Division III – Soil Erosion and Sediment Control
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Subtitle 31 – Definitions; General Provisions
Balt., Md., Code art. 7, § 31-1 (2026)
§ 31-1 Definitions.LinkCopy Citation
(a)In general.
In this Division III, the following terms shall have the meanings indicated.
(b)Applicant.
“Applicant” means the person that executes the necessary forms to apply for a permit or approval to carry out construction of a project.
(c)Clear.
“Clear” means to remove the vegetative ground cover while leaving the root mat intact.
(d)Department.
“Department” means the Baltimore City Department of Public Works.
(e)Developer.
<em>See </em>“Owner; developer”.
(f)Environmental site design.
“Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and to minimize the impact of land development on water resources.
(g)Erosion.
“Erosion” means the process by which land surface is worn away by the action of wind, water, ice, or gravity.
(h)Erosion and sediment control.
“Erosion and sediment control” means a system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
(i)Grade.
“Grade” means to disturb earth by any one or combination of methods, including excavating, filling, stockpiling, grubbing, or removing root mat or topsoil.
(k)Interested person.
“Interested person” means a person who has a legal right that could be directly and adversely affected by a specific erosion or sediment control issue.
(l)Owner; developer.
(1)General.
“Owner” or “developer” means a person:
(i)
undertaking activities covered by this Division III; or
(ii)
for whose benefit activities covered by this Division III are undertaken.
(2)Exclusions.
“Owner” or “developer” does not include a general contractor or subcontractor that does not have a proprietary interest in the project.
(m)Person.
(1)In general.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
(2)Qualified inclusion of governmental entities.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this Division III “person” also includes, except as used in <cite data-path="|general|35|1|35-13|(b)">§ 35-13(b){“Criminal penalties”}</cite>, a governmental entity or an instrumentality or unit of a governmental entity.
(n)Responsible personnel.
“Responsible personnel” means any foreperson, superintendent, project engineer, or other individual who is in charge of:
(1)
on-site clearing and grading operations; or
(2)
the implementation and maintenance of an erosion and sediment control plan.
(o)Sediment.
“Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means.
(p)Site.
“Site” means any tract, lot, parcel of land, or area of construction, or any combination of tracts, lots, parcels of land, or areas of construction that are:
(1)
in one ownership; or
(2)
in diverse ownership, but where:
(i)
development is to be performed as part of a unit, subdivision or project; and
(ii)
either:
A.
the tracts, lots, or parcels of land are contiguous; or
B.
the developer is a cooperative public-private undertaking.
(q)Standards and Specifications.
“Standards and Specifications” means the <em>2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control </em>or any subsequent revisions.
(r)Stormwater.
“Stormwater” means water that originates from a precipitation event.
(s)Stormwater management system.
“Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site.
History: Ord. 13-095
History: Ord. 22-125
Balt., Md., Code art. 7, § 31-2 (2026)
§ 31-2 Rules of interpretation.LinkCopy Citation
(a)In general.
In interpreting and applying this Division III, the following rules of interpretation apply:
(i)
those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and
(ii)
any additional rules contained in this section.
(b)Conflicting provisions.
(1)Division sets minimum requirements.
In their interpretation and application the provisions of this Division III must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2)Most restrictive provision governs.
If any condition imposed by a provision of this Division III is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs.
History: Ord. 13-095
History: Ord. 22-125
Balt., Md., Code art. 7, § 31-3 (2026)
§ 31-3 Incorporation by reference.LinkCopy Citation
(a)In general.
For the purposes of this Division III, the following documents are incorporated by reference:
(1)
the <em>2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control </em>or any subsequent revisions of it, which serves as the official City guide for soil erosion and sediment control principles, methods, and practices; and
(2)
the City’s Erosion and Sediment Control Manual, which supplements the State’s Standards and Specifications as it relates to soil erosion and sediment control principals, methods, and practices in the City.
(b)Defined terms.
(1)
Terms used in the Standards and Specifications have the meanings ascribed to them in that document or otherwise by the Maryland Department of the Environment.
(2)
These terms include, among others:
(i)
“Adverse impact”.
(ii)
“Grading unit”.
(iii)
“Maximum extent practicable”.
(iv)
“Watershed”.
History: Ord. 13-095
Balt., Md., Code art. 7, § 31-4 (2026)
§ 31-4 Purpose, goal, authority.LinkCopy Citation
(a)Purpose.
The purpose of this Division III is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances.
(b)Goal.
The goal of this Division III is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with governing law and regulations.
(c)Authority.
This Division III is adopted under the authority of State Environment Article, Title 4, Subtitle 1.
History: Ord. 13-095
Balt., Md., Code art. 7, § 31-5 (2026)
§ 31-5 Administration.LinkCopy Citation
(a)In general.
The Baltimore City Department of Public Works is responsible for administering and enforcing this Division III.
(b)Rules and regulations.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department may adopt rules and regulations to carry out this Division III.
History: Ord. 13-095
History: Text Conformed 02/16/21
Balt., Md., Code art. 7, § 31-6 to 31-8 (2026)
§§ 31-6 to 31-8LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 31-8 (2026)
§ 31-8 Prohibited conduct generally.LinkCopy Citation
Except as otherwise provided in this Division III, no person may disturb land without implementing soil erosion and sediment controls in accordance with this Division III and the Standards and Specifications.
History: Ord. 13-095
Balt., Md., Code art. 7, § 31-9 (2026)
§ 31-9 Exemptions.LinkCopy Citation
(a)Definitions.
(1)In general.
In this section, the following terms have the meanings indicated.
(2)Agricultural land management practices.
(i)In general.
“Agricultural land management practices” means those methods and procedures used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources.
(ii)Exclusions.
“Agricultural land management practices” does not include logging and timber removal operations.
(3)Best management practice.
“Best management practice” means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
(b)Exempt activities.
The following activities are exempt from this Division III:
(1)
agricultural land management practices;
(2)
agricultural best management practices;
(3)
clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and
(4)
clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations.
History: Ord. 13-095
Balt., Md., Code art. 7, § 31-10 (2026)
§ 31-10 Variances.LinkCopy Citation
(a)When authorized.
The Department may grant a variance from any requirement of this Division III if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in exceptional hardship and not fulfill the intent of this Division III.
(b)Application for variance.
The application for variance must:
(i)
be in the form that the Department requires;
(ii)
state the specific variance sought;
(iii)
explain why the variance is needed;
(iv)
contain any other information that the Department requires; and
(v)
be submitted to the Department with the applicant’s proposed site development plan.
History: Ord. 13-095
Subtitle 32 – Erosion and Sediment Control Plans
Balt., Md., Code art. 7, § 32-1 (2026)
§ 32-1 Definitions.LinkCopy Citation
(a)In general.
In this subtitle, the following terms have the meanings indicated.
(b)Approval.
(1)In general.
“Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s development process.
(2)Exclusions.
“Approval” does not include an acknowledgment by the Department that material has been received for review.
(c)Drainage area.
“Drainage area” means an area, measured in a horizontal plane, that:
(1)
contributes runoff to a single point; and
(2)
is enclosed by a ridge line.
(d)Stabilization.
“Stabilization” means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, or structural means.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-2 (2026)
§ 32-2 Plans required.LinkCopy Citation
Except as otherwise provided in this Division III, no person may grade land without erosion and sediment control plans approved by the Department.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-3 (2026)
§ 32-3 Review and approval of plans.LinkCopy Citation
(a)Review and comment.
(1)
The Department must comprehensively review erosion and sediment control plans for each phase of the site design to determine compliance with this Division III.
(2)
For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works.
(3)
At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions.
(b)Conditions.
In approving a plan, the Department may impose conditions that the Department considers necessary or appropriate to ensure:
(1)
compliance with this Division III; and
(2)
the preservation of public health and safety.
(c)Notification.
After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of either:
(1)
the Department’s approval of the plan;
(2)
the Department’s disapproval of the plan, together with:
(i)
the reasons for disapproval; and
(ii)
any modifications that the Department requires for approval; or
(3)
if no decision has been made:
(i)
the status of the review process; and
(ii)
the anticipated date of completion.
(d)Endorsement.
(1)
The final erosion and sediment control plan may not be considered approved without the inclusion of the Department’s dated signature on the plan.
(2)
Approved plans remain valid for 2 years from the date of approval, unless extended or renewed by the Department.
(e)“Grandfathering” of approved plans.
(1)
Any plans that receive final approval after January 9, 2013, must be in compliance with the requirements of this Division III and the Standards and Specifications.
(2)
A plan that receives final approval on or before January 9, 2013, may be reapproved under its existing conditions, except for stabilization requirements, if grading activities begin on the site on or before January 9, 2015.
(3)
Stabilization practices on all sites must be in compliance with the requirements of this Division III and the Standards and Specifications on or before January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-4 (2026)
§ 32-4 Contents of plans.LinkCopy Citation
(a)Submission.
An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Department, this Division III, and all other applicable provisions of the Baltimore City Code.
(b)Tenor of plans.
The plans must include sufficient information to evaluate:
(1)
the environmental characteristics of the affected areas;
(2)
the potential impacts of the proposed grading on water resources; and
(3)
the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation.
(c)Minimum information.
At a minimum, applicants must submit the following information for the concept, site development, and final erosion and sediment control phases of project design:
(1)
a letter of transmittal or application;
(2)
a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;
(3)
plan submittals as specified in § 32-5 {“Concept plan”}, § 32-6 {“Site development plan”}, and § 32-7 Final ... plans”}; and
(4)
the name, address, and telephone number of:
(i)
the owner of the property where the grading is proposed;
(ii)
the developer; and
(iii)
the applicant.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-5 (2026)
§ 32-5 Concept plan.LinkCopy Citation
(a)In general.
The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether erosion and sediment control can be provided according to this Division III.
(b)Minimum contents.
Plans submitted for concept approval must include:
(1)
a map, at a scale specified by the Department, showing:
(i)
the proposed limit of disturbance;
(ii)
topography;
(iii)
existing natural resources;
(iv)
wetlands;
(v)
floodplains;
(vi)
water bodies;
(vii)
highly erodible soils;
(viii)
natural drainage patterns; and
(ix)
any other sensitive areas to be protected during construction;
(2)
a general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(3)
the anticipated location of all:
(i)
impervious areas;
(ii)
buildings;
(iii)
roadways;
(iv)
parking;
(v)
sidewalks;
(vi)
utilities; and
(vii)
other site improvements; and
(4)
any other information that the Department requires.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-6 (2026)
§ 32-6 Site development plan.LinkCopy Citation
(a)In general.
Unless otherwise directed by the Department, after approval of the concept plan, the applicant must submit site development plans that reflect comments received during the previous review phase.
(b)Minimum contents.
Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed and must include:
(1)
all information provided during the concept plan review phase;
(2)
drainage area maps that show, at a minimum scale of 1" = 200':
(i)
existing, interim, and proposed topography;
(ii)
proposed improvements;
(iii)
standard symbols for proposed sediment control features; and
(iv)
pertinent drainage information, including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system;
(3)
a proposed erosion and sediment control plan that contains:
(i)
the existing and proposed topography and improvements, at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval;
(ii)
interim contours for projects with more than minor grading, if required by the Department;
(iii)
scale, project, and sheet title, and north arrow on each plan sheet;
(iv)
the limit of disturbance, including:
A.
limit of grading (grading units, if applicable); and
B.
initial, interim, and final phases;
(v)
storm drainage features, including:
A.
existing and proposed bridges, storm drains, culverts, outfalls, etc.;
B.
velocities and peak flow rates at outfalls for the 2-year and 10-year frequency storm events; and
C.
site conditions around points of all surface water discharge from the site;
(vi)
any phasing necessary to limit earth disturbances and impacts to natural resources; and
(vii)
an overlay plan that shows the types and locations of stormwater practices and erosion and sediment control practices to be used;
(4)
a narrative that indicates how proposed erosion and sediment control practices will be integrated with proposed stormwater management strategy using environmental site design in accordance with Division II of <cite data-path="|7">this article</cite>; and
(5)
any other information that the Department requires.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-7 (2026)
§ 32-7 Final erosion and sediment control and stormwater management plans.LinkCopy Citation
(a)In general.
After site development plan approval, the applicant must submit final erosion and sediment control plans and stormwater management plans that reflect the comments received during the previous review phase.
(b)Minimum contents.
Plans submitted for final approval must be of sufficient detail to allow all approvals and permits to be issued and must include:
(1)
all information provided during the concept and site development plan review phase;
(2)
erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation, including:
(i)
the salvage and reuse of topsoil;
(ii)
phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration;
(iii)
location and type of all proposed sediment control practices;
(iv)
design details and data for all erosion and sediment control practices; and
(v)
specifications for temporary and permanent stabilization measures, including at a minimum:
A.
the “Standard Stabilization Note” on the plan stating:
“Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
1.
3 calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and
2.
7 calendar days as to all other disturbed or graded areas on the project site not under active grading.”;
B.
details for areas requiring accelerated stabilization; and
C.
maintenance requirements as defined in the Standards and Specifications;
(3)
a sequence of construction that:
(i)
describes the relationship between the implementation of controls and the maintenance of controls, including permanent and temporary stabilization, and the various stages or phases of earth disturbance and construction; and
(ii)
includes the following, at a minimum:
A.
request for a pre-construction meeting with the Department;
B.
clearing and grubbing as necessary for the installation of perimeter controls;
C.
construction and stabilization of perimeter controls;
D.
remaining clearing and grubbing within installed perimeter controls;
E.
road grading;
F.
grading for the remainder of the site;
F.
utility installation and connections to existing structures;
G.
construction of buildings and roads;
H.
other construction;
I.
final grading, landscaping, and stabilization;
J.
installation of stormwater management measures;
K.
obtaining approval by the Department before removal of sediment controls; and
L.
removal of sediment controls and stabilization of areas that are disturbed by the removal;
(4)
a statement requiring the owner, developer, or representative to contact the Department or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan, grading permit, or building permit:
(i)
before the start of earth disturbance;
(ii)
after the installation of perimeter erosion and sediment controls is complete, but before proceeding with any other earth disturbance or grading;
(iii)
before the start of another phase of construction or the opening of another grading unit; and
(iv)
before the removal of sediment control practices;
(5)
certification by the owner or developer that:
(i)
any clearing, grading, construction, or development will be done pursuant to the approved erosion and sediment control plan; and
(ii)
the responsible personnel involved in the construction project will have, before the project begins, a Certificate of Training from an MDE approved training program for the control of erosion and sediment; and
(iii)
the City Department of Public Works, City Department of Housing and Community Development, and Maryland Department of the Environment will be allowed right of entry for periodic on-site evaluation; and
(6)
if required by the Department or the Maryland Department of the Environment, certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards; and
(7)
any additional information considered appropriate by the Department.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-8 (2026)
§ 32-8 Modifications to plans.LinkCopy Citation
(a)In general.
The Department may approve modifications to approved plans as necessary.
(b)Who may request.
Modifications may be requested by the owner or developer or by the Department.
(c)Minor modifications.
(1)
The Department may include in its Erosion and Sediment Control Manual a list of minor modifications that the Department may approve as field revisions.
(2)
The Maryland Department of the Environment must approve the list before its implementation.
History: Ord. 13-095
Balt., Md., Code art. 7, § 32-9 (2026)
§ 32-9 Standard erosion and sediment control plan.LinkCopy Citation
(a)Department may adopt.
The Department may include in its Erosion and Sediment Control Manual a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.
(b)Requirements.
(1)
A standard erosion and sediment control plan must meet the requirements of this Division III and the Standards and Specifications.
(2)
The Maryland Department of the Environment must approve the standard plan before its adoption.
History: Ord. 13-095
Subtitle 33 – Permits; Fees; Security
Balt., Md., Code art. 7, § 33-1 (2026)
§ 33-1 Approved plan prerequisite to permits.LinkCopy Citation
For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued or extended unless a final erosion and sediment control plan has been approved by the Department.
History: Ord. 13-095
Balt., Md., Code art. 7, § 33-2 (2026)
§ 33-2 Fees.LinkCopy Citation
(a)Payable at each phase.
Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development.
(b)Fee schedule.
(1)
The fees assessed under this Division III are in addition to the usual fees charged for grading and building permits.
(2)
Fees are assessed for plan reviews, administration and management of the approval process, inspections, and the like.
(3)
The amount of the fees are as set forth in the fee schedule established from time to time by the Board of Estimates. The fee schedule shall be based on the relative complexity of a project.
History: Ord. 13-095
Balt., Md., Code art. 7, § 33-3 (2026)
§ 33-3 Performance bond.LinkCopy Citation
(a)Required.
For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued until the applicant posts a surety or cash bond or other means of security acceptable to the Department.
(b)Amount.
(1)
The amount of the security must be equal to at least the estimated cost of the installation, maintenance, and removal of the erosion and sediment controls shown on the approved plan.
(2)
This estimate must be prepared by the applicant and submitted with the plan.
(c)Tenor.
The security required by this section must provide for forfeiture on failure to:
(1)
complete all work specified in the approved erosion and sediment control plan;
(2)
comply with any provision of this Division III or of any other applicable law, rule, or regulation; or
(3)
comply with any applicable time limitations.
(d)Release.
The security may not be released until the Department conducts a final inspection of the completed work.
History: Ord. 13-095
Subtitle 34 – Inspections; Investigations
Balt., Md., Code art. 7, § 34-1 (2026)
§ 34-1 Inspections required.LinkCopy Citation
(a)In general.
Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on an average of once every 2 weeks.
(b)Plan to be maintained on site.
The owner or developer must maintain a copy of the approved erosion and sediment control plan on site.
History: Ord. 13-095
Balt., Md., Code art. 7, § 34-2 (2026)
§ 34-2 By whom conducted.LinkCopy Citation
All inspections under this Division III must be conducted by:
(1)
the Department; or
(2)
the Department’s authorized representative.
History: Ord. 13-095
Balt., Md., Code art. 7, § 34-3 (2026)
§ 34-3 Reports on inspections.LinkCopy Citation
(a)Required.
The Department must prepare a written report after every inspection.
(b)Contents.
The report must describe:
(1)
the date and location of the site inspection;
(2)
whether the approved plan has been properly implemented and maintained;
(3)
practice deficiencies or erosion and sediment control plan deficiencies;
(4)
if a violation exists, the type of enforcement action taken; and
(5)
if applicable, a description of any modifications to the plan.
History: Ord. 13-095
Balt., Md., Code art. 7, § 34-4 to 34-5 (2026)
§§ 34-4 to 34-5LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 34-6 (2026)
§ 34-6 Right of entry.LinkCopy Citation
It is a condition of every grading or building permit that the Department has the right to enter property periodically to inspect for compliance with the approved plan and this Division III.
History: Ord. 13-095
Balt., Md., Code art. 7, § 34-7 (2026)
§ 34-7 Investigations.LinkCopy Citation
(a)On complaint.
The Department must:
(1)
accept and investigate complaints from interested persons about erosion and sediment control issues;
(2)
conduct an initial investigation within 3 working days from receipt of the complaint;
(3)
notify the complainant of the initial investigation and findings within 7 days from receipt of the complaint; and
(4)
take appropriate action when violations are discovered during the course of the complaint investigation.
(b)On own initiative.
The Department may also undertake, on its own initiative, investigations of suspected erosion and sediment control issues on all properties.
(c)Posting of findings.
The Department must post on its website the Department’s findings on all investigations, whether initiated by interested persons or on the Department’s own initiative.
History: Ord. 13-095
Subtitle 35 – Enforcement; Reviews; Penalties
Balt., Md., Code art. 7, § 35-1 (2026)
§ 35-1 Violation notices.LinkCopy Citation
(a)Notice required.
If a violation is found, the Department must provide written notice of the violation to:
(1)
the owner or developer; and
(2)
the responsible personnel.
(b)Contents.
The notice must describe:
(1)
the nature of the violation;
(2)
the required corrective action; and
(3)
the time period within which the violation must be corrected.
(c)Posting of violation notices.
The Department must post on its website a copy of all notices of violations issued under this section.
History: Ord. 13-095
Balt., Md., Code art. 7, § 35-2 (2026)
§ 35-2 Enforcement of notice.LinkCopy Citation
(a)In general.
Any one or a combination of the following actions may be taken to enforce a violation notice.
(b)Stop work order.
If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site.
(c)Bond forfeiture; other action.
If reasonable efforts to correct the violation have not been undertaken, the Department may:
(1)
cause the performance bond or other security to be forfeited; and
(2)
refer the matter for legal action, including pursuit of criminal and civil penalties under <cite data-path="|7|§35-9">§ 35-9 of this subtitle</cite>.
(d)Civil liability.
In addition to any other sanction under this Division III, a person who fails to install or maintain erosion and sediment controls in accordance with an approved plan is liable in a civil action to the City or the State, as the case may be, for damages in an amount equal to double the cost of installing or maintaining the controls.
History: Ord. 13-095
Balt., Md., Code art. 7, § 35-3 (2026)
§ 35-3 Injunctive relief.LinkCopy Citation
Any State or City agency or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Division III.
Balt., Md., Code art. 7, § 35-4 (2026)
§ 35-4LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 35-5 (2026)
§ 35-5 Administrative review – In general.LinkCopy Citation
(a)Right of appeal.
Any person aggrieved by the action of any official charged with the enforcement of this Division III, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division III, or otherwise:
(1)
may appeal the action to the Director of Public Works;
(2)
on timely request, is entitled to a hearing on that appeal.
(b)When and how taken.
The appeal must:
(1)
be in writing;
(2)
clearly state the grounds on which the appeal is based;
(3)
if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and
(4)
be filed with the Director within 10 days of the action in dispute.
History: Ord. 13-095
History: Ord. 14-307
Balt., Md., Code art. 7, § 35-6 (2026)
§ 35-6 Administrative review – Delegation of hearing authority.LinkCopy Citation
(a)In general.
Hearings may be conducted by:
(1)
the Director of Public Works; or
(2)
a hearing officer designated by the Director.
(b)Scope of delegation.
The Director may delegate to a hearing officer the authority to issue:
(1)
proposed or final findings of fact;
(2)
proposed or final conclusions of law;
(3)
proposed or final findings of fact and conclusions of law;
(4)
proposed or final orders; or
(5)
the final administrative decision of the Department.
History: Ord. 13-095
History: Ord. 15-331
Balt., Md., Code art. 7, § 35-7 (2026)
§ 35-7 Administrative review – Conduct of hearing.LinkCopy Citation
(a)Notice.
(1)
The Director of Public Works must provide all parties reasonable written notice of the hearing.
(2)
The notice must state:
(i)
the date, time, place, and nature of the hearing;
(ii)
the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative;
(iii)
the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§35-8">§ 35-8 of this subtitle</cite>; and
(iv)
that failure of a party to appear for the scheduled hearing may result in an adverse action against the party.
(b)Hearings to be open and informal.
Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:
(1)
open to the public; and
(2)
conducted in an orderly but informal manner.
History: Ord. 13-095
Balt., Md., Code art. 7, § 35-8 (2026)
§ 35-8 Administrative review – Evidence.LinkCopy Citation
(a)In general.
Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.
(b)Right to submit.
A party is entitled to:
(1)
call witnesses;
(2)
offer evidence, including rebuttal evidence;
(3)
cross-examine any witness that another party or the Department calls; and
(4)
present summation and argument.
(c)Scope.
The Director or hearing officer:
(1)
may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;
(2)
may not exclude evidence solely on the basis that it is hearsay;
(3)
must give effect to a privilege recognized by law;
(4)
may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;
(5)
may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and
(6)
may exclude evidence that is:
(i)
incompetent;
(ii)
irrelevant;
(iii)
immaterial; or
(iv)
unduly repetitious.
History: Ord. 13-095
Balt., Md., Code art. 7, § 35-9 (2026)
§ 35-9 Administrative review – Final decisions.LinkCopy Citation
(a)Form and contents.
The final decision must:
(1)
be in writing; and
(2)
contain separate statements of:
(i)
the findings of fact;
(ii)
the conclusions of law; and
(iii)
the decision or order.
(b)Distribution.
A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.
History: Ord. 13-095
History: Ord. 15-331
Balt., Md., Code art. 7, § 35-10 (2026)
§ 35-10LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 35-11 (2026)
§ 35-11 Judicial and appellate review.LinkCopy Citation
(a)Judicial review.
A party aggrieved by a final decision of the Department under this Division III may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
(b)Appellate review.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
History: Ord. 13-095
History: Ord. 19-332
Balt., Md., Code art. 7, § 35-12 (2026)
§ 35-12LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 35-13 (2026)
§ 35-13 Penalties.LinkCopy Citation
(a)Civil fines.
(1)
The Department may impose civil fines for violations of this Division III.
(2)
The amount of the fines are as set forth in the fine schedule established from time to time by the Department with the approval of the Board of Estimates.
(3)
No fine may exceed $1,000 for any1 offense.
(b)Criminal penalties.
Any person who violates any provision of this Division III or of any rule or regulation adopted under or incorporated into this Division III is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each offense.
(c)Each day a separate offense.
Each day that a violation continues is a separate offense.
History: Ord. 13-095