(A) The purpose of this chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances. The goal is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with the Code of Maryland Regulations (COMAR) 26.17.01, the 2011 Maryland Standards and Specifications (Standards and Specifications) and the Stormwater Management Act of 2007 (“Act”). Implementing this chapter will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property.
(B) The provisions of this chapter pursuant to Md. Code, Title 4, Environment Article, Subtitle 1, are adopted under the authority of the Garrett County Code and shall apply to all land grading occurring within Garrett County. The application of this chapter and the provisions expressed herein shall be the minimum erosion and sediment control requirements and shall not be deemed a limitation or repeal of any other powers granted by state statute.
(Ord. —, passed 2-5-2013)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATION. The Maryland Department of the Environment (MDE) Water Management Administration (WMA).
ADVERSE IMPACT. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which are or may potentially be harmful or injurious to human health, welfare, safety or property, biological productivity, diversity, or stability or that unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. Logging and timber removal operations are not to be considered a part of this definition.
AGRICULTURAL STRUCTURES. Buildings or structures on farms which are zoned or assessed agricultural and used only for agricultural pursuits if such buildings and/or structures are not intended for nor used for human occupancy.
APPLICANT. Any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to carry out construction of a project.
APPROVAL AUTHORITY. The entity responsible for the review and approval of erosion and sediment control plans.
BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
CLEAR. To remove the vegetative ground cover while leaving the root mat intact.
CONCEPT PLAN. The first of 3 plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02 and shall include the information necessary to allow an initial evaluation of proposed project.
DEPARTMENT. The Department of the Environment.
DRAINAGE AREA. That area contributing runoff to a single point measured in a horizontal plan that is enclosed by a ridge line.
ENVIRONMENTAL SITE DESIGN (ESD). Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.
EROSION. The process by which the land surface is worn away by the action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL. A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
EROSION AND SEDIMENT CONTROL PLAN. An erosion and sediment control strategy or plan designed to minimize erosion and prevent off-site sedimentation.
EXEMPTION. Those land development activities that are not subject to the erosion and sediment control requirements contained in this chapter.
FINAL EROSION AND SEDIMENT CONTROL PLAN. Along with the final stormwater management plan, the last of 3 plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. FINAL EROSION AND SEDIMENT CONTROL PLANS shall be prepared and approved in accordance with the specific requirements of the Garrett Soil Conservation District (GSCD) and this chapter and designed in accordance with the Standards and Specifications.
GRADE. To disturb earth by, including but not limited to , excavating, filling, stockpiling, grubbing, removing root mat or topsoil, or any combination thereof.
GRADING UNIT. The maximum contiguous area allowed to be graded at a given time. For the purposes of this chapter, a GRADING UNIT is 20 acres or less.
HIGHLY ERODIBLE SOILS. Those soils on steep slopes or those soils with a soil erodability factor, K, greater than 0.35 and with slopes greater than 5%.
INSPECTION AGENCY. The Administration.
MAXIMUM EXTENT PRACTICABLE (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural BMP implemented.
OWNER/DEVELOPER. A person undertaking, or for whose benefit, activities covered by this chapter are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.
PERMITTEE. Any person to whom a grading permit has been issued.
PERSON. Includes the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
RESPONSIBLE PERSONNEL. Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.
SEDIMENT. Soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.
SITE. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land that are in 1 ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.
SITE DEVELOPMENT PLAN. The second of 3 plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. A SITE DEVELOPMENT PLAN shall include the information necessary to allow a detailed evaluation of a proposed project.
STABILIZATION. The protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, and/or structural means.
STANDARDS AND SPECIFICATIONS. The “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” or any subsequent revisions.
STORMWATER. Water that originates from a precipitation event.
STORMWATER MANAGEMENT SYSTEM. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.
VARIANCE. The modification of the minimum erosion and sediment control requirements for exceptional circumstances such that strict adherence to the requirements would result in unnecessary hardship and to fulfill the intent of this chapter.
WATERSHED. The total drainage area contributing runoff to a single point.
(Ord. —, passed 2-5-2013)
(A) Scope. No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of this chapter and the Standards and Specifications except as provided within this section.
(B) Exemptions. The following activities are exempt from the provisions of this chapter:
(1) Agricultural land management practices and agricultural BMPs:
(2) Agricultural structures:
(3) Clearing or grading activities that disturb less than 5,000 square feet of land area or disturb less than 100 cubic yards or earth; and
(4) Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.
(C) Variances. The GSCD may only grant a variance from the requirements of the Standards and Specification when strict adherence will result in exceptional hardship and not fulfill the intent of this chapter. The owner/developer shall submit a written request for a variance to the GSCD. The request must state the specific variance sought and the reasons for the request. The GSCD shall not grant a variance unless and until sufficient information is provided describing the unique circumstances of the site to justify the variance.
(Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
(A) Review and approval of erosion and sediment control plans.
(1) A person may not grade land without an erosion and sediment control plan approved by GSCD.
(2) The GSCD shall review erosion and sediment control plans to determine compliance with this chapter and the Standards and Specifications prior to approval. In approving the plan, the GSCD may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter, COMAR 26.17.01, the Standards and Specifications, and the preservation of public health and safety.
(3) The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Garrett County’s Stormwater Ordinance (Chapter 155), and the Act.
(4) At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and steep slopes as well as information required under Garrett County’s Stormwater Ordinance (Chapter 155). These areas are to remain undisturbed or an explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction.
(5) A site development plan submittal must include all concept plan information and indicate how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices. The latter is to be done through a narrative and an overlay plan showing both ESD and erosion and sediment control practices. An initial sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time.
(6) An applicant shall submit a final erosion and sediment control plan to the GSCD for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in division (B) of this section not already submitted.
(7) A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the GSCD on the plan.
(8) Approved plans remain valid for 2 years from the date of approval unless extended or renewed by the GSCD.
(9) Grandfathering of approved plans.
(a) Any plans that receive final approval after January 9, 2013 must be in compliance with the requirements of this chapter and the Standards and Specifications.
(b) A plan that receives final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.
(c) Stabilization practices on all sites must be in compliance with the requirements of this chapter and the Standards and Specifications by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.
(B) Contents of erosion and sediment control plans.
(1) An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the GSCD, this chapter, Garrett County’s Stormwater Ordinance (Chapter 155), the Standards and Specifications, and the Act. The plans shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation.
(2) At a minimum, applicants shall submit the following information:
(a) A letter of transmittal and application (provided by the Permits and Inspections Office):
(b) Name, address, and telephone number of:
1. The owner of the property where the grading is proposed;
2. The developer; and
3. The applicant;
(c) A vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;
(d) Drainage area map(s) at a 1" = 200' minimum scale showing existing, interim, and proposed topography, proposed improvements, standard symbols for proposed sediment control features,
and pertinent drainage information including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system;
(e) The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 25% and steeper, and other sensitive areas as defined in the County’s Sensitive Areas Ordinance (Chapter 156);
(f) A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(g) Proposed stormwater management practices;
(h) Erosion and sediment control plans including:
1. The existing topography and improvements as well as proposed topography and improvements at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval. For projects with more than minor grading, interim contours may also be required;
2. Scale, project and sheet title, and north arrow on each pan sheet;
3. The limit of disturbance (LOD) including:
A. Limit of grading (grading units, if applicable); and
B. Initial, interim, and final phases;
4. Scale, project and sheet title, and north arrow on each plan sheet:
A. Total disturbed area;
B. Volume of cut and fill quantities; and
C. Volume of borrow and spoil quantities;
5. Storm drainage features, including:
A. Existing and proposed bridges, storm drains, culverts, outfalls, and the like;
B. Velocities and peak flow rates at outfalls for the 2-year and 10-year frequency storm events; and
C. Site conditions around points of all surface water discharge from the site;
6. Erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation including:
A. The salvage and reuse of topsoil;
B. Phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration;
C. Location and type of all proposed sediment control practices;
D. Design details and data for all erosion and sediment control practices; and
E. Specifications for temporary and permanent stabilization measures including, at a minimum:
(i) The “Standard Stabilization Note” on the plan stating:
“Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
a. Three calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and
b. Seven calendar days as to all other disturbed or graded areas on the project site not under active grading.”
(ii) Details for areas requiring accelerated stabilization; and
(iii) Maintenance requirements as defined in the Standards and Specification;
7. A sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization, and the various stages or phases of earth disturbance and construction. Any changes or revisions to the sequence of construction must be approved by the GSCD prior to proceeding with construction. The sequence of construction, at a minimum, must include the following:
(i) Request for a pre-construction meeting with the appropriate enforcement authority;
(ii) Clearing and grubbing as necessary for the installation of perimeter controls;
(iii) Construction and stabilization of perimeter controls;
(iv) Remaining clearing and grubbing within installed perimeter controls;
(v) Road grading;
(vi) Grading for the remainder of the site;
(vii) Utility installation and connections to existing structures;
(viii) Construction of buildings, roads, and other construction;
(ix) Final grading, landscaping, and stabilization;
(x) Installation of stormwater management measures;
(xi) Approval of the appropriate enforcement authority prior to removal of sediment controls; and
(xii) Removal of controls and stabilization of areas that are disturbed by removal of sediment controls.
8. A statement requiring the owner/developer or representative to contact the Administration or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan, grading permit or building permit:
(i) Prior to the start of earth disturbance;
(ii) Upon completion of the installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading;
(iii) Prior to the start of another phase of construction or opening of another grading unit; and
(iv) Prior to the removal of sediment control practices;
9. Certification by the owner/developer that any clearing, grading, construction, or development will be done pursuant to the approved erosion and sediment control plan. The certification must also require that the responsible personnel involved in the construction project have a certificate of training at an MDE approved training program for the control of erosion and sediment prior to beginning the project. The certificate of training for responsible personnel may be waived by the GSCD on any project involving 4 or fewer residential lots. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the GSCD, Permits and Inspections Office, and /or MDE; and
10. Certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the state that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards, if required by the GSCD or the Administration.
(i) Any additional information or data deemed appropriate by the GSCD.
(C) Modifications to erosion and sediment control plans.
(1) The GSCD may revise approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or the Permits and Inspections Office in accordance with COMAR 26.17.01.09(H) Plan Modifications.
(2) The GSCD may develop a list of minor modifications that may be approved as filed revisions by the inspection agency. The Administration must approve any list of minor modifications prior to its implementation.
(D) Standard erosion and sediment control plan.
(1) The GSCD may adopt a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.
(2) A standard erosion and sediment control plan must meet the requirements of this chapter and the Standards and Specifications.
(3) MDE shall review and approve a standard plan prior to its adoption.
(1986 Code, § 257-4) Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
(A) Permit requirements. Before a grading permit for any site is issued by the Permits and Inspections Office, the GSCD must review and approve an erosion and sediment control plan for the site.
(B) Permit expiration and renewal. The grading permit shall expire 2 years from the date of issuance unless extended or renewed by the Permits and Inspections Office. Application for permit renewal shall be made at least 2 months prior to the permit expiration date.
(C) Permit fee. A permit fee schedule may be established by resolution of the Board of County Commissioners for the administration and management of the erosion and sediment control program. Capital improvement projects, refuse disposal areas, sanitary landfills, and public works projects may be exempt from this permit fee.
(D) Permit suspension and revocation. The Permits and Inspections Office may suspend or revoke any grading permits after providing written notification to the permittee based on any of the following reasons:
(1) Any violation(s) of the terms or conditions of the approved erosion and sediment control plan or permits;
(2) Noncompliance with violation notice(s) or stop work order(s);
(3) Changes in site characteristics upon which plan approval and permit issuance were based; or
(4) Any violation(s) of this chapter or any rules and regulations adopted under it.
(E) Permit conditions. In issuing a grading permit, the Permits and Inspections Office may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter or the preservation of the public health and safety.
(1986 Code, §§ 257-3, 257-7, 257-10; Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
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