Md. Code Regs. 26.17.01.08

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.17.01.08 - Approval or Denial of Erosion and Sediment Control Plans

A. Review of Plans.

(1) The approval authority shall review and approve an erosion and sediment control plan in accordance with the criteria contained in the "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control."

(2) The approval authority shall assess the adequacy of the proposed erosion and sediment control measures to minimize erosion and keep sediment on site.

(3) When appropriate, an on-site evaluation shall be conducted as part of the review process in order to provide proper consideration of existing conditions and proposed control measures.

B. The approval authority reserves the right to deny approval or impose conditions necessary to prevent:

(1) A nuisance or dangerous condition;

(2) Sediment pollution; or

(3) Adverse impacts to public safety and welfare.

C. The approval authority may withhold approval when it determines that:

(1) An owner/developer has not complied with the provisions of an outstanding order; or

(2) There is a violation of the terms of an existing:

(a) Grading permit;

(b) Building permit; or

(c) Erosion and sediment control plan or related approval, permit, or license.

D. In jurisdictions that are not delegated, the approval authority shall forward one copy of each approved plan to the Administration upon plan approval.

E. For plans approved by the Administration:

(1) Approved plans will be stamped approved;

(2) The Administration shall send a letter of approval to the owner/developer; and

(3) A copy of the approved plan will be kept by the Administration.

F. Expiration of Approved Erosion and Sediment Control Plans.

(1) Approved erosion and sediment control plans remain valid for 3 years from the date of approval, except surface mines and landfill plans, which remain valid for 5 years from the date of approval.

(2) Erosion and sediment control plan approvals may be extended or renewed by the approval authority.

G. Grandfathering of approved plans.

(1) This chapter applies to all projects that do not have final approval for erosion and sediment control plans by January 9, 2013.

(2) A plan that has received final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.

(3) Stabilization practices on all projects must be in compliance with the requirements of this chapter by January 9, 2013, regardless of when an erosion and sediment control plan was approved.

Md. Code Regs. 26.17.01.08

Regulation .08A amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
Regulations .08 amended effective December 17, 1984 (11:25 Md. R. 2130)
Regulation .08A-1_D recodified to Regulation .09B_E
Regulation .08F amended effective September 25, 1995 (22:19 Md. R. 1474); amended effective 44:9 Md. R. 438, eff. 5/8/2017