[HISTORY: Adopted by the Board of Commissioners
of Dorchester County 2-3-2015 by Bill No. 2015-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary system construction — See Ch. 131.
Streets, roads and driveways — See Ch. 137.
Subdivision regulations — See Ch. 140.
Zoning — See Ch. 155.
[1]
Editor's Note: This bill also repealed former
Ch. 100, Grading, Erosion and Sediment Control, adopted 1-20-1976
by Ord. No. 19, as amended.
This chapter shall be known and may be cited as the "Erosion
and Sediment Control Chapter of Dorchester County."
A.
The purpose of this chapter is to protect, maintain and enhance the
public health, safety and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with accelerated soil erosion and the resultant sedimentation and
land disturbances; and to minimize soil erosion and prevent offsite
sedimentation by using soil erosion and sediment control practices
designed in accordance with the Code of Maryland Regulations (COMAR)
26.17.00, the 2011 Maryland Standards and Specifications (Standards
and Specifications) and the Stormwater Management Act of 2007 (Act).
Implementing this chapter will help reduce the negative impacts of
land development on water resources, maintain the chemical, physical,
and biological integrity of streams, and minimize damage to public
and private property.
B.
The provisions of this chapter, pursuant to the Environment Article,
Title 4, Subtitle 1, of the Annotated Code of Maryland, are adopted
under the authority of the Dorchester County Code and shall apply
to all grading occurring within the unincorporated area of Dorchester
County. The application of the chapter and the provisions expressed
herein shall be the minimum erosion and sediment control requirements
and shall not be deemed a limitation or repeal of any other powers
granted by state statute. The Dorchester County Department of Public
Works shall be responsible for the coordination and enforcement of
the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses. Such deleterious effect is or
may potentially be harmful or injurious to human health, welfare,
safety or property or to biological productivity, diversity or stability
or unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and the conservation
of related soil and water resources. Logging and timber-removal operations
may not be considered a part of this definition.
Any person, firm, or government agency that executes the
necessary forms to procure official approval of the project or a permit
to carry out the construction of a project.
The entity responsible for the review and approval of erosion
and sediment control plans. The Dorchester Soil Conservation District
shall be responsible for the review and approval of erosion and sediment
control plans.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
Any activity which removes the vegetative ground cover while
leaving the root mat intact.
The Maryland Department of the Environment.
That area contributing runoff to a single point, measured
in a horizontal plane, which is enclosed by a ridge line.
The use of small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
The process by which the land surface is worn away by the
action of wind, water, ice or gravity.
A system of structural and vegetative measures that minimize
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan to minimize
erosion and prevent off-site sedimentation.
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this chapter.
Along with the final stormwater management plan, the last
of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02. Final
erosion and sediment control plans shall be prepared and approved
in accordance with the specific requirements of the Dorchester Soil
Conservation District and this chapter and designed in accordance
with the Standards and Specifications.
To cause the disturbance of earth. This shall include but
not be limited to any excavating, filling, stockpiling of earth materials,
grubbing, root mat or topsoil disturbance, or any combination of them.
The maximum contiguous area allowed to be graded at a given
time. For the purposes of this chapter, a grading unit is 20 acres
or less.
Those soils with a slope greater than 15% or those soils
with a soil erodability factor, K, greater than 0.35 and with slopes
greater than 5%.
The Department or, if enforcement authority is delegated,
the Dorchester County Department of Public Works.
The designing of stormwater management systems so that all
reasonable opportunities for using ESD planning techniques and treatment
practices are exhausted and only where absolutely necessary is a structural
BMP implemented.
A person undertaking, or for whose benefit, activities covered
by this chapter are carried on. General contractors or subcontractors,
or both, without a proprietary interest in a project are not included
within this definition.
Any person to whom a grading permit has been issued.
Includes the federal government, the state, any county, municipal
corporation or other political subdivision of the state or any of
their units or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary or representative of any kind or any partnership,
firm, association, public or private corporation or any of their affiliates
or any other entity.
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02. A preliminary land development plan shall include the information
necessary to allow a detailed evaluation of a proposed project.
Any foreman, superintendent or project engineer who is in
charge of on-site clearing and grading operations or the implementation
and maintenance of an erosion and Sediment control plan.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity or other artificial means.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision or project.
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02 and shall include the information necessary to allow an initial
evaluation of a proposed project.
The prevention of soil movement by any of various vegetative
and/or structural means.
The "2011 Maryland Standards and Specifications for Soil
Erosion and Sediment Control" or any subsequent revisions.
Water that originates from a precipitation event.
The natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
A modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this chapter.
The total drainage area contributing runoff to a single point.
Any area that has saturated soils or periodic high groundwater
levels and vegetation adapted to wet conditions and periodic flooding.
A.
Scope. No person shall clear or grade land without implementing soil erosion and sediment controls in accordance with the requirements of this chapter and Chapter 96, Forest Conservation Standards, of this Code, except as provided within this section. An erosion and sediment control plan must be submitted to and approved by the Dorchester Soil Conservation District and a grading permit issued by the Dorchester County Department of Public Works.
B.
Exemptions are as follows:
(1)
Agricultural land management practices, provided that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period must file a declaration of intent as provided for in § 100-14 which includes:
(2)
Clearing or grading activities that disturb less than 5,000 square
feet of land area and disturb less than 100 cubic yards of earth.
(3)
Clearing or grading activities that is subject exclusively to state
approval and enforcement under state law and regulations.
C.
Variances. The Dorchester Soil Conservation District may grant a
written variance from the requirements of the Standards and Specifications
if strict adherence to the specifications will result in unnecessary
hardship and not fulfill the intent of this chapter. The developer
shall submit a written request for a variance to the Dorchester Soil
Conservation District. The request shall state the specific variances
sought and reasons for requesting the variance. The Dorchester Soil
Conservation District shall not grant a variance unless and until
sufficient specific reasons justifying the variances are provided
by the developer.
D.
The provisions of these regulations shall be held to be the minimum
requirements to meet the stated purpose and intent of these regulations.
Where the provisions of these regulations impose greater restrictions
than those of any statute, other regulations or chapter, the provisions
of these regulations shall prevail. Where the provisions of any statute,
other regulation or chapter impose greater restrictions than those
of this chapter, the provisions of such statute, regulations or chapter
shall prevail.
A.
Review and approval of erosion and sediment control plans.
(1)
A person may not clear or grade land without first having his erosion
and sediment control plan approved by the Dorchester Soil Conservation
District.
(2)
The Dorchester Soil Conservation District shall review erosion and
sediment control plans to determine compliance with this chapter and
the Standards and Specifications prior to approval. In approving the
plan, the Dorchester Soil Conservation District may impose such conditions
that may be deemed necessary to ensure compliance with the provisions
of this chapter, COMAR 26.17.00, the Standards and Specifications,
and the preservation of public health and safety.
(4)
At a minimum, a sketch plan must include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15% as well as information required under the Dorchester County Stormwater Management Code, Chapter 134. These areas are to remain undisturbed or an explanation must be included with either the sketch or preliminary land development plan describing enhanced protection strategies for these areas during construction.
(5)
A preliminary land development plan submittal must include all sketch
plan information and indicate how proposed erosion and sediment control
practices will be integrated with proposed stormwater management practices.
The latter is to be done through a narrative and an overlay plan showing
both ESD and erosion and sediment control practices. An initial sequence
of construction and proposed project phasing to achieve the grading
unit restriction should be submitted at this time.
(6)
An applicant shall submit a final erosion and sediment control plan to the Dorchester Soil Conservation District for review and approval. The plan must include all of the information required by the sketch and preliminary land development plans as well as any information in section § 100-5B not already submitted.
(7)
The Dorchester Soil Conservation District shall notify the applicant
of approval or the reasons for disapproval or modification within
30 days after submission of the completed erosion and sediment control
plan. If a decision is not made within 30 days, the Dorchester Soil
Conservation District shall inform the applicant of the status of
the review process and the anticipated completion date. The erosion
and sediment control plan shall not be considered approved without
the inclusion of the signature and date of signature of the Dorchester
Soil Conservation District on the plan.
(8)
Approved plans may remain valid for two years from the date of approval
unless renewed by the Dorchester Soil Conservation District. Solid
waste disposal sites and surface mining site plans will remain valid
for five years to coincide with their respective MDE permits.
(9)
Grandfathering of approved plans.
(a)
Any plans that receive final approval after July 1, 2015, must
be in compliance with the requirements of this chapter and the Standards
and Specifications.
(b)
A plan that receives final approval by July 1, 2015, may be
reapproved under its existing conditions if grading activities have
begun on the site by July 1, 2017, with the exception of stabilization
requirements.
(c)
Stabilization practices on all sites must be in compliance with
the requirements of this chapter and the Standards and Specifications
by July 1, 2015, regardless of when an approved erosion and sediment
control plan was approved.
B.
Contents of the erosion and sediment control plan.
(1)
The applicant is responsible for submitting an erosion and sediment
control plan which meets the requirements of the Dorchester Soil Conservation
District, this chapter, the state sediment control regulations, COMAR
26.17.00 and the 2011 Maryland Standards and Specifications for Soil
Erosion and Sediment Control. The plan shall include sufficient information
to evaluate the environmental characteristics of the affected areas,
the potential impacts of the proposed grading on water resources and
the effectiveness and acceptability of measures proposed to minimize
soil erosion and off-site sedimentation. The applicant shall certify
on the drawings that all clearing, grading, drainage, construction
and development shall be conducted in strict accordance with the plan.
(2)
At a minimum, applicants shall submit the following information:
(a)
A letter of transmittal indicating the Tax Map, parcel and/or
lot numbers and the total area of the site.
(b)
A vicinity map indicating North arrow, site location, scale
and other information necessary to easily locate the property.
(c)
Plans shall be at an appropriate scale indicating at least:
(d)
Drainage area map(s) at a one inch equals 200 feet minimum scale
showing existing, interim, and proposed topography, proposed improvements,
standard symbols for proposed sediment control features, and pertinent
drainage information including provisions to protect downstream areas
from erosion for a minimum of 200 feet downstream or to the next conveyance
system.
(e)
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes 15% and steeper, and any other sensitive areas.
(f)
A general description of the predominant soil types on the site,
as described by the appropriate soil survey information available
through the local soil conservation district or the USDA Natural Resources
Soil Conservation Service.
(g)
Proposed stormwater management practices.
(h)
The erosion and sediment control practices to minimize on-site
erosion and prevent off-site sedimentation, including:
[1]
The provisions to preserve topsoil and limit disturbance.
[2]
The details of grading practices including location, type and
phasing of grading units, if applicable.
[3]
The design details and data for all erosion and sediment control
practices.
[4]
The details of temporary and permanent stabilization measures,
including:
[a]
Placement of the following statement on the plan:
"Following the initial soil disturbance or redisturbance, permanent
or temporary stabilization shall be completed within:
[b]
Details for areas requiring accelerated stabilization; and
[c]
Maintenance requirements as defined in the Standards and Specifications;
[5]
The requirements of Subsection B(2)(h)[4][a][i] and [ii] do
not apply to those areas which are shown on the plan and are currently
being used for material storage or for those areas on which actual
construction activities are currently being performed or to the interior
areas of a surface mine site where the stabilization material would
contaminate the recoverable resource. Maintenance shall be performed
as necessary to ensure that the stabilized areas continuously meet
the appropriate requirements of the 2011 Maryland Standards and Specifications
for Soil Erosion and Sediment Control.
(i)
Details for areas requiring accelerated stabilization.
(j)
Maintenance requirements as defined in the Standards and Specifications.
(k)
The 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. Any changes or revisions to the sequence
of construction must be approved in writing by the Dorchester Soil
Conservation District prior to proceeding with construction. The sequence
of construction shall, as a minimum, include a schedule and time frame
for the following activities:
[1]
A request for a preconstruction meeting with the appropriate
enforcement authority;
[2]
Clearing and grubbing for those areas necessary for the installation
of perimeter controls.
[3]
Construction of perimeter controls.
[4]
Remaining clearing and grubbing within installed perimeter controls.
[5]
Road grading.
[6]
Grading for the remainder of the site.
[7]
Utility installation and connections to existing structures.
[8]
Construction of buildings, roads, and other construction.
[9]
Final grading, landscaping or stabilization.
[10]
Installation of stormwater management measures;
[11]
Removal of controls and stabilization of areas that are disturbed
by removal of sediment controls. Approval by the Dorchester County
Department of Public Works is required prior to removal of sediment
controls.
(l)
A statement placed on the plan indicating that the developer
shall request that the Dorchester County Department of Public Works
approve work completed in accordance with the approved erosion and
sediment control plan, the grading permit and this chapter.
[1]
On all sites with disturbed areas in excess of two acres, approval
of the inspection agency shall be requested upon completion of the
installation of perimeter erosion and sediment controls and approval
obtained before proceeding with any other earth disturbance or grading.
[2]
Approval shall be requested upon the final stabilization of
all sites with disturbed areas in excess of two acres before the removal
of controls.
(m)
A 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 certificate of training at a Maryland
Department of the Environment approved training program for the control
of sediment and erosion before beginning the project. The certificate
of training for responsible personnel requirement may be waived by
the Dorchester Soil Conservation District on any project involving
four or fewer residential units.
(n)
Any additional information or data deemed appropriate by the
Dorchester Soil Conservation District.
(o)
Certification by a professional engineer, land surveyor, landscape
architect, architect, or forester (for forest harvest operations only)
registered in the State that the plans have been designed in accordance
with erosion and sediment control laws, regulations, and standards,
if required by the Dorchester Soil Conservation District or the Administration.
C.
Modifications to erosion and sediment control plans.
(1)
The Dorchester Soil Conservation District may revise approved plans as necessary. The Dorchester County Department of Public Works may also revise or modify approved plans in accordance with § 100-7C.
(2)
Modifications may be requested by a permittee, the Dorchester County
Department of Public Works and the Dorchester County Planning and
Zoning Department.
D.
Standard erosion and sediment control plan.
(1)
The Dorchester County Soil Conservation District may adopt a standard
erosion and sediment control plan for activities with minor earth
disturbances, such as single-family residences, small commercial and
other similar building sites, minor maintenance grading, and minor
utility construction.
(2)
A standard erosion and sediment control plan must meet the requirements
of this chapter and the Standards and Specifications.
(3)
MDE shall review and approve a standard plan prior to its adoption.
A.
Permit requirements. Before a grading permit is issued by the Dorchester
County Department of Public Works or a zoning certificate (building
permit) is issued by the Dorchester County Planning and Zoning Department,
the Dorchester Soil Conservation District must review and approve
or exempt or waive an erosion and sediment control plan for the site.
B.
Permit expiration and renewal. The grading permit shall expire two
years from the date of issuance unless extended or renewed by the
Dorchester County Department of Public Works. Application for permit
renewal should be made at least two months prior to the permit expiration
date.
C.
Permit fee. A permit fee schedule may be established by the Dorchester
County Council for the administration and management of the erosion
and sediment control program. Publicly owned projects, including refuse
disposal areas, sanitary landfills and public works projects, shall
be exempt from the permit fee.
D.
Permit suspension and revocation. The Dorchester County Department
of Public Works may suspend or revoke any grading permits after providing
written notification to the permittee based on any of the following
reasons:
(1)
Any violation(s) of the terms or conditions of the approved erosion
and sediment control plan or permit.
(2)
Noncompliance with a violation notice(s) or stop-work order(s) issued.
(3)
Changes in the site characteristics upon which plan approval and
permit issuance was based.
(4)
Any violation(s) of this chapter or any rules and regulations adopted
under it.
E.
Permit conditions. In issuing the grading permit, the Dorchester
County Department of Public Works may impose such conditions thereto
as may be deemed necessary to ensure compliance with the provisions
of this chapter or the preservation of the public health and safety.
No approval, permit, variance or special exception for any property
located within the Critical Area as regulated by this chapter shall
be issued, unless the person seeking the permit, approval, variance
or special exception has:
A.
Fully paid all administrative, civil, and criminal penalties imposed
by this chapter for violation for the subject property within the
Critical Area; and
B.
Prepared a restoration or mitigation plan approved by the County
to abate impacts to water quality or natural resources as a result
of the violation for the subject property within the Critical Area;
and
C.
Performed the abatement measures in the approved plan in accordance
with the County's Critical Area Program, for the subject property,
under this chapter; and
D.
Satisfaction of all conditions specified under this section shall
be a condition precedent to the issuance of any permit, approval,
variance, or special exception for the affected property; and
E.
Unless an extension of time is appropriate because of adverse planting
conditions, within 90 days of the issuance of a permit, approval,
variance, or special exception for the affected property, any additional
mitigation required as a condition of approval for the permit, approval,
variance, or special exception shall be completed.
A.
Inspection frequency and reports.
(1)
The permittee shall maintain a copy of the approved erosion and sediment
control plan on the site.
(2)
On all sites with disturbed areas in excess of two acres, the permittee
shall request that the Dorchester County Department of Public Works
inspect the work completed, at the stages of construction specified
below, to ensure accordance with the approved erosion and sediment
control plan, the grading permit and this chapter.
(3)
Every active site having a designed erosion and sediment control
plan should be inspected for compliance with the plan on the average
of once every two weeks.
(4)
Inspectors shall prepare written reports after every inspection.
The inspection report shall describe:
B.
Right of entry. It shall be a condition of every grading permit that
the Dorchester County Department of Public Works has the right to
enter property periodically to inspect for compliance with this chapter.
C.
Modifications to erosion and sediment control plans. When inspection
of the site indicates that the approved erosion and sediment control
plan needs modification, the modification shall be made in compliance
with the erosion and sediment control criteria contained in the standards
and specifications as follows:
(1)
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 for
controlling erosion and sediment as revealed through inspection.
(2)
The inspector may approve minor modifications to approved erosion
and sediment control plans in the field if they are documented on
a field inspection report. The plan approval agency shall, in conjunction
with the inspection agency, develop a list of allowable field modifications
for use by the inspector. The Department must approve any list of
minor modifications prior to its implementation.
D.
Complaints. The Dorchester County Department of Public Works shall
receive complaints and initiate enforcement procedures when violations
are confirmed. Any complaint received shall be acted upon routinely
within seven days, and the complainant shall be notified of any action
or proposed action routinely within 10 days of the receipt of the
complaint.
A.
When the Dorchester County Department of Public Works or an inspector
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 date by which to have the violation corrected.
B.
If the violation persists after the date specified for corrective
action in the notice of violation, the Dorchester County Department
of Public Works shall stop work on the site. The Dorchester County
Department of Public Works shall determine the extent to which work
shall be stopped, which may include all work on the site except that
work necessary to correct the violation.
C.
If reasonable efforts to correct the violation are not undertaken
by the permittee, the Dorchester County Department of Public Works
shall take legal action on the violation.
D.
The Dorchester County Department of Public Works may deny the issuance
of any future permits to an applicant for related work on the site
when the Dorchester County Department of Public Works determines that
the applicant is not in compliance with the provisions of a grading
permit or an approved erosion and sediment control plan.
E.
Any step in the enforcement process may be taken at any time, depending
upon the severity of the violation.
F.
If a person is working without a permit, the Dorchester County Department
of Public Works shall stop work on the site, except activity necessary
to provide erosion and sediment control.
A.
Any person aggrieved by the action of any official charged with the
enforcement of this chapter, as the result of the disapproval of a
properly filed application for a permit, the issuance of a written
notice of violation or an alleged failure to properly enforce this
chapter in regard to a specific application, shall have the right
to appeal the action to the three-member committee consisting of the
Dorchester County Department of Public Works, the Dorchester Soil
Conservation District and the Dorchester County Planning and Zoning
Department. The appeal shall be filed, in writing, within 30 days
of the date of official transmittal of the final decision or determination
to the applicant and shall state clearly the grounds on which the
appeal is based.
B.
Any person aggrieved by the final action of the three-member committee,
consisting of the Dorchester County Department of Public Works, the
Dorchester Soil Conservation District and the Dorchester County Planning
and Zoning Department, may further appeal the action within 15 days
after said action to the Circuit Court for Dorchester County in accordance
with Title 7, Chapter 200, "Judicial Review of Administrative Agency
Decisions," of the Maryland Rules of Procedure.
If any portion, section, subsection, sentence, clause or phrase
of this chapter is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion of this chapter,
it being the intent of the County Council of Dorchester County that
this chapter shall stand notwithstanding the invalidity of any portion,
section, subsection, sentence, clause or phrase hereof.
A.
Any person who violates any provision of this chapter is guilty of
a misdemeanor and, upon conviction in a court of competent jurisdiction,
is subject to a fine not exceeding $10,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court. Each day upon which the violation occurs constitutes
a separate offense.
B.
Any agency whose approval is required under this chapter or any interested
person may seek an injunction against any person who violates or threatens
to violate any provision of this chapter.
C.
Additional penalties.
(1)
In addition to any other sanction under this chapter, a person who
fails to install or to maintain erosion and sediment control in accordance
with an approved plan shall be liable to the County Council of Dorchester
County or the state, in a civil action, for damages in an amount equal
to double the cost of installing or maintaining the controls and correcting
damages caused by the violations.
(2)
Any governing authority that recovers damages in accordance with
this subsection shall deposit them in a special fund, to be used solely
for:
A.
Intent. It is the intent of this section to provide, as authorized
by the Natural Resources Article of the Annotated Code of Maryland,
§ 5-1601 et seq., necessary development controls to protect
and enhance the existing forest resources of Dorchester County.
B.
Interpretation. The provisions in this section are in addition to other regulations of this chapter. In all cases of conflicting requirements, the provisions which represent the greatest restriction shall govern. Various other requirements are also applicable, including but not limited to Chapter 96, Forest Conservation Standards, of the Dorchester County Code and Chapter 140, Subdivision Regulations, Article XIII, Forest Conservation Protection, of the Dorchester County Code.
C.
AFFORESTATION
(1)
(2)
(3)
AGRICULTURAL AND RESOURCE AREAS
CRITICAL AREA
DECLARATION OF INTENT
DEPARTMENT
DORCHESTER COUNTY FOREST CONSERVATION TECHNICAL MANUAL
FOREST
FOREST CONSERVATION THRESHOLD
FOREST STAND DELINEATION
MAINTENANCE AGREEMENT
NET TRACT AREA
(1)
(2)
PERSON
PRIORITY FUNDING AREA
PUBLIC UTILITY
REFORESTATION
(1)
(2)
STREAM RESTORATION PROJECT
(1)
(2)
(3)
(4)
TREE
Definitions. The following definitions shall be used for the purpose
of interpreting and applying this section:
Establishment of a forest on an area from which forest cover
has been absent for a long period of time;
Planting of open areas which are not presently in forest cover;
or
Establishment of a forest according to procedures set forth
in the Dorchester County Forest Conservation Technical Manual.
Those areas of Dorchester County with the following zoning
classifications as identified on the official Dorchester County Zoning
Map(s): Conservation District (C); Resource Conservation District
(RC); and Resource Conservation Area (RCA).
All waters of and lands under the Chesapeake Bay and its
tributaries to the head of tide, all state and private tidal wetlands
and all land and water areas within 1,000 feet of the landward boundary
of heads of tides and state or private tidal wetlands, as modified
pursuant to Natural Resources Article, § 8-1807, Annotated
Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property:
The Dorchester County Department of Public Works.
The Forest Conservation Manual - Guidance for the Conservation
of Maryland's Forests During Land Use Changes Under the 1991 Forest
Conservation Act, dated December 31, 1991. The term shall also apply
to any amendment of the manual or any locally authored manual which
supersedes the state manual.
The percentage of the net tract area at which the reforestation
requirement changes from a ratio of 1/4 acre planted for each acre
removed above the threshold to a ratio of two acres planted for each
acre removed below the threshold.
The methodology for evaluating the existing vegetation on
a site proposed for grading, as provided in the Dorchester County
Forest Conservation Technical Manual, incorporated herein by reference.
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resources Article, § 5-1605,
Annotated Code of Maryland, and this section.
Except in agricultural and resource areas, the total area of
a parcel, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by the area to be found within the Critical Area,
and the incorporated limits of any municipality, unless the municipality
has assigned authority to the county.
In agricultural and resource areas, the part of the total tract
for which land use will be changed or will no longer be used for primary
agricultural activities, reduced by the area to be found within the
Critical Area, and the incorporated limits of any municipality, unless
the municipality has assigned authority to the county.
The federal government, state, county, municipal corporation
or other political subdivision of the state or any of their units,
or an individual, receiver, trustee, guardian, executor, administrator,
fiduciary or representative of any kind, or any partnership, firm,
association, public or private corporation or any other their affiliates,
or any other entity.
An area designated as a priority funding area under § 5-7b-02
of the State Finance and Procurement Article.
Any:
The creation of a biological community dominated by trees and
other woody plants containing at least 100 live trees per acre, with
at least 50% of those trees having the potential of attaining a two-inch
or greater diameter measured at 4.5 feet above the ground within seven
years; or
Establishment of a forest according to procedures set forth
in the Dorchester County Forest Conservation Technical Manual.
An activity that:
Is designed to stabilize stream banks or enhance stream function
or habitat located within an existing stream, waterway, or floodplain;
Avoids and minimizes impacts to forests and provides for replanting
on-site an equivalent number of trees to the number removed by the
project;
May be performed under a municipal separate storm sewer system
permit, a watershed implementation plan growth offset, or another
plan administered by the state or local government to achieve or maintain
water quality standards; and
Is not performed to satisfy stormwater management, wetlands
mitigation, or any other regulatory requirement associated with proposed
development activity.
A large woody plant that reaches a height of at least 20
feet at maturity, having one or several self-supporting stems or trunks
and numerous branches.
D.
Exemptions.
(1)
Grading and sediment control activities which are entirely located in the Critical Area and are subject to § 100-13.
(2)
Grading and sediment control activities which are entirely located
within the limits of a municipality, unless such requirements under
Natural Resources Article, § 5-1601 et seq., Annotated Code
of Maryland are assigned to and accepted by the County.
(3)
Commercial logging and timber harvesting operations, including harvesting
resources conducted subject to the forest conservation and management
program under Tax-Property Article, § 8-211, Annotated Code
of Maryland, that are completed:
(a)
Before July 1, 1991; or
(5)
A residential construction activity conducted on an existing single
lot of any size if the activity:
(6)
A final site plan or a grading or sediment control plan approved
before the effective date of this section.
(9)
An activity on a previously developed area covered by impervious
surface and located in a priority funding area.
(10)
Maintenance or retrofitting of a stormwater management structure
that may include clearing of vegetation or removal and trimming of
trees, so long as the maintenance or retrofitting is within the original
limits of disturbance for construction of the existing structure,
or within any maintenance easement for access to the structure.
(11)
A stream restoration project, as defined in Subsection C of this section, for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least five years with the affected property owner or owners.
(12)
An activity required for the purpose of constructing a dwelling
intended for the use of the owner, or a child of the owner, if the
activity:
(a)
Does not result in the cutting, clearing, or grading of more
than 20,000 square feet of forest; and
(13)
Noncoal surface mining regulated under environment Article,
Title 15, Subtitle 8, Annotated Code of Maryland;
(14)
Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person who is engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption unless the person files a declaration of intent as provided for in Subsection E of this section which includes:
(15)
The cutting or clearing of public utility rights-of-way licensed
under Public Utilities Article, §§ 7-207 and 7-208
or § 7-205, Annotated Code of Maryland, or land for electric
generating stations licensed under Public Utilities Article, §§ 7-207
and 7-208 or § 7-205, Annotated Code of Maryland if:
E.
Declaration of intent.
(1)
The declaration of intent is effective for five years.
(2)
The existence of a declaration of intent does not preclude another
exempted activity on the property subject to a declaration of intent,
if the activity:
(3)
If a regulated activity on the area covered by the declaration of
intent occurs within five years of the effective date of the declaration
of intent:
(4)
An applicant may apply for a regulated activity on that area of the
property not covered under the declaration of intent if the requirements
of this section are satisfied.
(5)
The Department may require a person failing to file a declaration
of intent or found in noncompliance with a declaration of intent,
at the discrimination of the Department, to:
(a)
Meet the retention, afforestation and reforestation requirements established in Chapter 96, Forest Conservation Standards, of this Code;
(b)
Pay a noncompliance fee of $0.30 per square foot of forest cut
or cleared under the declaration of intent;
(c)
Be subject to other enforcement actions appropriate under Natural
Resources Article, §§ 5-1601 through 5-1612, Annotated
Code of Maryland and this section; or
(d)
File a declaration of intent with the Department.
(6)
In its determination of appropriate enforcement action, the Department
may consider whether failure to file a declaration of intent by a
person required to file is a knowing violation of this section.
F.
General requirements.
(1)
A person making application for a grading permit after the effective date of this section on an area of land of 40,000 square feet or greater, unless specifically exempted under Subsection D, shall:
(a)
Submit to the Department a forest stand delineation and forest conservation plan for the lot or parcel on which the grading activity is located, in accordance with Chapter 96, Forest Conservation Standards, of the Dorchester County Code; and
(b)
Use methods as provided in the Dorchester County Forest Conservation
Technical Manual to protect and retain forests and trees during construction.
(2)
If a local agency or person using state funds makes application for
grading and erosion control, the following applies:
(a)
The application for a grading permit shall be submitted to the
Department, which shall notify the Department of Natural Resources
within seven days of receipt of the application.
(b)
The Department may not approve an application until it receives
notice from the Department of Natural Resources that the standards
and requirements of the state have been satisfied.
(3)
Forest stand delineation. A forest stand delineation prepared in the manner prescribed by Chapter 96, Forest Conservation Standards, of this Code shall be submitted with any grading and sediment control application not exempt under Subsection D. This delineation will be prepared for an entire lot or parcel, when more than 50% of the parcel is affected by the proposed development. When less than 50% of the parcel is affected, delineation may be on only that portion affected by the development.
(4)
Forest conservation plan.
(b)
For disturbance of forest less than five acres, the applicant
may submit a forest stand delineation and a forest conservation plan
together.
(c)
The Department's review of a final forest conservation plan
shall be concurrent with the review of the final grading and sediment
and erosion control plan.
(d)
The Department may revoke an approved forest conservation plan
if it finds that:
[1]
A provision of the plan has been violated;
[2]
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement or omission of a relevant or material
fact; or
[3]
Changes in the development or in the condition of the site necessitate
preparation of a new or amended plan.
(e)
Before revoking approval of a forest conservation plan, the
Department shall notify the violator in writing.
(5)
Afforestation and retention.
(a)
A person making application for a grading permit after the effective date of this section on an area of land of 40,000 square feet or greater, unless specifically exempted under Subsection D, shall conduct afforestation in accordance with the following:
[1]
In agricultural and resources areas, if the net tract area has
less than 20% forest cover, the net tract area shall be afforested
up to at least 20%.
[2]
In areas other than agricultural and resource areas, if the
net tract area has less than 15% forest cover, the net tract area
shall be afforested up to at least 15%.
|
Zoning District
|
Percentage Threshold
|
|---|---|
|
AC
|
50
|
|
AC-RCA
|
50
|
|
RC
|
50
|
|
RR-C
|
50
|
|
RR-RCA
|
50
|
|
SR-RCA
|
50
|
|
RR
|
25
|
|
SR
|
20
|
|
V
|
15
|
|
B-1
|
15
|
|
B-2
|
15
|
|
I-1
|
15
|
|
I-2
|
15
|
[3]
The required afforestation level shall be determined by the
amount of forest existing on the net tract area before cutting or
clearing begins. Existing forest cut or cleared below the afforested
levels stated above shall be reforested or afforested at a two-to-one
ratio and added to the amount of afforestation necessary to reach
the minimum required afforestation level.
(b)
Those trees, shrubs and plants and specific areas identified in Chapter 96, Forest Conservation Standards, of the Dorchester County Code as priority areas for retention and protection shall be left in an undisturbed condition unless the applicant can demonstrate to the Department that reasonable efforts have been made to protect them.
(6)
Reforestation.
(a)
After reasonable efforts to minimize the cutting or clearing
of trees have been exhausted in the grading or sediment or control
plan, the forest conservation plan shall provide for:
(b)
The forest conservation threshold shall be as follows:
[1]
For all existing forest cover measured to the nearest 1/10 acre
cleared on the net tract area above the applicable forest conservation
threshold, the area of forest removed shall be reforested at a ratio
of 1/4 acre planted for each acre removed.
[2]
Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection F(6)(b)[1] of this section. The calculation of the credit shall be according to the criteria provided in the Dorchester County Forest Conservation Technical Manual.
[3]
For all existing forest cover measured to the nearest 1/10 acre
cleared on the net tract area below the applicable forest conservation
threshold, the area of forest removed shall be reforested at the ratio
of two acres planted for each acre removed.
(7)
Land partially located within the Critical Area.
(a)
When a portion of land proposed for grading, erosion and sediment
control is located within the Critical Area, the applicant may conduct
some or all of the afforestation or reforestation required by this
section on that portion of the parcel located within the Critical
Area.
(b)
For purposes of calculating the minimum afforestation or reforestation
requirements of this section, the applicant may consider the entire
acreage of the parcel, including land within the Critical Area, rather
than only the area being proposed for grading or sediment and erosion
control. In such an instance, the term "net tract area" shall be construed
to mean the entire parcel.
(c)
The requirements for afforestation or reforestation in this
subsection shall be construed to be considered in addition to, rather
than in lieu of, any requirements for afforestation or reforestation
pursuant to the Dorchester County Critical Area Protection Program
and attendant ordinances.
G.
Variances.
(1)
A person may request a variance from this section in the same manner as provided for in § 100-4 of this chapter.
(2)
In addition, the applicant for a variance will:
(a)
Describe the special conditions peculiar to the property which
would cause the unwarranted hardship;
(b)
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas;
(c)
Verify that the granting of the variance will not confer on
the applicant a special privilege that would be denied to other applicants;
(d)
Verify that the variance request is not based on conditions
or circumstances which are the result of actions by the applicant;
(e)
Verify that the request does not arise from a condition relating
to land or building use, either permitted or nonconforming, on a neighboring
property; and
(f)
Verify that the granting of a variance will not adversely affect
water quality.
(3)
The Dorchester Soil Conservation District shall make findings that
the applicant has met the requirements in this section before it may
grant a variance.
(4)
The Department shall provide copies of the application for a variance
to the Department of Natural Resources within 15 days after receipt
from the applicant.
(5)
There is established by this section the right and authority of the
Department of Natural Resources to initiate or intervene in an administrative,
judicial or other original proceedings or appeal in the state concerning
an approval of a variance under National Resources Article, § 5-1601
et seq., Annotated Code of Maryland or this section.
H.
Violations and penalties.
(1)
The enforcement provisions in this section are in addition to any
other provisions in this chapter.
(2)
The Department may issue a stop-work order against a person who violates
a provision of this section or a regulation, order, approved forest
conservation plan or maintenance agreement.
(3)
A person found to be in noncompliance under this section, the forest
conservation plan or maintenance agreement may be assessed by the
Department the penalty of $0.30 per square foot of the area found
to be in noncompliance. Moneys collected under this section shall
be deposited in the Forest Conservation Fund and may be used by the
Department for purposes related to implementing this section.
(4)
The Department may seek an injunction requiring the person to cease
violation of this section and take corrective action to restore or
reforest an area.
(5)
Any person or persons found guilty of a violation of any of the provisions
of this section shall be deemed guilty of a misdemeanor and shall,
upon conviction thereof, be fined not more than $1,000 or be imprisoned
for not more than 30 days, or both. Each and every day such violation
occurs shall be considered a separate offense.
I.
Fees and charges. The County Council shall establish a schedule of
fees, charges and expense and a collection procedure for the review
and approval of the forest stand delineation, forest conservation
plan and review of other plans or agreements as required by this section.
This fee will provide for the cost of plan review, administration
and management of the plan approval process and inspection and monitoring
of all projects subject to this section. Recording fees, if required
by filing a declaration of intent or long-term protective agreement,
will be considered extra. Such schedule shall be posted in the Department
and may be altered or amended, from time to time, without a public
hearing, only by the County Council upon the recommendation of the
Department or the Dorchester Soil Conservation District.
