First-Ever Legislative Awards Presented by MBIA 
The Maryland Building Industry Association will presented their first-ever legislative awards at the Association's board of directors meeting on April 28, 2016. The awards recognize those members who actively participated on the MBIA Legislative Committee or contributed to the Association's overall legislative mission by testifying at hearings and lending their professional expertise. "These members have gone above and beyond the call of duty to support MBIA's legislative goals," said Lori Graf, MBIA CEO. She added, "We are immensely grateful to these members for their investment in the Association and the future success of the home building and remodeling industry." 
   ANNE ARUNDEL COUNTYAA
Outdoor Seating
The Office of Planning and Zoning and the Department of Inspections and Permits have issued a new policy for outdoor seating in new structures and additions to existing structures. It is intended to provide guidelines for thresholds that trigger traffic and utilities APFs. Additionally, it addresses parking. View the policy >>>
 
Public Works Agreements Extended
The County Executive passed Bill 17-16 requiring public works agreements to be executed and delivered simultaneous with the approval of a plat or deferred to no later than 12 months after the plat has been recorded. This bill originally allowed only a 6 month window, but MBIA led advocacy resulted in an amendment extending the time to 12 months.
 
Peer Review
The County Executive introduced bill 23-16 which authorizes the County to create a peer review process for development plan reviews. After passage, the County must come up with rules and regulations for peer reviews but all reviews would be paid for solely by the developer as a voluntary option in lieu of traditional County reviews. The MBIA supports this legislation and sent this letter of support to the City Council. The legislation has had one public hearing but will be heard again on May 2nd to potentially adopt amendments and receive a final vote.
 
Cluster Developments
Councilman Pete Smith passed resolution 11-16 which calls for a review of cluster developments in Anne Arundel County due to "concern over the use of cluster development in Anne Arundel County due to its potential to increase density possible resultant harm to the environment" as expressed by "local community representatives." As a result, the MBIA is currently working with the County to review cluster development regulations for potential changes to address the Council's concerns.  View the letter the MBIA sent to the County Council after this resolution passed regarding moving forward with potential changes to cluster development regulations >>>
 BALTIMORE CITYCity
Transform Baltimore Zoning Code Update
The City Council Land Use and Transportation Committee completed voting on amendments to Transform's text and tables. The Committee is now taking up Map Amendments. In the amendment process, the MBIA protected the vast majority of "permitted" uses in all areas of the City, including for residential development, in the use tables and will continue to represent the industry at every voting session to protect the significant gains made in crafting the new zoning code. The MBIA looks forward to completion of this monumental task in the summer. 
 BALTIMORE COUNTYbaltcounty
Fair Housing Settlement
Baltimore County announced a settlement with the federal Department of Housing and Urban Development regarding a fair housing complaint filed by several local housing advocates. The settlement calls for the County to create 1,000 affordable units over 10 years in prosperous neighborhoods while also introducing "source of income" legislation to prohibit housing discrimination based housing vouchers. Baltimore County Planning Director Andrea Van Arsdale and Baltimore County Housing Director Marsha Parham will attend the MBIA Baltimore County Chapter Meeting on May 4th at noon at MRA/GTA's Towson location to explain this settlement and the myriad developer incentives available to create 1,000 new units. Contact Josh Greenfeld at [email protected] for more information or to RSVP. 
 CHARLES COUNTYcharles
Charles County Comprehensive Plan
The Charles County Planning, Growth, & Management will be briefing the Board of County Commissioners on the Comp Plan on May 10th and May 11th. A review schedule has been proposed but is pending approval by the Commissioners. There is information on each matter on the county's Board Docs and on the county's Comprehensive Plan webpage at  www.charlescountymd.gov.
 
Big Box Legislation
The Charles County Planning Commission will be taking up legislation on Monday, May 2nd concerning "Big Box Stores" over 100,000 sq. ft. in certain zones.
   DORCHESTER COUNTYdor
Annual Budget and Appropriation Ordinance
Dorchester County Council will hold a public hearing on Bill Number 2016-2 an Act to establish the 2016-2017 Annual Budget and Appropriation Ordinance on Tuesday, May 17, 2016 at 6:10 pm in the County Council's Meeting Room, County Office Building, 501 Court Lane, Room 110, Cambridge, Maryland.
   HOWARD COUNTY Howard
Infill Development
Councilman Weinstein passed Bill 15-2016 which modifies regulations on residential infill development in established neighborhoods. The MBIA worked closely with Councilman Weinstein and County Executive Kittleman's administration on this legislation to ensure that it met its goal of making infill development more compatible with existing neighborhoods without limiting the ability of infill builders to construct homes within these communities.
 
Rain Tax
Councilman Weinstein also passed Resolution 37 concerning Watershed Restoration and Protection funds, also known as the "rain tax." The Resolution allows for up to 100 percent credit for best management practices implemented on a property. This is a change from 20 percent for residential properties and 50 percent for nonresidential properties. The bill also limits the fee to 5 percent of the total property tax bill for a property by 2019 down from 20 percent in fiscal year 2016.  
 
Perc Test 
As of April 25, 2016, the Howard County Well and Septic Program will not be accepting perc test applications for wet season soil testing. Please contact the Well and Septic Program at 410-313-1771 with any questions. View the memo >>>
   MONTGOMERY COUNTYmontcoun
Recordation Tax
Expedited Bill 15-16, Recordation Tax -Rates -Allocations -Amendments, sponsored by Lead Sponsor Council President Floreen, introduced on April 19, 2016. Public hearing at the Council is tentatively scheduled for May 10, 2016.
This bill raises the recordation tax on all property transactions.

Stormwater Fee
Montgomery County Executive Regulation No. 16-15 was signed by the County Executive and went into effect upon transmittal to County Council on April 13, 2016.  This regulation establishes a fee that a private entity or County public agency must pay to the Department of Permitting Services to cover the cost of monitoring stormwater best management practices for any development project in a Special Protection Area. Projects with water quality plans approved before the effective date of the regulation have the option to pay the fee or to continue monitoring. 
  PRINCE GEORGE'S COUNTYprinceg
Maryland-National Capital Park and Planning Commission - Extraordinary Development District
This bill authorizes the Maryland-National Capital Park and Planning Commission to enter into an agreement with Prince George's County to deposit all or a portion of M-NCPPC property taxes levied by the county on the tax increment in an "extraordinary development district" into a special fund for the extraordinary development district. An "extraordinary development district" is a development district that is designated as such by resolution and contains at least 50 acres, on all or part of which a federal law enforcement agency will be located. M-NCPPC may not enter into an agreement until Prince George's County has adopted a resolution designating the extraordinary development district and M-NCPPC has adopted a resolution approving the agreement. The bill specifies that M-NCPPC may not be an obligor for any bonds issued by Prince George's County for an extraordinary development district.  The bill takes effect June 1, 2016
  ST MARY'S COUNTYstmarys
Property Tax Credit - New or Expanding Businesses
This bill will authorize St. Mary's County or a municipal corporation in St. Mary's County to grant a property tax credit against the county or municipal corporation property tax imposed on property that is owned or leased by specified new or expanding businesses; providing that the property tax credit may not be granted for more than 10 years; and applying the Act to all taxable years beginning after June 30, 2016.  
 
St. Mary's County Sign Ordinance
The Commissioners of St. Mary's County will conduct a public hearing in the Commissioners' Meeting Room in the Chesapeake Building, 41770 Baldridge Street, Leonardtown, Maryland, on Tuesday, June 21, 2016 beginning at 6:30 p.m., for the purpose of receiving public comment on a proposed Ordinance adopting Chapter 286 of the Code of St. Mary's County, Maryland, establishing Land Use regulations regarding signs.  The proposed Ordinance would:
  • Define classes of residential, multi-family, mixed-use, agricultural and non-residential properties and commercial centers;
  • define signs generally, functional signs, event signs, and commercial signs;
  • establish the types, numbers and dimensions of signs permitted on different classes of property;
  • require the removal of event signs within a certain time after the event;
  • provide for the continuation for a period of time of nonconforming signs lawfully in existence on April 5, 2016;
  • prohibit the location of a digital sign within a certain distance of residential property boundary lines;
  • prohibit signs that create public safety hazards;
  • provide that a violation of the Ordinance is a civil infraction punishable by a fine not to exceed one thousand dollars ($1,000); and
  • provide for the removal of illegal signs.
Copies of the proposed Ordinance are available in the Public Information Office and under "Public Hearing Notices" at http://www.co.saint-marys.md.us/. The Commissioners invite public comments and participation. Comments on the proposed Ordinance may be sent on or before June 14, 2016, to the Commissioners of St. Mary's County, P.O. Box 653, Leonardtown, Maryland 20650 or to [email protected].
 
Code Home Rule
The Board of County Commissioner will hold a public hearing to consider a proposed Resolution that would make St. Mary's County a Code Home Rule county, subject to approval at referendum. The Commissioners of St. Mary's County will hold Public Hearings on Tuesday, May 10, 2016 beginning at 6:30 p.m.in the Commissioners' Meeting Room in the Chesapeake Building, 41770 Baldridge Street, Leonardtown, Maryland.
  WICOMICO COUNTYwicomico
Draft Comprehensive Plan
Wicomico County Council has reviewed the first 5 chapters of their Draft Comprehensive plan.  These chapters review the road map for future growth and development, maintaining natural areas, input for change in land from the Planning Commission, public and community profile, regulations in place to protect sensitive areas, and assessment of potable drinking water.  Going forward, each Council meeting will cover 2-5 chapters of the Draft Comprehensive plan for review.
 
Concentrated Animal Feeding Operations
Wicomico County Council held a special work session to discuss rezoning for Concentrated Animal Feeding Operations.  
CAFO operators have proposed:
  • a ban on CAFOs in the metro core of Salisbury,
  • a ban in designated growth area,
  • a halt on any built within 3-5 miles of a neighborhood, school, church or public dwelling. 
The County proposed:
  • a minimum 200 ft. setback from all property lines including roads,
  • setbacks at least 400 ft. from existing houses not on farm properties, schools, churches, daycares and similar buildings,
  • chicken houses in designated growth areas must adhere to 500 ft. setback if exhaust fans face away from buildings,
  • if aimed at other buildings 600 ft.,
  • 3 rows of buffer plantings in Ag District and 5 rows of buffer plantings in growth areas. 
The Council will put together a final proposal and send it to the Wicomico County Planning Commission for their review and recommendation.
 
Streets and Addressing System
Wicomico County Council has withdrawn Bill 2016-03 to amend Chapter 197 of the Wicomico County Code, titled "Streets and Addressing System" that was introduced at their March 15, 2016 meeting.  This bill would have provided the County authority to regulate street or road improvements due to the traffic flow associated with new residential, commercial, agricultural or industrial building permits.
  WORCESTER COUNTYworchester
Property Tax Increase
Worcester County Commissioners will hold a public hearing on the proposed real property tax rate increase on Tuesday, May 3, 2016 at 7:00 pm at the Snow Hill High School, Snow Hill, Maryland.

Solar Farms
Longview Solar LLC is seeking approval for two solar farms in Worcester County.  One would be located on Liberty Road in Berlin and the other in Snow Hill on Public Landing Road.  Longview Solar held a public hearing for each location.  Written comments about the projects can be filed until April 29 and addressed to PSC Executive Secretary David Collins at 6 St. Paul Street, Baltimore, MD  21202.
  OTHER INDUSTRY NEWSother
Withdrawn Proposed MD Regulations Affecting Remodelers
In a win for remodelers, concerns raised by MBIA's Remodelers Council and others have resulted in the withdrawal of Maryland Department of the Environment's proposed regulations for Accreditation and Training for Lead Paint Abatement Services that would have applied to those already accredited under the EPA's Lead-Based Paint Renovation, Repair and Painting Rule program (Ref: 4/1/2016 MD Register )   http://www.dsd.state.md.us/MDR/mdregister.html.

116,000 Construction Supervisors Maybe Eligible for Overtime this Summer
The U.S. Department of Labor has sent its final rule changes expanding who is covered by overtime laws to the Office of Management and Budget. The new rule would double the federal overtime salary threshold from $23,660 to $50,440 and, for the first time ever, index the salary threshold annually. This would impact employees who were previously exempt from the overtime requirements, such as construction supervisors and outside sales staff, among other administrative employees. By 2030, employees who make less than approximately $69,720 would be eligible for overtime. This could force many small builders to scale back on pay and benefits, as well as cutting hours to avoid overtime requirements.
The final rule is expected to be released in April and would likely take effect by August.
NAHB is working on a solution, but needs your help. The Protecting Workplace Advancement and Opportunity Act (Senate bill S.2707 and House bill H.R.4773) would force the DOL to withdraw this proposal until it has considered the economic effects of nearly doubling the overtime threshold. NAHB needs you to ask your member of Congress to co-sponsor and support this bill. Please send the following to your representative and senator:

Erosion & Sediment Control Certification ("Green Card") Available Online
Maryland is requiring Erosion & Sediment Control recertification by December 31, 2016, due to significant changes included in the 2011 regulation update. The course is intended to provide the necessary training for individuals acting as the "Responsible Person" tasked with implementing and maintaining erosion and sediment controls as required by State law. The training is valid for three years and automatically renews unless otherwise notified by the Department of Environment. Get training now >>>  Proof of certification will be available online as documentation.  

2016 National Wetland Plants List Finalized
The U.S. Army Corps of Engineers, as part of an interagency effort with the EPA, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service , announced the final 2016 National Wetland Plant List .  The recent announcement also formalizes a process for future updates to the list which will occur every other year. The list will become effective on May 1, 2016 and will be used in any wetland delineation performed after this date. Delineations received prior to this date may still use the 2014 NWPL, or you may choose to use the 2016 list. 

Home Builders, Others File Suit Over Silica Rule
  Eight construction industry organizations including the Texas Association of Builders filed a petition with the U.S. Court of Appeals for the Fifth Circuit for review of OSHA's final crystalline silica rule .  The affiliated national organizations for these groups-NAHB, the American Road and Transportation Builders Association, American Subcontractors Association, Associated Builders and Contractors, The Associated General Contractors of America, Mason Contractors Association of America and Mechanical Contractors Association of America-will join the petition.
The construction industry presented substantial evidence that OSHA's proposed permissible exposure limit was technologically and economically unfeasible. The groups are concerned that the agency failed to take into account this evidence and moved forward with the same unfeasible PEL in the final rule.

MD Rehab Code Adopted
The Maryland Housing and Community Development adopted the Maryland Building Rehabilitation Code with an effective date of April 11, 2016 (Ref:.1/22/2016 MD Register ).  The 2015 International Existing Building Code constitutes the Maryland Building Rehabilitation Code with one modification -  Chapter 4. Delete Section 410.8.8 Type B dwelling or sleeping units.

MD Adopts Lower VOC Requirements for Architectural Coatings
The MD Department of the Environment adopted 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 (Ref: 1/15/2016 MD Register ).

The new ICC/ASHRAE 700-2015 National Green Building Standard™, now an ANSI standard,  is available as a free e-book or as a hard copy for purchase through NAHB BuilderBooks.  NGBS is an important resource for anyone in the residential construction industry interested in sustainability. It outlines practices and materials that can be used to minimize a project's environmental footprint and provides a pathway by which builders and developers may seek third-party certification of their new homes, developments and remodeling projects.

Fannie Mae introduced the HomeStyle Energy mortgage which enables borrowers to finance energy-efficient upgrades when purchasing or refinancing a home. This mortgage may be more affordable than a subordinate lien, home equity line of credit, Property Assessed Clean Energy loan or unsecured loan. The HomeStyle Energy mortgage allows borrowers to finance up to 15 percent of the "as-completed" appraised property value of a home. Individuals can finance up to $3,500 in weatherization or water-efficient improvements with no energy report. More information about the HomeStyle Energy mortgage is available on Fannie Mae's website .
MAY 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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The Maryland Building Industry Association has a government affairs staff of  representing you and your interests in each county and at the state level from the Maryland State Builders Association and federally f rom the National Association of Home Builders.

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