Do You Need a Permit to Drill a Well in Maryland?
Yes, every new well in Maryland needs a well drilling permit, normally before the rig starts. Under COMAR 26.04.04.05, the county’s approving authority issues it, and only to a licensed master well driller. That means your well drilling contractor files it. A drinking water well also needs a Certificate of Potability before it goes into service.
Building a home that needs a well, or replacing one that quit, starts with a permit. Maryland’s rules in COMAR 26.04.04 decide where the well can go and what must pass before anyone drinks the water. HydroWells is based in Poolesville and Dickerson and drills wells across six Maryland counties. A Maryland Master Well Driller is on our team, so we handle the permit process as part of the job.
Who issues a well permit in Maryland?
Your county’s approving authority issues it. COMAR defines that as the Secretary of the Environment or the Secretary’s designee. In Montgomery County, the permit comes from the Department of Permitting Services (DPS). In Frederick County, the Health Department’s Well and Septic program issues permits for all wells.
In Montgomery County, DPS requires a Well Permit before a well is drilled for any purpose. That covers drinking water, water for irrigation or agricultural purposes, monitoring and testing, geothermal systems and dewatering. A State Drilling Permit is also required, and the licensed well driller submits it directly to DPS. DPS also needs an inspection request before the driller grouts the well.
In Frederick County, that program covers domestic, geothermal, monitoring and test wells. Its well handbook says the Health Department’s Division of Environmental Health approves new well construction. In Howard County, the Health Department’s Well and Septic Program oversees the installation and repair of all drinking water wells. In Carroll, Washington and Baltimore County, the permit comes from that county’s approving authority.
What are the steps from permit to finished well?
The master well driller applies, and the approving authority reviews the location. The permit comes as a written permit plus a well identification tag. The driller gives notice before drilling and tags the casing after grouting. A drinking water well then needs passing water samples before it goes into service.
COMAR 26.04.04.05 makes the permit two things: a written permit and a durable well identification tag. It stays valid for 12 months from issuance, and the driller can ask in writing for 6-month extensions. The same stages apply to a new or replacement well. For what sets the price of the well itself, see our well drilling cost guide.
Maryland well permit stages, in order
| Stage | What happens | Rule or source |
|---|---|---|
| Application | The master well driller applies to the approving authority | COMAR 26.04.04.03 and .05 |
| Review | The office checks setbacks, the water and sewer plan and the site | COMAR 26.04.04.04 |
| Permit issued | Written permit plus well identification tag, valid 12 months | COMAR 26.04.04.05 |
| Notice | The driller notifies the office the business day before drilling | COMAR 26.04.04.14; Montgomery DPS |
| Grouting | The tag goes on the casing above finished grade after grouting | COMAR 26.04.04.05 |
| Completion report | The driller files it; DPS wants it within 45 days | COMAR 26.04.04.10; Montgomery DPS |
| Certificate of Potability | Samples must pass before a drinking water well is used | COMAR 26.04.04.30 |
What are the well setback requirements in Maryland?
COMAR 26.04.04.04 sets minimum distances for a water supply well. It must sit at least 10 feet from a property line and 30 feet from a building foundation. Septic areas and other known contamination sources need 100 feet when the well draws from an unconfined aquifer.
The list covers water supply and open loop geothermal wells; closed loop ones keep 50 feet from contamination sources. A water supply well may not sit inside or under a building, other than a separate pump house. The approving authority also weighs topography, surface drainage, easements and ground water conditions before it approves a spot. Montgomery County checks each well against current county and state setback standards.
- 10 feet from a property line
- 15 feet from a road or dedicated right-of-way
- 30 feet from a building foundation
- 100 feet from septic areas and contamination sources (unconfined aquifer)
- 50 feet from those same sources (confined aquifer)
- 50 feet from a sewage gravity or force main, with one narrow exception
Do you need a permit to replace a well?
Yes, a replacement well needs its own permit, and COMAR 26.04.04.34 has the old well filled and sealed. Montgomery County’s DPS processes permits for replacement drinking water wells as soon as possible. Certificate of Potability sampling is also required for replacement wells there.
MDE says that when a new well replaces one that will no longer be used, that well must be sealed. Our well abandonment and sealing work covers that old well. In Montgomery County, a building permit that needs a replaced or moved well waits on that well. DPS wants it drilled and any well permit conditions met before the building permit is approved.
Can a well be drilled before the permit in an emergency?
Yes, in an emergency COMAR 26.04.04.06 lets a master well driller start before the written permit. An emergency includes a lack of water posing an immediate and significant danger to people, livestock, domestic fowl or crops. The approving authority still has to verify the emergency before it issues the permit.
During business hours, the approving authority verifies the emergency, then may give the driller a verbal emergency permit number. The driller must keep that number on hand while the well is built. It becomes void if construction does not start within 2 days. Within 3 business days after work starts, the driller files a written application that includes the number.
After hours, the driller first tries the approving authority’s emergency phone number. If no one can be reached, drilling may start, with the written application due the first business day after. Every emergency well follows the same construction rules, and a well in an unacceptable spot gets sealed. Our emergency well service takes calls 24/7, nights and weekends included.
What happens after the well is drilled?
The well has to prove its yield and its water. Frederick County’s well handbook says a well must produce one gallon per minute. The yield plus the water stored in the well must reach 500 gallons in two hours. A drinking water well also needs a Certificate of Potability before it goes into service.
COMAR 26.04.04.30 sets the checks for that certificate. In Montgomery County, Certificate of Potability sampling comes before DPS issues the Use and Occupancy permit for a new home. The driller also files the well completion report with DPS no later than 45 days after construction. Our water testing and certification service covers certified lab sampling for closings and county requirements.
- Built to COMAR 26.04.04 and any special permit conditions
- Meets the yield requirements in the regulation
- Well completion report filed with the approving authority
- Well identification tag affixed to the well
- Two coliform-negative samples taken at least 24 hours apart
- Nitrate and turbidity within the regulation’s limits
Planning a new well, or replacing one that quit? Call (301) 393-7090. We are open 24/7, and phone triage on no-water calls is free. Estimates are free and written after a look at the property, and the permit is part of the job. You can also send us the address and what the property needs.