MD.190.8.2, ECS - Stormwater Management Plans

Maryland Bulletin: 190-8-2
Subject: ECS - Stormwater Management Plans
Date: January 23, 2008

Purpose. To clarify NRCS's role concerning development, review and approval of Stormwater Management Plans.

Expiration Date. September 30, 2008.

Explanation.  Maryland's Stormwater Management regulations require that a Stormwater Management Plan be developed and approved before undertaking any earth-disturbing activity in excess of 5,000 square feet. Stormwater management regulations apply to development or redevelopment of land for residential, commercial, industrial or institutional use, but do not apply to agricultural land management practices (COMAR 26.17.02.01 B). "Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation related soil and water resources (COMAR 26.17.02.02 B(2)). The 2000 Maryland Stormwater Design Manual, Volumes I & II (Maryland Department of the Environment, April 2000) is incorporated by reference into the regulations, and serves as the official guide for stormwater management principles, methods and practices. Each county is required to develop and implement a stormwater management program. A grading or building permit cannot be issued for a property unless a stormwater management plan has been approved by the county. In a few counties, approval authority for stormwater management plans is delegated by law (local ordinance or code) to the Soil Conservation District. The county then provides the funding for staff who review and approve the plans.

The Natural Resources Conservation Service (NRCS) has no official role under state or federal law for development, review or approval of Stormwater Management Plans. According to NRCS policy (National Engineering Manual, Parts 505.00 (a) and 505.10 (a) (1)), NRCS cannot engage in engineering services and activities that are in direct conflict or competition with services available in the private sector. NRCS generally provides engineering assistance for small jobs involving agricultural conservation practices such as manure storage structures, composters, heavy use area protection, grassed waterways, etc. These are jobs for which the private sector is not usually able or willing to provide engineering services. Conservation practices that are funded by NRCS programs are a priority for NRCS assistance. For large projects involving multiple activities, NRCS strongly encourages the use of non-NRCS engineering services to perform field surveys, soil and geologic investigations and other special investigations, and to provide construction inspection services.

NRCS employees do not have the statutory authority to provide official review or approval of stormwater management plans. At the request of the local Soil Conservation District (SCD), NRCS can provide technical review for stormwater management ponds that need small pond approvals. By regulation (COMAR 26.17.02.09 A), the SCD is required to be contacted if a small pond approval is needed for a stormwater management pond. Ponds that require small pond approvals must meet the NRCS Practice Standard for Pond - Code 378, and the design must be prepared by a professional engineer licensed in Maryland.

The SCD or county may request consultation assistance from NRCS if there are questions concerning the technical adequacy of a proposed Stormwater Management Plan. To the extent that our Farm Bill workload allows, NRCS will continue to provide technical support to the Soil Conservation Districts and other Conservation Partners.

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

JON F. HALL
State Conservationist

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