Anne Arundel County Sewer Capacity Moratorium: What Developers Should Know

Learn which projects were affected and what developers should consider.

Nicole Kusiolek

Permit Manager

August 18, 2026

What the temporary pause revealed about sewer allocations, permitting, and early utility due diligence.

Current status: Anne Arundel County lifted the sewer capacity moratorium on June 3, 2026. The temporary measure affected specific portions of the Baltimore City Sewer Service Area. Projects in the pipeline that are ready to receive allocations may move forward.

What Happened?

On March 2, 2026, Anne Arundel County, Maryland, imposed a moratorium on new sewer capacity allocations in portions of the Baltimore City Sewer Service Area, particularly areas connecting to the Baltimore County Patapsco Interceptor and Sewage Pumping Station. The issue was that peak wastewater flows were exceeding the capacity allowed under regional agreements, particularly during wet weather.

The moratorium meant that projects without a formal sewer allocation were put on hold. The County specifically said those projects could not receive an allocation or obtain final approval until additional capacity was secured or the moratorium was modified or lifted.

What Areas and Projects Were Affected?

The moratorium did not apply throughout Anne Arundel County. It affected portions of the County’s Baltimore City Sewer Service Area that drain through Howard County and Baltimore County and ultimately to Baltimore County’s Patapsco Sewer Pump Station. The portion of the service area that drains directly into Baltimore City was not included.

Commercial and industrial projects were also affected, if not more, than residential projects. The county itself described the affected area as an important economic hub with transit-oriented housing, commercial development, manufacturing, and warehouse construction near BWI Airport.

The county’s original notice suspended new allocations for building and tenant fit-outs that required additional Equivalent Dwelling Units (EDUs). Tenant fit-outs that required no additional sewer capacity were allowed to proceed.

The distinction is significant for existing commercial property owners because a building could be physically ready for a tenant. However, if the proposed use required additional sewer capacity, the project could still be delayed.

How Did the Moratorium Affect Development?

What impact did this have on owners and developers in the county?

  1. Some projects without formal sewer allocations were temporarily paused.
    • For a developer, having a viable site, plans, and a permit application isn’t enough if the project cannot obtain its required sewer allocation. The moratorium created a temporary constraint for projects that had not secured capacity.
    • That means development approvals could not be finalized, building permits could not move forward where additional sewer capacity was required, construction start dates were pushed out, projects that were deep into planning sat idle, and transactions involving development sites became more difficult to underwrite.
  2. The resulting delays may have increased carrying costs and shifted development schedules.
    • During the pause, owners and developers may have continued to incur acquisition interest, property taxes, insurance, design fees, and other project-related costs.
    •  A 3-6-month delay for a residential developer can mean a halt in the sales cycle.
  3. Uncertainty complicated project planning, financing, and scheduling.
    • At the outset, the duration of the moratorium depended on securing additional capacity within a shared regional wastewater system, making development timelines difficult to predict. Because a permanent infrastructure solution would require several years to plan, design, and construct, project teams could not assume that the constraint would be resolved within a few months. Owners and developers therefore faced legitimate concerns about potentially extended effects on project schedules and financing, and critical development decisions.

How the County and Regional Partners Restored Capacity

The moratorium was lifted on June 3, 2026, after Anne Arundel County and its regional partners resolved the immediate constraint in approximately three months. The Maryland Aviation Administration agreed to make unused wastewater capacity at BWI Airport available temporarily. At the same time, the Maryland Department of the Environment confirmed that actual peak-flow data could be used to identify additional available capacity. The County described the outcome as the result of cooperation among the Maryland Aviation Administration, Maryland Department of the Environment, Baltimore City, and Baltimore County. Together, these measures allowed the County to lift the immediate moratorium while establishing a path toward longer-term capacity and infrastructure improvements.

The County also committed nearly $60 million toward longer-term infrastructure improvements in the FY27 budget. The infrastructure plan is expected to be completed in November 2026; design and construction are expected within four to five years. See more information on the County’s moratorium.

How We Supported Clients During the Moratorium

During the moratorium, Arium AE served as a communication link between affected clients and Anne Arundel County staff. As project-specific questions arose, our team worked to clarify how the temporary restrictions applied and kept clients informed as County guidance evolved. Timely communication helped clients understand how the moratorium impacted their specific projects, including potential delays in approvals, sequencing considerations for design and permitting milestones, and options to adjust project timelines or phasing strategies to align with available capacity.

What Should Owners and Developers Do Now?

The broader takeaway is that sewer capacity can shift from a routine utility consideration to a project-critical constraint. For affected owners and developers, the temporary pause created scheduling uncertainty and may have increased carrying costs or affected project financing. Although the moratorium has been lifted, longer-term capacity and infrastructure improvements remain underway.

From a permitting perspective, there is a larger story that goes beyond Anne Arundel County. The lesson is that a project can be “permit ready” yet still be unable to move forward due to upstream infrastructure constraints. From an owner’s perspective, the distinction between “your permit is approved” and “your project can actually connect to the infrastructure necessary to operate” may have material and financial consequences.

This illustrates why developers need better visibility into capacity, allocations, utility requirements, and jurisdictional dependencies early in the process, not after they have spent months or years getting a project through to planning and permitting.

How Arium Helps

Our work during the moratorium reflects Arium AE’s broader approach to permitting: maintaining open communication between our clients and public reviewing agencies. We work collaboratively with regional permitting staff to clarify requirements affecting permitting and infrastructure capacity as early as possible. Although no design team can eliminate an external constraint, proactive coordination helps owners understand how it may affect their project and determine the most practical path forward.

Please reach out to us at 410-730-2300 or through our contact form to discuss the permitting process for your next project.

Review the latest regional permitting updates from August.