Staving off Rollbacks in Poultry Production Oversight
Last summer, the Maryland Department of the Environment (MDE) ruffled some feathers (pun intended) when it missed its deadline to issue an update to its general discharge permit for Concentrated Animal Feeding Operations (CAFOs). This meant that poultry producers on the Eastern Shore who were planning to build new CAFOs were stuck in limbo. This began a saga that continued through the end of the Maryland General Assembly session this April.
These permits are a way the state enforces the Clean Water Act, in collaboration with the U.S. Environmental Protection Agency. Typically, MDE issues an updated general discharge permit every five years, but last summer the agency did not reissue a new permit on time. MDE then administratively extended the existing permit, which allowed existing CAFOs to continue operating. However, new permit applications could not be filed or reviewed, creating a logjam. As the delay lagged on into early 2026, lawmakers in Annapolis sought a legislative remedy in the form of an emergency bill (HB 0395/SB 0371) that would allow construction of new CAFOs before operators secured the general permit. Proponents said the legislation was necessary to relieve the logjam, which they said was stalling $35 million in construction of chicken CAFOs.
However, the bill as originally written would have gone much further than providing temporary relief to a logjam. The vague and indefinite bill language would have simply removed the requirement to have the general permit in place prior to construction, rolling back oversight of important design and infrastructure decisions and providing special treatment for CAFOs.
In February, CLF joined several organizations in hearings to oppose the bill. Testifying alongside Friends of the Earth, Food and Water Watch, Sussex Health and Environmental Network, ShoreRivers, and the Chesapeake Bay Foundation, we opposed the House and Senate versions, noting that the vague language in the bill could undermine communities’ ability to provide public input on new CAFOs prior to construction.
The points raised by environment and health advocates had a notable impact, despite the show of support for the bill from MDE, the Maryland Department of Agriculture, and agriculture industry representatives. Following the hearing, lawmakers modified the bill to address many of our concerns.
The text of the updated bill clarified and narrowed the scope. It specified that the general permit must still be in place prior to construction of a new CAFO, but in the event of a delay or administrative extension of the permit, MDE can authorize construction. In these cases, the person would still need to demonstrate compliance with the existing permit and all other applicable laws.
Ultimately, the bill that passed in the waning hours of the 2026 Maryland General Assembly session in April was a significant improvement to the bill introduced in January.
We are pleased with this outcome, particularly because we know Marylanders want more oversight of industrial poultry facilities, not less. In a 2022 CLF survey of Maryland voters, 79% of respondents favored implementing more stringent environmental impact standards for poultry operations and 89% said they support monitoring and enforcing the Clean Water Act with regard to industrial poultry operations.
Without the input of environment and health advocates, this bill likely would have passed in its original form without important guardrails aimed at protecting communities and ecosystems near CAFOs.