MD.190.8.1, ECS - Erosion and Sediment Control Plans

Maryland Bulletin: 190-8-1
Subject: ECS - Erosion and Sediment Control Plans
Date: October 12, 2007

Purpose. To clarify NRCS's role concerning Erosion and Sediment Control Plans, including plans for Forest Harvest Operations.

Expiration Date. September 30, 2008.

Explanation.  Maryland's Erosion Control Law and regulations require that an erosion and sediment control plan be developed and approved before undertaking any earth-disturbing activity in excess of 5,000 square feet or 100 cubic yards. This requirement applies to construction on residential, commercial, industrial, and institutional sites as well as to timber harvest projects. The Code of Maryland Regulations (COMAR) 26.17.01 specifies the general provisions for plan submittal, review, and approval by the local Soil Conservation Districts (SCD's) or other state or local entities. The Maryland Department of the Environment's (MDE's) handbook titled "1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control" is incorporated by reference in COMAR, and serves as the official guide for erosion and sediment control principles, methods, and practices. A similar MDE document, "Soil Erosion and Sediment Control Guidelines for Forest Harvest Operations in Maryland", is applicable for forest harvest operations. (The latest update of this document is currently available in draft form.)

NRCS has no official role under state or federal law for review and approval of erosion and sediment control plans. As a resource agency, NRCS can offer technical advice to Soil Conservation Districts concerning the appropriate use of NRCS conservation practice standards in erosion and sediment control plans, and whether those planned practices sufficiently address the resource concerns of minimizing soil erosion and keeping sediment on-site.

NRCS employees do not have the statutory authority to provide official review or approval of erosion and sediment control plans. That role has been delegated under Maryland state regulations to the SCD's or other state or local entities. Therefore, NRCS Designated Conservationists shall not sign these plans. If the SCD requests NRCS review of a specific practice for which NRCS has issued a Maryland conservation practice standard, such as Pond (Code 378), the NRCS Designated Conservationist or appropriate technical specialist may transmit the results of the review via a letter or memo. It must be very clear that NRCS is reviewing only specific conservation practices as planned/designated to determine whether they meet the technical requirements of applicable Maryland NRCS conservation practice standards. NRCS will not be certifying that planned erosion and sediment control practices meet MDE's standards. Other individuals, such as Soil Conservation District employees who have had sufficient training and experience in erosion and sediment control, will need to determine whether these practices have been planned in accordance with MDE's "1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control".

Please be aware that a certification program for Professional Erosion and Sediment Control Specialists is offered by the Soil and Water Conservation Society and the International Erosion Control Association. While certification is not required by the State of Maryland, it can enhance the professional credibility of individuals who conduct erosion and sediment control reviews.  Additional information concerning the certification program can be found at http://www.ieca.org/education/CPESC/CPESCInchome.asp.

I want to emphasize that this clarification of NRCS' role concerning erosion and sediment control plans will in no way diminish our continued support of the Soil Conservation Districts and other Conservation Partners, and should help to streamline the review process.

Contact. If you have any questions, please contact Tansel Hudson, Anne Lynn or Allan Stall.

JON F. HALL
State Conservationist

< Back to 2008 Bulletins