Maryland § 9-323.1
Full text of Maryland Maryland Code § 9-323.1, with citation guidance and answers to common questions.
§ 9-323.1.
(a) Except as provided in subsection (c) of this section and for a construction site with a total proposed disturbed area of 5 acres or more, the Department may not authorize the discharge of stormwater associated with construction activity under a general discharge permit until the requirements under subsection (b) of this section are satisfied if any portion of the area of disturbance is located in:
(1) A watershed or catchment that drains to a receiving water designated as high quality under Department regulations;
(2) The Critical Area Buffer; or
(3) An area identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding.
(b) (1) Subject to paragraph (2) of this subsection, if the Department receives a written request within the public notification period of the general discharge permit, the Department shall extend the public notice period to 60 days to provide the requestor an opportunity to comment on the potential impact of inadequate construction site controls on waters of the State.
(2) The Department shall promptly:
(i) Acknowledge receipt of the written request;
(ii) Notify the applicant for the general discharge permit of the written request and include details regarding potential inadequacies of proposed construction site controls;
(iii) Request an electronic copy of the approved sediment control plan from the applicant and provide a copy to the requestor; and
(iv) Notify the applicant if any updates to the sediment control plan are required prior to final authorization of the general discharge permit.
(c) This section does not apply to construction activity that:
(1) Does not result in the establishment of any permanent residential, commercial, or industrial building; and
(2) Is solely intended to restore natural resources, reduce water pollution, or improve water quality.
Frequently Asked Questions About Maryland § 9-323.1
What does Maryland Code § 9-323.1 cover?
Section 9-323.1 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 9-323.1?
A common citation format is "Maryland Code § 9-323.1" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 9-323.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.