3734

LAWS OF MARYLAND

Ch. 790

Section 8-1103(a)

Annotated Code of Maryland

(1983 Replacement Volume and 1983 Supplement)

BY adding to

Article - Natural Resources

Section 8-1103(d) and (e)

Annotated Code of Maryland

(1983 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-1103.

(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 Natural
Resources. [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 Natural Resources and the appropriate county unit.]

(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 NATURAL RESOURCES, EACH DISTRICT SHALL FORWARD
1 COPY OF EACH APPROVED PLAN TO THE DEPARTMENT OF NATURAL
RESOURCES IMMEDIATELY UPON APPROVAL.

(E) (1) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW OR
LOCAL ORDINANCE, EFFECTIVE JANUARY 1 APRIL 1, 1985, IT SHALL BE
THE SOLE RESPONSIBILITY OF THE DEPARTMENT OF NATURAL RESOURCES 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) THE SECRETARY OF NATURAL RESOURCES SHALL
DELEGATE ENFORCEMENT AUTHORITY UNDER THIS SUBTITLE TO ANY COUNTY