26.17.01.05

.05 Activities for Which Approved Erosion and Sediment Control Plans Are Required.

A. Any grading activity requires an erosion and sediment control plan approved by the appropriate approval authority, except for:

(1) Agricultural land management practices and agricultural best management practices, including those regulated under COMAR 26.17.03; and

(2) Grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth.

B. A project that involves any combination of private lands, county lands, State lands, or federal lands, such as a utility right-of-way, requires the approval of the approval authority affiliated with the entity undertaking the activity or for whose benefit the activity is being undertaken.Ownership of the land or lands upon which the activity is occurring is not to be the sole factor in determining the approval authority.

C. Any approval authority may make a written request to the Administration for a joint review of an erosion and sediment control plan.

D. Any activity pursuant to and in compliance with Environment Article, Title 15, Annotated Code of Maryland, is exempt from the grading unit restriction.

E. Any activity pursuant to sanitary landfills and in compliance with Environment Article, §9-204, Annotated Code of Maryland, and COMAR 26.04.07.02B(27) is exempt from the grading unit restriction.