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Caroline County staff propose tighter rules for temporary stockpiles; some supervisors ask about loopholes
Summary
Planning staff presented proposed amendments to Chapter 45 to add a definition of temporary stockpiles, set separation, slope and height limits, and require a removal bond equal to 100% of removal costs; supervisors queried whether the language creates loopholes for moving material elsewhere in the county.
County planning staff presented a text amendment to Chapter 45 of the Caroline County environmental regulations that would strengthen controls on stockpiling of earthen materials from construction or land-disturbing activities.
The amendments add a definition of "temporary stockpiles" as "a collection of earthen materials as a result of land disturbance activity that is kept for a period of less than 12 months," prohibit inclusion of manmade materials ("construction debris, demolition debris, and garbage"), and add six stockpiling criteria: prohibited placement in utility or conservation easements, stabilization requirements aligned with state law, a 200-foot minimum separation from existing residential dwelling units for large sites of three acres or more, a maximum slope of 3:1 with a maximum height of 35 feet for standalone piles, linear berm limits of 10 feet in height, and a requirement that site plans include a narrative on stockpile phasing and disposal of materials not reused on-site.
The amendment also would require a bond: "the bond amount shall be 100% of the removal cost of the stockpile at its largest projected size," staff said.
Supervisor Hughes questioned language in the draft that said placing earth and materials "from a construction site to a farm or other agricultural use does not fall under this or any land disturbance exception," saying the phrasing "reads like there's a loophole" that would permit taking spoils elsewhere in the county. Planning staff and Chris McKenzie (planning staff) told the board that the intent was to make clear that transferring construction spoils to an agricultural parcel does not qualify as an agricultural exemption; such transfers still must be subject to an erosion and sediment control plan or other site plan review when required.
Supervisor Seeley asked whether asphalt millings or chunks of asphalt would be considered "manmade" and therefore prohibited; planning staff confirmed that manmade materials such as asphalt millings would not be permitted in stockpiles under the proposed amendment.
The board received the presentation and held a public hearing on the ordinance amendments. After questions and clarifications were discussed during the public hearing, the board moved and approved the text amendment as presented (motion recorded in minutes). The amendment clarifies limits on permanent and temporary soil storage and adds site-plan, slope, distance and bonding requirements intended to limit long-term or nuisance stockpiles.
