Vol. 29, No. 8 ● October 28, 2021
MDSPGP-6: The Sixth Time’s a Charm
The Maryland State Programmatic General Permit-6 (MDSPGP-6) went into effect on October 1, 2021; replacing the MDSPGP-5. With the MDSPGP-6 issuance, the U.S. Army Corps of Engineers – Baltimore and Philadelphia Regulatory Branches – provided a summary table of “notable modifications” to clarify the differences between MDSPGP-5 and MDSPGP-6. The new permit contains two key updates (see below for details). Wetland Studies and Solutions, Inc. (WSSI) previously provided an overview for all the changes in our December 2020 Field Notes.
The full text of the MDSPGP-6 is available here and on the also on the Baltimore District’s website.
Implications of the Two Key Updates
Automatic Reauthorization
In a departure from previous years, the U.S. Army Corps of Engineers (Corps) is now allowing projects that were authorized under a Category A, MDSPGP-5 to be automatically re-authorized under a Category A, MDSPGP-6, provided the project meets the new terms and conditions for authorization under a Category A.
This provision had not been part of the 2020 Public Notice.
Temporary Impacts
The Corps is no longer counting temporary wetland and stream impacts toward the threshold limits for Category B permits. For a project with a large amount of temporary impacts, this change may allow your project to be authorized under the MDSPGP-6, rather than needing the more stringent and time consuming Individual Permit process.
Does my project need to be re-authorized under the MDSPGP-6?
As previously stated, projects that were authorized under a Category A, MDSPGP-5 are automatically re-authorized under a Category A, MDSPGP-6 provided your project meets all the terms and conditions for authorization under a Category A.
Projects authorized under MDSPGP-5’s Category B, where construction had commenced and/or projects that were under contract to commence construction prior to September 30, 2021, are automatically granted a one-year extension to allow time to complete the impacts. However, any jurisdictional impacts not completed by September 30, 2022 will require re-authorization under MDSPGP-6. Any Category B projects that were not under construction or under contract to begin construction by September 30 of this year must be re-authorized under MDSPGP-6 before impacts can be taken.
Forested wetland mitigation for impacts, Anne Arundel Co., Md.
WSSI Can Help
WSSI has been working with our clients to manage the MDSPGP changeover, and we continue to guide projects through the adjustments. WSSI can help you determine if your project qualifies for automatic re-authorization or if your project needs to be re-authorized under the MDSPGP-6. If you have questions regarding the proposed MDSPGP-6 and how it may affect your projects, please contact Mike Klebasko or Scott Petrey in our Maryland office.