Montgomery County, MD Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required for
- any land-disturbing activity, incl. grading
- Small-job exemption
- under 100 cu. yd. and 5,000 sq. ft.
- Enforcing agency
- Dept. of Permitting Services
- Max civil penalty
- $1,000 per day
- No-permit enforcement
- immediate stop-work order
Summary
Montgomery County bars land-disturbing activity, including grading, without a permit from the Department of Permitting Services, exempting only minor work under 100 cubic yards or 5,000 square feet that's promptly stabilized.
(a) Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit. (b) A permit is not required under this Chapter for: (1) any minor land-disturbing activity that: ... (B) involves less than 100 cubic yards of earth movement; (C) disturbs less than 5,000 square feet of surface area ... and (E) is promptly stabilized to prevent erosion and sedimentation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Chapter 19, Article I of the Montgomery County Code requires anyone undertaking grading, clearing, or other land-disturbing work to first obtain an erosion and sediment control permit from the Department of Permitting Services (§ 19-2(a)). The only exemptions are minor disturbances under 100 cubic yards of earth movement or 5,000 square feet of surface area that are promptly stabilized, accepted farming practices, and small tree-cutting jobs (§ 19-2(b)). The Director can post a stop-work order the moment land disturbance begins without a permit (§ 19-9(c)(1)), and violating Article I carries a civil penalty of up to $1,000 per day (§ 19-70).
Violations & Fines
Grading or clearing without a permit triggers an immediate stop-work order and a Class A civil penalty of up to $1,000 per day of violation (§ 19-9, § 19-70).
Frequently Asked Questions
Do I need a permit to grade my yard in Montgomery County?
What happens if I grade without a permit?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.