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Grading Permits

When the anticipated earthwork activity resulting from site grading exceeds 1,000 cubic yards, and/or when storm-water management is proposed, a gradinggrading permit and inspection fees are required. When the earthwork is estimated to be more than 5,000 cubic yards, a grading permit, bond and inspection fees are required. The Grading Permit bond includes stabilization, sediment/erosion control measures, and storm-water management construction (if required). lease refer to our Bond Estimating Worksheets for additional information. The respective inspection fee is based on $310 per disturbed acre. For work within existing County right-of-ways, (i.e., entrances to cluster subdivisions), a Construction Permit for Work Within a County Right-of-way is also required. If the proposed entrance is on a State Road, the limits of the SHA entrance permit must be established, as that portion of the work is not required to be bonded by the Department of Public Works & Transportation. Please refer to our Grading Agreement and Grading Permit Application for additional information.

Is Your Project Grandfathered for Stormwater Management?

Administrative Waivers - The Director of DPW&T may grant an administrative waiver to a development that received Preliminary Project Approval prior to May 4, 2010. Those projects that are granted an administrative waiver Storm Management Administrative Waiver Checklist may proceed with development (ie. grandfathered) in accordance with the regulations in accordance with the regulations in effect at the time of Preliminary Project Approval.

Preliminary Project Approval - means an approval as part of the preliminary development or planning review process that includes, at a minimum: 1) the number of planned dwelling units or lots and proposed density; 2) the proposed size and location of all land uses in the project; 3) a plan that identifies the proposed drainage patterns, locations of all points of discharge from the site, and the type, location, and size of all stormwater management controls based upon site-specific computations of stormwater management requirements; 4) the proposed alignment, location and construction type and standard for all proposed roads, access ways, and areas of vehicular travel; 5) a demonstration that the methods by which the development will be supplied with water and wastewater services are adequate; 6) the size type, and location of all proposed wastewater and water system infrastructure; and 7) any other information deemed necessary by the Approving Agency to adequately review the proposal.

Expiration of Administrative Waivers - Administrative waivers shall expire on:

May 4, 2013, if the development project does not receive final approval by that date: or

May 4, 2017, if the development receives final project approval prior to May 4, 2013; or

The development project’s expiration or revocation date pursuant to the Comprehensive Zoning Ordinance (#02-01, as amended), but only if that expiration date is prior to the dates specified in Article 1.7.1.a of the Stormwater Management, Grading and Erosion & Sediment Control Ordinance.

Extension of Administrative Waivers - Administrative Waivers may be extended by the Director of the DPW&T if the development project had received Preliminary Project Approval by May 4, 2010, and the development project is subject to a Development Rights and Responsibilities Agreement, a Tax Increment Financing approval, or an Annexation Agreement. Any extension granted under this paragraph shall expire when the Development Rights and Responsibilities Agreement, the Tax Increment Financing approval, or the Annexation Agreement expires.

Construction Completion Deadline - All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017 or, if the waiver is extended as provided in Article 1.7.1.d of the Stormwater Management, Grading and Erosion & Sediment Control Ordinance, by the expiration date of the waiver extension.

Redevelopment: Environmental Site Design (ESD) Examples - The Maryland Department of the Environment (MDE) provided a document entitled, "Environmental Site Design Redevelopment Examples" for your use. The two examples use site data from redevelopment projects that have been designed and constructed to meet requirements under the 2000 stormwater regulations. A comparison of practices needed to meet the 2000 versus 2009 regulations is also shown. The design examples show the flexibility available when applying ESD criteria to fit into site conditions for these projects. MDE believes these considerations will allow greater success for implementing ESD in redevelopment.

Review Approvals

The following is required prior to issuance of permits:

stamp of approvalPlanning Approval - Required for commercial site plans prior to issuance of Grading Permits and Construction Permits. For a conditional use in a residential zone, prior Planning Commission approval is not required.

Plans - Three (3) sets of approved Site Plans, drainage and storm-water management analysis and three (3) sets of approved sediment control plans.
Three (3) additional sets of Entrance Plans must be submitted if a Construction Permit for Work within a County Right-of-Way is required.

Quantities and Cost Estimate is required as specified above. A copy of the most current Deed for the subject property must also be provided.

Notice of Construction Completion Form (NOCC) and an Inspection and Maintenance (I&M) Agreement for Private Storm-water Management Facilities must be executed and returned when the bond(s) is posted. The respective Private Stormwater Management Facilities is forwarded to Land records for recordation by the Department Public Works & Transportation once the permit has been issued. Once construction and as-built is accepted by the Department of Land Use & Growth Management and DPW&T, the completed NOCC Form is signed and forwarded to the State for their permanent record. Subsequent maintenance inspections are then scheduled by the Department of Permits and Inspections to ensure maintenance is being performed. As of November 15, 2007, for Small Pond Permit Applications, the Soil Conservation District requires the use of new forms and the submission of an Operations and Maintenance (O&M) Plan, which must be signed by the design engineer and facility owner.

Wetlands Permits - Verification of valid Wetland Permits and/or a jurisdictional determination by the Army Corps of Engineers must be submitted prior to waterwayissuance of a grading permit and/or prior to the granting of an extension. Small Pond Approval (MD378) by the Maryland Department of the Environment may also be required.

Limits of Grading / Disturbance - associated with the permit will be delineated ("red-lined") on the plans by this Department. The limits of disturbance are checked against the approved erosion and sediment control plan issued by the local Soil Conservation District. To help facilitate the review process by the SCD, please refer to the Soil Conservation Erosion and Sediment Control Plan Transmittal Sheet.

If a Construction Permit for Work within a County Right-of-way is required in conjunction with a Grading Permit, they should be issued simultaneously. The Grading Permit plans are not signed by the Director, or Deputy Director, until bonds are posted and fees paid. The Bonds or Letters of Credit are kept in the Department's safe until such time as the Manager of Construction & Inspections issues a Field Report stating the work has been completed and the Permit can be released in accordance with all Permit release criteria.

Board of Appeals Approval - For mining reclamation plans, wash plants and gravel pits that require Board of Appeals Approval, the Department of Public Works & Transportation must be provided with information addressing; anticipated duration of operations, amount of traffic generated (number of trucks per day), amount and type of material to be excavated/filled/hauled, condition and classification of existing roads in the vicinity (APF), status of existing Department of Natural Resources permit(s), and any pertinent site history or prior Board minutes. The Department may also request as a condition that a maintenance bond be posted to assure the County roads are properly repaired and maintained throughout the duration of the mining operations.

If storm-water management is not required and earthwork being moved is less than 5,000 cubic yards, a bond is not required. If storm-water management is required or earthwork is more than 5,000 cubic yards, the bond amount will include stabilization, sediment erosion control and storm-water management costs. The inspection fee will be 3% of the entire road construction costs including paving and $310 per disturbed acre.

Bonding and Fees

The following is required to establish bonding and fees:

Three (3) sets of approved road Plans, three (3) sets of approved sediment control plans and Three (3) sets of approved storm-water management plans (if applicable).

Please refer to our Bond Estimating Worksheets for additional information.

Grading Permit Bond amount includes stabilization costs, sediment and erosion control measures, and storm-water management construction costs.

Grading Permit Inspection Fee is based on 3% of the total road construction costs, plus $310 per disturbed acre of storm-water management construction. Grading Permit Inspection Fee is based on 3% of the total road construction cost, plus $310 per disturbed acre of storm-water management construction. Refer to the approved User Fee Schedule for additional review and permit fee information.