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

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

Key Facts

Plan approver
Worcester Soil Conservation District
Inspection agency
Worcester County Department of Environmental Programs
Exempt below
Five thousand square feet and one hundred cubic yards
Plan validity
Three years from approval unless renewed
Permit term
Two years from issuance
Maximum fine
$10,000.00 per violation, each day separate

Summary

In unincorporated Worcester County, Maryland, no one can clear or grade land without an erosion and sediment control plan approved by the Worcester Soil Conservation District, unless the work is exempt. Clearing and grading that disturbs less than five thousand square feet of land and less than one hundred cubic yards of earth is exempt. Fines reach $10,000.00 per violation.

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

(a) Review and approval of erosion and sediment control plans. (1) Unless exempt from the provisions of this Subtitle pursuant to the provisions of § NR 1-204 hereof, a person may not clear or grade land without first obtaining an erosion and sediment control plan approved by the District. (2) The District shall review the erosion and sediment control plans to determine compliance with this Subtitle and the Standards and Specifications prior to approval. In approving a plan, the District may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this Subtitle, COMAR 26.17.01, as from time to time amended, the Standards and Specifications and the preservation of public health and safety. ... (7) The final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the District on the plan. (8) Approved plans may remain valid for three years from the date of approval unless renewed by the District. [Amended 7-18-2017 by Bill No. 17-7]

Full Breakdown

Subtitle NR 1:II applies to all grading in Worcester County except in the incorporated areas (§ NR 1-201(b)). The Worcester County Department of Environmental Programs is the inspection agency, and the Worcester Soil Conservation District reviews and approves the plans (§ NR 1-202).

Section NR 1-203 bars anyone from clearing or grading land without implementing soil erosion and sediment controls. Section NR 1-204 exempts agricultural land management practices, agricultural best management practices and agricultural structures; clearing and grading that disturbs less than five thousand square feet of land area and less than one hundred cubic yards of earth; and activities subject exclusively to state approval and enforcement. The District can grant a written variance under § NR 1-205 where strict adherence to the specifications would cause unnecessary hardship, but only after the developer submits a written request stating the specific variances sought and the reasons.

Plan review follows three steps: concept, site development and final. A concept plan must map natural resources and sensitive areas, including highly erodible soils and slopes greater than fifteen percent, and those areas stay undisturbed or the plan explains enhanced protection during construction. Drainage area maps use a one inch equals two hundred feet minimum scale and show provisions to protect downstream areas from erosion for a minimum of two hundred feet downstream or to the next conveyance system. The applicant certifies on the drawings that all work follows the plan.

A grading or building permit is not issued until the District approves the plan (§ NR 1-207). The permit expires two years from issuance unless extended or renewed, and the renewal application is due at least two months before expiration. When the inspection agency deems it necessary, the developer posts a bond equal to one hundred twenty-five percent of the cost of installing, maintaining and removing the controls shown on the approved plan (§ NR 1-208). The permittee keeps a copy of the approved plan on the site.

Violations & Fines

Under § NR 1-212, a violation is a misdemeanor punishable by a fine not exceeding $10,000.00 or imprisonment not exceeding one year, or both, for each violation, and each day is a separate violation. In minor cases the inspection agency can treat it as a civil infraction with a fine of not more than $2,500.00. A person who fails to install or maintain controls under an approved plan is liable to the County Commissioners or the state for damages equal to double the cost of installing or maintaining them.

Frequently Asked Questions

Do I need an erosion and sediment control plan to clear a small lot in unincorporated Worcester County?
Not if the clearing and grading disturbs less than five thousand square feet of land area and less than one hundred cubic yards of earth, which § NR 1-204(a)(2) exempts. Above those limits, a person cannot clear or grade without first obtaining a plan approved by the Worcester Soil Conservation District, and the grading or building permit is not issued until that approval is in hand.
How long does an approved erosion plan last?
Under § NR 1-206(a)(8), as amended 7-18-2017 by Bill No. 17-7, approved plans remain valid for three years from the date of approval unless the District renews them. The permit itself expires two years from the date of issuance unless extended or renewed, and the renewal application goes in at least two months before the expiration date.
What happens if a site violates its approved plan?
The inspector gives written notice describing the violation, the required corrective action and the time period to fix it. If the violation persists past the date specified, § NR 1-210(b) directs the inspection agency to stop work on the site, except work needed to correct the violation. If reasonable efforts are not made, the agency refers the violation for legal action and can deny further permits.
Can I get a variance from the erosion control standards?
The District can grant a written variance from the Standards and Specifications if strict adherence would result in unnecessary hardship and not fulfill the intent of the subtitle. The developer submits a written request stating the specific variances sought and the reasons, and the District does not grant one until sufficient specific reasons justifying it are provided (§ NR 1-205).

Sources & Official References

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