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PARRIS N. GLENDENING, Governor
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Ch. 459
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CHAPTER 459
(House Bill 1124)
AN ACT concerning
Montgomery County - Soil Conservation Districts - Delegation of Approval
Authority to Municipal Corporations
FOR the purpose of authorizing a soil conservation district to delegate certain
approval authority of certain sediment control plans to certain municipal
corporations in Montgomery County under certain circumstances; making
stylistic changes; and generally relating to the delegation of approval authority
of sediment control plan reviews to municipal corporations by soil conservation
districts in Montgomery County.
BY repealing and reenacting, with amendments,
Article - Environment
Section 4-103(a) and 4-105(a)
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
4-103.
(a) (1) A county or municipality may issue grading and building permits as
provided by law.
(2) A grading or building permit may not be issued until the developer:
[(1)1 (I) [submits] SUBMITS a grading and sediment control plan
approved by:
1. [the] THE appropriate soil conservation district[,]; OR
2. A MUNICIPAL CORPORATION IN MONTGOMERY COUNTY
THAT IS DESIGNATED UNDER PARAGRAPH (4) OF THIS SUBSECTION; and
[(2)] (II) [certifies] CERTIFIES that all land clearing, construction, and
development will be done under the plan.
(3) 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 the Environment.
(4) A SOIL CONSERVATION DISTRICT MAY DELEGATE APPROVAL
AUTHORITY OF A GRADING AND SEDIMENT CONTROL PLAN TO A MUNICIPAL
CORPORATION IN MONTGOMERY COUNTY THAT:
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- 2489 -
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