​MDEM’s authority is granted by Title 14 of the Public Safety Article within the Annotated Code of Maryland, or the Emergency Management Title. The Emergency Management Title establishes MDEM as a the department of State government with primary responsibility and authority for emergency preparedness policy, and for coordinating hazard mitigation, incident response, and disaster recovery.​

Beyond MDEM, the Emergency Management Title establishes local organizations for emergency management, outlines the process for a Governor-declared state of emergency, provides the Governor emergency powers to facilitate life-safety and property-preservation measures during a Governor-declared state of emergency, and legislates political subdivision liabilities for damages incurred as a result of a riot event. The Emergency Management Title also encodes Maryland’s participation in the national Emergency Management Assistance Compact (EMAC), the regional National Capital Region Mutual Aid Agreement, and the in-state, interjurisdictional Maryland Emergency Management Assistance Compact (MEMAC).

In addition to the legislative authority, Executive Order 01.01.2013.06 Maryland Emergency Preparedness Program (MEPP) provides policy clarification. The MEPP Executive Order identifies MDEM as the State agency with primary responsibility for emergency preparedness policy and coordinating State-level hazard mitigation, incident response, and disaster recovery. Additionally, it mandates all State agencies to support the State’s emergency preparedness work, develop and maintain Continuity of Operations Plans (COOP), and provide personnel to staff the State Emergency Operations Center (SEOC) and Disaster Recovery Centers.