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 land disturbances. The goal is to minimize soil erosion and prevent
off-site sedimentation by using soil erosion and sediment control
practices designed in accordance with the Code of Maryland (COMAR)
26.17.01, the 2011 Maryland Standards and Specifications (Standards
and Specifications) and the Stormwater Management Act of 2007 (Act).[1] 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.
[1]
Editor's Note: See the Environmental Article of the Annotated
Code of Maryland, § 4-201 et seq.
B.
The provisions of this chapter pursuant to Title 4, Environmental
Article, Subtitle 1, Annotated Code of Maryland, are adopted under
the authority of Wicomico County, Maryland and shall apply to all
land grading occurring within the unincorporated area of Wicomico
County, Maryland. The application of this 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 Wicomico County Soil Conservation
District shall be responsible for the coordination and enforcement
of the provisions of this chapter. This chapter applies to all new
and redevelopment projects that have not received final approval for
erosion and sediment control and stormwater management plans by the
date of adoption of this chapter.
The following definitions are provided for the terms used in
this chapter:
The Maryland Department of Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics,
or usefulness for human or natural uses, which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
biological productivity, diversity, or stability or that 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 conservation
of related soil and water resources. Logging and timber removal operations
are not to be considered a part of this definition.
Any person, firm, or government agency that executes the
necessary forms to apply for an approval to carry out construction
of a project.
An approved erosion and sediment control plan.
The entity 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.
To remove the vegetative ground cover while leaving the root
mat intact.
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 the proposed project.
The Maryland Department of the Environment.
That area contributing runoff to a single point measured
in a horizontal plane that is enclosed by a ridge line.
Using 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, gravity or other artificial means.
A system of structural and vegetative measures that minimizes
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan designed
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 Maryland Department
of the Environment and this chapter and designed in accordance with
the Standards and Specifications.
To disturb the earth by, including but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
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 Administration, or its delegated enforcement authority.
Designing stormwater management systems so that all responsible
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.
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.
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 artificial means.
Any tract, lot, or parcel of land, or combination of tracts,
lots or parcels of land that 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 second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02. A site development plan shall include the information necessary
to allow a detailed evaluation of a proposed project.
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, other vegetative measures,
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.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
evaporates, absorbs, or discharges from a site.
The 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.
