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

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

Key Facts

Enforcing agency
Washington County Soil Conservation District
Exemption threshold
Under 5,000 sq ft and 100 cu yds
Maximum fine
$10,000 per violation
Max jail term
1 year
Civil liability
2x cost of controls
Governing standard
2011 MD Standards and Specifications

Summary

Washington County bars land disturbance without approved erosion and sediment controls under its Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance. A grading permit and District-approved erosion and sediment control plan are required before clearing or grading, with violations charged as misdemeanors carrying fines up to $10,000.

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

5.1. Scope. No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of this Ordinance and the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control except as provided within this Article. ... 5.4.1.A. A person may not grade land without an erosion and sediment control plan approved by the District.

Full Breakdown

1 (Scope) of the county's Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance flatly prohibits disturbing land without implementing controls that meet the Ordinance and the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control. 01 and the 2011 Standards and Specifications before approval, and can attach conditions necessary to protect public health and safety. E). 2 carves out three exemptions: agricultural land management practices and structures; clearing or grading disturbing less than 5,000 square feet and less than 100 cubic yards of earth; and activities regulated exclusively by the State.

3 allows the District to grant a variance from the 2011 Standards and Specifications only for exceptional circumstances causing hardship, on a written request describing the site's unique conditions.

Violations & Fines

Section 5.9.A makes any violation of Article 5 a misdemeanor, punishable on conviction by a fine up to $10,000 or imprisonment up to one year, or both, with each day of violation a separate offense. Section 5.9.B lets any approving agency or interested person seek an injunction. Section 5.9.C adds civil liability equal to double the cost of installing or maintaining required controls for anyone who fails to install or maintain approved erosion and sediment controls; recovered damages go into a special fund under Section 5.9.D used to correct the failure and administer the sediment control program.

Frequently Asked Questions

Do I need a permit to grade my Washington County, Maryland property?
Yes, if the disturbance is 5,000 square feet or more, or moves 100 cubic yards or more of earth. Section 5.4.1.A of the county's erosion and sediment control ordinance requires an approved erosion and sediment control plan from the Soil Conservation District before grading begins.
What happens if I clear land without an approved plan?
Section 5.9.A makes it a misdemeanor punishable by up to $10,000 in fines or a year in jail, with each day counted as a separate offense. The county can also seek an injunction and, under Section 5.9.C, sue for double the cost of the controls that were never installed.
Is small-scale residential yard work exempt?
Yes. Section 5.2.B exempts clearing or grading that disturbs less than 5,000 square feet of land and less than 100 cubic yards of earth, so most routine landscaping projects fall outside the permit requirement.

Sources & Official References

Other rules in Washington County

All Washington County rules

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