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: (1) Ponds with structural problems that prevent them from functioning as designed (e.g., dry ponds that are full of water, wet ponds that are leaking); (2) Dams classified as high or significant hazards with structural problems involving the dam or pond controls that could cause an increased potential for failure; (3) Underground structures (metal pipes especially) with structural problems that could cause a parking lot to collapse and cause injuries or significant property damage; (4) Structures with other safety problems; (5) Larger ponds (i.e., drainage area larger than 50 acres) with structural problems; and (6) Smaller facilities with structural defects in the pipes, controls, concrete structures or embankment. b. In addition to the priorities described in this Section, the Director may take into account the size of the drainage area served by a storm water facility and may also approve loans for applicants to upgrade other types of facilities and structures, including the following: (1) Facilities with a great pollution potential if not repaired and maintained. (This category includes old oil grit separators, because of the limited storage provided and the nature of collected road and parking lot pollutants.) (2) Nonfunctioning structures that offer real opportunity for environmental improvements through repair or replacement (i.e., wetland habitat potential). (3) Wet ponds that create temperature discharge problems for temperature sensitive downstream waters. (4) Structures, as determined by the Department, where abandonment, or removal is environmentally and economically prudent. 2.6 Financial Requirements a. Funds to be disbursed under this program are available to property owners who demonstrate, to the satisfaction of the Director, that they are able to repay the loan. The Director must not approve a loan application unless the Director finds that an applicant's credit record, if applicable, includes the following information: (1) The income generated or potentially generated by the applicant; (2) The current expenses or anticipated expenses of the applicant; (3) The amount of any outstanding loans and the monthly payments required to repay the loans; (4) Other financial resources that the applicant indicates are available to repay the loan; (5) The ability of the applicant to generate additional fees or contributions to repay the loan; (6) The credit history of the applicant, if applicable; and (7) The collateral that the applicant is willing to offer as security. b. The applicant must furnish the following financial information when submitting the loan application to DEP for review: (1) Financial statements, which at a minimum include a Statement of Position (i.e., balance sheet) and a Statement of Operations (i.e., income statement) for the most recent fiscal year, preferably accompanied by an independent public accountant's report; (2) An itemized budget reflecting revenues and expenditures for the current fiscal year, and next fiscal year, if available; (3) Descriptions and cost estimates of the repairs and maintenance work needed to restore the facility; (4) A description and estimated value of collateral that the applicant is willing to offer as security. (5) Copies of federal and state tax returns for the 3 previous years, if applicable; (6) Proof of other financial resources available to repay the loan; and (7) Any other financial information that the Director may from time to time deem necessary to adequately assess the creditworthiness of loan applicants. c. Common ownership communities. Subsection b(l) is not applicable if the borrower is a common ownership community such as a condominium or homeowners association. For a common ownership community association to be eligible for a loan under the Program, the association's governing documents must not prohibit the association from assiging special assessments or monthly assessment income as collateral for the loan. 2.7 Loan Terms and Conditions a. The maximum repayment term for any loan under the Storm Water Management Loan Program is 10 years. b. Loans made available through the Program carry an interest rate equal to the County's current rate of earnings on invested funds on the day that the loan is approved, plus an additional one percent to cover administrative costs. The interest rate must remain constant for the full term of the loan. c. Borrowers must make all payments according to the time and frequency schedule stipulated in the loan agreement. d. The Director must not forgive a loan. However, the Director may defer payments when a borrower demonstrates, to the satisfaction of the Director, a sufficient temporary hardship to significantly impede the borrower's ability to make timely payments. The Director may approve a deferral request for a period not to exceed 6 months. The Chief Administrative Officer must approve any subsequent deferral of the same loan. e. During any period of deferment, the borrower has the option to: (1) continue paying the accrued interest while only the principal of the loan is deferred; or (2) defer both the principal and the interest so that the deferred interest continues to accrue during the deferment period. 2.8 Appeals An applicant whose loan request is denied for any reason other than insufficient funds in the Program to approve the request may make a formal request for reconsideration of the decision to deny the loan by filing an appeal in writing with the Director within 30 days after the applicant receives written notification that the loan was not approved. The Director must review the request for reconsideration and render a final written decision on behalf of the County within 30 days after receiving the appeal. 2.9 Loan Nonpayment or Default The Director must forward any loan that the Director deems to be in default under the terms of the loan agreement to the Office of the County Attorney within one month after the date of the default to initiate collection efforts.

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: (1) Single Family Residential Tier 1 (SFR1): The Charge for each Single Family Residential Tier 1 property is 33 percent of the applicable base rate for one ERU. (2) Single Family Residential Tier 2 (SFR2): The Charge for each Single Family Residential Tier 2 property is 50 percent of the applicable base rate for one ERU. (3) Single Family Residential Tier 3 (SFR3): The Charge for each Single Family Residential Tier 3 property is 100 percent of the applicable base rate for one ERU. (4) Single Family Residential Tier 4 (SFR4): The Charge for each Single Family Residential Tier 4 property is 150 percent of the applicable base rate for one ERU. (5) Single Family Residential Tier 5 (SFR5): The Charge for each Single Family Residential Tier 5 property is 200 percent of the applicable base rate for one ERU. (6) Single Family Residential Tier 6 (SFR6): The Charge for each Single Family Residential Tier 6 property is 250 percent of the applicable base rate for one ERU. (7) Single Family Residential Tier 7 (SFR7): The Charge for each Single Family Residential Tier 7 property is 300 percent of the applicable base rate for one ERU. B. Multifamily residential properties: The Charge for each multifamily residential property is based on the number of ERUs assigned to the property in accordance with the following procedure: (1) The Director determines the number of ERUs for a multifamily residential property by dividing the property's actual impervious area by the designated ERU for Montgomery County. (2) The Director computes the billable Charge by multiplying the base rate by the total number of ERUs assigned to the property. (3) If the multifamily residential property is a condominium development, the Director calculates the Charge to be billed in equal shares to the owners of the development by dividing the total ERUs calculated for the property by the number of individual condominium units and then multiplying the sum by the base rate to determine the amount billable to each unit owner. C. Nonresidential properties: Except for eligible nonprofit property subject to nonprofit tier classifications under subsection D, the Charge for each nonresidential property is based on the number of ERUs assigned to the property in accordance with the following procedure: (1) The Director determines the number of ERUs for a nonresidential property by dividing the property's actual impervious area by the designated ERU for Montgomery County. (2) The Director computes the billable Charge by multiplying the base rate by the total number of ERUs assigned to the property. (3) If the nonresidential property is a condominium development, the Director calculates the Charge to be billed in equal shares to the owners of the development by dividing the total ERUs calculated for the property by the number of individual condominium units and the multiplying the sum by the base rate to determine the amount billable to each unit owner. D. Nonprofit properties: The Charge for eligible nonprofit property must not exceed the percent of the base rate for one ERU in accordance with the assigned tier classification as follows: (1) Nonprofit Tier 1 (NP1): The Charge for each nonprofit property is based on its total impervious area up to 150 percent of the applicable base rate for one ERU. (2) Nonprofit Tier 2 (NP2): The Charge for each nonprofit property is based on its total impervious area up to 900 percent of the applicable base rate for one ERU. (3) Nonprofit Tier 3 (NP3): The Charge for each nonprofit property is based on its total impervious area up to 2,300 percent of the applicable base rate for one ERU. E. Agricultural properties: The Charge for each agricultural property is based on a percent of the base rate for one ERU in accordance with the applicable Single Family Residential Tier. 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. (1) The Director must award a credit, not to exceed 60 percent, based on the proportion of the total volume of water treatment provided by the stormwater management system relative to the environmental site design storage volume required under State law as specified in the Water Quality Protection Charge Credit Procedures Manual published by the Director and incorporated by reference as if fully set forth. The volume of treatment required will be based on the environmental site design specified in the 2000 Maryland Stormwater Design Manual, as amended. (2) A nonresidential property or a multifamily residential property must be credited for treatment of off-site drainage from other properties located within the same drainage area as that property, not to exceed 100 percent of the Charge billed to the property owner, if the stormwater management system located on the nonresidential property or multifamily residential property treats the required on-site environmental site design storage volume while at the same time providing additional storage volume for off-site drainage. The total credit will be determined by applying the percent credit of off-site property to the impervious area of that off-site property and then adding that computation to the credit for the on-site impervious area, not to exceed 100 percent of the total Charge billed to the property owner as specified in the Water Quality Protection Charge Credit Procedures Manual. (3) The owner of a property that does not contain a stormwater management system must be credited if that property is located within the same drainage area as another property that contains a stormwater management system for which the County does not perform structural maintenance or the stormwater management system was built as part of the County-approved stormwater management participation project and both properties have the same owner. However, a property owner must not receive a credit based on a calculation that exceeds the total impervious area on the property for which the credit is issued. (4) The Director must award a credit, not to exceed 80 percent, if the total volume of water treatment is provided by a stormwater management system that implements environmental site design to the maximum extent practicable. C. Application Schedule. (1) To receive the credit, the property owner must apply to the Director of Environmental Protection in a form prescribed by the Director not later than September 30 of the year that payment of the Charge is due. (2) Once approved, the credit is valid for three years. To renew the credit, the property owner must reapply to the Director in a form prescribed by the Director not later than September 30 of the year that payment of the Charge is due. D. Credit Revocation. (1) The Director of Environmental Protection may revoke a credit granted under this Section if the property owner does not continue to take the measures needed to assure that the stormwater management system remains in proper working condition by correcting any deficiencies discovered by the Director during a maintenance inspection. (2) The Director must not reinstate a revoked credit until the property owner has sufficiently corrected the deficiencies to fully satisfy the property owner's maintenance obligations under Section 19-28 of the Code. E. Appeals. (1) If the Director denies or revokes the credit, the property owner may seek review of the Director’s decision by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of the Director’s written decision. (2) 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. 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. (2) The request submitted by a nonprofit organization must be accompanied by the organization’s most recent federal tax return or other verification of total revenues derived from the property for which the exemption is sought, as required by the Director of Finance. To qualify for a partial exemption: (i) the amount of the Charge must exceed 0.2% of the organization’s total revenues from the property for which the exemption is sought for the year before payment of the Charge is due; and (ii) the property for which the exemption is sought must be exempt from real property ad valorem taxation under State law. The amount of the partial exemption is the amount of the Charge that exceeds 0.2 percent of the nonprofit’s total revenues derived from the property. C. The Director of Finance must issue a written decision to grant or deny the exemption within 30 days after receiving the request. D. Any exemption granted under this Section is only valid for the year that payment of the Charge is due. E. If the Director of Finance denies the exemption, the property owner may appeal the Director’s decision to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the Director’s written decision. 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: (1) an inventory and evaluation of water resources to measure baseline conditions; and (2) an assessment of any impairment of the biological, chemical, and physical integrity of the stream over time related to development impacts in any special protection area. Technical Manual means the provisions found in 19.67.01.12 of this regulation. Water Quality means the chemical, physical, and biological factors required to maintain a designated State Use Class, and maintain conformance with the anti-degradation requirements of State Water Quality Standards as defined in COMAR 26.08.01-.04. 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: (i) required by law to obtain approval of a development plan, diagrammatic plan, schematic development plan, project plan, special exception, preliminary plan of subdivision, or site plan; or (ii) seeking approval of an amendment to an approved development plan, diagrammatic plan, schematic development plan, project plan, special exception, preliminary plan of subdivision, or site plan; or (iii) specifically required to submit a water quality plan in a land use plan, watershed plan, comprehensive water supply and sewer system plan amendment, or by resolution of the County Council. B. Publicly owned property. Before engaging in any land disturbing activity on publicly owned property in an area designated as a SPA, the applying agency or department proposing the land disturbing activity should prepare a water quality inventory which covers that portion of the project located within the SPA and/or a combined preliminary and final water quality plan. C. Exception. This regulation does not apply to projects on properties that have valid, approved record plats for the entirety of the project and for which no amendments are required an or before October 31, 1994, to accommodate development of the sites. 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: (i) a proposed impervious area of less than 8% of the total area covered by the development approval application: or (ii) a cumulative area of 10 acres or less, and 2 proposed impervious area of less than 15% of the total land area covered by the development approval application. 2. a project on property zoned for industrial or commercial use consists of a cumulative land area of two acres or less covered by the development approval application. B. Cumulative Impacts. In reviewing an application submitted in accordance with this regulation, the Department or Planning Board, as applicable, must assess the cumulative impact of all previously approved development if an application for new or additional development approval is submitted for property that was either: 1. previously approved for development, and exempt under 19.67.01.04 of this Regulation; or 2. part of a larger tract of land located in a special protection area that was: (i) approved for development under this regulation; and (ii) under common or related ownership when it was approved for development. C. Piecemeal applications. An applicant must not avoid the application of this regulation by submitting piecemeal applications for property under common or related ownership. 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: (i) Protect, and maintain habitat features identified in the water quality plan. (ii) Restore or create habitat which promotes natural recovery toward stream habitat reference conditions. (iii) Promote recovery of the aquatic community as measured by pre- and post-development comparisons to the reference condition. 2. Maintain stream base flow. Rationale: Maintenance of stream bass flow, particularly during low flow periods, is essential to supporting the critical habitat needs of the aquatic biological community. Base flow reductions decrease the wetted width and depth of stream riffle, run, and pool aquatic habitats. Maximum base flow preservation is important to maintain viable populations of existing or target species. Reductions in base flow may also result in increased stream temperatures, and lower dissolved oxygen levels to the detriment of aquatic life. Examples of goals: (i) Limit the reduction of base flow in streams with: a. Drainage areas of 1000 acres or less, or b. In first and second order streams with minimum base flows of 2 cubic feet/second (cfs) or less, as identified through baseline stream monitoring during the low flow period of the year (July to October). (ii) Maintain post-development mean daily baseflow, as measured during the critical low flow period of the year, so as not to reduce available on-site aquatic habitat below pre-development conditions. 3. Protect seeps, springs, and wetlands. Rationale: Seeps/springs and wetlands are principal outlets for groundwater flow into a stream. These are the sources of cold water recharge necessary to maintain water temperature within the tolerance limits of the biological community. Examples of goals: (i) Protect natural recharge areas of perennial seeps and springs that provide cold water to streams. Construct recharge areas, as necessary and feasible, to mimic the function of natural recharge areas that cannot be protected. (ii) Protect vernal pools that provide amphibian habitat by inclusion within stream buffer lines. 4. Maintain natural on-site stream channels. Rationale: Channels originating from perennial or intermittent springs/seeps and wetlands deliver the cold groundwater to the receiving stream. Maintaining the integrity of the channel will help maintain the quality of the flow. Examples of goals: (i) Perennial streams: a. Use bio-engineering techniques in conjunction with effective upland site planning and stormwater controls to help stabilize and protect desirable stream habitat features most vulnerable to anticipated development impacts. b. As discrete project phases in sub-watersheds are completed and stabilized, implement immediate measures to restore damaged stream habitat caused by the project. Use bioengineering or other appropriate habitat restoration techniques. (ii) Intermittent streams: a. Protect those intermittent channels formed primarily by intermittent springs and seeps at a higher level than intermittent channels formed primarily by overland surface flow. These channels may convey cold water originating from ground water recharge. b. Use intermittent channels from surface flows and associated stream buffers as part of a system for quality treatment of stormwater. c. Stabilize the channel banks with bio-engineered solutions, perhaps in combination with traditional methods where appropriate. 5. Minimize storm flow runoff increases. Rationale: The frequency of runoff events that create erosion in stream channels in a given subwatershed needs to be managed. In general, bankfull discharges cause the most damage to the quality of the stream channel habitat. Cumulative increases in subwatershed runoff affect downstream channels as well as on-site channels. Therefore, analysis to determine the storm events that cause bankfull discharge will be conducted within and/or downstream of the development project site. Examples of goals: (i) Design storm flow controls to manage on-site and downstream bankfull discharges at or below pre-construction frequencies. (ii) Reduce the frequency and duration of bankfull events, and associated sediment loadings resulting from bank erosion. (iii) Maintain current bankfull storm frequency and duration if bank stability and channel conditions are determined to be in an optimal to sub-optimal range. (iv) Reduce bankfull frequency and duration, or stabilize banks through bio- engineered and structural best management practice solutions if habitat is determined to be in marginal to poor condition. 6. Identify and protect stream banks prone to erosion and slumping. Rationale: Even with on-site stormwater management, prolonged storm flow releases from development can cause stream bank erosion and habitat impairment, especially in the most erosion prone stream reaches. Examples of goals: (i) Identify the most erosion prone stream bank areas, and stabilize them with a combination of structural and bio-engineered solutions to anticipate the altered flow regime resulting from development. (ii) Determine the new volume, rate, and bank height of storm water runoff resulting from the site's BMPs. Stabilize the stream bank areas most prone to erosion and provide in-stream habitat features to maintain stream channel conditions required for the new flows. 7. Minimize increases to ambient water temperature. Rationale: Peak stream temperatures and their duration are additional primary determinants of the biological community structure that can be maintained in a stream. The peaks and duration of temperature extremes during low flow periods of the year should not increase beyond the limits of those documented during baseline monitoring, or the upper temperature limits specified in State Water Use Standards (COMAR 26.08.01 to 04). Base flow bypasses from stormwater controls, and preventive forest preservation, natural succession, and afforestation measures undertaken in stream buffers are methods to reduce the elevation of ambient water temperature. Examples of goals: (i) As the stream flows through the site, maintain the existing temperature conditions at an optimal level. (ii) If monitored water temperature increases as the stream flows through the site or if the project is expected to increase stream temperatures, reduce heating effects to maintain ambient water temperature to State Water Use Standards temperature criteria (COMAR 26.08.02.03-3). 8. Minimize sediment loading. Rationale: Excessive loadings of fine sediment can destroy the stream riffle habitats of benthic macroinvertebrates and fresh water fish. Maintaining the quality of the riffle habitat is critical because most members of the macroinvertebrate community reside in riffle habitat. Loss of this community also eliminates the primary food source for insectivorous fish, causing a reduction in the quality of this biological community as well. Excessive sediment loads can smother and destroy the eggs of species that use riffle habitat for spawning. Excess sedimentation fills in pools, reducing habitat for fish. Abrasive sediment loadings also contribute to stream bank instability by accelerating stream bed and bank erosion. This further compounds siltation damages downstream. Examples of goals: (i) During construction phases, stream embeddedness levels should remain within preconstruction levels. (ii) Post development embeddedness levels should return to pre-development levels within one year after completion and stabilization of each defined phase of the development project (iii) The recovery of the riffle benthic community and riffle fish community should be to pre-development levels as described by measurements of community structure and function. 9. Minimize nutrient loadings. Rationale: Excessive nutrient loadings can cause algae blooms and after the community composition of the stream fish and macroinvertebrates. Excessive nutrient loadings can be especially damaging when introduced to downstream water supply reservoirs and to other slow moving impounded or tidal waters. The State has established tributary protection strategies to reduce the impact of nitrogen and phosphorus loadings on the Chesapeake Bay of upstream tributaries. Examples of goals: (i) Measure or provide estimates, acceptable to the Department, of pollution reduction achieved through implementation of educational pollution source control programs targeted to resident citizens and the business community. (ii) Design BMPs to achieve specified ranges of nutrient reduction. Implement best management practice monitoring plan to measure nutrient reductions observed from best management practices designed to provide water quality control. 10. Control insecticides, pesticides, and toxic substances. Rationale: Toxic concentrations of chemicals are extremely dangerous to all forms of life. If not controlled, acute or chronic toxic impairment can destroy or lessen the aquatic community downstream of the development. Examples of goals: (i) Maintain levels of toxic compounds below concentration thresholds established in United States Environmental Protection Agency criteria and State water quality standards. (ii) Include language in Homeowners Association documents or other appropriate educational materials to implement site specific Integrated Pest Management pollution source control programs that minimize the use of herbicides, pesticides, and insecticides. (iii) Reduce the use of potentially toxic substances by the resident community, (e.g., oil and antifreeze dumping, proper use of pesticides). (iv) Measure or provide estimates, acceptable to the Department, of reductions in toxic pollution achieved through implementation of educational pollution source control programs targeted to resident citizens and the business community. (v) For high density commercial, industrial, and mixed use developments with large impervious areas, special consideration must be given to the control of hydrocarbons, heavy metals, and other pollutants normally associated with intense land use. In addition to the performance goals set forth above, the Department may establish other performance goals based on the need to protect unique water quality features or federal/state designated rare, threatened, or endangered species. D. Performance criteria. Performance goals will be applied and monitored to assess relationships between land use, the effectiveness of various BMPs, individually and in combination, and measured impacts of development on water quality, stream habitat, and aquatic life. The Director will present an annual report to the County Executive and County Council on development impacts in SPAs and on the performance of mitigation measures provided by improved site plans and BMP designs. 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: (i) Stream buffer delineation in accordance with the Planning Board's Environmental Guidelines. (ii) Erodible soils and areas of steep slopes. (iii) Location of all field delineated intermittent and perennial springs, seeps, and wetlands. 3. A drainage area map showing the upstream drainage area, hydrologically important fractures, and the location of existing developed areas and BMPs in the subwatershed (as identified in the Department's inventory of stormwater management facilities). D. Department responsibility. At a minimum, the Department will supply three copies of the following information at least six working days prior to the pre-application meeting; 1. Available results and analysis of baseline stream monitoring in the subwatershed. 2. Proposed performance goals for the site and for selected BMPs. The ranges of the numeric performance goals should be designed to protect the water quality on the site and downstream, and to encompass the variability associated with the effectiveness of the specific BMP. 3. Proposed monitoring protocols and procedures to be followed by the applicant in developing a BMP monitoring plan. 4. A summary of development impact monitoring that the Department will perform to evaluate impacts of the applicant's development project. 5. A map and table giving the location, and contact address of on-going monitoring programs in the SPA subwatershed. Monitoring partnerships, where possible, that allow efficient use of resources are encouraged. E. Written summary by applicant. The applicant will provide a written summary of the pre- application meeting including documentation of the established performance goals, best management practice monitoring protocols and procedures to be followed, and a list of items the applicant must include as part of the water quality plan submission. The applicant's written summary must contain any corrections requested by the Department during the pre-application meeting. Upon the Director's written approval, the summary will constitute the official public record of the meeting's results. 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. (i) All sediment control concept plans must be designed in accordance with Chapter 19, Article I, Montgomery County Code, Maryland Law, and associated regulations. (ii) Sediment control plans must include phased land disturbance and provisions for prompt stabilization. (iii) Land disturbing activities must be kept to a minimum through staging and phasing of all construction activities. 3. Documentation of Impervious areas. A plan describing the proposed development which minimizes impervious areas and, if applicable, meets imperviousness limits for the project as are required in a land use plan, watershed plan, comprehensive water and sewerage system plan, or specified in a County Council resolution designating a SPA. 4. Additional documentation. Documentation showing avoidance, minimization, or proposed mitigation for impacts on environmentally sensitive areas, and on priority forest conservation areas as specified in the Planning Board's Environmental Guidelines. Documentation must also include: (i) Rationale in narrative form that any proposed encroachment is both necessary and unavoidable in that location; and (ii) Description as to how flexibility in Chapter 59 of the County Code ("Zoning Ordinance") and other County regulations has been utilized (e.g. percent housing mix, minimum lot size, reduced width street right-of-way, "environmental" primary cross section) to avoid and minimize impacts. 5. Other. Any other information required in the Technical Manual. 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: (i) All information as required on the Department's current stormwater management concept plan application form: (ii) Zoning, with appropriate standards; (iii) Type and number of dwelling units allowed and proposed; (iv) Overall impervious area and impervious area outside of sensitive areas, with density and related impervious area assumptions specified ("typical" or average lot may be used); and (v) Amount (acreage) and percentage of environmental sensitive areas disturbed, preserved, and in total. 3. Documentation of applications to State and Federal agencies for wetlands permits. When applicable, this documentation shall be in the form of written acknowledgement by the receiving agency, that all applications have been accepted for review. Documentation of proposed wetland mitigation measures should also be submitted. 4. Description of other mitigation techniques. Environmental protection techniques and plans, including those not otherwise required by law, regulation, or guideline, which are included in the preliminary water quality plan must be described in writing. This description should indicate how the following sediment and erosion control, stormwater management, and other water quality protective measures, are incorporated within the water quality plan or, if not included, provide justification acceptable to the Department: (i) Linked BMP systems. BMP applications will be linked in series to progressively minimize sediment and stormwater impacts wherever possible. (ii) Stabilization Requirements. Vegetative stabilization of perimeter controls and areas specified must occur within three days of installation of temporary sediment and erosion control structures. (iii) Phased Grading. Phased grading to minimize land disturbance during the development and construction process. (iv) Roads. a. The requirement for open section roads shall not be waived except as provided in Chapter 49 of the County Code. b. If open section roads cannot be implemented where they would normally apply, options for reducing road width or other means to reduce impacts of impervious surfaces on the stream hydrology, water quality, and aquatic life must be considered. (v) Stream Buffers. All County stream buffers will be shown on 211 water quality plan maps showing sediment and erosion control plans or stormwater management control plans. Stormwater and sediment control structures are not to be placed within the stream valley buffer except as approved by the Department and the Planning Board. (vi) Ground Water Recharge. Opportunities to provide recharge of clean stormwater into the ground water supply will be maximized. Stormwater requiring treatment will be conveyed to a water quality treatment best management practice. 5. Documentation of anticipated performance. Each proposed BMP or group of BMPs must be documented to show how it will achieve the performance goals selected for the site. 6. BMP monitoring plan. Monitoring plans must meet the requirements specified in the pre- application meeting and identify: (i) Performance goals established for the she and for any specific best management practices. (ii) A description and characterization of the BMPs chosen for the monitoring plan. The characterization of and description of the BMP will meet the minimum required in the pre-application meeting. (iii) A description and characterization of the monitoring protocol, as established by the Department, that will include: a. Methods b. Frequency of data recording. c. Length and season of monitoring. d. Data analysis (including statistical and graphical analysis). e. Report milestones. (iv) The protocols to use for specific BMP monitoring are those supplied during the pre-application meeting. The monitoring protocols are designed to provide biologically meaningful information about the BMP performance and changes in stream water quality. (v) The final BMP's monitoring program and monitoring timeline approved by the Department will be submitted along with the applicant's final water quality plan. Upon approval, the monitoring program will be implemented according to the approved timeline. B. Elements of Final Water Quality Plans. The plan must include: 1. Final stormwater management concept plan approved by the Department. 2. Final sediment control concept plan approved by the Department. 3. Final BMP monitoring plan approved by the Department. The final BMP monitoring plan must contain: (i) Final narrative and numeric performance goals to use to monitor the effectiveness of the BMPs. (ii) Documentation and basis for the numeric goals. (iii) Final selection of BMPs chosen for the monitoring plan, including best management practice design characterization. (iv) Final BMP monitoring protocol. (v) Final methods for data collection, handling, analysis, and reports including monitoring frequencies, monitoring duration and season. (vi) Schedule for implementing BMP monitoring and reporting requirements. 4. Water quality certifications and wetlands disturbance permits as required by state and federal agencies, or if not yet issued, progress reports acknowledged by state and federal agencies. 5. Other. Terms, conditions, and requirements as established in the approved preliminary water quality plan or in case of a preliminary water quality plan in conjunction with a development approval before the District Council; the terms, conditions, and requirements as required to be revised by the Planning Board or the Department to conform to the District Council action on the development plan, schematic plan, or diagrammatic plan. 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: (i) the design and/or monitoring of best management practices (ii) stream/watershed management and restoration, and (iii) hydrological studies to support land use initiatives. The experience requirements can be met by one person of a professional team, or met by the combined experience of the team. The educational requirements are to be met by each member. 3. Education can be substituted for experience. A Master's degree in a relevant field is equivalent to one year of experience, and a Ph.D. degree in a relevant field or P.E. is equivalent to two years of experience. 4. The composition of the design team shall be submitted for the Department's approval prior to commencement of all work. 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. (i) A stream monitoring plan will be prepared by the Department to guide the implementation of the stream monitoring program. (ii) The stream monitoring program must be included in the preliminary water quality plan. (iii) The objective of the stream monitoring program is to determine the biological condition and stream channel characteristics of the subwatershed prior to development activities. Monitoring the development site, during and after development activities, will enable the Department to link changes in the biological condition and stream channel characteristics to the performance of BMPs. Development impact monitoring may require different sample location procedures. (iv) Selection of stream monitoring locations will be determined by the Department when the Planning Director indicates future development is anticipated in a SPA subwatershed. Selection of sites will be determined by the size and complexity of the subwatershed, the ability to locate and prioritize anticipated development in the subwatershed, and available resources. 2. Baseline monitoring by the Department conducted under the stream monitoring program. (i) Minimum monitoring requirements include the Department's assessment of the following: a. Benthic macroinvertebrates b. Freshwater fish c. In-stream habitat (ii) Baseline information will be collected for freshwater fish, benthic macroinvertebrates, and habitat conditions. Biological indices of community structure, function, and health will be used to determine the current biological condition as compared to reference conditions. (iii) Procedures for monitoring freshwater fish, benthic macroinvertebrates, and in stream habitat will follow the Department's most current version of the Montgomery County water quality program's stream monitoring protocols. 3. Development impact monitoring by the Department conducted under the stream monitoring program. (i) Development impact monitoring data will be used to assess the impact and recovery of biological communities as compared to baseline information and reference conditions. This will enable the Department to assess the magnitude of any changes within the watershed. Comparing baseline information to reference conditions will enable the Department to determine the magnitude of any impairment present in the watershed before, during, and after construction activities. (ii) The Department will assess the need for additional monitoring stations for development impact monitoring. Additional monitoring locations will be selected to evaluate the performance of BMPs, assess the impact of the development on the stream, and to document the recovery of the biological community. The monitoring locations will be determined by the size and location of the development and the location of BMPs. (iii) Normally three to nine monitoring locations will be selected for each development. Monitoring locations will be selected upstream and downstream of the development site. Additional locations will be monitored to assess the impact of the development on the stream and the recovery of the biological community. (iv) Monitoring locations will be selected based on the size of the development, location in the watershed, and drainage area. Table 1 will be used as guidance to designate the number of required monitoring stations: Table 1. Number of monitoring locations per different development acreages. 4. BMP monitoring by the applicant. (i) A BMP monitoring plan will be submitted by the applicant to meet the requirements presented during the pre-application meeting and will be included in the preliminary and final water quality plans as approved by the Department. (ii) The objective of the BMP monitoring program is to document the performance of selected BMPs in meeting the performance goals selected for the site, as established during the pre-application meeting. (iii) For those BMPs to be monitored, the standard monitoring requirements for inflows and outflows of structural best management practices shall include, at a minimum: a. Flow rate and volume b. Temperature c. pH d. Conductivity e. Turbidity Unusual conditions, including, but not limited to project size, layout, and on-site conditions, may require that other physical, chemical, and biological monitoring requirements be added. Monitoring will be required for nonstructural BMPs on a case-by-case basis, and will depend on the nature of the practice and its expected mitigation effects. (iv) Detailed methods for monitoring the achievement of the performance goals for the selected BMP's will be supplied to the applicant by the Department during the pre-application meeting. (v) General monitoring guidelines for BMPs that would apply to different development types and densities are shown in Tables 2 and 3. Table 4 describes the typical densities of each zoning category. (vi) The final selection of the BMP monitoring sites will be done concurrently with the Department's approval of the final water quality plan. (vii) The applicant will submit quarterly reports summarizing and analyzing the BMP monitoring data to the Department. (viii) The applicant's raw data submissions to the Department must be on a 3.5" IBM compatible diskette in ASCII format with documentation on the structure of the database and data format as approved by the Department. (ix) The report must follow standard scientific format as defined by the Department. (x) Report will contain trend analysis, including graphical interpretation and descriptive statistics of the BMP parameters. 5. Annual report by the Department. (i) An annual report summarizing and analyzing available results of stream and BMP monitoring data conducted within SPAs will be submitted to the County Executive and County Council with a copy to the Planning Board. The report will also be made available to the general public upon request. The report will be submitted to the County Council no later than February of the year following the completion of the annual field monitoring season. (ii) The report will follow standard scientific format. It will contain trend analysis including descriptive statistics and graphical interpretation of biological indices and habitat assessments. The biological condition of each station will be compared to the appropriate reference condition. B. Supplemental requirements for stormwater management and erosion and sediment control concept plans for SPAs. 1. Purpose. The purpose of these requirements is to reduce the environmental impacts which typically occur during and after site construction. These impacts include: (i) The loss of sediment from the site during construction which adversely affects fish spawning areas and buried aquatic insect habitat. (ii) Erosion within the stream buffers, both on and off-site. (iii) Inhibition of fish passage by installing typical culvert crossings. (iv) Temperature changes in the receiving streams caused by warm water runoff from impervious surfaces from site development. Increasing the stream temperature can harm cool water fish species. (v) Runoff of nutrients, toxins, and/or other water pollutants caused by excessive fertilizer applications, improper use, handling, storage, or disposal of petroleum by products, pesticides, and other potential water contaminants. (vi) Degradation to receiving streams from increased runoff and pollutants created by land development. 2. Required water resource protection measures. To mitigate these impacts, the following water quantity, quality, thermal impact reduction, and sediment control methods are required and must be incorporated into the concept package for review and approval. 3. Water quantity design requirements. (i) Unless otherwise approved by the Department, all proposed stormwater management facilities must be located entirely out of the stream buffer and outfall locations must be combined to reduce the amount of disturbance to the stream buffer. (ii) Provide measures, such as flow splitting, to increase the flow length and reduce temperature impacts to the stream during small storms. Tree plantings may be required if the existing tree stand does not provide sufficient shade. (iii) All on-site areas must have stormwater management controls. Provide either a private storm drain or permanent berm along the backs of lots to convey all runoff from developed areas to proposed stormwater management facilities. If this is physically impossible due to topography, then the applicant must demonstrate to the Department's satisfaction how stormwater quantity will be compensated by other proposed facilities. (iv) Stormwater management concept plans need to identify any off-site areas that are used in design computations for proposed outfall study points. 4. Water quality design requirements. (i) Infiltration trenches should be used whenever possible for water quality control. However, within SPAs, added measures such as a surface sand filter uphill of the trench for added treatment will be required. To provide enhanced nutrient removal, the surface of the sand filter may be required to have a porous soil layer which can support wetness tolerant plantings. (ii) Unless otherwise approved by the Department, water quality structures must be located outside of stream buffers. (iii) For ease of maintenance and improved pretreatment of grit and trash, the infiltration trenches should be designed to be shallow and receive surface runoff only. The sand filter underdrain must outlet onto the surface of the trench. In thermally sensitive streams, a modified infiltration trench design may be required to prevent the trench from failing and staying full of water. An underdrain pipe must be added in the bottom of the trench, similar to the sand filter, but the end of the pipe must be capped. If the infiltration trench fails over time and no longer drains into the soil, then the cap can be removed and the trench will function as a sand filter. (iv) Designs must provide a safe, non-erosive overflow for any proposed water quality structures. A berm with a vegetated weir lined with turf reinforcement mat is recommended. (v) A geotechnical report must be provided, including in-place percolation tests for any proposed water quality structures. Fractures providing recharge to the site should be identified. Groundwater recharge structures will be designed and located so as to maintain infiltration of rainfall. 5. Thermal impact reduction. (i) Shade all rip rap outfalls, infiltration trenches, and sand filter surfaces. (ii) Provide a low flow channel in any proposed pond bottom lined with turf reinforcement mat. The bottom of the proposed pond should also be reforested with wetness tolerant tree and shrub species. (iii) Unless otherwise approved by the Department and the Department of Transportation, open section roadways must be used. (iv) Reforest the disturbance from any proposed pond barrel and pond outfall below the pond, if tree removal is excessive. Keep the tree and shrub plantings away from the embankment. (v) Provide a mini-riser on any dry pond riser to prevent clogging of the trash rack and unwanted ponding of water. (vi) Prevent warming of the groundwater by avoiding excavation into the groundwater tables for any proposed pond and water quality structures. If this cannot be avoided in dry ponds, then add drain tile to convey the groundwater seeps directly to the riser, and a drain at the end of the barrel to pass the water under the rip rap outfall to keep it cool. 6. Sediment control requirements. (i) Use sediment traps with at least 3600 cubic feet of storage per acre of drainage area. Dewater all traps and the pond (while it functions for sediment control) to draw down the water before it warms up. Dewatering devices must be designed to remove fine particulate matter such as clay from runoff. Redundant structures can be used together to improve sediment removal efficiency. (ii) If the pond is used for sediment control and its design storage is not sufficient for double the sediment storage, then a trap must be added uphill to make up the difference. The size of the pond must not be expanded. (iii) Reduce the amount of disturbance by providing a phased grading and stabilization scheme. Where feasible, phased grading will be required and the entire site will not be allowed to be disturbed at the same time. (iv) Unless otherwise directed by the Department, sediment controls must be located out of the stream buffers to preserve the existing trees and limit site disturbance. (v) The use of "super" sift fences, will be required for all areas where sift fences are to be applied (e.g. for pond construction or culvert construction). (vi) A meeting with the Department prior to detailed design plan submittal to discuss the erosion and sediment control strategy is recommended. Table 2 Recommended monitoring protocols for selected physical parameters. This table presents the full range of physical parameters that could be monitored. All parameters will not be required to be monitored for most developments. 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: (1) If the land area for an individual development site lies entirely within a designated SPA, the fee calculation must be based on the aggregated sum of disturbed area for that site. (2) If the land area for an individual development site does not lie entirely within a designated SPA, the fee calculation must only take into account the disturbed area within the SPA and be based on the drainage area delineation to SPA tributaries, as determined by the DPS Director. B. Transfer of BMP Monitoring Responsibility: A permittee must pay a BMP monitoring fee if the permittee’s approved water quality plan is amended after the effective date of this regulation for the purpose of transferring responsibility for BMP monitoring from the permittee to DEP. The fee charged for each transferred project must be based on the area of disturbance as described in subsection A and computed as follows: (1) If the permittee transfers to DEP the responsibility for BMP monitoring before initiating any during-construction monitoring, the permittee must pay a monitoring fee in the amount of $0.06 per square foot of disturbed area per the Sediment Control Permit application(s). (2) If the permittee transfers to DEP the responsibility for during or post-construction monitoring after having initiated during- construction monitoring, the monitoring fee to be paid by permittee must be the lesser of: (a) $0.04 per square foot of disturbed area per the Sediment Control Permit application(s); or (b) The percent of required post-construction BMP monitoring that has not yet been completed and approved by DEP, multiplied by the previously determined post-construction BMP monitoring bond estimate, and calculated according to the following formula: [(A - B) / A] x C = Total BMP Monitoring Fee Due A = Number of months post-construction BMP monitoring required B = Number of months post-construction BMP monitoring completed, as calculated and approved by DEP C = Previously determined post-construction BMP monitoring bond estimate. Example calculation: A | # Months Required | 60 B | # Months Completed | 48 C | Bond Estimate | $100,00 0 | [(A - B) / A] x C = | $20,000 C. Collection: The Department of Permitting Services is responsible for collecting all BMP monitoring fees. The DPS Director must deposit the BMP monitoring fees collected under this regulation into the stormwater management fund created under Section 19-35 of the County Code. D. Indexing of Fees to Labor and Operating Cost Changes: The DPS Director must adjust the fee set under this regulation on July 1 of each year as provided in § 19.67.02.05. 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.