DEPARTMENT INFORMATION

Address
200 Baltimore Street
La Plata, MD 20646

Phone
301-645-0692

Email
PGMadmin@charlescountymd.gov

Hours
8:00 a.m. - 4:30 p.m.

On My Property

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Property owners should be aware of any drainage systems, stormwater management facilities, natural resource protection zones, easements or other agreements that may be associated with their property.

What is an Easement?

An easement is a right granted from a property owner to another for a specific use of a portion of the owner's land. Utility operators (gas, electric, sewer, etc.) often have easements for the purpose of installing and maintaining their utility lines and structures.

As with most utility easements, storm drainage easements are permanent and run with the land (i.e., survive any sale of the property). They generally require the property owner to give up certain rights, such as building permanent structures (additions, decks, certain types of fences, etc.) within the easement to allow for proper function of the system and unimpeded maintenance access.

Do I Have an Easement on My Property?

Easements are recorded at the Circuit Court for Charles County in Land Records and may be shown on the plat you received when you purchased your home.

A copy of your plat, if one exists, can be found either by using plats.net or by visiting Land Records at the Charles County Circuit Court House in La Plata. Your plat redecoration (labeled as Book/Page or Liber/Folio) information can be obtained by visiting the tax assessors website, Real Property Data Search.

Plats.net is a system developed by the Maryland State Archives, the Administrative Office of the Courts, and the Maryland Circuit Court Clerks to preserve and make accessible all plats filed with the Land Records Office of the Circuit Courts of Maryland.

What are Drainage Easements?

A Drainage Easements is an easement that is provided when a development plan directs the discharge of water through the project.

Drainage easements are provided for open or closed systems located outside of the County right-of-way. These easements are provided for all man made systems or natural systems that have undergone improvements which will require monitoring and maintenance.

A natural water course, channel, stream, creek, low, gully, etc... where no improvements have been made or no improvements or maintenance will be required will not have drainage easements provided.

Public and Private Drainage Easements

A "Public Drainage Easement" is a drainage easement extending from an existing or future County or State right-of-way, carrying water from said right-of-way, conveying water through a residential subdivision (single family or townhouse).

These easements are maintained by the County. Easements in a residential subdivision draining to a County right-of-way not conveying "public" water shall be specified as a "Private Drainage Easement" unless otherwise specified by the County.

A "Private Drainage Easement" is provided where drainage improvements have been made and the easements do not convey public waters (waters from a County or State right-of-way). These easements are privately (not County) maintained.

Declaration of Covenants / Inspection and Maintenance Agreements

These documents, if applicable, will be recorded in the Land Records of Charles County, Maryland. Such agreements may prohibit the altering of facilities without prior written approval from Charles County and give the County the right to inspect the facilities.

The obligations contained within these recorded documents are intended to bind the current owner(s) of the subject property, and such obligations shall transfer to any and all subsequent owners upon conveyance of the subject property.

What is a Storm Drain?

It's a network of structures, channels and underground pipes that carry stormwater (rain water) to ponds, lakes, streams and rivers. The network consists of both public and private systems.

It's an integral part of the stormwater management system in the county that is designed to control the quantity, quality, timing and distribution of storm runoff.

Who Maintains the Drainage System?

The county maintains the public storm drainage system contained within the county right-of-way or dedicated public storm drainage easements. There are also numerous private systems that are the responsibility of private property owners to maintain.

The storm drainage ordinance requires a permit be issued from the Department for anyone to construct a stormwater conveyance system consisting of pipes, inlets, gutters, ditches, swales, manholes, junction boxes, or perform any grading which would change the runoff characteristics from a property.

How Do I Maintain a Drainage Easement?

Stormwater Management Facilities

Stormwater management facilities are used to:

Capture stormwater runoff from impervious surfaces, like roads, rooftops, parking areas, and driveways to prevent downstream flooding and allow time for natural infiltration underground.
Remove pollutants from stormwater runoff before the water is discharged into local streams.

These facilities include rain gardens, bioswales, micro-bioretention facilities, drywells, porous pavement, grass channels, ponds and other structural and non-structural stormwater management facilities. If they are functioning correctly, stormwater facilities help slow down stormwater and remove pollutants before the water is discharged into local streams.

Who Is Responsible For Maintenance?

Privately maintained stormwater management facilities are maintained by the facility owner. The county does not have direct maintenance responsibility.

However, Charles County is still responsible under state and federal stormwater permits for ensuring that the facilities remain in place, operate properly and are functional. To this end the county has established an inspection schedule for all privately maintained facilities, together with reporting and enforcement procedures for communicating inspection results to facility owners and gaining maintenance compliance.

Which Codes Determine Maintenance Responsibility?

Chapter 274-53 of The Code of Charles County, Maryland determines the “Responsibility of owner or occupant”.

“The owner of any property containing a stormwater management system, or any other person or agent in control of such property, shall perform or cause to be performed preventive maintenance of all completed ESD treatment practices and structural stormwater management systems to ensure proper functioning.”