Wicomico County, MD Building Safety: Lead Paint (2026)
Key Facts
- Lead threshold
- More than 5/10 of 1% lead content banned
- Covered surfaces
- Dwellings, child-care facilities, fences, outbuildings
- Existing surfaces
- Must be removed under Maryland law
- Governing section
- Wicomico County Code § 160-37C
- Penalty
- Up to $1,000 per violation (§ 160-26)
Summary
In unincorporated Wicomico County, the Housing Code bans applying lead-based paint with more than five-tenths of one percent lead content to any interior or exterior surface of a dwelling, dwelling unit or child-care facility, including fences and outbuildings. Existing painted surfaces already over that threshold must be removed under Maryland law.
C. Lead-based paint with lead content of more than 5/10 of 1% shall not be applied to any interior or exterior surface of a dwelling, dwelling unit or child-care facility, including fences and outbuildings at these locations. Existing interior and exterior painted surfaces of dwelling units and child-care facilities in excess of 5/10 of 1% lead shall be removed in accordance with State of Maryland law.
Full Breakdown
Section 160-37C of the county's Housing Standards code sets Wicomico County's local lead-paint rule inside Article VI, Minimum Standards, which governs interior surfaces, walls, ceilings and basements. The section flatly prohibits applying paint containing more than 5/10 of 1% lead to any interior or exterior surface of a dwelling, a dwelling unit, or a child-care facility, and it extends that prohibition to fences and outbuildings located at those properties, not just the primary structure. Where an existing painted surface already exceeds that lead-content threshold, the ordinance does not merely restrict future work: it requires the surface to be removed, and it points owners to State of Maryland law for the removal procedure, since Maryland runs its own lead-poisoning-prevention and abatement program for older housing.
Because the county text is folded into the broader Housing Standards chapter, the same Housing Official who issues notices of violation under Article III is the official who cites a property for a lead-paint problem, and the general Chapter 160 penalty in Section 160-26 applies: a civil infraction with a fine of up to $1,000 per violation, with each day of noncompliance a separate offense. The rule reaches every dwelling unit and child-care facility in the unincorporated county, so a landlord repainting a rental, a homeowner refinishing trim, or an in-home day care operator recoating a porch railing must use paint under the 5/10-of-1% threshold or face a citation. Combined with the state abatement program, this section is the county's own textual hook for lead-safety code enforcement on the Lower Eastern Shore.
Violations & Fines
Applying paint above the 5/10-of-1% lead threshold, or leaving an existing over-threshold surface unremoved, is enforced as a Chapter 160 civil infraction under § 160-26: a fine of up to $1,000 per violation, with each additional day of noncompliance treated as a new violation. The Housing Official issues the notice and inspects for correction before any citation is filed.
Frequently Asked Questions
Can I use any lead paint on my house in unincorporated Wicomico County?
What if my house already has old lead paint from before the rule?
Does the rule apply to a detached shed or fence?
What happens if I violate the lead-paint section?
Sources & Official References
Other rules in Wicomico County
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