The Maryland Department of the Environment lets municipal governments enforce their own stormwater regulations. Last year, the General Assembly passed tighter controls on stormwater, recognizing that it carries major pollution into the bay.
"The state of the art is far different today than it was even 10 years ago, and it's continually evolving," said Tom Ballentine, policy director of the Home Builders Association of Maryland. "Two-thirds of Maryland was built before modern stormwater techniques were applied at all."
Today, developers would not be allowed to pave over small and intermittent streams. But that's assuming the city or county knows where those streams are. In Carroll County, for example, floodplain management specialist Jason Stick said he knows of no buried streams. But he acknowledged that his maps are 30 years old and not accurate.
