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County of Anne Arundel

Anne Arundel Stormwater Laws & Regulations

The County of Anne Arundel regulations (Anne Arundel County Code 16-4) are compliant with the National Pollutant Discharge and Elimination System (NPDES) permit requirements for the county’s Municipal Separate Storm Sewer System (MS4). The Ecological Assessment Program administers Phase II MS4 permits within the county, and the Department of Public Works ensures compliance with permit requirements.

EXCERPT- Anne Arundel County Code, 2005

article 16. floodplain management, erosion and sediment control, and stormwater management

title 4. stormwater management

SUBTITLE 2. STORMWATER MANAGEMENT PLANS

16-4-201. Stormwater management plans required.

(a) Requirement. A developer may not undertake any development or land disturbance that is subject to the provisions of this title without an approved stormwater management plan.

(b) Preparation. A stormwater management plan shall be prepared by a design professional, according to the requirements of the State Code for the type of stormwater management plan required.

(1) ESD Planning Techniques and Practices. Stormwater management plans shall demonstrate that environmental site design (ESD) has been implemented to the maximum extent practicable (MEP) using the ESD Planning Techniques and Practices in COMAR 26.17.02.08B, the Design Manual, and the County Procedures Manual.

(2) Contents and submission of stormwater management plans. The developer shall be responsible for submitting phased stormwater management plans for development projects according to the comprehensive review and approval process in COMAR 26.17.02.09E and the County Procedures Manual including, but not limited to, the concept plan, stormwater management site development plan, the final stormwater management plan, and an operations and maintenance plan.

(c) Review. The Department shall review the stormwater management plan to determine whether the plan meets the requirements of this title and give notification of approval or reasons for disapproval. For single lot development in the critical area, the Office of Planning and Zoning shall review the stormwater management plan to determine whether the plan meets the requirements of this title and give notification of approval or reasons for disapproval. In granting approval of a stormwater management plan, the Office of Planning and Zoning or the Department may impose such conditions as it considers necessary to ensure compliance with the provisions of this title and the preservation of the public health and safety.

(d) Additional approvals required. If the stormwater management plan includes stormwater management practices that require small pond approval, a stormwater management plan shall be approved by the MDE and by the Anne Arundel Soil Conservation District.

(e) Easements, right-to-discharge, and other property interests. If a stormwater management plan involves direction or relocation of some or all of the stormwater runoff from the site in a manner that materially alters the flow characteristics of depth, velocity, width, or rate, or concentrates the discharge, a developer shall obtain from abutting and adjacent property owners any necessary easement, right-to-discharge, or other property interest concerning flow of water. This does not relieve the developer from obtaining any necessary easements, right-to-discharge, or other property interest concerning flow of water from adjacent property owners.

(f) Summary sheet. The plan shall include a summary sheet that lists the types of practices being utilized, their street location and addresses, the grid coordinates in NAD 83, and the size of the drainage area being treated.

(Bill No. 58-10; Bill No. 74-11; Bill No. 65-17)

SUBTITLE 3. INSPECTIONS, COMPLETION OF WORK, AND MAINTENANCE

16-4-303. Maintenance.

(a) Generally. The property owner shall perform preventive maintenance to ensure that a private stormwater management system is functioning properly. The Department shall inspect all private stormwater management practices every three years after release of the grading permit security or, for best management practices that require a warranty under § 16-4-302(c), after the expiration of the two-year warranty, as extended, to ensure that preventive and routine maintenance is performed.

(b) Inspection reports. The Department shall prepare and keep maintenance inspection records for all stormwater management systems as required by COMAR 26.17.02.11 and the County Procedures Manual.

(c) Immediate danger. If, on inspection by the Department, the condition of a stormwater management practice presents an immediate danger to the public health, safety, or the natural environment because of an unsafe condition or improper maintenance, the Department shall take such action as may be necessary to protect the public and make the practice safe. Any cost incurred by the County shall be billed to the property owner and shall be paid within 30 days of the date of the bill, and any amount unpaid 30 days after the date of the bill shall be collected as provided in § 1-8-101 of this Code.

(Bill No. 58-10; Bill No. 74-11; Bill No. 23-17; Bill No. 67-20)

16-4-401. Private stormwater management.

(a) Inspection and maintenance agreement. Before the issuance of a grading permit for property that will have private stormwater management, the owner of the property shall execute an inspection and maintenance agreement with the County.

(b) Scope of agreement. The inspection and maintenance agreement shall:

(1) provide that the owner is responsible for installation of the private stormwater management;

(2) adopt by reference and incorporate the final stormwater management plan and the maintenance schedule required by § 16-4-201(c);

(3) require the owner to maintain inspection records for the stormwater management system and to supply them to the Department every three years or upon request;

(4) prohibit the owner from altering the private stormwater management without prior approval from the Department;

(5) allow the County or its agents to access the private stormwater management system to ensure that the system is properly still in place and maintained and functioning as intended;

(6) allow the Department to perform any necessary work to correct a violation and return the stormwater management practice to proper working condition if the property owner, after reasonable notice from the Department, fails to correct a violation;

(7) provide that the cost of work performed by the Department be levied and collected from the owner of the property in accordance with subsection (c);

(8) bind subsequent owners of the property to the agreement; and

(9) be recorded among the land records of the County.

(c) Liability for cost of work performed by the Department. The cost of work performed by the Department under the provisions of this section shall be billed to the property owner and shall be paid within 30 days of the date of the bill, and any amount unpaid after 30 days of the date of the bill shall be collected as provided in § 1-8-101 of this Code.

(d) Repairs, restoration, and maintenance by owner. The owner of property with a private stormwater management practice, and any other person or agent in control of the property, shall maintain the private stormwater management and promptly repair and restore it so that it remains at all times in a condition that is in accordance with the final stormwater management plan.

(Bill No. 58-10; Bill No. 23-17)