Article II. Storm Water Management.
Montgomery County, Md., Code § 19-20 (2026)
Sec. 19-20. Purpose of article; scope.LinkCopy Citation
The purpose of this Article 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 increased stormwater runoff from developed and developing lands. The primary goal of the County is to maintain after development, as nearly as possible, the pre-development runoff characteristics, and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding by implementing environmental site design to the maximum extent practicable and using appropriate structural best management practices only when necessary. The 2000 Maryland Stormwater Design Manual and any later revisions are incorporated by reference as if fully contained in this Article.
Montgomery County, Md., Code § 19-21 (2026)
Sec. 19-21. Definitions.LinkCopy Citation
In this Article, the following words and phrases have the following meanings unless the context indicates otherwise:
Administration: The Water Management Administration of the Maryland Department of the Environment.
Administrative waiver: A decision by the Department to allow the construction of a development to be governed by the County stormwater management law in effect as of May 4, 2009. An administrative waiver is distinct from a waiver granted under Section 19-24.
Agricultural land management practice: Any method or procedure used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.
Applicant: A landowner, contract purchaser or other person that assumes the legal responsibility for developing land subject to this Article.
Approval: A documented action by the Department after a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the County’s development review process. Approval does not mean an acknowledgment by the Department that submitted material has been received for review.
Best management practice: A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce pollution, recharge groundwater, and provide other amenities related to the management of stormwater runoff.
Board: The County Planning Board.
Channel protection storage volume: The volume used to design structural best management practices to control stream channel erosion.
Commission: The Maryland-National Capital Park and Planning Commission.
Concept plan: The first of 3 required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.
Department: The Department of Permitting Services.
Design Manual: The 2000 Maryland Stormwater Design Manual, as revised from time to time, which serves as the official guide for stormwater management principles, methods, and practices in Maryland.
Development: A project that consists of subdividing land or adding buildings and other improvements to individual parcels of land.
Director: The Director of the Department of Permitting Services or the Director’s designee.
Director of Environmental Protection: The Director of the Department of Environmental Protection, or the designee of the Director of Environmental Protection.
Director of Finance: The Director of the Department of Finance or the Director’s designee.
District: The Montgomery Soil Conservation District.
Drainage area: That area that contributes runoff to a single point, measured in a horizontal plane.
Environmental site design (ESD): Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of development on water resources. Methods to design ESD practices are specified in the Design Manual.
Erosion: The process by which the ground surface is worn away by the action of wind, water, ice, or gravity.
Executive: The County Executive or the County Executive’s designee.
Extreme flood volume: The storage volume required to control the infrequent but large storm events during which overbank flows reach or exceed the boundaries of the 100-year floodplain.
Final project approval: Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project’s stormwater management facilities. Final project approval also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.
Final stormwater management design plan. The last of 3 required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the appropriate authority.
Functional master plan: A master plan for conserving and managing a watershed.
Impervious area or impervious surface: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil, including any structure, building, patio, sidewalk, compacted gravel, pavement, asphalt, concrete, stone, brick, tile, swimming pool, or artificial turf. Impervious surface also includes any area used by or for motor vehicles or heavy commercial equipment, regardless of surface type or material, including any road, driveway, or parking area.
Infiltration: The passage or movement of water into the soil surface.
Maximum extent practicable (MEP): Designing stormwater management systems so that all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted and, only where absolutely necessary, a structural best management practice is implemented.
Nonprofit organization: A corporation, foundation, or other legal entity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code.
Nonstructural maintenance: Grass cutting; removal of litter and debris, tree limbs, algae and aquatic plants; tree and shrub trimming and removal; maintenance of fences; aesthetic improvements such as graffiti removal, and any other enhancement in and around a stormwater management facility that is not essential to ensure that the facility continues to function properly.
Off-site stormwater management: The design and construction of a facility to control stormwater runoff from more than one development. An off-site stormwater management facility may be located in a development and would be on-site with respect to that development, but the facility is off-site with respect to all other developments that the facility serves.
On-site stormwater management: The design and construction of stormwater practices to control stormwater runoff in a development.
Overbank flood protection volume: The volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development.
Person: An individual; a legal entity; or a department, agency, or instrument of the County or to the extent allowed by law, federal, state, or local government.
Planning Director: The Director of the County Planning Department, or the Director’s designee.
Planning techniques: A combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.
Preliminary plan: A preliminary plan of subdivision, approved under Chapter 50.
Preliminary project approval: An approval as part of the Department’s preliminary development or planning review process that includes at least:
(a)
the number of planned dwelling units or lots;
(b)
the proposed project density;
(c)
the proposed size and location of all land uses for the project;
(d)
a plan that identifies:
(1)
the proposed drainage patterns;
(2)
the location of each point of discharge from the site; and
(3)
the type, location, and size of each stormwater management measure based on site-specific stormwater management requirement computations; and
(e)
any other information required by the Department, including:
(1)
the proposed alignment, location, and construction type and standard for any road, access way, and area of vehicular traffic;
(2)
a demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and
(3)
the size, type, and general location of all proposed wastewater and water system infrastructure.
Recharge volume: The portion of the water quality volume used to maintain groundwater recharge rates at a development site.
Redevelopment: Any construction, alteration, or improvement that:
(a)
exceeds or equals 5,000 square feet of land disturbance; and
(b)
is performed on a site where the existing land use is commercial, industrial, institutional, or multifamily residential and existing imperviousness is greater than 40 percent.
Residential property: A property that contains a detached dwelling unit, one or more townhouses, duplexes or other attached dwelling units, or a multi-family dwelling.
Sediment: Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
Site: Any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, which are under one ownership, or are contiguous and under diverse ownership, where development is performed as part of a unit, subdivision, or project.
Site development stormwater management plan: The second of 3 required plan approvals which includes information necessary to allow detailed evaluation of a proposed project.
Stabilization: the prevention of soil movement by any of various vegetative or structural means.
Stormwater: Water that originates from precipitation.
Stormwater management: The collection, conveyance, storage, treatment, and control of stormwater as needed to reduce accelerated stream channel erosion, increased flood damages, or water pollution.
Stormwater management facility: An infiltration device, filtering device, stormwater pond, stormwater wetland, hydrodynamic structure, or other practice designed and constructed to control stormwater to reduce accelerated stream channel erosion and pollution of surface waters. A stormwater management facility does not include environmental site design practices or any nonstructural stormwater management system.
Stormwater management participation project: A capital improvement project in which both the County and the property owner jointly fund the construction of a regional stormwater management facility intended to benefit properties in addition to those belonging to the property owner.
Stormwater management plan: A set of representations, drawings or other documents, including development phasing statements, which contains all of the information and specifications that the Department requires an applicant to submit in order to obtain a stormwater management approval.
Stormwater management system: Natural areas, environmental site design practices, stormwater management measures, and any structure through which stormwater flows, infiltrates, or discharges from a site.
Structural maintenance: The inspection, construction, reconstruction, modification, repair, and cleaning of any part of a stormwater management facility undertaken to assure that the facility remains in the proper working condition to serve its intended purpose and prevent failure. Structural maintenance does not include landscaping, grass cutting, or trash removal.
Watershed: The total drainage area contributing runoff to a single point.
Watershed management plan: A plan to satisfy the regulatory requirements of the County’s National Pollutant Discharge Elimination System permit issued by the Maryland Department of the Environment under the federal Clean Water Act.
Water Quality Protection Charge: An excise tax charged to a property owner for the privilege of maintaining impervious surfaces on the owner’s property.
Water quality volume: The volume needed to capture and treat 90 percent of the average annual runoff volume at a development site.
Montgomery County, Md., Code § 19-21A (2026)
Sec. 19-21A. Grandfathering.LinkCopy Citation
(a)
The Director may, for good cause shown, grant an administrative waiver to a development that received a preliminary project approval before May 4, 2010. Administrative waivers expire as provided under subsection (b) and may be extended as provided under subsection (c).
(b)
Expiration of an administrative waiver.
(1)
Except as provided in subsection (c), an administrative waiver must expire on:
(A)
May 4, 2013, if the development does not receive final project approval before that date; or
(B)
May 4, 2017, if the development receives final project approval before May 4, 2013.
(2)
All construction authorized under an administrative waiver must be completed by:
(A)
May 4, 2017; or
(B)
if the waiver is extended under subsection (c), the date the waiver expires.
(c)
Extension of an administrative waiver.
(1)
Except as provided in paragraph (2), an administrative waiver must not be extended.
(2)
An administrative waiver may only be extended if, by May 4, 2010 the development:
(A)
received a preliminary project approval; and
(B)
was subject to a development rights and responsibilities agreement or a tax increment financing approval.
(3)
An administrative waiver extended under paragraph (2) expires when the development rights and responsibilities agreement or the tax increment financing approval expires.
Montgomery County, Md., Code § 19-22 (2026)
Sec. 19-22. Watershed management plans.LinkCopy Citation
(a)
The Department of Environmental Protection, in cooperation with the Department, the Board, and other appropriate agencies, may develop watershed management plans to implement stormwater management policies that apply individually to specific watersheds in the County. Each watershed management plan should:
(1)
include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
(2)
evaluate stormwater quantity and quality, and base flow and groundwater management needs;
(3)
include a cumulative impact assessment of watershed development;
(4)
identify existing flooding, receiving stream channel, water quality, biological resources, and habitat conditions;
(5)
specify the types of stormwater management, stream restoration and wetlands protection practices to be implemented;
(6)
identify specific opportunities for stormwater retrofit, stream and wetlands restoration, and groundwater recharge;
(7)
specify where the Director may grant waivers of on-site stormwater management controls;
(8)
be consistent with the Design Manual’s General Performance Standards for Stormwater Management in Maryland; and
(9)
be approved by the Administration.
(b)
The Board should prepare functional master plans under Division II of the Land Use Article of the Maryland Code to preserve, conserve, and manage natural resources in each of the County’s watersheds for the County Council’s review and approval. Each functional master plan should address land use, impervious impact on streams and waterways, stream buffers, wildlife and stream habitat, forest preservation, and other issues related to the permitting of stormwater management facilities and the development of watershed management plans.
Montgomery County, Md., Code § 19-22A (2026)
Sec. 19-22A. Stormwater management measures.LinkCopy Citation
(a)
An applicant must use the ESD planning techniques and practices and structural stormwater management measures established in this Article and the Design Manual, either alone or in combination, in a stormwater management plan. An applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before a structural best management practice is included in a stormwater management plan.
(b)
ESD planning techniques and practices.
(1)
An applicant must apply the following planning techniques according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:
(A)
preserve and protect natural resources;
(B)
conserve natural drainage patterns;
(C)
minimize impervious area;
(D)
reduce runoff volume;
(E)
use ESD practices to maintain 100% of the average annual pre- development groundwater recharge volume for the site;
(F)
use green roofs, permeable pavement, reinforced turf, and other alternative surfaces;
(G)
limit soil disturbance, mass grading, and compaction;
(H)
cluster development; and
(I)
any practice approved by the Administration.
(2)
An applicant must design the following ESD treatment practices according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:
(A)
disconnection of rooftop runoff;
(B)
disconnection of nonrooftop runoff;
(C)
sheetflow to conservation areas;
(D)
rainwater harvesting;
(E)
submerged gravel wetlands;
(F)
landscape infiltration;
(G)
infiltration berms;
(H)
dry wells;
(I)
micro-bioretention;
(J)
rain gardens;
(K)
swales;
(L)
enhanced filters; and
(M)
any practice approved by the Administration.
(3)
The use of ESD planning techniques and treatment practices specified in this Section must not conflict with existing State or County laws.
(c)
Structural stormwater management practices.
(1)
An applicant must design the following structural stormwater management practices according to the Design Manual to satisfy the on-site stormwater management requriements of Section 19-24:
(A)
stormwater management ponds;
(B)
stormwater management wetlands;
(C)
stormwater management infiltration;
(D)
stormwater management filtering systems; and
(E)
stormwater management open channel systems.
(2)
An applicant must consider the performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance when selecting structural stormwater management practices.
(3)
An applicant must select structural stormwater management practices to accommodate the unique hydrologic or geologic region of the County where the property to be developed is located.
(d)
An applicant may use an alternative ESD planning technique or treatment practice or structural stormwater management measure for new development runoff control if it meets the performance criteria established in the Design Manual and is approved by the Administration. Any practice used for a redevelopment project must be approved by the Department.
(e)
Before modifying the on-site stormwater control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis must include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development on a dam, highway, structure, or natural point of restricted streamflow, established with the Department’s concurrence, downstream from the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
Montgomery County, Md., Code § 19-23 (2026)
Sec. 19-23. Review and approval of stormwater management plans.LinkCopy Citation
(a)
Concept plan. Before the Board may approve a preliminary plan of subdivision, an applicant must submit a stormwater management and sediment control concept plan to the Department for review and approval. Each plan submitted for concept approval must provide sufficient information for the Department to make an initial assessment of the proposed project and determine whether stormwater can be managed according to this Article and the Design Manual. Each concept plan is subject to the following conditions and requirements:
(1)
A natural resources inventory must be reviewed and approved by the Department or the Planning Director before the applicant submits a concept plan under this Section.
(2)
The plan must indicate how the stormwater management and sediment control criteria will be applied to each proposed development or redevelopment project. The Department may require a plan to analyze the downstream effects of any proposed development or redevelopment project. The basic design criteria, methodologies, and construction specifications used in developing the plan must be specified in the Design Manual and any other criteria established by regulation.
(3)
The plan must describe how environmental site design practices will be implemented to the maximum extent practicable and allow use of any structural best management practice only where the applicant shows that environmental site design or another nonstructural best management practice is not a viable option.
(4)
The plan must include:
(A)
a map, at a scale specified by the Department, showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns;
(B)
the anticipated location of each proposed impervious area, building, roadway, parking, sidewalk, utility, and other site improvement;
(C)
the location of the proposed limit of disturbance, erodible soils, steep slopes, and any area to be protected during construction;
(D)
preliminary estimates of stormwater management requirements, the location of each ESD practice to be used, and the location of each point of discharge from the site; and
(E)
any other information the Director requires.
(5)
Any stormwater management plan must be consistent with any watershed management plan that the Department of Environmental Protection has approved or any flood management plan that the Administration has approved involving the site of the proposed development or redevelopment project.
(6)
The Department must refer the concept plan to the Department of Environmental Protection, the Department of Transportation, and the Board for comment before approving the plan.
(b)
Site development stormwater management plan. Before the Board may approve a site plan, the applicant must submit a site development stormwater management plan to the Department for review and approval. The applicant may combine the site development stormwater management plans with the concept plan required under subsection (a) if the Director approves. Any site development stormwater management plan submitted for review and approval must include:
(1)
all information provided during the concept plan review;
(2)
final site layout, exact impervious area locations and acreages, proposed topography, a delineated drainage area at each point of discharge from the site, and stormwater volume computations for ESD practices and structural measures;
(3)
a proposed erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances and impacts to natural resources, and an overlay plan showing the type and location of each ESD and erosion and sediment control practice to be used;
(4)
a narrative that supports the site development design, describes how ESD will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measure; and
(5)
any other information the Director requires.
(c)
Final stormwater management design plan
(1)
Any person required under this Chapter to obtain a sediment control permit must include a final stormwater management design plan as part of the permit application. The final stormwater management design plan must conform to both the concept plan and site development stormwater management plan and serve as the basis for all later construction. The applicant must submit a final stormwater management design plan for approval in the form of construction drawings accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design. The applicant must also submit a final erosion and sediment control plan under applicable State Regulations. Any plan submitted under this paragraph must meet all requirements of the Design Manual.
(2)
Any report submitted for final stormwater management design plan approval must include:
(A)
geotechnical investigations, including soil maps, borings, site-specific recommendations, and any additional information necessary for the final stormwater management design;
(B)
a drainage area map depicting pre-development and post-development runoff flow path segmentation and land use;
(C)
hydrologic computations of the applicable ESD and unified sizing criteria according to the Design Manual for each point of discharge from the site;
(D)
hydraulic and structural computations for each ESD practice and structural stormwater management measure to be used; and
(E)
a narrative that supports the final stormwater management design.
(3)
Construction drawings submitted for final stormwater management design plan approval must include:
(A)
a vicinity map;
(B)
existing and proposed topography and any proposed drainage area, including any area necessary to determine downstream analysis for each proposed stormwater management facility;
(C)
any proposed improvement, including the location of any building or other structure, impervious surface, storm drainage facility, and all grading;
(D)
the location of any existing and proposed structure;
(E)
any easement and right-of-way;
(F)
the delineation, if applicable, of the 100-year floodplain and any on-site wetland;
(G)
structural and construction details, including representative cross sections for each component of the proposed drainage system or systems and stormwater management facilities;
(H)
all necessary construction specifications;
(I)
a sequence of construction;
(J)
data for total site area, disturbed area, new impervious area, and total impervious area;
(K)
a table showing the ESD and unified sizing criteria volumes required in the Design Manual;
(L)
a table of materials to be used for stormwater management facility planting;
(M)
each soil boring log and location;
(N)
an inspection and maintenance schedule;
(O)
certification by the applicant that all stormwater management construction will be completed according to this plan; and
(P)
an as-built certification signature block, to be executed after project completion.
(4)
The maintenance schedule required under this Section must cover the life of any structural stormwater management facility or system of ESD practices and must specify the maintenance to be completed, the time period for completion, and the responsible party that will perform the maintenance. The maintenance schedule must be printed on the approved final stormwater management plan.
(d)
Plan preparation. The Director may require the stormwater management concept, site development stormwater management, and final stormwater management and design plans to be prepared by a professional engineer, professional land surveyor, registered architect or landscape architect licensed in Maryland, or any other individual whose qualifications are acceptable to the Department. If a stormwater best management practice requires either a dam safety permit from the Administration or a small pond approval from the District, the Director must require the design plan to be prepared by a professional engineer licensed by the State of Maryland.
(e)
Runoff. If a stormwater management plan involves direction of some or all runoff off site, the developer must obtain from any adjacent property owner any easement or other necessary property interest concerning water flow. Approval of a stormwater management plan does not create or imply any right to direct runoff onto any adjacent property without that property owners’s permission.
Montgomery County, Md., Code § 19-24 (2026)
Sec. 19-24. On-site requirements; County participation; waivers.LinkCopy Citation
(a)
On-site stormwater management.
(1)
A person that receives a sediment control permit must provide on-site stormwater management unless the Director waives this requirement.
(2)
The Director may waive the on-site stormwater management requirement if the Director finds that:
(A)
environmental site design has been implemented to the maximum extent practicable, and stormwater from the site is safely conveyed to a Department approved off-site facility that has been constructed to provide stormwater management for the site; or
(B)
on-site stormwater management is not required under applicable State law.
(3)
ESD planning techniques and treatment practices must be used to the maximum extent practicable under the Design Manual before any structural best management practice is implemented. A stormwater management plan for a development project subject to this Article must be designed using the ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The MEP standard is met when channel stability is maintained, pre-development groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices are used only if absolutely necessary.
(b)
County participation. If the Director of Environmental Protection finds that additional storage capacity in an on-site facility would correct an existing problem or provide sufficient capacity for future development or redevelopment projects, the County may participate financially in the construction of a stormwater management facility. The amount of participation must be determined by the extent to which the facility exceeds on-site stormwater management requirements.
(c)
Waiver.
(1)
An applicant seeking a waiver of any on-site stormwater management requirement must submit a request to the Department in writing in a form acceptable to the Director.
(2)
A request for quantitative stormwater control waivers must contain sufficient descriptions, drawings, and any other information that is necessary to show that environmental site design has been implemented to the maximum extent practicable. The applicant must submit a separate written request for each later addition, extension, or modification to a development that has received a waiver.
(3)
The Director may grant a stormwater management quantitative and qualitative control waiver for a phased development project if a system designed to meet the 2000 State and County regulatory requirements for multiple phases was constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for any future phase constructed after May 4, 2010, the applicant must make all reasonable efforts to incorporate environmental site design in each future phase.
(4)
The Director may grant a waiver if the applicant shows that existing physical conditions prevent full compliance with any on-site stormwater management requirement. However, the applicant must still show that environmental site design has been implemented to the maximum extent practicable.
(5)
If a site is an infill development or redevelopment site, the Director may waive channel protection requirements if all reasonable options for implementing environmental site design to the maximum extent practicable have been exhausted, and:
(A)
the planned development or redevelopment project will not increase the impervious surface area on the site; or
(B)
runoff from the site will drain through an adequately-sized existing improved storm drain system before discharging into a natural stream channel, at a minimum without adversely affecting the receiving channel, and the discharge to the storm drain system will not increase erosion in the receiving waters.
(6)
The Director must not grant a waiver unless:
(A)
the applicant satisfies criteria established by regulation; and
(B)
the waiver is consistent with an applicable watershed management plan, if any, prepared by the applicant and approved by the Department of Environmental Protection.
(7)
The Director may grant each waiver only on a case-by-case basis. The Director must consider the cumulative effects of all waivers granted in a drainage area or watershed. Each waiver must reasonably ensure, at a minimum, that the proposed development will not adversely impact stream quality.
(8)
When a waiver is granted, the Director must require the applicant to:
(A)
provide a monetary contribution;
(B)
grant an easement or dedicate land for the County to construct a stormwater management facility; or
(C)
take specific stream or wetland restoration measures.
Montgomery County, Md., Code § 19-25 (2026)
Sec. 19-25. Contributions, dedications, and stream restoration.LinkCopy Citation
(a)
Contributions. Each monetary contribution required under Section 19-24 must comply with a fee schedule set by Executive regulation. The County must credit each contribution to a capital improvement program project for planning and implementation of stormwater management and stream or wetland restoration.
(b)
Dedications. The County may agree with an applicant to accept an easement or dedicate land to build a stormwater management facility. If the Department consents in writing for a facility to be located on parkland, the Board must also agree before the applicant may dedicate land to build a stormwater management facilty.
(c)
Stream and wetlands restoration measures. For redevelopment only, the Department may allow an applicant to construct stream or wetland restoration measures instead of monetary contributions or dedications if:
(1)
the Director of Permitting Services and the Director of Environmental Protection both find that it is in the County’s best interest for the applicant to provide stream or wetland restoration measures; and
(2)
the estimated cost of the stream or wetland restoration measures do not exceed the estimated cost of on-site stormwater management controls that the applicant would otherwise be required to provide for new development.
Montgomery County, Md., Code § 19-26 (2026)
Sec. 19-26. Stormwater management design criteria.LinkCopy Citation
(a)
Each applicant must use planning techniques, nonstructural practices, and design methods to implement environmental site design to the maximum extent practicable. The use of environmental site design must be exhausted before any structural best management practice is used. Each stormwater management plan must be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume sizing criteria, according to the Design Manual and any applicable regulation. If the Department finds that historical flooding problems exist at the site of a new development or redevelopment project, the Director may require the use of overbank flood protection volume, extreme flood volume criteria, or both.
(b)
Unless otherwise indicated, redevelopment is subject to the same requirements that apply to new development under this Article. For redevelopment, the applicant may use alternative stormwater management measures to satisfy the requirements in subsection (a) if the applicant shows that impervious area reduction and environmental site design have been implemented to the maximum extent practicable. In any redevelopment project, the selection and application of environmental site design practices must be consistent with the recommendations, goals, and objectives of any applicable master or sector plan.
(c)
Alternative stormwater management measures that may be used for redevelopment include:
(1)
an on-site structural best management practice;
(2)
an off-site structural best management practice or off-site environmental site design to provide water quality treatment; or
(3)
a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice within the limit of disturbance.
Montgomery County, Md., Code § 19-27 (2026)
Sec. 19-27. Financial security.LinkCopy Citation
(a)
Required.
(1)
Before issuing a sediment control permit for a development which requires a stormwater management system, the Director must require the applicant or owner to furnish a performance or cash bond, irrevocable letter of credit, certificate of guarantee, or other instrument from a financial institution or issuing person satisfactory to the Director and the County Attorney, for construction of the on-site stormwater management system in an amount equal to the estimated cost of the construction.
(2)
As used in this Article, a certificate of guarantee is an instrument issued by an organization approved by the Director that satisfies the capitalization criteria and other reasonable criteria established by regulation. The certificate of guarantee must only be issued by the approved organization on behalf of the organization’s members in good standing. Only the Director may resolve questions concerning an applicant’s eligibility to post a certificate of guarantee.
(3)
The bond, letter of credit, certificate of guarantee, or other instrument must be conditioned on the faithful performance of the terms and conditions of an approved stormwater management plan and construction of the system as provided in that plan and under this Article. The bond, letter of credit, certificate of guarantee, or other instrument must inure to the benefit of the County if the applicant or owner does not comply with the conditions of the bond, letter of credit, certificate of guarantee, or other instrument.
(b)
Release.
(1)
The Director must not release a bond, letter of credit, certificate of guarantee, or other instrument until the applicant has submitted “as-built” plans and the Department has issued a certification of completion based on the Director’s finding, after having performed a final inspection, that the stormwater management system complies with the approved plan and this Article.
(2)
The Department may agree with an applicant regarding the stages of the work to be done on the system. After completing each stage, the applicant must notify the Department that the applicant is ready for an inspection and, after the Director certifies that the applicant has completed that stage of work under the approved plan and this Article, the Director may reduce the bond, letter of credit, certificate of guarantee, or other instrument pro rata, or may direct the Director of Finance to refund to the applicant a prorated share of the amount that the applicant deposited with the County.
(c)
Revocation of permit. The Director must immediately revoke a building permit if the permittee does not maintain the bond, letter of credit, certificate of guarantee, or other instrument. If the Director finds that an organization issuing certificates of guarantee has violated an applicable law or regulation, the Director may immediately revoke any permit held by that organization’s members to which a certificate of guarantee applies.
Montgomery County, Md., Code § 19-28 (2026)
Sec. 19-28. Inspection and maintenance of stormwater management systems.LinkCopy Citation
(a)
Installation inspections.
(1)
The Director, or a person designated by the applicant that is also qualified and approved by the Department to supervise construction, must inspect each best management practice under construction as needed to certify the system’s compliance with approved plans. The inspector must conduct each inspection as provided in a checklist or in any other manner that the Department has approved for each type of stormwater management system. The inspector must prepare a written inspection report that includes:
(A)
the date and location of the inspection;
(B)
whether construction complies with the approved stormwater management plan;
(C)
any variation from approved construction specifications; and
(D)
any violation of law or regulations that the inspector observes.
(2)
The Department must notify the applicant in writing if the inspector observes any violation of this Article during the inspection. The written notice must describe the nature of each violation and prescribe any corrective action needed.
(3)
Construction work on a stormwater management system must not proceed until the Department:
(A)
inspects and approves the work previously completed or the plans and certifications previously submitted ; and
(B)
furnishes the inspection reports to the applicant after each inspection.
(4)
Once construction is complete, the applicant must submit as-built plan certification to the Department to ensure that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications in each approved plan. At a minimum, as-built certification must include a set of drawings comparing the approved stormwater management plan with what was constructed. The Director may require additional information if needed.
(5)
Each as-built plan submitted to the Department under this subsection must be prepared by a design professional or other person qualified and approved by the Department.
(b)
Maintenance of new stormwater management systems.
(1)
Before issuing a sediment control permit to develop any property that requires implementation of best management practices, the Department must require the property owner to execute an easement and an inspection and maintenance agreement that is binding on each later owner of the land to be served by any private stormwater management system.
(2)
The easement must give the County a perpetual right of access to the stormwater management system at all reasonable times to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management system in the area covered by the easement as needed to assure that the system remains in proper working condition under approved design and environmental standards. The inspection and maintenance agreement must require the owner to be responsible for all maintenance of any completed ESD treatment system and nonstructural maintenance of any on-site stormwater management facility if the development consists of residential property. Otherwise, the inspection and maintenance agreement must require the owner to be responsible forever for all maintenance of the entire on-site stormwater management system, including maintaining in good condition, and promptly repairing and restoring, each ESD practice, grade surface, wall, drain, dam and structure, vegetation, erosion and sediment control measure, and any other protective device.
(3)
The owner must record the easement and agreement in the County land records and deliver a certified copy of each recorded document to the Departments of Permitting Services and Environmental Protection before the Department may issue a completion certificate.
(4)
After the Department issues a completion certificate for construction of a new stormwater management facility, the County must perform all structural maintenance on the facility if the facility serves residential property unless the inspection and maintenance agreement requires the property owner to be responsible for structural maintenance of the facility. No other person may perform structural maintenance on a stormwater management facility that the County is required to structurally maintain without the County’s written consent.
(5)
Any repair or restoration and maintenance performed under this Section must comply with each previously approved or newly submitted plan and any reasonable corrective measure specified by the Director of Environmental Protection.
(c)
Maintenance of retrofitted or existing stormwater management systems.
(1)
The owner of a stormwater management facility that is not subject to subsection (b) must perform all structural maintenance needed to keep the facility in proper working condition. The owner of a residential property or a nonresidential property that contains a stormwater management facility built or retrofitted by the County, or a homeowners’ association that includes the residential property, may execute a stormwater management easement granting the County a perpetual right of access to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management facility in the easement as needed to assure that the facility remains in proper working condition under approved design standards.
(2)
If the owner of a stormwater management facility grants a stormwater management easement to the County, the owner must make any structural repairs needed to place the facility in proper working condition, as determined by the Department of Environmental Protection, before the County enters into an inspection and maintenance agreement with the owner that makes the County responsible for structural maintenance of the facility. After the owner and the County have agreed that the County will be responsible for structural maintenance of the facility, the owner must record in the County land records the easement and any other agreement executed in conjunction with the easement that binds any later owner of the land. The owner must deliver a certified copy of each recorded document to the Department of Environmental Protection.
(3)
After the Department of Environmental Protection receives a certified copy of the easement and agreements, the County must structurally maintain and inspect the facility as provided in subsection (b).
(4)
If a property contains a stormwater management system that was installed or retrofitted by the County under a sediment control permit, the inspection and maintenance agreement may require the County to maintain the system.
(d)
Maintenance inspections.
(1)
The Department of Environmental Protection must ensure preventive maintenance by inspecting all stormwater management systems. The inspection must occur during the first year of operation and then at least once every 3 years.
(2)
The Department of Environmental Protection must maintain an inspection report for each stormwater management system. Each report must include:
(A)
the date of inspection;
(B)
name of inspector;
(C)
the condition of each:
(i)
vegetation or filter medium;
(ii)
fence or other safety device;
(iii)
spillway, valve, or other control structure;
(iv)
embankment, slope, and safety bench;
(v)
reservoir or treatment area;
(vi)
inlet and outlet channel or structure;
(vii)
underground drainage;
(viii)
sediment and debris accumulation in storage and forebay areas;
(ix)
nonstructural practice to the extent practicable; and
(x)
other item that could affect the proper function of the stormwater management system; and
(D)
description of any needed maintenance.
(3)
The owner of any privately maintained stormwater management system must correct each deficiency discovered during the inspection within the time period specified in any written notice issued by the Director of Environmental Protection.
(e)
Abandonment instead of repair. If the Director of Environmental Protection finds that the stormwater management facility is no longer needed to control stormwater runoff or that the benefits of a repaired stormwater management facility are not justified by the cost of repair, the owner of the stormwater management facility must abandon the use of the facility for stormwater functions as the Director of Environmental Protection orders. Any order issued under this subsection must not restrict the facility from being used for any recreational or other purpose not related to stormwater control.
(f)
Nonstructural maintenance of stormwater management facilities. The owner of a stormwater management facility must perform routine inspection and nonstructural maintenance that impacts the effectiveness of routine structural maintenance, performed either privately or publicly. Among other actions, the owner must:
(1)
prevent the accumulation of solid waste on the property and the generalized growth of weeds or plants in violation of Section 58-3;
(2)
clear any woody vegetation, including trees and brush along with their root systems, within 25 feet of the facility’s control structure and within 15 feet of an upstream or downstream dam embankment; and
(3)
abate any other condition on the property that the Department of Environmental Protection reasonably finds may adversely affect the facility’s proper functioning.
(g)
Disposal of materials from maintenance. A person that transports materials or debris resulting from the repair, cleaning, or maintenance of a stormwater management facility must dispose of the materials at a facility that has a valid permit to accept the type of materials or debris being deposited.
(h)
Stop work order.
(1)
If a maintenance inspection reveals that the maintenance, repair, or restoration of a stormwater management facility is being performed in a manner that is hazardous, creates a nuisance, or endangers human life or the property of others, or is otherwise being performed in an unauthorized manner, the Director of Environmental Protection may, without advance notice, post a stop work order at the site directing that all maintenance, repair, or restoration activity must stop immediately.
(2)
The Director of Environmental Protection must provide written notice to the property owner, any designated representative of the property owner, or any on- site person in charge of the work 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.
(3)
A person must not continue, or allow the continuance of, work on a stormwater management facility covered by a stop work order, except for work necessary to abate a nuisance or hazardous condition identified by the Director.
(i)
Emergency authority. If, after inspection, the Director of Environmental Protection finds that the condition of a privately maintained stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Director of Environmental Protection may take any needed action to protect the public and make the facility safe, including entering the property to make any needed repair. The County must assess any cost incurred as a result of the Director of Environmental Protection’s actions against each owner of the facility. The County may collect the costs in the same manner as real property taxes are collected against the property where the facility is located. In addition, the County may seek reimbursement under any other method legally available to collect debts owed to the County.
Montgomery County, Md., Code § 19-29 (2026)
Sec. 19-29. Stormwater management loan program.LinkCopy Citation
(a)
The Department of Environmental Protection must create a Stormwater Management Loan Program. The Program must provide direct loans to eligible homeowners’ associations and other residential property owners to:
(1)
make structural repairs to restore a stormwater management facility to acceptable design standards before the owner petitions the County to assume responsibility for future structural maintenance of the facility under Section 19-28(d), or
(2)
cover the cost of abandoning a facility under Section 19-28(e).
(b)
The fund for the Program consists of:
(1)
all funds appropriated to the Program;
(2)
all payments on any loan from the Program;
(3)
all interest earned on funds in the Program; and
(4)
all funds received from any other public or private entity.
(c)
The County Executive must adopt regulations under method (2) to administer the Program. These regulations should include:
(1)
lending standards and priorities;
(2)
terms and conditions of loans;
(3)
application procedures;
(4)
procedures for loan applicants to request reconsideration of a decision to deny a loan or a decision on interest rates, terms, and conditions; and
(5)
collection procedures in cases of nonpayment or default.
Montgomery County, Md., Code § 19-29A (2026)
Sec. 19-29A. Watershed restoration grants program.LinkCopy Citation
(a)
The Director of Environmental Protection may establish a Watershed Restoration Grant Program. The purpose of the Program is to provide funds to non-profit organizations to perform water quality protection or improvement activities that would help the County satisfy applicable regulatory requirements of the County's National Pollutant Discharge Elimination Systems permit.
(b)
To identify non-profit organizations to perform water quality protection or improvement activities, the Director of the Office of Procurement may issue a competitive solicitation under Chapter 11B that is limited to non-profit organizations.
(c)
The Director of Environmental Protection may also establish a supplemental grant program to offset the cost of paying the Charge assessed under Section 19-35 to an owner of an improved aircraft landing area that is exempt from County property taxes under Maryland Code, Tax-Property Art. § 8-302.
Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.
Montgomery County, Md., Code § 19-30 (2026)
Sec. 19-30. Regulations.LinkCopy Citation
(a)
The Executive may adopt regulations under method (2) to implement this Article. Any regulation adopted under this Article must not conflict with or waive any provision of this Chapter, and must not be less restrictive than applicable requirements under state or federal law. The regulations must establish a fee schedule for monetary contributions to be paid to the County when the Department waives any on-site stormwater management requirement. The regulations may also include design standards and other criteria or procedures necessary to implement this Article.
(b)
The Executive may adopt plan review fees and inspection fees under method (3) to cover the cost of administering this Article.
Montgomery County, Md., Code § 19-31 (2026)
Sec. 19-31. Exemptions.LinkCopy Citation
The following development activities are exempt from stormwater management requirements under this Article:
(a)
agricultural land management practices;
(b)
any addition or modification to an existing single family detached residential structure if the addition or modification does not disturb more than 5,000 square feet of land area;
(c)
any development not associated with the construction of a new residential or commercial building if the development does not disturb more than 5,000 square feet of land area; and
(d)
any land development activity that the Administration finds is subject to any State law that regulates stormwater management runoff.
Montgomery County, Md., Code § 19-32 (2026)
Sec. 19-32. Transition for approved plans.LinkCopy Citation
Each new development or redevelopment project must comply with this Article, except when the Department issues final sediment control and stormwater management design plan approval for the property covered by the plan before May 4, 2010.
Montgomery County, Md., Code § 19-33 (2026)
Sec. 19-33. Agreements between the County and municipalities.LinkCopy Citation
(a)
The Executive must inform any incorporated municipality in the County that may regulate stormwater management of any proposed stormwater management facility, development or plan that could affect stormwater management in the municipality. The Board must inform any municipality of any functional master plan or preliminary plan of subdivision that may affect stormwater management in the municipality.
(b)
The County and the Board may enter into cooperative agreements with any incorporated municipality in the County concerning any matter relating to stormwater management, including the planning, design, construction, and maintenance of stormwater management facilities and monetary contributions for stormwater management. The County and the Board may enter into those cooperative agreements to coordinate stormwater management activities with any municipality to avoid duplication of effort and to minimize the costs associated with an effective stormwater management program.
(c)
If a municipality operates a stormwater management program that serves substantially the entire municipality and meets all applicable federal and State standards, the County must reimburse the municipality, subject to appropriation, for the cost of operating the program, limited to the amount the Director of Environmental Protection estimates the County would spend for that municipality if it were operating the program, by means of a cooperative agreement under subsection (b).
Montgomery County, Md., Code § 19-34 (2026)
Sec. 19-34. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 19-35 (2026)
Sec. 19-35. Water Quality Protection Charge.LinkCopy Citation
(a)
As authorized by Section 52-17 (a) or Maryland Code, Environment Art., § 4-204, or both, the Director of Finance must annually impose and collect a Water Quality Protection Charge, as provided in this Section. The Director must collect the Charge in the same manner as County real property taxes, apply the same interest, penalties, and other remedies (including tax sale) if the Charge is not paid, and generally treat the Charge for collection and administration purposes as if it were a County real property tax. The Director may treat any unpaid Charge as a lien on the property to which the charge applies.
(b)
The Charge must be imposed on each property, as specified in regulations adopted by the Executive under Method (1) to administer this Section. The regulations may define different classes of real property, depending on the amount of impervious surface on the property, stormwater runoff from the property, and other relevant characteristics, for purposes of applying the Charge.
(c)
The Council must set the rate or rates for the Charge by a resolution adopted each year after holding a public hearing with at least 15 days’ notice. The resolution must be adopted no later than the date the Council approves the annual operating budget and presented to the Executive within 3 days after the Council adopts it. If the Executive disapproves a resolution adopted under this Section within 10 days after the Council adopts it and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect. Unless the resolution specifies otherwise, the rates must take effect on the July 1 after the resolution is adopted.
(d)
In the resolution adopted under subsection (c), the Council may set a different rate for each type of property defined by regulation. If different rates are set, the rates must generally reflect the relative amount of impervious surface on each type of property.
(e)
(1)
A property owner may apply for, and the Director of Environmental Protection must grant, a credit equal to a percentage, set by regulation, of the Charge if:
(A)
the property contains a stormwater management system for which the County does not perform structural maintenance that either treats on-site drainage only or both on-site drainage and off-site drainage from other properties located within the same drainage area;
(B)
the property does not contain a stormwater management system, but is located in the same drainage area as another that contains a stormwater management system for which the County does not perform structural maintenance and both properties have the same owner;
(C)
the property contains a stormwater management system built as part of a County-approved stormwater management participation project; or
(D)
the property does not contain a stormwater management system, but is located in the same drainage area as a property containing a stormwater management system built as part of a County-approved stormwater management participation project and both properties have the same owner.
(2)
To receive the credit, the property owner must apply to the Director of Environmental Protection in a form prescribed by the Director not later than September 30 of the year that payment of the Charge is due. Any credit granted under this subsection is valid for 3 years.
(3)
The Director of Environmental Protection may revoke a credit granted under paragraph (2) if the property owner does not continue to take the measures needed to assure that the stormwater management system remains in proper working condition by correcting any deficiencies discovered by the Director during a maintenance inspection. The Director must not reinstate a revoked credit until the property owner has sufficiently corrected the deficiencies to fully satisfy the property owner's maintenance obligations under Section 19-28.
(4)
The owner of an owner-occupied residential property, or any non-profit organization that can demonstrate substantial financial hardship may apply for an exemption from all or part of the Charge for that property, based on criteria set by regulation. To receive the exemption, the owner or organization must apply for the exemption to the Director of Finance not later than September 30 of the year that payment of the Charge is due. After reviewing the request for exemption, the Director of Finance must issue a written decision. The owner or organization may appeal the decision of the Director of Finance to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the decision.
(f)
The Director must deposit funds raised by the Charge, and funds for this purpose from any other source, into a stormwater management fund. Funds in the stormwater management fund may be applied and pledged to pay debt service on debt obligations to finance the construction and related expenses of stormwater management facilities as approved in the Capital Improvements Program. Funds in the stormwater management fund must only be used for:
(1)
construction, operation, financing, and maintenance of stormwater management facilities, and related expenses, including debt service payments related to construction and related expenses of stormwater management facilities;
(2)
enforcement and administration of this Article; and
(3)
any other activity authorized by this Article or state law.
(g)
This Charge does not apply to any property located in a municipality in the County which notifies the County that it has imposed or intends to impose a similar charge to fund its stormwater management program in that municipality.
(h)
A person that believes that the Director of Environmental Protection has mistakenly assigned a Charge to the person’s property or computed the Charge incorrectly may apply to the Director of Environmental Protection in writing for a review of the Charge, and request an adjustment to correct any error, not later than September 30 of the year that payment of the Charge is due.
(i)
A property owner that believes that the Director of Environmental Protection has incorrectly calculated a credit, revoked the property owner’s credit or denied the property owner’s application for a credit under subsection (e)(1), (2), or (3), or denied the property owner’s request for an adjustment under subsection (h), may seek review of the Director’s decision by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of that decision. After reviewing the decision of the Director of Environmental Protection, the Director of Finance must notify the property owner in writing of the decision to affirm or reverse the decision of the Director of Environmental Protection. The property owner may appeal the decision of the Director of Finance to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the decision of the Director of Finance.
In COMCOR 19.35.01, any reference to the final decision of the Director of the Department of Environmental Protection must be treated as a reference to the Director’s recommended decision to the Director of the Department of Finance and any reference to an appeal to the Board of Appeals must be treated as a reference to an appeal to the Maryland Tax Court.
Expedited Bill 34-12 amended County Code Section 19-35 to subject all properties not otherwise exempt under State law to the Water Quality Protection Charge, allow property owners to obtain credits for undertaking certain water quality protection measures on their properties, and authorize financial hardship exemptions for certain owner-occupants of residential properties. The effective date of Expedited Bill 34-12 was July 1, 2013.
In Paul N. Chod v. Board of Appeals for Montgomery County (Civil No. 398704-V, entered July 23, 2015) the Circuit Court for Montgomery County opined that the Water Quality Protection Charge “is invalid per se because this charge need not reasonably relate to the stormwater management services provided by the County.” The County has appealed this decision. This Act is intended to correct the potential defect noted by the Circuit Court by designating the stormwater management charges imposed by Section 19-35 as an excise tax imposed under the general taxing authority of Montgomery County to levy excise taxes. This Act is not intended to alter the policy, purposes, or substance of Section 19-35.
The County Council finds that:
(a)
Montgomery County had the authority in 2013 to adopt Section 19-35 under the County’s taxing authority – see Section 52-17;
(b)
This Act furthers the original purpose of Section 19-35 to require individual owners of property with impervious surfaces to pay a share of the public costs associated with mitigating and remediating the environmental impact of stormwater runoff throughout the County;
(c)
The legal defect in the adoption of Bill 34-12 (if any) was minor, because the County had in 2013 and continues to have the authority to levy and collect from property owners an excise tax for the purpose of producing revenue to fund the water quality protection measures needed to ameliorate the environmental impact of stormwater runoff;
(d)
All property owners have benefitted from water quality protection and restoration measures made possible by the revenues generated from the stormwater management charges imposed under Section 19-35; and
(e)
It is just and proper that this Act take effect as of July 1, 2013 in order that the public will continue to benefit from the water quality protection and restoration measures undertaken and to be undertaken as a result of the revenues provided by the Water Quality Protection Charge.
(a)
The Council declares that an emergency exists and that this legislation is necessary for the immediate protection of the public health and safety. This Act takes effect on July 1, 2013. Notwithstanding County Code Section 19-35(b), as amended by Section 1of this Act, the Director of Finance must phase in the Water Quality Protection Charge as provided in this Section.
(b)
The Director must phase in over 3 years any increase in the Charge that results from the application of Section 19-35(b), as amended by Section 1 of this Act, or any regulation adopted under that Section, by including:
(1)
only one-third of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2013;
(2)
only two-thirds of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2014; and
(3)
the full amount of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2015.
(c)
The phase-in established in this Section does not apply to any portion of the Charge that results from the inclusion in the calculation of the Charge of any impervious surface area that is created after June 30, 2013.
(d)
To receive a credit or exemption under Section 19-35(e) for the fiscal year that begins on July 1, 2013, a property owner must apply to the Director of Environmental Protection or the Director of Finance, as applicable, not later than September 30, 2013.