Wicomico County, MD Environmental Rules: Erosion Control (2026)
Key Facts
- Enforcing agency
- Wicomico County Soil Conservation District
- Plan trigger
- over 5,000 sq ft or 100 cubic yards
- Grading unit cap
- 20 acres at a time
- Plan validity
- 2 years from approval
- Max penalty
- $10,000 fine, 1 year jail, per day
- Complaint response
- initial investigation within 3 working days
Summary
Grading more than 5,000 square feet or 100 cubic yards of earth in unincorporated Wicomico County requires an erosion and sediment control plan approved by the Wicomico County Soil Conservation District before work begins. Chapter 140 of the County Code sets minimum controls tied to Maryland's 2011 Erosion and Sediment Control Standards and Specifications, and violators face a misdemeanor fine of up to $10,000.
§ 140-3. Scope. No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of this chapter and the Standards and Specifications except as provided within § 140-4. § 140-4. Exemptions. The following activities are exempt from the provisions of this chapter: ... ... B. Clearing or grading activities that disturb less than 5,000 square feet of land area or disturb less than 100 cubic yards of earth; § ... 140-22. ... Penalties. A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year, or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
Full Breakdown
Wicomico County Code Chapter 140, adopted July 7, 2015 by Bill No. 2015-07, prohibits disturbing land in unincorporated Wicomico County without implementing soil erosion and sediment controls that meet the chapter and the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control (§ 140-3). Three activities are exempt under § 140-4: agricultural land management practices and agricultural best management practices; clearing or grading that disturbs less than 5,000 square feet or less than 100 cubic yards of earth; and activities subject exclusively to state approval and enforcement.
Anyone grading beyond those thresholds must submit a plan through a three-stage review, concept, site development, and final, to the Wicomico County Soil Conservation District, which coordinates enforcement under § 140-1. Final plans must show the limit of disturbance, sediment control practice locations, construction sequencing, and, where phased, initial, interim, and final controls (§ 140-6). Approved plans stay valid for two years unless extended, and projects generally may not disturb more than a twenty-acre grading unit at once without an approval-authority exception (§§ 140-7H, 140-6E).
The District can grant a hardship variance under § 140-5 only on a written request showing the site's unique circumstances. Inspectors from the Administration, meaning the Maryland Department of the Environment's Water Management Administration or its delegated enforcement authority, have a right of entry to inspect for compliance, and the District must investigate complaints within three working days and notify the complainant of its findings within seven (§§ 140-19, 140-20). Enforcement tools include corrective action orders, stop-work orders, penalties, and referral for legal action (§ 140-21).
Violations & Fines
Violating Chapter 140 is a misdemeanor carrying a fine up to $10,000 or up to one year in jail, or both, with each day of violation a separate offense (§ 140-22A). The County or any interested party may also seek an injunction against a violator, and a person who fails to install or maintain approved controls is civilly liable for double the cost of installing or maintaining them, plus administrative, legal, and court costs (§ 140-22B, C).
Frequently Asked Questions
Do I need a permit to grade a small area of my property in unincorporated Wicomico County?
Who approves erosion and sediment control plans in Wicomico County?
How long does an approved erosion control plan stay valid?
Sources & Official References
Other rules in Wicomico County
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