Worcester County, MD Environmental Rules: Erosion Control (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.
(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?
How long does an approved erosion plan last?
What happens if a site violates its approved plan?
Can I get a variance from the erosion control standards?
Sources & Official References
Other rules in Worcester County
Compare Worcester County to another location·View the Maryland environmental rules overview
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