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Allegany County, MD Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max slope, unconsolidated soil
2:1 horizontal to vertical
Max slope, exposed bedrock
1:1 horizontal to vertical
Max building-site grade
Under 25% natural grade before grading
State standard referenced
COMAR 26.27.01 Sediment Control Regulations
Complaint response time
Action within 3 days, notice within 7
Enforcing agency
Allegany County / Soil Conservation District

Summary

In the unincorporated area of Allegany County, Maryland, grading and construction sites must meet numeric slope limits under County Code § 360-44: finished slopes can't exceed a 2:1 horizontal-to-vertical ratio, or 1:1 where bedrock is exposed, and building sites must sit on ground under 25% natural grade. Plans follow the state's COMAR 26.27.01 sediment control regulations, with the Soil Conservation District and Zoning Administrator reviewing and able to vary the standards for soil or rock conditions.

These county ordinances apply to unincorporated areas of Allegany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 360-44. General standards. A. All finished grading shall match as closely as possible the natural contour of adjacent undisturbed land. Finished slopes in unconsolidated materials should not exceed a ratio of 2:1, horizontal to vertical. Where bedrock is exposed, a slope ratio of 1:1 should not be exceeded. The Soil Conservation District may vary these slope standards, depending on soil or rock type and condition. ... ... C. Sediment and erosion control plans will be designed according to the State Sediment Control Regulations, COMAR 26.27.01 and the criteria set forth in Standards and Specifications for Soil Erosion and Sediment Control published by the Maryland Department of the Environment and available in the Allegany County Soil Conservation District office.

Full Breakdown

Any grading or building permit in unincorporated Allegany County carries a right-of-entry condition under § 360-40: the County and the Soil Conservation District may inspect the site periodically for compliance with the erosion and sediment control chapter. Every site plan must be either a minor plan under § 360-45, prepared on a Planning Commission worksheet showing grading volume, cut and fill depth, slope steepness and drainage handling, or a major plan under § 360-46, sealed by a Maryland-licensed surveyor, landscape architect or engineer, drawn at 24 by 24 inches and covering topography, storm drainage and a construction sequence.

Section 360-44's numeric limits control the physical grading itself: finished slopes in unconsolidated soil cannot exceed 2:1, slopes cutting into exposed bedrock cannot exceed 1:1, and a building site's natural grade before grading must be under 25%, though the Zoning Administrator can vary that figure with the Soil Conservation District's consent depending on slope stability and rock type. Plans must otherwise track the state's Standards and Specifications for Soil Erosion and Sediment Control and COMAR 26.27.01. If an inspection turns up a violation, § 360-42 requires the County to act on a complaint within three days and notify the complainant within seven; § 360-43 lets inspectors order corrective action, and if the deadline passes without a fix, the County can stop work on the site, deny future permits to the applicant, and refer the matter for legal action.

Anyone grading without a permit faces an immediate stop-work order except for the erosion and sediment control work itself. Major modifications to an approved plan, such as adding or deleting a sediment basin, go back through the plan approval agency under § 360-41; inspectors can approve minor field modifications on the spot if documented in a field inspection report.

Violations & Fines

Allegany County inspectors document violations in writing with the required fix and deadline under § 360-43. Missing that deadline triggers a stop-work order covering all site work except the correction itself, and unresolved violations go to the County for legal referral. The County can also deny any future building or grading permit to an applicant found out of compliance, and grading without a permit draws an immediate stop-work order under § 360-43F.

Frequently Asked Questions

Do I need a permit to grade land in unincorporated Allegany County?
Yes. Under § 360-40, every grading or building permit carries a condition letting the County and the Soil Conservation District inspect the site periodically, and plans must meet the erosion and sediment control standards in §§ 360-44 through 360-46 before work begins.
What slope limits apply to grading?
Section 360-44 caps finished slopes at 2:1 (horizontal to vertical) in unconsolidated soil and 1:1 where bedrock is exposed, and building sites must have a natural grade under 25% before grading, though the Soil Conservation District can approve variances for soil or rock conditions.
What happens if my site violates the erosion control plan?
The County notifies you in writing with the required correction and a deadline under § 360-43. If you miss it, the County stops work on the site, may deny future permits, and can refer the violation for legal action.
Is there a difference between minor and major sediment control plans?
Yes. Minor plans under § 360-45 go on a Planning Commission worksheet signed by the applicant; major plans under § 360-46 must be sealed by a Maryland-licensed surveyor, landscape architect or engineer and drawn at 24 by 24 inches showing full site topography and drainage.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

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