Sec. 32-232. Monitoring and Bonding
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 § 32-232 (2026)
Sec. 32-232. Monitoring and BondingLinkCopy Citation
(a)
Monitoring of Mitigation Projects.
(1)
The permittee shall submit to the Department annual monitoring reports, on dates to be specified by the Director, for five (5) years from the completion of the construction of the mitigation project unless the permittee has received written notice from the Department that the monitoring requirements have been fulfilled in less than five (5) years.
(2)
Through written notification to the permittee, the Department may extend the required monitoring period for not more than an additional three (3) year period if the mitigation project fails to comply with Section 32-231(k).
(3)
Annual monitoring reports submitted to the Department shall include the following information:
(A)
A description of how the mitigation project meets the mitigation project standards in Section 32-231(k);
(B)
Photographs of the mitigation project;
(C)
The commercial source of planting stock whenever planting is required;
(D)
A description of any midcourse corrections which have been taken, or need to be taken, to implement the mitigation plan or a component thereof to meet the standards of Section 32-231(k); and
(E)
An "as-built" site design plan.
(4)
The Department reserves the right to inspect the mitigation project at any time during its construction, during the required monitoring period, and at any time after that to assess the long term viability of the mitigation project.
(5)
The permittee shall consider monitoring requirements fulfilled only upon receipt of written notice from the Department.
(b)
Bonding.
(1)
This Subsection does not apply to agencies of any Federal, State, County or Municipal government.
(2)
Within sixty (60) days of the Department's approval of Phase II of the mitigation plan, a permittee shall file with the Department a surety bond on a form to be prescribed and furnished by the Department.
(3)
The surety bond shall be payable to the Prince George's County Government and conditioned upon the successful completion of construction of the mitigation project according to an approved mitigation plan.
(4)
Upon approval by the Director and the County Attorney, the Department may accept one of the following alternative forms of security:
(A)
A deposit of cash or negotiable bonds of the U.S. Government having a market value equal to the acceptable bond amount accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture;
(B)
A certificate of deposit equal to the required bond issued by a bank in the State of Maryland and accompanied by a written agreement of the bank to pay the County on demand in the event of forfeiture; or
(C)
An irrevocable letter of credit that is equivalent to the required bond issued by a bank or financial institution organized or authorized to do business in the State of Maryland that expressly states that the total sum is guaranteed to be available and payable directly to the County on demand in the event of forfeiture. The irrevocable letter of credit may not expire until all mitigation and monitoring requirements have been fulfilled to the Department's satisfaction.
(5)
Upon approval by the Director and the County Attorney, the Department may accept the following alternatives to posting a surety bond before work is begun under a permit:
(A)
The grant to the Department, in trust, of a deed, by an easement or other interest in upland property owned by the permittee, that has at least the same monetary value as the selected mitigation site.
(B)
Fulfillment of mitigation requirements before the permitted activity results in a loss of nontidal wetlands.
(C)
The Department shall obtain possession of, and keep in custody; all alternative forms of security deposited by the permittee under subsection (b)(4)(A) through (C) until authorized for release. All alternative forms of security may not expire until construction of the mitigation project has been successfully completed pursuant to the approved mitigation plan, as may be modified under Section 32-233(c).
(6)
The amount of the bond shall be set at $20,000 per acre of nontidal wetland mitigation required under the permit. For permits that will impact less than one (1) acre, but no less than one-quarter acre of nontidal wetlands, the bond shall be set at $5,000 per one-quarter acre. The permittee may request the Department to reduce the required bonding amount based on estimated or actual costs of the mitigation project and any other relevant information. In no event may the amount of security required be less than the total costs of the mitigation requirements, taking into account the following:
(A)
Number of acres to be mitigated;
(B)
The cost of land in the area of the mitigation site;
(C)
The proposed method of mitigation; and
(D)
Any other relevant factors, including reduction of the bond amount for projects with a high likelihood of success.
(7)
Liability under the bond shall continue until all mitigation and monitoring work has been successfully completed, and the work has been accepted as final by the Department.
(8)
A bond or other alternative form of security shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity to provide a substitute bond or other security which will be effective on the cancellation date in the notice.
(9)
The amount of the bond posted by a permittee may be adjusted by the Department based on the actual costs of the mitigation design plan or if the cost of future mitigation work changes. The Department shall notify the permittee of any proposed bond adjustment and provide an opportunity for an informal conference on the adjustment. A permittee may request reduction of the bond amount upon submission of evidence to the Department that proves the costs to complete the mitigation plan have been reduced. Such requests shall be considered as a request for a partial bond release.
(10)
The surety bond shall be fully or partially released to the obligee upon receipt of written notice from the Department which states that all mitigation requirements have been satisfactorily fulfilled or that a partial release is appropriate under subsection (b)(9). The written notice for a full bond release shall be sent at the end of the required five (5) year monitoring period, a lesser monitoring period as described under subsection (a)(1), or the extended monitoring period as described under subsection (a)(2).
(c)
Bond Forfeiture.
(1)
The bond or other instrument securing compliance with a permit may be subject to forfeiture upon:
(A)
Revocation of a nontidal wetland permit;
(B)
Failure of the permittee to comply with an administrative order; or
(C)
Failure to comply with any element of the approved mitigation plan and an approved modification.
(2)
The Department shall notify the permittee and the surety or other financial institution in writing, by certified mail, of its intention to initiate forfeiture proceedings.
(3)
The permittee shall have 30 days from receipt of the notice of forfeiture to show cause why the bond or other instrument should not be forfeited. If the permittee fails to show cause, the bond or other instrument shall be forfeited.
(4)
On showing cause, the Department shall provide for a reasonable time for the permittee, surety or other financial institution, to correct the problem.
(5)
If the permittee fails to show cause, the bond or other instrument shall be forfeited nisi and the Department shall notify the permittee, surety or other financial institution, of the forfeiture. If a showing of an intention to correct the problem in compliance with the mitigation project is not submitted to the Department within 30 days from forfeiture nisi, the bond or other security shall be forfeited absolute.
(d)
To avoid double bonding, the Department shall work with an applicant required to post bond under other Department programs requiring a bond.
(e)
A permittee may not conduct a regulated activity in a nontidal wetland if the permittee previously forfeited any bond or alternate security under this Ordinance, unless the permittee repays the Department the cost of completing the mitigation project in excess of the forfeited bond or alternative security plus interest at the rate set in the Courts and Judicial Proceedings Article, Section 11-107(a), Annotated Code of Maryland. If the mitigation project is still not completed, the permittee shall complete the mitigation project at its expense according to the approved mitigation plan and any approved modifications