The president signed an executive order on Sept. 16, 2026, revoking a 2009 directive on the Chesapeake Bay and instructing federal agencies to redirect funding toward direct water quality improvements.
The order, released in the Federal Register on Sept. 21, 2026, directs the Environmental Protection Agency to encourage states and localities to repeal stormwater management fees. According to the order, Executive Order 13508 lacked clarity, which led local governments to impose fees, commonly called “rain taxes,” that created financial burdens for residents and small businesses with little to no measurable benefits to the Chesapeake Bay or to those residents.
The order directs the EPA to coordinate with Maryland, Virginia, Pennsylvania, Delaware, New York, West Virginia, and the District of Columbia. The order states the agency must assess the financial burdens of the stormwater fees and explore ways to promote the bay’s health without increasing costs for residents.
The order also directs the EPA administrator and the secretaries of War, the Interior, Agriculture, Commerce, and Homeland Security to assess their agencies’ support for the bay. The order requires them to focus personnel and financial resources on on-the-ground projects in high-need areas. The order directs agencies that fund Chesapeake Bay initiatives to redirect money away from activities lacking measurable progress and toward projects that directly reduce sediment and nutrient runoff.
According to the order, actions taken under this section must prioritize strategies grounded in objective metrics and proven water management practices, supported by empirical data and scientific analysis. The order states that strategies must rigorously document performance indicators, such as reductions in nitrogen, phosphorus, and sediment loads.
The executive order cites recent improvements in the bay’s water quality as context for the policy change. According to the document, the watershed jurisdictions met 100% of their sediment reduction goals, 90% of their phosphorus goals, and 57% of their nitrogen goals as of 2025.
Additionally, the order references a 2026 report by scientists from the College of William & Mary, the Virginia Institute of Marine Science, FlowWest, and the University of Maryland Center for Environmental Science. The researchers projected the Chesapeake Bay’s annual dead zone to be about 31% below the long-term average, placing it among the smallest since 1985. The order states it is appropriate to revoke the 2009 directive and to implement actions and best practices that promote the economic health and wellbeing of communities served by the bay.