Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater Remediation Fee, which could be substantial for owners of property with large amounts of impervious surfaces. In Northern Virginia, meanwhile, grantors of interests in real property will be required to pay an additional surcharge upon the recordation of deeds and other similar instruments.

Maryland’s “Rain Tax” -

Effective July 1, 2013, property owners in nine counties and one city in Maryland will be assessed a “Stormwater Remediation Fee” (dubbed derisively by some as a “rain tax”) as part of Maryland’s new Watershed Protection and Restoration Program (WPRP), signed into law in April 2012. The new law aims to provide revenue for, among other things, stormwater management and stream and wetland restoration projects intended to reduce the flow of phosphorus and nitrogen into the Chesapeake Bay. While the effect on residential property owners will be modest, owners of property with large amounts of impervious surfaces, such as parking lots or large rooftops, could face substantial fees under the new law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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