Sec. 19-1A. Definitions.

See County Attorney Opinion dated 12/6/02-A discussing the application of Chapter 19 in Friendship Heights. See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments]

Cross references-Sewers, sewage disposal and drainage, ch. 45; abandonment and closing of drainage rights-of-way, § 49-62 et seq.

Article I. Erosion and Sediment Control.

Notes

*Editor's note-1980 L.M.C., ch. 60, § 1, redesignated former chapter 19, consisting of sections 19-1 to 19-19, as article I of the present chapter.

Sec. 19-1. Purpose and scope.

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 applicable state law and regulations. 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.

This Chapter contains minimum erosion and sediment control requirements and does not limit or repeal any other powers granted to the County by State law. (2013 L.M.C., ch. 9, § 1.)

Editor’s note—Former Section 19-1, Definitions, was renumbered Section 19-1A and amended by 2013 L.M.C., ch. 9, § 1.

Sec. 19-1A. Definitions.

In this Article, these words and phrases have the following meanings:

Administration means the Maryland Department of the Environment Water Management Administration.

Adverse impact means any deleterious effect on any water or wetland, including its quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which is, or may become, potentially harmful to human health, welfare, safety or property, biological productivity, diversity, or stability.

Agricultural land management practice means a method or procedure used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources. Agricultural land management practice does not include logging and timber removal operation.

Applicant means any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to construct a project.

As-built plan means a record drawing or plan prepared and certified by a licensed professional engineer or land surveyor that represents the actual dimensions, contours, elevations, and other characteristics of a completed structure or facility.

Best management practice means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce pollution, and provide other amenities.

Clearing means the act of removing vegetative cover in a manner that does not disturb root mat or the existing soil surface.

Concept plan means the first of 3 plans submitted under the comprehensive review and approval process required by state law and includes the information necessary to allow an initial evaluation of a proposed project.

Department means the Department of Permitting Services.

Director means the Director of the Department of Permitting Services or the Director’s designee.

District means the Montgomery Soil Conservation District.

Drainage area means the area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.

Environmental site design means the use of 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 means the process by which the ground surface is worn by the action of the wind, water, ice, gravity, or artificial means.

Erosion and sediment control means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.

Erosion and sediment control plan means an erosion and sediment control strategy or plan designed to minimize erosion and off-site sedimentation.

Excavating means any act by which soil, earth, sand, gravel, rock, or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and includes the conditions that result from that act.

Filling means any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, pulled, or transported, and includes the conditions that result from that act.

Final erosion and sediment control plan means, along with the final stormwater management plan, the last of 3 plans submitted under the comprehensive review and approval process required by state law. A final erosion and sediment control plan must be prepared and approved as required by the Department and this Chapter and designed under state Standards and Specifications.

Finished grade means the final grade or elevation of the ground surface conforming to the approved grading plan.

Grading mean an act by which soil is cleared, stripped, stockpiled, or any combination thereof.

Grading unit means the maximum contiguous area allowed to be graded at a given time. For this Chapter, a grading unit is 20 acres or less.

Highly erodible soil means soil with a slope greater than 15% or soil with a soil erodibility factor greater than 0.35 and with slopes greater than 5%.

Inspection agency means the Administration or, if delegated enforcement authority, the Department.

Land-disturbing activity means any earth movement and land changes which may result in soil erosion from water or wind or the movement of sediments into state waters or onto lands in the state, including tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.

Low-maintenance ground cover means vegetative ground cover that provides a thick, stabilizing root mat on slopes with a gradient between 3:1 and 2:1, and continues to provide that stabilization without requiring mowing or fertilization more than once each year.

Maximum extent practicable means designing a stormwater management system so that all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural best management practice implemented.

Natural ground surface means the ground surface in its original state before grading, stripping, excavating or filling, or other land-disturbing activities.

Owner/Developer means a person undertaking, or for whose benefit is undertaken, any activity covered by this Chapter. Owner/Developer does not include a general contractor or subcontractor who does not have a proprietary interest in a project.

Permit means the sediment control permit issued by the Department authorizing land-disturbing activity under this Chapter.

Permittee means any person to whom a permit is issued under this Chapter.

Person means the federal government, the State, any county, municipality, 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.

Professional engineer means an engineer duly registered by the State to practice professional engineering under state law.

Professional land surveyor means a person who is duly registered and licensed as such under state law.

Responsible personnel means 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 means, soil, sand, stone, or other surface material transported or deposited by the action of wind, water, ice, or gravity.

Site means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land that are contiguous and in one ownership, or contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.

Site development plan means the second of 3 plans submitted under the comprehensive review and approval process required by state law. A site development plan must include the information necessary to allow a detailed evaluation of a proposed project.

Stabilization means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measure, or structural means.

Slope means the inclined surface of a fill, excavation, or natural terrain.

Soil means any earth, sand, gravel, rock, or any other similar material.

Standards and specifications means the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” or any later revision.

Stormwater means water that originates from a precipitation event.

Stormwater management system means a natural area, environmental site design practice, stormwater management measure, or any other structure through which stormwater flows, infiltrates, or discharges from a site.

Stripping means any activity which removes the vegetative surface cover, including tree felling or removal, clearing, grubbing and storage, or removal of topsoil.

Tree means any woody plant having at least 1 well-defined stem or trunk measuring at least 3 inches in diameter at breast height.

Tree canopy means the area of one or many crowns of the trees on a site, including trees in forested areas.

Variance means a modification of minimum erosion and sediment control requirements for exceptional circumstances when strict adherence to the requirements would result in unnecessary hardship and not achieve the purposes of this Chapter.

Watercourse means any natural or artificial watercourse, including any stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently. Watercourse includes an adjacent area that is subject to inundation from overflow or floodwater.

Watershed means the total drainage area contributing runoff to a single point. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1.; 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 9, § 1.)

Editor’s note—Section 19-1(15) is quoted in Wietzke v. Chesapeake Conference Association, 421 Md. 355, 26 A.3d 931 (2011).

See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral. See County Attorney Opinion dated 5/20/91 indicating that the Washington Suburban Sanitary Commission is exempt from listed local permits, including Chapters 8, 19, 22, 50, and 59, but must comply with State law regarding sediment control and fire safety.

Section 19-1A, Definitions, formerly Section 19-1, was renumbered and amended by 2013 L.M.C., ch. 9, § 1.

Sec. 19-2. Permits required.

(a) Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit.

(b) A permit is not required under this Chapter for:

(1) any minor land-disturbing activity that:

(A) is not associated with construction of a new residential or commercial building;

(B) involves less than 100 cubic yards of earth movement;

(D) is not associated with a change of use from residential to any other use; and

(E) is promptly stabilized to prevent erosion and sedimentation;

(2) accepted agricultural land management practices and agricultural best management practices used in the cultivation of land to further crop and livestock production, such as plowing and construction of an agricultural structure on land that:

(A) has been farmed by, or with the permission of, the same owner during the preceding 5 years; or

(B) in the event of a transfer of ownership or other appropriate circumstance, is the subject of a declaration of intent to farm under state tax law or a comparable declaration filed with the Department by the owner;

(3) tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area;

(4) utility work performed under a Washington Suburban Sanitary Commission utility sediment control permit; or

(5) any clearing or grading activity that is subject exclusively to State approval and enforcement under State law and regulations. (1976, L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2013 L.M.C., ch. 9, § 1.)

Editor’s note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral.

Sec. 19-3. Application for permit.

(a) An application for a permit must be filed on forms approved by the Department and include:

(1) all information required by the Department, including identity of property owner, developer of the property, and land-disturbing activity to be performed;

(2) written permission from the owner for agents of the Department to enter the property specified in the application for inspection and enforcement under this Chapter;

(3) all required fees;

(4) all related soil erosion and sediment control plans; and

(5) any required financial security.

(b) A separate permit is required for each site.

(d) A permit must not be issued for land disturbance associated with building or development that is not permitted by applicable zoning, special exceptions, and variances.

(e) A permit must not be issued to a person who must comply with Chapter 22A until a final forest conservation plan is approved and any required financial security is provided. However, a permit may be issued before a final forest conservation plan is approved if the land-disturbing activity is specified on the approved preliminary plan of subdivision, preliminary forest conservation plan, project plan, development plan, sketch plan, floating zone plan, or approved plan amendment. Any land-disturbing activity must comply with all terms and conditions of the permit.

(f) The Department must issue a permit to an applicant if the application and plans comply with this Chapter, applicable regulations, and the Standards and Specifications.

(g) A sediment control permit must not be issued for any grading or land-disturbing activity that is located in or within 25 feet of a 100-year floodplain if the activity requires and has not received a floodplain district permit under Article III. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1989 L.M.C., ch. 39, § 3; 2013 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 8, § 1.)

Editor’s note—Former Section 19-3A, Permit limitations, derived from 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1, was repealed by 2013 L.M.C., ch. 9, § 1.)

Sec. 19-4. Variances.

The Department may only grant a variance from the requirements of the Standards and Specifications when strict adherence will result in exceptional hardship and not achieve the purposes of this Article. The applicant must submit a written request for a variance to the Department. The request must specify the variance sought and the reasons to allow it. The Department must not grant a variance unless the unique circumstances of the site justify the variance. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc