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26.17.02.00.htm 26.17.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 17 WATER MANAGEMENT Chapter 02 Stormwater Management Authority: Environment Article, §4-201 and 4-203, Annotated Code of Maryland
26.17.02.01.htm 26.17.02.01. 01 Purpose and Scope.. A. The primary goals of the State and local stormwater management programs are to maintain after development, as nearly as possible, the predevelopment runoff characteristics, and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding by implementing environmental site design to the maximum extent practicable and using appropriate structural best management practices only when necessary.B. These regulations for
26.17.02.01-1.htm 26.17.02.01-1. 01-1 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated.. 1) The 2000 Maryland Stormwater Design Manual, Volumes I & II (Maryland Department of the Environment, April 2000) Supplement 1, is incorporated by reference by the Administration and shall serve as the official guide for stormwater management principles, methods, and practices.2) USDA Natural Resources Conservation Service Mar
26.17.02.01-2.htm 26.17.02.01-2. 01-2 Grandfather Provisions.. A. In this regulation, the following terms have the meanings indicated:. 1) Administrative Waiver.. a) "Administrative waiver" means a decision by the approving agency pursuant to this regulation to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009, in the local jurisdiction where the project will be located.b) "Administrative waiver" is distinct from a waiv
26.17.02.02.htm 26.17.02.02. 02 Definitions.. A. The following definitions describe the meaning of terms used in this chapter and the 2000 Maryland Stormwater Design Manual, Volumes I & II. The definitions will be valid unless the context in which they are used clearly requires a different meaning. Terms not defined below shall have the meanings given to them in the relevant statutes or, if not defined in statutes, the meanings attributed by common use. The definitions for these terms are pr
26.17.02.03.htm 26.17.02.03. 03 General Provisions.. A. The Administration is responsible for implementing and supervising the stormwater management program which is established by the Stormwater Management Subtitle. This responsibility shall include, but is not limited to:1) Establishing policies, procedures, standards, model ordinances, and criteria relating to stormwater management;2) Reviewing and approving:. a) County stormwater management ordinances,. b) Municipal stormwater management ordinances,.
26.17.02.04.htm 26.17.02.04. 04 Stormwater Management Ordinances.. A. Each county and municipality shall adopt ordinances necessary to implement a stormwater management program. Subsequently, counties and municipalities shall submit any proposed amendments to the Administration for review and approval. By joint action with the county, a municipality may adopt the stormwater management ordinance of its respective county.B. Each local ordinance shall provide for:.
26.17.02.05.htm 26.17.02.05. 05 When Stormwater Management is Required.. A. Unless the particular activity is exempted by this regulation, a person may not develop any land without an approved final stormwater management plan from the approving agency. A grading or building permit may not be issued for a property unless a final stormwater management plan has been approved that is consistent with:1) The Stormwater Management Subtitle;. 2) This chapter;. 3) The county or municipal ordinance..
26.17.02.06.htm 26.17.02.06. 06 Minimum Control Requirements.. A. County and Municipal Requirements.. 1) The minimum control requirements established in this section and the Design Manual shall be contained in each county and municipal ordinance as they apply to the applicable parts of the State. The minimum control requirements for each county and municipality are provided in §A(2) and (3) of this regulation.2) All counties and their incorporated municipalities shall require that the planning techniques, no
26.17.02.07.htm 26.17.02.07. 07 Interjurisdictional Flood Hazard Watersheds.. A. The watersheds specified in this regulation are interjurisdictional in nature and have documented flood damages to residential, commercial, industrial, or institutional structures. Development in the interjurisdictional flood hazard watershed may not increase the downstream peak discharge for the 100-year frequency storm event. Additionally, development shall comply with flood management plans as approved by the Depart
26.17.02.08.htm 26.17.02.08. 08 Stormwater Management Measures.. A. The ESD planning techniques and practices and structural stormwater management measures established in this regulation and the Design Manual shall be contained in all county and municipal ordinances. Each ordinance shall require that a developer demonstrate that ESD has been implemented to the MEP and, only where absolutely necessary, is a structural BMP used in developing a stormwater management plan.B. ESD Planning Techniques and Practices..
26.17.02.09.htm 26.17.02.09. 09 Stormwater Management Plans.. A. The design of stormwater management plans shall be prepared by any individual whose qualifications are acceptable to the approving agency. The approving agency may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the State, as necessary to protect the public or the environment. If a stormwater BMP requires either a dam safety permit from the Department or smal
26.17.02.10.htm 26.17.02.10. 10 Construction Inspection and Enforcement.. A. Before Beginning Construction.. 1) All county and municipal ordinances shall require:. a) Advance notification of the beginning of construction by the owner/developer;. b) Documented regular inspections during construction of stormwater management systems;. c) Certification by a professional engineer licensed in the State documenting that structural practices have been constructed according to approved plans; and
26.17.02.11.htm 26.17.02.11. 11 Maintenance.. A. Maintenance requirements established in this regulation shall be contained in all county and municipal ordinances and shall provide for inspection and maintenance. The owner shall perform or cause to be performed preventive maintenance of all completed ESD treatment practices and structural stormwater management measures to ensure proper functioning. The responsible agency of the county or municipality shall ensure preventive maintenance throu
26.17.02.9999.htm 26.17.02.9999. Administrative History Effective date: July 18, 1983 (10:14 Md. R. 1260). Regulations .03A, and .08A, C, and G amended effective June 4, 1984 (11:11 Md. R. 962) ―. Chapter recodified from COMAR 08.05.05 to COMAR 26.09.02 ―. Chapter recodified from COMAR 26.09.02 to COMAR 26.17.02, June 1996 ―. Chapter revised effective October 2, 2000 (27:19 Md. R. 1733). Regulation .01 amended effective May 4, 2009 (36:9 Md. R. 652). Regulation .01D adopted as an emergency provision
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