Chapter 19. Erosion, Sediment Control and Stormwater Management - Regulations

A. In accordance with the authority conferred under Chapter 19, Section 19-3 1, of the Montgomery County Code, 1994, as amended (hereinafter referred to as the "Code"), the County Executive hereby promulgates this regulation for the purpose of implementing the County's stormwater management program as set forth in Chapter 19 of the Code.

B. This regulation pertains to all applications for approval of preliminary plans, stormwater management plans and sediment control permits, the issuance of building permits for new construction, financial security requirements, easements, agreements and maintenance requirements for on-site stormwater management controls, best management practices design criteria, and waivers.

The definitions of terms used in this regulation are provided in Chapter 19, Section 19-21, of the Code. For purposes of this regulation, the following additional words and phrases will have the meanings respectively ascribed to them by this regulation:

Hotspot: An area where land use or activities generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater.

Soil Survey: The Soil Survey of Montgomery County, Maryland, Natural Resources Conservation Service, U.S. Department of Agriculture, July 1995.

Stormwater management concept plan: A statement or drawing, or both, describing the manner in which stormwater runoff from the proposed development will be controlled to minimize damage to neighboring properties and receiving streams and to also prevent the discharge of pollutants into surface waters.

A. Stormwater management concept stage.

1. Plan required. Before the Montgomery County Planning Board approves a preliminary plan of subdivision, the Department of Permitting Services must review and approve a stormwater management concept plan submitted by the applicant. If a preliminary plan of subdivision or site plan is not required, then the Department must approve the stormwater management concept plan before the applicant may apply for a sediment control permit.

2. Contents. The concept plan must include the following information:

a) A description of how stormwater runoff from the development will be controlled to preserve or improve water quality, prevent on-site and off-site stream channel erosion, and maintain groundwater levels;

b) An analysis of existing water quality conditions, including locating streams, impoundments, and wetlands on the site;

c) The results of geotechnical investigations, such as soil borings and perc tests when structural recharge is proposed; and

d) An indication of the method of access to the facilities from public rights of way for the purpose of maintenance.

3. Notice to other property owners. The applicant must provide written notification of the pending preliminary plan application to the owners of any properties that adjoin the site of the proposed development or that are within 500 feet downstream of the proposed development within 10 days after having submitted the application. The notice must be sent by registered mail and must include a copy of the stormwater management concept plan, the preliminary plan reference number, and a statement informing the property owners that they must submit in writing any comments concerning the preliminary plan to the Department within 21 days after receiving the notice. The applicant must certify to the Department that the applicant has provided the required notice to property owners by submitting a copy of the notice and a list of the persons notified to the Department within 20 days after submitting the preliminary plan application.

4. Hydrology. This Section presumes that pre-development conditions are woodland or meadow in good hydrologic condition for the planning and placement of stormwater management structures.

B. Sediment control permit stage.

1. Any person required under Chapter 19 of the Code to obtain a sediment control permit must include a stormwater management design plan as part of the application for that permit. The design plan must conform to the approved stormwater management concept plan. The application must include:

a) construction drawings for all stormwater management facilities in accordance with criteria established in Chapter 19 of the Code;

b) construction specifications;

C) structural computations and certifications signed by an engineer registered in the state of Maryland;

d) supporting hydrologic, hydraulic, and design computations;

e) soil analysis;

f) drainage area and watershed data;

g) a landscape plan, prepared by a landscape architect registered in the state of Maryland, for all surface structures, that addresses aesthetic, habitat, and water quality needs, and is in conformance with Department standards;

h) for ponds, if any, standard certifications and signature blocks must be on design drawings before submittal for signature to the Montgomery Soil Conservation District; and

i) all other necessary information needed for review and approval by the Department.

2. If the proposed stormwater management facility is on land that is either owned by or proposed for dedication to the Maryland-National Capital Park and Planning Commission, the stormwater management design plan must be approved by the Board before the Department may approve the plan and issue a building permit for the proposed development. An applicant that proposes dedicating land to the Commission must enter into an agreement to dedicate land with the Board and provide a certified copy of that agreement to the Department along with the Board's written approval of the design plan.

3. If constructing a stormwater management facility on the proposed development site is likely to affect existing or proposed water and sewer lines, the Washington Suburban Sanitary Commission's approval of the stormwater management concept plan is required before the Department may approve the plan and issue a building permit for the proposed development.

C. Qualifications for Both Concept and Design Plans

1. Stormwater management concept and design plans must be prepared by a professional engineer, professional land surveyor, or landscape architect licensed in Maryland. If a stormwater best management practice requires either a dam safety permit from the Maryland Department of the Environment or a small pond approval from the District, the design plan must be prepared by a professional engineer licensed in the State of Maryland.

2. Best management practices. The applicant must document adherence to minimum stormwater control requirements at the stormwater management concept plan approval stage and at the sediment control permit approval stage. Before an application for a sediment control permit is approved, the applicant must enter into an easement and maintenance agreement with the County, approved as to form and substance by the Director, to ensure continued compliance with structural and nonstructural best management practices; however, the Director may waive this requirement as it relates to nonstructural best management practices for single family lots or properties when the Director is satisfied and reasonably certain that the nonstructural best management practices will remain functional after construction of the development is complete.

D. Installation Inspections

1. The applicant must notify the Department at least 48 hours before beginning any construction activity in conjunction with a stormwater management plan and hold a pre-construction conference with a designated representative of the Department.

2. The Department or a professional engineer licensed by the State of Maryland must perform installation inspections of any stormwater management facility under construction as needed to ensure that the facility complies with approved plans. The inspector must perform the inspections in accordance with Department-approved checklists for each type of stormwater management facility. The person performing the inspection must prepare a written inspection report for the Department to maintain that includes the following information:

a) The date and location of the inspection;

b) Whether construction was in compliance with the approved stormwater management plan;

C) Any variations from the approved construction specifications; and

d) Any existing violations of applicable County law.

3. The Department must notify the applicant in writing if the person conducting the inspection observes any violations of applicable County law during the inspection. The written notification must describe the nature of the violation and prescribe the corrective action needed.

4. No construction work on a stormwater management facility may proceed until the Department inspects and approves the work previously completed and furnishes the results of the inspection reports to the applicant after completing each required inspection.

5. If the applicant and the Department have entered into a financial security agreement that specifies the various stages of work to be completed on the facility, the applicant must contact the Department after completing each stage to request an inspection. After the Director certifies that the applicant has completed that stage of work in accordance with the approved plan, the Director may reduce the required financial security by a prorated amount or may direct the Director of Finance to refund to the applicant a prorated share of the amount of financial security that the applicant deposited with the County.

6. Once construction is complete, the applicant must submit an as-built plan and certification to the Department to ensure that the stormwater management facility has been constructed in conformance with approved plans and specifications. The plan and certification must be prepared by a professional engineer, professional land surveyor, or landscape architect that is licensed or registered in the State of Maryland or by any other person whose qualifications to prepare as-built plans and certifications are acceptable to the Department. A Maryland-licensed professional engineer must prepare the plans and certifications for ponds.

A. Structural Stormwater Management Measures

1. An applicant must design and construct the following structural best management practices in accordance with the Design Manual as well as local standards instituted by the Department to satisfy the applicable minimum control requirements established under County law:

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. The applicant must consider performance criteria specified in the Design Manual in relation to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance when selecting structural management practices.

3. The applicant must select structural stormwater management practices to accommodate the unique hydrologic or geologic regions of the County.

B. Nonstructural Stormwater Management Measures

1. An applicant must apply the following nonstructural best management practices in accordance with the Design Manual as well as local standards instituted by the Department to minimize increases in new development runoff.

a) Natural area conservation;

b) Disconnection of rooftop runoff;

C) Disconnection of non-rooftop runoff;

d) Sheet flow to buffers;

e) Grass channels; and

f) Environmentally sensitive development.

2. The Director may reduce the minimum control requirements specified under County law when nonstructural stormwater management practices are incorporated into site designs according to the Design Manual.

C. Specific Design Considerations

1. Water quality. The design of best management practices must consider - the thermal effects of the development on receiving streams. The applicant must mitigate these effects if the Director determines that mitigation is necessary to preserve the water quality of the receiving streams.

2. Recharge. If the delineation is unclear in the Soil Survey or if a hydrologic soil group is not assigned to a specific soil, then the default hydrologic soil group for recharge design is "B."1 There are no recharge requirements for redevelopment project sites or for sites identified as hotspots.

3. Channel protection. All surface ponds in Use III, Use IV, and high quality Use I watersheds must be designed to provide 12-hour extended detention of the one-year, 24-hour storm event. All other surface ponds and all underground structures must be designed to provide 24-hour extended detention of the one-year, 24-hour storm event.

1Soil types are grouped hydrologically in the Soil Survey.

4. Flood protection.

a) Overbank flood protection may only be required if the Director determines that the receiving floodplain, flow path, or storm drain system is insufficient to handle the flow from a 10-year storm. In such cases, the stormwater management concept plan must show how the peak discharge of the predeveloped 10-year, 24hour storm is maintained.

b) Management of the 100-year storm is required only when the department determines that controls are necessary to protect existing buildings.

5. Nonstructural best management practices. The Director may accept nonstructural management practices to help satisfy the minimum stormwater control requirements when the Director is reasonably certain that the nonstructural management practices will remain functional after construction of the development is complete.

A. An applicant making a contribution under Chapter 19 must provide the contribution to the County before the Director issues a building permit for the development.

B. An applicant dedicating land under Chapter 19 must sign any agreement entered into with the Department or the Board before recording the plats for the land being dedicated. If no recorded plat is required, then the applicant must enter into the agreement with the Department or the Board before the Director may issue a building permit to the applicant. The applicant must provide to the Department a certified copy of any signed agreement entered into with the Board.

A. Notification required. A person must notify the Department of Environmental Protection at least 48 hours before initiating any maintenance work on a stormwater management facility.

B. Qualifications of maintenance personnel. A person that performs repair or maintenance on a stormwater management facility must have demonstrated experience in stormwater management facility construction and inspection and hold a certificate of attendance awarded through a training program approved by the Department of Environmental Protection. A person that performs repair or maintenance on an underground facility must have the training and credentials required under applicable state and federal law.

C. Final inspection. Upon completion of the repair or maintenance on a stormwater management facility, the Department must conduct a final inspection of the facility. If the Director determines that the facility is not in proper working condition, the Director must prepare a written report specifying the additional repair or maintenance needed to place the facility in proper working condition and provide a copy of the report to the owner of the facility.

A. Any person performing repair or maintenance on a stormwater management facility must ensure that the receptacle used to transport materials or debris resulting from the repair or maintenance has been cleaned of all septage residue if the receptacle was previously used to transport septage.

B. Any person that transports waste materials resulting from repair or maintenance of a stormwater management facility must submit a report to the Department of Environmental Protection within 24 hours after disposing of the materials. The report must be on a form provided by the Department of Environmental Protection and must include the following information along with a copy of the receipt from the disposal facility where the materials are deposited:

1. Name, address, and phone number of the person transporting the materials;

2. Sequence number and location of the facility from which the materials were removed;

3. Types of structures from which the materials were removed and the number of structures at the site;

4. Amount and types of waste materials removed;

5. Date the material was removed; and

6. Location of the facility to which the materials were delivered for disposal.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

This regulation takes effect upon approval by the County Council.

Each application including applications for revisions must be accompanied by the minimum permit fee. All remaining fees must be paid prior to any subsequent submission for review or prior to permit issuance, whichever is first. Fees for the issuance or renewal of sediment control permits are:

BeginningJuly 1, 1997

1. Permits issued using the Application for Small Land Disturbing

Activities $260.00

2. Permits for forest harvest activities $100.00

3. Permits for activities related to the maintenance of stormwater

management facilities $260.00

4. All other sediment control permits (Per square feet of disturbed area) $0.030

Minimum fee $670.00

5. Technical revisions to permits with no increase in

disturbed area 35% of original fee

Maximum fee $1,450.00

Minimum fee $670.00

Stormwater management concept plans may include one or more of the following:

- Onsite water quality control

- Onsite water quantity control

- A waiver of onsite water quality control

- A waiver of onsite water quantity control

All fees must be paid before the Department initiates reviews.

Fees for the evaluation of stormwater management concepts are:

Size of Development

BeginningJuly 1, 1997

1. For waivers of onsite stormwater management that are granted in

accordance with the standard contribution categories listed in

Executive Regulation 5-90, Section 2.A.2.e. $425.00

2. All other stormwater management concept plans which are

25 acres or less $1,160.00

3. All other stormwater management concept plans which are

greater than 25 acres $1,500.00

4. Fees for revisions to previously approved stormwater management concept plans are 50% of the original fee for modifications that include reevaluation of stormwater management facility sizing, design, or location, and 20% of the original fee for all other modifications.

All fees must be paid at the time of application or before the Department initiates reviews.

Fees for the administration of the Floodplain District Program are:

BeginningJuly 1, 1997

1. Floodplain District Permit $335.00

2. Review and approval of studies that define, verify, or modify

floodplain district limits $990.00

3. Review and approval of dam breach studies $990.00

4. Certification of Floodplain Limits not covered by C.1, C.2, or C.3. $85.00

The following provisions pertain to all fees covered by this regulation:

1. Refunds

All fees are non-refundable.

2. Extensions

The fee to extend sediment control and floodplain district permits after written application and before the expiration of the original permit is $85.00. Each extension is limited to six (6) months. Only two (2) extensions may be granted for each permit. All subsequent extensions are considered to be technical revisions.

3. Transfers

Permit fees are not transferrable.

4. Change of Legal Description or Ownership

The fee for a revision to a sediment control permit or a floodplain district permit for changes of legal description or ownership is the minimum permit fee.

5. Late Payment of Fees

If fees are not paid as described in this regulation, the application for permit will be returned to the applicant until such fees are paid.

6. Bond Replacement

The fee for replacement of a Performance Bond, Cash Bond, Irrevocable Letter of Credit, or Certificate of Guarantee is $50.00. If the purpose of the replacement is to reduce the amount of the instrument due to partial completion of stormwater management facilities, the fee is $100.00.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation becomes effective on July 1, 1997.

In accordance with procedures authorized in Chapter 19, Article I, title "Erosion and Sediment Control" Sections 19-10 and 19-17, Article II, title "Stormwater Management", Sections 19-31 and 19-32 of the Montgomery County Code 1984, as amended, the following Executive Regulation pertains to the establishment and use of Certificates of Guarantee to satisfy the requirements of Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code 1984, as amended.

A. Any organization interested in applying to the Department of Environmental Protection (DEP) for approval to issue Certificates of Guarantee, pursuant to Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code, 1984, as amended, must submit to DEP a written request for such approval. The written request must be signed by the president or chief executive officer of the organization. The written request must set forth each of the Application Standards, as listed below, and must explain in detail how the applicant meets or exceeds each Application Standard.

B. Application Standards:

1. Structure of Approved Organization:

a. The organization must be incorporated under the laws of the State of Maryland and must be in good standing under said laws at the time of application. The organization must file a copy of its charter with DEP. It is the duty of the organization, once approved, to file copies of all charter amendments with DEP, and ensure that its corporate charter is not forfeited or revoked during the time it is issuing Certificates of Guarantee.

b. The principal office of the organization must be located in the State of Maryland and the address must be listed on the application.

c. The organization must have a resident agent, as required by Maryland Corporation Law. The organization must inform DEP on the application of the resident agent's name and address. It is the duty of the organization, once approved, to notify DEP of all changes in the resident agent's name and address.

d. The organization must have adopted working by-laws, copies of which must be filed with DEP. It is the duty of the organization, once approved, to file copies of any changes to the by-laws with DEP.

e. The organization must have a board consisting of not less than three (3) directors. The board of directors is responsible for setting the policy of the organization. Additionally, the board of directors is responsible for admitting new members (although it may delegate this responsibility to a specific committee), suspending or terminating existing members, approving project applications, and taking action with respect to members who are experiencing difficulty in connection with an individual project.

f. The officers of the organization must be elected at least annually and must consist of at least a president and a secretary/treasurer. The president presents such matters to the board of directors (as require board approval) and controls and directs the activities and business of the organization through its executive officer and staff. The treasurer is responsible for reporting the financial condition of the organization, submitting an annual budget for the board's approval, and obtaining an annual audit of the organization's financial records. The secretary is responsible for keeping the minutes of the Board of Directors and preserving them as a permanent record.

g. The organization must have an executive officer who is responsible for handling the routine or day-to-day affairs of the organization.

h. The organization must employ legal counsel who is admitted to practice before the Court of Appeals of Maryland. It is the duty of the organization to notify DEP of the name, address and telephone number of its legal counsel on the application and whenever the legal counsel changes.

i. The organization must maintain normal business hours, from approximately 9:00 a.m. to 5:00 p.m., five days a week, weekends and holidays excepted. The office must have a listed telephone number which is operational during business hours.

j. The organization or its members must be able to demonstrate experience and technical competence in the supervision of .the construction of public and private improvements in connection with the development of property for residential, commercial or industrial use, including, without limitation; grading, street and road construction, sediment control and stormwater management (hereinafter referred to as Guaranteed Work).

2 . Meetings:

a. The organization must hold its annual meeting at a date, time and place which has been communicated in writing to DEP at least twenty (20) days in advance. DEP may, at its discretion, send a representative to the annual meeting.

b. The organization must hold regular meetings, on at least a monthly basis, at a date, time and place which has been communicated in writing to DEP at least ten (10) days in advance of each meeting. DEP may, at its discretion, send a representative to any or all of such meetings.

c. The organization must maintain at its business office, a corporate record book which contains, inter alia, minutes of all the organization's meetings signed by the secretary. The corporate record book must be open for inspection, during business hours, to a representative of DEP.

d. At the regular and annual meetings the business of the organization must include the admission of new members to the organization, suspension or termination of members of the organization, consideration and approval of applications by members for a Certificate of Guarantee and consideration of any pending Certificates of Guarantee in which the organization has been informed that a member of the organization is experiencing difficulty in construction of the Guaranteed Work.

3. Financial Responsibility:

a. The organization must have monetary assets of at least 5% of the total amount of the outstanding Certificates of Guarantee. The cost of the Guaranteed Work is as set forth in the permit issued by Montgomery County.

b. The organization must hold the aforesaid monies, in a federally or state insured interest-bearing account as determined by the board of directors.

c. The organization must, at the request of DEP, from time to time, promptly inform DEP of the amount of monies being held by the organization and the manner in which said monies are being held.

d. The organization must employ a certified public accountant to prepare an annual profit and loss statement. Monthly financial reports may be signed by the organization's vice-president or treasurer. A copy of these financial documents must be forwarded, upon completion, promptly to DEP.

4. Membership:

a. In those cases where the organization is wholly owned by a parent corporation, the organization may require, as a condition of membership in the organization, that the member also be a member in good standing of the parent corporation. Said parent corporation may restrict membership in the parent corporation to those members who share a common business purpose, e.g., builders or developers, provided said restriction has a rational basis, and further provided there is no discrimination among prospective members based on race, creed, color, sex, age or national origin.

C. Review and Approval of Applications by DEP:

Upon receipt of the written application from an organization for approval to issue Certificates of Guarantee, and upon receipt of any and all additional information which DEP may reasonably require, DEP must, within thirty (30) days, notify the applicant, in writing, of the director's decision. Any decision not to approve an organization must contain a written explanation of the reason or reasons for disapproval. Any organization aggrieved by the Director's decision may submit further written material to the director in writing within ten (10) days from receipt of the decision of disapproval. Upon reconsideration by the Director a written decision must be issued to the organization, in writing, within fifteen (15) days after receipt of the written materials. The decision of the Director is final except for further judicial review otherwise provided by law.

This regulation will take effect 30 days after the date of adoption by the County Council.

Under procedures authorized in Chapter 19, Article I entitled "Erosion and Sediment Control," Sections 19-10 and 19-17, and in Chapter 2A, Section 2A-15, of the Montgomery County Code 1972, as amended, the following Executive Regulation pertains to Sediment Control Plans and all land disturbing activities as defined by Chapter 19. Definitions of the terms used in these Regulations are provided in Chapter 19, Sections 19-1 and 19-21.

All land disturbing activities and sediment control plans must comply with these Rules and Regulations.

Any violation of these provisions is a violation of Chapter 19. A person must not violate the provisions of Chapter 19 or these Rules and Regulations.

General Administration - Erosion and Sediment Control Plans

A. The plans submitted by the Applicant must be designed to minimize sedimentation on any off-site property, and in storm drains and watercourses. The plans must show on-site grading and drainage control designed in a manner to prevent off-site property damage. The review of sediment control plans may include on-site field evaluation.

B. The Department must not approve any plan unless the plan meets the provisions of Chapter 19 and these Rules and Regulations. If the plan is not approved as submitted, the Department must give timely written notification of the deficiencies to the applicant.

C. Erosion and Sediment Control plans for specific sites must be prepared by a professional engineer or land surveyor unless prior written approval of preparation by another person has been granted by the Department.

D. In addition to approval by the department, the Maryland National Capital Park and Planning Commission (M.N.C.P.P.C) must approve erosion and sediment control plans for facilities that are to be located on property owned by or to be dedicated to the M.N.C.P.P.C..

E. The following information, proposals, and supporting certifications must be submitted with the Erosion and Sediment Control (SC) Plans. The SC plan must be submitted with 2 prints for review. Other information may be submitted as separate items as per the checklist below. A reproducible must be submitted once the plan is ready to be approved. Items may be added to or deleted from this list if deemed necessary by the Department.

1. Sediment Control Application (retain pink copy for applicant's record)

2. 1F-1 form

3. Vicinity sketch, legend, scale, north arrow (Show on SC plan).

4. Title block by subdivision name, lot, block or other legal descriptive title (Show on SC plan).

5. Boundary line outline, ownership and total acreage of property for which work is to be performed. (Show on SC plan, where applicable).

6. Delineation of total area to be disturbed (Show on SC plan).

7. Existing and proposed elevations and contours on the site. A 2' contour interval must be used, unless otherwise specified by the plan approval agency. (Show on SC plan).

8. Existing and proposed improvements to the property; including, but not limited to: streets, parking lots, utility installations, buildings, retaining walls, and other structures (Show on SC plan).

9. Delineation of the 100-year floodplain. No fill or permanent structures are permitted within the confines of the 100-year floodplain without a floodplain district permit (Show on SC plan).

10. Grade establishment plans and profiles for public streets, where applicable, as submitted to the Montgomery County Department of Transportation (1 copy).

11. Storm drainage study including drainage area map, computations, and scale. Delineate contributory subdrainage areas within and outside of the site. Indicate the flow of a 10 year storm (Q10) for any area served by an existing or proposed on-site drain or channel (2 copies).

12. Show how all storm drainage is handled. Where public storm drainage is involved, Montgomery County Department of Transportation must review for issuance of storm drainage permits. Show receiving channel profile and typical cross-section. Indicate velocity of Q10 storm flows at pipe outfalls, outfall structures and receiving channels at the property line. Show existing and proposed contours for a minimum of 100 feet below storm drain outfalls (show on SC plan).

13. On projects requiring on-site stormwater management, the Stormwater Management Rules and Regulations adopted pursuant to Article II of this Chapter apply.

14. Sediment control measures must be designed to minimize erosion and off-site sedimentation from start of land disturbance to establishment of permanent stabilization. Sediment control measures must be located so that construction during the approved phase will not interfere with the function of that measure. (Show on SC plan).

15. Sediment control measures must not be constructed within 20 feet of any building foundation. A building permit must not be issued for construction within 20 feet of a sediment control measure unless removal of the measure is approved by the Department. (show on SC plan).

16. The plan must include a construction sequence that requires clearing for, installation and approval of required sediment control measures prior to commencing any other land disturbing activity. Installation of storm drainage, utility construction, installation/conversion of stormwater management structures, temporary and permanent stabilization must be included in the sequence with other construction activities. The sequence must specify removal of sediment control measures only with prior inspection and permission. (show on SC plan).

17. Temporary diversion of all storm drain outfalls into sediment trapping devices is encouraged. Diversion is required when the off-site drainage area to a storm drain system does not exceed 50% of the on-site drainage area to that system. This requirement may be waived if the Department determines that site conditions make the practice impossible (show on SC plan).

18. Sediment control measures must be detailed on the drawings in accordance with the Standards and Specifications (show on SC plan).

19. On projects incorporating sediment basins, the following information must be submitted:

a. Specific location of the dam (show on SC plan);

b. Plan view of the dam and the storage basin (show on SC plan);

c. Cross section and profile of dam, emergency spillway, and principal spillway. (show on SC plan);

d. Specific details, notes, and construction specifications (show on SC plan); and

e. Run-off calculations for 10-year storm (show on design data sheet similar to that shown in the Standards and Specifications).

20. Temporary sediment basins and traps that pond water greater than nine (9) feet in width and eighteen (18) inches in depth must be surrounded by safety fence at least forty-two (42) inches in height with openings not greater than three (3) inches in width. This fence must be firmly anchored to posts no more than eight (8) feet apart and constructed in a manner to prevent sagging. (Show on SC plan).

21. Shoring, retaining walls, and other devices to safeguard public streets, alleys, or other properties or persons must be designed by a professional engineer, and meet accepted engineering standards. Federal regulations governing excavations, trenching, and shoring must be followed in the design of these supporting systems.

22. Erosion and Sediment Control Plans must include the following certifications:

a. Owner/Developer's Certification: which certifies that all activities covered by the sediment control permit will be done in conformance with tne approved plan and that there will be a person responsible for sediment control on the construction project who has a current certificate of training at a Maryland Department of the Environment approved training program for the control of sedimentation and erosion. The certification must be dated and signed by the owner/developer. (Show on SC plan).

b. Design Certification: which certifies that the plan has been prepared in accordance with the Standards and Specifications, and the Montgomery County Erosion and Sediment Control Rules and Regulations. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan)

c. Certification of cut and fill and disturbed area: which certifies the estimated amounts of fill, cut and disturbed area as shown on the approved plan. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan).

23. Where protection of specimen trees and/or other vegetation is required, it must be shown on the plan. The method of protection must be specified with a detail or excerpt from the Standards and Specifications given (show on SC plan).

24. A temporary stabilization note must be placed on the plan that conforms with the requirements of paragraphs G and H of 19.10.02.04 of these Rules and Regulations (Show on SC Plan).

25. After the plan has been reviewed by the Department, the owner must be notified in writing as to fee and bond required. The appropriate forms for bonding and easement will be mailed, along with the fee and bond notice.

26. When the above requirements have been satisfied and the plan is approved, three (3) sets of prints (4 sets if stormwater management plans are required) must be submitted to the Department prior to issuance of permit.

F. The Department may waive the requirement for scale plans or drawings if proposed land disturbing activity will comply with the limitations of the Small Land Disturbing Activities Agreement. Those limitations are as follows:

1. The property must not be disturbed more than 20,000 square feet for commercial, or 30,000 square feet for residential development at any one time;

2. Proposed impervious surfaces on the property must not total greater than 15,000 square feet;

3. Volume of earth movement on the property must be less than 1,000 cubic yards; and

4. No more than 3 contiguous lots or parcels must be approved for development at one time under one ownership through use of this agreement.

A. The permittee must notify the Department 48 hours before commencing any land disturbing activity and, unless waived by the Department, is required to hold a pre-construction meeting between the permittee or representative and an authorized representative of the Department.

B. The permittee must:

A. No permanent cut or fill slope with a gradient steeper than 3:1 is permitted in lawn maintenance areas. A slope gradient of up to 2:1 is permitted in low maintenance areas provided that those areas are indicated on the erosion and sediment control plan with a low-maintenance ground cover specified. Slope gradient steeper than 2:1 is not permitted with vegetative stabilization.

B. The permittee must provide transition into the grade of the adjoining property at or before the boundary line. An exception may be given where a retaining wall is properly designed and built entirely on the property of the owner who creates the grading, or where that owner has a letter of authorization from the adjoining property owner to extend the slope into the adjoining property.

A. The permittee must not create a fill which causes water to pond on off-site or adjacent property, unless the fill is associated with an approved temporary sediment control structure, permanent stormwater management structure, or planned landscape structure. The permittee must first obtain ownership or easement for that use from the owner of the off-site or adjacent property.

B. The permittee must install a splashblock at the bottom of each downspout unless the downspout is connected by a drain line to an acceptable outlet.

C. For finished grading, the permittee must provide adequate gradients so as to: (1) prevent water from standing on the surface of lawns more than twenty-four (24) hours after the end of a rainfall, except in swale flow areas which may drain as long as forty-eight (48) hours after the end of a rainfall, and (2) provide positive drainage away from all building foundations or openings

The following design criteria are acceptable for use, and must be referenced or shown on plans submitted to the Department:

A. The "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control," or any subsequent revisions;

B. Storm Drain Design Standards and Specifications, by the Washington Suburban Sanitary Commission;

C. Interim Storm Drain Design Criteria, by the Montgomery County Department of Transportation;

D. SCS, Maryland Standards and Specifications for Ponds, Practice Code 378, revised;

E. SCS Technical Release No. 55, Urban Hydrology for Small Watersheds;

F. SCS Engineering Field Manual; and

G. Interim Hydraulic Criteria for Design of Highways, by the Maryland State Highway Administration.

This Executive Regulation will take effect 30 days after the date of adoption by the County Council.

1.1 On November 20, 2001, the County Council amended County law regarding storm water management facilities by enacting revisions to Sections 19-20 through 19-35 of the Montgomery County Code. These amendments create a loan program to help property owners upgrade their storm water management facilities to meet approved design standards. The countywide storm water program will provide publicly funded maintenance to replace private maintenance for the facilities that have been improved through County loans and subsequently accepted by the County for continued maintenance. The loan program, which is to be administered by the Department of Environmental Protection ("DEP" or the "Department"), is designed to promote a countywide storm water maintenance program. These amendments enable the County to comply with the requirements of the NPDES (National Pollutant Discharge Elimination System) permit, issued to the County under the authority of the federal Clean Water Act.

2.1 Use of Funds

The principal use of funds from the Storm Water Management Loan Program (the "Program") is to facilitate the repair and upgrade of storm water management structures belonging to private property owners by helping the owners restore the structures to their originally approved design standards or better if required under existing law or agreed to by the County and the property owner. The funds may also be used to help repair any property damage associated with the restoration or upgrade of a storm water management structure. Once this is accomplished, borrower must enter into an agreement with the County providing for the restored structure to subsequently be publicly maintained under the County-wide storm water management program.

2.2 Limitations on Use of Funds

The use of funds from the Storm Water Management Loan Program, as described in Section 2.1, is subject to the following limitations:

a. The proposed scope of work must be pre-approved by DEP.

b. Before authorizing direct disbursement of any payments due to a contractor that the borrower has hired to upgrade a storm water management facility under an agreement created solely between the borrower and the contractor, DEP must confirm that the contractor has either performed or made satisfactory progress toward performing the pre-approved repairs and maintenance work correctly and in accordance with the agreed upon scope of work.

c. The County must make loan payments directly to the contractor on a draw down schedule consisting of installments. The first installment of 25 percent of the total sum due under the contract is payable only after the County receives a request for payment from the borrower in a form approved by the County and the Department has verified that the contractor has ordered materials and begun performance. The remaining installments are payable at various completion stages under the agreed upon scope of work. In each instance, the borrower must request payment from the County and the Department must verify that the contractor has performed each repair or maintenance task correctly before the County may authorize a payment to the contractor.

d. Any contractor that a borrower hires to upgrade a storm water management facility must execute a performance bond naming Montgomery County as the obligee before the County may pay the contractor under the Program.

e. A borrower must not use County funds to pay for a contractor's unanticipated costs. All cost overruns are the responsibility of the borrower, not the County.

2.3 Application Procedures

The Director approves and denies loans for property owners who apply for funds under the Storm Water Management Loan Program. The Director may delegate this authority. Applications must be submitted in writing in a form approved by the Department and forwarded, along with the financial information described in Section 2.6, to the following address:

Director

Department of Environmental Protection

255 Rockville Pike, Suite 120

Rockville, Maryland 20850

2.4 Lending Standards

When reviewing applications for the use of funds from the Storm Water Management Loan Program, the Director must consider the following factors:

a. Existing commitments for use of the funds;

b. The existence and expectation of funds projected to be available in the program;

c. The degree to which the proposed use of funds will further DEP's storm water quality and quantity control goals;

d. Financial requirements and capacity to repay the loan as described in Section 2.6; and

e. Other factors that the Director deems consistent with Department goals of preparing storm water management facilities for public maintenance.

2.5 Priorities

a. The Director may give priority to loan applicants who propose to upgrade the following facilities and structures:

In accordance with procedures authorized in Chapter 19, entitled "Erosion and Sediment Control and Stormwater Management," Section 19-31, and in chapter 2, Section 2-105, of the Montgomery County Code 1984, as amended (hereinafter referred to as "the Code"), and in compliance with Sections 8-11A-01 through 8-11A-08, Natural Resources Article, Annotated Code of Maryland, and with COMAR 08.05.05.01 through 98.95.05.10, the following Executive Regulation will pertain to all applications for Preliminary Plan approval, Record Plat approval, building permit issuance for new construction, sediment control/stormwater management plan approval and sediment control permits, and to performance bond requirements, required maintenance easements and agreements, maintenance of on-site facilities, and stormwater management participation, and appeal procedures.

A. Requirements

In accordance with Chapter 19, Section 19-25, when a waiver of onsite stormwater management is granted, the applicant is required to make a monetary contribution in accordance with the contribution schedules under Item B of this Section for water quantity control or water quality control or both or as agreed to by the County and the developer, or is required to grant an easement and/or the dedication of land for a stormwater management facility.

B. Contribution Schedules

1. Water Quantity (Rate) Control

Where the applicant has obtained a waiver of the onsite SWM requirement for water quantity (rate) control and is required to make a monetary contribution to the County, the following schedules are used to determine the amount of the contribution, unless the developer and the County have agreed that the applicant may make a greater alternate contribution:

a. Contributions made prior to July 1, 1991:

General Quantity (Rate) Control Contribution Schedule

In the following residential zones, for single-family detached dwellings, except MPDU's, the following fee schedule applies:

Zone Fee Per Each Lot

RE-2C $360.00

RE-1 360.00

R-200 (also R-R) 730.00

R-200, Cluster-option 540.00

R-150, D.C.-option 700.00

R-150, Cluster-option 590.00

R-90 600.00

R-90, Cluster-option 490.00

R-60 530.00

R-60, Cluster-option 450.00

For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies:

Percent Impervious Fee Per Each Acre

10% $ 360.00

20% 890.00

30% 1530.00

40% 2140.00

50% 3000.00

60% 4440.00

70% 6960.00

80% 10060.00

90% 14240.00

100% 19000.00

b. Contributions made from July 1, 1991 to June 30, 1992

General Quantity (Rate) Control Contribution Schedule

In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies:

Zone Fee Per Each Lot

RE-2C $ 630.00

RE-1 630.00

R-200 (also R-R) 1210.00

R-200, Cluster-option 890.00

R-150, D.C.-option 1150.00

R-150, Cluster-option 970.00

R-90 950.00

R-90, Cluster-option 770.00

R-60 810.00

R-60, Cluster-option 700.00

For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies:

Percent Impervious Fee Per Each Acre

10% $ 630.00

20% 1550.00

30% 2520.00

40% 3320.00

50% 4500.00

60% 6720.00

70% 10980.00

80% 16280.00

90% 23620.00

100% 32000.00

c. Contributions made on or after July 1, 1992:

General Quantity (Rate) Control Contribution Schedule

In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies:

Zone Fee Per Each Lot

RE-2C $ 900.00

RE-1 900.00

R-200 (also R-R) 1700.00

R-200, Cluster-option 1250.00

Zone Fee Per Each Lot

R-150, D.C.-option 1600.00

R-150, Cluster-option 1350.00

R-90 1300.00

R-90, Cluster-option 1050.00

R-60 1100.00

R-60, Cluster-option 950.00

For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies:

Percent Impervious Fee Per Each Acre

10% $ 900.00

20% 2200.00

30% 3500.00

40% 4500.00

50% 6000.00

60% 9000.00

70% 15000.00

80% 22500.00

90% 33000.00

100% 45000.00

d. Contributions for those properties developed in a TDR receiving area zone are to be based on the residential zone whose permitted minimum lot size is closest in size to that of the lot size as approved on the site plan or at subdivision in the TDR receiving area zone.

e. For any percentage of imperviousness not listed, the calculations are to be interpolated.

f. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space.

g. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programmed, or identified for construction in the County Six Year Capital Improvements Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c), the Montgomery County Code, 1984, as amended.

2. Water Quality Control

Except when exempt by law, where the applicant has either received a waiver of water quality control or is not required to provide water quality control for any reason, the following schedules must be used to determine the amount of a contribution, unless the applicant and the County have agreed that the applicant may make a greater alternate contribution.

a. Contributions made prior to July 1, 1991

Water Quality Control Contribution Schedule

Percent Impervious Contribution Per Each Acre

10% $ 80.00

20% 90.00

30% 380.00

40% 580.00

50% 970.00

60% 1590.00

70% 2210.00

80% 3030.00

90% 3590.00

100% 4670.00

b. Contributions made from July 1, 1991 to June 30, 1992

Water Quality Control Contribution Schedule

Percent Impervious Contribution Per Each Acre

10% $ 170.00

20% 190.00

30% 690.00

40% 1042.00

50% 1730.00

60% 2790.00

70% 3850.00

80% 5270.00

90% 6050.00

100% 7330.00

c. Contributions made on or after July 1, 1992

Water Quality Control Contribution Schedule

Percent Impervious Contribution Per Each Acre

10% $ 250.00

20% 370.00

30% 1000.00

Percent Impervious Contribution Per Each Acre

40% 1500.00

50% 2500.00

60% 4000.00

70% 5500.00

80% 7500.00

90% 8500.00

100% 10000.00

d. For any percentage of imperviousness not listed, the calculations are to be interpolated.

e. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space.

f. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programed, or identified for construction in the County Six Year Capital Improvement Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c) of the Code.

The contribution required must not exceed the cost of providing onsite SWM. In such cases where the applicant can provide evidence, acceptable to DEP, that onsite SWM can be provided at a lower cost (including the cost of land and long term maintenance) than the required contribution, the Director will adjust the contribution to be no greater than the applicant’s estimated cost (including land cost and long term maintenance) of providing onsite SWM.

By mutual agreement of the applicant and the Director, and when the applicant has obtained a waiver of the required onsite SWM, DEP (or MNCPPC when the site is on parkland) may accept the dedication of land, other specific improvements, or an easement for the construction, operation, and maintenance of an offsite SWM facility in lieu of a portion of or all of the monetary contribution.

For land that was granted a waiver of onsite stormwater management prior to the effective date of this executive regulation the amount of contribution will be based on the previously adopted schedules, provided that the contribution is paid by July 1, 1991. If the contribution is not paid

by that date, the amount will be in accordance with the current schedule as adopted by this regulation.

This Executive Regulation takes effect 30 days after the date of adoption by the County Council.

A. Authority. In accordance with the authority conferred under Chapter 19, Section 19-35, of the Montgomery County Code, 2014, as amended (hereinafter referred to as the "Code"), the County Executive hereby promulgates this regulation for the purpose of implementing the County's Water Quality Protection Charge as set forth in Chapter 19 of the Code.

B. Applicability. This regulation applies to all owners of residential property and nonresidential property in Montgomery County, Maryland.

The definitions of the terms used in this regulation are provided in Chapter 19, Section 19-21, of the Code. For purposes of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation unless the context indicates otherwise:

Agricultural Property means a property that is used primarily for agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities; temporary or seasonal outdoor activities that do not permanently alter the property’s physical appearance and that do not diminish the property’s rural character; or activities that are intrinsically related to the ongoing agricultural enterprise on the property.

Base Rate means the annually designated dollar amount set by the County Council to be assessed for each equivalent residential unit of property that is subject to the Water Quality Protection Charge.

Condominium means a property that is subject to the condominium regime established under the Maryland Condominium Act.

Director means the Director of the Montgomery County Department of Environmental Protection or the Director's designee.

Eligible Nonprofit Property means real property owned by a 501(c)(3) nonprofit organization that is listed with the Maryland Department of Assessments and Taxation as exempt from ad valorem property taxes under State law.

Equivalent Residential Unit or ERU means the statistical median of the total horizontal impervious area of developed single family detached residences in the County that serves as the base unit of assessment for the Water Quality Protection Charge. The designated ERU for Montgomery County equals 2,406 square feet of impervious surface.

Multifamily Residential Property means a mobile home park or a residential building where one or more dwelling units share a common entrance from the outside with other dwelling units that are arranged above, below or next to one another in the same building, and any housing unit that is subject to the condominium regime established under the Maryland Condominium Act.

Parking Lot means any area that is intended for parking of motor vehicles.

Treatment or Treat means: (1) the improvement of stormwater runoff quality; (2) the reduction of runoff volume; (3) the reduction of peak flow; or (4) any combination thereof using Best Management Practices, Environmental Site Design, Stormwater Management Facilities, or any other practice providing measurable pollutant reduction, runoff volume reduction, or peak flow reduction. Treatment measures must be designed in accordance with the Department of Permitting Services design specifications and the 2000 Maryland Stormwater Design Manual and any subsequent revisions thereto. Treatment as defined and applied herein and Chapter 19, Article II of the Montgomery County Code is separate and distinct from the measures used to prevent erosion and provide for sediment control as set forth in Chapter 19, Article 1 of the Montgomery County Code.

Water Quality Protection Charge or Charge means an excise tax levied by the Director of Finance to cover the cost of constructing, operating, and maintaining facilities within the County's stormwater management system and fund related expenses allowed under applicable state law based on the impact of stormwater runoff from the impervious areas of developed land in the County.

For purposes of determining the appropriate assessment rate, all properties that are subject to the Water Quality Protection Charge are assigned to one of the following classifications:

A. Single Family Residential Tier 1 (SFR1): For single family residential properties where the estimated total impervious area is greater than 0 square feet and less than or equal to 1,000 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

B. Single Family Residential Tier 2 (SFR2): For single family residential properties where the estimated total impervious area is greater than 1,000 square feet and less than or equal to 1,410 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

C. Single Family Residential Tier 3 (SFR3): For single family residential properties where the estimated total impervious area is greater than 1,410 square feet and less than or equal to 3,412 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

D. Single Family Residential Tier 4 (SFR4): For single family residential properties where the estimated total impervious area is greater than 3,412 square feet and less than or equal to 3,810 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

E. Single Family Residential Tier 5 (SFR5): For single family residential properties where the estimated total impervious area is greater than 3,810 square feet and less than or equal to 5,815 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

F. Single Family Residential Tier 6 (SFR6): For single family residential properties where the estimated total impervious area is greater than 5,815 square feet and less than or equal to 6,215 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

G. Single Family Residential Tier 7 (SFR7): For single family residential properties where the estimated total impervious area is greater than 6,215 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water.

H. Multifamily residential property: For multifamily residential properties the impervious area includes the residential structures that contain the dwelling units, the sidewalks, parking lots and any other permanent installations on the developed parcel, whether under single or common ownership, that is impenetrable by water.

I. Nonresidential property: Nonresidential properties may include commercial properties such as office buildings, hotels, retail establishments or industrial properties such as factories and warehouses. Nonresidential properties may also include properties owned by homeowner associations, nonprofit organizations, and any government-owned properties subject to the Charge. The impervious area for these properties includes all buildings, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations.

J. Nonprofit Tier 1 (NP1): For eligible nonprofit property where the estimated total impervious area is greater than 0 square feet and less than or equal to 6,910 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations.

K. Nonprofit Tier 2 (NP2): For eligible nonprofit property where the estimated total impervious area is greater than 6,910 square feet and less than or equal to 54,455 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations.

L. Nonprofit Tier 3 (NP3): For eligible nonprofit property where the estimated total impervious area is greater than 54,455 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations.

M. Agricultural property: The impervious area for agricultural properties only includes the houses on those properties and is assessed in accordance with the Single Family Residential Tier classification.

A. Single family residential properties: The Charge for each single family residential property is based on a percent of the base rate for one ERU in accordance with its assigned tier classification as follows:

A. Eligibility. If a property contains a stormwater management system, the system must be maintained by the property owner exclusively and in accordance with the maintenance requirements of Section 19-28 of the Code for the property owner to be eligible to receive a credit against the Water Quality Protection Charge unless the system was built as part of a County-approved stormwater management participation project.

B. Credit Awards.

A. The Director must prepare and forward to the Director of Finance the necessary data for collecting the Water Quality Protection Charge from owners of property subject to the Charge. The data must identify every parcel to be charged and include the amount of the Charge. If requested by the owner using the review and adjustment process outlined in Section 19.35.01.07 , the Director may consolidate under a single parcel any contiguous parcels owned by the same legal owner. If the Director combines two or more parcels consisting individually of at least one residential parcel and at least one nonresidential parcel, the Director must, for purposes of calculating the Water Quality Protection Charge, treat the consolidated parcel as nonresidential property.

B. The Director of Finance must include the Charge as a separate line item on the real estate tax bill for each property subject to the Charge.

C. The Director of Finance must deposit all payments collected under this Section into a County stormwater management fund.

D. Interest on any overdue payment accrues according to the same schedule and at the same rate charged for delinquent real property taxes until the owner has remitted the outstanding payment and interest. An unpaid Charge is subject to all penalties and remedies that apply to unpaid real property taxes. Any delinquent Charge is a lien against the property. The lien has the same priority as a lien imposed for nonpayment of real property taxes. The Charge must be collected in the same manner as real property taxes.

A. A property owner may request a review and adjustment of the Charge by petitioning the Director in writing, not later than September 30 of the year that payment of the Charge is due if the property owner believes that the Charge has been assigned or calculated incorrectly.

B. When submitting a petition for review of the Charge, the property owner must include a detailed statement of the basis for the petition and documents supporting the property owner's assertion that the property should be assigned to a different classification, the impervious area measurements used to calculate the ERUs for the property are incorrect, or the property is not subject to the Charge under applicable law.

C. Within 60 days after receiving the petition, the Director must review the Charge assigned to the property and make a written determination of whether the property owner's request for an adjustment of the Charge should be granted or denied. The Director may request additional information from the property owner that the Director reasonably believes will help the Director decide whether the property owner is entitled to an adjustment.

D. If the Director concludes that the Charge was levied by mistake or resulted from an inaccurate computation, the Director must submit the corrected data to the Department of Finance with a request for an adjustment to the property owner's bill. After receiving the Director's request, the Director of Finance must make an appropriate adjustment based on the new data submitted by the Director and refund any overpayment to the property owner.

E. If the Director concludes that some or all of the requested adjustment should be denied, the property owner may seek review of the Director’s conclusion by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of the Director’s written decision.

F. 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.

A. Before paying the Charge, the owner of residential property that is owner-occupied, or a nonprofit organization that owns property subject to the Charge, may apply for a financial hardship exemption from the Charge by submitting a written request to the Director of Finance in a form prescribed by the Director not later than September 30 of the year when payment of the Charge is due.

B. (1) To qualify for the exemption, the request submitted by an owner- occupant of residential property must be accompanied by a copy of the owner-occupant’s income tax returns indicating that the property owner’s gross household income did not exceed 170 percent of the poverty guidelines published by the United States Department of Health and Human Services for the year before payment of the Charge is due or verification that the property owner meets eligibility criteria for receiving benefits under the Maryland Energy Assistance Program for the year that payment of the Charge is due.

An owner of an improved aircraft landing area that is exempt from County property taxes under Maryland Code, Tax-Property Art., §8-302, as amended, may apply for a grant to offset all or part of the cost of the Charge by submitting a written application to the Director not later than September 30 of the year that payment of the Charge is due.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

Certain areas of Montgomery County are subject to periodic inundation which may result in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. Flood losses and associated losses are created by structures inappropriately located, inadequately elevated or otherwise unprotected and vulnerable to floods or by development which increases flood damage to other lands or development. In addition, the biological values of floodplains, particularly tidal and nontidal wetlands, can be adversely affected by floodplain development.

It is the purpose of this Regulation to protect human life and health; to minimize public and private property damage; to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; to protect individuals from unwittingly buying lands and structures which are unsuited for intended purposes because of the flood hazards: to protect water supply, sanitary sewage disposal, and natural drainage; to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; to provide for public awareness of the flooding potential; and to provide for the biological and environmental quality of the watersheds or portions thereof located in Montgomery County. The provisions of these regulations provide a unified comprehensive approach to floodplain management which addresses requirements of the Federal and State programs concerned with floodplain management; namely, the National Flood Insurance Program and the President's Executive Order 11988 of May 27, 1977, on floodplain management, the State's Waterway Construction Permit Program, State Wetlands Permit Program, the U.S. Army Corps of Engineers' Section 10 and Section 404 permit programs; and the State's Coastal Zone Management Program.

Montgomery County has the authority under the Flood Control and Watershed Management Act, Section 5-801 et seq., Environmental Article of the Annotated Code of Maryland, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and the environmental quality of the watersheds or portions thereof under its jurisdiction. Montgomery County has the authority under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, to adopt and enforce floodplain management regulations which meet the requirements of Code 44 of Federal Regulations Parts 55-77, et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and federal and State financial assistance. The Director of the Department of Permitting Services may recommend and the County Executive may adopt written regulations for administration of the provisions of Chapter 19, Article III, "Floodplain District Requirements" of the Montgomery County Code, 2004, as amended (the Code), as specified in Section 19-45, "Regulations," of the Code.

A. The Floodplain District includes all areas subject to inundation by the waters of the One Hundred (100) Year Flood. This includes all waterways for drainage areas as small as required to produce the identified inundations limits. Montgomery County has determined the drainage area to be 30 acres or greater. The source of this delineation within the County and all jurisdictions over which it maintains land use authority will be the "Flood Insurance Rate Maps" (FIRM), the "Flood Boundary and Floodway Maps", approved engineered Floodplain Studies by the Department of Permitting Services DPS and the Maryland-National Capital Park and Planning Commission (M-NCPPC) ultimate Development 100 Year Floodplain Map. The Floodplain District and the Official Floodplain Map are established with emphasis on the One Hundred (100) Year Flood Elevation where defined rather than the area graphically delineated on the Official Floodplain Maps.

B. The Floodplain District will be comprised of the following subdistricts:

1. Detailed Floodplain - these areas are shown on M-NCPPC Floodplain Maps, DPS approved engineered Floodplain Studies, and/or FEMA FIRM maps or Flood Boundary and floodway maps, as Floodway and Floodway Fringe whichever gives higher water surface elevations.

2. Approximate Floodplain - those portions of land within the Floodplain District subject to inundation by the one Hundred (100) Year Flood, where a detailed study has not been performed but where a one Hundred (100) Year Floodplain Boundary has been approximated. A One Hundred (100) Year Flood elevation will be established after consideration of any flood elevation and Floodplain data available from Federal, State, M-NCPPC, or other sources. The Approximate Floodplain appears on both the "Flood Insurance Rate Maps" and "Flood Boundary and Floodway Maps" and may appear on all panels as Zone A.

C. The Official Floodplain Maps will be the "Flood Insurance Rate Maps", and "Flood Boundary and Floodway maps" as prepared by the Federal Emergency Management Agency, approved engineered floodplain studies by DPS, or the M-NCPPC maps, whichever gives more stringent water surface elevations. Modification to an official Floodplain Map showing a lower water surface elevation than the "Flood Boundary and Floodway Maps" must be approved by the Federal Emergency Management Agency and the Federal Insurance Administration. Applicant must obtain an approved Letter of Map Amendment (LOMA) or Conditional Letter of Map Revision (LOMR) from the Federal Emergency Management Agency prior to the issuance of a building permit.

D. Any references in these regulations to Flood Insurance Study and Flood Insurance Rate Maps shall mean the most recent effective Flood Insurance Study (FIS) and Digital-Flood Insurance Rate Maps (D-FIRM) for Montgomery County prepared by the Federal Emergency Management Agency.

In order to prevent excessive damage to buildings and structures, the following restrictions will apply to all new construction and substantial improvements to existing structures and filling occurring in the Floodplain District. In the event a proposed building, structure, or substantial improvement is sited in two different subdistricts or in a subdistrict with two different one Hundred (100) Year Flood elevations the most restrictive regulation and/or higher flood elevation will prevail.

A. In the One Hundred Year floodplain the following regulations will apply:

1. All new residential development is prohibited.

2. No development will be permitted unless it complies with Section 8-29 (a) of the Code and except where the effect of such development on flood heights is fully offset by accompanying stream modification and the development is approved by all appropriate State and Federal authorities. These developments must be placed outside of the Floodway Limits.

3. All proposals to offset the effects of development in the Floodplain by construction of stream modifications must be documented by an engineering study prepared by a Registered Professional Engineer registered in the state of Maryland and which fully evaluates the effects of such development and must be submitted with the application for a Building Permit. The report must use the One Hundred (100) Year Flood and Floodplain data as prepared by the Federal Emergency Management Agency or M-NCPPC, whichever is more restrictive and adopted as the basis of the analysis.

4. Existing non-conforming structures and/or development may not be substantially improved unless the effect of the proposed improvement on flood heights is fully offset by accompanying stream modifications and the improvement is approved by Wetlands and Waterway Programs, Maryland Department of the Environment and the Department of Permitting Services.

a. Substantial improvement of a non-conforming structure and/or development regardless of location must be constructed in full compliance with the provisions of this and any other applicable Regulation.

b. The modification, alteration, repair, reconstruction or improvement of any kind of a non-conforming structure and/or development to an extent or amount of less than fifty (50) percent of its fair market value, must be elevated and/or floodproofed to the greatest extent possible.

5. The following must not be placed or caused to be placed in the one Hundred Year floodplain: All structures, materials, fences or enclosures which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or flood waters would carry the debris downstream and cause damage or detriment of either public or private property in or adjacent to the floodplain. Fences with height 42" or lower with stationary openings greater than 24 square inches will be permitted within the Flood Fringe area.

6. Developments when approved, must have the elevation of the lowest floor, as defined in the Code, of all new or substantially improved structures at or above one (1) foot above the elevation of the One Hundred (100) Year Flood. Basements, as defined in the Code, are prohibited in the One Hundred (100) Year Floodplain.

7. Design, Anchoring, and Materials - All construction when approved, including substantial improvements, must be:

a. Designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;

b. Constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of the flood water;

c. Constructed with materials and utility equipment resistant to flood damage; and

d. Constructed by methods and practices that minimize flood damage.

8. Landscape Design

a. Adequate ground cover must be provided for soil stabilization within the Floodplain District.

b. Design of land contours and choice of plant materials must direct surface runoff away from structures and must not increase surface runoff onto neighboring properties.

9. Electrical Systems

a. All electric water heaters, electric furnaces, generators, heat pumps, air conditioners, and other permanent electrical installations must be located one (1) foot or higher above the elevation of the one Hundred (100) Year Flood.

b. No electrical distribution panels are permitted at an elevation less than three (3) feet above the elevation of the One Hundred (100) Year Flood.

10. Mechanical Equipment - water heaters, furnaces and other permanent mechanical installations, excluding submersible pumps, must be located one (1) foot or higher above the level of the One Hundred (100) Year Flood.

11. Storage - Materials that in time of flooding could be injurious to human, animal or plant life must be stored one (1) foot or higher above the level of the one Hundred (100) Year Flood.

12. Fill - As a general practice, filling within the Floodplain District is discouraged; however, where allowed, fill material must meet the following additional requirements:

a. Fill must consist of soil or rock materials only. Landfills, dumps, and sanitary soil fills are not permitted;

b. Fill material must be compacted in accordance with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring or settling;

c. Fill slopes must be no steeper than one (1) vertical to three (3) horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the DPS; and

d. Fill must be used only to the extent to which it does not adversely affect adjacent properties.

13. Manufactured Homes and Buildings are not permitted in the Floodplain District.

14. Accessory/Appurtenant Structures - These structures, including but not limited to detached garages and storage structures, may be permitted within the Floodplain District provided that:

a. The structure is designed and constructed to withstand hydrostatic flood forces and must be constructed with water equalizing vents.

b. The applicant/owner of the structure signs a nonconversion agreement stating that the structure will never be converted to habitable space, and has it recorded in the land records of Montgomery County.

c. The structure must be constructed and placed on the site so as to offer the minimum resistance to the flow of floodwaters.

d. Any mechanical, electrical, heating and other utility equipment must be elevated to or above the level of the One Hundred (100) Year Flood or floodproofed.

e. The structure must meet the provisions of Article I, 19.45.01.04.A.15 of this Regulation.

f. The structure must not be constructed and placed on the site in such a manner that will cause an increase in the upstream and downstream elevation.

15. Enclosures Below Lowest floor - Fully enclosed areas below the lowest floor, including but not limited to crawl spaces, solid footings, and continuous foundations, must be designed and constructed to withstand hydrostatic flood forces and meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided.

b. The bottom of all openings must be no higher than one foot above grade.

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they cause minimal restriction to the entry and exit of floodwaters.

16. Stream Valley Protection Setback Requirement

A minimum 100 foot stream valley setback shall be maintained from the edge of the banks of any watercourse delineated as having a floodplain on the official floodplain maps except where the floodplain limit is less than 100 feet from the banks, then the minimum stream valley protection setback must be the floodplain limits. To prevent erosion, natural vegetation must be maintained in this area. Where natural vegetation does not exist along the watercourse, and conditions for replanting are suitable, high priority must be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources.

B. In the Approximate Floodplain the following regulations apply:

1. The DPS must obtain, review and reasonably utilize any one Hundred (100) Year Flood elevation and Floodway data available from a Federal, State or other source such as the U.S. Army Corps of Engineers and Soil Conservation Service, the Maryland Department of the Environment, M-NCPPC, or any other regional planning organization in the enforcement of Regulations within the Approximate Floodplain;

2. When the One Hundred (100) Year Flood Elevation is not known, the DPS, in consultation with the Maryland Department of the Environment, will evaluate each site and establish an approximate one Hundred (100) Year Flood Elevation by determining the elevation of a point on the Approximate Floodplain boundary by a method acceptable to FEMA; and

3. The Development Regulations of 19.45.01.04, Subsection A of this Regulation will be applied within the Approximate Floodplain.

4. In cases in which development is proposed in the vicinity of unmapped streams, which have no delineated 100-year floodplains as defined in 19.45.01.03.A of this Regulation, the 100 foot stream valley protection setback from the banks of the stream described in 19.45.01.04.A.16 may be used. In addition, State permits may be required and applicants are advised to seek a determination from the State Department of Natural Resources as to whether they are required.

C. In the Floodplain District, the design, placement and construction of all utilities require a Floodplain District Permit unless exempted by Chapter 19-36, subsections 4 and 5 of the Montgomery County Code, and must meet the following requirements;

1. New or replacement private water well supply systems and/or sanitary sewage systems must be designed and floodproofed to eliminate or minimize infiltration of flood waters into the systems and discharge from the systems into flood waters, and to avoid impairment during flooding and to minimize flood damage.

a. Cesspools, seepage pits, and absorption fields and septic tanks are prohibited within 25 feet of the Floodplain District.

b. All pipes connected to sewage systems must be sealed to prevent leakage.

2. All underground gas, electrical and other facility and utility systems must be located, constructed, and floodproofed to eliminate or minimize flood damage.

3. All new storm drainage facilities within and leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to eliminate or minimize property damage resulting from the flood waters of the One Hundred (100) Year Flood and to minimize adverse environmental impacts due to their installation and use.

D. Encroachment in wetland areas. Encroachment by development into wetlands is not allowed without State and Federal permits. It is State and Federal policy that disturbance of wetlands must be avoided. The applicant must demonstrate to the appropriate State or Federal Authorities that no alternatives exist and the encroachment is the minimum necessary. Mitigation may be required by the appropriate regulatory authorities.

A Floodplain District Permit is required for all development including, but not limited to, construction of and/or substantial improvements to buildings and structures, fill, temporary development, new or replacement infrastructure, or any combination thereof in the Floodplain D istrict and may be granted only after necessary permits from the Maryland Department of the Environment and all other applicable State and federal agencies have been obtained.

A. The Application for a Floodplain District Permit must be submitted to DPS and must contain information including, but not limited to, the following:

1. Name and address of applicant. The applicant/permittee must be the owner or an authorized agent of the owner;

2. Name and address of owner of land on which development is proposed;

3. Name and address of contractor;

4. Site location;

5. Copies of the permit or a written statement from the issuing authority indicating that a permit is not required from the U. S. Army Corps of Engineers, and/or Wetlands and Waterway Programs, Maryland Department of the Environment where applicable.

6. An engineered plan of the site showing the size and location of the proposed development as well as any existing buildings or structures;

7. Plans drawn to scale, showing the location, dimensions and contour with elevations in mean sea level/NGVD of the site in relation to the stream channel, shoreline, Floodplain District and Floodplain District subdistricts;

8. For substantial improvement to an existing structure, an appraisal performed by a professional real estate appraiser of the fair market value of existing structure (less land value) to which the substantial improvement is associated;

9. Summary description of proposed work and estimated cost; and

10. Depending on the type of development and/or structure involved and for structures to be elevated above the one Hundred (100) Year Flood Elevation, the following information must also be included in the Application:

a. The size of the proposed structure(s) and its position on the lot where it is to be constructed;

b. The elevations of the proposed final grading and lowest floor, and the existing ground and one Hundred (100) Year Flood Elevation established by the Official Floodplain Map and as certified by a Professional Engineer or Surveyor registered in the State of Maryland;

c. The method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. These plans must be prepared by a Professional Engineer registered in the State of Maryland.

11. Before a permit may be issued, an applicant shall submit written analysis which demonstrates that: .

a. no reasonable alternatives exist outside the floodplain;

b. encroachment in the floodplain is the minimum necessary;

c. the development will withstand the 100-year flood without significant damage; and

d. the development will not increase downstream or upstream flooding or erosion.

B. When the proposed development includes the relocation or alteration of a watercourse, evidence must be presented as part of the permit application that the Maryland Department of the Environment has approved of the proposed alteration or relocation. In addition, the developer must provide technical documentation and written certification by a Professional Engineer registered in the State of Maryland that the flood carrying capacity of the altered or relocated watercourse will be maintained and must notify FEMA and all adjacent municipalities of the approved alteration and relocation.

C. After the issuance of a Floodplain District permit by DPS, no changes of any kind may be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the DPS.

D. During the construction period, DPS or other authorized official may inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws and ordinances. The premises are also subject to inspection by the Maryland Department of the Environment. In the event that the Department of Permitting Services determines that the work is not in compliance with the permit or all applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, DPS may revoke the building permit and report such fact to the Maryland Department of the Environment for whatever action it considers necessary.

E. Work on the proposed construction must progress steadily through project completion. Any work which resumes after a stop in work for 180 days or more requires the issuance of a new permit.

F. The completion certificate and the certificate of occupancy (when required for construction and substantial improvements in the Floodplain District) may not be issued until DPS has been provided with a completed Elevation Certificate prepared by a Land Surveyor or . Professional Engineer registered in the State of Maryland certifying the record condition of the subject construction. The datum used on the Elevation Certificate must be Mean Sea Level as established by the National Geodetic vertical Datum of 1929.

G. A record or log of all Floodplain District permit actions will be maintained by DPS and will be available upon request by the Federal Emergency Management Agency or its authorized agent (the Maryland Department of the Environment) during periodic assessments of Montgomery County's participation in the National Flood Insurance Program. This record will include, at a minimum, the date the permit was issued, the as-built lowest floor elevation of all new construction or substantial improvement, the issuance date of the Certificate of Occupancy, copy of the completed Elevation Certificate, and any map amendments issued by the Federal Emergency Management Agency.

A. Any violation of any provision of this regulation is punishable as a class A violation as set forth in Section 1-19 of Chapter 1 of the Montgomery County Code. Each day a violation continues to exist constitutes a separate offense.

B. The Federal Insurance Administrator and the Maryland Department of the Environment will be notified immediately in writing of any structure or property in violation of this Regulation.

C. New or renewal National Flood Insurance will be denied for any structure remaining in violation or situated on property in violation of this Regulation.

A. Montgomery County Liability - The granting of a permit or approval is not a representation, guarantee, or warranty of any kind and creates no liability for Montgomery County, its officials or employees.

B. Abrogation and Greater Restrictions - This Regulation supersedes any regulations currently in effect in the Floodplain District. This regulation will not be deemed to interfere with or abrogate or annul or otherwise affect in any manner whatsoever any ordinances, rules, regulations or easements, covenants or other agreements between parties; provided, that where this regulation imposes a greater restriction within a Floodplain District, the provisions of this regulation will prevail.

C. Interpretation - In their interpretation and application, the provisions of this regulation will be:

1. Considered as minimum requirements:

2. Liberally construed in favor of proper flood hazard management in Montgomery County; and

3. Deemed neither to limit nor repeal any other powers granted under the Annotated Code of Maryland.

D. Partial Invalidity and Severability - If any section, subsection, paragraph, sentence, clause, or phrase of this Regulation should be declared invalid for any reason whatsoever, such decision will not affect the remaining portions of the Regulation which will remain in full force and effect, and for this purpose, the provisions of this Regulation are hereby declared to be severable.

In accordance with the procedures authorized in Chapter 19, Article V, entitled "Water Quality Review - Special Protection Areas," Section 19-67, the following Executive Regulation applies to an application for approval of or significant amendment to, a development plan, diagrammatic plan schematic development plan, project plan, preliminary plan of subdivision, special exception, or site plan, in designated special protection areas.

Active Floodplain means the flat area adjacent to the channel constructed by the stream and overflowed by the stream at a recurrence interval of about two years or less.

Best Management Practices (BMP) means techniques that are most effective in eliminating or reducing the amount of pollution or other detrimental impact to a watershed or wetland.

Best Management Practices Monitoring Plan means a statement prepared by an applicant describing how the applicant will monitor and assess the effectiveness of its best management practices.

Bank Full Discharge means the water discharged when stream water just begins to overflow into the active floodplain.

Base Flow means that portion of the stream discharge that is derived from natural storage (i.e., groundwater outflow and the draining of large lakes and swamps or other sources outside the net rainfall that create surface runoff); discharge sustained in a stream channel, not a result of direct runoff, and without the effects of regulation diversion, or other works of man. Also called sustaining, normal, ordinary, or groundwater flow.

Baseline Stream Monitoring means biological, habitat, and physical/chemical monitoring conducted by the Department to assess and quantify stream conditions in special protection areas prior to development of these areas.

Cumulative Impact means the impact on water quality, stream habitat, and aquatic biological communities within a special protection area watershed which may result from the incremental impact of a development project when added to other past present and future developments within that watershed. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Impacts may include beneficial and/or detrimental effects.

Development Impact Monitoring means the monitoring conducted by the Department to measure the effects that development projects occurring within special protection areas have on in-stream water quality, stream habitat and resident aquatic life.

Environmentally Sensitive Areas means areas having beneficial features to the natural environment, including but not limited to: steep slopes; habitat for Federal and/or State rare, threatened, and endangered species; 100-year ultimate floodplains; streams; seeps; springs; wetlands, and their buffers; priority forest stands; and other natural features in need of protection.

Index of Biotic Integrity is a measurement of the aquatic community's structure and function within special protection areas as compared to the aquatic community inhabiting the least impaired reference streams within a specific region.

Performance Goals mean goals that are established for development projects, located within special protection areas, to enhance protection of on-site water resources or other environmental features relating to those water resources. Performance goals for streams are expressed as narrative or numeric targets which represent biological, physical, and chemical measures of stream health to be achieved or maintained. Performance goals for best management practice effectiveness are expressed as narrative or numeric targets for achieving base flow preservation, peak storm flow reduction, and pollutant removal. Performance goals may also include measures that quantify the extent and effectiveness of public education measures to reduce the on-site generation on non-point pollution sources.

Reference Condition means the measurement of the biological community and the physical and/or chemical parameters found in the set of reference streams for Montgomery County.

Reference Stream means a stream, or a portion of a stream selected by the Department to define a reference condition for a water body that represents a minimally impaired stream.

Special Protection Area (SPA) means a geographic area where: 1) existing water resources or other environmental features directly relating to those water resources are of high quality or unusually sensitive; and 2) proposed land uses would threaten the quality of preservation of those resources or features in the absence of special water quality protection measures which are closely coordinated with appropriate land use controls.

Special Protection Area Conservation Plan means a plan developed by the Department for a special protection area, which identifies those natural resource parameters that must be protected to achieve and maintain a high level of water quality protection for SPA watersheds that, at a minimum, meet established State water quality standards as defined in COMAR 26.08.01-.04. SPA conservation plans are derived from baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as deemed appropriate by the Department, from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian conditions.

Standard Scientific Format means the orderly presentation of results of required stream and best management practice monitoring (e.g., goals, objectives, methods, materials, results, references) using the standard format for technical publications as presented in the scientific literature. (e.g., the North American Journal of Fisheries Management, American Fisheries Society.)

Stream Monitoring Plan means a statement prepared by the Department describing the location of monitoring stations and the nature, form, and frequency of monitoring to be conducted to evaluate the impacts of development on water resources in a special protection area. A plan must also describe what will be monitored with regard to: (a) faunal groups, (b) stream and riparian habitat features, (c) biological features, and (d) physical and chemical properties.

Stream Monitoring Program means activities conducted by the Department to carry out a stream monitoring plan for property in a special protection area, including:

The following requirements apply to a person proposing a land disturbing activity within a special protection area:

A. Privately owned property.

1. All persons proposing to disturb land within a SPA, except as provided by law, must submit, for review and approval, a water quality inventory which covers any portion of the project located within the SPA.

2. Except as exempted under 19.67.01.04, all persons proposing to disturb land within a SPA must also submit a preliminary water quality plan and a final water quality plan if they are:

A. Applicability. An applicant, unless otherwise specifically required to do so, need not submit a preliminary or final water quality plan if:

1. a project on agricultural, residential, or mixed use zoned property contains:

A. Applicability. A SPA conservation plan will be developed by the Department for each area designated as a SPA. The plan will be based upon the baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as appropriate, upon the Department's review of other data derived from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian habitat conditions. The SPA conservation plan will be used as guidance to develop site specific performance goals, and best management practices (BMP) performance goals.

B. Stream monitoring priorities. The Director, where possible, will establish priorities for monitoring subwatershed areas before development, based on the anticipated timing of development within a two year period, as indicated by the Planning Director. The Planning Director must notify the Director in writing at the time of initial designation of each SPA, and, on or around November I of each calendar year, indicate when development is anticipated, including its staging, within each SPA within the succeeding two years. Notification is intended to allow for the necessary time required to establish average baseline conditions supported by a minimum of two years of monitoring data prior to start of construction.

C. Stream monitoring program design.

1. The objective of the stream monitoring program is to determine the biological condition and stream channel characteristics of the watershed. Monitoring the development site during and after development activities enables the Department to link changes in the biological condition and stream channel characteristics to the performance of BMPs.

2. Stream monitoring protocols for each special protection area will be designed and developed by the Department to be as comparable as possible with other State, County, and Federal assessments of surface waters in the northern piedmont and coastal plain ecoregions in and around the County.

3. The stream monitoring program will include assessments of freshwater fish, benthic macroinvertebrates, aquatic habitat, stream channel characteristics, riparian habitat conditions, and other appropriate physical/chemical measurements.

4. Analysis of data by the Department will be based on comparisons to the set of minimally impaired streams (reference conditions) within the County or within adjacent areas of the same ecoregion.

D. Baseline monitoring and development Impact monitoring implementation.

1. Baseline monitoring data must be collected by the Department in anticipation of development within a special protection area subwatershed. Site selection for baseline information will be determined so that subwatershed water quality can be assessed.

2. When the precise locations of specific development projects are identified within a subwatershed, the Department will conduct development impact monitoring during and after development. Locations and number of monitoring stations will be contingent upon the size of the development, the location of the development in the subwatershed, and the anticipated location of structural and nonstructural BMPs. Development impact monitoring will commence after the final water quality plan is approved and prior to sediment control permit issuance.

A. Purpose. Performance goals will be established for each development application within a special protection area. Performance goals will be developed to implement the SPA conservation plan. Performance goals will be established to:

1. Protect, maintain, and restore water quality, natural stream environments, and the ecological balance of aquatic communities within the County;

2. Mimic natural watershed processes:

3. Stimulate innovative and integrated applications of site plan, sediment control, and stormwater management measures to limit changes to natural hydrology, reduce the on-site generation of pollutants that impact water quality, and mitigate impacts on adjacent and downstream conditions;

4. Develop better measures of assessing BMP effectiveness:

5. Seek improved best management practice designs with higher effectiveness to protect water quality and minimize maintenance; and

6. Protect downstream receiving waters.

B. Use of performance goals. The Department will establish performance goals for each development project. Performance goals will be based upon consideration of the development site location within the subwatershed, she topography and hydrology, presence of environmentally sensitive areas, and results of available baseline stream monitoring within the watershed. Where possible, numeric performance goals will be based on pre-development baseline monitoring results and parameters established in SPA conservation plans. BMP performance goals will be developed and evaluated using the most currently available and pertinent monitoring information and published research. Achievement of performance goals will be measured and analyzed using protocols or procedures for best management practices monitoring that the Department specifies to the applicant at the pre-application meeting and development impact monitoring conducted by the Department.

C. Nature of performance goals. Performance goals established for each project will vary based upon the above considerations. Following is a listing of types of performance goals that may be considered for each project, their rationale, and specific examples of how these goals may be expressed quantitatively or qualitatively depending upon the conditions that exist for a particular site.

1. Stream/Aquatic life habitat protection.

Rationale: To maintain, preserve, or improve the pre-development aquatic community.

Examples of goals:

A. Purpose. Prior to submission of the water quality inventory and formal plans for review and approval, the applicant must attend a pre-application meeting with the Department and the Planning Department. The pre-application meeting is required to provide the applicant with advance guidance concerning the development of acceptable preliminary water quality inventory or preliminary water quality plan submissions. At the meeting, representatives from the Department and the Planning Department will discuss with the applicant all available information received about the site and ways to achieve the performance goals.

The purpose of the meeting is to:

1. Present the applicant with the proposed performance goals that are to be used for the development of the site layout;

2. Discuss the conceptual approach and possible locations of preferred structural and nonstructural best management practice and their estimated suitability for achieving the performance goals;

3. Review monitoring protocols, and procedures to be followed by the applicant in developing a best management practice monitoring plan,

4. Review development impact monitoring protocols and procedures that will be used by the Department in development impact monitoring; and

5. Use innovative site layouts and linked best management practice options to maximize protection of water quality, stream habitat, and aquatic life.

B. Written request. The applicant must request the Director, in writing, to set up a pre- application meeting. The Director or designee will provide, within 10 working days of the receipt of the applicant's written request, written information regarding the time and location of the pre-application meeting, information required from the applicant for the meeting, and information to be provided by the Department and Planning Department for the meeting.

C. Submittals required. At a minimum, the applicant must supply three copies of these specific elements of the required water quality inventory at least 30 working days prior to the pre-application meeting:

1. Location and rating of infiltratable soils based on the latest edition of the soil survey for Montgomery County, Maryland. On-site soils analysis will be required with the applicant's formal submission of the water quality inventory.

2. Forest stand delineation and natural resources inventory to include:

A. Elements of Water Quality Inventory. The applicant's water quality inventory submission must include the following:

1. Stormwater Management Concept Plan. All stormwater management concepts must be designed in accordance with Chapter 19, Article II, Montgomery County Code, Maryland Law, and all associated regulations.

2. Sediment Control Concept Plans.

A. Elements of a Preliminary Water Quality Plan. Preliminary Water Quality Plans must include:

1. Water quality inventory.

2. Description of the proposed development project. This must be in tabular or note form and include:

A. Application submittal. Applications for water quality inventories and plans must be submitted concurrently to the Department and the M-NCPPC for review.

B. Public notice and request for Informational meeting. The Department shall give written notice of the submission of preliminary water quality plans for review and approval. The Department will conduct a public information meeting to review the submission and receive public input if requested to do so in writing within 15 days after notice is given. The applicant or designee must attend such meetings and be prepared to give information as requested.

C. Approval of Final Water Quality Plan. The Planning Board must not give final approval of a water quality plan until the Department gives its approval.

D. Instruments of security. The Department will require bonds, other financial instruments, or certificates of guarantee to be posted to insure compliance with the provisions of the regulations, including monitoring. The bonds, other financial instruments, or certificates of guarantee may be combined with sediment control and stormwater management bonds as allowed by Chapter 19, Articles I & II of the County Code.

E. Amendments and modifications. All modifications to an approved water quality plan are considered as significant amendments pursuant to Chapter 19, Article V, Section 19-65 (a)(3)(A)* and will be resubmitted for review and approval in accordance with 19.67.01.03 of the executive regulation, except for minor modifications where:

1. Field inspections or design evaluation reveal minor changes are needed; or

2. The changes do not significantly affect site layout; or

3. An emergency situation exists as determined by the Director.

All minor modifications will be handled through the Department or the Planning Department for any element within their respective jurisdiction as provided under Chapter 19, Article V, Section 19-65 (a)(3)(B) and (C).

F. Other elements required with stormwater management and sediment control permit applications. All development, as appropriate, must have a water quality plan with a complete water quality inventory approved by the Department at the time of detailed design plan submittal for stormwater management and sediment control permits. Any project where a wetland permit or a water quality certification is required by the State must have a valid water quality certification approved by the State prior to the issuance of the stormwater/sediment control permit.

G. Qualifications for persons submitting data under this Article. Preliminary and Final Water Quality Plan submissions should be submitted by a multi-disciplinary team of qualified professionals consisting of engineers, hydrologists, aquatic ecologists, and surveyors. Qualified professionals should possess the following minimum combinations of education, skills, and experience:

1. For submission of BMP design plans:

BMP plans submitted to the Department must be certified as meeting the requirements of this regulation and must be sealed by a professional engineer registered in the State of Maryland, or other qualified professional.

2. For submission of best management practice monitoring plans:

B.S. degree in aquatic ecology, biology, natural resources management, hydrology, engineering, or related field as determined by the Department, and five years combined experience in the following three areas:

Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the Director, as applicable, requiring maintenance of all facilities required by the plan and best management practices monitoring.

This Technical Manual provides general guidance for carrying out the monitoring, data analysis, reporting work, and supplemental requirements as required to implement the requirements of this regulation. At the pre-application meeting the Department will provide detailed guidance on the specific monitoring procedures and protocols for the applicant to follow in carrying out the BMP monitoring plan, and any supplemental requirements that will be applied to each development project. The Department will develop these requirements based on review of the applicant's submittal of information required in advance of the pre-application meeting as specified in Section 19.67.01.07.C.

A. Required Monitoring/Water Quality Data Submission/Reporting Protocols.

1. Stream Monitoring Program.

This regulation takes effect immediately after adoption by the Montgomery County Council.

All roadway-construction projects, or any construction activity within the boundaries of a dedicated public right-of-way; or any complete or partial private road closure in urban areas; including roads, sidewalks/bikeways, curbs, gutters, and drainage systems; require a permit and will be charged a fee by the Department of Permitting Services.

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the filing fee as specified.

2. All remaining fees must be paid before permit issuance.

3. The estimated project cost is determined by the Director of the Department of Permitting Services based on average costs submitted on recent County capital-improvement project bids for comparable work or a current professionally prepared cost estimate for the average costs of such work. Information regarding estimation of construction costs can be found at this link:

http://permittingservices.montgomerycountymd.gov/DPS/bond/BondsEstimate.aspx

4. Where a maintenance of traffic or traffic control plan is required, a permit must be obtained for activity in the right-of-way; or for complete or partial closure of any private road in urban areas, and the permit fee must be paid before permit issuance.

5. The minor plat fee must be paid prior to Department approval.

6. The fee for a revision to an Engineered Public Right-of-Way Permit for changes of ownership is the minimum permit fee.

7. The fee for a change of legal description or other administrative revision to a Right of Way Permit after permit issuance is 50% of the minimum permit fee.

8. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02.

9. A private road is considered to be completely closed if any section of the road has no lanes available for vehicular use. A private road is considered partially closed if at least one lane is available for vehicular use or when any portion of an abutting sidewalk is closed to pedestrian use. Additional standards apply to partial road closures of 15 days or more.

B. Work in Public Right-of-Way Permits

• Driveway Permits

1. Fee is 14.65% of the estimated project cost.

2. Non-refundable filing fee of $150 is required.

• Utility Permits

1. Under Roadway Work $0.775/LF, Minimum $775

2. Above Roadway Work (minimal or no trenching) $0.425/LF, Minimum $425

3. Aerial Work $0.425/LF, Minimum $425

4. House Connections $425/Connection

• Special Use and Roadway Occupancy Permits $215

(Includes dumpsters, cranes, storage container, temporary pedestrian access, partial closure of a private road for 14 days or less, and tree planting)

• Stump and Hazardous Tree Removal $0

(Includes removal of a roadside tree which has been determined by a licensed tree expert and approved by the Department to immediately endanger a person or property)

C. Engineered Public Right-of-Way Permits

• Roadway Grading Permit

• Paving Permit

• Storm Drain Permit

1. Fee is 14.65% of the estimated project cost, or $1,910, whichever is greater.

2. A nonrefundable filing fee of 50% of the estimated project cost or $1,910, whichever is greater is required.

3. Must include best available information on project costs when the initial application is submitted.

D. Traffic Management Plans and Private Road Closures $2,600

This fee applies to: 1. Maintenance of traffic plans in Central Business Districts; 2. Rights of way 80 feet or greater; 3. Work in any other area that is two weeks or greater in duration; 4. Any site specific non-standard workzone temporary traffic control plans. 5. A complete closure of a private road of any duration or partial closure of a private road of 15 days or more.

E. Minor Record Plats

1. For review and approval of Subdivision Record Plats created per requirements of Chapter 50 Section 35A for Minor Subdivisions.

2. Nonrefundable Filing Fee $500

F. Permit Revisions

1. Engineered Right-of-Way Permits

a. 14.65% of the estimated project revision cost, or $1,910, whichever is greater.

b. An engineered cost estimate, fully detailing estimated project cost, must accompany the revision application.

2. All Other Right of Way or Private Road Closure Permit Revisions $150

G. Public Right-of-Way Permit Extensions

1. Road and Right of Way construction permits are valid for a period of 18 months.

2. The fee to extend an Engineered Right of Way Permit is 15% of the total permit fee in effect when the extension request is submitted.

3. The fee to extend all other Right of Way Permits $150

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified.

2. All remaining fees must be paid within one year after permit issuance or before final inspection, whichever occurs first.

3. All Stormwater Management Concept fees, Floodplain Study fees and Floodplain-District Permit fees must be paid when the application is submitted or before the Department initiates reviews.

4. The fee for a revision to a Sediment Control Permit or a Floodplain District Permit for changes of ownership is the minimum permit fee.

5. The fee for a change-of-legal description or other administrative revision to a Sediment Control Permit or a Floodplain District Permit after permit issuance is 50% of the minimum permit fee for the permit type being revised.

6. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02.

B. Stormwater Management Concept or SPA Water Quality Inventory

1. Fee at Submittal $2,765

2. Fee to Revise $1,385

C. Site Development SWM Plan Review $1,385

D. Stormwater Concept/Site Development Stormwater Plan Combo $2,765

E. SPA Water Quality Plan Review (Preliminary)

1. Fee at Submittal $815/Acre

2. Minimum Fee $2,765

3. Maximum Fee $16,300

F. SPA Water Quality Plan Review (Final) $1,385

G. SPA Water Quality Plan Review (Preliminary & Final)

1. Fee at Submittal $815/Acre

2. Minimum Fee $2,765

3. Maximum Fee $16,300

H. Other Revisions to Stormwater Concept Plans $1,385

I. Other Revisions to Water Quality Plans $1,385

J. Stream Monitoring $860/Acre

1. Fee must be paid before issuance of the Sediment Control Permit.

2. The fee will be calculated based on the total acreage of the site as shown on the approved record plat.

3. All fractions of acreage will be rounded to the nearest whole number.

4. If the acreage fraction is .5, the next higher whole number will be used.

5. The Department of Permitting Services collects this fee for the Department of Environmental Protection.

K. Sediment Control Permits

1. Engineered Permits

a. Fee is $.086 per square feet of disturbed area, or $1,910, whichever is greater.

b. A nonrefundable filing fee of 50% of the total permit fee, or $1,910, whichever is greater, is required when the application is submitted.

c. Fee to Revise is $.086 per square feet of additional disturbed area plus the Minimum fee of $1,910.

2. Engineered Permits for Single Family Lots

a. Fee at Submittal $1,910

b. Applies to work on one single family lot.

c. Does not apply to plans that include work on multiple lots or which include road construction.

d. Must be for single family use.

e. A Stormwater Concept Submission is not required.

3. Small Land Disturbance Activity Permits

a. Fee at Submittal $815

b. May be used for projects that do not require stormwater management.

c. May be used for single family residential lots when the disturbed area is less than 20,000 square feet or for the maintenance of existing stormwater management facilities unless otherwise approved by the Department.

4. Forest Harvest Activity Permits $815

5. Stormwater Management As-Built Plans

a. Fee at Submittal $1,910

b. Any extension fees will be due when the As-Built Plans are submitted.

6. Permit Extensions

a. The fee to extend an Engineered Sediment Control permit is 15% of the total permit fee in effect when the extension request is submitted. If an as-built plan has been submitted and approved, the fee is $210.

b. Initial Sediment Control permits are valid for 24 months.

c. The fee to extend all other Sediment Control permits $150

L. Floodplain District Permits

1. Fee at Submittal $900

2. One Year Extension Fee $135

M. Floodplain Studies

1. Fee at Submittal $1,140

2. A Floodplain Study may include a dam breach analysis.

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified.

2. All remaining fees must be paid before any subsequent submission for review or before permit issuance, whichever occurs first.

3. Permits are valid for a period of one year.

4. Permit fees are not transferable.

5. The fee for minor plan revisions is the Minor Plan Review Fee.

6. The fee for investigation, review and issuance of a permit to repair an existing sewage-disposal system is the Minor Plan Review Fee.

7. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02, unless otherwise noted.

B. Conventional Percolation Tests Per Lot, Per Visit $780

C. Percolation Tests Per Lot, Per Visit, for Mound Systems $1,050

D. Water Table Level Checks, Per Visit $440

E. Individual Sewage Disposal Permit $1,200

F. Plans Review for Subdivision and Platted Lots and Revisions $510/Lot

G. Minor Plan Review and Environmental Health Survey $375

H. Partial Environmental Health Survey $235

I. Review Repair of Existing Sewage Disposal Systems $375

J. Septage Hauler Permit Inspection (Including Truck Inspection) $375

K. Septage Hauler Permit Inspection (Reciprocal Truck Inspection) $235

L. Permit Extensions

1. Fee at Submittal $170

2. Permits are valid for 12 months.

3. Upon written request a permit may be extended for an additional six months.

M. Well Permits $160

1. Not subject to Automation Enhancement Fee.

Filing fees and permit fees are based on fees in effect on the date the application was filed. All other fees are based on fees in effect when the service is requested (revision fee, extension fee, etc.).

A. Administrative Permit Application Revisions $70

B. Refunds

1. Filing fees are nonrefundable except in the case of an administrative error.

2. In the case of an abandonment or discontinuance of a project under permit, a refund of up to 50 percent of the fee paid (excluding filing fee) may be granted provided:

a. No construction has occurred, and

b. A written request for refund is made before the expiration date of the permit.

c. Revoked, suspended, or invalid licenses or permits, or permits or licenses in litigation are not eligible for refunds.

C. Bonding Alterations

Bonds must be posted for permitted projects under the applicable Code. Fees for alterations to a posted bond are as follows:

1. Fee to replace a Performance Bond, Irrevocable Letter of Credit, Cash Bond or Certificate of Guarantee $140

2. If the purpose of the replacement is to reduce the amount of the instrument due to partial completion of work, the fee for the partial reduction is $280

D. Expedited Plan Reviews

1. Fee is 25% of total permit fee.

2. Per COMCOR 08.24B.01.

The Director of Permitting Services must calculate an enterprise fund stabilization factor (EFSF) each year to be applied to each fee set in or under this regulation on July 1 of each year. The EFSF is the factor by which the fee calculation is adjusted, up or down, to cover DPS labor and operating costs and to manage the DPS reserve policy in accordance with the 2002 Principles of the Fiscal Management of the Permitting Services Fund. The Director must publish the EFSF for each upcoming fiscal year not later than March 15 of the current fiscal year. For any year in which the EFSF will be less than .80 or greater than 1.20, the Department must review its fee rates and functional analysis behind the fee rates to determine if changes need to be made to the fee rates.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

A. Fee Calculation: Best management practices (BMP) monitoring fees in the amount of $0.06 per square foot of disturbed area per the Sediment Control Permit application(s) must be paid by the permittee before the Department of Permitting Services (DPS) Director releases the Sediment Control Permit(s) for a permitted project in a Special Protection Area (SPA). Each project with an approved water quality plan is subject to the fee. The Director of the Department of Environmental Protection (DEP) must determine the frequency, quantity, and type of monitoring needed for each permitted project. The fee to be charged for each project must be determined as follows:

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect when received by the County Council.

This regulation implements the portion of the County’s Roadside Trees Protection Law in Section 19-71 of the County Code as adopted by Bill No. 41-12.

For the purpose of this regulation the following words and phrases will have a meaning respectively ascribed to them in this regulation unless the context indicates otherwise:

Critical Root Zone: the area beneath a tree represented by a concentric circle centering on the tree trunk with a radius equal in feet to 1.5 times the number of inches of trunk diameter measured four feet six inches above ground level on the uphill side of the tree.

Licensed Tree Expert: a person licensed under Natural Resources Article 5-415 et seq., Annotated Code of Maryland.

Roadside Tree Care Permit: a permit issued by the Maryland Department of Natural Resources in accordance with the laws of the State of Maryland.

Except as other provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for right of way permits under Chapter 49 of the Code.

The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County:

A. American National Standards for Tree Care Operations, ANSI A300, American Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013.

B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013.

A. If a sediment control permit is required by the County Code a natural resources inventory is required. In addition to any other requirements, the natural resources inventory must show the location, species, and size of all roadside trees along the frontage of the property subject to the sediment control permit application and fifty feet on either side of the property. The diameter of each tree shall be measured at a height of 4 ½ feet above the existing ground elevation.

B. The natural resources inventory must also show the proposed limits of disturbance including that which is required for the installation of utilities, construction storage and staging areas, installation of sediment controls, as well as areas where vehicles will drive or park.

C. If the area under the critical root zone of any roadside tree is impacted, the applicant must apply for a right of way permit or amend an existing application for a right of way permit to include the disturbance or removal. The right of way permit application must include a tree protection plan. The Department will approve all measures necessary to protect roadside trees unless the right of way permit designates the removal of those trees.

D. The applicant must also apply for a Roadside Tree Care Permit from the Maryland Department of Natural Resources.

E. The sediment control permit will not be issued until the Roadside Tree Care Permit, if one is required by the Maryland Department of Natural Resources, is issued.

F. During construction there must be no additional land disturbance outside of the area designated by the permit without the approval of the Department. This includes the location of storage and staging areas as well as access drives for vehicles as well as temporary parking areas.