Title 5. Water Resources — Subtitle 6. Maryland Geothermal Resources Act
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 5-601 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–601LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Construction” means any clearing, grading, excavation, building, or the commencement of any of these activities.
(c)
“Department” means the Department of the Environment.
(d)
“Exploratory activities” means any activity involving the drilling of test wells for geothermal resources.
(e)
(1)
“Geothermal resources” means the natural heat of the earth higher than 120 degrees Fahrenheit or 49 degrees centigrade, or the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, this natural heat, the natural or artificial medium containing that heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth.
(2)
“Geothermal resources” do not include oil, hydrocarbon gas, and other hydrocarbon substances.
(f)
“Person” includes corporations, companies, associations, firms, partnerships, joint stock companies, individuals, and government agencies.
(g)
“Well” means any excavation or other alteration of the earth’s surface or crust by means of which geothermal resources may be obtained.
Md. Code Ann., Envir. § 5-602 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–602LinkCopy Citation
(a)
Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole.
(b)
In exploring and developing geothermal resources, maximum possible consideration shall be afforded to:
(1)
Avoiding waste and unreasonable use of natural resources;
(2)
Protecting the environment; and
(3)
Optimizing the productive use of the resource.
Md. Code Ann., Envir. § 5-603 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–603LinkCopy Citation
(a)
The Department shall be responsible for the management and regulation of the geothermal resources in the State.
(b)
The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State.
(c)
The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing the State’s geothermal resources.
(d)
The Department may use any funds made available for the purpose of exploring, analyzing, developing, and using geothermal resources.
(e)
The Department may establish reasonable fees to cover the cost of processing permit applications.
(f)
The Department shall adopt regulations necessary to assure safe and efficient undertaking of any operation to bore, core, dig, or construct a well. These regulations may allow for reinjection if there is adequate determination that the reinjection would maintain the integrity of the supply.
(g)
The Department may adopt regulations necessary to implement this subtitle.
Md. Code Ann., Envir. § 5-604 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–604LinkCopy Citation
(a)
Every person is required to obtain a permit from the Department before conducting any geothermal resource exploratory activities. The applicant for this permit must have the legal right to use the surface. The permit is obtained upon written application to the Department.
(b)
The application shall state the intended location of exploration, give assurance of the applicant’s right to use the surface for exploration, provide an exploratory work program, and provide any information requested by the Department.
(c)
The Department may approve an application if the Department determines that:
(1)
The applicant is qualified to conduct exploratory work;
(2)
The applicant will comply with all applicable laws; and
(3)
The applicant’s work program provides adequate protection for the natural resources of the State.
(d)
The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
Md. Code Ann., Envir. § 5-605 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–605LinkCopy Citation
(a)
A person shall obtain a permit from the Department to appropriate or use or to construct any well, plant, building, or structure which may appropriate or use geothermal resources of the State. The permit is obtained upon written application to the Department. The applicant for the permit must have the legal right to use the surface and give assurance of this right.
(b)
The application shall be accompanied by the following information and any other information as required by the Department:
(1)
A project description specifying:
(i)
What is planned to be constructed, its purpose, use, location, estimated cost, and size; and
(ii)
The methods of construction, construction schedule, and operation procedure;
(2)
A list of licenses, permits, or other approvals required by any government unit;
(3)
Detailed information as to the need for the use and facts concerning alternate site locations as may be requested by the Department; and
(4)
Information providing proof of the discovery of a geothermal resource and an evaluation of the resource.
(c)
After public notice and opportunity for public hearing, the Department may issue a permit for the appropriation or use of geothermal resources if the Department finds that the applicant has demonstrated that the use:
(1)
Conforms with and meets all applicable air, water, and noise laws of the State;
(2)
Conforms with all applicable State and local plans;
(3)
Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable resources, or unique historic site;
(4)
Would not be so located, constructed, or operated as to have a material adverse effect upon the public health, safety, or welfare;
(5)
Would not be a potential or immediate undue burden on the water supply of the site or region; and
(6)
Would not cause an unreasonable rate of resource exhaustion.
(d)
The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
Md. Code Ann., Envir. § 5-606 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–606LinkCopy Citation
After receiving notification from the Department that an application for an exploratory or appropriation permit has been approved, but prior to commencing any construction, the applicant shall file a bond with the Department. The amount of the bond shall be determined by the Department. The bond shall be conditioned that the applicant will faithfully perform every requirement of this subtitle and regulations issued pursuant to this subtitle. The bond shall be executed by the applicant and a corporate surety licensed to do business in the State. The provisions of this section do not apply to the State, political subdivisions, or municipalities.
Md. Code Ann., Envir. § 5-607 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–607LinkCopy Citation
A request for judicial review of the Secretary’s action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court having jurisdiction in which the facility or any part of the facility is to be situated.
Md. Code Ann., Envir. § 5-608 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–608LinkCopy Citation
(a)
Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General.
(b)
Any person who violates any provision of this subtitle or any permit or order issued under this subtitle is liable to a penalty not exceeding $10,000, as well as being subject to being enjoined as provided in subsection (a) of this section. The monetary penalty provided may be recovered in a civil action by the Department through the Attorney General.
Md. Code Ann., Envir. § 5-609 (2026)
Title 5. Water Resources
Subtitle 6. Maryland Geothermal Resources Act
§ 5–609LinkCopy Citation
(a)
This subtitle shall be liberally construed to effectuate its intents and purposes.
(b)
This subtitle may not be construed to be in derogation of any powers or State laws, but shall be regarded as supplemental and in addition to powers conferred by other laws.