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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.
(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;
(C) disturbs less than 5,000 square feet of surface area;
(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.
(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.
(c) A sediment control permit is transferable.
(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.)
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.)
(a) The Department must review each erosion and sediment control plan to determine compliance with this Chapter and the Standards and Specifications before the plan can be approved. In approving a plan, the Department may impose conditions necessary to ensure compliance with this Chapter and state law and to protect public health and safety.
(b) The review and approval process must be part of the comprehensive and integrated plan approval process described in state law.
(c) A concept plan must at least include the mapping of natural resources and sensitive areas, including highly erodible soils and slopes greater than 15%. If these areas would not remain undisturbed, either the concept or site development plan must describe any enhanced protection strategy for these areas during construction.
(d) A site development plan application must include all concept plan information and indicate how any proposed erosion and sediment control practice will be integrated with any proposed stormwater management practice. The stormwater management practice must be shown through a narrative and an overlay plan showing both environmental site design and any erosion and sediment control practice. An applicant should submit an initial sequence of construction and proposed project phasing to achieve the grading unit restriction. If the Director approves, the concept plan and site development plan may be combined.
(e) An applicant must submit a final erosion and sediment control plan to the Department for review and approval. The plan must include all information required by the concept plan and site development plan and any relevant information not already submitted.
(f) A final erosion and sediment control plan is not approved until the Department signs and dates the plan. (2013 L.M.C., ch. 9, § 1.)
(a) Any major modification of an approved plan must be submitted to the Department and processed in the same manner as the original plan, where:
(1) field inspection or evaluation of the plan has revealed the inadequacy of the plan to accomplish erosion and sediment control objectives; or
(2) the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out.
(b) The Department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, other properties, or the general public from damage, that will remain in effect until modifications or revisions to the plan are approved and implemented.
(c) The Department may allow a minor field modification if the modification is consistent with this Chapter, regulations, and state law. The Department must establish a list of allowable field modifications, subject to approval by the Administration.
(d) If a violation of the limits of disturbance shown on the approved plan involves removal or damage to trees, the permittee must obtain and implement an approved reforestation plan from the Planning Board. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1992 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 9, § 1.)
(a) An applicant is responsible for submitting an erosion and sediment control plan that meets the requirements of the Department, this Chapter, and state law. The plan must include sufficient information to evaluate the environmental characteristics of the affected area, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of any measure proposed to minimize soil erosion and off-site sedimentation.
(b) An applicant must at least submit:
(1) a letter of transmittal and/or application;
(2) the name, address, and telephone number of:
(A) the owner of the property where the grading is proposed;
(B) the developer; and
(C) the applicant;
(3) a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;
(4) a drainage area map at 1" = 200' minimum scale, showing existing, interim, and proposed topography, any proposed improvement, standard symbols for proposed sediment control features, and pertinent drainage information, including provisions to protect downstream areas from erosion for at least the closer of 200 feet downstream or the next conveyance system;
(5) the location of any natural resource, wetland, floodplain, highly erodible soil, slopes 15% and steeper, and any other sensitive area;
(6) a general description of the predominant soil types on the site, as described in appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(7) any proposed stormwater management practice;
(8) an erosion and sediment control plan, including:
(A) the existing topography and improvements, and any proposed topography and improvements, at a scale between 1" = 10' and 1' = 50' with 2 foot contours or another approved contour interval. For any project with more than minor grading, interim contours may also be required;
(B) scale, project and sheet title, and north arrow on each plan sheet;
(C) the limit of disturbance (LOD), including:
(i) limit of grading (grading units, if applicable);
(ii) initial, interim, and final phases; and
(iii) staging and stockpile areas, including those on existing impervious areas;
(D) the proposed grading and earth disturbance, including:
(i) total disturbed area;
(ii) volume of cut and fill quantities; and
(iii) volume of borrow and spoil quantities;
(E) any storm drainage feature, including:
(i) any existing or proposed bridge, storm drain, culvert, or outfall;
(ii) velocities and peak flow rates at outfalls for 2-year and 10-year frequency storm events; and
(iii) site conditions around points of all surface water discharge from the site;
(F) any erosion and sediment control practice to minimize on-site erosion and prevent off-site sedimentation, including:
(i) salvage and reuse of topsoil;
(ii) phased construction and implementation of a grading unit to minimize disturbance, both in extent and duration;
(iii) the location and type of any proposed sediment control practice;
(iv) design details and data for any erosion and sediment control practice; and
(v) any specification for any temporary and permanent stabilization measure, including:
1. the “Standard Stabilization Note” on the plan stating:
“Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
a. 3 calendar days as to the surface of any perimeter dike, swale, ditch, perimeter slope, and any slope steeper than 3 horizontal to 1 vertical (3:1); and
b. 7 calendar days as to any other disturbed or graded area on the project site not under active grading.”;
2. any detail for an area requiring accelerated stabilization; and
3. any maintenance requirement under state law;
(G) a sequence of construction describing the relationship between the implementation and maintenance of any control, including permanent and temporary stabilization, and the stages or phases of each disturbance and construction. The Department must approve any revision to the sequence of construction before construction begins. The sequence of construction must include:
(i) a request for a pre-construction meeting with the appropriate enforcement authority;
(ii) clearing and grubbing as necessary to install perimeter controls;
(iii) construction and stabilization of perimeter control;
(iv) remaining clearing and grubbing within installed perimeter controls;
(v) road grading;
(vi) grading for the rest of the site;
(vii) utility installation and connections to each existing structure;
(viii) construction of any building, road, and other construction;
(ix) final grading, landscaping, and stabilization;
(x) installation of any stormwater management measure;
(xi) approval of the appropriate enforcement authority before removing any sediment control; and
(xii) removal of any control and stabilization of any area that is disturbed by the removal of a sediment control;
(H) a statement requiring the permittee to contact the Department at the following stages of the project or as required in the approved erosion and sediment control plan, grading permit, or building permit;
(i) before beginning any earth disturbance;
(ii) after completing the installation of any perimeter erosion and sediment control, but before any other earth disturbance or grading;
(iii) before beginning another phase of construction or opening of another grading unit; and
(iv) before removing any sediment control practice;
(I) certification by the permittee that any clearing, grading, construction, or development will be done as required by the approved erosion and sediment control plan. The certification must also require that the responsible personnel involved in the construction project have earned a Certificate of Training at a training program approved by the state Department of the Environment for the control of erosion and sediment before beginning the project; and
(J) certification by a professional engineer, land surveyor, landscape architect, architect, certified professional in erosion and sediment control, or forester (for forest harvest operations only) registered in the State, that the plan complies with erosion and sediment control laws, regulations, and standards, if required by the Department or the Administration; and
(9) any additional information or data that the Department specifies. (2013 L.M.C., ch. 9, § 1.)
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