Best Water Law Lawyers in Maryland

About Water Law in Maryland, United States

Water law in Maryland governs the use, management, and protection of water resources throughout the state. Maryland's water resources include rivers, streams, lakes, groundwater, and the Chesapeake Bay. There are both federal and state regulations in place, but Maryland has its own set of statutes, case law, and administrative rules that address the rights and obligations of individuals, businesses, and governmental bodies with regard to water use. Whether you are dealing with water quality, water rights, permitting, pollution, or environmental concerns, understanding Maryland's unique water law landscape is key to making informed decisions.

Why You May Need a Lawyer

There are many situations where a person or business may require legal help in the field of water law in Maryland. Some common scenarios include:

• Disputes over water rights for agricultural, commercial, or residential use
• Issues relating to groundwater or wells, such as contamination or overuse
• Problems regarding stormwater runoff and its management
• Samplings or alleged violations of water quality regulations, including pollutant discharge into lakes, rivers, or the Chesapeake Bay
• Permitting and regulatory compliance for businesses, developers, or farmers
• Enforcement actions by the Maryland Department of the Environment or local authorities
• Buying or selling property with water access, submerged lands, or concerns about flooding
• Environmental impact assessments involving water usage or alterations to bodies of water

Water law can be complex, and having a knowledgeable lawyer can help protect your rights, navigate the permitting and regulatory process, and avoid costly mistakes.

Local Laws Overview

Maryland follows a combination of riparian and regulated riparian doctrines. This means landowners whose property directly borders water bodies generally have the right to make "reasonable use" of the water, provided it does not harm other users. Key federal statutes, such as the Clean Water Act and the Safe Drinking Water Act, overlay state laws and assign responsibilities for water protection and pollution control.

Maryland's main water-related laws are administered by the Maryland Department of the Environment (MDE). The MDE handles permits for surface water and groundwater withdrawals, stormwater management, wetland protections, and the regulation of pollutant discharge. Property owners must comply with state water appropriation and use permits to legally withdraw, divert, or use significant quantities of water.

Local zoning and county regulations also affect water use, especially regarding stormwater and floodplain management. Additionally, special protections exist for the Chesapeake Bay watershed, tidal wetlands, and areas subject to flooding. Violations of water laws can result in fines, required remediation, and litigation.

Frequently Asked Questions

What is riparian water rights law in Maryland?

Riparian water rights refer to the legal rights of landowners whose property borders a body of surface water, such as a river or lake. In Maryland, these landowners can use the water reasonably, but not in a way that injures other riparian owners or the public.

Do I need a permit to use water from a stream on my property?

Most uses beyond normal domestic purposes require a permit from the Maryland Department of the Environment. This includes irrigation, commercial use, and large withdrawals.

What types of permits does Maryland require for water usage?

Key permits include Water Appropriation and Use Permits (for groundwater and surface water withdrawals), NPDES permits for discharging wastewater or stormwater, and approvals for altering wetlands or watercourses.

How are groundwater rights governed in Maryland?

Groundwater is regulated by the state. A permit is generally required for any non-domestic or significant groundwater use. Overuse, contamination, and well construction standards are actively managed by the state.

What is the Chesapeake Bay Critical Area?

The Chesapeake Bay Critical Area encompasses land within 1000 feet of tidal influence around the Bay and its tributaries. There are special development and environmental regulations to protect this sensitive area.

Who enforces water pollution laws in Maryland?

The Maryland Department of the Environment enforces both federal and state water pollution laws. Local authorities may also have enforcement responsibilities depending on the location and issue.

What happens if I am accused of violating water quality laws?

Violations can result in fines, mandatory cleanup actions, permit revocation, and legal proceedings. It is strongly recommended to consult an attorney if accused of a violation.

How does stormwater management affect property development?

Developers must create plans to manage stormwater runoff to prevent flooding, erosion, and pollution. State and county regulations require permit approval and compliance before, during, and after construction.

Can I alter a wetland on my property?

Alterations to wetlands or streams typically require both state and federal permits. Unauthorized activities can result in significant fines and restoration orders.

Are there specific laws for agricultural water use in Maryland?

Yes, agricultural water uses generally require a Water Appropriation and Use Permit, and farmers must comply with nutrient management and water conservation requirements, especially in areas affecting the Chesapeake Bay.

Additional Resources

If you need further information or assistance, the following resources and organizations can be helpful:

• Maryland Department of the Environment - regulates water quality, permits, and enforcement
• Maryland Office of the Attorney General - provides legal information on environmental and water law matters
• County Environmental Health Departments - offer local guidance on wells, stormwater, and septic issues
• Maryland Environmental Service - supports water infrastructure and compliance projects
• United States Environmental Protection Agency Region 3 - federal regulation and guidance for Maryland
• Local land use and planning offices - guidance for development, floodplain, and critical area compliance
• Maryland Environmental Law Clinic - offers legal support for qualifying individuals and groups in water-related matters

Next Steps

If you believe you need legal assistance with a water law matter in Maryland, consider the following steps:

• Gather all relevant documents, including deeds, permits, notices, and correspondence
• Make a written summary of your situation, including dates, parties involved, and actions taken
• Identify the specific legal issue - for example, a permit dispute, alleged violation, or water rights question
• Locate a Maryland attorney with experience in water law or environmental law
• Schedule a consultation to discuss your case, legal options, and the potential outcomes
• Follow legal advice and maintain open communication with your attorney throughout the process

Taking early action can help protect your rights, minimize risks, and ensure compliance with Maryland's complex water laws.