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Wicomico 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
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.

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

§ 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?
No. Chapter 140 exempts clearing or grading that disturbs less than 5,000 square feet of land or less than 100 cubic yards of earth, along with routine agricultural land management practices, from the erosion and sediment control plan requirement under § 140-4.
Who approves erosion and sediment control plans in Wicomico County?
The Wicomico County Soil Conservation District reviews and approves erosion and sediment control plans through the concept, site development, and final plan stages, and coordinates enforcement of Chapter 140 under §§ 140-1 and 140-7.
How long does an approved erosion control plan stay valid?
An approved plan remains valid for two years from its approval date unless the Wicomico County Soil Conservation District extends or renews it, as stated in § 140-7H.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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