Vol. 29, No. 6 ● August 19, 2021
Corps' MDSPGP-5 Authorization Expiring For Most Maryland Projects on September 30, 2021
The Maryland State Programmatic General Permit-5, or MDSPGP-5, which is used by the U.S. Army Corps of Engineers (Corps) 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.
What if my authorized work cannot be completed prior to the expiration of the MDSPGP-5?
The existing MDSPGP-5 will expire on September 30, 2021. If you have started construction or have the project under contract to begin construction prior to September 30, 2021, you are automatically granted a one-year extension until September 30, 2022 to allow time to complete the impacts. For impacts that cannot be completed by September 30, 2022, you will need to apply to the Corps for re-authorization.
For projects that do not meet one of the two conditions listed above, you are required to submit a new application to the Corps for re-authorization under the MDSPGP-6, which goes into effect on October 1, 2021.
How do I get my project re-authorized by the Corps?
Forested wetland mitigation for impacts, Anne Arundel Co., Md.
If your project needs to be re-authorized under the MDSPGP-6, a new application must be submitted to the Corps. Because the Corps will be inundated with requests to re-authorize projects under the MDSPGP-6, we recommend submitting a new application in September, even though the Corps will not begin processing the application until after October 1, 2021 when the MDSPGP-6 goes into effect. WSSI can assist you with this process.
How will this affect my projects?
The primary effects will be on:
Projects permitted, but not under construction by September 30, 2021, and
Projects that plan to start in the 4th quarter of 2021 or 1st quarter of 2022 because work cannot continue in jurisdictional areas until the project is re-authorized under the MDSPGP-5.
Who can I contact for more information?
Please contact Mike Klebasko or Scott Petrey in our Maryland office for more information.