§ 33-5-106. GRADING PLAN, SEDIMENT CONTROL PLAN AND FOREST PROTECTION AND ESTABLISHMENT PLAN — REQUIREMENTS AND EXEMPTIONS.

(a)

Required.

(1)

Unless otherwise exempt, approved erosion and sediment control and grading plans are required for all grading operations.

(2)

A grading permit or building permit may not be issued until:

(i)

Subject to paragraph (3) of this subsection, a grading plan has been submitted to and approved by the Department of Environmental Protection and Sustainability; and

(ii)

Subject to paragraph (4) of this subsection, an erosion and sediment control plan has been submitted to and approved by the District.

(3)

Grading plans are not required for individual residential building lots that qualify for the use of a standard erosion and sediment control plan unless a preliminary inspection of the lot by the Department of Permits, Approvals and Inspections indicates field conditions that warrant that a grading plan is necessary to properly develop the lot.

(4)

If the grading or construction is within the Chesapeake Bay Critical Area and relates to timber harvesting occurring within any 1 year and affecting 1 or more acres of forest or developed woodland, the erosion and sediment control plan may not be approved until a forest management plan is approved by the Department of Environmental Protection and Sustainability, the forestry programs of the State Department of Natural Resources, and the County Forest Conservancy District Board.

(b)

Exemptions. The following activities are exempt from the requirements for grading and erosion and sediment control plans:

(1)

Agricultural land management practices and construction of agricultural structures that occur outside of existing wetlands, watercourses, floodplains, buffers, and habitat protection areas, provided that any agricultural land management practice determined by the Department of Permits, Approvals and Inspections or the Department of Environmental Protection and Sustainability to be the cause of an erosion or sediment condition detrimental to adjacent properties, public safety or any watercourse are required by the District to take appropriate action under the District's land use rules and regulations adopted in accordance with § 8-307 of the Agriculture Article of the Annotated Code of Maryland;

(2)

Grading activities that do not include any watercourses, floodplains, wetland areas, buffers, habitat protection areas, or forest buffers, and that disturb less than 5,000 square feet of land area and less than 100 cubic yards of earth; and

(3)

Grading activities that are subject exclusively to state approval and enforcement under state law and regulations, subject to the following conditions and requirements:

(i)

Any grading activity subject to state approval and enforcement under state law and regulations determined by the Department of Permits, Approvals and Inspections to be the cause for an erosion or sediment condition detrimental to adjacent properties, public safety, or any watercourse shall be referred to the State Department of the Environment for corrective action;

(ii)

Erosion and sediment control plans shall be prepared in accordance with and contain the information required by COMAR 26.17.01.07, and all state and local standards and specifications;

(iii)

Grading plans shall be prepared in accordance with and contain the information required by COMAR 26.17.01.09, and all state and local standards and specifications;

(iv)

If the grading permit has not been issued within 1 year after erosion and sediment control plan approval, the erosion and sediment control plans are subject to an updated review by the District;

(v)

The State Department of the Environment shall provide written notification to the county regarding the disposition of any agricultural erosion or sediment problems referred to the District; and

(vi)

The District shall provide written notification to the county regarding the disposition of any agricultural erosion or sediment problems referred to the District.

(1988 Code, § 14-195) (Bill No. 173, 1991, § 3; Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 72-12, §§ 2, 3, 1-9-2013)