#waterlaw

More on Scare Guns and the Right-to-Farm Law

Maryland Circuit Court Judge Reverses Final Maryland AFO Permit

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Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Sarah Everhart

Apr 22, 2016
2 min

Weekly News Update: April 22nd Edition

By Sarah Everhart Delaware Peach Crop In Peril After Killer Frost. If you happen to find a Delaware-picked peach late this summer, treasure every bite. An early April frost at just the wrong time ravaged peach tree groves around the state, and farmers are just now seeing how many of their blossoms will go to waste. “Orchards with peaches are reporting 40 percent to 50 percent damage,” said Ed Kee, secretary of the Department of Agriculture. “There will certainly be fewer D

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How and When Can Surface Water Drainage Become a Trespass

Sarah Everhart

Apr 20, 2016
2 min

How and When Can Surface Water Drainage Become a Trespass

By Sarah Everhart and Ashley Ellixson In Maryland, the general rule for liability related to surface water runoff is referred to as the civil rule which states the higher elevation land owner has the right to have his or her surface water flow naturally over the lands of a lower elevation landowner and the lower elevation owner has no right to prevent the flow. This means that lower elevation landowners cannot install berms or other features to prevent the natural flow of wa

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College Park faculty join CONSERVE, with $10M award from USDA to facilitate water reuse solutions

Paul Goeringer

Mar 31, 2016
3 min

College Park faculty join CONSERVE, with $10M award from USDA to facilitate water reuse solutions

By Ashley Ellixson and Paul Goeringer This press release can also be found on the AREC website. College Park, MD – Specialists in the field of agricultural law and water from the Department of Agricultural and Resource Economics (AREC) in the College of Agriculture and Natural Resources will play key roles in a new multidisciplinary effort to develop innovative, safe and sustainable ways to irrigate food crops in variable climates. The “CONSERVE” Center of Excellence, establi

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Sarah Everhart

Jan 19, 2016
2 min

House Votes To Void WOTUS Rule

By Sarah Everhart On January 13, 2016 the U.S. House of Representatives voted 253-166 to approve (S.J. Res. 22) a joint Congressional “resolution of disapproval” for the Waters of the United States (WOTUS) Rule. Under the Congressional Review Act, the House and Senate can pass a resolution of disapproval to stop regulations they feel overstepped the agency’s authority. The Resolution vacates the WOTUS rule published on June 29, 2015, by the Environmental Protection Agency (

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Weekly News Roundup: December 4th Edition

msuri1

Dec 4, 2015
3 min

Weekly News Roundup: December 4th Edition

By Mayhah Suri Lower Shore Pot Industry Begins To Take Shape Nearly two dozen companies are bidding to open medical marijuana dispensaries on Maryland’s Lower and Mid-Shore, state officials say. But only up to four will get the chance since state regulations limit the number of standalone storefronts to two for each of the state’s 47 Senate districts. The number of dispensaries could be higher than four because licensed growers may hold a dispensary license as well. To rea

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Washington Dairies Enter Into Consent Agreements

Admin

Jun 3, 2015
3 min

Washington Dairies Enter Into Consent Agreements

By Ashley Ellixson Originally published in the May 26th Edition of the Delmarva Farmer. On May 11, 2015, George DeRuyter & Son Dairy, LLC; Henry Bosma Dairy; and Cow Palace Dairy, LLC entered into consent agreements with a number of environmental groups in order to continue operating as long as the conditions outlined in the agreements are met. These consent agreements are a result of a Federal district court decision in Washington state finding that manure from dairy farms c

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United States Army Corps of Engineers § 404 Permit

Admin

Jul 16, 2014
2 min

United States Army Corps of Engineers § 404 Permit

By Ashley Ellixson Today I will be continuing the discussion on water permits. Another important wetlands permit is the United States Army Corps of Engineers Section 404 Permit. Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged or fill material into waters, including wetlands such as those found in Maryland. Activities that are regulated under the program, that require a permit, include fill for development, water resource projec

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What If I Live Near Water Where the Tide Rises and Falls? The Tidal Wetlands Permit

Admin

Jun 16, 2014
2 min

What If I Live Near Water Where the Tide Rises and Falls? The Tidal Wetlands Permit

By Ashley Ellixson If your farm is located in an area near the Chesapeake Bay, the tidal tributaries to the Chesapeake Bay, or the 3-mile area seaward of the low water mark of Maryland’s Atlantic coast, you may be a candidate required to obtain a Tidal Wetlands License or Permit. In short, if the tide rises and falls near the area you plan to conduct activities or a project you will likely have to apply for a permit or license. An application for a permit or license is requ

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Further Discussion on Water Permits In Maryland: The Well Construction Permit

Admin

Jun 12, 2014
2 min

Further Discussion on Water Permits In Maryland: The Well Construction Permit

By Ashley Ellixson As you can see, I am creating a theme of blog posts focusing on water permits and the details you need to know in order to be in compliance for the water use you may be seeking or are already partaking in. Continuing our discussion about the water appropriation and use permit, I have outlined a few other permits that I will post over the next few days that may be required in conjunction with other water permits. For example, if you are looking to irrigate

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Do I Need a Permit to Irrigate My Farm? Understanding The Water Appropriation and Use Permit

Admin

Jun 10, 2014
2 min

Do I Need a Permit to Irrigate My Farm? Understanding The Water Appropriation and Use Permit

By Ashley Ellixson Agricultural water use in Maryland has been expanding over the past few years with most of this growth occurring on the Eastern Shore. Maryland’s Eastern Shore is the most concentrated grain and poultry region in the state. Due to this concentration, the water and appropriation permit (allowing for irrigation) is critical to understand in order to ensure crops’ and animals’ sustainability in the agriculture market. Who Needs a Permit? If you plan to withd

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Animal Feeding Operation’s and the Clean Water Act Permit System in Maryland

Admin

Jun 5, 2014
3 min

Animal Feeding Operation’s and the Clean Water Act Permit System in Maryland

By Ashley Ellixson When it comes to housing a large amount of livestock, or poultry and the like, in a confined area, it is no big surprise that there will be a dilemma with getting rid of manure and other waste produced by the animals. In order to clean our waterways and going forward prevent pollution to our waterways created by animal waste, the Environmental Protection Agency (EPA) created what we now know as the Clean Water Act (CWA) in 1972. Up until 1976, animal feed

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