In this Division III, the following terms shall have the meanings indicated. “Applicant” means the person that executes the necessary forms to apply for a permit or approval to carry out construction of a project. “Clear” means to remove the vegetative ground cover while leaving the root mat intact. “Department” means the Baltimore City Department of Public Works. See “Owner; developer”. “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. “Erosion” means the process by which land surface is worn away by the action of wind, water, ice, or gravity. “Erosion and sediment control” means a system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation. “Grade” means to disturb earth by any one or combination of methods, including excavating, filling, stockpiling, grubbing, or removing root mat or topsoil. “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. “Owner” or “developer” means a person:undertaking activities covered by this Division III; or for whose benefit activities covered by this Division III are undertaken. “Owner” or “developer” does not include a general contractor or subcontractor that does not have a proprietary interest in the project. “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>. 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. “Responsible personnel” means any foreperson, superintendent, project engineer, or other individual who is in charge of:on-site clearing and grading operations; or the implementation and maintenance of an erosion and sediment control plan. “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. “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:in one ownership; or in diverse ownership, but where:development is to be performed as part of a unit, subdivision or project; and either:the tracts, lots, or parcels of land are contiguous; or the developer is a cooperative public-private undertaking. “Standards and Specifications” means the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions. “Stormwater” means water that originates from a precipitation event. “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. Ord. 13-095 Ord. 22-125

In interpreting and applying this Division III, the following rules of interpretation apply:those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this section. 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. 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. Ord. 13-095 Ord. 22-125

For the purposes of this Division III, the following documents are incorporated by reference:the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions of it, which serves as the official City guide for soil erosion and sediment control principles, methods, and practices; and 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. 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. These terms include, among others:“Adverse impact”. “Grading unit”. “Maximum extent practicable”. “Watershed”. Ord. 13-095

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. 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. This Division III is adopted under the authority of State Environment Article, Title 4, Subtitle 1. Ord. 13-095

The Baltimore City Department of Public Works is responsible for administering and enforcing this Division III. 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. Ord. 13-095 Text Conformed 02/16/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this subsection to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

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. Ord. 13-095

In this section, the following terms have the meanings indicated. “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. “Agricultural land management practices” does not include logging and timber removal operations. “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. The following activities are exempt from this Division III:agricultural land management practices; agricultural best management practices; 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 clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations. Ord. 13-095

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. The application for variance must:be in the form that the Department requires; state the specific variance sought; explain why the variance is needed; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed site development plan. Ord. 13-095