545 SOIL EROSION AND SEDIMENT CONTROL: BUILDINGS, DEMOLITION, RAZING, AND SITE DEVELOPMENT

545.1 Erosion shall be controlled by the installation of gutters and downspouts as soon as practicable.545.2 Measures shall be taken to achieve a non-eroding velocity for stormwater exiting from a roof or downspout or to temporarily pipe that stormwater directly to a storm drain.545.3 The site work shall maximize the preservation of natural vegetation and limit the removal of vegetation to that which is necessary for construction or landscaping activity.545.4 If site conditions preclude employment of other means of erosion control, the Department may approve installation of small dikes constructed along a low-lying perimeter area of a job site.545.5 In an area along a waterbody, a buffer shall be established:- (a) By not disturbing the land immediately adjacent to the waterbody, except to restore native vegetation;

- (b) Of at least twenty-five (25) feet on both sides of the waterbody, measured perpendicular to and horizontally from the top of bank; and

- (c) With vegetation or other measures required by the Department to ensure that the buffer acts as a filter to trap sediment and keep it on-site.545.6 The Department may approve an exception to or modification of the requirement to establish a buffer for a project if:- (a) The construction activities comply with the control measures specified in the Department-approved soil erosion and sediment control plan for the project; and

- (b) By the end of construction and thereafter, the property owner:

- (1) Complies with a one and seven-tenths (1.7) inch Stormwater Retention Volume (SWRv) requirement for the area of land disturbance within the buffer, calculated using the SWRv formula in § 520, with a P equal to one and seven-tenths (1.7) inches;

(2) Applies for and receives relief from extraordinarily difficult site conditions for a portion of the one and seven-tenths (1.7) inch SWRv requirement and complies with the treatment and off-site retention requirements for the volume of relief granted; or

(3) Applies for and receives a Department determination to grant relief for a portion of the one and seven-tenths (1.7) inch SWRv requirement, on-site treatment is not feasible, and complies with the alternatives to on-site treatment that the Department approves to help to protect or restore the waterbody for which the buffer is intended; and

(c) The land disturbance is:

(1) Required to construct, install, or repair a:

(A) Public trail for walking, biking, or similar purposes;

(B) Public point of access for boating, fishing, or viewing a waterbody; or

(C) Stormwater outfall or other utility line; or

(2) Required to enable development of the rest of the site in a manner that is similar to the proposed project.

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by the Department of Environmental Services' Handbook for Erosion and Sediment Control (February 1977); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025).