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Frederick, MD Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing chapter
City Code Ch. 28, Stormwater Management
Plan reviewer
City Engineer
Plan review steps
Concept, development, final plan
Exempt disturbance
5,000 sq ft or less
Security required
Letter of credit before permit
Penalty
$500/day municipal infraction

Summary

Frederick requires an approved stormwater management plan before any grading or building permit is issued for new development or redevelopment, under City Code § 28-15. The City Engineer reviews a three-step concept, development, and final plan process, and violators face a $500-per-day municipal infraction.

(a)Permit requirement. The City Engineer may not issue a grading or building permit for any site unless the development is exempt from this article; or:(1)Final erosion and sediment control and stormwater management plans have been approved;(2)Easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way have been approved and recorded in the Land Records of Frederick County;(3)A stormwater management maintenance agreement meeting the requirements of this article has been submitted;(4)The applicant evidences permission from adjacent affected property owners, in accordance with this article; and(5)Security as described in this article has been provided.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Management Code: Supplement 13 | Code of Ordinances: Supplement 112).

Full Breakdown

City Code § 28-7 requires stormwater management measures for any development that disturbs land in Frederick, unless the project is exempt because it disturbs 5,000 square feet or less, involves agricultural land management, or is regulated directly by the Maryland Department of the Environment. Section 28-14 requires an applicant to submit a stormwater management plan to the City Engineer through a three-step review: a concept plan, a development plan, and a final stormwater management plan that includes a final erosion and sediment control plan, with the City Engineer coordinating comments from the Soil Conservation District and the Department of Public Works at each phase.

Under § 28-15, the City Engineer may not issue a grading or building permit unless the final erosion and sediment control and stormwater plans are approved, required easements for the facility and its access are recorded in the Frederick County land records, a maintenance agreement is submitted, and the applicant has documented permission from any adjacent property owners affected by the design. Section 28-16 also requires the owner to post security, such as an irrevocable letter of credit, equal to the estimated construction cost of the stormwater facilities before a permit issues; the City releases the security in stages, finishing only after a final inspection and approved as-built plans.

Retention ponds over 1,000 square feet with water more than 18 inches deep must be fenced at least 42 inches high under § 28-17, unless the pond uses benching or 4:1 slopes instead. The Director may suspend or revoke a grading or building permit under § 28-15(b) for plan violations, unapproved construction changes, or an immediate downstream danger.

Violations & Fines

Violating any provision of Chapter 28 is a municipal infraction punishable by a $500 fine under § 28-21(b), with each day of continued violation a separate offense. The City may also sue for injunctive relief or damages, recover its enforcement costs including attorney and consultant fees, and place unpaid abatement costs as a lien on the property collected the same way as City taxes.

Frequently Asked Questions

Does every construction project in Frederick need a stormwater permit?
No. Section 28-7 exempts agricultural land management, additions to single-family homes disturbing 5,000 square feet or less, and any project disturbing 5,000 square feet or less overall. Everything else must submit a stormwater management plan to the City Engineer before a grading or building permit is issued.
What has to be approved before Frederick issues a grading permit?
Under § 28-15, the City Engineer must have approved the final erosion and sediment control and stormwater management plans, recorded the required facility and access easements in the Frederick County land records, received a signed maintenance agreement, and confirmed permission from any affected adjacent owners.
Do retention ponds have to be fenced in Frederick?
Only if the pond exceeds 1,000 square feet with water deeper than 18 inches and doesn't use benching or slopes flatter than 4:1, per § 28-17. When required, the fence must be at least 42 inches high, unclimbable, and kept locked.

Sources & Official References

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