Stream restoration & the health of the Chesapeake are topics of steady interest both in Annapolis and statewide. During the 2024 legislative session, the General Assembly passed the Whole Watershed Act, which aims to encourage more coordination between environmental projects and positive actors. Here is an overview of what's in the bill awaiting the Governor's signature:
Watershed, Stream, and Floodplain Restoration - Chesapeake and Atlantic Coastal Bays Restoration and Stream and Floodplain Restoration Funding (Whole Watershed Act)
Establishes the Whole Watershed Restoration Partnership (WWRP) (page 34, line 15) – Establishes the Whole Watershed Restoration Partnership with the goal of accelerating restoration of the Chesapeake and Atlantic Coastal Bays by focusing on actions that are:
- Cost effective
- likely to demonstrate a rapid systemic response to restoration activity, including rapid de–listing of impaired streams
- Supported by the local government
Establishes a State Management Team for WWRP (page 34, line 24) - The DNR Secretary will establish a State Management Team to administer the WWRP. The State Management Team is made up of:
- One representative of Maryland Department of Natural Resources (DNR), chosen by the DNR Secretary (Chair)
- One representative of Maryland Department of Environment (MDE), chosen by the MDE Secretary
- One representative of Maryland Department of Agricultural (MDA), chosen by the MDA Secretary
- One representative from Dept of Planning, chosen by the Planning Secretary
- One representative from the Critical Area Commission, chosen by the CAC Chair
- The Chief Resiliency Officer or the CRO's designee
Issue WWRP Request for Proposal (page 35, line 20) - On or before October 1, 2024, the State Management Team will issue an RFP for projects that:
- Occur within a single Maryland 8-digit watershed. Maryland has 138 8-digit watersheds.
- Include a deployment strategy that includes the partners, component actions/projects, and benefits that the project will incorporate over the 5-year period;
- Provide at least five enumerated co-benefits from a list provided in the bill; and
- Are endorsed by each county and municipality where they will occur
The State Management Team may approve up to five RFP responses for support, and will evaluate proposals based on:
- Whether the project is located in a watershed where habitat restoration and pollution reduction will have measurable, rapid impacts (including, but not requiring, stream de-listing)
- Whether the project emphasizes impactful, cost-effective, and measurable amounts of pollution reduction
- Whether the project supports policies on the local level designed to sustain project outcomes beyond the life of the pilot
- Whether the project has documented interest from affected property owners to ensure projects are feasible.
- Whether the project minimizes the loss of trees and other natural habitats
- Whether the project includes actions to address environmental disparities in overburdened and underserved communities
- Whether the project provides opportunities to try innovative practices
- Whether the project provides opportunities for partnership between nonprofits, for-profits, community organizations, government at all levels, and scientists
Project Selection Criteria (page 37, line 17) - The bill does not determine which watershed will be selected for the WWRP. Instead, the State Management Team will attempt to ensure the selected RFPs meet the following criteria:
- One project in a predominantly urban area
- One project in a predominantly suburban area
- Two projects focused on reduction of agricultural pollution
- One project that incorporates collaborative efforts with a neighboring state
- At least two of the selected projects should be located in and benefitting an overburdened/underserved community.
The state management team can impose conditions on projects beyond what required in law or regulation if necessary to preserve the benefits of the project.
Establishes New Criteria for ALL Stream & Floodplain Restoration Projects (page 45, line 13) – Establishes new criteria for local governments which undertake stream and floodplain restoration projects, including:
- At 30% design completion, provide public notice to residences and businesses within 200ft of a project boundary;
- At 60% design completion, hold an in-person public meeting that includes options for virtual attendance;
- Within 24 hours of submitting an application to MDE for a project, the applicant must post on their website notice of the application, a copy of the application, and the date of submission.
- Provide at least 5 years of project monitoring.
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