WHAT IS A SPECIAL PROTECTION AREA (SPA)?

An SPA is a geographic area 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 Paint Branch watershed, in the Piney Branch of the Watts Branch watershed, the Upper Rock Creek Watershed, and in the Clarksburg area 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 AN 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 AN SPA REVIEW?

In SPAs, a Water Quality Inventory and/or a Water Quality Plan is required instead of a stormwater concept.

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 need 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 develop ment 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 Water Quality Pan. Submit the Water Quality Plan and/or water quality inventory in accordance with the requirements of Executive Regulation # 29-95.

CONDITIONS OF APPROVAL

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

OTHER AGENCIES INVOLVED

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

WHAT WILL THE REVIEW COST?

• Preliminary-Water-Quality-Plan-Review Fees
  
  

  1.	Five or fewer Acres	$	1,567.50
  2.	More than 5 - 15 Acres	$	2,937.00
  3.	More than 15 - 25 Acres	$	4,295.50
  4.	More than 25 - 75 Acres	$	7,656.00
  5.	More than 75 - 125 Acres	$	9,575.50
  6.	More than 125 - 175 Acres	$	11,462.00
  7.	More than 175 - 225 Acres	$	13,359.50
  8.	More than 225 - 275 Acres	$	15,240.50
  9.	More than 275 - 325 Acres	$	17,000.50
  10.	More than 325 - 375 Acres	$	19,041.00
  11.	More than 375 Acres	$	20,933.00
  The above costs include the 10% automation enhancement fee.

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

• Final Water-Quality-Plan-Review Fees
  
  

  1.	Five or fewer Acres	$	1,287.00
  2.	More than 5 - 15 Acres	$	2,607.00
  3.	More than 15 - 25 Acres	$	3,883.00
  4.	More than 25 - 75 Acres	$	7,518.50
  5.	More than 75 - 125 Acres	$	9,938.50
  6.	More than 125 - 175 Acres	$	12,375.00
  7.	More than 175 - 225 Acres	$	14,927.00
  8.	More than 225 - 275 Acres	$	17,209.50
  9.	More than 275 - 325 Acres	$	19,629.50
  10.	More than 325 - 375 Acres	$	22,055.00
  11.	More than 375 Acres	$	24,486.00

  
  
  
  
  
  
  
  
  
  
  
  
  
  The above fees include a 10% automation enhancement fee. Filing fees and permit fees are based on fees in effect on the date the application was filed. All other fees are based on fees in effect at the time the service is requested (revision fee, extension fee, etc.).

• Stream-Monitoring Fees   Steam-monitoring fees in the amount of $860.00 per acre must be paid by the permittee prior to issuance of the Sediment-Control Permit for the development site. For the purpose of fee calculation, the total acreage of the site as shown on the approved record plat shall be used. All fractions of acreage will be rounded to the nearest whole number. If the acreage fraction is .5, the next higher whole number will be used. There are no automation fees for stream-monitoring. The Department of Permitting Services collects this fee for the Department of Environmental Protection.
  
  This fee does not require a 10% automation fee.

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.