Significant changes have occurred in the small pond approval process in the State, due to the gap in technical review capability resulting from NRCS Bulletin 210-21-01. The Department supports local Soil Conservation Districts (SCDs) and the Department's designees as they work to ensure small pond review and approval can be carried out in accordance with state laws, regulations, and the Small Pond Approval policy.
Important policies, forms, and guidance documents can be found below.
To obtain a Small Pond Approval from MDE, please complete and submit a Joint Permit Application along with supporting documentation.
Small Pond Approval Process Policy
Pond Summary Sheet (Replaces MD-14)
Small Pond Design Review Checklist
Technical Review Affidavit
Template Small Pond Approval Document
As-Built Submission Checklist
As-Built / Project Completion Affidavit
Dam and Small Pond Approval Guidelines in Coldwater Resource Watersheds
Anne Arundel
Baltimore County
Carroll
Cecil
Charles
Frederick / Catoctin
Harford
Howard
Montgomery
Prince Georges
Washington
Small pond applications in the remaining jurisdictions should be directed to MDE Dam Safety.
The Maryland NRCS engineering staff may be able to perform technical reviews for a small pond, if the pond is part of an approved Conservation Plan. In these cases the NRCS engineers will perform the review, and route the small pond approval through your local SCD. For more information, contact jacob.dieguez@usda.gov
MDE will be offering quarterly “Office Hours” to discuss small pond topics, policy updates, and other non-project specific questions. Engineers are encouraged to seek out additional professional development training, which may be offered by organizations including the Association of State Dam Safety Officials, United States Society on Dams, American Society of Civil Engineers, and others.
In cases where SCD or NRCS engineering staff assist in the review of plans and analyses they are acting as an extension of SCD, and therefore do not need a Review Agency Agreement. Likewise, where MDE staff or MDE Designees review the pond, the agreement is not necessary.
The agreement is necessary where the SCD hires an on-call engineer, a private sector engineering firm, or a separate local or County agency.
Review declarations are necessary in all cases where the Technical Reviewer is not directly employed by the SCD, NRCS or MDE (e.g., third party engineering firms, consultant reviewers, reviewers from other public entities). SCD and NRCS Technical Reviewers must be granted appropriate Job Approval Authority by the State Conservation Engineer (or their delegate).
Review declarations should be kept on file with the SCD, and submitted to MDE with the Small Pond Summary Sheet.
Within 30 days of the end of each quarter (September 30, December 31, March 31, and June 30) in which the approval was granted, the SCD must provide to MDE a copy of the Small Pond approval, a small pond summary sheet, and a Technical Review Affidavit (as required). This can be submitted to MDE via email: MDE.PondApprovals@Maryland.gov or by mail (Maryland Department of the Environment, Attn: Chief, Dam Safety Permits Division, 1800 Washington Boulevard, Suite 440, Baltimore, MD 21230).
An as-built affidavit and completed checklist is required for all projects, regardless of review agency or approval entity.
Yes - when a pond retrofit is proposed the engineer must perform an inspection of the dam structure and identify any deficiencies. These deficiencies must be addressed as part of the retrofit project.
By accepting a small pond approval, a dam owner is obligated to ensure that the necessary as-built information is provided to the SCD/MDE. If as-built information is not received in a timely manner, the matter will be referred to MDE Dam Safety for enforcement. MDE Dam Safety may pursue the owner to obtain the as-builts, and may refer the pond to the local SWM authority and recommend that the treatment not be accounted for because the pond construction cannot be verified.
Please forward any comments, thoughts, or concerns to Jennifer Smith, Program Manager, Stormwater, Dam Safety, and Flood Management Program, at jenniferm.smith@maryland.gov, or John Roche, Chief, Dam Safety Permits Division at John.Roche@maryland.gov
