Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.03 - Water Supply and Sewerage Systems in the Subdivision of Land in MD › Section 26.04.03.03 - Minimum Ownership

Current through Register Vol. 51, No. 14, July 12, 2024
A. In all
				  subdivisions, individual water supply and sewage disposal facilities may be
				  permitted when in conformance with the county plan and where the following
				  acceptable physical conditions are present: topography, soil types, surface and
				  subsurface drainage, and the absence of a fluctuating high water table. These
				  determinations shall be based upon available information which shall include
				  the history of individual water supply and individual sewerage system failures
				  in adjacent areas, extent of existing individual water supplies and sewerage
				  systems, information obtained from the soil survey for the jurisdiction,
				  standard percolation tests, available geologic and hydrologic data and any
				  other information which may be available. Minimum ownership of property shall
				  be determined in accordance with the following criteria:
(1) For each dwelling unit a minimum area of
				  10,000 square feet exclusive of buildings, easements, right-of-ways, and other
				  permanent or physical objects, shall be provided for the subsurface disposal of
				  sewage.
(2) Minimum ownership shall
				  be determined in accordance with provisions of Regulation .02A, B, and C of
				  this chapter, and the following table:
Time Required
for a 1 Inch Drop
Using Individual
Wells &
Sewerage Facilities
Using Public
Water Facilities
& Individual
Sewerage Systems
(minutes)
Min. Width (feet)
Min. Area (sq. ft.)
Min. Width (feet)
Min. Area (sq. ft.)
1 to 5
100
20,000
100
15,000
6 to 15
125
25,000
100
17,500
16 to 25
150
30,000
100
20,000
26 to 30
150
40,000
150
30,000
Over 30 minutes unacceptable
(3) Where soil percolation test results
				  indicate readings of less than 1 minute for a 1 inch drop, the approval or
				  rejection of the area for subdivision purposes shall be at the discretion of
				  the Approving Authority.
(4)
				  Percolation tests shall be made in sufficient number and at the locations
				  specified by the Approving Authority. Areas included in the table are subject
				  to exclusions designated in Regulation .01-1B(10). Minor variations in lot
				  widths and total area given in the table not exceeding 5 percent of the table
				  values may be allowed when, in the opinion of the Approving Authority,
				  conditions warrant these variations.
(5) Where community sewerage is available and
				  individual water supply systems must be utilized, the minimum lot area shall be
				  10,000 square feet with a minimum of 75 feet. In this situation the lot area
				  may include areas having land slopes exceeding 25 percent.
(6) In subdivisions where individual water
				  supplies and individual sewerage facilities are authorized, the developer may
				  subdivide the property in a manner which will provide for smaller lots than
				  determined by the table in §A(2) of this regulation. However, a notation shall
				  be made on the preliminary plan and on the record plat that the minimum
				  ownership shall be equal to the minimum width and minimum area established by
				  the table until community sewerage and water have been made available. Not more
				  than one principal building may be erected or constructed on a lot, or lots,
				  contained in the minimum ownership area as established by the table until
				  community sewerage has been made available.