STATE OF MARYLAND MD
The General Assembly Legislative Session Commenced on January 13th
The MBIA Legislative Review Committee expects a busy year as a record number of pre-filed bills have already been requested.  Issues expected this year include mandatory sprinklers in single family homes, conservation easement tax credits, school construction funding and cost considerations, and standing to appeal land use decisions.  


LAND USE DECISIONS UNDER ATTACK
MBIA is actively working on opposition to Senate Bill 166 that would significantly expand the universe of individuals, businesses and associations with the right to litigate any land use related decision adopted by a local legislative body through legislation.
There are major implications to expanding standing that would allow any member of the public to challenge a land use decision.  These implications include:


 

-Debilitating consequences to long range land use planning

-Costly delay in finalizing comprehensive plan, master plan, rezoning plans

-Requiring a developer to disprove aggrievment of a litigant regardless of merit

-Significant project cost increases related to higher potential litigation

-Greatly undermines predictability of the land planning process

 
Please contact members of the Senate Education, Health and Environmental Affairs Committee and urge them to OPPOSE Senate Bill 166.  Also, contact county officials in your home county and make sure they are aware and understand the danger of this bill.

   ANNE ARUNDEL COUNTYAA
APF De-Coupling Bill Passed
The County Council passed Bill 110-15 which is a significant boost to home building to allow a developer to defer their APF test for water and sewer until later in the development process saving actual and financing costs. Read MBIA's letter in support >>>
 
Capital Connection Fees Reduced 30%
On January 19th, the County Council passed County Executive Schuh's bill to lower capital facility connection fees roughly 30 percent. This was the single largest fee decrease in Anne Arundel County history and represents a major success for this chapter. Read the Chapter's testimony in support >>>
 
Changes Coming to Development Process
The County Executive has announced numerous and potentially significant changes to the development review process. Some of the changes include moving all reviewing engineers to Inspections and Permit, moving zoning enforcement to Planning and Zoning, empowering mid-level employees to make more decisions and a host of potential legislative changes including employing 3rd party reviewers, pushing back impact fee payment and the increased use of "administrative waivers" for minor variances. The MBIA is working with the County Administration to ensure a smooth transition. Read the list of proposed changes >>>
 
New Fire Marshal Contact
Effective immediately, Lt. Stephen Stanton will be conducting plan reviews for the Fire Marshal's Office and be the point of contact for correspondence and issues. His contact info is:  410-222-7574 or  [email protected].
 BALTIMORE CITYCity
Development Industry Mayoral Candidates Forum Announced
The Baltimore City Chapter of MBIA is holding a Baltimore City Mayoral Candidates Forum on Thursday March 10th from 730-10am at Ballard Spahr. Attendance is free but you must RSVP with Becky Myers at  [email protected] . So far, Candidates Sheila Dixon, Elizabeth Embry and Carl Stokes have confirmed their attendance.
 
MBIA Supports CHAP Tax Credit Renewal
The MBIA testified in support of the Mayor's proposal to renew the CHAP Tax Credit for 5 years. The credit has been successfully used by numerous MBIA members to rehab and renew Baltimore City's neighborhoods including Canton, Fells Point, Reservoir Hill and Brewer's Hill. It is a major benefit to Baltimore City members, and the MBIA looks forward to hundreds of additional renovations as a result of its renewal. Read our testimony in support of the credit >>>
 
Public Posting and Hearings for Planning Commission
MBIA testified in opposition to Councilwoman Mary Pat Clarke's bill to expand public posting and hearings for Planning Commission agenda items. The bill would also do away with the Planning Commission's well-functioning "consent agenda." As a result of this testimony, the bill sponsor is working on compromise legislation with MBIA. Read MBIA's testimony >>>
 
Transform Baltimore Zoning Code Update
The City Council Land Use and Transportation Committee is nearing completion of voting on text amendments to the new zoning code, Transform Baltimore. MBIA continues to represent the industry at every voting session to protect the significant gains made in crafting the new zoning code.
 BALTIMORE COUNTYbaltcounty
PAC Event
The Baltimore County Chapter will hold its annual winter PAC event on Thursday February 18th from 5-730pm at the Greene Turtle Towson location. County Executive Kamenetz and several Councilmembers have RSVP'd to attend. Contact Becky Myers for tickets or sponsorships at  [email protected] .
 
Almond Chair of County Council
Councilwoman Vicki Almond assumed the role of Chair of the Baltimore County Council for 2016. Vice President of Government Affairs Josh Greenfeld previously worked as campaign manager for Ms. Almond's 2010 run for County Council and MBIA maintains a close relationship with her.
 
Van Arsdale to Speak at Feb. 3rd Chapter Meeting
Baltimore County Planning Director Andrea Van Arsdale will be the guest speaker at the Chapter's monthly meeting on February 3rd. Please contact Josh Greenfeld at  [email protected]  if you would like to attend.
 CHARLES COUNTYcharles
Planning and Growth Management Director Aluotto to Retire in October
Department of Planning and Growth Management Director Peter Aluotto has announced his retire from Charles County Government. Aluotto, who was hired as the Department's Director in 2011, plans to retire in October 2016. 
 
Planning Commission to Discuss Comprehensive Plan in Upcoming Meetings
The Planning Commission has scheduled meetings dedicated to development of a new Comprehensive Plan. The meetings are scheduled for Feb. 8, and Feb. 22 at 6 p.m. in the Commissioner's meeting room at the Charles County Government building (200 Baltimore Street, La Plata).  Planning Commission meeting agendas are available for public viewing at www.boarddocs.com/md/ccpc/Board.nsf/Public. Background materials are available at www.charlescountyplan.org/document-library.
   HARFORD COUNTYharford
Natural Resource District
The County Executive has introduced Bill 002, a priority of the Chapter, which aligns Harford County's Natural Resource District buffer zone to the State standard of 40,000 square feet.
   HOWARD COUNTY Howard
Development Moratorium Bill Killed
A bill to create a moratorium on two family dwelling conversions was killed by the County Council as a result of advocacy by the MBIA. The MBIA opposes all development moratoria as inefficient public policy but has offered to work with the Council and DPZ to craft a more elegant solution to any issues that exist in conversions of single family homes to 2 family homes. Read MBIA's letter of opposition >>>
 
Watershed Protection and Restoration Fee Update
The County Executive introduced CB52 to repeal the County's Watershed Protection and Restoration Fee, also known as the "rain tax." The MBIA sent the County Council a "letter of concern" noting its longstanding position in support of these broad based fees to share the burden of Bay cleanup among the entire community rather than with targeted fees at new development. Read the letter >>>
 
MBIA Supports Green Energy Tax Credit
The County Executive introduced CB5 to extend high performance home tax credits until 2021 with a view to make the tax credit permanent. The MBIA supports this bill and its members have built hundreds of high performance homes in the County which benefit home builders, homeowners and the County's environmental future. This bill is an extension of legislation Council Chair Calvin Ball originally introduced in 2011. Read MBIA testimony in support of the tax credit>>>
 
MBIA Meets with Kittleman
On January 12th, several MBIA members met with County Executive Allan Kittleman for the first in a series of quarterly meetings. Mr. Kittleman fulfilled a campaign promise to hold regular meetings with MBIA as a two way street of information to make sure the County is working for the home building industry. The meeting was productive and the MBIA looks forward to progress on development issues as a result.
 
Tier Map Changes Proposed
County Executive Kittleman has initiated the process to alter the County's tier maps. The proposed amendment revises the Growth Tiers by designating all parcels outside the Planned Service Area that are not permanently preserved as Tier III, while retaining those properties that are permanently preserved as sensitive areas in Tier IV. The MBIA supports this change. Read the County Executive's proposal >>>
 
APF Task Force Update
The Howard County APF Task Force looks to wrap up its work on February 10th with a report to the County Executive following shortly thereafter. To date, there has been no consensus on significant changes to the APF ordinance to recommend to the County Executive. Thank you to MBIA members Steve Breeden, Bruce Harvey, John Startt and Paul Revelle for their tremendous commitment of time and energy to this cause.
   MONTGOMERY COUNTYmontcoun
Westbard Sector Plan
Council Public Hearing Jan 28, 2016 Sign up to testify by 1/28/16 at 10 am 7:30 pm
 
Montgomery County Economic Development Corporation
2/2/16 Introduction   of a County Council Resolution to designate Montgomery County Economic Development Corporation (MCEDC) as Montgomery County's economic development corporation
 
Bill 50-15, Commission on Common Ownership Communities - Composition - Dispute Resolution
PHED/PS Committees 2:00 PM - 7 th Floor Council Hearing Room  Jan 28 
  PRINCE GEORGE'S COUNTYprinceg
Plans on File Peer Review
The Department of Permit Inspections and Enforcement has agreed to extend the deadline for getting the architectural/structural plans on file updated to the 2015 IRC Code.  The original date to update plans was January 11, 2016.  However, DPIE has extended the deadline to July 1, 2016.  MBIA is continuing to work with DPIE to reduce the impact of the new code requirements on the building industry.
  SOMERSET COUNTY somerset
Solar Energy
Mr. Richard Walsh of WGL Energy presented a proposal on two solar energy projects to the Somerset County Commissioners.  The first proposed project was for Sam Barnes Road for the County and the second proposed project was for a Board of Education location.  Mr. Walsh estimated a cumulative savings, over a 20 year period, based on current supply rates would be:
  • Sam Barnes Road project estimated cumulative savings of $1,090,299
  • Board of Education project estimated cumulative savings of $3,048,046
The Council has also requested Mr. Walsh to prepare a proposal for solar roof panels on county owned buildings.
  WICOMICO COUNTYwicomico
Hybrid Tier Map
Wicomico County has proposed developing a Hybrid Tier Map.  Jack Lennox, Director of Planning and Zoning and Community and Keith Hall, Chief of Land Use and Transportation presented their proposed plan to the Wicomico County Council on January 19, 2016.  As the Tier Maps are currently defined, Tier l must have sewage service, Tier 2 must have plans to extend sewage service in 10 years, Tier 3 may have septic systems or private package plants and are allowed to build minor or major subdivisions, Tier 4 is the agricultural preservation area and property owners may not build private package plants in this Tier.  Under the Hybrid Tier Map proposal, land from Tier 2 and Tier 4 may be transferred to Tier 3.  However, the Wicomico County Council would make the final decision about the transfer, but the developer must have a specific project before it is presented to the Council.  The proposal must be refined and the legal language agreed on.  Once this is done the Hybrid Tier Map will go to the Maryland Department of Planning for approval.  If MDP approves, then Wicomico County can move forward and incorporate the Hybrid Tier Map into their Comprehensive Plan.
 
Wicomico County has passed Legislative Bill No. 2015-17 
The Bill amends Chapter 138, titled "Electrical Standards," Section 138-13, titled General Requirements for registration" to require an Applicant for Master Electrician to be Employed under the Direction and Supervision of a Master Electrician.
 
Ireton Runs for Congress
Jim Ireton, a former mayor of Salisbury has announced he is planning to run for Maryland's 1st District seat in Congress.  Three prominent Somerset County elected officials have announced their support of him, Crisfield Mayor Kim Lawson, former Mayor Percy "P.J." Purnell and Princess Anne Town Commissioner Garland Hayward.  Ireton, who currently serves on the Salisbury City Council, will be entering an already crowded field of candidates vying to unseat U.S. Rep. Andy Harris. 
  WORCHESTER COUNTYworchester
Duplicated Services
The Worcester County Commissioners approved a $29,960 bid from Bethesda's Tischler-Bise consultant to conduct a study over a period of 90 days to determine the nature of any duplicated services between Ocean City and the surrounding county.  The report will aim to show what services can be truly considered "countywide" versus available only to municipalities and what services are being subsidized by unincorporated areas.  Ocean City uses a benchmark to claim $17 million in duplicated services.  In the past the County has provided Ocean City with an unrestricted grant, amount determined by the commissioners, to off-set this cost.

Sports Stadium 
Worcester County Commissioners have approved a resolution allowing grant funding from the state to pass through the county and to the Maryland Stadium Authority for the first phase of a study to determine if a proposed sports stadium in Worcester County is feasible.  If one of the following components are found to be viable, than phase II of the study triggers:  5,000 to 8,000 seat arena with a minor hockey league team as its primary tenant, an adjacent ice rink used as a practice space and other recreational uses, or an outdoor sports complex for youth/amateur leagues and tournaments.
 
Berlin Falls
The Berlin Town Council has approved a 30-year, $3 million bond from the Bank of Ocean City to purchase the former Tyson Chicken plant.  The town plans to convert the 68-acre site into a multi-use public space.  The town has named the site "Berlin Falls."
 
Miller New Town Manager
The Town of Ocean City has named Doug Miller as their new Town Manager.  He replaces former City Manager David Recor who resigned in July. 
 
Running for Re-Election
Four incumbent Ocean City Town Council members announced they are running for re-election in 2016.  Dennis Dare, Mary Knight, Doug Cymek and Tony DeLuca officially filed to run again for council January 12, 2016.  The Ocean City election will be held November 8, 2016.
 
Roof Pitch
The Ocean City Planning and Zoning Commission has forwarded a favorable recommendation to the council on a proposed code amendment to change the roof pitch from 7/12 to 9/12 in all mobile home parks throughout the resort.  Each association would have the opportunity to make changes to their own covenants and restrictions to allow if desired.
  OTHER INDUSTRY NEWSother
Northern Long-Eared Bat
Under the Endangered Species Act, the Fish & Wildlife Service has issued its final 4(d) Rule for the Northern Long-Eared Bat with an effective date of February 16, 2016 .
The final rule has eased the impact on land development activities of the interim rule.
In the final rule:
  • The quarter-mile buffer around hibernation habitat - such as caves and mines - remains the same.
  •  The original quarter-mile buffer around known-roosting sites has been reduced to 150 feet and now applies to all tree-removing activities, including home construction.
  • Neither private landowners nor permit applicants need to conduct surveys to determine the bat's presence on the property. FWS and the Army Corps of Engineers will rely on data from the natural heritage database maintained by each state.
Dropping the survey requirement removes a huge burden for builders, because these surveys were expensive and could only be performed during certain months of the year.
 
MD Threatened and Endangered Species Listings
The Maryland Department of Natural Resources proposes to list 23 new species of animals and plants in need of conservation, or which are endangered, threatened or endangered extirpated, and reclassify 31 species. 
Some development projects may be modified to mitigate impact to the named species. For more details consult the proposed regulation . 
A public hearing has not been scheduled. Comments accepted through February 22, 2016 to Gwenda Brewer, Science Program Manager, Wildlife and Heritage Service, Department of Natural Resources, 580 Taylor Avenue, Annapolis, MD 21401, or email to [email protected], or fax to 410-260-8596.
 
U.S. Corps to Reissue State Programmatic General Permit
The U.S. Army Corps of Engineers-Baltimore District is proposing to reissue with modifications the Maryland State Programmatic General Permit-4 as the MDSPGP-5 for a five year period. The proposed substantive modifications include:
  •  the inclusion of temporary construction impacts into the description and thresholds for several activities reducing the need to use multiple MDSPGP-5 activities for a single and complete project stacking;
  •  a new maximum total (temporary and permanent) acreage impact threshold for Category A of Activity b(1), General Maintenance activity;
  •   the addition of two new activities for culvert pipe grouting and Stormwater management activities;
  •  elimination of Activity e(6), Special Area Management Plan (SAMP) Study Area Projects, and the clarification of definitions and compensatory mitigation within the MDSPGP-5.
A copy of the current version of the MDSPGP-4 can be viewed here >>>
A public hearing is scheduled for Wednesday, February 24, 2016 at 5:30 p.m. in the meeting room of the Severna Park.  Comments must be received by COB March 7, 2016. If you have any questions concerning this matter, please contact Ms. Beth E. Bachur at 410-962-4336 or email at [email protected] .
 
Maryland Employee Injury and Illness Records and Reports
The Maryland Commissioner of Labor and Industry proposes to incorporate by reference recent amendments to the OSHA Rule on Occupational Injury and Illness Recording and Reporting Requirements.  
A public hearing has not been scheduled. Comments may be sent to Andi Morony, Policy Director, Division of Labor and Industry, Department of Labor, Licensing, and Regulation, 1100 N. Eutaw Street, Room 606, Baltimore, MD 21201, or email to [email protected], or fax to 410-767-2986. Comments will be accepted through February 22, 2016.
  The new rule:
  • retains the exemption for any employer with ten or fewer employees, regardless of their industry classification, from the requirement to routinely keep records and updates the list of industries that are exempt from keeping records;
  • retains the current requirement to report rule all work-related fatalities within 8 hours; and,
  • adds the requirement to report all work-related in-patient hospitalizations, amputations and loss of an eye within 24 hours to the State.
 
Maryland Proposes to Adopt OSHA Confined Spaces in Construction
The Maryland Commissioner of Labor and Industry proposes to adopt, through incorporation by reference, amendments relating to Confined Spaces in Construction in order to provide protections to employees   The confined space standard applies to workers who must enter spaces that are not designed for continuous occupancy and are difficult to exit in the event of an emergency, such as manholes, crawl spaces, attics and. heating, ventilation, and air-conditioning ducts.   
A public hearing has not been scheduled. Comments will be accepted through February 22, 2016to Andi Morony, Policy Director, Division of Labor & Industry, Dept. of Labor, Licensing, and Regulation, 1100 N. Eutaw Street, Room 604, Baltimore, MD 21202, or email to [email protected], or fax to 410-767-2986.
For more information about these spaces, the hazards they may present, and ways to safely work in them as well as a copy of the rule, visit OSHA's confined-space website . 
   
New Lower VOC Requirements Proposed for Architectural Coatings
The MD Department of the Environment proposes new lower volatile organic compound content limits and standards for a variety of architectural and industrial maintenance coatings made available for sale and use in Maryland in order to meet emission reductions sufficient to attain the ozone National Ambient Air Quality Standard.
The Department of the Environment will hold a public hearing on the proposed action on February 22, 2016 at 10:00 a.m. at MDE, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received no later than February 22, 2016 and should be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, or email to [email protected].
 
MD Updating Building Rehabilitation Code
The MD Dept. of Housing and Community Development is proposing to adopt the 2015  International Existing Building Code as modified  in order to update the Maryland Building Rehabilitation Code. The proposal deletes Chapter 4. Section Type B dwelling or sleeping units.
A public hearing has not been scheduled. Comments will be accepted through February 22, 2016 and should be sent to Ed Landon, Codes Administration, Division of Credit Assurance, Department of Housing and Community Development, 7800 Harkins Road, Lanham, MD 20706, or call 301-429-7650, or email to [email protected]. 
FEBRUARY 2016
DID YOU KNOW?
Housing Statistics - MBIA provides members with 
comprehensive graphs of permits and home sales for each county in our area broken down by month.
In This Issue
Anne Arundel County
Baltimore City
Baltimore County
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