# COMAR Title 26 — Department of the Environment

## Subtitle 17 — Water Management

### Chapter 01 — Erosion and Sediment Control

#### Regulation .03 Delegation of Enforcement Authority.

*COMAR 26.17.01.03*

A. A county, a municipality or the Commission may seek delegation of enforcement authority from the Secretary to enforce compliance with the provisions of the following:

  (1) This chapter;

  (2) An approved erosion control ordinance;

  (3) Approved erosion and sediment control regulations; and

  (4) Approved erosion and sediment control plans.

B. Delegation.

  (1) The Secretary shall grant delegation of enforcement authority to a county, a municipality, or the Commission which seeks delegation and is found capable of enforcing compliance with the provisions of Regulation .09 of this chapter.

  (2) A county, a municipality, or the Commission seeking or renewing delegation of enforcement authority shall submit a written request to the Secretary on or before October 1 immediately preceding the State fiscal year for which delegation or renewal of delegation is sought.

  (3) The Secretary shall make a determination in writing regarding a delegation request on or before January 1 immediately preceding the State fiscal year for which delegation is sought.

  (4) If delegation is granted, it is effective July 1 of that calendar year and for not more than 2 years, unless renewed by the Secretary.

  (5) The Secretary may suspend delegation if a program falls below the standard of effectiveness established in Regulation .09 of this chapter. During a period of suspension, the Department shall enforce compliance in the jurisdiction.