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

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

Key Facts

Permit gate
No grading/building permit w/o approved SWM plan
Reviewing agency
Dept. of Public Works + Soil Conservation District
Performance bond
150% of estimated construction cost
Agricultural exemption
Bond waived for farm accessory buildings
Max penalty
$1,000 fine and/or 1 year, plus $50,000 costs cap

Summary

New development and redevelopment in unincorporated Wicomico County cannot get a grading or building permit without an approved stormwater management plan meeting the state Design Manual, plus recorded easements, a maintenance agreement and a performance bond where required.

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

A grading or building permit may not be issued for any parcel or lot unless final erosion and sediment control has been approved by the SCD and stormwater management plans have been approved by the Wicomico County Department of Public Works as meeting all the requirements of the Design Manual and this chapter. Where appropriate, a building permit may not be issued without: A. Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way; B. A recorded stormwater management maintenance agreement as described in § 196-24 of this chapter; and C. A performance bond or alternative as described in § 196-20 of this chapter.

Full Breakdown

Wicomico County's Stormwater Management chapter, adopted under the state Environment Article, requires every development for residential, commercial, industrial or institutional use to provide stormwater management measures controlling runoff, designed consistent with the Maryland Stormwater Design Manual and built to an approved plan. The permit gate is explicit: a grading or building permit may not be issued for any parcel or lot unless final erosion and sediment control has been approved by the Soil Conservation District and stormwater management plans have been approved by the Wicomico County Department of Public Works as meeting the Design Manual and the chapter's requirements.

Where appropriate, the building permit also requires recorded easements for the stormwater facility and for inspection and maintenance access, a recorded stormwater management maintenance agreement, and a performance bond or equivalent security. That bond, once required, must equal at least 150% of the estimated construction cost of the stormwater facilities, though the bond requirement is waived for agricultural uses including farm accessory buildings. Owners and developers submit phased plans, concept, site development and final construction, to the Department of Public Works for review, and permits can be suspended or revoked for violating plan conditions, changing site runoff characteristics, building outside the approved plan, ignoring correction notices or stop-work orders, or where the county sees immediate downstream danger.

Anyone aggrieved by a permit disapproval or a notice of violation can appeal to the Board of Appeals within 30 days. Violations are prosecuted as misdemeanors: a conviction carries a fine of not more than $1,000 or imprisonment not exceeding one year, or both, per violation, with court costs capped at $50,000, and the Director of Public Works or a designee can also issue civil-infraction citations, with each day of continued violation a separate offense.

Violations & Fines

Developing without an approved stormwater management plan, or violating an issued stormwater permit, is a misdemeanor under § 196-35, punishable by a fine of not more than $1,000 or imprisonment of up to one year, or both, per violation, with court costs capped at $50,000; the Director of Public Works may also issue civil-infraction citations, and each day of violation is a separate offense.

Frequently Asked Questions

Can I get a building permit in Wicomico County without a stormwater plan?
No. Section 196-16 states a grading or building permit may not be issued unless erosion and sediment control is approved by the Soil Conservation District and a stormwater management plan is approved by the Department of Public Works.
How big a bond does a developer need to post for stormwater facilities?
At least 150% of the total estimated construction cost of the stormwater management facilities, per § 196-20A, though the bond is waived for agricultural uses like farm accessory buildings under § 196-20C.
What is the penalty for violating Wicomico County's stormwater ordinance?
Section 196-35 makes it a misdemeanor punishable by up to $1,000 in fines and/or a year in jail per violation, with court costs capped at $50,000, and each day of continued violation is a separate offense.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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