§ 33-5-103. SUBMISSION AND APPROVAL OF PLANS.  


Latest version.
  • (a)

    Erosion and sediment control and grading plans.

    (1)

    Except as otherwise provided in this title, a person may not grade land without an erosion and sediment control plan approved by the Soil Conservation District and a grading plan approved by the Department of Environmental Protection and Sustainability.

    (2)

    Erosion and sediment control plans and grading plans shall comply with the following phases described in COMAR 26.17.01.17 and the Handbook:

    (i)

    Concept plan;

    (ii)

    Site development plan; and

    (ii)

    Final erosion and sediment control plan.

    (3)

    Modification of any final erosion and sediment control plan shall be in accordance with the Handbook.

    (b)

    Review of plans for compliance.

    (1)

    (i)

    The Soil Conservation District shall review erosion and sediment control plans to determine compliance with this title and the Standards and Specifications before approval.

    (ii)

    In approving the plan, the District may impose such conditions as it deems necessary to ensure compliance with the provisions of this title, COMAR 26.17.01, the Standards and Specifications, and the preservation of public health and safety.

    (2)

    The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the standards and specifications, this title, and the Stormwater Management Act of 2007.

    (c)

    Concept plan.

    (1)

    At a minimum, a concept plan shall include the mapping of natural resources and sensitive areas including:

    (i)

    Highly erodible soils and slopes greater than 15 percent; and

    (ii)

    Information required under this title.

    (2)

    The areas referenced in paragraph (1) of this subsection shall remain undisturbed or an explanation shall be included with either the concept plan or the site development plan describing enhanced protection strategies for the areas during construction.

    (d)

    Site development plan.

    (1)

    A site development plan submittal shall:

    (i)

    Include all concept plan information;

    (ii)

    Subject to paragraph (2) of this subsection, indicate how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices; and

    (iii)

    Include an initial sequence of construction and proposed project phasing to achieve the grading unit restriction.

    (2)

    For purposes of paragraph (1)(ii) of this subsection, a site development plan shall include a narrative and an overlay plan showing both esd and erosion and sediment control practices.

    (e)

    Final erosion and sediment control plan.

    (1)

    An applicant shall submit a final erosion and sediment control plan to the District for review and approval.

    (2)

    The plan shall include:

    (i)

    All of the information required by the concept and site development plans; and

    (ii)

    Any information in § 33-5-104 of this subtitle not already submitted.

    (3)

    A final erosion and sediment control plan may not be considered approved without the inclusion of the signature and date of signature of the District on the plan.

    (f)

    Term of approved plan. An approved plan remains valid for two (2) years from the date of approval unless extended or renewed by the District.

    (g)

    Final approval.

    (1)

    Any plans that receive final approval after January 9, 2013 shall be in compliance with the requirements of this title and the Handbook.

    (2)

    A plan that receives final approval before 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.

    (3)

    Stabilization practices on all sites shall be in compliance with the requirements of this title and the Handbook by January 9, 2013 regardless of when an approved erosion and sediment control plan was approved.

(Bill No. 72-12, § 3, 1-9-2013)