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'They caused real harm': Maryland secures $4 million settlement after construction runoff turned river orange

"These violations were not minor. They were repeated. They were preventable."

A bridge over a muddy, orangeish river.

Photo Credit: Gunpowder Riverkeeper

A major homebuilding project in Maryland is facing a multimillion-dollar penalty after residents spent years watching runoff from the site turn parts of the Gunpowder River a cloudy orange.

State officials said the pollution was avoidable — and that nearby communities and ecosystems paid the price.

According to The Baltimore Banner, Maryland has reached a settlement worth more than $4 million with D.R. Horton, its subsidiary Forestar Group, and contractor Kinsley Construction over runoff tied to the 121-acre Ridgley's Reserve development in Joppatowne.

The dispute dates back to spring 2022, when developers cleared more than 100 acres of forest for the roughly 400-home project near Foster Branch, just north of the Gunpowder River.

After heavy rains, residents began noticing muddy plumes flowing downstream. Sediment clouded sections of the Lower Gunpowder and reduced the sunlight reaching the underwater grasses that help support the river's ecosystem.

In 2024, Maryland regulators joined with Gunpowder Riverkeeper to sue the companies, alleging repeated failures to control erosion and polluted runoff from the site.

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"These violations were not minor. They were repeated. They were preventable. And they caused real harm to the Gunpowder River and the communities that depend on it," Secretary of the Environment Serena McIlwain said in a news release.

Under the settlement, the companies did not admit to violating state law, and construction at Ridley's Reserve will continue.

However, the agreement requires stricter erosion and sediment controls and imposes automatic penalties for future runoff violations or other noncompliance.

Construction runoff may sound like a technical issue, but its impacts can be highly visible. Sediment pollution can turn waterways murky, smother aquatic habitats, and block the sunlight underwater grasses need to survive. Those grasses play a major role in filtering water and supporting fish, crabs, and other wildlife throughout the river system.

Researchers studying the Gunpowder documented a major die-off of underwater vegetation after construction began, raising concerns about long-term ecological damage.

For nearby residents, that also turns into a quality-of-life issue. Communities downstream are often left dealing with the consequences when developers clear land too quickly or fail to contain stormwater and erosion effectively.

The agreement includes a $2 million civil penalty and another $2.1 million dedicated to environmental restoration projects aimed at improving habitat and water quality in the Gunpowder and Foster Branch.

That funding will be distributed through competitive grants for nonprofits, local governments, and community organizations, directing resources back into areas affected by the runoff.

"This settlement holds these companies accountable, stops the damage, and directs meaningful resources back into the communities and waterways that were impacted," McIlwain said.

Harford County has already responded with broader policy changes. County leaders approved legislation limiting development phases to 20 acres at a time in an effort to reduce erosion risks during major construction projects.

"I think the path to restoring the Gunpowder tidal basin has just begun. We're just reaching a full understanding of the impact," said Gunpowder Riverkeeper Theaux Le Gardeur, per The Baltimore Banner.

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