Md. Code, Local Government § 21–637

(a) In the review and approval by Montgomery County, Prince George’s

County, or the City of Takoma Park of the requirements for storm drainage or

stormwater management, the county or city may require the owner of land to be

developed to:

(1) provide easement areas or on–site stormwater management

facilities; and

(2) agree to construct the necessary facilities or provide for the

construction by posting a bond in an amount sufficient to construct the stormwater

management facilities that the county or city considers necessary.

(b) (1) If the county or the City of Takoma Park decides to construct

stormwater management facilities to serve more than one development or if the

county or city agrees to allow the owner or developer to construct a stormwater

management system, the county or city may enter into an agreement with the

developers of new developments for payment by the developers of a fee in lieu of on–

site stormwater management facilities.

(2) The fee in lieu of on–site stormwater management facilities shall

be based on an equitable pro rata share of the net cost of the facilities after deducting

any State or federal grants applied to the construction of the facilities.

(c) The county or the City of Takoma Park may require the owner’s bond or

the contribution of a pro rata share of the net cost for the construction of facilities in

adjacent or nearby land in the same drainage area that the county or city may

determine will be required because of the development of the owner’s land.

(d) Easements required by the county or the City of Takoma Park shall have

the restrictions that the county or city may require as to:

(1) grading; and

(2) prohibiting structures, fences, or plantings on the easement area.

(e) (1) The Maryland–National Capital Park and Planning Commission

may not approve a plat for subdivision of land until it ascertains from the county, the

City of Bowie, or the City of Takoma Park, whichever is appropriate, whether

easement areas for stormwater management facilities are required.

(2) If easement areas are required, the Maryland–National Capital

Park and Planning Commission may not approve the plat for recordation until the

easements are included on the plat.