MARVIN MANDEL, Governor                                 1203

THEIR ACCESSORY BUILDINGS ON LOTS OF TWO ACRES OR
MOPE. REGARDLESS OF PLANNING, ZONING, OR SUBDIVISION
CONTROLS, A COUNTY OR MUNICIPALITY MAY NOT ISSUE A
PERMIT FOP GRADING OR CONSTRUCTION OF ANY BUILDING,
OTHER THAN THOSE MATTERS EXEMPTED BY THE PROVISIONS OF
THIS SECTION, UNLESS THE GRADING OR CONSTRUCTION
CONFORMS WITH PLANS APPROVED AS PROVIDED IN THIS
SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Article 96A, section 107 of the Code, as
amended by Chapter 594, Acts of 1972. New
language has teen added to emphasize that a
county or municipality may issue a permit
only for those matters exempted by this
section and not for matters exempted by
county ordinances. The only other changes
made are in style.

8-1103. GRADING AND BUILDING PERMITS; GRADING AND
SEDIMENT CONTROL PLAN; CERTIFICATION BY DEVELOPER;
AUTHORITY AND RESPONSIBILITY OF DEPARTMENT AND SOIL
CONSERVATION DISTRICT; GRADING AND BUILDING
ORDINANCES.

(A) A COUNTY OR MUNICIPALITY MAY ISSUE GRADING
AND BUILDING PERMITS AS PROVIDED BY LAW. A GRADING OR
BUILDING PERMIT MAY NOT BE ISSUED UNTIL THE DEVELOPER
(1) SUBMITS A GRADING AND SEDIMENT CONTROL PLAN
APPROVED BY THE APPROPRIATE SOIL CONSERVATION
DISTRICT, AND (2) CERTIFIES THAT ALL LAND CLEARING,
CONSTRUCTION, AND DEVELOPMENT HILL BE CONE UNDER THE
PLAN. CRITERIA FOR SEDIMENT CONTROL AND THE PROCEDURE
FOR REFERRING AN APPLICANT TO THE APPROPRIATE SOIL
CONSERVATION DISTRICT SHALL BE ACCEPTABLE TO THE SOIL
CONSERVATION DISTRICT AND THE DEPARTMENT. THE COUNTY
OR MUNICIPAL UNIT RESPONSIBLE FOR ON-SITE INSPECTION
AND ENFORCEMENT OF THE PROVISIONS OF THIS SUBTITLE
SHALL MAKE A FINAL INSPECTION AND FORWARD ITS REPORT
TO THE APPROPRIATE SOIL CONSERVATION DISTRICT. NOTICE
OF VIOLATIONS OF THE PROVISIONS OF THIS SUBTITLE SHALL
BE FILED WITH BOTH THE DEPARTMENT AND THE APPROPRIATE
COUNTY UNIT.

REVISOR'S NOTE: This subsection presently appears
as Article 96A, section 108(a) of the Code.
The only changes made are in style.

(B) EACH COUNTY OR MUNICIPALITY SHALL ADOPT
GRADING AND BUILDING ORDINANCES NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SUBTITLE, WITH THE ASSISTANCE