# Sec. 32-233. Mitigation Plan

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. 32-233. Mitigation Plan

Prince George's County, Md., Code § 32-233 (2026)

(a) Phase I Mitigation Plan.

  (1) A permittee shall submit a Phase I Mitigation Plan as part of the nontidal wetland permit application.

  (2) Phase I Mitigation Plans shall include all of the following information:

    (A) Names, addresses and telephone numbers of the principals associated with project implementation;

    (B) A proposal, if applicable, to use monetary compensation consistent with Section 32-221 to fulfill mitigation requirements;

    (C) A photograph and description of the type and acreage of the proposed nontidal wetland losses;

    (D) A description of the activity causing the nontidal wetland loss;

    (E) A description of mitigation projects proposed to fulfill the required replacement of nontidal wetland acreage and/or functions. The description shall include a project location map, showing the geographic relationship between the area of proposed nontidal wetland loss and the proposed mitigation site or sites; and

    (F) A description of the site selection process and a justification of the selection of the proposed mitigation site based on Section 32-231(h) and (j);

    (G) A description of the selected protection mechanisms required in Section 32-231(1).

  (3) The Department shall render a decision concerning the acceptability of the Phase I Mitigation Plan as part of the final permit decision.

  (4) In rendering a decision on the Phase I Mitigation Plan, the Department shall provide guidance to the applicant on the content, timing and necessity of proceeding with the Phase II Mitigation Plan.

(b) Phase II Mitigation Plan.

  (1) A permittee may submit the Phase II Mitigation Plan as part of the permit application.

  (2) Unless otherwise determined by the Department, the Phase II Mitigation Plan shall be submitted within three (3) months of the Department's final permit determination. The design plan shall include all of the following information:

    (A) Plan view scaled drawings prepared by a licensed surveyor or engineer that include:

      (i) A vicinity map showing the project location, existing land use and zoning;

      (ii) The location, type and acreage of proposed nontidal wetland mitigation activities;

      (iii) The location of proposed stockpile areas;

      (iv) The location of proposed sediment and erosion control devices;

      (v) The location of all areas to be used to store machinery, equipment or supplies;

      (vi) The proposed source of borrow materials;

      (vii) The proposed location, spacing and type of propagules for each plant species; and

      (viii) Other information pertinent to a Phase II Mitigation Plan as required by the Department;

    (B) Cross section drawing showing existing and proposed final site conditions including grade, elevation and slope;

    (C) Description of how enhancement activities will replace lost nontidal wetland acreage and functions;

    (D) If applicable, a description of how the enhancement of farmed nontidal wetlands will replace lost nontidal wetland acreage and function;

    (E) Construction schedule, which includes estimated start and completion dates;

    (F) Hydrology, which includes:

      (i) Estimated elevation of surface and groundwater, as measured from the soil surface, bimonthly from November to May and monthly from June to October;

      (ii) The source of the water, such as precipitation, surface water, or ground-water, over various seasons of the year;

      (iii) The reliability of the hydrologic sources throughout various seasons of the year; and

      (iv) Relevant precipitation data;

    (G) Substrate conditions, including a description of:

      (i) Existing soil and substrate conditions; and

      (ii) Soil and substrate amendments needed to meet hydric soil characteristics and maintain the specified plant species;

    (H) Vegetation to be planted, including all of the following:

      (i) The scientific and common name of plant species. All plants shall be native or adaptive to the State;

      (ii) Planting dates for each species according to propagation methods; and

      (iii) Planting stock fertilizer requirements for the entire five (5) year monitoring period;

    (I) A five (5) year monitoring schedule establishing responsibility for the removal of exotic and nuisance vegetation, and permanent establishment of the nontidal wetland system and its component parts. The Department shall encourage the permittee to provide for the long-term maintenance and monitoring of mitigation sites beyond the required monitoring period;

    (J) A detailed budget of the proposed mitigation project costs, including:

      (i) Land acquisition; and

      (ii) Design, which includes construction, monitoring and maintenance;

    (K) A description of protection mechanisms required in Section 32-231(1).

  (3) The permittee shall present evidence of a legal right to implement the proposed mitigation plan on the selected site by providing:

    (A) An executed deed conveying title of the selected site to the permittee;

    (B) An executed conservation easement agreement;

    (C) Written evidence of the landowner's consent for use of the selected site;

    (D) A fully executed option agreement, long-term lease agreement, sales contract for the selected site; or

    (E) Other written evidence of a possessor ownership interest in the selected site.

  (4) The Department may waive all or part of the requirements of a Phase II Mitigation Plan.

  (5) The Department may not release a bond or terminate monitoring without receipt of a legally binding deed, long-term lease, or conservation easement on those lands where mitigation will occur.

  (6) The Department shall render a decision concerning the acceptability of the Phase II Mitigation Plan within 45 days of receipt of a completed plan, unless a final permit decision has not been made. If the Department fails to notify the applicant within the 45 day period, the plan shall be considered acceptable unless a final permit decision has not been made.

(c) Mitigation Plan Modification.

  (1) The Department may require, and a permittee may request, modifications to an approved mitigation plan or component during construction to ensure compliance with this Ordinance. Modification, substitution, or other deviations from an approved mitigation plan or component may not be made without approval under this Section.

  (2) A modification request may be made orally and followed up in writing.

  (3) A written request shall contain the following information:

    (A) The name of the permittee;

    (B) Location of the mitigation project;

    (C) A description of proposed modification; and

    (D) A justification for the modification.

  (4) The Department's decision may be given orally or in writing. The Department shall notify a permittee of its decision within ten (10) days of a written request. If an oral decision is made, the Department shall confirm its decision, in writing, within ten (10) days. The Department's decision, whether oral or written, is binding on the permittee.