Sec. 32-219. Application Requirements for Regulated Activities
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.
Prince George's County, Md., Code § 32-219 (2026)
Sec. 32-219. Application Requirements for Regulated ActivitiesLinkCopy Citation
(a)
A person may not conduct a regulated activity in a nontidal wetland, buffer, or expanded buffer unless the Department has determined that the activity is exempted or has issued a permit or a Letter of Authorization. Any County grading or building permit to conduct a regulated activity in a wetland, buffer, or expanded buffer is invalid unless the Department or the MDNR has issued a Nontidal Wetland Permit or a Letter of Authorization.
(b)
Any fee structure for the nontidal wetland permit process shall be established by resolution of the County Council, and such fees shall be payable to Prince George's County.
(c)
Application Forms.
(1)
An application for a nontidal wetland permit shall be on a unified Federal, State and County permit application form furnished by the Department and shall include all information required in subsection (d) and any additional information required by the Department in subsection (e).
(2)
The Department shall coordinate with other Federal, State and County agencies to expedite review of associated permits.
(3)
The person signing the application form shall be:
(A)
An officer or authorized agent, if the applicant is a corporation;
(B)
A legally authorized official, if the applicant is a County agency or municipal government;
(C)
An authorized partner, if the applicant is an association or a partnership; or
(D)
An individual or his/her legally authorized representative, if the applicant is an individual.
(4)
The person who signs the application shall be responsible for the truth, accuracy and completeness of all information in the application.
(d)
An applicant for a permit or a Letter of Authorization shall submit all of the information required by the application form.
(e)
An applicant for a Unified Nontidal Wetland Permit or Letter of Authorization may be required to submit one or more of the following items of information for an application to be considered complete and the delineation correct:
(1)
The Wetland Concept Plan letter and all information submitted at the Concept Plan stage;
(2)
Name of the property owner and contract purchaser;
(3)
Legal description of the project location;
(4)
Description of the project purpose including a discussion of the project's spatial requirements and the sensitivity of the project design to the nontidal wetland area;
(5)
A composite site plan at a scale of one inch equals 200 feet drawn by a licensed surveyor or engineer to show the overall project and layout;
(6)
A site plan at a scale of one inch equals 30 feet or 50 feet drawn by a licensed surveyor or engineer that includes the following:
(A)
Nontidal wetland boundary, as marked by flags in the field, based on field delineation and in accordance with the Corps Delineation Manual, including the buffer and expanded buffer. The applicant shall maintain the boundary flags in place until notified by the Department;
(B)
Location of all existing and proposed structures;
(C)
Location of all proposed regulated and nonregulated activities;
(D)
Property Lines of all adjacent and/or impacted properties;
(E)
Names of adjacent property owners;
(F)
Location of Nontidal Wetlands of Special State Concern;
(G)
Location and number of all soil samples;
(H)
Location of the County's approved 100-year floodplain boundary based on the proposed condition;
(I)
Existing topography (2 foot field run contours, 5 foot contours or aerial as needed); and
(J)
Type I and II Tree Conservation Plan or a valid letter of exemption;
(7)
Proposed or approved preliminary plan of subdivision or lot layout;
(8)
Drainage area map;
(9)
Alternative site analysis including the physical, economic and demographic character of each site;
(10)
An Avoidance and Minimization Analysis (A discussion of potential impacts and the steps taken, first to avoid, and then to minimize, impacts for each site);
(11)
Demonstration of public need, as applicable, by showing;
(A)
The present or future availability of projects with the same or similar public need; and
(B)
A demand for the project in the general area;
(12)
Representative photograph of the affected nontidal wetland area;
(13)
A Phase I Mitigation Plan;
(14)
Other information an applicant deems appropriate;
(15)
A cross section of proposed final elevation after filling, grading or excavating;
(16)
A description of the type and quantity of fill material to be used;
(17)
Acreage, function and type of nontidal wetland area, buffer, and expanded buffer that will be affected permanently or temporarily by the regulated activity;
(18)
Data from soil samples which will be:
(A)
Taken from a minimum depth of 20 inches and include a description of soil colors and textures as obtained from borings sufficient to verify hydric or nonhydric conditions;
(B)
On transects perpendicular to the nontidal wetland boundary, starting within the nontidal wetland area and moving towards the upland; and
(C)
Numbered and accompanied by a soil description log indicating the observed or estimated depth to the highest water table during the year;
(19)
Data sheets from the Corps Delineation Manual identifying and describing hydrology and vegetation along the transects required in subsection (e)(18);
(20)
Identification of nontidal wetlands known or believed to have significant plant or wildlife value;
(21)
Description of available utilities, site access, type and acreage of the nontidal wetland, and description of potential impacts for each alternative site considered by the applicant;
(22)
Map of, and narrative statement regarding, the geographic boundaries of the general area where the proposed project could be undertaken and still meet the project purpose;
(23)
Brief discussion of demographic factors which are critical to the success of the project, including data, statistics or marketing studies;
(24)
Description of water, wastewater, community facilities, schools, transportation, or other public facility requirements of the project;
(25)
An assessment of on-site and adjacent nontidal wetland buffer and expanded buffer functions;
(26)
Field survey of animal species and/or the natural characteristics of the site;
(27)
Soil infiltration rates as determined in the field; or
(28)
Larger scale or more detailed engineering design plans or maps.
(f)
Confidential Information.
(1)
Except as provided in subsection (f)(2), information submitted to the Department under this regulation shall be made available for public inspection and copying.
(2)
An applicant may request in writing, at the time the application is submitted, that confidential information submitted as part of an application not be disclosed. The Department shall determine if the information is confidential under State Government Article Section 10-611 et seq., Annotated Code of Maryland, and other applicable law. If the Department denies the applicant's request for nondisclosure, the applicant may withdraw an application or seek review of the Department's determination under applicable law. If the applicant withdraws an application, the Department shall, at the request of the applicant, return any documents designated as confidential.