Allegany County Unincorporated
City Zoning Code

Purpose. This Part 2 is adopted to establish measures and requirements to control soil erosion and sedimentation and to establish procedures by which these requirements and measures are to be administered and enforced. The purpose of this Part 2 is to safeguard the natural resources of the County and prevent damage to public and private property by establishing minimum requirements for control of grading and earthmoving.

Authority. This Part 2 is adopted under authority of and in compliance with Title 4, Environmental Article, Subtitle 1, of the Annotated Code of Maryland.

Jurisdiction. This Part 2 shall apply to the unincorporated area of Allegany County and any municipality which may enter into an agreement with the County to enforce sediment and erosion control regulations within municipal boundaries.

Applicability. Any person or entity proposing to do any development which includes grading must first obtain a permit for that development from the local permitting agency and must comply with all provisions of this Part 2.

Any violation of this Part 2 will be deemed a misdemeanor, and the person, corporation or other entity found guilty of such a violation shall be subject to a fine of no more than $5,000 and, upon conviction of the misdemeanor offense, is subject to one year of imprisonment.

Each day the violation continues may be deemed a separate offense. In addition to any other sanction under this Part 2, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to Allegany County or the state in a civil action, for damages in an amount up to double the cost of installing or maintaining the controls.

As an alternative, the County may pursue civil fines or penalties to ensure compliance with this Part 2 and may institute injunction, mandamus or other appropriate action or proceeding at law or equity for the enforcement of violations or to correct violations, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.

This Part 2 is hereby enacted and shall become effective June 10, 1992, and shall replace any previously adopted Sediment and Erosion Control Ordinance.

This Part 2 shall be amended as required by the Maryland Department of the Environment in compliance with Title 4, Subtitle 1, Environment Article, of the Annotated Code of Maryland.

General procedure. Prior to the start of any land development or construction within the unincorporated area of Allegany County, including subdivision, building construction, grading, clearing, filling or other earth or contour change, including surface mining, gob pile removal and borrow pits, an individual, firm, corporation, agency or other entity must first make application to the Allegany County Planning and Zoning Commission for a land use permit (grading permit). This permit must be in conformance with Part 4, Zoning, and Part 1, Subdivision Regulations, of this chapter.

Surface mining projects will be regulated and monitored by the State Bureau of Mines and/or the Water Resources Administration following the approval of the Soil Conservation District and the other reviewing agencies and the issuance of the County land use permit.

The following activities are exempt from the provisions of this Part 2:

Additional exemptions.

Any application for a single-family dwelling in an approved major subdivision, approved minor subdivision or lot of record, or for any other development on a lot which does not result in the movement of more than 250 cubic yards of earth, or disturb 20,000 square feet of surface area, or which is more than 50 feet from the bank of any stream having a basin of more than 400 acres or which is more than 25 feet from the center line of any other natural or artificial drainageway in Allegany County; shall be accompanied by a standard plan signed by the applicant. This plan shall be prepared according to the guidelines set forth in Article XI. This plan may be prepared in conjunction with a minor plan for stormwater management and, where applicable, may be part of a site plan prepared according to the standards of Part 4, Zoning, of this chapter or a subdivision plat.

The Soil Conservation District with the advice of the County Engineer may require the preparation of a major plan in place of a standard plan where field conditions are such that a standard plan would be insufficient to control sediment.

The Soil Conservation District, with the consent of the County Engineer, may allow the use of a minor plan in place of a major plan for erosion or sediment control in areas where field conditions are such that a minor plan is sufficient to control erosion and sediment.

Waivers can only be granted when the applicant provides written documentation that conclusively show that the proposed development can meet the standards and specifications for soil erosion and sediment control as set forth by the Department of the Environment and that the development will have no adverse impact on downslope properties.

Any waiver which is granted does not relieve the applicant or developer from meeting County stormwater management requirements and other land use regulations.

A person may not clear or grade land without first obtaining an erosion and sediment control plan approved through the following procedure:

In approving the plan, the Soil Conservation District may impose such conditions thereto as may be deemed necessary to endure compliance with the provisions of this Part 2, the State Sediment Control Regulations, COMAR 26.17.01, the Standards and Specifications or the preservation of public health and safety.[1]

Upon notification of approval by the reviewing agencies, and after approval of the erosion and sediment control plan by the Soil Conservation District, the local permitting official will issue the appropriate permit, provided that all other land use code requirements and ordinances have been met.

Approved plans remain valid for one year from the date of approval unless a written request for an extension is submitted and approved by the approving agencies.

The local permitting official reserves the right to require a performance bond to guarantee completion of any approved sediment control measures with the advice of the Soil Conservation District and the County Engineer who will set the amount of bonding necessary. Following completion of construction activity and final approval by the Soil Conservation District, the bond will be released.

Bonding may be combined with stormwater management measures or subdivision improvements, where applicable.

The permittee shall maintain a copy of the approved erosion and sediment control plan on site.

On all sites with disturbed areas in excess of two acres, the permittee shall request that the County Planning Commission inspect work completed at the stages of construction specified below to ensure accordance with the approved erosion and sediment control plan, the grading or building permit and this Part 2:

Every active site having designed erosion and sediment control plan should be inspected for compliance with the plan on the average once every two weeks.

Inspectors shall prepare written reports after every inspection. The inspection report shall describe:

The County Planning Commission shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing:

The permittee shall submit requests for major modifications to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the plan approval agency to be processed appropriately. This processing includes modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection.

The inspectors may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report. The plan approval agencies shall, in conjunction with the local permitting official, develop a list of allowable field modifications for use by the inspector.

When the County determines that a violation of the approved erosion and sediment control plan has occurred, the inspector shall notify the on-site personnel or the permittee in writing of the violation, describe the required corrective action and the time period in which to have the violation corrected.

If the violation persists after the date specified for corrective action in the notice of violation, the County shall stop work on the site. The County shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.

If reasonable efforts to correct the violation are not undertaken by the permittee, the County shall refer the violation for legal action.

The County may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.

Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

If a person is working without a permit, the County shall stop work on the site except activity necessary to provide erosion and sediment control.

All finished grading shall match as closely as possible the natural contour of adjacent undisturbed land. Finished slopes in unconsolidated materials should not exceed a ratio of 2:1, horizontal to vertical. Where bedrock is exposed, a slope ratio of 1:1 should not be exceeded. The Soil Conservation District may vary these slope standards, depending on soil or rock type and condition.

All lots intended for building sites should have a building site where the natural contour, before grading, is less than 25% in grade. Slopes with grades steeper than this percentage may be counted as part of the lot area, but are not to be used as part of the building site. The Zoning Administrator may vary this slope standard with the consent of the Soil Conservation District, depending on slope stability, soil and rock type and condition.

Sediment and erosion control plans will be designed according to the State Sediment Control Regulations, COMAR 26.27.01 and the criteria set forth in Standards and Specifications for Soil Erosion and Sediment Control published by the Maryland Department of the Environment and available in the Allegany County Soil Conservation District office.

Minor plans for sediment and erosion control will be prepared according to the standard site plan criteria in § 360-99, Part 4, Zoning, on a worksheet provided by the Planning Commission and signed by the applicant or his agent. This plan will include a plan view of the site and will show the following:

The Soil Conservation District will provide advice to the applicant as necessary during the preparation of this plan.

A vicinity sketch indicating North arrow, scale and other information necessary to easily locate the property.

The name, address and telephone number of the owner of the property where the grading is proposed along with the applicant's name and telephone number and the developer's name and telephone number if different from the owner.

The location and size of buildings.

The existing and proposed topography.

The proposed grading and earth disturbance, including:

Storm drainage provisions, including:

Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including:

Sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. The sequence of construction shall, as a minimum, include a schedule and time frame for the following activities:

A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the Soil Conservation District from the United States Soil Conservation Service.

A statement placed on the plan indicating that the developer shall request that the County approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit and this Part 2.

Certification by the owner or developer that any clearing, grading, construction or development, or all of these, will be done pursuant to this plan and that responsible personnel involved in the construction project will have a certification of training at a Maryland Department of the Environment approved training program for the control of sediment and erosion beginning the project. The certification of training for responsible personnel requirement may be waived by the Soil Conservation District on any residential project involving four or fewer residential units.

Any additional information or data deemed appropriate by the Soil Conservation District.