WILLIAM DONALD SCHAEFER, Governor
4-105.

[(a) Except as provided in subsection (b) of this section, before any person
clears, grades, transports or otherwise disturbs land for any purpose including, but not
limited to constructing buildings, mining minerals, developing golf courses, or
constructing roads and streets, the appropriate soil conservation district first shall
receive, review, and approve the proposed earth change. Land clearing, soil movement,
and construction shall be carried out in accordance with the written recommendations
of the soil conservation districts regarding control of erosion and siltation and
elimination of pollution.]

(A) (1) (I) IN THIS SECTION, "CONSTRUCTION" MEANS LAND
CLEARING, GRUBBING, TOPSOIL STRIPPING, SOIL MOVEMENT, GRADING,
CUTTING AND FILLING, TRANSPORTING, OR OTHERWISE DISTURBING
LAND FOR ANY PURPOSE.

(II) "CONSTRUCTION" INCLUDES LAND DISTURBING
ACTIVITIES FOR THE PURPOSE OF:

1. CONSTRUCTING BUILDINGS;

2. MINING MINERALS;

3. DEVELOPING GOLF COURSES; AND

4. CONSTRUCTING ROADS AND INSTALLING
UTILITIES.

(2) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, BEFORE ANY PERSON BEGINS ANY CONSTRUCTION, THE
APPROPRIATE SOIL CONSERVATION DISTRICT SHALL FIRST RECEIVE,
REVIEW, AND APPROVE THE PROPOSED EARTH CHANGE AND THE
SEDIMENT CONTROL PLAN.

(3) A PERSON MAY NOT BEGIN OR PERFORM ANY
CONSTRUCTION UNLESS THE PERSON:

(I) OBTAINS AN APPROVED SEDIMENT CONTROL PLAN;

(II) IMPLEMENTS THE MEASURES CONTAINED IN THE
APPROVED SEDIMENT CONTROL PLAN;

(III) CONDUCTS THE CONSTRUCTION AS SPECIFIED IN THE
SEQUENCE OF CONSTRUCTION CONTAINED IN THE APPROVED
SEDIMENT CONTROL PLAN;

(IV) MAINTAINS THE PROVISIONS OF THE APPROVED
SEDIMENT CONTROL PLAN;

(V) IF THE CONSTRUCTION IS BEING CONDUCTED BY A
UNIT OF STATE GOVERNMENT, PAYS THE FEES CHARGES REQUIRED
UNDER THIS SUBTITLE § 4-106 OF THIS SUBTITLE; AND

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