Is Owning a Tank Legal in Maryland After the 2026 Law Changes?

It is strictly regulated.

Owning a tank in Maryland requires adherence to state and local laws, with restrictions varying by tank type, size, and use. The Maryland Department of the Environment (MDE) enforces strict permitting and inspection protocols, while local jurisdictions may impose additional zoning or safety requirements. Violations can result in substantial penalties, including fines or forced removal, particularly for non-compliant storage tanks.


Key Regulations for Owning a Tank in Maryland

  • Permitting Requirements: All tanks exceeding 60 gallons must obtain a permit from the MDE’s Oil Control Program, with underground storage tanks (USTs) requiring additional federal compliance under the Energy Policy Act of 2005. Above-ground tanks (ASTs) face local permitting, often requiring fire marshal approval.
  • Environmental and Safety Standards: Tanks must comply with MDE’s spill prevention and leak detection protocols, including secondary containment for hazardous materials. The 2026 MDE amendments mandate electronic reporting for tank inspections, aligning with EPA’s updated Spill Prevention, Control, and Countermeasure (SPCC) rules.
  • Zoning and Land Use Restrictions: Local governments, such as Baltimore County or Montgomery County, impose additional restrictions on tank placement, often banning residential storage of certain fuels. Agricultural or industrial zones may permit larger tanks but require buffer zones from water sources.

Failure to comply with these regulations risks enforcement actions, including tank removal or civil penalties up to $10,000 per day under Maryland’s Environmental Article § 7-201. Consult the MDE’s Tank Program and local authorities before acquisition or installation.