Sediment Control Permit

WHEN DO I NEED A SEDIMENT CONTROL (SC) PERMIT?

The purpose of the Sediment Control Permit is to prevent excessive erosion and stormwater flow from land disturbing activities that may cause siltation and degradation of streams and waterways.

As per Montgomery County Code, Chapter 19, Article I, Section 2, a permit is required for any land disturbing activity in Montgomery County that disturbs 5,000 sq. ft. or more of land, results in 100 cubic yards or more of earth movement, or is for the construction of a new residential or commercial building. An applicant must have approved erosion, sediment control and stormwater management plans before construction begins. Agricultural land management activities are exempt if the land has been farmed by the same owner within the last 5 years or a Declaration of Intent has been filed with the Department. Nursery operations and the cutting of trees are considered to be land disturbing activities and are not exempt.

WHICH TYPE OF SEDIMENT CONTROL PERMIT WILL I NEED?

Engineered Plan Sediment Control Permit

Each application for an Engineered Sediment Control permit must be accompanied by:

• An Erosion and Sediment Control Plan.
• Applicable filing fees
• An estimate of Stormwater Management costs for the project.
• A completed IF-1 (Information Form).

 Plans must be prepared and certified by:

• The plans must be prepared and certified by a Professional Engineer, Land Surveyor, Landscape Architect, or Architect registered in the State of Maryland.
• Stormwater management plans, as required by the County Code, are to be included as a part of the permit application. These plans must be prepared and certified by a Professional Engineer, Land Surveyor or Landscape Architect registered in the State of Maryland. Allowance of Land Surveyor and/or Landscape Architect design of stormwater management is limited to licensure restrictions.

 Engineered Sediment Control Permits are required for:

• New house construction
• All other, nonexempt land disturbing activities.
• May include stormwater management requirements
• Commercial properties.

Small Land Disturbance Sediment Control Permit (SLDA)

   DPS may waive the use of an Engineered Sediment Control plan requirements when:

1. Stormwater Management is not required,
2. The total amount of cut and fill is less than 1000 cubic yards,
3. The disturbed area is at least 25 feet from a floodplain, stream, wetland, or other sensitive area, and
4. The purpose of the SLDA Permit is for:
1. Other minor construction activities (tennis courts, accessory structures, etc.) on a residential lot of any size as long as the amount of land disturbance is 20,000 square feet or less, or
2. Other land disturbing activities (grading, etc.) which do not justify engineered plan requirements, as determined by the Department of Permitting Services.

An SLDA is used infrequently and determined on a case by case basis by DPS.

Forest Harvest Activity Permit

• For logging and timber removal operations
• Sediment control plans are approved by the Montgomery Soil Conservation District (MSCD).
• Forest harvest area must remain as woodland - No change in land use

Builders Sediment Control Permit

The Builder Sediment Control Permit is a type of sediment control permit intended for residential developments where builders buy lots from the overall developer of the property/site. The purpose of the permit is to assure compliance with the intent of the approved Developer's Sediment Control Plan and the sediment control regulations as control over buildable lots shifts from the developer to the builders. This permit is allowed on a case by case basis as determined by DPS.

What is the Builders Sediment Control Permit application process?

First, the developer’s sediment control plan must be approved, issued, and in good standing. This plan shows how and where the major sediment control devices are located on lots and also lists any lots encumbered by sediment control devices.

The developer and builder complete one Property Transfer Certification/Residential Ownership Transfer Agreement (PTC/ROTA) for each builder constructing houses in the development.

• The PTC/ROTA will list the lots within the developer’s sediment control permit and authorize the builder to use the developer’s sediment control devices.
• The PTC/ROTA will be submitted by the builders with their initial Builder’s Sediment Control Permit application. The appropriate permit fee and performance bond are required at this time
• The builder will make application for their Builder Sediment Control Permit(s) per their desired lot groups. Each application will be accompanied by a copy of the approved engineer plans highlighting the lots that are being included. Total square footage of the desired lot groups must also be included.
• The builder must submit a copy of the PTC/ROTA with each subsequent Builder Sediment Control Permit Application.

WHAT IS THE SEDIMENT CONTROL PERMIT APPLICATION PROCESS?

Submit a completed Sediment Control Permit Application, with an engineered erosion and sediment control plan. Permit fees are required at this time. For the Engineered Sediment Control Plan, one copy is required. For the SLDA application, two copies of a site plan are required. For Forest Harvest Activities, one copy of all pertinent information is required.

WHAT ARE THE CONDITIONS OF APPROVAL?

A permit will be issued when all appropriate fees have been paid, necessary bonds posted, and plans have been approved by the Department. In granting the permit, the Department may attach conditions that the Department deems reasonably necessary to prevent offsite sedimentation and the degradation of streams and other waterways. These conditions must be identified on the approved plans. The permittee must certify that all land disturbing activities will be performed pursuant to the approved plans.

Sediment Control permits must not conflict with conditions shown on approved subdivision plans, development plans, forest conservation plans, or site plans.

WHAT ARE THE SEDIMENT CONTROL PERMIT FEES?

• A non-refundable filing fee in accordance with Schedule of Fees for Permits Licenses and Inspections - Method 3 is required for all sediment control permit applications. An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98 - Adoption of an Automation Enhancement Fee.
• Bond - the bond amount is based on the stormwater construction cost estimate and the amount of disturbance, and is verified by submission of drawings showing the work.
• Revisions - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3 An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98 .
• Extension Fee - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3 . An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98 .
• Forest Harvest Activities - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3 An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98 .

WHEN WILL I RECEIVE MY SEDIMENT CONTROL PERMIT?

• Each review of an engineered plan takes on average two to four weeks. It is subject to workload and complexity of the project involved.
• Forest Harvest Permits are issued within a week of application. However, they are mailed to the Montgomery Soil Conservation District for final plan approval.
• Small Land Disturbance and Builders Transfer Permits are issued in a timely manner.

Actual processing time may vary due to workload and the complexity of the site.

AFTER THE PERMIT IS ISSUED:

INSPECTION INFORMATION:

The permittee must notify their DPS Sediment Control Inspector listed on the Sediment Control Permit 48 hours before commencing any land disturbing activities to schedule a pre-construction meeting. Required inspections and testing are performed during the construction (see Sediment Control Inspections). 

For the permit to be considered finalized and the bond returned, a final inspection must be made.

PERMIT EXTENSION REQUEST:

Sediment control permits are valid for two years from the date of issuance. All Sediment Control permits may be extended for one year. Extension requests need to be made in writing to the Land Development Permit Processing Section. Refer to fees section for fees associated with extensions. Forest Harvest permits cannot be extended.

OTHER AGENCIES INVOLVED:

Any activity involving lots that are over 40,000 square feet in size will have to make application to Maryland-National Capital Park and Planning Commission (M-NCPPC) in reference to Forest Conservation.

Any activity within the public rights-of-way will require a roadway grading permit from the subdivision development section of the department. The Montgomery Soil Conservation District must approve all SC plans for Forest Harvest Activities.

APPEALS PROCEDURE:

Appeals of the issuance of any SC permit should be directed to Director of DPS within five work days from date of permit issuance.