Md. Code Regs. 26.04.03.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.04.03.03 - Minimum Ownership

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.

B. In subdivisions where individual water supplies or individual sewerage systems are proposed, if the Approving Authority finds that the lot sizes permitted in §A(2) of this regulation will not assure the safety of individual water supplies or the continued functioning of individual sewerage systems, he shall reject the subdivision plan or require its amendment to provide increased lot sizes. In making the amendments, the Approving Authority shall include the following factors along with any others which may be given:

(1) Topography;

(2) Soil type and condition;

(3) Surface and subsurface drainage;

(4) Water table level;

(5) History of failures of individual sewerage systems in adjacent areas; and

(6) Extent of individual water supply or individual sewerage system development in adjacent areas.

C. In subdivisions near or adjacent to existing or proposed potable water supply reservoirs, a lot located within 2,500 feet of the normal water level, measured horizontally, may not have installed an individual sewerage system unless it has an area of not less than 43,560 square feet with a minimum width of 175 feet. In addition, no part of the sewage disposal facility may be closer to the normal water level, measured horizontally, than is given below:

Feet from Water Intake		Distance in Feet from Normal Water Level
3,000 and over	100
3,000 or less	200

Normal water level shall be the elevation of the spillway crest. These limitations may not apply to areas below the dam forming the reservoir.

D. In subdivisions near or adjacent to streams used as potable water supply sources, a lot location within 5,000 feet upstream from the water intake may not use an individual sewerage facility unless it has an area of not less than 43,560 square feet with a minimum width of 175 feet. In addition, no part of the sewage disposal facility may be closer to the stream bank than is given below:

Feet Upstream From Water Intake		Distance in Feet From Stream Bank
3,000 and over	100
3,000 or less	200

E. The lot sizes designated in §A, of this regulation, may not apply when community water supply and community sewerage facilities are available or under construction contract. When these community utilities are used, lot size requirements shall be those designated by the planning and zoning authority, or other authorities or agencies having jurisdiction in the area. Individual water supply and sewerage systems may be provided on an interim basis as authorized by the county plan.

Md. Code Regs. 26.04.03.03