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Queen Annes County, MD
 
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Table of Contents
Table of Contents
Code
New Laws (4) Index
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Minutes (2621)
The Queen Anne's County Department of Planning and Zoning shall coordinate and enforce this Chapter 14:2.
The permit holder shall maintain a copy of the approved erosion and sediment control plan on site.
As a condition of every grading or building permit, the Queen Anne's County Department of Planning and Zoning may enter property periodically to inspect for compliance with this Chapter 14:2.
A. 
When inspections required.
(1) 
On all sites with disturbed areas in excess of two acres, the permit holder shall request that the Queen Anne's County Department of Planning and Zoning 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 Chapter 14:2:
(a) 
On completion of installation of perimeter erosion and sediment controls, before proceeding with any other earth disturbance or grading; and
(b) 
On final stabilization before the removal of sediment controls.
(2) 
Other building or grading inspection approvals may not be authorized until initial approval by the inspection agency is made.
B. 
Average frequency of inspections. 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.
A. 
Required. Inspectors shall prepare written reports after every inspection.
B. 
Contents. The inspection report shall describe:
(1) 
The date and location of the site inspection;
(2) 
Whether or not the approved plan has been properly implemented and maintained;
(3) 
Any practice deficiencies or erosion and sediment control plan deficiencies; and
(4) 
If a violation exists, the type of enforcement action taken.
The Queen Anne's County Department of Planning and Zoning shall notify the on-site personnel or the owner or developer in writing when violations are observed, describing:
A. 
The nature of the violation;
B. 
The required corrective action; and
C. 
The time period in which the violation must be corrected.
A. 
In general. When inspection of the site indicates 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 in accordance with this section.
B. 
Major modifications.
(1) 
The permit holder shall submit requests for major modifications to approved erosion and sediment control plans to the plan approval agency to be processed appropriately.
(2) 
Major modifications required to be submitted to the plan approval agency include:
(a) 
The addition or deletion of a sediment basin; and
(b) 
Modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection.
C. 
Minor modifications.
(1) 
The inspector may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report.
(2) 
The plan approval agency shall, in conjunction with the inspection agency, develop a list of allowable field modifications for use by the inspector.
A. 
Receipt. The Queen Anne's County Department of Planning and Zoning shall receive complaints and initiate enforcement procedures when violations are confirmed.
B. 
Action on complaint. Any complaint received shall be acted on routinely within three days, and the complainant shall be notified of any action or proposed action routinely within seven days of receipt of the complaint.
A. 
Notice of violation. When the Queen Anne's County Department of Planning and Zoning or an inspector determines that a violation of an approved erosion and sediment control plan has occurred, the inspector shall:
(1) 
Notify the on-site personnel or the permit holder in writing of the violation; and
(2) 
Describe the required corrective action and the time period in which to have the violation corrected.
B. 
Failure to correct violation; stoppage of work.
(1) 
If the violation persists after the date specified for corrective action in the notice of violation, the Queen Anne's County Department of Planning and Zoning shall order work on the site stopped.
(2) 
The Queen Anne's County Department of Planning and Zoning shall determine the extent to which work is stopped, which may include all work on the site except the work necessary to correct the violation.
C. 
Referral for legal action. If reasonable efforts to correct the violation are not undertaken by the permit holder, the Queen Anne's County Department of Planning and Zoning shall refer the violation for legal action.
D. 
Denial of permits. The Queen Anne's County Department of Planning and Zoning 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.
E. 
Timing of enforcement. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
F. 
Working without permit; stoppage of work. If a person is working without a permit, the Queen Anne's County Department of Planning and Zoning shall order work on the site stopped, except activity necessary to provide erosion and sediment control.