Baltimore Co. SWM Administrative Waivers Policy

ATTENTION BUILDERS & DEVELOPERS

Re: Baltimore Co. Stormwater Management Administrative Waivers Policy

On February 10, 2015, DEPS distributed an outline to the BCEA which clarifies the Stormwater Management Administrative Waivers Policy for Baltimore County. Attached herein is that information. If you have any questions regarding the policies listed, please contact us at D.S. Thaler & Associates, Inc.

Administrative waivers were granted on or before May 4, 2010. (BCC 33-4-112.1 (b))

Administrative waivers remain valid as long as final stormwater management and erosion and sediment control plans were approved on or before May 4, 201.3 (BCC 33-4-112.1(c)(1))

If a developer allows their plan(s) to lapse without obtaining a permit to start construction, they must comply with the new stormwater management regulations (ESD to the MEP). The plans will not be recertified after they expire.

If a developer obtains a permit while their stormwater management plan is valid, they must complete construction by May 4, 2017. (BBC 33-4-112.1(c)(2))

If a developer obtains a permit and has substantially but not completely finished construction by May 4, 2017, EPS may accept a partial as-built plan as compliance with BCC 33-4-112.1(c)(2) and allow the construction to be completed. For example, if grading commenced and a sediment basin has been installed, EPS may accept a partial as-built plan and allow conversion to a stormwater management pond after May 4, 2017 rather than making the developer comply with the ESD requirements.

If there are multiple basins or other stormwater features on a property and only one has been constructed, EPS may accept partial as-built plans for some portion of the site but require additional phases/portions to comply with ESD requirements.

The DEPS Director also retains the power to grant variances if May 4, 2017 passes and a developer has not submitted a partial as-built plan. (BBC 33-4-113)