Md. Code Regs. 26.17.01.03 – Delegation of Enforcement Authority.

A. A county, a municipality or the Commission may seek delegation of enforcement authority from the Secretary to enforce compliance with the provisions of the following:
1. (1) This chapter;
2. (2) An approved erosion control ordinance;
3. (3) Approved erosion and sediment control regulations; and
4. (4) Approved erosion and sediment control plans.
B. Delegation.
1. (1) The Secretary shall grant delegation of enforcement authority to a county, a municipality, or the Commission which seeks delegation and is found capable of enforcing compliance with the provisions of Regulation .09 of this chapter.
2. (2) A county, a municipality, or the Commission seeking or renewing delegation of enforcement authority shall submit a written request to the Secretary on or before October 1 immediately preceding the State fiscal year for which delegation or renewal of delegation is sought.
3. (3) The Secretary shall make a determination in writing regarding a delegation request on or before January 1 immediately preceding the State fiscal year for which delegation is sought.
4. (4) If delegation is granted, it is effective July 1 of that calendar year and for not more than 2 years, unless renewed by the Secretary.
5. (5) The Secretary may suspend delegation if a program falls below the standard of effectiveness established in Regulation .09 of this chapter. During a period of suspension, the Department shall enforce compliance in the jurisdiction.

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

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)