Washington County, MD Environmental Rules: Erosion Control (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.
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
Article 5, Section 5.1 (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. Section 5.4.1.A backs this with a permitting requirement: "A person may not grade land without an erosion and sediment control plan approved by the District," meaning the Washington County Soil Conservation District, referred to throughout as "the District." The District reviews plans under Section 5.4.1.B for compliance with the Article, COMAR 26.17.01 and the 2011 Standards and Specifications before approval, and can attach conditions necessary to protect public health and safety.
Concept plans must map natural resources and sensitive areas, including highly erodible soils and slopes greater than 15 percent (Section 5.4.1.D), and site development plans must show how erosion controls integrate with stormwater management practices through a narrative and overlay plan (Section 5.4.1.E). Section 5.2 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. Section 5.3 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?
What happens if I clear land without an approved plan?
Is small-scale residential yard work exempt?
Sources & Official References
Other rules in Washington County
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