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Washington County, MD Environmental Rules: Stormwater Management (2026)

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

Key Facts

Trigger threshold
5,000 sq ft of land disturbed
Design standard
ESD to the maximum extent practicable
Overbank storm event
10-year frequency storm
Embankment setback
10-15 ft from property line
Maximum fine
$10,000 per violation (criminal or civil)
Reviewing office
Division of Plan Review and Permitting

Summary

Washington County requires stormwater management measures for any development disturbing 5,000 square feet or more of land under Article 3 of its Stormwater Management Ordinance. Developers must use environmental site design to the maximum extent practicable, and violations are misdemeanors carrying fines up to $10,000 plus possible civil penalties.

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

3.1.1. The following development activities are exempt from the provisions of this Article and the requirement of providing SWM: ... C. Developments that do not singularly or cumulatively disturb 5,000 square feet or more of total land area... 3.5.1.A. SWM plans for development projects subject to this Article shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual...

Full Breakdown

1 of the county's Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance requires stormwater management (SWM) measures for any development or redevelopment that disturbs 5,000 square feet or more of total land area, with narrow exemptions for agricultural land management, minor additions to existing single-family homes, and activities the State regulates directly. A sets the core design standard: SWM plans "shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual," with the MEP (maximum extent practicable) standard met only when channel stability is maintained, predevelopment groundwater recharge is replicated, and nonpoint source pollution is minimized.

H requires overbank flood protection volume to be calculated using the 10-year frequency storm event, with the 100-year event used only if the Director of the Division of Plan Review and Permitting (DPRP) directs it. I imposes a physical setback: where a structural stormwater measure with an embankment is to become public infrastructure, a minimum 10-foot setback from the top of cut, or 15 feet from the toe of the embankment, is required to the closest property line. N requires a Stormwater Pollution Prevention Plan for land uses generating elevated pollutant loads.

Violations & Fines

Section 3.21.1 makes any violation of Article 3 a misdemeanor, punishable on conviction by a fine up to $10,000 or imprisonment up to one year, or both, with each day of violation a separate offense; the County Commissioners may also seek injunctive or mandamus relief. Section 3.21.2 separately authorizes the County Commissioners to bring a civil action, with courts empowered to impose a civil penalty of up to $10,000 per person and to enjoin the ongoing violation.

Frequently Asked Questions

When does a Washington County, Maryland project need a stormwater management plan?
Section 3.1.1.C of the county's SWM Ordinance requires a plan whenever a development or redevelopment disturbs 5,000 square feet or more of total land area, unless it falls under one of the Article's narrow exemptions for agriculture, minor home additions, or state-regulated activity.
What design standard governs new stormwater controls?
Section 3.5.1.A requires environmental site design (ESD) planning techniques to be used to the maximum extent practicable before any structural best management practice is allowed, sized to the Design Manual's recharge, water quality, and channel protection volume criteria.
What are the penalties for building without required stormwater controls?
Section 3.21.1 classifies a violation as a misdemeanor with a fine up to $10,000 or up to one year in jail, each day counted separately; Section 3.21.2 lets the County Commissioners additionally pursue a civil penalty up to $10,000 through the courts.

Sources & Official References

Other rules in Washington County

All Washington County rules

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