Stormwater Management Ordinance and Other Revisions to Ordinances

Phone 301-258-6330 Fax 301-258-6336 Email plancode@gaithersburgmd.gov

On April 24, 2007, Governor O’Malley signed the “Stormwater Management Act of 2007” (Act), which became effective on October 1, 2007.  (Link to the State of Maryland’s web site http://www.mde.state.md.us/Programs/WaterPrograms/SedimentandStormwater/swm2007.asp  )

The purpose of the Act is to improve water quality of Maryland’s waterways, from tributaries, streams and creeks to the Chesapeake Bay.  The Act requires that environmental site design (ESD), through the use of nonstructural best management practices (BMP) and other better site design techniques, be implemented to the maximum extent practicable to manage stormwater runoff.  This means that the State, through legislation, is trying to get the water in the ground faster with less use of structural measures such as underground piping and large SWM ponds.  The Maryland Department of the Environment (MDE) was charged with implementing the SWM Act.  MDE’s first step was to update the Maryland’s Stormwater Design Manual and add a new chapter concerning ESD practices. This was completed in May 2009 and is now part of the State regulations.  The second step was to prepare a model ordinance to assist Maryland jurisdictions in preparing ordinances that comply with the SWM Act. This was completed in June 2009.  Each jurisdiction is required to draft an ordinance, have it approved by MDE and then adopted so that it is in effect as of May 4, 2010.

The City of Gaithersburg received formal approval of its Stormwater Management Ordinance from the Maryland Department of the Environment on April 6, 2010.  This approval follows the adoption of the Stormwater Management (SWM) Ordinance, Chapter 8 of the City Code, by the Gaithersburg Mayor and City Council on Monday, April 5, 2010.  Additionally, the Mayor and City Council adopted four other pieces of legislation related to the State of Maryland Stormwater Act of 2007, including changes to the City’s Street and Sidewalks, Subdivision, and Zoning Ordinances and the Environmental Standards for Development Regulations.

On April 7, 2010, the Administrative, Executive, and Legislative Review Committee of the State Legislature voted to adopt emergency stormwater regulations to formalize provisions for grandfathering and make changes to redevelopment requirements.  Soon after MDE issued a revised Model Ordinance outlining suggested language for municipalities to follow to incorporate grandfathering and redevelopment standards including Administrative SWM waivers.  The City modified the language of the newly adopted ordinance O-4-10 and on June 21, 2010, the Mayor and City Council adopted as emergency legislation ordinance, O-12-10, which added “Grandfathering, Administrative and other SWM waivers, and Redevelopment Standard.  The ordinance became effective on June 21, 2010.

For further information and correspondence concerning the ordinance revisions related to stormwater management, please contact Trudy Schwarz at tschwarz@gaithersburgmd.gov or by phone at 301-258-6330

"Alphabet Soup" of Stormwater Management Terms BMP – Best Management Practices ESD – Environmental Site Design MDE – Maryland Department of the Environment MEP – Maximum Extent Practicable NPDES - National Pollutant Discharge Elimination System SEC – Sediment and Erosion Control SWM – Stormwater Management