§ 4-103. Grading and building control
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2017
Effective: July 1, 2017
MD Code, Environment, § 4-103
§ 4-103. Grading and building control
(a)(1) A county or municipality may issue grading and building permits as provided by law.
(b) Each county or municipality shall adopt grading and building ordinances necessary to carry out the provisions of this subtitle, with the assistance of the Department of the Environment and the appropriate soil conservation district.
(c) Each soil conservation district may recommend a fee system to cover the cost of reviewing the grading and sediment control plans. Subject to § 8-311 of the Agriculture Article, any recommended fee shall take effect upon enactment by the local governing body. Any fees collected pursuant to this fee system shall be supplementary to county and State funds and may not (1) be used to reduce county or State funds, and (2) exceed the cost of reviewing the plans.
(d) Each soil conservation district shall require an applicant for grading and sediment control plan approval to submit a sufficient number of copies of the plan to enable the district to forward copies of the plan to appropriate State and local agencies. Where enforcement authority has been retained by the Department of the Environment, each district shall forward 1 copy of each approved plan to the Department of the Environment immediately upon approval.
(e)(1) Notwithstanding any other provision of State law or local ordinance, it shall be the sole responsibility of the Department to enforce compliance with the provisions of this subtitle and of any approved plan, except in those counties and municipalities to which enforcement authority has been delegated in accordance with paragraph (2) of this subsection.
(2)(i) 1. The Secretary of the Environment shall delegate enforcement authority under this subtitle to any county or municipality which is found capable of enforcing compliance with the provisions of this subtitle, or is found to have enforcement capability within that jurisdiction which is comparable to that of the Department in terms of laws and procedures, manpower, equipment, and overall effectiveness.
2. The Secretary may delegate a specific portion of the enforcement authority under this subtitle to a county or municipality.
3. The Secretary may not deny a requested delegation unless opportunity has been afforded to the appropriate officials of the affected local jurisdiction to present arguments before the Secretary.
(iii) Every such delegation shall be subject to suspension by the Secretary, after opportunity is afforded for a hearing, upon a finding that the county or municipal program has fallen below the standard of comparable effectiveness. During a period of suspension, the Department shall enforce compliance in the affected jurisdiction.
1. Grant the request;
2. Deny the request; or
3. Delegate a specific portion of the enforcement authority under this subtitle.
(f)(1) Subject to paragraph (2) of this subsection, the Secretary, by contractual agreement, may authorize a soil conservation district to inspect sites for compliance with approved sediment control plans.
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1980, c. 27; Acts 1980, c. 676, § 2; Acts 1980, c. 815; Acts 1984, c. 790; Acts 1987, c. 306, § 3; Acts 1989, c. 103; Acts 1989, c. 159; Acts 1994, c. 454, § 1, eff. Oct. 1, 1994; Acts 1995, c. 488, § 16, eff. July 1, 1995; Acts 1998, c. 37, § 1, eff. Oct. 1, 1998; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 459, § 1, eff. Oct. 1, 2000; Acts 2001, c. 97, § 1, eff. Oct. 1, 2001; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2017, c. 370, § 1, eff. July 1, 2017; Acts 2017, c. 371, § 1, eff. July 1, 2017.
Formerly Art. 96A, § 108.
MD Code, Environment, § 4-103, MD ENVIR § 4-103
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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