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Queen Annes County, MD
 
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Table of Contents
Table of Contents
Code
New Laws (4) Index
Public Documents
Minutes (2621)
In this Chapter 14:2 the following words have the meanings indicated:
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including an effect on their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses that:
A. 
Is or may potentially be harmful or injurious to human health, welfare, safety, or property, or to biological productivity, diversity, or stability; or
B. 
Unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
A. 
Those methods and procedures used in cultivating land to further crop and livestock production and conservation of related soil and water resources.
B. 
"Agricultural land management practices" does not include logging and timber removal operations.
APPLICANT
Any person who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
CLEAR
Any activity that removes the vegetative ground cover.
DEPARTMENT
The Department of the Environment.
DEVELOPER
A. 
A person:
(1) 
Who undertakes any or all the activities covered by this Chapter 14:2; or
(2) 
For whose benefit any or all of the activities covered by this Chapter 14:2 are commenced or carried on.
B. 
"Developer" does not include a general contractor or subcontractor who does not have a proprietary interest in a project.
DRAINAGE AREA
That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline.
EROSION
The process by which the land surface is worn away by the action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL
A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
EROSION AND SEDIMENT CONTROL PLAN
An erosion and sediment control strategy or plan:
A. 
To minimize erosion and prevent off-site sedimentation by:
(1) 
Containing sediment on-site; or
(2) 
Passing sediment laden runoff through a sediment control measure.
B. 
Prepared and approved in accordance with the specific requirements of the Soil Conservation Service and this Chapter 14:2; and
C. 
Designed in accordance with the Standards and Specifications.
EXEMPTION
Those land development activities that are not subject to the erosion and sediment control requirements contained in this Chapter 14:2.
GRADE
A. 
To cause disturbance of the earth.
B. 
Includes but is not limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of these activities.
PERMIT HOLDER
Any person to whom a building or grading permit has been issued.
PERSON
Includes:
A. 
The federal government;
B. 
The state;
C. 
Any County, municipal corporation, or other political subdivision of the state, or any of their units;
D. 
An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;
E. 
Any partnership, firm, association, public or private corporation, or any of their affiliates; or
F. 
Any other entity.
RESPONSIBLE PERSONNEL
Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with earth changes or disturbances.
SEDIMENT
Soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or other artificial means.
SITE
Any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land:
A. 
That are in one ownership, or are contiguous and in diverse ownership; and
B. 
Where development is to be performed as part of a unit, subdivision, or project.
STABILIZATION
The prevention of soil movement by any of various vegetative or structural means.
STANDARDS AND SPECIFICATIONS
The 1991 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions.
VARIANCE
Modification of the criteria set forth in the Standards and Specifications.
WATERCOURSE
A. 
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash.
B. 
Includes any adjacent area that is subject to inundation by reason of overflow of floodwater.
WATERSHED
The total drainage area contributing runoff to a single point.
WETLANDS
Any area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding.
A. 
Purpose.
(1) 
The purpose of this Chapter 14:2 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 resultant sedimentation.
(2) 
Minimizing soil erosion and off-site sedimentation will:
(a) 
Minimize damage to public and private property; and
(b) 
Assist in the attainment and maintenance of water quality standards.
B. 
Authority. The provisions of this Chapter 14:2, pursuant to Title 4, Subtitle 1 of the Environment Article of the Annotated Code of Maryland, are adopted under the authority of the Code of Public Local Laws of Queen Anne's County.
A. 
Scope.
(1) 
Except as provided in this section, this Chapter 14:2 applies to all grading occurring within the unincorporated area of Queen Anne's County.
(2) 
Except as provided in this section, a person may not clear or grade land without implementing soil erosion and sediment controls in accordance with this Chapter 14:2.
B. 
Exemptions. This Chapter 14:2 does not apply to:
(1) 
Agricultural land management practices and construction of agricultural structures;
(2) 
Single-family residences or their accessory buildings on lots of two acres or more;
(3) 
Clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; or
(4) 
Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.
C. 
Variances.
(1) 
The Soil Conservation Service may grant a written variance from the requirements of the Standards and Specifications if strict adherence to the requirements will result in unnecessary hardship and not fulfill the intent of this Chapter 14:2.
(2) 
To obtain a variance, a developer shall submit a written request for a variance to the Soil Conservation Service.
(3) 
The request shall state the specific variance sought and reasons for requesting the variance.
(4) 
The Soil Conservation Service may not grant a variance unless the developer provides sufficient specific reasons justifying the variance.
D. 
Minimum requirements. The requirements of this Chapter 14:2 are the minimum erosion and sediment control requirements and may not be deemed a limitation or repeal of any other powers granted by state statute.