Agenda Item 6B
Faden, Senior Legislative Attorney
Expedited Bill 1-13, Erosion and Sediment Control- Amendments
recommendation: enact with a minor amendment.
Expedited Bill 1-13, Erosion and Sediment Control - Amendments, sponsored by the
Council President at the request of the County Executive, was introduced on January 15, 2013.
A public hearing was held on February 5, at which Rick Brush of the Department of Permitting
Services (DPS), representing, the County Executive, was the only speaker (see testimony, ©62
63). After the hearing, the Montgomery Soil Conservation District and Poolesville Farmers
submitted comments (see ©64-66). A Transportation, Infrastructure, Energy and Environment
Committee worksession was held on March 11, at which the Committee recommended
enactment of the Bill with one amendment.
Bill 1-13 would bring County erosion and sediment control requirements into compliance
with the Maryland Stormwater Management Act of 2007 and the 2011 Maryland Standards and
Specifications for Soil Erosion and Sediment Control, and require persons that engage in land
disturbing activity in a special protection area to pay a monitoring fee to the Department of
Environmental Protection instead of developing and implementing their own best management
practices monitoring plan.
Both the Soil Conservation District (see ©64-65) and Poolesville
Farmers (see (66) objected to language in the Bill (see ©4, lines 34-36) that would exclude
logging and timber removal and nursery operations from the definition of (and exemption for)
"agricultural land management practice". Poolesville Farmers also objected to certain other
provisions relating to agriculture, some of which are in the current law. The Committee
recommended adoption ofthe amendment requested by the District (see ©4line 36).
This packet contains:
Expedited Bill 1-13 with Committee amendment
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
Soil Conservation District letter
Poolesville Farmers memo
F:\LAW\BILLS\130 I Erosion And Sediment Control\Action MemoDoc