Article I. Erosion and Sediment Control.
Montgomery County, Md., Code § 19-1 (2026)
Sec. 19-1. Purpose and scope.LinkCopy Citation
The purpose of this Chapter 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 is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with the applicable state law and regulations. Implementing this Chapter will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property.
This Chapter contains minimum erosion and sediment control requirements and does not limit or repeal any other powers granted to the County by State law.
Montgomery County, Md., Code § 19-1A (2026)
Sec. 19-1A. Definitions.LinkCopy Citation
In this Article, these words and phrases have the following meanings:
Administration means the Maryland Department of the Environment Water Management Administration.
Adverse impact means any deleterious effect on any water or wetland, including its quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which is, or may become, potentially harmful to human health, welfare, safety or property, biological productivity, diversity, or stability.
Agricultural land management practice means a method or procedure used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources. Agricultural land management practice does not include logging and timber removal operation.
Applicant means any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to construct a project.
As-built plan means a record drawing or plan prepared and certified by a licensed professional engineer or land surveyor that represents the actual dimensions, contours, elevations, and other characteristics of a completed structure or facility.
Best management practice means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce pollution, and provide other amenities.
Clearing means the act of removing vegetative cover in a manner that does not disturb root mat or the existing soil surface.
Concept plan means the first of 3 plans submitted under the comprehensive review and approval process required by state law and includes the information necessary to allow an initial evaluation of a proposed project.
Department means the Department of Permitting Services.
Director means the Director of the Department of Permitting Services or the Director’s designee.
District means the Montgomery Soil Conservation District.
Drainage area means the area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.
Environmental site design means the use of small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.
Erosion means the process by which the ground surface is worn by the action of the wind, water, ice, gravity, or artificial means.
Erosion and sediment control means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.
Erosion and sediment control plan means an erosion and sediment control strategy or plan designed to minimize erosion and off-site sedimentation.
Excavating means any act by which soil, earth, sand, gravel, rock, or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and includes the conditions that result from that act.
Filling means any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, pulled, or transported, and includes the conditions that result from that act.
Final erosion and sediment control plan means, along with the final stormwater management plan, the last of 3 plans submitted under the comprehensive review and approval process required by state law. A final erosion and sediment control plan must be prepared and approved as required by the Department and this Chapter and designed under state Standards and Specifications.
Finished grade means the final grade or elevation of the ground surface conforming to the approved grading plan.
Grading mean an act by which soil is cleared, stripped, stockpiled, or any combination thereof.
Grading unit means the maximum contiguous area allowed to be graded at a given time. For this Chapter, a grading unit is 20 acres or less.
Highly erodible soil means soil with a slope greater than 15% or soil with a soil erodibility factor greater than 0.35 and with slopes greater than 5%.
Inspection agency means the Administration or, if delegated enforcement authority, the Department.
Land-disturbing activity means any earth movement and land changes which may result in soil erosion from water or wind or the movement of sediments into state waters or onto lands in the state, including tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.
Low-maintenance ground cover means vegetative ground cover that provides a thick, stabilizing root mat on slopes with a gradient between 3:1 and 2:1, and continues to provide that stabilization without requiring mowing or fertilization more than once each year.
Maximum extent practicable means designing a stormwater management system so that all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural best management practice implemented.
Natural ground surface means the ground surface in its original state before grading, stripping, excavating or filling, or other land-disturbing activities.
Owner/Developer means a person undertaking, or for whose benefit is undertaken, any activity covered by this Chapter. Owner/Developer does not include a general contractor or subcontractor who does not have a proprietary interest in a project.
Permit means the sediment control permit issued by the Department authorizing land-disturbing activity under this Chapter.
Permittee means any person to whom a permit is issued under this Chapter.
Person means the federal government, the State, any county, municipality, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
Professional engineer means an engineer duly registered by the State to practice professional engineering under state law.
Professional land surveyor means a person who is duly registered and licensed as such under state law.
Responsible personnel means any foreman, superintendent, or project engineer 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, soil, sand, stone, or other surface material transported or deposited by the action of wind, water, ice, or gravity.
Site means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land that are contiguous and in one ownership, or contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.
Site development plan means the second of 3 plans submitted under the comprehensive review and approval process required by state law. A site development plan must include the information necessary to allow a detailed evaluation of a proposed project.
Stabilization means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measure, or structural means.
Slope means the inclined surface of a fill, excavation, or natural terrain.
Soil means any earth, sand, gravel, rock, or any other similar material.
Standards and specifications means the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” or any later revision.
Stormwater means water that originates from a precipitation event.
Stormwater management system means a natural area, environmental site design practice, stormwater management measure, or any other structure through which stormwater flows, infiltrates, or discharges from a site.
Stripping means any activity which removes the vegetative surface cover, including tree felling or removal, clearing, grubbing and storage, or removal of topsoil.
Tree means any woody plant having at least 1 well-defined stem or trunk measuring at least 3 inches in diameter at breast height.
Tree canopy means the area of one or many crowns of the trees on a site, including trees in forested areas.
Variance means a modification of minimum erosion and sediment control requirements for exceptional circumstances when strict adherence to the requirements would result in unnecessary hardship and not achieve the purposes of this Chapter.
Watercourse means any natural or artificial watercourse, including any stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently. Watercourse includes an adjacent area that is subject to inundation from overflow or floodwater.
Watershed means the total drainage area contributing runoff to a single point.
Montgomery County, Md., Code § 19-2 (2026)
Sec. 19-2. Permits required.LinkCopy Citation
(a)
Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit.
(b)
A permit is not required under this Chapter for:
(1)
any minor land-disturbing activity that:
(A)
is not associated with construction of a new residential or commercial building;
(B)
involves less than 100 cubic yards of earth movement;
(C)
disturbs less than 5,000 square feet of surface area;
(D)
is not associated with a change of use from residential to any other use; and
(E)
is promptly stabilized to prevent erosion and sedimentation;
(2)
accepted agricultural land management practices and agricultural best management practices used in the cultivation of land to further crop and livestock production, such as plowing and construction of an agricultural structure on land that:
(A)
has been farmed by, or with the permission of, the same owner during the preceding 5 years; or
(B)
in the event of a transfer of ownership or other appropriate circumstance, is the subject of a declaration of intent to farm under state tax law or a comparable declaration filed with the Department by the owner;
(3)
tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area;
(4)
utility work performed under a Washington Suburban Sanitary Commission utility sediment control permit; or
(5)
any clearing or grading activity that is subject exclusively to State approval and enforcement under State law and regulations.
Montgomery County, Md., Code § 19-3 (2026)
Sec. 19-3. Application for permit.LinkCopy Citation
(a)
An application for a permit must be filed on forms approved by the Department and include:
(1)
all information required by the Department, including identity of property owner, developer of the property, and land-disturbing activity to be performed;
(2)
written permission from the owner for agents of the Department to enter the property specified in the application for inspection and enforcement under this Chapter;
(3)
all required fees;
(4)
all related soil erosion and sediment control plans; and
(5)
any required financial security.
(b)
A separate permit is required for each site.
(c)
A sediment control permit is transferable.
(d)
A permit must not be issued for land disturbance associated with building or development that is not permitted by applicable zoning, special exceptions, and variances.
(e)
A permit must not be issued to a person who must comply with Chapter 22A until a final forest conservation plan is approved and any required financial security is provided. However, a permit may be issued before a final forest conservation plan is approved if the land-disturbing activity is specified on the approved preliminary plan of subdivision, preliminary forest conservation plan, project plan, development plan, sketch plan, floating zone plan, or approved plan amendment. Any land-disturbing activity must comply with all terms and conditions of the permit.
(f)
The Department must issue a permit to an applicant if the application and plans comply with this Chapter, applicable regulations, and the Standards and Specifications.
(g)
A sediment control permit must not be issued for any grading or land-disturbing activity that is located in or within 25 feet of a 100-year floodplain if the activity requires and has not received a floodplain district permit under Article III.
Montgomery County, Md., Code § 19-4 (2026)
Sec. 19-4. Variances.LinkCopy Citation
The Department may only grant a variance from the requirements of the Standards and Specifications when strict adherence will result in exceptional hardship and not achieve the purposes of this Article. The applicant must submit a written request for a variance to the Department. The request must specify the variance sought and the reasons to allow it. The Department must not grant a variance unless the unique circumstances of the site justify the variance.
Montgomery County, Md., Code § 19-4A (2026)
Sec. 19-4A. Review and approval of erosion and sediment control plans.LinkCopy Citation
(a)
The Department must review each erosion and sediment control plan to determine compliance with this Chapter and the Standards and Specifications before the plan can be approved. In approving a plan, the Department may impose conditions necessary to ensure compliance with this Chapter and state law and to protect public health and safety.
(b)
The review and approval process must be part of the comprehensive and integrated plan approval process described in state law.
(c)
A concept plan must at least include the mapping of natural resources and sensitive areas, including highly erodible soils and slopes greater than 15%. If these areas would not remain undisturbed, either the concept or site development plan must describe any enhanced protection strategy for these areas during construction.
(d)
A site development plan application must include all concept plan information and indicate how any proposed erosion and sediment control practice will be integrated with any proposed stormwater management practice. The stormwater management practice must be shown through a narrative and an overlay plan showing both environmental site design and any erosion and sediment control practice. An applicant should submit an initial sequence of construction and proposed project phasing to achieve the grading unit restriction. If the Director approves, the concept plan and site development plan may be combined.
(e)
An applicant must submit a final erosion and sediment control plan to the Department for review and approval. The plan must include all information required by the concept plan and site development plan and any relevant information not already submitted.
(f)
A final erosion and sediment control plan is not approved until the Department signs and dates the plan.
Montgomery County, Md., Code § 19-5 (2026)
Sec. 19-5. Modifications of plans.LinkCopy Citation
(a)
Any major modification of an approved plan must be submitted to the Department and processed in the same manner as the original plan, where:
(1)
field inspection or evaluation of the plan has revealed the inadequacy of the plan to accomplish erosion and sediment control objectives; or
(2)
the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out.
(b)
The Department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, other properties, or the general public from damage, that will remain in effect until modifications or revisions to the plan are approved and implemented.
(c)
The Department may allow a minor field modification if the modification is consistent with this Chapter, regulations, and state law. The Department must establish a list of allowable field modifications, subject to approval by the Administration.
(d)
If a violation of the limits of disturbance shown on the approved plan involves removal or damage to trees, the permittee must obtain and implement an approved reforestation plan from the Planning Board.
Montgomery County, Md., Code § 19-5A (2026)
Sec. 19-5A. Contents of an erosion and sediment control plan.LinkCopy Citation
(a)
An applicant is responsible for submitting an erosion and sediment control plan that meets the requirements of the Department, this Chapter, and state law. The plan must include sufficient information to evaluate the environmental characteristics of the affected area, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of any measure proposed to minimize soil erosion and off-site sedimentation.
(b)
An applicant must at least submit:
(1)
a letter of transmittal and/or application;
(2)
the name, address, and telephone number of:
(A)
the owner of the property where the grading is proposed;
(B)
the developer; and
(C)
the applicant;
(3)
a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;
(4)
a drainage area map at 1" = 200' minimum scale, showing existing, interim, and proposed topography, any proposed improvement, standard symbols for proposed sediment control features, and pertinent drainage information, including provisions to protect downstream areas from erosion for at least the closer of 200 feet downstream or the next conveyance system;
(5)
the location of any natural resource, wetland, floodplain, highly erodible soil, slopes 15% and steeper, and any other sensitive area;
(6)
a general description of the predominant soil types on the site, as described in appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(7)
any proposed stormwater management practice;
(8)
an erosion and sediment control plan, including:
(A)
the existing topography and improvements, and any proposed topography and improvements, at a scale between 1" = 10' and 1' = 50' with 2 foot contours or another approved contour interval. For any project with more than minor grading, interim contours may also be required;
(B)
scale, project and sheet title, and north arrow on each plan sheet;
(C)
the limit of disturbance (LOD), including:
(i)
limit of grading (grading units, if applicable);
(ii)
initial, interim, and final phases; and
(iii)
staging and stockpile areas, including those on existing impervious areas;
(D)
the proposed grading and earth disturbance, including:
(i)
total disturbed area;
(ii)
volume of cut and fill quantities; and
(iii)
volume of borrow and spoil quantities;
(E)
any storm drainage feature, including:
(i)
any existing or proposed bridge, storm drain, culvert, or outfall;
(ii)
velocities and peak flow rates at outfalls for 2-year and 10-year frequency storm events; and
(iii)
site conditions around points of all surface water discharge from the site;
(F)
any erosion and sediment control practice to minimize on-site erosion and prevent off-site sedimentation, including:
(i)
salvage and reuse of topsoil;
(ii)
phased construction and implementation of a grading unit to minimize disturbance, both in extent and duration;
(iii)
the location and type of any proposed sediment control practice;
(iv)
design details and data for any erosion and sediment control practice; and
(v)
any specification for any temporary and permanent stabilization measure, including:
1. the “Standard Stabilization Note” on the plan stating:
“Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
a. 3 calendar days as to the surface of any perimeter dike, swale, ditch, perimeter slope, and any slope steeper than 3 horizontal to 1 vertical (3:1); and
b. 7 calendar days as to any other disturbed or graded area on the project site not under active grading.”;
2. any detail for an area requiring accelerated stabilization; and
3. any maintenance requirement under state law;
(G)
a sequence of construction describing the relationship between the implementation and maintenance of any control, including permanent and temporary stabilization, and the stages or phases of each disturbance and construction. The Department must approve any revision to the sequence of construction before construction begins. The sequence of construction must include:
(i)
a request for a pre-construction meeting with the appropriate enforcement authority;
(ii)
clearing and grubbing as necessary to install perimeter controls;
(iii)
construction and stabilization of perimeter control;
(iv)
remaining clearing and grubbing within installed perimeter controls;
(v)
road grading;
(vi)
grading for the rest of the site;
(vii)
utility installation and connections to each existing structure;
(viii)
construction of any building, road, and other construction;
(ix)
final grading, landscaping, and stabilization;
(x)
installation of any stormwater management measure;
(xi)
approval of the appropriate enforcement authority before removing any sediment control; and
(xii)
removal of any control and stabilization of any area that is disturbed by the removal of a sediment control;
(H)
a statement requiring the permittee to contact the Department at the following stages of the project or as required in the approved erosion and sediment control plan, grading permit, or building permit;
(i)
before beginning any earth disturbance;
(ii)
after completing the installation of any perimeter erosion and sediment control, but before any other earth disturbance or grading;
(iii)
before beginning another phase of construction or opening of another grading unit; and
(iv)
before removing any sediment control practice;
(I)
certification by the permittee that any clearing, grading, construction, or development will be done as required by the approved erosion and sediment control plan. The certification must also require that the responsible personnel involved in the construction project have earned a Certificate of Training at a training program approved by the state Department of the Environment for the control of erosion and sediment before beginning the project; and
(J)
certification by a professional engineer, land surveyor, landscape architect, architect, certified professional in erosion and sediment control, or forester (for forest harvest operations only) registered in the State, that the plan complies with erosion and sediment control laws, regulations, and standards, if required by the Department or the Administration; and
(9)
any additional information or data that the Department specifies.
Montgomery County, Md., Code § 19-5B (2026)
Sec. 19-5B. Standard erosion and sediment control plan.LinkCopy Citation
(a)
The Department may adopt a standard erosion and sediment control plan for any activity with minor earth disturbance, such as a single-family residence, small commercial or other similar building site, minor maintenance grading, and minor utility construction.
(b)
A standard erosion and sediment control plan must meet the requirements of this Chapter and state law.
(c)
The state Department of the Environment must approve a standard plan before the Department adopts it.
Montgomery County, Md., Code § 19-6 (2026)
Sec. 19-6. Fees.LinkCopy Citation
The County Executive, by Method 3 regulation, may establish, increase, or decrease permit and inspection fees and set nonrefundable fee schedules for filing, additional submissions, and permit renewals in an amount that does not exceed the reasonable cost of administering and enforcing this Chapter.
Montgomery County, Md., Code § 19-7 (2026)
Sec. 19-7. Permit conditions.LinkCopy Citation
(a)
The Director must attach any condition to each permit that is necessary to:
(1)
prevent sedimentation to public or private property or a sewer, storm drain, or water course;
(2)
prevent a land-disturbing activity from being hazardous to life or property;
(3)
prevent an adverse environmental impact; and
(4)
assure compliance with the plan.
(b)
Each condition must be listed on or attached to the plan. These conditions may include requirements for a wall, drain, dam, structure, planting, erosion and sediment control devise, or necessary drainage easement.
(c)
The Director must require each permittee to designate responsible personnel to take charge of on-site clearing, grading or sediment control associated with an approved land- disturbing activity. Any individual so designated must have completed a training program approved by the Administration.
(d)
Responsible personnel must:
(1)
inspect the site each week to assure compliance with the plan; and
(2)
maintain a log which details the results of any inspection, assessment of conditions and maintenance of any sediment control device.
(e)
The Director may require a permittee to provide an independent design professional to monitor and report to the Department on installation and maintenance of an erosion and sediment control device if a violation of the plan caused serious environmental impact to a watercourse or when a land-disturbing activity is taking place in an environmentally sensitive area.
(f)
The Director must require a permittee to implement any reasonable precaution to prevent particulate matter from becoming airborne when any land-disturbing activity is planned in a potential asbestiform area.
Montgomery County, Md., Code § 19-8 (2026)
Sec. 19-8. Permit expiration and renewal.LinkCopy Citation
Any permit and plan is valid for 2 years after it is issued. The Director may extend any permit or plan for 1 year if a permittee so requests. The Director may impose an additional standard or requirement as part of any extension. The Director may require a plan modification as part of any extension.
Montgomery County, Md., Code § 19-8A (2026)
Sec. 19-8A. Grandfathering of approved plans.LinkCopy Citation
(a)
Any plan that is finally approved after January 9, 2013, must comply with this Chapter and state law.
(b)
A plan that is finally approved on or before January 9, 2013, may be reapproved with existing conditions if any grading activity begins on the site by January 9, 2015, except any stabilization requirement.
(c)
Any stabilization practice must comply with this Chapter and state law by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.
Montgomery County, Md., Code § 19-9 (2026)
Sec. 19-9. Permit revocation or suspension; stop work order.LinkCopy Citation
(a)
The Director may suspend or revoke any permit issued under this Chapter, after notice, for:
(1)
violation of the plan or any condition of the permit;
(2)
violation of this Chapter or any other applicable law or regulation relating to the work;
(3)
any condition or act creating a nuisance or hazard, or endangering human life or the property of others; or
(4)
failure of the approved erosion and sediment control plan to achieve required erosion and sediment control objectives due to site characteristics or conditions.
(b)
In addition to the Director’s authority under subsection (a), the Director may post a site with a stop work order directing that all land-disturbing activity stop immediately, if:
(1)
the land-disturbing activity violates a condition or requirement of a County or Washington Suburban Sanitary Commission sediment control permit, application or approved plan or this Chapter or applicable regulations;
(2)
the Department has given written warning notice to the permittee or its representative that lists any corrective measures required and the time by which the corrections must be made; and
(3)
the permittee does not comply with the warning notice within the specified time.
(c)
The Director may issue a stop work order without a warning notice where:
(1)
land disturbance is taking place that requires a permit under this Chapter and a permit has not been issued;
(2)
required sediment control measures are not installed, inspected, and approved before the land disturbance;
(3)
the limits of disturbance are being violated; or
(4)
inspection reveals the existence of any condition or act that endangers human life, property of others, or water quality.
(d)
The Department must provide written notice to the permittee or its representative when a stop work order is issued. That notice must specify the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of its agents and must notify those agents when a stop work order is issued that will affect an area within which the agents are to work. In this context, “agent” includes any person who acts at the instruction, with the permission, or to the benefit of the permittee.
(e)
A person must not continue or permit the continuance of work in an area covered by a stop work order, except any work required to correct a sediment control violation.
(f)
This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69.
(g)
If trees have been cut in violation of this Chapter, the Department may require as a corrective measure that the violator comply with a reforestation plan approved by the Planning Director.
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Montgomery County, Md., Code § 19-10 (2026)
Sec. 19-10. Financial Security.LinkCopy Citation
(a)
(1)
The Director must, before issuing a permit, require a corporate bond or an irrevocable letter of credit from a financial institution, or a cash bond, a certificate of guarantee, or other instrument, in a form satisfactory to the Director and approved by the County Attorney. That instrument must be conditioned on the faithful performance of the conditions in the permit, and any soil erosion and sediment control measure specified in the permit, within the time specified by the Director or any extension granted by the Director. In this Article, a certificate of guarantee is an instrument issued by an organization or entity that is approved by the Director and meets the capitalization and other reasonable criteria established by regulation, including:
(A)
the demonstrated expertise of the issuing organization or its members in erosion and sediment control;
(B)
the estimated square footage of the land included in the land-disturbing activity to be performed by the permittee;
(C)
the estimated square footage of the area of all land-disturbing activities guaranteed by the issuing organization or entity; and
(D)
the incidence of violation of, or otherwise failing to comply with, this Chapter by all members of the issuing organization or entity.
(2)
A certificate of guarantee must only be issued by an approved organization or entity on behalf of members in good standing of that organization or entity. Any question as to the eligibility of a permittee to post a certificate of guarantee must be resolved by the Director in the Director’s sole discretion.
(3)
The amount of the bond, irrevocable letter of credit, certificate of guarantee or other instrument required by this section is $300, plus 2 cents per square foot of the area included in the land-disturbing activity, plus an amount set by the Director to secure the costs of improvements required in approved plans, which must not exceed a total of $10,000.
(4)
The instruments required under this Section may be combined with the instruments required under section 19-32 pertaining to a storm water management facility, so that one instrument may be used to satisfy both requirements.
(5)
The Director may grant a partial or complete waiver of the bond, letter of credit, certificate of guarantee, or other instrument, upon application, if the Director finds minimal impairment of existing surface drainage, minimal erosion hazard, and minimal sedimentation hazard on any adjacent land or watercourse, and no hazard to human life or property.
(6)
A corporate bond or letter of credit must be executed and maintained by a financial institution, surety, or guaranty company qualified to do business in this state and must be conditioned on the faithful performance of the conditions and soil erosion and sediment control measures specified in the permit. A cash bond must be deposited with the Director of Finance, who must give a receipt for it, reciting that the cash has been deposited in compliance with and subject to this Section.
(7)
The bond, letter of credit, certificate of guarantee, or other instrument obligates the permittee, the permittee's executors, administrators, successors and assigns, jointly and severally with the surety or issuing organization or entity, and inures to the benefit of the County and to any person aggrieved by the permittee's failure to comply with the conditions of the permit. The permittee and the issuing organization or surety must, under the bond, letter of credit, certificate of guarantee, or other instrument, continue to be firmly bound under a continuing obligation to pay all necessary costs and expenses or liabilities which may be incurred or expended by the Department to meet the minimum requirements of this Chapter.
(b)
If the Department finds that a default has occurred in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the Department must give written notice to the permittee and to the surety or issuing organization or entity. That notice must specify the work to be done, the estimated cost, and the period of time the Department finds to be reasonably necessary to complete the work.
(c)
If a cash bond has been posted, notice of default as provided by the preceding paragraphs must be given to the permittee; and if compliance is not obtained in the time specified, the Department must proceed without delay, and without further notice or proceedings, to use the cash deposited, or any part of the deposit, to cause the required work to be done by contract or otherwise in the Director’s discretion.
(d)
After any default in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the County, the surety, the issuing organization or entity, or any person employed or engaged on its behalf may enter the site to complete the required work necessary to control erosion and sedimentation to protect properties, watercourses, and persons. If the Department undertakes this work with the funds from a forfeited cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary restoration of the site to control erosion and sedimentation as required by the plan, permit, bond, letter of credit, certificate of guarantee, other instrument, or this Chapter. If the cost of the work necessary to control erosion and sedimentation or to protect properties, watercourses, and persons exceeds the amount of the cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the permittee must continue to be obligated to pay all excess costs and expenses incurred by the County. The cost and expenses are a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost may be listed on the tax bill and collected in the manner of ordinary taxes.
(e)
A person must not interfere with or obstruct the access to or from a site or premises by an authorized representative or agent of any surety, issuing organization or entity, or the Department, engaged in completing the work required to be performed under the permit or in complying with the permit.
(f)
A corporate bond, letter of credit, certificate of guarantee, or other instrument remains in effect until a completion certificate is issued under Section 19-14. A cash bond must be returned to the depositor or to the depositor’s successors or assigns when a completion certificate is issued for the work under Section 19-14, except any portion that may have been used.
(g)
The Director immediately must suspend the permit or issue a stop work order when any permittee does not maintain the bond or certificate of guarantee. If the Director finds a violation of an applicable law or regulation by an organization or entity issuing certificates of guarantee, the Director may immediately revoke all permits of members of that organization or entity for which a certificate of guarantee is posted, and may post stop work orders wherever applicable until an appropriate bond or other instrument acceptable to the County is substituted for the certificates of guarantee.
Montgomery County, Md., Code § 19-11 (2026)
Sec. 19-11. Liability insurance.LinkCopy Citation
(a)
If the Director finds that the nature of the work may create a hazard to human life or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, the Director may, before issuing the permit, require the applicant for a permit to file a certificate of insurance.
(b)
The certificate must show that the applicant is insured against claims for damages for personal injury and property damage in an amount not less than $25,000. Those damages include damage to the County by deposit or washing of material onto County streets or other public improvements, which may arise from or out of the performance of the work, whether the work is performed by the applicant, a subcontractor, or any person directly or indirectly employed by the applicant.
(c)
The Director must set the amount of insurance according to the nature of the risks involved. Insurance must be written by a company licensed to do business in the state and approved by the County. Issuance of a permit, or compliance with this Chapter or any condition imposed by the Department, does not relieve any person from any responsibility for damage to persons or property otherwise imposed by law or impose any liability on the County for damages to persons or property.
Montgomery County, Md., Code § 19-12 (2026)
Sec. 19-12. Inspections.LinkCopy Citation
(a)
Any authorized representative of the Department may enter any property permitted under this Chapter to inspect and enforce this Chapter.
(b)
Land-disturbing activity requiring a permit must not proceed until the Department approves. All work must be performed in accordance with the sequence approved by the Department.
(c)
The permittee must notify the Department 48 hours before beginning any land-disturbing activity and, unless the Department waives the meeting, must hold a preconstruction meeting with an authorized representative of the Department.
(d)
The permittee must keep a copy of the approved erosion and sediment control plan and the permit available on the site for inspection by any authorized representative of the Department. Field markings showing limits of disturbance must be on site during any land-disturbing activity.
(e)
Each site that has an erosion and sediment control plan must be inspected on average, every 2 weeks. Unless waived, the permittee must obtain an inspection by the Department at the following stages:
(1)
after installing any sediment control measure or practice and before any other land disturbance;
(2)
during the construction of any sediment basin or stormwater management structure, at each required inspection point;
(3)
during rough grading, including hauling of any imported or wasted material;
(4)
before removing or modifying any sediment control measure or practice; and
(5)
after completing final grading, including established ground cover and planting, installation of any vegetative measure, and all other work required by the approved plan.
(f)
If a person does not comply with this Chapter, the Department must inspect the work and notify the permittee and the responsible personnel in writing. The notice issued must at least state the nature of the violation, any practice or plan deficiency, required corrective action, and compliance time. Any part of the work that does not comply promptly must be corrected by the permittee. The Department may make additional inspections as it deems necessary, and may waive inspections, other than the final inspection under Section 19-14. The Department must maintain a permanent record of each inspection. That record must include the date, the location or project identification, whether the approved plan has been implemented and measures maintained, and, if a violation exists, the enforcement action taken.
(g)
When approved plans developed under this Chapter show the use of temporary basins or permanent stormwater management structures, the Department may require the submission of supportive documents such as test results, as-built plans, or material certifications. If necessary, in addition to its own inspections, the Department may require any part of the construction of basins or structures to be inspected and certified by a licensed professional engineer or land surveyor. At the Director's option, the permittee may secure the services of a licensed professional engineer or land surveyor to inspect the construction of the facilities and provide the Department with a fully documented certification that all construction is done in accordance with the approved plan and all applicable rules, regulations and specifications. If a certification is provided to the Department, the Department may waive any inspection required under Section 19-12(e)(2) for that basin or structure. In these cases, the Department must be notified at the required inspection points and may make spot inspections.
(h)
This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69.
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Montgomery County, Md., Code § 19-12A (2026)
Sec. 19-12A. Complaints.LinkCopy Citation
The Department must accept and investigate any complaint about erosion and sediment control concerns from any source, and must:
(a)
conduct an initial investigation within 3 working days after receiving the complaint;
(b)
notify the complainant of the initial investigation and findings within 7 days after receiving the complaint; and
(c)
take appropriate action when any violation is discovered during the complaint investigation.
Montgomery County, Md., Code § 19-13 (2026)
Sec. 19-13. Maintenance of structures, measures and devices.LinkCopy Citation
(a)
The permittee or the owner of any property on which work has been done under a permit granted under this Chapter, or any other person or agent in control of that property, must maintain in good and effective condition and promptly repair or restore any grade surface, wall, drain, dam or structure, planting, vegetation, erosion and sediment control measure, or other protective device. Repair or restoration, and maintenance, must be in accordance with the approved plan, Standards and Specifications, and permit as required by this Chapter until permanent measures are accepted by the Department.
(b)
Any person who performs work under a Washington Suburban Sanitary Commission utility sediment control permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must completed as provided in subsection (a).
Montgomery County, Md., Code § 19-14 (2026)
Sec. 19-14. Completion.LinkCopy Citation
Immediately after completing a project, the permittee must notify the Department and schedule a final inspection. If ,upon final inspection of the project, the Department finds that all work subject to inspection has been satisfactorily completed in accordance with this Chapter, the permit, approved plans and specifications, and applicable regulations, and the Department accepts any supporting documents required under Section 19-12(g), the Department must issue a completion certificate covering the work to the permittee.
Montgomery County, Md., Code § 19-15 (2026)
Sec. 19-15. Protection of adjacent property.LinkCopy Citation
Any land-disturbing activity must not be conducted without adequate protection and support for any adjoining property. The Director may require installation of a wall, fence, rail, sediment control measure, or other item to protect people and property.
Montgomery County, Md., Code § 19-16 (2026)
Sec. 19-16. Deposits of soil or other material prohibited.LinkCopy Citation
(a)
A person must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material, to be deposited on or to roll, flow, or wash on or over the land of another and cause damage without the express written consent of the owner of the affected premises. A permittee must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited on or to roll, flow, or wash on or over any public street, street improvement, road, sewer, storm drain, watercourse, right-of-way, or any public property in a manner to damage or to interfere with the use of that property.
(b)
A person must not, when hauling soil, earth, sand, gravel, rock, stone, or other material over any public street, road, alley, or public property, allow those materials to blow or spill over or on any street, road, alley, or public property or adjacent private property.
(c)
If any soil, earth, sand, gravel, rock, stone, or other material is caused to be deposited on or to roll, flow, or wash on any public or private property in violation of subsection (a) or (b), the permittee or person responsible must be notified by the Department and must cause the material to be removed from that property within 24 hours. In an immediate danger to the public health or safety, the Department must give notice by the most expeditious means, and the material must be removed immediately. If the material is not removed, the Department may arrange for its removal; and the cost of that removal must be paid to the County by the person who failed to remove the material. The cost of removal is a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal must be listed on the tax bill and must be collected in the manner of ordinary taxes. However, this Section does not prohibit the Department from proceeding directly with any alternative enforcement procedure under Section 19-69.
Montgomery County, Md., Code § 19-17 (2026)
Sec. 19-17. Regulations.LinkCopy Citation
(a)
The Director may recommend regulations to administer this Article, may hold public hearings on any proposed regulation, and must obtain recommendations from the Montgomery Soil Conservation District before forwarding the recommendations to the County Executive. These regulations must include:
(1)
minimum erosion and sediment control plan requirements;
(2)
maximum duration of exposure;
(3)
critical slope protection;
(4)
on-site grading controls;
(5)
on-site drainage controls; and
(6)
protection of specimen trees.
(b)
The Director may recommend one or more methods to calculate the amount of surface area affected by tree cutting, including using tree cover measurements.
(c)
The County Executive must adopt any regulation under subsection (a) under method (2).
(d)
Regulations adopted under this Section must not conflict with or waive any provision of this Chapter, and must not be less restrictive than applicable requirements of state law or regulation.
Montgomery County, Md., Code § 19-18 (2026)
Sec. 19-18. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 19-19 (2026)