Title 21. Special Taxing Districts — Subtitle 6. Stormwater Management Districts -- Montgomery and Prince George's Counties

“Stormwater management” means the planning, designing, acquisition, construction, demolition, maintenance, and operation of facilities, practices, and programs for the control and disposition of storm and surface water.

“Stormwater management” includes floodproofing, flood control, and navigation programs.

In Prince George’s County, “stormwater management” also means the protection, conservation, regulation, creation, and acquisition of property described in §§ 5–901(g) and 16–101(l) of the Environment Article, consistent with federal and State laws and regulations on the subject of nontidal and private wetlands.

Montgomery County may establish a stormwater management district that includes the land in its boundaries, except for the land in the City of Takoma Park.

In its stormwater management district, Montgomery County shall provide efficient stormwater management services to the residents and property owners of the stormwater management district with adequate facilities for development and promotion of safety for life and property.

The stormwater management services shall include those formerly performed by the Commission.

Montgomery County may not exercise stormwater management authority in the City of Takoma Park unless the city and county otherwise agree.

The stormwater management district is a special taxing district for the purpose of stormwater management.

Montgomery County may establish one or more special taxing areas within its stormwater management district.

Prince George’s County may establish a stormwater management district that includes the land in its boundaries, except for the land in the City of Bowie.

In its stormwater management district, Prince George’s County shall provide efficient stormwater management services to the residents and property owners of the stormwater management district with adequate facilities for development and promotion of safety for life and property.

The stormwater management services shall include those formerly performed by the Commission.

Prince George’s County may not exercise stormwater management authority in the City of Bowie unless the city and county otherwise agree.

The stormwater management district is a special taxing district for the purpose of stormwater management.

Prince George’s County may establish one or more special taxing areas in its stormwater management district.

Montgomery County, Prince George’s County, and the City of Takoma Park may issue bonds in any amount that they consider necessary to provide money for their respective portions of the stormwater management programs and systems authorized under this subtitle.

The proceeds of bonds issued under paragraph (1) of this subsection shall be used for the planning, acquisition, construction, reconstruction, establishment, extension, enlargement, demolition, or purchase of facilities, including land, interests in land, or equipment, for stormwater management programs and systems.

In the stormwater management district, Prince George’s County may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the county determines to be a fair share of the cost of a stormwater management project before the county approves or constructs the project.

In the City of Bowie, the city may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the city determines to be a fair share of the cost of a stormwater management project before the city approves or constructs the project.

In the City of Takoma Park, the city may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the City Council determines to be a fair share of the cost of a stormwater management project in the city’s jurisdiction before the City Council approves the project for construction.

In Montgomery County, except for property in the City of Takoma Park, the Montgomery County Council may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the County Council determines to be a fair share of the cost of a stormwater management project in the county’s jurisdiction before the County Council approves the project for construction.

Before construction begins, the contribution shall be paid in cash or secured to the satisfaction of the approving authority.

maintenance of stormwater management systems in the stormwater management district that were maintained by the Commission before July 1, 1987, and systems established by each county on or after July 1, 1987;

the principal and interest that becomes due and owing to the bondholders during the following year and the proportionate part of the principal of all outstanding sinking fund bonds, as determined by the table of redemption of bonds for bonds issued by:

the cost of stormwater management activities and practices in the stormwater management district, as approved in the county’s annual stormwater management budget and appropriations resolution for the following fiscal year.

The Commission shall certify annually to each county the amount necessary to produce the sum required to pay the principal, interest, and other obligations for the current year on the outstanding bonds issued by the Commission to pay for stormwater management projects in the county’s stormwater management district.

The county shall pay the amount certified under paragraph (1) of this subsection.

Except as provided in paragraph (2) of this subsection, the taxes authorized by this section shall be imposed and collected in the same manner, have the same priority, bear the same interest, and be treated in all respects as other county taxes.

Except for the City of Takoma Park, the ad valorem tax may not exceed:

The tax shall be in an amount necessary to pay for the maintenance of:

If a municipality decides to maintain all existing stormwater management systems in its boundaries, the municipality shall notify the county council of its intent to maintain the stormwater management systems before the date on which the county council adopts its annual budget.

If the conditions set forth in paragraph (1) of this subsection are met, all assessable properties in the municipality shall be exempt from the tax imposed under this section.

The county shall maintain every interest in stormwater easements, structures, and other properties in the county, whether or not established by plat, that were transferred by deed to the county.

The Commission and any municipality in the county shall allow the county to enter and exit over any fee, leasehold, easement, or right–of–way of the Commission or municipality to maintain any stormwater easement, structure, or other property.

maintenance of stormwater management systems in the city that were maintained by the Commission before July 1, 1990, and systems established by the city on or after July 1, 1990;

the principal and interest that becomes due and owing to:

the cost of stormwater management activities and practices in the city, as approved in the city’s annual stormwater management budget and appropriations resolution for the following fiscal year.

Except as provided in paragraph (2) of this subsection, the taxes authorized by this section shall be imposed and collected in the same manner, have the same priority, bear the same interest, and be treated in all respects as other taxes imposed by the City of Takoma Park.

establish a stormwater management fund; and

deposit in the fund:

establish a stormwater management fund; and

deposit in the fund:

Subject to paragraph (2) of this subsection, the annexing municipality is responsible for stormwater management in the annexed area.

Prince George’s County shall impose and collect from the annexed property an ad valorem tax at a rate sufficient to pay the principal, interest, and other obligations on outstanding bonds issued by the Commission or Prince George’s County for stormwater management before the annexation.

was constructed by the Commission or the county or accepted for maintenance by the Commission or the county; and

is located in a street, an alley, a public way, or a public space.

a stormwater management system that is located on real property owned by the Maryland–National Capital Park and Planning Commission shall be maintained by the Maryland–National Capital Park and Planning Commission; and

a stormwater management system or facility that is located in a road maintained by the State Highway Administration shall be maintained by the State.

provide easement areas or on–site stormwater management facilities; and

agree to construct the necessary facilities or provide for the construction by posting a bond in an amount sufficient to construct the stormwater management facilities that the county or city considers necessary.

If the county or the City of Takoma Park decides to construct stormwater management facilities to serve more than one development or if the county or city agrees to allow the owner or developer to construct a stormwater management system, the county or city may enter into an agreement with the developers of new developments for payment by the developers of a fee in lieu of on–site stormwater management facilities.

The fee in lieu of on–site stormwater management facilities shall be based on an equitable pro rata share of the net cost of the facilities after deducting any State or federal grants applied to the construction of the facilities.

grading; and

prohibiting structures, fences, or plantings on the easement area.

The Maryland–National Capital Park and Planning Commission may not approve a plat for subdivision of land until it ascertains from the county, the City of Bowie, or the City of Takoma Park, whichever is appropriate, whether easement areas for stormwater management facilities are required.

If easement areas are required, the Maryland–National Capital Park and Planning Commission may not approve the plat for recordation until the easements are included on the plat.

the stormwater management plan or design is in accordance with the 6–year capital improvement program of the jurisdiction responsible for stormwater management in the affected area and is approved by that jurisdiction; or

the plan, system, or design is intended to protect an individual’s home and has no adverse impact on other properties or stormwater management systems.

When Prince George’s County receives a plan that provides for drainage into a storm drain or stormwater management facility of the City of Bowie or onto any easement of the City of Bowie, the county promptly shall provide a copy of the plan to the City of Bowie for review and comment.

If the Commission or Prince George’s County, after reviewing a plan submitted by the City of Bowie, advises the city that the Commission or county finds that construction in accordance with the plan will cause stormwater runoff problems in the maintenance of existing facilities or construction and maintenance of planned facilities, the city may not authorize construction to begin until the matter is resolved.

If the Commission or Montgomery County, after reviewing a plan submitted by the City of Takoma Park, advises the city that the Commission or county finds that construction in accordance with the plan will cause stormwater runoff problems in the maintenance of existing facilities or construction and maintenance of planned facilities, the city may not authorize construction to begin until the matter is resolved.

The Commission shall execute instruments of transfer as necessary to evidence the transfers.

All real and personal property, including all fees, leaseholds, easements, rights–of–way, buildings, fixtures, systems, and equipment, owned or held by the Commission for the primary purpose of stormwater management is transferred to the county in which the property is located or affixed or to the City of Takoma Park if the property is located in or affixed to the City of Takoma Park.

All tangible and intangible personal property, including all equipment, construction materials, fees, fees–in–lieu, contributions, reserve funds, sinking funds, contracts, agreements, claims, demands, and actions, owned or held by the Commission for the primary purpose of stormwater management is transferred to the county in which is located the real property to which the personal property relates or to the City of Takoma Park if the real property to which the personal property relates is located in the City of Takoma Park or, if unrelated to specific property, is transferred in proportion to the real property acreage transferred to each county or to the City of Takoma Park under this section.

The transfer of property under this section does not impair the rights of holders of bonds issued by the Commission for stormwater management or the responsibility of the Commission for the repayment of the bonds or the responsibility of the counties to impose taxes for or otherwise guarantee the repayment of the bonds.

The City of Takoma Park is not responsible for payment to the Commission for debt service on any bonds issued by the Commission outstanding on June 30, 1990.

This subsection does not apply to § 21–624 of this subtitle.

Except as provided in subsection (b) of this section, a person who violates the provisions of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.