Stormwater Management Concept Approval Process
The goal of stormwater management is to control runoff from developed properties to minimize stream erosion and the discharge of pollutants into the environment. A stormwater management (SWM) concept typically includes a drawing and narrative which describes the manner in which stormwater runoff from a proposed development will be controlled. An approved stormwater concept is not an approval for construction. If a project requires stormwater management, approval of a concept must be obtained before a Sediment Control permit application may be submitted. Please see Montgomery County Code Chapter 19 for more information.
Concept approval is required prior to most Maryland-National Capital Park and Planning Commission (M-NCPPC) approvals, including preliminary plans and site plans, and for most other development activity. This approval is also required for constructing anything other than a single-family home on a residential lot, such as a business, group home or religious institution.
The following development activities are exempt from this approval:
• Additions or modifications to an existing residential or commercial structure with less than 5,000 square feet of land disturbance
• Agricultural activities
• Land development activities regulated at the state level
• Activities that disturb ground solely for maintenance, such as parking lot repair or mill and overlay projects
• Forest Harvest permits
• Although not specifically exempt by law, construction of an individual single-family home on a recorded lot is generally not required to submit a SWM concept
There are a few different types of SWM concept application, depending on the nature of the project. Note that a project located within a Special Protection Area (SPA) has specific application requirements as outlined below.
CATEGORIES:
• Stormwater Concept – The first stage of review for projects that will be going to the Montgomery County Planning Board for a separate Site Plan approval after approval of a Preliminary Plan. A Stormwater Management Concept approval is required prior to approval of a Preliminary Plan by the Montgomery County Planning Board.
• Site Development Stormwater Management Concept – The final conceptual review stage for projects that will be going to the Montgomery County Planning Board for a separate Site Plan approval after approval of a Preliminary Plan.
• Combination Concept/Site Development – For all projects that are not going to the Montgomery County Planning Board for a separate Site Plan approval, including or for projects that are going through a combined Preliminary/Site Plan process.
• SPA Preliminary Water Quality Plan (PWQP) – The first stage of review for Special Protection Area projects that will be going to the Montgomery County Planning Board for a separate Site Plan approval after approval of a Preliminary Plan., A PWQP approval is required prior to approval of a Preliminary Plan by the Montgomery County Planning Board.
• SPA Final Water Quality Plan (FWQP) – The final conceptual review stage for Special Protection Area projects that will be going to the Montgomery County Planning Board for a separate Site Plan approval after approval of a Preliminary Plan.
• Combination SPA Preliminary and Final Water Quality Plan - For all projects that are not going to the Montgomery County Planning Board for a separate Site Plan approval, including projects that are going through a combined Preliminary/Site Plan process or are going to Mandatory Referral.
• SPA Water Quality Inventory – A conceptual stormwater and sediment control review for Special Protection Area projects which are exempt from Preliminary or Final Water Quality Plan requirements.
Approval of a Natural Resource Inventory/Forest Stand Delineation (NRI/FSD) by the M-NCPPC is required prior to concept approval. Additional approvals may be needed depending on the nature of the project.
Concept reviews can typically be obtained in three to four weeks following a mandatory three-week agency comment period which is required for the initial submittal. Subsequent review times are typically two to three weeks. Factors that may impact final approval time include project complexity and size, completeness and quality of the submissions, obtaining other approvals, downstream property notifications, and staff workload.
The approval is valid for the life of the associated plan approved by MNCPPC or the term of the applicable law and Executive Regulation at the time of approval. However, if there are subsequent additions or modifications to the development, a concept revision or reconfirmation will be required.