual conference of the Mid-Atlantic Chapter of the International Erosion Control Association to be held September 14-16 at the Hilton Washington Dulles Airport Hotel in northern Virginia. Join us for WSSI speakers, a field trip to nearby NVSRB expo hall to catch up on the latest in erosion control and stormwater management products, and networking opportunities for industry professionals, as well as opportunities to earn professional development credits.
