A permit is required for most land disturbing activities within a floodplain district or for temporary or permanent construction involving placement of a structure, regardless of size of the disturbed area.

Minor land disturbing activities that disturb less than 5,000 square feet; are promptly stabilized to prevent erosion and sedimentation; and, do not substantially block or impede the flow of water or change the cross section are exempt.

A permit is not required if the land disturbing activity is for agricultural practices; except for the construction of agricultural structures.

A permit is not required for nursery operations related to the removal or transplanting of sod, shrubs, or trees.

Although a permit may not be required, any activity within a floodplain district is subject to DPS review.

A waterway construction permit from the State of Maryland Department of the Environment (MDE) may be required.

If associated with an engineered sediment control permit, approval of a floodplain district permit can take one to three months as it is issued concurrently with the sediment control permit. If not associated with an engineered sediment control permit, approval takes approximately four weeks.

To evaluate the portion of a project that may require a floodplain permit, the limits of the floodplain district must be established. If not already established, a floodplain study is required. It takes approximately six to eight weeks for review and approval of a floodplain study which is a prerequisite to obtaining a floodplain district permit.