Council considers repeal-and-replace of Chapter 8 (stormwater and erosion control); record left open for further comment

City staff presented a proposed repeal and replacement of Chapter 8 of the Gaithersburg City Code — the city’s erosion, sediment control and stormwater management chapter — during a public hearing March 17.

Nancy (Environmental Services staff) summarized the updates: revised definitions, clearer inspection and permitting language, 3-year validity for approved plans, alignment with Chapter 24 code, the addition of an illicit-discharge detection and elimination manual, and an updated stormwater program manual. “The majority of the changes and updates … align with the updated state and federal regulations,” staff said.

Key changes and clarifications - Approved plans remain valid for three years from the date of approval. - If standards conflict, the most stringent requirement governs. - Stormwater management will be required upon a phase disturbance of 5,000 square feet; some projects under 2,000 square feet may be eligible for waiver under regulatory guidance. - Inspections must be performed by a city-certified inspector (training is available through the state program). - The stormwater facility credit program and the Rainscapes rebate program were updated to increase incentives and encourage resident participation. - The code now references the city’s common-ownership community maintenance transfer program and adds an illicit-discharge manual as Article 6.

State review and procedural details Staff said the Maryland Department of the Environment reviewed the draft and requested minor clarifications, including the cumulative effects of phased projects and the 5,000-square-foot permitting threshold. Staff recommended the council hold the record open for supplemental comments; the Mayor and Council voted to hold the record open until 5:00 p.m. on March 31, 2025, with anticipated policy discussion and final action on April 21, 2025.

Questions from council Council members asked about the number of certified city inspectors and outreach to homeowners’ associations that manage stormwater facilities. Staff replied they have certified inspectors in planning and environmental services and had contacted HOAs with on-site stormwater best-management practices and held a public meeting on February 26.

Provenance Topic introduction excerpt: “We’re here for the public hearing to introduce this repeal and replace of chapter 8 of the city code entitled erosion sediment control and stormwater management.” — City staff presentation

Topic finish excerpt: “recommendation that we hold our record open until 5PM on Monday, March 31, with anticipated policy discussion and final action on Monday, April 21.” — Motion passed