1. A. The Administration shall be responsible for the implementation and supervision of the erosion and sediment control program established by the Sediment Control Subtitle. This responsibility includes but is not limited to:

   1. (1) Establishment of policies, procedures, standards, and criteria relating to erosion and sediment control;

   2. (2) The review and approval of:

      1. (a) County erosion and sediment control ordinances;
      2. (b) Municipal erosion and sediment control ordinances;
      3. (c) The Commission’s erosion and sediment control regulations;
      4. (d) Erosion and sediment control programs;
      5. (e) Erosion and sediment control plans for State projects and federal projects;
      6. (f) Other erosion and sediment control plans, as necessary; and
      7. (g) Training programs;
   3. (3) Inspection and enforcement in accordance with this chapter; and
   4. (4) Determinations on the delegation of enforcement authority in accordance with Regulation .03 of this chapter.
2. B. The Administration shall establish matters of policy, procedures, standards, criteria, approvals, and enforcement related to the Sediment Control Subtitle. The practices adopted and used by the soil conservation districts, the Commission, the counties, the municipalities, and State units are to be consistent with the guidelines and regulations adopted by the Administration.

3. C. Review and Evaluation.

   1. (1) The Administration shall periodically conduct a comprehensive review and evaluation to ensure the acceptability of all erosion and sediment control programs operating under the Sediment Control Subtitle and this chapter.

   2. (2) In conducting the review and evaluation of erosion and sediment control programs, the Administration will use the following guidelines for determining the acceptability of the program:

      1. (a) An effective erosion and sediment control ordinance or an effective set of erosion and sediment control regulations, which has been approved by the Administration, is in effect;
      2. (b) The review and approval of erosion and sediment control plans in accordance with the “2011 Maryland Standards and Specification for Soil Erosion and Sediment Control”;

      3. (c) Approved erosion and sediment control plans that provide:

         1. (i) Effective erosion and sediment control strategies; and
         2. (ii) The information necessary to enable the proper installation and maintenance of these strategies; and

      4. (d) In delegated jurisdictions, inspection and enforcement procedures that ensure:

         1. (i) Compliance with the approved erosion and sediment control plan; and
         2. (ii) Timely response to citizen complaints.
   3. (3) Upon completion of this review and evaluation, the Administration shall submit the findings of the review and evaluation to the appropriate authority.
4. D. A building or grading permit may not be issued by a county or municipality prior to erosion and sediment control plan approval unless specifically exempted by the ordinance, the regulation, or this chapter.

Authority: Environment Article, §4-101, Annotated Code of Maryland

Effective date: April 4, 1972

Chapter revised effective December 5, 1983 (10:24 Md. R. 2185)

Regulations .01 and .06 amended effective July 16, 1984 (11:14 Md. R. 1248)

Regulations .01—.04, .06—.08, and .10 amended effective December 17, 1984 (11:25 Md. R. 2130)

Regulations .02-1—.10 recodified to Regulations .03—.11

Regulation .07D-1—F recodified to Regulation .08E—G, and Regulation .08A-1—D recodified to Regulation .09B—E

Chapter recodified from COMAR 08.05.01 to COMAR 26.09.01

Regulation .01B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)

Regulation .02C amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)

Regulation .05A amended effective March 28, 1994 (21:6 Md. R. 468)

Regulation .07B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474

Regulation .08A amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)

Regulation .08F amended effective September 25, 1995 (22:19 Md. R. 1474)

Regulation .09D amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)

Regulation .11 amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)

Chapter recodified from COMAR 26.09.01 to COMAR 26.17.01, June 1996

Chapter revised effective February 6, 2012 (39:2 Md. R. 142)

Regulation .01B amended effective May 8, 2017 (44:9 Md. R. 438)

Regulation .08F amended effective May 8, 2017 (44:9 Md. R. 438)

Regulation .09D amended effective May 8, 2017 (44:9 Md. R. 438)

Regulation .11A amended effective May 8, 2017 (44:9 Md. R. 438)