Do I Need
A Permit?
Anyone planning to construct, reconstruct, repair or alter a dam
or reservoir in the State of Maryland must receive a permit from MDE Dam Safety
or, if the structure qualifies as a small pond, approval by the local SCD or
MDE designee. Note that this regulatory requirement includes construction and
alteration of the “reservoir” as well, thus work that is planned within the
impounded area requires review and approval even if the dam embankment is not
directly altered.
Normal maintenance activities at dams, reservoirs and their
appurtenant works is encouraged and demonstrates responsible ownership of said
structures. Accordingly, certain maintenance activities are considered exempt
from the requirement to obtain a permit. These activities are defined in Dam Safety Policy
Memorandum #11 – Activities Not Requiring a Dam Safety Permit.
Dam Safety permits do not relieve the applicant from the
requirement of obtaining any other necessary local, State or U.S. Army Corps of
Engineers permits. This may include, but is not limited to, erosion and
sediment control approvals, grading approvals, and MDE Non-Tidal Wetlands and
Waterways Division approvals.
For additional information about permitting, refer to the Maryland Dam Safety FAQ
How Do I Apply for a Permit?
Complete a "Joint Federal/State
Application for the Alteration of any Floodplain, Waterway, Tidal or Nontidal
Wetland in Maryland" application. Note that all owners of the dam
must sign the application, even if the work is proposed on only a single
parcel.
The application must be mailed with the original plus seven
copies of the application, plans, vicinity maps, and any supporting
documentation to: Regulatory Services Coordination Office (RSC) MDE, Water and
Science Administration, 1800 Washington Boulevard Baltimore, Maryland 21230.
Application materials that are specific to Dam Safety review
(e.g., breach analysis, inundation mapping, and basis of design reports) can be
emailed to MDE.DamPermits@Maryland.gov, or to
the assigned reviewer, if known.
What Information is Required for a Permit Application?
Each dam and project is unique; therefore, a general list of
required submittals should be discussed with the Dam Safety Permits Division
prior to making the application. Submittals that are required for nearly every
project regardless of size, complexity, dam type, and dam hazard classification
include:
- Detailed construction plans
- Project specifications
- Basis of Design Report (to
include the following items. Discipline specific reports should be
included as an appendix, as needed, and must include all supporting
calculations)
- Summary of proposed work and
project goals
- Summary of design standards
applicable to project
- Hazard Classification
Statement
- Dam Inspection Report (for
existing dams)
- Hydrology & Hydraulics
Report
- Dam Breach Analysis and Hazard
Classification Report
- Geotechnical Engineering
Report
- Structural Engineering Report
- Operation and Maintenance Plan
- New/Updated Emergency Action Plan (High
and Significant Hazard only)
- Memorandum of Land Restrictions
- Engineer-in-Charge (EIC) Affidavit and
resume
- Construction bond, irrevocable letter
of credit, or other security
The design plans must
be prepared by a licensed professional engineer, experienced in dam design and
construction, practicing in accordance with the licensure laws of Maryland.
Do I Qualify for a Small Pond Exemption?
Maryland laws allows
for a limited exemption from the requirement to obtain a permit from the Dam
Safety Permits Division provided certain criteria are met and the project is
submitted to the local SCD or MDE’s designee for review and approval. Dams that
meet the criteria below are referred to as “small ponds”:
- Drainage area to the pond must
be less than 640 acres; and
- The height of the pond
(measured from the upstream toe to the top of dam) must be less than 20
feet; and
- The dam must be a "low
hazard" structure, the failure of which is not likely to cause loss
of life or property damage. (Refer to MDE Guidance for Completing a Dam Breach Analysis for
Small Ponds and Dams in Maryland);
and
- The pond must have a maximum
storage volume less than 50 acre-feet.
Note that those small ponds located in a Use III watershed
(defined in COMAR 26.08.02.08) or within the watersheds of the Jones Falls,
Gwynns Falls, or Herring Run streams in or adjacent to Baltimore City cannot be
approved by the SCD or MDE’s designee. Instead, construction, reconstruction or
alteration of these small ponds must have a permit issued by the MDE Dam Safety
Permits Division.
Small
pond plans, analyses and specifications submitted to the SCD or MDE’s designee
must be prepared in accordance
with MD 378: USDA Natural
Resources Conservative Service (NRCS) Maryland Pond Code 378, January 2000. MD 14 Pond Summary
Sheet is to be
submitted with the plans to the SCD and forwarded to the Department as evidence
of the SCD approval (MDE.PondApprovals@Maryland.gov).
Ponds
located in Use III, Natural Trout waters must include design features that
mitigate thermal discharges. Refer to the MDE Stormwater Design Manual for thermal criteria and considerations.
Contact
Information
You may also call us
at (410) 537-3552. Our mailing address is:
Dam Safety Permits Division
Water and Science Administration
Maryland Department of the Environment
1800 Washington
Boulevard, Ste. 440
Baltimore, Maryland 21230-1708