Background

The City's sediment control and stormwater management law, originally adopted in 1978, was the first in the State. It provides for erosion and sediment control during development construction and for control of stormwater runoff from the completed development. The law has been updated periodically to reflect changes in state law, most recently in 1991. In October, 2000, the State of Maryland adopted new stormwater management (SWM) requirements in the Code of Maryland Regulations (COMAR) Title 26, Subtitle 17.02. All counties and municipalities were required to incorporate the new state requirements in local ordinances, after obtaining approval of the revisions from the Maryland Department of the Environment (MDE).

On January 1, 2002, the City began requiring SWM designs to meet the new State of Maryland law and SWM Design Manual adopted in October 2000, as directed by the State. The City used the past nine months as a test period to apply the state's new SWM requirements through our regulatory review process. On September 9, 2002, the Mayor and Council adopted a new City ordinance and regulations to reflect the changes mandated by the Maryland Department of the Environment (MDE). Rockville City Code Chapter 19, "Sediment Control and Stormwater Management", and the Department of Public Works Sediment Control and Stormwater Management Regulations have been completely revised. The new ordinance and regulations were effective immediately upon adoption.

Summary of Proposed Changes

The revisions will accomplish several goals of the City's SWM program. The criteria for sizing and designing SWM facilities have been changed to make them more effective at pollutant removal and at reducing downstream erosion. MDE has published a new document, the "2000 Maryland Stormwater Design Manual, Volumes I and II", which is adopted by reference in the City's law as the official guide for SWM design principles and practices. The new law also provides for regulation and use of a wider range of watershed management techniques, including environmentally sensitive site design methods, stream restoration projects and other watershed improvements.

The sediment control and SWM approval processes have been separated and a new SWM Permit is established that covers SWM facilities and other watershed improvements, including stream restoration. The SWM waiver (i.e., Regional Participation) approval process was converted to an administrative review of SWM alternatives, and the triggers for requiring SWM or sediment control have been updated to comply with state regulations and to apply more evenly to the many small-scale projects common to City development. The City's Sediment Control Law and Regulations were updated as well at this time to clarify them and bring them into compliance with State COMAR 26.17.01, Erosion and Sediment Control. Staff has also simplified and clarified the SWM and sediment control laws and regulations.

The City's SWM fee schedule is revised to match the new approval process, but review fees generally are consistent with the previous schedule. The SWM monetary contribution option, which was associated with the SWM waiver process, is retained as a SWM alternative to on-site SWM. The total monetary contribution rate of $40,000/impervious acre for quantity control is unchanged, although it has been divided to recognize the two required levels of quantity control (channel protection control and overbank protection control) for cases where only one level is provided on-site. The quality control monetary rate increased from $6,000/impervious acre to $12,000/impervious acre to reflect the doubling of the quality control volume in the State law.