3532

EXECUTIVE ORDERS

Subtitle 11. Sediment Control

8-1101. Legislative findings; criteria and procedures to
implement control programs.

The General Assembly determines and finds that lands
and waters comprising the watersheds of the State are great
natural assets and resources. As a result of erosion and
sediment deposit on lands and in waters within the
watersheds of the State, these waters are being polluted and
despoiled to such a degree that fish, marine life, and
recreational use of the waters are being affected adversely.
In addition the General Assembly finds and declares that
land movement and disturbance activities on Atlantic Coast
beaches east of certain natural and physical contours and
elevations of the beach endangers the integrity and
continuity of the beach system which includes a dunal
system, prevents adequate maintenance, shore erosion and
sediment control, and storm protection of these and adjacent
areas, and results in the imposition of additional financial
burdens on the citizens of the State. To protect the natural
resources of the State, the Secretary OF HEALTH AND MENTAL
HYGIENE shall adopt criteria and procedures for the counties
and the local soil conservation districts to implement soil
and shore erosion control programs. These procedures may
provide for departmental review and approval of major
grading, sediment, and erosion control plans.

8-1103. Grading and building permits; grading and sediment
control plan; certification by developer; authority and
responsibility of Department OF HEALTH AND MENTAL HYGIENE
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 will
be done 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 OF HEALTH AND
MENTAL HYGIENE. 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 OF HEALTH AND MENTAL HYGIENE
and the appropriate county unit.

(b)  Each county or municipality shall adopt grading
and building ordinances necessary to carry out the