Division 2. Grading, Drainage and Erosion and Sediment Control
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Division 2. Grading, Drainage and Erosion and Sediment Control
Prince George's County, Md., Code § 32-124 (2026)
Sec. 32-124. PurposeLinkCopy Citation
The purpose of this Division is to prevent property damage, protect living resources and prevent environmental degradation to safeguard the public's health, safety, welfare and economic well-being by establishing minimum requirements for grading, reforestation, woodland conservation, drainage, erosion control and pollution discharge and control on land and to watercourses within Prince George's County, Maryland, and to establish procedures by which these requirements are to be administered and enforced. It is the further purpose of this Division to implement the provisions of the Code of Maryland Regulations (COMAR) 26.17.01, the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control (Standards and Specifications) and the Stormwater Act of 2007 (Act). Implementing this Ordinance will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property.
The provisions of this Ordinance pursuant to Title 4, Subtitle 1 of the Environment Article of the Annotated Code of Maryland are adopted under the authority of the County Code and shall apply to all land grading occurring within the County. The application of this Ordinance and the provisions expressed herein shall be the minimum erosion and sediment control requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute.
Prince George's County, Md., Code § 32-125 (2026)
Sec. 32-125. DefinitionsLinkCopy Citation
(a)
Wherever the following words are used in, or in conjunction with, the administration of this Division, they shall have the following meaning:
(1)
Act. Maryland Stormwater Act of 2007.
(2)
Administration. Maryland Department of the Environment (MDE) Water Management Administration (WMA).
(3)
Adverse impact. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which are or may potentially be harmful or injurious to human health, welfare, safety or property, biological productivity, diversity, or stability or that unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(4)
Afforestation. The establishment of a biological community of perpetual woodlands either through the planting of trees in an area from which trees have always or very long been absent, or planting of open areas which are not presently in forest cover.
(5)
Agricultural Land Management Practices. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. Logging and/or timber harvesting operations shall not be considered a part of this definition.
(6)
Applicant. Any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to carry out construction of a project.
(7)
Approval authority. The entity responsible for the review and approval of erosion and sediment control plans is the Prince George's Soil Conservation District.
(8)
ASTM. The American Society for Testing Materials.
(9)
Bedrock. The solid undisturbed rock in place either at the ground surface or beneath surficial soil deposits.
(10)
Best management practice (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
(11)
Borrow Pit. The source of earth or bank-run sand and gravel from below the ground surface by open pit excavation as a single incident on a site for use at a single construction site elsewhere, otherwise, the excavation will be classed as open-pit mining.
(12)
Building Pad. The immediate site for a building including the area actually covered, plus the adjacent peripheral fringe area having a reasonable slope away from the building.
(13)
Certification or to Certify. A signed written statement that specific plans and specifications, construction, inspections, or tests have been prepared and performed, and that such comply with the requirements of this Division.
(14)
Chesapeake Bay Critical Area. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands' maps; and all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 9; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tide designated under the Annotated Code of Maryland, Natural Resources Article Title 9, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments.
(15)
Class 1 Fill. Load-bearing fills proposed for support of buildings, walls and other structures, the function thereof which would be especially impaired by settlement.
(16)
Class 2 Fill. Load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections, and structures which would not be especially impaired by moderate settlement.
(17)
Class 3 Fill. Common fills proposed for lawns, landscape plantings, or for other nonload-bearing usage.
(18)
Clear. To remove vegetation and the vegetative ground cover while leaving the root mat intact.
(19)
Compaction. Densification of soil or rock fills by mechanical or other acceptable procedures.
(20)
Concept plan. The first of three plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02 and shall include the information necessary to allow an initial evaluation of a proposed project.
(21)
Conservation Agreement. A formal agreement which commits a grading or building permit applicant to the execution of various approved elements of a Conservation Plan, including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board.
(22)
Conservation Plan. A plan developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Critical Area Commission criteria. The Conservation Plan consists of an approved stormwater management concept plan, an approved sediment and erosion control plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Department or the Prince George's Soil Conservation District.
(23)
Control Measures. Structural or nonstructural devices or practices, or a combination thereof, which reduce pollutant discharges through control, treatment, prevention, management or monitoring measures and processes.
(24)
County. Prince George's County Government.
(25)
Cultivation. Plowing, dicing, harrowing and tilling of existing farm fields for the production of crops and livestock.
(26)
Department. Department of Permitting, Inspections, and Enforcement.
(27)
Director. The Director of Permitting, Inspections, and Enforcement or the Director's designee.
(28)
Discharge. Any dumping, pumping, placement, storage, use, draining, handling, washing, tracking, spilling, leaking, transportation, conveyance or disposal practice or any other mechanism which may result in or may allow pollutants to enter onto land or within the watercourses of the County.
(29)
Drainage. Stormwater runoff, snow melt runoff, surface runoff or ground water flows.
(30)
Drainage area. That area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.
(31)
Drainage System. Any natural system or man-made device, mechanism or measure used in any manner for the collection, conveyance, management, treatment, disposition or disposal of drainage.
(32)
Dust Free Surface. A ground composed of rolled and compacted cinders, gravels or other approved nonabsorbent materials to prevent rising of dust on roads, access ways, driveways and parking lots.
(33)
Embankment of Fill. A deposit of soil, rock or other materials placed by man.
(34)
Engineering Geology. The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.
(35)
Environmental Site Design (ESD). Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.
(36)
Erosion. The process by which the ground surface is worn away by the action of wind, water, ice, or gravity.
(37)
Erosion and sediment control. A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
(38)
Erosion and Sediment Control Plan. An erosion and sediment control strategy or plan, designed to minimize erosion and prevent off-site sedimentation.
(39)
Excavation or Cut. An act, by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.
(40)
Exemption. Those land development activities that are not subject to the erosion and sediment control requirements contained in this Ordinance.
(41)
Existing Grade. The vertical location of the existing ground surface prior to excavating or filling.
(42)
Final Erosion and Sediment Control Plan. The last of three (3) erosion and sediment control plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. Final erosion and sediment control plans shall be prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and this Ordinance and designed in accordance with the Standards and Specifications.
(43)
Finished or Proposed Grade. The final grade or elevation of the ground, drainage or other structures conforming to the proposed design.
(44)
Forest Stand Delineation (FSD). A detailed accounting of woody vegetation prepared in plan and document form, as required by Subtitle 25.
(45)
Grading. Any stripping, removal of topsoil, excavating, filling, stockpiling, grubbing, removing root mat or any combination thereof, including the condition resulting therefrom.
(46)
Grading Permit. A permit issued to authorize work to be performed under this Division. The permit for grading and/or site development intended as an incident to building construction may be included as part of the building permit.
(47)
Grading unit. The maximum contiguous area allowed to be graded at a given time. For the purposes of this Ordinance, a grading unit is 20 acres or less.
(48)
Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a soil erodibility factor K, greater than 0.35 and with slopes greater than 5 percent.
(49)
Inspection Agency. Means the Administration or, if delegated enforcement authority, Prince George's County.
(50)
Landscape Architect. A person duly registered or authorized to practice landscape architecture in the State of Maryland and qualified to prepare grading plans and specifications.
(51)
Load-Bearing Fill. Fill placed in a controlled manner to support structure foundations, vehicular traffic, or any earthwork which the instability thereof would constitute a public hazard or nuisance.
(52)
Maximum Extent Practicable (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural BMP implemented.
(53)
Mitigation. The offsetting of forest values lost due to the destruction of woodlands without a permit or contrary to an approved Tree Conservation Plan by replanting woodlands or agreed upon means.
(54)
Natural Ground Surface. The ground surface in its original state before any grading, excavation or filling.
(55)
Net Tract Area. For the purposes of woodland conservation, the gross tract area minus the approved one hundred (100) year floodplain and areas previously dedicated for public use.
(56)
One Hundred (100) Year Floodplain. That area which would be inundated by a flood that has a one percent (1%) chance of being equaled or exceeded in any given year.
(57)
Open-Pit Mining. The continuing or reoccurring removal of material from below the ground surface by open excavation on a site for immediate or ultimate use at the same or other site in processing and manufacturing of building and construction materials or any other products, or at various locations elsewhere in its natural state.
(58)
Owner/Developer. A person undertaking, or for whose benefit activities covered by this Ordinance are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.
(59)
Permittee. Any person to whom a permit is issued pursuant to this Division.
(60)
Person. Includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
(61)
Pollutant. Sediment runoff due to erosion.
(62)
Ponding. Water that remains on the ground surface in a single area larger than sixteen (16) square feet for more than forty-eight (48) hours after a rain event where cold weather conditions (such as, but not limited to, frozen ground or combined ice, snow or rain event) are not a contributing factor in water remaining on the ground surface.
(63)
Prince George's Soil Conservation District. One (1) of twenty-four (24) soil conservation districts created pursuant to Subtitle 3 of the Agricultural Article of the Annotated Code of Maryland.
(64)
Professional Engineer. A person duly registered or otherwise authorized by the State of Maryland to practice in the field of engineering.
(65)
Reforestation. The re-establishment of a biological community of perpetual woodlands through the planting of trees on areas from which trees were recently removed.
(66)
Refuse. See "solid wastes (refuse)."
(67)
Responsible personnel. Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.
(68)
Sediment. Soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.
(69)
Significant Drainage. Surface drainage rates that exceed three (3) cubic feet per second based on the ten (10) year storm event as calculated by the Rational Method.
(70)
Site. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land that are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.
(71)
Site Development. The resulting condition of land improvements through the constructing, installing, placing or planting of: open and closed storm drainage facilities, stormwater management facilities, supporting foundations for utility lines and service (house) connections, parking lots, driveways, curbs, pavements, steps, sidewalks, bike paths, recreational facilities, patios, ground planters, ground covers, plantings, landscaping and logging and timber harvesting operations.
(72)
Site Development Plan. The second of three (3) plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. A site development plan shall include the information necessary to allow a detailed evaluation of a proposed project.
(73)
Slope. The inclined exposed surface of a fill, excavation or natural terrain.
(74)
Soil. All earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
(75)
Soil Engineer. A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.
(76)
Solid Wastes (Refuse). The same as defined in Subtitle 21 of this Code.
(77)
Stabilization. The protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, and/or structural means.
(78)
Standards and Specifications. The "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control" and any subsequent revisions.
(79)
Stormwater. Water that originates from a precipitation event.
(80)
Stormwater Management System. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.
(81)
Stripping. Any activity which removes or significantly disturbs the vegetation surface cover including clearing, grubbing of stumps and root mat and top soil removal.
(82)
Structural Rock Fills. Fills including limited amounts of rubble, broken asphalt, brick or concrete.
(83)
Surveyor. A registered land surveyor licensed to practice land surveying in the State of Maryland and qualified to prepare grading plans and specifications.
(84)
Timber Harvesting (Logging). The severing of any size tree above ground level leaving the root system and all stumps intact, except for the purpose of providing a temporary access for some other use, or for the removal of a dead, dying or hazardous tree. A Tree Conservation Plan may be required for the timber harvesting activities to be conducted in conformance with Subtitle 25.
(85)
Topsoil. Soil to be used as topsoil, and the placement of topsoil over a prepared subsoil prior to the establishment of permanent vegetation, shall meet the specifications of, and be in accordance with, Maryland Department of the Environment, Standards and Specifications for Soil Erosion and Sediment Control, B-4-2 Standards and Specifications for soil preparation, and soil amendments.
(86)
Tree Conservation Plan (TCP). A site map that delineates woodland conservation areas and the associated text that details requirements, penalties, and mitigation as described in Subtitle 25.
(87)
Variance. The modification of the minimum erosion and sediment control requirements for exceptional circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Ordinance.
(88)
Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, swale or wash in which waters flow either continuously or intermittently.
(89)
Watershed. The total drainage area contributing runoff to a single point.
Prince George's County, Md., Code § 32-126 (2026)
Sec. 32-126. Permits RequiredLinkCopy Citation
(a)
Grading Permit. Except as exempted in Section 32-127, no person shall do, nor shall the property owner permit any site development or grading of land for any purpose without the owner/permittee of the said land first having obtained a grading permit from the Director. Before a grading permit for any site is issued by the County, the Prince George's Soil Conservation District must review and approve an erosion and sediment control plan for the site.
(b)
Drainage System Connection Permit. A permit is required to connect or discharge to any drainage system or watercourse within the County. This permit is to ensure that all drainage systems are to be used primarily for the control, disposition and management of drainage, prohibit illegal discharge of pollutants and to safeguard water quality, living resources, public health and prevent damage to the drainage system.
(c)
At the option of the applicant, a permit may cover the grading and other site development on a single lot, or on a combination of contiguous lots in a single block, or in contiguous blocks.
(d)
The grading and other site development required on a single lot or parcel where one building permit is being issued shall conform to the provisions of this Division and may be included as part of the building permit, in which case no separate grading permit is required.
(e)
With the exception of single family detached dwellings, a single grading permit is required for grading and other site development work on a single lot or parcel where two or more building permits are issued.
(f)
The information reflected in the permit shall be maintained factual and current by the permittee.
(g)
When the scope of work to be performed is solely for the purpose of commercial timber harvesting, the erosion and sediment control plan approved by the Prince George's Soil Conservation District shall be the sole technical basis for issuance of the grading permit. The fee for the timber harvesting permit shall be $100.
(h)
No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of this Ordinance and the Standards and Specifications except as provided within this Section.
Prince George's County, Md., Code § 32-127 (2026)
Sec. 32-127. Exceptions to Grading PermitLinkCopy Citation
(a)
Provided all other provisions of this Division are met and excluding the property located within the Chesapeake Bay Critical Area Overlay Zone, no grading or storm drain connection permit will be required under the following conditions:
(1)
Agricultural land management practices and construction of agricultural structures; and removal of cultivated sod, shrubs and trees for transplant as part of a regular commercial activity.
(2)
The stockpiling, with slopes at a natural angle of repose, of raw or processed sand, stone and gravel at concrete, asphalt and material processing plants and storage yards not associated with a development application.
(3)
Refuse disposal areas or sanitary landfills operated and conducted in accordance with the requirements, rules and ordinances adopted by Prince George's County.
(4)
Grading for or by, and on land owned by, the United States of America or the State of Maryland when used exclusively for purposes originally acquired or consistent with constitutional and statutory authorizations and limitations; or for, by or under permit from a municipality authority, State Highway Administration or the County Department of Permitting, Inspections, and Enforcement to the extent such grading is within public right-of-way and adjacent slope easements or minimum slope areas only, and specifically exclusive of the remainder of the lot.
(5)
Grading and trenching by privately or publicly-owned and operated public utility companies or commissions for open channel improvements and underground utility installations and maintenance in:
(A)
Public rights-of-way and Washington Suburban Sanitary Commission easements; and
(B)
Utility easements immediately adjacent to public rights-of-way or in the space on abutting lot(s) needed to accommodate the respective house connections; provided, however, that all grading and trenching involved is included in a current site grading permit or as part of a current building permit.
(6)
Grading, as a maintenance measure, or for landscaping or construction purposes on existing developed lots or parcels, provided:
(A)
The aggregate of area(s) affected or bare-earthed at any one (1) time does not exceed five thousand (5,000) square feet or disturb less than 100 cubic yards of earth;
(B)
The grade change does not exceed twelve (12) inches at any point and does not alter the drainage pattern;
(C)
All bare earth is promptly seeded, sodded or otherwise effectively protected from erosive actions.
(D)
Does not require a Tree Conservation Plan per Subtitle 25.
(7)
Grading and related earthwork, incidental to individual water wells and sewage disposal (septic) systems installed pursuant to a valid permit from the appropriate authority.
Prince George's County, Md., Code § 32-128 (2026)
Sec. 32-128. Same; Other Permits RequiredLinkCopy Citation
Permits issued pursuant to this Division do not relieve the owner/permittee of responsibility for securing required permits for work to be done which is regulated by any other applicable code, act or ordinance. The provisions of this Division shall not preclude the inclusion in such other permit of more stringent regulation or requirements concerning the grading of land.
Prince George's County, Md., Code § 32-129 (2026)
Sec. 32-129. ApplicationLinkCopy Citation
A written application from the owner of the site or the owner's authorized representative, in the form prescribed by the Director, shall be required for each permit. Grading and site development plans and specifications shall be submitted with each application for a grading permit, unless because of remoteness from adjacent properties and/or self-evidence of the ease of compliance with this and other requirements of this Subtitle, the Director specifically determines that none are required. These plans shall be prepared or approved and signed and sealed by a professional engineer, surveyor, architect or landscape architect. The Director may waive the preparation or approval and signature by the professional engineer, surveyor, architect or landscape architect only when it is self-evident that the work is simple, clearly shown, and entails no hazard or nuisance potential to adjacent property and does not include the construction of a fill upon which a structure may be erected.
Application for a drainage connection permit shall be filed in conjunction with, and pursuant to, the Concept plan application as in Section 32-177 of this Subtitle or as directed by the Director as part of an enforcement action under Section 32-116 of this Subtitle.
Prince George's County, Md., Code § 32-130 (2026)
Sec. 32-130. Contents of Grading/Site Development PlanLinkCopy Citation
(a)
In addition to the requirements in Section 32-129, plans and specifications accompanying the grading permit application shall meet the requirements and show data as follows:
(1)
Additional sets of prints shall be submitted in quantity as determined by the Director to coordinate the applied for permit issuance with collateral activities of all other County agencies. The paper size for plans shall not exceed 30" × 42".
(2)
Date, name, address and telephone number of preparer of plans, or each discipline and owner of site.
(3)
Certification from preparer of the plan, or each discipline (surveying existing conditions, proposed surface grade establishments, load-bearing fills and slope stabilities, storm drainage, retaining walls, etc.), as might have participated in the finished form, attesting to the completeness and correctness of existing conditions as shown and to the compliance of all proposed grading and other work with all of the requirements of this Subtitle, except for specific waivers or modifications as listed.
(4)
A clear and definite delineation of limits of disturbance and areas where vegetation is to remain, in conformance with the approved Tree Conservation Plan if one is required, along with a calculation of the disturbed area in square feet of the total site minus that area to remain undisturbed and currently having an effective erosion resistant ground cover or surface.
(5)
For all applications, other than those for surplus earth disposed on sites ten (10) acres or larger existing topography, proposed grading and site development with contours at one (1) or two (2) foot intervals, and drawn at a scale no smaller than one (1) inch equals fifty (50) feet of the entire site, plus a minimum twenty (20) foot adjacent peripheral strip; or as might otherwise clearly reflect existing conditions and proposed grading and other work, provided that such other interval and scale has the Director's approval in advance of plan preparation.
(6)
For surplus earth disposal on sites ten (10) acres or larger existing topography and proposed grading and site development for restoration to a condition meeting the minimum design and construction standards provided for elsewhere herein, with contours at no greater than five (5) foot intervals and drawn at a scale no smaller than one (1) inch equals two hundred (200) feet; provided, however, that for work to be performed within fifty (50) feet of any property line plans shall conform to the requirements of Paragraph (5) of this Subsection.
(7)
A clear and definite delineation with dimensions for sizing and locating areas for each class of fill proposed.
(8)
Established, or in the case of new subdivisions being processed, approved tentative street grades (elevations), including Maryland-National Capital Park and Planning Commission and/or Department of Public Works and Transportation file number(s).
(9)
Basement, first floor and ground elevations at corners of all buildings, spot elevations at critical points on the proposed grading plan, and on all other structures; and profiles and/or cross sections showing the proposed and finished grade of driveways, access lanes, walks, watercourses, as needed to demonstrate compliance with this Subtitle.
(10)
Size, location and construction details of all proposed site development.
(11)
Drainage area map and study including computations covering the entire area tributary to the site, and showing calculated runoff to all structures, lines and open channel facilities.
(12)
A clear and definite delineation of the proposed subdivision of the site for the purpose of staging, to minimize time of exposure to erosive actions, along with the construction of the sequential order for the working of each, and a statement of their respective areas, minus the area therein to remain undisturbed, in square feet.
(13)
Soil type as shown on the USDA Soil Survey of Prince George's County or soil type as determined by a professional engineer at the location of each proposed residential building. For each proposed residential building lot on which a basement is proposed to be constructed, the hydrological characteristics of the lot to a depth of six (6) feet below the finished floor level of the basement and the depth of the closest aquifer to the proposed final grade of the basement.
(14)
Time required for performing and completing all work on the site, with anticipated starting and completion dates for each subdivision thereof, as staged to minimize exposure to erosive actions.
(15)
An approved Type 2 Tree Conservation Plan or valid letter of exemption from the Woodland Conservation Ordinance in conformance with the provisions of Subtitle 25.
Prince George's County, Md., Code § 32-131 (2026)
Sec. 32-131. Soils Investigation ReportLinkCopy Citation
The Director shall require a soils investigation report prepared and certified by a professional engineer duly registered in the State of Maryland to correlate surface and subsurface conditions with the proposed grading, site and building plans. The Director may require a soils investigation report depending upon slopes, anticipated characteristics of soil, drainage characteristics and the like. The results of the investigation shall be presented in a report by a professional engineer which shall include, but need not be limited to, data regarding the nature, distribution and supporting ability of existing soils and rock on the site and include conclusions and recommendations for grading requirements and erosion control including recommendations to insure stable soil conditions and groundwater control applicable. The Director may require supplemental reports and data by an engineering geologist as might be deemed necessary. Recommendations included in such reports and approved by the Director shall be incorporated in the grading plan or specifications.
Prince George's County, Md., Code § 32-132 (2026)
Sec. 32-132. Waiver and VariancesLinkCopy Citation
(a)
The Director may waive or modify requirements of this Division on such conditions and subject to submission of such reports deemed necessary to insure compliance with the intent of this Subtitle. No waiver or modification will be considered, granted or approved unless:
(1)
Specifically requested in writing; and
(2)
Each such waiver or modification is specifically and separately approved in writing by the Director. Approval of the plans will not constitute approval of any waiver or modification of any requirement of this Subtitle that might otherwise be shown on the plans.
(b)
Erosion and Sediment Control Variances: The Prince George's Soil Conservation District may only grant a variance from the requirements of the Standards and Specifications when strict adherence will result in unnecessary hardship and not fulfill the intent of this Ordinance. The owner/developer shall submit a written request for a variance to the Prince George's Soil Conservation District. The request must state the specific variance sought and the reasons for the request. The Prince George's Soil Conservation District shall not grant a variance unless and until sufficient information is provided describing the unique circumstances of the site to justify the variance.
Prince George's County, Md., Code § 32-133 (2026)
Sec. 32-133. Denial of PermitLinkCopy Citation
(a)
General. Grading permits shall not be issued where the proposed grading would cause hazards adverse to public safety and welfare or violate the Code. If it can be shown to the satisfaction of the Director that any hazards caused can be essentially eliminated by the construction of retaining structures, buttress fills, drainage facilities, including furnishing of the necessary easements, the Director may issue the grading permit on the requirement that such construction work is performed and after secured easements are granted and recorded.
(b)
Hazardous grading. The Director shall not issue a grading permit where he finds that the work as proposed by the applicant will damage any private or public property, or interfere with any existing drainage course in such manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway, or create an unreasonable hazard to persons or property.
(c)
Geological hazard. If, in the opinion of the Director, the land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other such hazard to persons or property, the grading permit shall be denied.
(d)
Floodplain Hazard. Grading within the one hundred year floodplain is subject to the controls and requirements of this Code and, if permitted pursuant thereto, must also comply with this and other Sections of this Code.
(e)
Woodland Conservation. The Director shall not issue a grading permit:
(1)
Where the work proposed would violate an approved Tree Conservation Plan; or if a valid Letter of Exemption has not been obtained; or
(2)
Within five (5) years of timber harvest unless mitigation is provided that is consistent with the woodland conservation requirements of the underlying zone.
(f)
The denial of a grading permit application for the reasons stated in Subsection (e), above, may only be appealed to the Prince George's County Board of Administrative Appeals, in accordance with its established Rules and Regulations.
(g)
No drainage system connection permit for a connection to any watercourse or public drainage system shall be issued to discharge pollutants without applicable Federal, State or local pollution discharge permits, or other applicable permits such as a wetland permit.
(h)
Any permittee or property owner shall notify the Director of any Federal or State pollution discharge permit or conditions thereof to any drainage system or watercourse issued within the County. Failure to obtain a pollution discharge permit from the Director of a state or federal agency shall result in the denial or revocation of any permit issued by the Department of Permitting, Inspections, and Enforcement and shall subject the permittee or property owner to the provisions of Section 32-150(a), 32-196, 32-197 of this Subtitle and 28-261 of the County Code.
Prince George's County, Md., Code § 32-134 (2026)
Sec. 32-134. Permit FeesLinkCopy Citation
No permit shall be issued for grading and other work covered within this Division until the fees established in Section 32-120 have been paid.
Prince George's County, Md., Code § 32-135 (2026)
Sec. 32-135. Development BondsLinkCopy Citation
(a)
In the evaluation of development sites, no permit for grading and/or site development disturbing more than one acre of the site shall be issued until the applicant (excepting County Governmental Departments and agencies, municipalities and/or municipal corporations for municipal-owned property), as principle, has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division.
(b)
Except as otherwise provided, the amount of any bond required to be posted under this Section shall be equal to or greater than the total cost of the project, as estimated by the Department, including an additional twenty-five percent (25%) of the estimated cost for contingencies, plus the current unit price per square foot of the area to be afforested or reforested.
(c)
No deposit or bond is required for a single permit for grading and other work disturbing less than one acre. However, a cash deposit or bond is required for simultaneously applied for, or sequentially numbered permits for, work on contiguous lots or parcels with an aggregate disturbed area of more than one acre, or in those instances, in the determination of the Director, where individual permit applications necessitate the need for the posting of a bond. This exception to the bond requirement shall not be construed as an exception to the requirements for a permit.
(d)
If all work authorized by the permit is not completed within the time specified therein or as otherwise provided for in Section 32-143 or violates any other term or condition of the permit it shall be defaulted. A cash deposit shall be forfeited or, if a bond has been posted, action will be taken as follows:
(1)
Where the Director determines that a permit is in default and the work is guar-anteed by a surety bond, the Department shall immediately notify the bonding institution or agent to undertake and complete the work in accordance with the permit.
(2)
Where the Director has determined that a permit is in default and the work is guaranteed by a form of bond other than a surety bond, and the bonding institution or agent fails to commit to undertake completion of the work within thirty (30) days of having been given notice by the Department, the Director shall immediately move to collect all bonds which have been posted.
(3)
Upon a decision to collect the bonds, the Director shall evaluate the work remaining to be performed and determine whether,
(A)
the work covered by the permit should be completed;
(B)
the work site should be restored to its original condition; or
(C)
other modifications to the permitted work site should be made. The Director shall then determine whether the bonds posted are sufficient to carry out the required completion, restoration or modified work.
(4)
After evaluating the work to be performed as specified above, the Director shall develop an estimate of the costs for said work, to include an amount equal to twenty-five percent (25%) of the anticipated construction cost as contingency, and compare the estimated amount to the amount of the bond posted by the permittee.
(A)
If the amount of the bond posted is in excess of the estimate, the Department shall immediately move to collect the bonds and carry out the necessary work. The entire amount of the bonds posted may be used either in or near the permit site as may be determined by the Director to be necessary.
(B)
If the bonds posted are not sufficient, the Department shall develop and implement a course of action as determined by the Director. The Department shall immediately move to collect all of the bonds which have been posted.
(5)
If the bonds which have been posted are in excess of the amount required to complete the permitted work, any necessary restoration work or modified work as determined necessary by the Director to be necessary, the excess amount shall be released to the payer after all work has been finished by the Department and all costs of same have been accounted for.
(6)
Upon notification that a bond has been forfeited in accordance with this Subtitle, the bonding institution or agent providing the bond shall have thirty (30) days to issue payment to the County. If the bonding institution or agent fails to render payment within thirty (30) days of the notice from the Director to make payment, the bonding institution or agent may be barred from issuing any subsequent bonds for any other work within the County for a period of five (5) years. The right to reissue bonds after having been previously barred shall be allowed only after all outstanding amounts have been paid, plus an amount equal to ten percent (10%) a year, compounded annually.
(e)
All funds received from defaulted permits will be used by the County to defray the cost of contracting, including engineering and administration and for the completion of all work authorized by the permit per the approved plans, but no less than restoring the site to meet the minimum requirements of this Division with particular emphasis on stability, safety, drainage, vegetative cover and erosion control. Any unused portion of monies forfeited will be returned. In the event that the entire amount of cash deposit or bond is expended, the permittee has a continuing obligation for payment of all additional monies expended by the County for the implementation of the plan. Upon certification from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.
(f)
Before acceptance, all bonds shall be approved by the Director and the County Attorney. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Maryland. If a cash bond is offered, it shall be deposited with the Office of Finance, Treasury Division, which shall give an official receipt therefore, stipulating that said cash has been deposited in compliance with, and subject to the provisions of this Section.
(g)
Cash deposits shall be returned and surety bonds cancelled upon compliance of all work authorized by the permit and the issuance of a certificate of completion by the Director.
(h)
Upon completion and acceptance of the various stages of grading and/or site development, the permittee may request, in writing to the Director, partial release of the monies posted as a guarantee pursuant to this Section. A Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses shall be paid for each request.
(i)
Whenever the Director requests payment of the monies posted as a guarantee pursuant to this Section, the permittee shall pay a Two Hundred Fifty Dollar ($250.00) nonrefundable fee (Section 32-120) for administrative expenses.
(j)
Where a site requires afforestation or reforestation, no grading permit, building permit, or combination thereof, shall be issued until the applicant has posted a cash deposit or bond from an approved corporate surety or other collateral, including a certificate of guarantee pursuant to Section 2-463, if determined acceptable by the Director and by the County Attorney, to guarantee and assure that all work will be completed in accordance with the approved plans and the provisions of this Division and Subtitle 25.
Prince George's County, Md., Code § 32-136 (2026)
Sec. 32-136. Conditions of ApprovalLinkCopy Citation
(a)
In granting a permit pursuant to this Division, the Director may impose such conditions as may be reasonably necessary to prevent water quality degradation by the discharge of pollutants, or creation of a nuisance or unreasonable hazard to persons, or unnecessary destruction of living resources or damage to property. Such conditions shall include (even if not specifically written in the permit), but need not be limited to:
(1)
The granting (or securing from others) and recordation in County land records of easements for drainage facilities, including the acceptance of their discharge on the property of others, and for the maintenance of slopes or erosion control facilities.
(2)
Adequate control of dust by watering, or other control methods that is in conformance with applicable air pollution ordinances.
(3)
Improvements of any existing grading, ground surface, or drainage condition on the site (not to exceed the area as proposed for work or development in the application) to meet the standards required under this Division for new grading, drainage and pollution control.
(4)
Sediment traps and basins located within a densely populated area or in the proximity of an elementary school, playground or other area where small children may congregate without adult supervision shall be enclosed with a minimum forty-two (42) inch high safety fence.
(5)
Protection of water quality through the implementation and maintenance of drainage treatment devices or the use of control measures.
Prince George's County, Md., Code § 32-137 (2026)
Sec. 32-137. LiabilityLinkCopy Citation
Neither the issuance of a permit under the provisions of this Division nor compliance with the provisions hereto or with any condition imposed by the Director hereunder shall relieve any person from responsibility for damage to persons, property, drainage systems, living resources, or the general environment nor impose any liability upon the County for damages to persons and property.
Prince George's County, Md., Code § 32-138 (2026)
Sec. 32-138. Responsibility of PermiteeLinkCopy Citation
(a)
Notwithstanding other conditions or provisions of a permit or the minimum standards set forth in this Division, the permittee is responsible for the abatement of pollutant discharges, damage to adjacent property, and the maintenance of water quality. No person shall perform grading on land in any manner or so close to the property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sedimentation, or other damage or personal injury which might result.
(b)
The permittee shall be responsible for the prompt removal of, and damages resulting from, any soil, miscellaneous debris, pollutant discharge, or other materials washed, spilled, tracked, dumped, or otherwise deposited on public or private streets, highways, sidewalks, watercourses or other public thoroughfares as an incident to the construction activity, or during transit to and from the construction site where, in the opinion of the Director, such deposition constitutes a public nuisance or hazard.
(c)
During grading operations, the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.
Prince George's County, Md., Code § 32-139 (2026)
Sec. 32-139. Permit AuthorizationLinkCopy Citation
(a)
The issuance of a grading permit shall constitute an authorization to do only that work described in the permit and shown on the approved site plans and specifications, in strict compliance with the requirements of this Division, unless each and every modification or waiver is specifically listed and given specific approval by the Director pursuant to Section 32-132.
(b)
The issuance of any drainage connection permit shall constitute an authorization to discharge subject to continued compliance with any covenants, stipulations, and agreements and the provisions of the connection permit and any maintenance agreement, in full compliance with any other Federal, State or local water quality protection laws.
Prince George's County, Md., Code § 32-140 (2026)
Sec. 32-140. ComplianceLinkCopy Citation
The permittee, his agent, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications, and in compliance with all the requirements of the permit and this Subtitle.
Prince George's County, Md., Code § 32-141 (2026)
Sec. 32-141. Enforcement Action Upon NoncomplianceLinkCopy Citation
(a)
In the event work does not conform to the permit or to the plans and specifications or to any instructions of the Director, notice to comply shall be given to the permittee in writing. After notice to comply is given, a maximum period of up to ten (10) days, in the determination of the Director, shall be allowed for the permittee or his contractor to begin to make the corrections. If an imminent hazard exists, the Director may require that the corrective work begin immediately. In the event of a failure to comply as directed or to satisfactorily complete all work required, the Director is hereby authorized to use the monies posted as guarantee pursuant to Section 32-135 of this Code to complete the work by contract or to order its completion by County personnel.
(b)
If the Director finds any existing conditions to be other than as stated in the application or approved plans, he may stop the work until a revised plan is submitted conforming to the existing conditions.
(c)
Failure of the permittee to comply with the directives of this Section will constitute a violation to this Section, and the Director may cancel the permit and proceed with the necessary restoration of the site using the Development Bond funds provided under Section 32-135.
(d)
Any discharge or connection to a drainage system or watercourse which is not permitted subject to the provisions of this Division or not permitted under other Divisions of this Code which is found to contain pollutants shall be considered illegal and in noncompliance, and subject to enforcement and permitting actions set forth in this Code.
(e)
Erosion and Sediment Control Enforcement:
(1)
The County shall, through the authority of this Ordinance and COMAR 26.17.01 use enforcement action when erosion and sediment control violations occur.
(2)
Enforcement actions may include, but are not limited to:
(A)
Issuance of a corrective action order;
(B)
Issuance of a stop work order, the extent of which is determined by the County;
(C)
Issuance of a penalty or fine as allowed; and
(D)
Referral for legal action.
(3)
The County may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.
(4)
The County shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan, if not otherwise exempt. Measures shall be required to be implemented to prevent off-site sedimentation.
(f)
Severability: If any portion, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance, it being the intent of the County that this Ordinance shall stand, notwithstanding the invalidity of any portion, section, subsection, sentence, clause, or phrase, hereof.
(g)
Penalties:
(1)
Any person who violates any provision of this Ordinance is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
(2)
Any agency whose approval is required under this Ordinance or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Ordinance.
(3)
In addition to any other sanction under this Ordinance, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to the County or the State in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.
(4)
Any governing authority that recovers damages in accordance with this subsection shall deposit them in a special fund, to be used solely for:
(A)
Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and
(B)
Administration of the sediment control program.
Prince George's County, Md., Code § 32-142 (2026)
Sec. 32-142. Modifications to Approved Erosion and Sediment Control PlansLinkCopy Citation
(a)
The Prince George's Soil Conservation District may require the revision of approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or the County in accordance with COMAR 26.17.01.09(H) Plan Modifications.
(b)
The Prince George's Soil Conservation District shall develop a list of minor modifications that may be approved as field revisions by the inspection agency. The Administration shall review and approve any list of minor modifications prior to its implementation.
Prince George's County, Md., Code § 32-143 (2026)
Sec. 32-143. Time LimitsLinkCopy Citation
(a)
Generally. Grading or drainage system connection permits shall be issued for a period not to exceed two (2) years where the estimated cost of work is less than Five Hundred Thousand Dollars ($500,000.00) and for a period not to exceed three (3) years where the estimated cost of work is equal to or more than Five Hundred Thousand Dollars ($500,000.00). The permittee shall fully perform and complete all of the work shown on the plans within the time limit specified in the permit.
(b)
Extension. Prior to the expiration of a grading permit, the permittee may present a written request for an extension to the Director. If an extension is warranted, it may be granted in one year increments, one year at a time. Extension fees for grading shall be calculated at the same rate as permit fees, and based on the amount of site area that has not received final inspection approval as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Extension fees for storm drain, stormwater management (private and public systems outside the public right of way) shall be calculated at twenty-five percent (25%) of the same rate as the permit fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. Extension fees for road construction included in a grading permit shall be calculated in accordance with Section 23-122 of the County Code. The applicability of bonding requirements shall be adjusted accordingly. Application for permit renewal and extension shall be made at least sixty (60) days prior to the permit expiration date.
(c)
Permit Expiration and Renewal. Application for permit renewal and extension shall be made at least sixty (60) days prior to the permit expiration date.
(d)
Extension beyond 6 years. If, in the opinion of the Director, a permit extension beyond six (6) years is warranted, it may be granted in one year increments. Such extensions require justification from the permittee and approval by the Director of the Department of Permitting, Inspections and Enforcement.
(e)
No Activity. If no site work and/or no site inspections have occurred in a six (6) month period, the County may, in its sole discretion, default or close the permit.
Prince George's County, Md., Code § 32-144 (2026)
Sec. 32-144. Inspection and SupervisionLinkCopy Citation
(a)
The Director or his designee shall inspect all work and shall require that the permittee furnish adequate supervision, documentation of satisfactory testing and compaction prepared and certified by a professional engineer duly registered in the State of Maryland for all Class 1, Class 2 and Class 3 fills as deemed necessary.
(b)
After the issuance of a grading permit, the permittee, the contractor and/or their agents shall attend a preconstruction meeting on-site with the Director or his designee on each site requiring an approved sediment and erosion control plan.
(c)
After obtaining the initial site grading permit(s), the permittee shall obtain written inspection approvals by the Director at the following stages in the development of the site or of each phase of development thereof:
(1)
Upon completion of installation of tree protection devices, followed by the installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval of the tree protection devices and perimeter erosion and sediment controls has been obtained;
(2)
Upon completion of stripping, the stockpiling of top soil, the construction of temporary sediment and erosion control facilities, disposal of all waste material and preparation of the ground;
(3)
Upon completion of rough grading, but prior to placing top soil, permanent drainage, or other site development improvements and ground covers;
(4)
Upon completion of final grading, permanent drainage and erosion control facilities including established ground covers and planting, and all other work required by the permit. The Director may make additional inspections as might be deemed appropriate.
(d)
Work shall not proceed beyond the stages outlined above until the Director or his designee inspects the site and approves the work previously completed. Requests for inspections shall be made at least twenty-four (24) hours in advance (exclusive of Saturdays, Sundays and holidays) of the time the inspection is desired.
(e)
The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.
(f)
Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on average, once every two (2) weeks.
(g)
The County shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing:
(1)
The nature of the violation;
(2)
The required corrective action; and
(3)
The time period in which to have the violation corrected.
(h)
Right of Entry: It shall be a condition of every grading or building permit that the County has the right to enter property periodically to inspect for compliance with the approved plan and this Ordinance.
(i)
Complaints: The County shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and:
(1)
Conduct an initial investigation within three (3) working days from receipt of the complaint;
(2)
Notify the complainant of the initial investigation and findings within seven (7) days from receipt of the complaint; and
(3)
Take appropriate action when violations are discovered during the course of the complaint investigation.
(j)
For inspection and enforcement of the woodland conservation program and the erosion and sediment control program, the following shall be required:
(1)
Ensure that approved tree conservation plans and approved Erosion and Sediment Control plans and permits are on the site and are complied with;
(2)
Ensure that every active site having an erosion and sediment control plan is inspected for compliance with the approved plan on the average of once every two weeks; and
(3)
Prepare written reports after every inspection that describe:
(A)
The date and location of this site inspection;
(B)
Whether the approved plan has been properly implemented and maintained;
(C)
Practical deficiencies or erosion and sediment control plan deficiencies; and
(D)
If a violation exists, the type of enforcement action that is taken.
(E)
If applicable, a description of any modifications to the plan.
Prince George's County, Md., Code § 32-145 (2026)
Sec. 32-145. ReportsLinkCopy Citation
(a)
Periodic reports of land grading activities and the supervision, testing and compaction control documenting the compaction of fill and certifying the acceptability and location of all fills shall be submitted to the Director. Where so directed, an as-built plan and the reports shall include certification of the adequacy of:
(1)
Stripped areas and benched or keyed surfaces prepared to receive fills;
(2)
Removal of unsuitable materials;
(3)
Fill placement locations and depths;
(4)
Construction of erosion control facilities, drainage devices, buttress fills, subdrains, retaining walls and other grading appurtenances; and
(5)
Elevations of all rough grading completed.
(b)
Prepare written reports after every inspection that describe:
(1)
The date and location of this site inspection;
(2)
Whether the approved plan has been properly implemented and maintained;
(3)
Practical deficiencies or erosion and sediment control plan deficiencies;
(4)
If a violation exists, the type of enforcement action that is taken; and
(5)
If applicable, a description of any modifications to the plan.
Prince George's County, Md., Code § 32-146 (2026)
Sec. 32-146. Change of OwnershipLinkCopy Citation
The transfer of ownership of a site or any portion thereof by a permittee shall not relieve such permittee from any obligations under this Division.
Prince George's County, Md., Code § 32-147 (2026)
Sec. 32-147. Final ReportsLinkCopy Citation
Upon completion of the work, the Director shall require a report from a registered professional engineer, surveyor or architect certifying that all site work and facilities have been completed in accordance with the conditions of the permit, the approved plans and specifications, with the minimum standards of this Division, with a specific listing of all waivers as might have been approved.
Prince George's County, Md., Code § 32-148 (2026)
Sec. 32-148. Certification of CompletionLinkCopy Citation
Upon receipt and approval of the final reports, if required by Section 32-147, and upon determining that all permitted work has been satisfactorily completed in conformance with this Subtitle, the Director will issue a certification of completion, the same being prerequisite to the return of the cash deposit or release of bond in whole or part pursuant to Section 32-135.
Prince George's County, Md., Code § 32-149 (2026)
Sec. 32-149. MaintenanceLinkCopy Citation
On any property on which grading or other work has been performed pursuant to a permit granted under this Division, the permittee or owner, or the agent, contractor and employees of the permittee or owner shall continuously maintain and repair all graded surfaces and erosion control facilities, drainage structures or means and other protective devices, plantings and ground cover installed and completed.
Prince George's County, Md., Code § 32-150 (2026)
Sec. 32-150. Existing ConditionsLinkCopy Citation
(a)
Remedy of Defects. Deficiencies, Discharges, Connections and Maintenance. Whenever and wherever the Director finds that any existing grading, drainage, ground condition, discharge or drainage connection is defective, deficient or illegal under the requirements of this Division and constitutes or creates a public nuisance or hazard, or will result in adverse impacts to water quality or may cause damage to property, drainage system, or a watercourse, then and in such event the owner/permittee of the property upon which condition is located, or the person responsible for the condition, upon receipt of notice in writing from the Director, shall within the period specified therein, secure the required permit, perform or cause to be performed the required remedial work, repairs or maintenance so as to correct and remedy the defect or condition, and to be in conformance with the requirements of this Division and other requirements of this Subtitle.
(b)
Disregard of Notice to Remedy Condition; Penalty or Enforcement. Failure to complete or undertake the required remedial work within the period specified shall constitute a violation(s) pursuant to Sections 32-107 and 32-118 of this Subtitle. If an act, omission or condition constituting a violation is of a continuing nature, each day that a violation continues shall be deemed a separate offense. The actual application of the penalty provisions of these Sections, or the possible prospective application thereof shall not preclude the enforced removal, correction or abatement of prohibited conditions or use through appropriate proceedings in a court of law. The notice provisions of Sections 32-107 and 32-118 and as amended herein shall not be applicable when, in the determination of the Director, there is an unsafe condition of soil or premises, or both, which constitutes a violation of one or more of the provisions of this Division and is a serious, immediate threat to the health or safety of the general public or adjacent property.
(c)
Emergency Measures. The application of such penalty shall not preclude the enforced removal, abatement or correction of the conditions which were found to be in noncompliance, through appropriate proceedings in a court of law. In addition, the County may take those actions necessary to correct the situation, and all costs incurred therefore shall be recovered from the responsible person in accordance with Section 32-108(e), or through other legal recourse.
Prince George's County, Md., Code § 32-151 (2026)
Sec. 32-151. Site GradesLinkCopy Citation
(a)
Site grades shall be adapted to establish street grades and topography, preserving to the extent feasible the natural contours, existing woodlands, specimen trees and terrain features.
(b)
Concentrated surface drainage from each lot or parcel shall discharge directly, or through no more than one (1) adjacent lot unless suitable easements are granted to accommodate its flow into a publicly maintained drainage system, street or continuously flowing natural watercourse. Easements may not be required if, in the opinion of the Director, it can be demonstrated by a Maryland registered professional engineer that the concentrated surface drainage is insignificant and/or will not adversely affect adjacent properties.
(1)
Slope Limitations. In effecting the foregoing objectives, the slope limitations specified in Table 4 herein and elsewhere in this Division shall be followed. The exact value shall be determined by the preparer of the plan to suit each specified site.
TABLE 4 - SITE SLOPE LIMITATIONS
| FEATURE | MAXIMUM | MINIMUM |
| Setback of Building from edge Building Pad or Shelf | — | 10 ft. * |
| Slope of Pad or Shelf Away from Building, Residential | 30" in 10' | 10" in 10' |
| Slope of Pad or Shelf Away from Building, All Others | — | 10" in 10' |
| Yards or Lawns | 3:1 | 2 ½% |
| Slope of Terraces, Slopes or Banks, Residential | 3:1 | — |
| Slope of Terraces, Slopes or Banks, all others | 2:1 | — |
| Side Slope of Swale or Ditch | 3:1 | 10:1 |
| Longitudinal Gradient of Sodded Swale or Ditch | 4% or ** | 2% |
| Slope patios-longitudinal pitch (end to end) and Lateral pitch (side to side) away from the Building | 1/4" in 12" | 1/8" in 12" |
| Driveways - lateral pitch (side to side) away from Building Sidewalks and leadwalks - lateral pitch | 1/2" in 12" 48:1 | 1/8" in 12" — |
| Driveways - longitudinal pitch (end to end) away from the Building Sidewalks and leadwalks - longitudinal | 12.5% 12:1 | 1% — |
| Parking Lots and Areas | 7% | 1% |
| * Minimum from sides of single-family residences and from ends of a townhouse complex is four (4) feet. ** The slope that will yield a velocity no greater than four (4) feet per second. |
(2)
Exception. Slopes steeper than 3:1 may remain undisturbed and undeveloped when preserving a forested area; however, a soils analysis may be required by the Director if the long term stability of the slope is in question.
(3)
Building Types and Designs. Selection of building types and designs shall be coordinated with, and shall be considered secondary to, conformance of the site grading to the foregoing objectives, the preferred slope limitations, and other requirements of this Division.
(4)
Factor of Safety. All slopes shall have a factor of safety of 1.5.
Prince George's County, Md., Code § 32-152 (2026)
Sec. 32-152. Ground StabilizationLinkCopy Citation
(a)
All graded surfaces shall have suitable soil for permanent vegetative growth; free of any rocks, stones or other nonirreducible/nonorganic matter larger than one and one-half (1 ½) inches in diameter; disked and raked; and shall be limed, fertilized, seeded, mulched with tack or sodded, planted or otherwise protected from erosion; and shall be watered, tended and maintained until growth is well established.
(1)
Topsoil shall be in accordance with the Maryland Department of the Environment, Standards and Specifications for Soil Erosion and Sediment Control, B-4-2 Standards and Specifications for Soil Preparation, Topsoiling and Soil Amendments or approved subsequent revisions thereof.
(2)
Stabilization methods and materials shall be in accordance with the Maryland Department of the Environment, Standards and Specifications for Erosion and Sediment Control, B-4-4, B-4-5, Standards and Specifications for Temporary and Permanent Stabilization, or approved subsequent revisions thereof.
(3)
Upon completion of the work, a vegetative ground cover certification from a registered professional engineer, surveyor, or landscape architect shall be provided certifying that all disturbed or graded surfaces on the project site, with exception of areas shown on the plan that do not apply, have permanent vegetative growth and that the vegetative materials were placed in accordance with this Section and have been completed in accordance with the conditions of the permit, the approved plans and specifications, and with the minimum standards of this Division, with specific listing of all waivers as might have been approved.
Prince George's County, Md., Code § 32-153 (2026)
Sec. 32-153. Contents, Review and Approval of the Erosion and Sediment Control PlanLinkCopy Citation
(a)
No grading permit shall be issued for areas to be disturbed in excess of five thousand (5,000) square feet or one hundred (100) cubic yards of earth moved without an approved erosion and sediment control plan which meets the requirements of the Prince George's Soil Conservation District, this Division, the State Sediment Control Regulations, COMAR 26.17.01, and the Standards and Specifications. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. This plan shall serve as a basis for all subsequent grading and stabilization. The applicant shall certify on the plan that all clearing, grading, drainage, construction and development shall be conducted in strict accordance with the plan.
(b)
At a minimum, applicants shall submit the following information to the Prince George's Soil Conservation District:
(1)
A letter of transmittal and/or application known as a site analysis;
(2)
A vicinity sketch indicating north arrow, scale and other information necessary to easily locate the property;
(3)
Drainage area map(s) showing existing, interim, and proposed topography, proposed improvements, standard symbols for proposed sediment control features, and pertinent drainage information including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system;
(4)
The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 15 percent and steeper, and any other sensitive areas;
(5)
A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the Prince George's Soil Conservation District or the USDA Natural Resources Soils Conservation Service;
(6)
Proposed stormwater management practices;
(7)
An Erosion and sediment control plan at an appropriate scale, including at least:
(A)
Name, address and telephone number of:
(i)
The owner of the property where the grading is proposed;
(ii)
The applicant; and
(iii)
The developer.
(B)
The existing topography and improvements as well as proposed topography and improvements at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval;
(C)
Scale, project and sheet title, and north arrow on each plan sheet;
(D)
The proposed grading and earth disturbance including:
(i)
Total disturbed area;
(ii)
Volume of cut and fill quantities;
(iii)
Volume of borrow and spoil quantities;
(iv)
Specific limits of disturbance consistent to that shown on an approved Type 2 Tree Conservation Plan; and
(v)
A clear and definite delineation of all woodland conservation areas and areas to remain undisturbed consistent with the approved Type 2 Tree Conservation Plan;
(E)
Scale, project and sheet title, and north arrow on each plan sheet;
(F)
The limit of disturbance (LOD) including:
(i)
Limit of grading (grading units, if applicable); and
(ii)
Initial, interim, and final phases;
(G)
Storm drainage features, including:
(i)
Existing and proposed bridges, storm drains, culverts, outfalls, etc.;
(ii)
Velocities and quantities of peak flow rates at outfalls for the two-year and ten-year frequency storm events; and
(iii)
Site conditions around points of all surface water discharge from the site;
(H)
Erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation including:
(i)
The salvage and reuse of top soil;
(ii)
Phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration, not to exceed 20 acres;
(iii)
Location and type of all proposed erosion and sediment control practices;
(iv)
Design details and data for all erosion and sediment control practices; and
(v)
Specifications for temporary and permanent stabilization measures including, at a minimum:
(aa)
The "Standard Stabilization Note" on the plan stating: "Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
(I)
Three (3) calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and
(II)
Seven (7) calendar days as to all other disturbed or graded areas on the project site not under active grading."
(bb)
Details for areas requiring accelerated stabilization; and
(cc)
Maintenance requirements as defined in the Standards and Specifications;
(8)
Design details for structural controls;
(9)
Details of temporary and permanent stabilization measures including placement of the statement on the plan that following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven (7) calendar days for the surface of all perimeter dikes, swales, ditches, perimeter slopes and all slopes greater than 3 horizontal to 1 vertical (3:1), and for all embankments of ponds, basins and traps; and fourteen (14) days for all other disturbed or graded areas on the project site provided that the requirements of this Section do not apply to those areas which are shown on the plan and are currently being used for material storage or for those areas on which actual construction activities are currently being performed or to interior areas of a surface mine site where the stabilization material would contaminate the recoverable resource;
(10)
A sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. Any changes or revisions to the sequence of construction must be approved by the Prince George's Soil Conservation District prior to proceeding with construction. The sequence of construction shall, at a minimum, include a schedule and time frame for the following:
(A)
Request for a pre-construction meeting with the Department;
(B)
Clearing and grubbing for those areas necessary for installation of perimeter controls;
(C)
Construction and stabilization of perimeter controls within installed perimeter controls;
(D)
Remaining clearing and grubbing;
(E)
Road grading;
(F)
Grading for the remainder of the site;
(G)
Utility installation and connections to existing structures;
(H)
Construction of buildings, roads, and other construction;
(I)
Final grading, landscaping and stabilization;
(J)
Construction of buildings, roads and other construction;
(K)
Installation of stormwater management measures;
(L)
Approval of the appropriate enforcement authority prior to removal of sediment controls; and
(M)
Removal of controls and stabilization of areas that are disturbed by removal of sediment controls.
(11)
A statement placed on the plan indicating that the owner/developer or representative shall request that the Department of Permitting, Inspections, and Enforcement or its agent approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit, and this Division, and that the owner/developer or representative shall obtain written inspection approvals by the Director or his designee at the following stages in the development of the site, or of each subdivision thereof:
(A)
Prior to the start of earth disturbance;
(B)
Upon completion of installation of tree protection devices, followed by the installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval by the Department is made;
(C)
Upon completion of stripping, the stockpiling of top soil, the construction of temporary sediment and erosion control facilities, disposal of all waste material and preparation of the ground;
(D)
Upon completion of rough grading, but prior to placing top soil, permanent drainage or other site development improvements and ground covers;
(E)
Prior to the start of another phase of construction or opening of another grading unit;
(F)
Prior to the removal of sediment control practices; and
(G)
Upon completion of final grading, reforestation, permanent drainage, and erosion control facilities including established ground covers and planting, and all other work of the building permit;
(12)
Certification by the owner/developer or permittee that any clearing, grading, construction or development, or all of these, will be done pursuant to the approved erosion and sediment control plan. The certification must also require that responsible personnel involved in the construction project will have a Certification of Training at a State of Maryland Department of the Environment approved training program (i.e. Green Card Certification) for the control of sediment and erosion before beginning the project. The Certification of Training for Responsible Personnel requirement may be waived by the Prince George's Soil Conservation District on any project involving four (4) or fewer residential units. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the Prince George's Soil Conservation District, the Department, and/or MDE;
(13)
Certification by a professional engineer, land surveyor, landscape architect (only for plans with no hydraulic and hydrologic calculations), or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards, if required by the Prince George's Soil Conservation District or the Administration; and
(14)
In approving the plan, the Prince George's Soil Conservation District may require any additional information or data deemed appropriate and/or may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this Division, the State Sediment Control Regulations, COMAR 26.17.01, the Standards and Specifications, or the preservation of public health and safety.
(c)
Review and Approval of Erosion and Sediment Control Plans.
(1)
A person may not grade land without an erosion and sediment control plan approved by the Prince George's Soil Conservation District if the site is not exempt from these requirements.
(2)
The Prince George's Soil Conservation District shall review erosion and sediment control plans to determine compliance with this Ordinance and the Standards and Specifications prior to approval. In approving the plan, the Prince George's Soil Conservation District may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Ordinance, COMAR 26.17.01, the Standards and Specifications, and the preservation of public health and safety.
(3)
The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Prince George's County Stormwater Ordinance, and the Act.
(4)
At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15 percent as well as information required under Prince George's County Stormwater Ordinance. These areas are to remain undisturbed or an explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction. Approved concept sediment control plans remain valid for three (3) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District.
(5)
A site development plan submittal must include all concept plan information and indicate how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices. The latter is being done through a narrative and an overlay plan showing both ESD and erosion and sediment control practices. An initial sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time. Approved site development sediment control plans remain valid for three (3) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District.
(6)
An applicant shall submit a final erosion and sediment control plan to the Prince George's Soil Conservation District for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in this Section.
(7)
A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Prince George's Soil Conservation District on the plan.
(8)
Final erosion and sediment control plans remain valid for two (2) years from the date of approval unless extended or renewed by the Prince George's Soil Conservation District.
(9)
Grandfathering of Approved Plans:
(A)
Any plans that receive final approval after January 9, 2013 must be in compliance with the erosion and sediment control requirements of this Ordinance and the Standards and Specifications.
(B)
A plan that receives final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.
(C)
Stabilization practices on all sites must be in compliance with the erosion and sediment control requirements of this Ordinance and the Standards and Specifications by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.
(d)
The erosion and sediment control plan must be designed in concert with a site's stormwater management plan as required by the Stormwater Management Act of 2007 (Act). The Act requires an integrated review of erosion and sediment control plans and stormwater management plans via a comprehensive plan review process to ensure that environmental site design (ESD) is implemented to the maximum extent practicable (MEP) on all sites.
(e)
Standard Erosion and Sediment Control Plan.
(1)
The Prince George's Soil Conservation District may adopt a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.
(2)
A standard erosion and sediment control plan must meet the requirements of this Ordinance and the Standards and Specifications.
(3)
MDE shall review and approve a standard plan prior to its adoption.
Prince George's County, Md., Code § 32-154 (2026)
Sec. 32-154. Preparation of GroundLinkCopy Citation
(a)
The entire area, or each subdivision thereof, included within the limits of proposed cut and fill shall be stripped with particular emphasis on the removal of all root mat, trash, organic matter, and otherwise objectionable, noncomplying and unsuitable materials and soils. All previously placed uncontrolled fill shall be removed from areas to receive class 1 fill for a building or structure that is to be erected. No building or structure shall be erected on class III fill material.
(1)
Prior to placing class 1 fill, the ground surface, if within five (5) feet of finished grade, or foundation base elevation, shall be compacted so that the top six (6) inches achieves a density of not less than ninety percent (90%) of maximum density as defined in Section 32-158.
(2)
No class 1 or 2 load-bearing fill shall be placed on frozen ground. Class 3 fill may be placed on frozen ground.
(3)
Natural and/or existing slopes steeper than five (5) horizontal to one (1) vertical shall be benched or continuously stepped into competent materials prior to placing fill of any class. Fills toeing out on natural slopes steeper than four (4) horizontal to one (1) vertical shall not be made unless approved by the Director after receipt of a report by a soil engineer certifying that he has investigated the property, made soil tests, and that, in his opinion, such steeper slopes will safely support the proposed fill.
(4)
All specimen trees within or adjacent to areas of proposed disturbance shall be protected in accordance with the approved Type 2 Tree Conservation Plan. Where Type 2 Tree Conservation Plan is not required, all specimen trees within or adjacent to areas of disturbance shall be protected by appropriate tree protection devices placed outside the drip line of the tree.
Prince George's County, Md., Code § 32-155 (2026)
Sec. 32-155. Waste MaterialsLinkCopy Citation
(a)
All objectionable, noncomplying and unsuitable materials and soils, and surplus complying earth encountered on the site or as developed during the construction operation, shall be classed as waste, and shall be immediately removed and disposed of by hauling to a County authorized refuse disposal area or sanitary landfill, or as follows:
(1)
Combustibles, such as litter, trash, root mat, brush, trees, stumps by stockpiling, and subsequent burning on site, as regulated by other codes, or if considered salvageable as lumber, firewood, etc., by removal and hauling away. These materials shall not be dumped, piled or buried on the site or at any location other than a County authorized refuse disposal area and/or landfills.
(2)
Brick, broken concrete and asphalt, by inclusion as part of fill material pursuant to Section 32-157.
(3)
Top soil - by direct placement or interim stockpiling and subsequent placement in the uppermost layer immediately below finished grade in areas proposed for landscaping on the site or by placement in intermittent layers in class 3 fills on the site.
(4)
Surplus complying earth and topsoil, by hauling away, or placement at only those sites elsewhere for which a permit has been issued. Dumping on other sites, not under permit is not permitted.
(5)
The general contractor or party responsible for construction shall provide a sufficient number of covered containers at the construction site to contain litter and trash for timely disposal at a County authorized refuse disposal facility. For the purpose of this Section, litter and trash shall mean litter as defined by Section 13-261 of this Code, but shall not include any building or construction wastes.
Prince George's County, Md., Code § 32-156 (2026)
Sec. 32-156. Fill — ClassesLinkCopy Citation
(a)
The grading plans and specifications shall specify and delineate the use and extent of fills in accordance with the following classifications:
(1)
Class 1 fill — Load-bearing fills proposed for support of buildings, walls, and other structures, the function thereof which would be especially impaired by settlement.
(2)
Class 2 fill — Load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections, and structures which would not be especially impaired by moderate settlement.
(3)
Class 3 fill — Common fills proposed for lawns, landscape plantings, or for other nonload-bearing usage.
Prince George's County, Md., Code § 32-157 (2026)
Sec. 32-157. Fill — MaterialsLinkCopy Citation
(a)
All Class 1 and 2 fills shall consist of readily compactable soils meeting the following minimum requirements:
(1)
No inclusions of ice or snow, organic or other deleterious materials subject to decay and high shrink-swell soils shall be permitted.
(2)
No rock or similar irreducible material with a maximum dimension greater than eighteen (18) inches shall be buried or placed in any portion of the fill, with the top two and one-half (2½) feet below finished grade, foundations and utility service connections having nothing larger than eight (8) inches in any dimension, unless permitted by the Director after receipt of a report by a soil engineer certifying that he has investigated the property and the fill materials, and that a fill including oversized materials may be constructed to meet the intent of this Division.
(b)
Class 3 fills may include the more difficult to compact soils, at other than optimum moisture content; rock and similar irreducible materials without limit as to size provided no detectable voids are formed, into which overlying soils may later be displaced; and top soil, intermittently layered with nonorganic soil. In other than rock gardens, at least twelve (12) inches of top soil must cover all rock or irreducible materials with a maximum dimension greater than eight (8) inches.
(c)
The material must be free of contamination levels of any pollutant which is, or may be considered to represent, a possible health hazard to the public or may be detrimental to surface or ground water quality, or may cause damage to property or the drainage system.
Prince George's County, Md., Code § 32-158 (2026)
Sec. 32-158. Fill — CompactionLinkCopy Citation
(a)
Each layer of Class 1 and Class 2 fills shall be compacted at optimum moisture content (plus or minus two (2) percentage points), and to a minimum of ninety-five percent (95%) and ninety percent (90%), respectively, of maximum density as determined in the laboratory by the Standard Proctor Test (AASHTO T-99, ASTM D-698). Each layer of Class 3 fills shall be compacted sufficiently to support customarily used tracked spreading equipment and upon completion to be stable and after planting to prevent erosion. Other methods of compaction that the Director deems appropriate and result in an equal or better quality of compaction for Class 1 and 2 fills may be accepted.
(1)
Lower degrees of compaction may be permitted by the Director after receipt of a report by a soil engineer certifying that the soil engineer has investigated the subsoils of the site, has tested representative fill materials and that, in the opinion of the soil engineer, such lower degree of compaction will be adequate for the intended use of the fill.
(2)
In-place (field) density shall be determined in accordance with the ASTM test method D-1556-82E, D-2922-91 or AASHTO T-191-86, T-238-86.
(3)
All fills shall be placed in approximately horizontal layers, each layer having a loose thickness of not more than eight (8) inches for Class 1, twelve (12) inches for Class 2 and two (2) feet for Class 3 fills. If approved by the Director, thicker lifts may be permitted only upon submittal of adequate density test documentation of limited test fills.
Prince George's County, Md., Code § 32-159 (2026)
Sec. 32-159. Subgrade — CompactionLinkCopy Citation
The top eight (8) inches of soil in cut, or the required Class 2 fill sections to be used as subgrade for support of patios, building floor slabs, driveways, parking pads and lots, sidewalks and other structures which would not be especially impaired by moderate settlement shall be compacted, or recompacted, to at least ninety percent (90%) of maximum density as determined by the Standard Proctor test.
Prince George's County, Md., Code § 32-160 (2026)
Sec. 32-160. SlopesLinkCopy Citation
(a)
Within the limitations specified in Section 32-151 and elsewhere, slopes of site grading, drainage and other improvements and facilities shall be determined by the preparer of the plan to suit the specific site and in accordance with accepted engineering practice.
(1)
No fill or cut shall be made which creates an exposed surface steeper in slope than two (2) horizontal to one (1) vertical unless specifically waived by the Director after receipt of a report by a soil engineer certifying that the engineer has investigated the property, and that, in the engineer's opinion, such steeper slope will be structurally stable and that the ground cover to be used is of a low maintenance type and will effectively control erosion.
(2)
The Director may require that slopes be constructed with exposed surface flatter than those shown in Section 32-151, or may require such other measures as the Director deems necessary for stability and safety.
(3)
Sides of temporary excavations made for foundations, buildings, and utility installations shall be protected, shored, or sloped as required by regulations of the Maryland State Department of Labor and Industry.
Prince George's County, Md., Code § 32-161 (2026)
Sec. 32-161. Slopes — SetbacksLinkCopy Citation
(a)
Cut and fill slopes steeper than four (4) horizontal and one (1) vertical shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figures 1 and 2 herein.
(1)
Fill placed above the top of an existing or proposed surface with a slope steeper than three (3) horizontal to one (1) vertical shall be set back from the top of the slope a minimum distance of six (6) feet.
(2)
The setbacks established by this Section are minimum and may be increased by the Director, if the Director deems it necessary for safety or stability, or to prevent possible damage from water, soil or debris.
(3)
The Director may reduce the required setback from property lines where:
(A)
The Director determines the necessity for the setback to be eliminated or reduced by the construction of retaining walls or because the owner/permittee has the right to extend slopes onto the adjacent property; or
(B)
After receipt of a report by a soil engineer certifying that the soil engineer has investigated the property and that in the engineer's opinion the reduction in the set back will not endanger any public or private property or result in the deposition of sediment or debris on any public way.
MINIMUM SETBACK REQUIREMENTSfor Slopes Steeper than 4:1
| H in Feet | Toe if Fill from property line a | Top of cut from property line d | Building from toe or top of slope b |
| 0 - 10 | 4' | 2' | 10' |
| 10 - 30 | 8' | 4' | 15' |
| over 30 | 12' | 6' | 20' |
SLOPE SETBACK FROM PROPERTY LINE - Figure 1
BUILDING SETBACK - Figure 2
Prince George's County, Md., Code § 32-162 (2026)
Sec. 32-162. On-Site DrainageLinkCopy Citation
(a)
The following provisions apply to the safe conveyance and disposal of drainage to prevent erosion and property damage.
(1)
Drainage facilities, including but not limited to sump pumps, foundation drains, trench drains and under drains, shall be provided and shall be discharged into a publicly maintained drainage system or continuously flowing natural water course to safely convey surface and ground water in such a manner to prevent detrimental erosion, overflow, ponding or nuisance of any kind in accordance with applicable design criteria, standards and procedures as contained herein and as required by approved standards and regulations of the Prince George's County Department of Permitting, Inspections, and Enforcement.
(2)
Unless intended by design for water quality and quantity purposes, the ponding of water shall not be permitted particularly above cut or fill slopes or on drainage terraces, nor shall new development cause water to be impounded on adjacent property. Adequate drainage facilities shall be provided to prevent such ponding. Existing ponding (ponding not created by development) may remain in undisturbed, undeveloped, forested areas, unless it has objectionable effects.
(3)
Cut and fill slopes shall be terraced wherever the vertical interval (height) of any 2:1 slope exceeds twenty (20) feet; for 3:1 slope it shall be increased to thirty (30) feet; and for 4:1 to forty (40) feet. Benches shall be located to divide the slope face as equally as possible and shall convey the water to a stable outlet. Drainage terraces shall be a minimum of six (6) feet wide with an absolute minimum invert gradient of between two percent (2%) and a maximum invert gradient of three percent (3%), unless accompanied by appropriate design and calculations, and with a ten to one (10:1) lateral slope toward the toe of the upper bank, and must convey water with minimum six (6) inch freeboard to a safe disposal area.
(4)
The permittee and the owner shall make adequate provisions to prevent any surface waters from materially damaging the face of any and all earth surfaces, excavation or fill. All such earth surfaces shall be temporarily and/or permanently protected from surface water runoff from above by interceptor and diversion berms, swales brow or berm ditches, and shall be sodded, seeded and/or planted unless, upon the recommendation of the Prince George's Soil Conservation District, the Director determines such treatment is unnecessary and specifically waives this requirement pursuant to Section 32-132.
(5)
All areas designed for buildings pads shall be graded to slope away from the building in conformance with the limitations in Section 32-151.
(6)
All drainage terraces, interceptor and diversion berms, swales and ditches shall be designed and constructed in accordance with standards contained elsewhere herein and when required, shall be piped or paved or otherwise improved. In order for drainage to discharge into natural watercourses such natural ground shall be protected from erosion by an adequate amount of riprap or by other measures. Flows exceeding three (3) cubic feet per second will not be permitted in open facilities such as swales and ditches, but shall be conveyed in enclosed storm drain systems. Concentrated flow in driveways, parking lots and access lanes shall not exceed one-half (1/2) the width of paving, or ten (10) feet, whichever is less.
(7)
Overflows from one hundred (100) year storm shall be traced through the site and intervening area to their locations of discharge into a natural stream and, at critical locations, their hydraulic gradient determined to ascertain that the proposed construction does not flood or damage existing and proposed buildings or structures along the trace, as required by Division 4 of this Subtitle.
(8)
Springs and surface seeps and other ground waters having objectionable effects shall be capped with stone and/or sand with interlaced tile drains or perforated pipes connecting into a piped outfall to a public storm drainage system or continuously flowing natural watercourse.
(9)
Unless otherwise permitted by Federal, State or local regulations, or the provisions of this Division, the discharge of pollutants onto land, to a drainage system, or to a watercourse within the County is prohibited.
(10)
All drainage system rights-of-way and easements shall be used by the County for the purposes of the administration of this Division to conduct activities related to enforcement, compliance, investigation and surveillance.
(11)
Downspout discharge may discharge to a properly graded area provided the point of discharge at the Building Restriction Line (BRL) or ten (10) feet from any property line and conveyed by splash block oriented parallel to said line. If the downspouts are connected into an underground drainage system, a cleanout valve and air gap for blockage overflow is required.
Prince George's County, Md., Code § 32-163 (2026)
Sec. 32-163. Completion of Site DevelopmentLinkCopy Citation
Site development shall be completed in accordance with the approved plans prior to the Director of the Department of Permitting, Inspections, and Enforcement granting occupancy of any building or structure on the site. The site work shall be completed prior to, or at the same time as, the completion of the buildings or structures. Adequate and acceptable completion of recreational facilities, landscaping, parking, parking lighting, retaining walls, and other site work shall be in compliance with the approved site plans and other conditions. The requirements of the approved Type 2 Tree Conservation Plan shall be completed prior to the issuance of the use and occupancy permit.
Prince George's County, Md., Code § 32-164 (2026)
Sec. 32-164. Grading, Drainage and Erosion Control StandardsLinkCopy Citation
(a)
The design, testing, installation and maintenance of grading, drainage and erosion control operations and facilities shall meet the minimum requirements set forth in the Standards listed herein.
(1)
Soils.
(A)
ASTM Standards, Volume 0408 Titled Natural Building Stones, Soil and Rock, by the American Society for Testing and Materials, Philadelphia.
(B)
ASTM Designation D-1556-82E, Density of Soil in Place by the Sand-Cone Method.
(C)
ASTM Designation D-698-82E, Moisture-Density relations of Soils and Soil Aggregate Mixtures Using 5.5 -lb. (2.50 kg) Rammer and 12 in. (457 MM) Drop.
(D)
Maryland Department of the Environment, Maryland Standards and Specifications for Soil Erosion and Sediment Control (as amended).
(2)
Drainage. Subtitle 23 titled "Roads and Sidewalks," the Prince George's County Code; Prince George's County, Maryland, Stormwater Management Design Manual (as amended).
(3)
Erosion Control. Soil Survey of Prince George's County, Maryland issued December 2009 Maryland Standards and Specifications for Soil Erosion and Sediment Control. Maryland Department of the Environment, Current Maryland Standards and Specifications for Soil and Erosion Control.
(4)
Subtitle 25 titled "Trees and Vegetation," the Prince George's County Code, adopting by reference the "Prince George's County Woodland Conservation and Tree Preservation Policy Document."
Prince George's County, Md., Code § 32-165 (2026)
Sec. 32-165. Other PlansLinkCopy Citation
The application for a permit shall be accompanied by other plans required as determined by the nature and type of work proposed. These plans shall reflect the various types of work or conditions on the site which may include, but are not limited to, the following types: landscaping, storm drain, stormwater management, tree preservation, conservation, mitigation and sediment and erosion control. These plans shall be subject to applicable review and approval criteria.
Prince George's County, Md., Code § 32-166 (2026)
Sec. 32-166. Building Restrictions in Drinking Water Reservoir WatershedsLinkCopy Citation
(a)
No grading permit may be issued for the construction of any structure within two thousand five hundred (2,500) feet of a drinking water reservoir except as provided by this Section.
(b)
A grading permit for the construction of a one or two-family dwelling and associated structures may be issued in accordance with this Division.
(c)
A grading permit for any other structure may be issued in accordance with this Division provided that all structures are served by public water and sewage systems.
Prince George's County, Md., Code §§ 32-167–32-169 (2026)