WILLIAM DONALD SCHAEFER, Governor                    Ch. 10 2

BY repealing and reenacting, with amendments,

Article - Environment

Section 4-106 and 4-205

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

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

Article - Environment

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.

(b)   In Montgomery County, notwithstanding the provisions of
subsection (c) of this section and § 4-103(a)(l) of this
subtitle, the soil conservation district may delegate to the
County Department of Environmental Protection, by written
agreement between the district and the Department of the
Environment, the authority to review and approve or reject any
sediment control plans for nonagricultural land-altering
activities.

(c)   In Prince George's and Montgomery Counties, the
Washington Suburban Sanitary Commission, after consultation with
and advice of the soil conservation districts of the two counties
and the Department of the Environment, shall prepare and adopt
rules and regulations for erosion and sediment control
requirements for utility construction work. The rules and
regulations shall be adopted and enforced as are others of the
Commission under authority conferred by other laws. These rules
and regulations apply to any utility construction work in Prince
George's and Montgomery Counties. The provisions of this
subsection do not apply until the soil conservation district in
each county approves erosion and sediment control requirements
for utility construction work in that county.

4-106.

The provisions of § 4-105 do not apply to any State OR
FEDERAL unit. If a State OR FEDERAL unit undertakes any land

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