On March 3, 2026, the Maryland Department of the Environment (MDE) released a draft of a new guidance document titled “Public Participation: A Guide for Applicants Seeking Environmental Permits” (the Guide). The Guide is intended to increase transparency and understanding of the public engagement process for facilities, the public, and community groups during the environmental permitting process. The Guide also provides some additional insight to the environmental justice area designations and when expanded public participation may be required by an Applicant. The Guide is not intended to add or modify legal requirements. MDE is requesting feedback on the Guide by April 3, 2026.
Purpose of the Guide
The following summarizes the public participation process for all relevant environmental permits issued by MDE as required by Maryland regulations, including the environmental justice process:
- Pre-Application Engagement*
- Applicant Submits Application to MDE**
- Informational Meeting Stage*
- Tentative Determination Delivered***
- Public Hearing Stage**
- Public Comment Period**
- Response to Adverse Comments (If Applicable)***
- Final Determination Delivered*
* Opportunities for Applicants to present information about the project to the public.
** Opportunities for the public to comment on the proposed project.
*** Opportunities for MDE to present information about the project to the public.
The Guide is intended to help Applicants and facilities understand how existing laws and regulations related to public participation should be implemented in practice during the steps outlined above. The Guide also provides recommendations on how to enhance the Applicant’s communication with the public and improve methods for the public to participate in the process.
Environmental Justice
MDEnviroScreen, an environmental justice screening tool, analyzes factors such as pollution exposure, proximity to industrial facilities, and socioeconomic conditions to generate an environmental justice score that helps identify communities that may be experiencing higher environmental risks. The EJ score runs on a scale from 0-100, with 100 having the highest concern. While not all permit applications require utilization of the tool, the Guide recommends Applicants utilize it to evaluate the EJ score in their area. The EJ score drives certain required elements of public participation during the permitting process.
Although MDE indicates there are no changes to existing requirements related to expanded public participation, the language in the Guide appears to suggest that a project in an area (i.e., census tract) with at least five of 22 indicators ranked in the 75th percentile or higher are subject to a community outreach process. Current practice is that this community outreach process is required in areas with an overall EJ score of 75 or higher. With this possible change, more project areas will be required to conduct community outreach and be subjected to longer permitting timelines.
Outreach Recommendations
The Guide provides the following recommendations to promote community understanding and engagement during the permitting process and assist the Applicant with how to inform the community about a project.
- Pre-Application Engagement and Community Outreach: For projects with environmental justice concerns, Applicants should conduct community outreach before the public review process begins, demonstrate that the communication has occurred, and allow 60 days for the community to respond. After 60 days, MDE may proceed with the public review process.
- Public Review Requirements and Notice: The Guide includes a checklist for public notices that are required throughout the permitting process. Maryland regulations require the public notice to include certain information that allow the public and interested parties to prepare, attend, and contribute meaningfully to the process. The Guide recommends that Applicants should also inform the public near the proposed permitted activities of the project outside of the public notice. Applicants should consider all age groups, faith and culturally based institutions, and non-English speaking communities during the outreach process with the public. Means for connecting with the public can include, but are not limited to, using local youth and community centers, public schools, senior centers, faith-based organizations, public libraries, charities and recreation centers. The Guide recommends Applicants use newspaper articles, e-mail, social media, text messages, and in-person events (i.e., tabling outside a community center) to engage with the public.
Informational Meeting: Informational meetings are an opportunity for the public and the Applicant to engage in a dialogue in an informal setting about the project. Even if an informational meeting is not required during the permitting process (it has to be requested), the Guide notes how MDE still strongly encourages meeting with the public before submitting an application and through the permitting process. - Public Hearing and Tentative Determination: The public has an opportunity to request a public hearing after MDE prepares its Tentative Determination. MDE may also schedule a public hearing if they decide one is required. A public hearing is a presentation of the tentative determination by MDE. MDE is required to respond to all comments received, either written or oral, once the public hearing and public comment period is completed. The Guide provides some recommendations to allow the public participation process to be more accessible during the public hearing, including, but not limited to the following:
- The hearing location should be at a location in the political subdivision and in close proximity to the location where the permit site is located (i.e., schools, libraries, or community centers).
- The Applicant should consider the inclusion of a virtual component.
- The Applicant should ensure that all flyers, infographics, and other printed materials are provided in both English and non-English options.
- The Applicant should notify the public that an interpreter is present and which specific languages will be provided.
Conclusion
Overall, the Guide aims to increase productive public engagement in the Maryland environmental permitting process, including specific methods that Applicants can use to inform and engage the public. After reviewing the document, comments on the Guide can be submitted to MDE via email at [email protected] by April 3, 2026.
Please contact Trinity’s Maryland office 240.379.7490 if you would like to discuss the Guide, impacts the Guide may have when you prepare for and initiate the environmental permitting process for your next project, or if you would like assistance with submitting comments on the Guide to MDE.
