Allegany County, MD Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing chapter
- Chapter 360 Part 3, §§ 360-47 to 360-58
- Design standard
- 2000 Maryland Stormwater Design Manual
- Permit prerequisite
- Approved erosion/stormwater plan (§ 360-52A)
- Max misdemeanor fine
- $5,000 per violation plus up to 1 year jail
- Court costs cap
- Up to $50,000, court's discretion
- Appeal deadline
- 30 days to Appeals Board (§ 360-56)
Summary
Unincorporated Allegany County requires approved stormwater management plans for new and redevelopment projects under County Code § 360-49: no one may develop residential, commercial, industrial or institutional land without measures controlling runoff, unless the project is exempt. Plans must use environmental site design (ESD) to the maximum extent practicable under § 360-47, following the 2000 Maryland Stormwater Design Manual, before any structural best-management practice is considered.
§ 360-47. Purpose and authority. ... A. The purpose of this Part 3 is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures that control the adverse impacts associated with increased stormwater runoff. The goal is to manage stormwater by using environmental site design (ESD) to the maximum extent practicable (MEP) to maintain after development as nearly as possible, the predevelopment runoff characteristics, and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding, and use appropriate structural best management practices (BMPs) only when necessary. ... ... B. The provisions of this Part 3 ... shall apply to all development occurring within the unincorporated area of Allegany County. ... Allegany County shall be responsible for the coordination and enforcement of the provisions of this Part 3. ... ... § 360-49. Applicability. A. Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section.
Full Breakdown
Part 3 of Chapter 360 governs stormwater in unincorporated Allegany County, adopted under the Environment Article, Title 4, Subtitle 2 of the Annotated Code of Maryland and applying to development that had not received final erosion-and-sediment-control and stormwater approval by May 4, 2010 (§ 360-47B). Section 360-49's scope provision bars developing residential, commercial, industrial or institutional land without runoff-control measures, except where exempted, and ties design to the 2000 Maryland Stormwater Design Manual, incorporated by reference along with the USDA Pond Code 378 (§ 360-47C).
Section 360-50 sets the minimum control requirements: a developer must show that ESD techniques, such as preserving natural resources, minimizing impervious area and maintaining 100% of predevelopment groundwater recharge, have been implemented to the maximum extent practicable before any structural best-management practice like a pond or filtering system is used. The County can require stricter control than the minimum, including control of the ten-year storm event, where historical flooding or downstream conveyance problems exist. Culverts must safely carry at least the ten-year peak discharge, rising to the twenty-five-year peak flow along minor arterial roadways, with a minimum 12-inch diameter on private property and 15 inches where a culvert crosses a road (§ 360-50C).
No grading or building permit may issue until the County approves the final plan, and permits can require recorded easements, a maintenance agreement, and a performance bond under §§ 360-52 and 360-53. Section 360-56 allows an appeal within 30 days to an Appeals Board of the County Engineer, County Attorney and an outside stormwater expert, with further appeal to the Circuit Court for Allegany County.
Violations & Fines
A stormwater violation is a misdemeanor under § 360-57, punishable by up to a $5,000 fine or up to a year in jail, or both, for each violation, with court costs of up to $50,000 and each day of a continuing violation counted as a separate offense. The County can also suspend or revoke the grading or building permit under § 360-52C and seek an injunction.
Frequently Asked Questions
Does every construction project in unincorporated Allegany County need a stormwater permit?
What design standard do stormwater plans have to follow?
What happens if I violate the stormwater ordinance?
Can I appeal a stormwater permit denial?
Sources & Official References
Other rules in Allegany County
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