Special Protection Area (SPA)

What is a Special Protection Area (SPA)?

A Special Protection Area (SPA) is a geographic area designated by the County Council which has high quality or unusually sensitive water resources and environmental features that would be threatened by proposed land development if special water quality protection measures were not applied.

Where are the SPA's in Montgomery County?

The existing SPA's are located in part of the Upper Paint Branch watershed, in the Piney Branch of the Watts Branch watershed, the Upper Rock Creek Watershed, and in theClarksburgarea as identified in the Clarksburg Master Plan. Please consult the Water Resources Section to determine if your development falls within an SPA area.

When do I need a SPA review?

All proposed development in a SPA is subject to a review if a Development Plan, Diagrammatic Plan, Schematic Development Plan, Project Plan, Preliminary Plan, Site Plan, or Special Exception is required. Projects on publicly owned property should also have a SPA review.

What is a SPA review?

All proposed development in a SPA is subject to a review

When do I need a SPA review?

Requirements of the SPA review are outlined in Executive Regulation No. 29-95 and include a Water Quality Inventory and/or a Preliminary and Final Water Quality Plan in lieu of the normal stormwater management concept requirement.

When is a Water Quality Inventory required instead of a Full Water Quality Plan?

Only a Water Quality Inventory is required if the proposed development meets one of the exemptions specified in the following sections. However, exemptions do not apply to the Upper Paint Branch SPA area.

What are the SPA exemptions?

Except in the upper Paint Branch SPA, an applicant needs not submit a preliminary or Final Water Quality Plan if:

• A project on agricultural, residential, or mixed use zoned property contains
• a proposed impervious area of less than 8% of the total area covered by the development approval application, or
• a cumulative area of 10 or fewer acres, and a proposed impervious area of less than 15% of the total land area covered by the development approval applications.
• A project on property zoned for industrial or commercial use consists of a cumulative land area of two or fewer acres covered by the development approval application.

What is the SPA review process?

If the project is not exempt, a pre-application meeting is required prior to submittal of the Preliminary Water Quality Plan. Submit the Preliminary Water Quality Plan and/or water quality inventory in accordance with the requirements of Executive Regulation # 29-95. A Final Water Quality Plan is also required.

What are the conditions where approved?

Approval of the Water Quality Plan, or Water-Quality Inventory, is required as part of the subdivision approval process.

Are other agencies involved?

The Special Protection Area Review is done in coordination with the MNCPPC and the Montgomery County Department of Environmental Protection.

What will the SPA review cost?

• The fees for an SPA review are based on total acreage. Please review the proper fees in accordance with 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 - Adoption of an Automation Enhancement Fee.
• Revisions – The fee for a significant revision to an SPA is 35% of the original fee. Minor revisions do not require additional fees. 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.
• Stream Monitoring Fees - Please see the Schedule of Fees for Permits Licenses and Inspections - Method 3 for fee calculation. An additional 10% Automation Enhancement Fee is charged on the cost(s) listed above as per Montgomery County Regulation 5-98.

When will my Water Quality Plan be approved?

A Water Quality Plan typically takes approximately six to 12 weeks for approval. The Water Quality Plan review time varies with the size and location of the project within the SPA. It can also be affected by delays in the preparation and submittal of the inventory and associated technical information.