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Gaithersburg, MD Environmental Rules: Erosion Control (2026)

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

Key Facts

Grading Permit
Required for drainage changes
Foundation Slope
6 inches in first 10 feet
Retaining Wall Permit
Over 4 feet height
Public Works
(301) 258-6370
Building Division
(301) 258-6330

Summary

Gaithersburg requires grading permits for land-disturbing activities and enforces drainage standards to protect adjacent properties and waterways. Grading must maintain positive drainage away from structures and must not redirect stormwater onto neighboring properties. Montgomery County reviews grading plans in coordination with the city for projects meeting disturbance thresholds.

The Public Works Department performs a variety of services including snow removal, street sweeping, repair and maintenance of streets, sidewalks and storm drains, and beautification of streets, public buildings, and parks. Recycling, city vehicle maintenance and stormwater management are also provided. Engineering functions include reviews of site plans, sediment control, storm drainage, paving, and site plans for new developments. [...] The Engineering Services Division is responsible for Capital Improvement Projects for the City's Public Infrastructure assets (roadways, street lighting, parks, bridges and culverts). It is also responsible for ensuring that land development plans conform to City and State standards. [...] The Environmental Services Division is responsible for the Stormwater Management Program, Sustainability Program and Forestry needs for the City. In this capacity, the division manages Capital Improvement Projects for the City's Public Stormwater assets (green streets, ponds, stream restoration and storm drain system). This program is funded through collection and use of the Stormwater Program Fee. This Division is responsible for compliance with the City's National Pollutant Discharge Elimination System (NPDES) permits, which include activities such as spill response and cleanup along with public education and outreach programs. The Division completes Stormwater and erosion and sediment control reviews for development plans, NRI/FSD and landscape plans and assists residents with environmental clean ups, watershed planning, climate action planning and energy reduction activities.

Source: City of Gaithersburg Public WorksView official code

Full Breakdown

Gaithersburg regulates grading and drainage through its building code, zoning ordinance, and coordination with Montgomery County permitting. A grading permit is required for any land disturbance that affects the existing drainage pattern, involves cut or fill exceeding specified quantities, or meets the erosion control plan threshold of 5,000 square feet. Grading plans must demonstrate that finished grades maintain positive drainage away from all structures with a minimum slope of 6 inches in the first 10 feet from foundations. Stormwater runoff must not be redirected from its natural drainage pattern onto neighboring properties.

When grading changes increase impervious surface, stormwater management requirements apply. Retaining walls exceeding 4 feet in height require engineering design and a separate structural permit. Grading within the floodplain, stream valley buffer, or forest conservation area requires additional approvals from Montgomery County DEP. The city enforces drainage complaint resolution when grading by one property causes water problems on adjacent lots. Downspout drainage, sump pump discharge, and surface water must be directed to appropriate stormwater infrastructure or pervious areas. Contact Gaithersburg Public Works at (301) 258-6370 for drainage complaints or the Building Division at (301) 258-6330 for grading permits.

Violations & Fines

Grading without a permit when required is subject to stop-work orders and fines. Redirecting stormwater onto neighboring properties triggers enforcement action and required remediation. Grading in stream buffers or forest conservation areas without approval carries penalties up to $10,000 per day under Montgomery County regulations.

Frequently Asked Questions

Do I need a grading permit in Gaithersburg?
A grading permit is required for land disturbances that change drainage patterns, involve significant cut or fill, or meet the 5,000-square-foot disturbance threshold. Contact the Building Division at (301) 258-6330.
Can my neighbor's grading cause water to flow onto my property?
No. Grading must not redirect stormwater onto neighboring properties. If a neighbor's work has changed drainage patterns affecting your property, contact Public Works at (301) 258-6370 to file a complaint.
What slope is required around foundations?
Finished grade must slope at least 6 inches downward in the first 10 feet from the foundation to ensure positive drainage away from the structure.

Sources & Official References

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