Showing ordinances that apply to South Kensington, MD
South Kensington is an unincorporated community (population 8,829) in Montgomery County, Maryland. Because South Kensington is not an incorporated city, it does not have its own municipal code. Instead, Montgomery County ordinances apply directly to properties here. The grading & drainage rules below are the ones that govern your area.
DPS grading permits are required for 5,000+ sq ft disturbance or any work altering drainage. No adverse impact on neighbors allowed. Extra rules in floodplains and SPAs.
Montgomery County requires a grading permit from the Department of Permitting Services (DPS) for earth disturbance activities that alter existing topography or drainage patterns. This includes excavation, filling, grading, and any work that changes the direction or volume of stormwater runoff. The grading permit process requires a site plan showing existing and proposed grades, drainage patterns, stormwater management, and sediment control measures. The applicant must demonstrate that grading will not adversely affect drainage on neighboring properties. In Special Protection Areas (SPAs) such as the Clarksburg and Upper Paint Branch watersheds, enhanced standards apply including water quality plan approval and monitoring. Work within the 100-year floodplain requires a floodplain district permit under Chapter 19, Article IV, and must demonstrate no rise in base flood elevation. Stream buffer requirements prohibit most disturbance within 100 feet of perennial streams (expanded to 125 feet in SPAs). Montgomery County also has a forest conservation law (Chapter 22A) that may require tree save plans and reforestation for projects involving grading on forested land. All grading must comply with geotechnical requirements; sites with steep slopes (25 percent or greater) or unstable soils require geotechnical investigation reports. DPS coordinates with DEP, Parks, and Planning for multi-agency review of complex grading projects.
Grading without a permit triggers immediate stop-work orders and fines up to $1,000 per day. Causing adverse drainage impacts to neighboring properties may result in mandatory corrective grading at the violators expense. Floodplain violations carry additional federal (FEMA) and state penalties.
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