Sec. 32-230. Mitigation 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 § 32-230 (2026)
Sec. 32-230. Mitigation for Regulated ActivitiesLinkCopy Citation
(a)
Exemptions. Mitigation or monetary compensation for nontidal wetland loss is not required for regulated activities that:
(1)
Are exempted under Sections 32-225 and 32-226, except where specified;
(2)
Do not result in a loss of nontidal wetlands;
(3)
Occur only in the buffer or expanded buffer.
(b)
Requirements.
(1)
A permittee shall take all necessary steps to first avoid adverse impacts and then to minimize impact to nontidal wetlands. If the permittee demonstrates to the Department's satisfaction that losses of nontidal wetlands are unavoidable and necessary, the Department shall require the permittee to develop and implement mitigation.
(2)
The Department shall require a permittee, as a condition of the permit, to mitigate or monetarily compensate for nontidal wetland losses caused by regulated activities not listed as exemptions in Subsection (a).
(3)
The Department may waive some or all of the off-site mitigation requirements for up to one (1) acre of nontidal wetland lost for construction of special wastewater disposal facilities in a nontidal wetland on residential property. The waiver is conditioned upon the applicant siting the special wastewater disposal facility so as to first avoid and then minimize impacts to nontidal wetlands, and upon performance of on-site mitigation to the maximum extent practicable.
(4)
The Department may reduce mitigation requirements if the regulated activity provides a significant environmental benefit of the proposed mitigation project and has a likelihood of success, as determined by the Department.
(5)
The Department shall require a permittee to develop and submit a mitigation plan for review and approval. The plan shall be consistent with the following:
(A)
Standards of Section 32-231;
(B)
Plan requirements in Section 32-233; and
(C)
Monitoring and bonding requirements in Section 32-232.
(6)
The Department may accept monetary compensation only if it is determined that creation, restoration or enhancement of nontidal wetlands is not a feasible alternative. Monetary compensation shall only be accepted under specific conditions and shall be based on the fee structure guidelines described in Section 32-234.
(7)
The Department may not base a final permit decision on the environmental benefits of a mitigation proposal or the financial benefits of monetary compensation proposals.
(8)
If the Department denies approval of a mitigation plan and the permittee is aggrieved by the decision, the permittee may request reconsideration of the denial under the procedures of Section 32-221(b). The Department may order cessation of the permitted activity or interim stabilization measures, or rescind any other permits or approvals granted for the subject property, pending resolution of the request for reconsideration of the Department's decision.
(9)
The Department may approve of mitigation bank sites in consultation with appropriate Federal, State and local agencies for the purpose of providing mitigation for identified projects. Mitigation bank sites for identified projects are required to meet the standards of Section 32-231(i) and (j) and the monitoring requirements of Section 32-232(a). Wetland bank sites will not obligate the County to issue a nontidal wetland permit for a future project that will cause nontidal wetland loss.