[HISTORY: Derived from 1988 Codified Ordinances of the Mayor and City Council. Amendments noted where applicable.]
GENERAL REFERENCES
Criminal sanctions — See Ch. 1, Art. I
Critical areas — See Ch. 49.
Floodplain management — See Ch. 78.
Forest conservation — See Ch. 81.
Stormwater management — See Ch. 169.
[Amended 6-6-1988 by Ord. No. 719; 6-16-2025 by Ord. No. 1192]
The words and phrases as used in this chapter shall have the following meanings:
APPLICANT
Any person, firm or governmental agency who executes the necessary forms to procure official approval of a proposed plan for a project or permit to carry out construction of a project.
CRITICAL AREA
The Chesapeake Bay Critical Area shall be that area within approximately 1,000 feet of the mean high-water mark along the Susquehanna River and Chesapeake Bay within the boundary of the City of Havre de Grace as more particularly defined in a map at a scale of one inch equals 50 feet on file in the Department of Public Works titled "Official-Chesapeake Bay Critical Area Map."
DEVELOPER
A person, firm or governmental agency undertaking or proposing the construction of a building, a project consisting of inter-related building or other construction, and who is primarily financially responsible for the proposal.
EROSION
The process by which the ground surface is worn away by the action of wind and/or water.
EROSION AND SEDIMENT CONTROL PLAN
A plan to minimize the movement of sediment from the land of a property owner. This does not require detailed grading plans for a single lot that is not part of an ongoing subdivision development.
FLOODPLAIN
That area which would be inundated by accumulated stormwater runoff from a rainfall of fifty-year frequency in a totally developed watershed, plus an additional one-foot water elevation, and within which no development may take place unless consistent with this chapter.
GRADING
Any stripping, excavation, fill (including hydraulic fill), stockpiling or other movement or disposition of earth materials or any combination thereof, and shall include the land in its excavated or filled condition.
GRADING PERMIT
Written authorization to proceed with the provisions of this chapter issued by the Director of Public Works or their designee.
SEDIMENT
Soils or surficial materials transported by wind or surface water as a product or result of erosion.
SOIL CONSERVATION DISTRICT
The Soil Conservation District is an independent political subdivision established to provide assistance and advice to localities and landowners in the areas of soil conservation, water conservation, and related natural resources issues. These districts are authorized under § 8-301 of the Agriculture Article of the Annotated Code of Maryland.
WATERCOURSE
Any natural or constructed waterway in which waters flow in a more or less definite direction or course, either continuously or intermittently, and including the floodplain as herein defined.
It shall be unlawful for any developer, person, firm or governmental agency to do any clearing, grading or filling of land or create borrow pits, quarries, facilities for processing earthy materials or any other facility involving the movement of earth unless a permit has been issued therefor and such work is in conformance with the permit.
No grading permits shall be required for activities such as normal agricultural practices, tillage or cultivation of the soil in production of crops, trenching for utility work on public rights-of-way or in the space on abutting lot(s) needed to accommodate the respective house connections; provided, however, that the grading or trenching involved does not modify the natural terrain.
[Amended 6-6-1988 by Ord. No. 719; 6-16-2025 by Ord. No. 1192]
A. 
Permit and procedures.
(1) 
The applicant will be required to provide erosion and sediment control plans, specification and/or special provisions in accordance with the standards established by the Director of Public Works. The Soil Conservation Service handbook, "Standards and Specifications for Soil Erosion and Sediment Control in Urbanizing Areas," shall serve as a technical guide for erosion and sediment control in the City. Plans shall be reviewed and approved by the Director of Public Works. Comments pertinent to each project, in written form, shall be transmitted through the Director of Public Works to the applicant.
(2) 
The applicant shall meet all development criteria and requirements set out in §§ 49-2 and 49-3 of Chapter 49, Critical Areas, as contained in the Code of the City of Havre de Grace.
(3) 
Erosion and sediment control plans shall also be approved by the Soil Conservation District.
(4) 
Approval or disapproval action on final sediment control plans must be taken by approval authorities within 90 days from receipt of such plan unless the time is extended by the Director of Public Works prior to the expiration of the 90 days. Failure to approve or disapprove a sediment control plan within the time limit provided, or any extension thereof, will result in automatic approval of the plan.
B. 
Fees. Fees may be established by the Mayor and City Council from time to time.
[Amended 12-21-1992 by Ord. No. 768; 6-16-2025 by Ord. No. 1192]
A. 
Whenever erosion and sediment control measures are necessary, no grading permit or building permit may be issued until erosion and sediment control plans are approved by the Soil Conservation District and Director of Public Works.
B. 
Whenever a project is required to submit an application under Chapter 81, Forest Conservation, no grading permit shall be issued until the final forest stand delineation and final forest conservation plan for the project have first been approved by the Director of Planning.
C. 
Nothing under this chapter shall be construed to relieve the applicant from securing any additional permits required by law.
No grading permit shall be issued for work within the fifty-year floodplain of any stream or watercourse with a watershed of greater than 400 acres unless such work is authorized or permitted by the State Department of Natural Resources.
The Director of Public Works may impose such conditions on the grading permit as may be reasonable to prevent creation of a nuisance or conditions adverse to the public health, safety and welfare.
[Amended 6-16-2025 by Ord. No. 1192]
A. 
A grading permit shall be issued to the permittee by the Director of Public Works, who may require a cash deposit or performance bond from an approved corporate surety or other collateral, if determined to be accepted by the Director of Public Works in consultation with the City Attorney, both of whom have been delegated this task by the Mayor and City Council of Havre de Grace. The bond or cash deposits shall be in sufficient amounts to guarantee and assure, in event of failure to satisfactorily complete all work of the permit within the time specified, that the site will be restored to a condition meeting minimum requirements of this chapter.
B. 
Bonds covering sediment control measures shall be separate from those for other construction work and will be returned when the work has been satisfactorily completed.
[Amended 6-16-2025 by Ord. No. 1192]
A grading permit shall be valid for three years from the date of issuance or for such longer period of time as may be specified therein.
Inspection is the responsibility of the Director of Public Works. Final inspection reports will be forwarded to the office of the Soil Conservation District. A copy of the notice of any violation will also be forwarded to the Department of Natural Resources and will be in accordance with published established practices.
[Amended 6-16-2025 by Ord. No. 1192]
Any person convicted of committing any unlawful act as provided in this chapter shall be guilty of a misdemeanor. If any unlawful act is continuing, then each day during which such violation continues shall be considered a separate offense. In addition to any criminal penalty which may be imposed, all the provisions of this chapter may be enforced by petition for injunction filed on behalf of the Mayor and City Council of Havre de Grace in the Circuit Court for Harford County.