# Sec. 32-133. Denial of Permit

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.

## Sec. 32-133. Denial of Permit

Prince George's County, Md., Code § 32-133 (2026)

(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.
