Key Takeaways
- Maryland requires disclosure of known environmental hazards affecting property condition
- The Maryland Department of the Environment (MDE) regulates environmental matters
- Chesapeake Bay Critical Area Law affects development near tidal waters
- Maryland has specific requirements for lead paint disclosure and testing
- Flood zone disclosure may be required by lenders though Maryland has no separate state mandate
Environmental Issues in Maryland Real Estate
Environmental concerns can significantly affect property value and transaction requirements.
Environmental Disclosure
Licensee Disclosure Requirements
Maryland licensees must disclose known environmental hazards that:
- Affect the property's physical condition
- Are adverse material facts
- Could not be discovered by reasonable inspection
Common Environmental Concerns
| Issue | Description |
|---|---|
| Lead-Based Paint | Federal disclosure required (pre-1978) |
| Asbestos | Common in older buildings |
| Underground Storage Tanks | Must disclose if known |
| Radon | Testing recommended |
| Wetlands | Protected areas limiting development |
| Flood Zones | May affect insurance and financing |
Maryland Department of the Environment (MDE)
The Maryland Department of the Environment regulates environmental matters:
MDE Authority
| Area | Regulation |
|---|---|
| Air Quality | Permits for emissions |
| Water Quality | Discharge permits |
| Land Protection | Hazardous waste management |
| Solid Waste | Landfills and disposal |
| Lead Paint | Certification and remediation |
Chesapeake Bay Critical Area Law
The Chesapeake Bay Critical Area Law affects development near tidal waters:
Key Provisions
| Feature | Requirement |
|---|---|
| Applicability | Within 1,000 feet of tidal waters |
| Buffer Areas | Development restrictions near shoreline |
| Habitat Protection | Limits on clearing and building |
| Local Programs | Counties implement critical area programs |
Impact: Properties in Critical Areas may have significant development restrictions.
Lead Paint in Maryland
Maryland has enhanced requirements for lead paint beyond federal law:
Maryland Lead Paint Disclosure
| Requirement | Detail |
|---|---|
| Federal Disclosure | Required for pre-1978 homes |
| Maryland Registration | Rental properties must be registered |
| Inspection Requirements | May be required for certain transactions |
| Tenant Rights | Enhanced notification requirements |
Lead Risk Reduction Standards
Maryland's lead law requires:
- Rental property registration (pre-1978 homes)
- Risk reduction standards for rental properties
- Tenant notification of lead hazards
- Certified inspectors for lead testing
Wetlands and Water Resources
Wetlands Protection
Maryland wetlands are protected under:
- Federal Clean Water Act (Corps of Engineers permits)
- Maryland Nontidal Wetlands Protection Act
- Chesapeake Bay Critical Area Law (in designated areas)
Coastal Zone Management
Maryland's coastal areas have additional protections:
- Maryland Coastal Zone Management Program
- Coordination with federal agencies
- Development restrictions in sensitive areas
Flood Zones and Insurance
Flood Zone Disclosure
| Requirement | Status in Maryland |
|---|---|
| State-mandated disclosure | Not specifically required |
| Federal lender requirement | Required for federally-related loans |
| Standard practice | Often included in contracts |
Flood Insurance
- Required for properties in Special Flood Hazard Areas (SFHA)
- National Flood Insurance Program (NFIP)
- May significantly affect property affordability
Other Environmental Considerations
Radon
- Natural radioactive gas from soil
- No Maryland disclosure requirement but recommended
- Testing recommended, especially for basements
- Higher risk areas in western Maryland
Mold
- No specific Maryland regulations
- May be disclosed as property condition issue
- Can affect habitability
Lead-Based Paint (Federal Requirement)
For homes built before 1978:
- Provide EPA pamphlet
- Disclose known lead hazards
- Allow 10-day inspection period (can be waived)
- Use proper disclosure forms
Which Maryland law affects development within 1,000 feet of tidal waters?
Which agency regulates environmental matters in Maryland?
What additional lead paint requirement does Maryland have for rental properties?
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