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Maryland · Through 2026-01-01

Md. Code, Local Government § 13–704

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  1. Article - Local Government

(a) The County Commissioners of Calvert County may provide for:

(1) the enforcement and correction of violations of an erosion and

sediment control ordinance for Calvert County;

(2) the collection of the costs of any enforcement and corrective

actions authorized in item (1) of this subsection; and

(3) the enforcement of this section and of the Erosion and Sediment

Control Ordinance by the imposition of civil penalties provided under subsection (d)

of this section.

(b) (1) Calvert County shall send written notice, by certified mail or

personal service, of noncompliance to a permittee and the surety if:

(i) erosion and sediment control work does not comply with a

permit or approved plans; and

(ii) the county wants to enforce the security that was required

for the work.

(2) The notice shall include:

(i) the nature of the corrections required; and

(ii) the time within which the corrections shall be made.

(3) The county shall post a stop–work notice on the site if:

(i) the permittee does not act on the notice within the time

specified in the notice; or

(ii) the situation is of a critical environmental nature.

(4) If a stop–work notice is posted on a site, no further work is

authorized on the site, except as allowed by the county engineer or the county

engineer’s designee.

(5) If the permittee does not begin and diligently continue the

corrections within 5 days after receiving written notice:

(i) the permittee is in default of the obligations imposed under

this section; and

(ii) the county engineer may take immediate action to enforce

the security.

(c) (1) If the county engineer or the county engineer’s designee

determines that there is imminent and substantial environmental harm because of

the instability of the site, Calvert County may perform work at the site sufficient to:

(i) eliminate any public safety problem; and

(ii) provide environmental stabilization and protection.

(2) A grading permit authorizes employees of the county engineering

department or the department’s approved designees to enter the site to undertake

work in accordance with paragraph (1) of this subsection.

(3) A charge for the cost of work performed by the county or its

contractors under this section shall:

(i) be imposed on the owner of the property in the same

manner as county real property taxes are imposed;

(ii) have the same priority rights as county real property taxes;

(iii) bear the same interest and penalties as county real

property taxes; and

(iv) be treated as county real property taxes are treated.

(4) The property owner shall be charged the maximum legal rate of

interest.

(d) (1) A violation of the Erosion and Sediment Control Ordinance of

Calvert County is a civil violation.

(2) Each separate day that a violation of the Erosion and Sediment

Control Ordinance remains uncorrected is a separate violation, subject to an

additional citation and fine in the amount required under paragraph (3) of this

subsection.

(3) The fine for a civil violation of the Erosion and Sediment Control

Ordinance is:

(i) for a first violation, $250;

(ii) for a second violation, $500;

(iii) for a third violation, $750; and

(iv) for a fourth or subsequent violation, $1,000.

(e) (1) A person who performs erosion and sediment control work in

Calvert County without first obtaining a permit is in violation of the Erosion and

Sediment Control Ordinance.

(2) In addition to the civil penalties provided under subsection (d) of

this section, if a person performs erosion and sediment control work without first

obtaining a permit, the county may enforce this section and take the same actions as

those provided in this section for permit violations, including:

(i) the issuance of stop–work orders; and

(ii) performing work on site to eliminate any public safety

problem and to provide environmental stabilization and protection.

(3) A charge for the cost of work performed in accordance with

paragraph (2) of this subsection shall be imposed as provided in subsection (c)(3) of

this section.

(f) (1) On verification of a violation of the Erosion and Sediment Control

Ordinance, an inspector from the engineering department may deliver or mail a

citation to the person responsible for the violation.

(2) The citation is notification to the responsible person that the

person has been assessed a civil fine that is due and payable to Calvert County,

subject to the person’s right to stand trial in District Court.

(g) The citation shall be on a form adopted by the County Commissioners of

Calvert County and shall include:

(1) the date of issuance of the citation;

(2) the name and address of the person charged;

(3) the section number of the Erosion and Sediment Control

Ordinance that has been violated;

(4) the nature of the violation;

(5) the time and location of the violation;

(6) the amount of the civil fine assessed;

(7) the manner, location, and time period in which the fine is to be

paid;

(8) if applicable, a notice that each day of continued violation is a

separate violation subject to additional citation;

(9) the name, business address, and telephone number of the county

official familiar with the case; and

(10) a notice of the person’s right to elect to stand trial for the

violation, and instructions, including relevant time frames, necessary to exercise this

right to stand trial.

(h) (1) A person who receives a citation may elect to stand trial for the

offense by filing notice of intent to stand trial with Calvert County at least 5 days

before the payment date specified in the citation.

(2) After receiving the notice of intention to stand trial, the county

shall forward a copy of the citation and notice to the District Court.

(3) After receiving the citation, the District Court shall:

(i) schedule the case for trial; and

(ii) notify the defendant of the trial date.

(i) (1) Calvert County shall send a notice of the violation to the last

known address of a person who:

(i) receives a citation for a violation;

(ii) fails to pay the fine by the date of payment specified in the

citation; and

(iii) fails to file a timely notice of intention to stand trial.

(2) If, after 15 days from the date the notice is sent, the citation is

not satisfied, the person is liable for an additional fine not exceeding twice the original

fine.

(3) If, after 35 days from the date the notice is sent, the citation is

not satisfied, the county may request adjudication of the case through the District

Court.

(4) If the county requests adjudication under paragraph (3) of this

subsection, the District Court shall schedule the case for trial and summon the

defendant to appear.

(j) The County Commissioners of Calvert County may designate the

County Attorney or the State’s Attorney to represent the interests of the county and

prosecute a civil violation under this section before the District Court.

Collected 2026-09-14T19:59:58Z. Source file · JSON

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