1. A. Each county and municipality shall adopt an erosion and sediment control ordinance in compliance with the intent and requirements of the Sediment Control Subtitle and the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”. Within 6 months of the adoption of this Subtitle, counties and municipalities shall submit ordinances and amendments to the Administration for review. Counties and municipalities shall adopt an approved ordinance within 1 year of this Subtitle’s adoption. Municipalities may adopt the erosion and sediment control ordinance of their respective county.

2. B. The Commission shall adopt erosion and sediment control regulations covering utility operations in Prince George’s and Montgomery counties that are in compliance with the intent and requirements of the Sediment Control Subtitle and the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”. Within 6 months of the adoption of this subtitle, the Commission shall develop erosion and sediment control regulations in consultation with and subject to the review and approval of the Administration, the Prince George’s Soil Conservation District, and the Montgomery Soil Conservation District as appropriate. The Commission shall adopt approved regulations within one year of this Subtitle’s adoption. The Commission’s erosion and sediment control regulations shall ensure that in addition to meeting the requirements of §C of this regulation, the following shall be included:

   1. (1) An erosion and sediment control plan must be approved by the Commission before the issuance of a permit; and
   2. (2) The Commission shall have the primary responsibility for inspection and enforcement of utility construction, if delegation of enforcement authority is granted to the Commission.

3. C. In determining the acceptability of an erosion and sediment control ordinance or regulations, the Administration shall consider, but not limit itself to, the following:

   1. (1) Scope of activities requiring grading and building permits and erosion and sediment control plans;
   2. (2) Permit and plan requirements including application procedure, plan design requirements, and time limitations;
   3. (3) Procedures to ensure that a required erosion and sediment control plan is approved by the appropriate approval authority prior to the issuance of a building or grading permit;
   4. (4) Specific inspection and enforcement procedures and options available to ensure compliance with an approved erosion and sediment control plan, if the Administration has granted delegation of enforcement authority;
   5. (5) Right of entry for inspection and enforcement activities associated with an approved erosion and sediment control plan; and
   6. (6) Stabilization requirements in accordance with the provisions of Regulation .07 of this chapter, which are to be binding regardless of whether an approved erosion and sediment control plan has been issued.
4. D. After reviewing a county’s or municipality’s erosion and sediment control ordinance or amendments, or the Commission’s erosion and sediment control regulations or amendments, the Administration shall notify the county, municipality, or Commission in writing of the acceptability of the ordinance or the regulations.

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)