Wetland Studies and Solutions, Inc.

On March 2, 2016, Mike Rolband testified before the Maryland House Environment and Transportation Committee in favor of House Bill (HB) 797. He also provided guidance to the Maryland Department of the Environment (MDE) on various technical aspects of the bill. This bill aims to improve the ecological performance of wetland mitigation and reduce the wetland permit review timeframe in Maryland by 50% – making them comparable to Virginia. The resulting bill has passed the General Assembly and was signed by the Governor on May 19, 2016. As noted in Field Notes Volume 23, No. 7, “When states lack viable in lieu fee (ILF) and mitigation banking programs, we see that their wetland permit processes take twice as long¹ compared to the states where those programs are functional.”

HB 797 is part of Governor Hogan and MDE Secretary Ben Grumbles’ strategy to improve environmental protection while stimulating economic growth by improving Maryland’s regulatory climate.

Currently, Maryland has only one commercially available wetland mitigation bank, as compared to Virginia which has approximately 153 active wetland and stream mitigation banks (and 45 completed/sold out banks). HB 797 removes several disincentives to the wetland and stream mitigation banking industry in Maryland, which should in turn stimulate its growth and development. As currently written, Maryland law requires: (1) compensation ratios that are 50% greater for individuals purchasing credits versus on-site mitigation, (2) that on-site mitigation options be examined before wetland mitigation banks are considered (opposite of federal regulations since 2008), and (3) that wetland mitigation banking be accomplished in and with preference to the same watershed and county where the wetland impact will occur (creating such a small level of demand – banks are not economically viable). HB 797 removes these requirements which effectively serve as insurmountable impediments for the creation of mitigation banks, and brings Maryland into compliance with federal mitigation regulations that were adopted in 2008.

WSSI is a pioneer in the wetland and stream mitigation banking industry – developing the first commercial mitigation bank in Virginia in 1994 (fourth in U.S.). WSSI has established a total of 6 mitigation banks (with multiple phases) throughout northern Virginia. Our banks include the first mitigation bank to provide stream credits in Virginia (approved 2001), and the first urban stream bank in Virginia (approved 2006; 45,000 linear feet of streams restored in Reston, Virginia to date).

How will this affect your projects?
Currently, wetland mitigation options are limited in Maryland as: (1) the state does not have an approved ILF program, and (2) there is no viable wetland and stream mitigation banking industry. As a result, most mitigation is a project specific design which takes time to design and approve – and is often more costly, risky, and less ecologically successful due to the resulting small size and location. By facilitating the development of viable mitigation banks, additional mitigation options will be available to applicants, which will reduce potential project delays and costs for the applicant.

Who do I contact for further information?
If you have a project that needs federal/state wetland permits, and/or wetland or stream mitigation, please contact Mike Klebasko, Dan Lucey, Ken Wallis, Scott Petrey, or Mike Rolband for more information.