Maryland Property Transfer regulations & environmental compliance analysis

Maryland Property Transfer: What you need to know

Governing Law and Regulations

Treatment, storage, and disposal facility (TSDF) closure plans: Code of Maryland Regulations (COMAR) 26.13.05.07

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Sanitary landfills: COMAR 26.04.07.09

Regulatory Agency

Maryland Department of the Environment (MDE) Land Management Administration

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Maryland does not have a property transfer law that requires MDE to certify the condition of property before a real estate transfer may take place.

However, the state does require hazardous waste TSDF and solid waste landfill owners and operators to place certain restrictions on their property deeds (COMAR 26.13.05.07). Maryland adopts the federal regulations for closure and post-closure of TSDFs, including the regulations for notice to local land authorities and certification of post-closure care.

A notation must be recorded on the property deed indicating that the land was used for hazardous waste activity and that the survey plat and records have been filed with the local zoning authority and secretary of MDE. Requests to remove the notation from the deed have to be made to the secretary of MDE. For further information, see the state section CLOSURE AND POST-CLOSURE PLANS.

Administration and enforcement. MDE's Land Management Administration administers and enforces the TSDF and solid waste landfill closure requirements.

State Requirements

SANITARY LANDFILLS

COMAR 26.04.07.09

The state requires that applicants submit proof that the site deed has been amended to stipulate, following closure of the operation, that construction or excavation on the site may not begin without ...


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Maryland Property Transfer Resources

Type Title
Forms Well Disclosure Certificate
See all Property Transfer Resources