STATE OF MARYLAND
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Governor's Regulatory Reform Commission
The Governor's Regulatory Reform Commission is beginning the second phase of regulatory review to determine ways to streamline requirements and make government more business friendly. This year's focus will include elements of the Erosion and Sediment Control Regulations and septic regulations.
Summer Studies
Annapolis will be busy this summer with interim studies to work on issues that were not resolved through legislation in the 2016 session.
Topics include:
Construction safety legislation (concrete framing requirement), land banks, foreclosures, lead paint, energy efficient and renewable energy for new construction units, MHIC enforcement, HOA issues and Aligning for Growth requirements for the Bay TMDL.
New Laws
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ANNE ARUNDEL COUNTY
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Expedited Review
Bill 23-16, which authorizes the County to create an expedited third party review process for engineering plan reviews, passed. The MBIA supported this legislation that creates a voluntary track for plan reviews that could potentially save time and ultimately, money, for MBIA members. The County is currently writing rules for interested engineers so they may apply to be third party reviewers. The MBIA will continue to monitor this legislation and its impact.
APFO
The MBIA held off another attempt to pass APFO legislation in the Annapolis City Council on Bill O-36-16. Another vote is scheduled for July 11th while the joint Annapolis and Anne Arundel County APFO task force continues to search for solutions to school funding and capacity issues in the City and County. A report by the task force is expected in the next few months. As written, Bill O-36-16 would effectively close all development in the City of Annapolis within 3 years. The MBIA is opposed to this legislation and is working with both the task force as well as City Council Alderman to find an alternate approach.
Annapolis Forest Conservation Act
Bill O-22-16, re-writing the Annapolis Forest Conservation Act was introduced before the Annapolis City Council. The bill and its related documents can be viewed
here
. The MBIA has numerous concerns with the bill as drafted and is working with the Mayor and City Council to address those concerns as the bill works its way through the legislative process.
PWA Deferrals
Anne Arundel County Department of Planning and Zoning issued guidance on PWA deferrals as a result of Council Bill 17-16. View the guidance >>>
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BALTIMORE CITY
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PAC
On June 16th the Baltimore City MBIA Political Action Committee held another successful edition of its annual crab feast. In a time of major turnover in Baltimore City's political scene, MBIA members were able to spend time with Mayor Rawlings-Blake, City Council President Jack Young, Democratic nominee for Mayor Catherine Pugh and numerous incoming City Council members.
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. No new voting sessions are scheduled at this time but the MBIA looks forward to completion of the code by the end of 2016. Please contact Josh Greenfeld
if you would like a copy of proposed map amendments for the various City Council districts.
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BALTIMORE COUNTY
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PAC
On June 22nd, the MBIA Baltimore County Political Action Committee joined County Executive Kevin Kamenetz and County Council members Almond, Jones, Marks, Bevins and Crandell for a wonderful evening at Ocean Pride crab house. Thank you to sponsors and attendees.
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CALVERT COUNTY
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Calvert BOCC puts Timeline in Planning Commission
The Calvert County Board of County Commissioners adopted a resolution that streamlines procedures for amending the Calvert County Zoning Ordinance. The resolution clarifies the roles of the Board of County Commissioners and the Calvert County Planning Commission regarding zoning ordinance amendments. It also sets a timeline for planning commission action to ensure timely public input. The policy states that, once the BOCC refers proposed amendments to the planning commission, the commission has up to 180 days to make a recommendation to the BOCC. If the planning commission makes no recommendation within that time, the BOCC may vote to proceed with its public hearing, deliberation and decision regarding the proposed amendments without the commission's recommendation, except where state law requires the planning commission's recommendation to move forward. Exempted from this policy are certain amendments for which planning commission recommendation is required by state law.
The policy further states that failure of the planning commission to meet the time objective is grounds for removal of commission members by the Board of County Commissioners.
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CARROLL COUNTY
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New Director of Public Works
Jeffrey Castonguay has been appointed Director of Public Works in Carroll County after previously serving as Bureau Chief of Utilities.
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CHARLES COUNTY
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Comprehensive Plan Update
The Commissioners held a final work session to vote on the proposed Comprehensive Plan amendments on Tuesday, June 28. Commissioner(s) Ken Robinson and Amanda Stewart offered 25 amendments to the most recent draft Plan. The Commissioner(s) Ken Robinson, Amanda Stewart and Commissioner President Peter Murphy voted together in favor of all the proposed amendments. Only proposed Amendment 22 was withdrawn by its sponsor Commissioner Stewart. Commissioner(s) Bobby Rucci and Debra Davis were the dissenting vote on most of the proposed amendments. Approval of the Comprehensive Plan is scheduled for July 12, 2016.
View the proposed amendments>>>
Private On-site Stormwater Management Facilities Agreement Declaration of Covenants Form
Charles County Planning, Growth, and Management has issued a Green Notice that deals with the creation of a standard Single and Multiple Lot Inspection and Maintenance of Private On-site Stormwater Management Facilities Agreement Declaration of Covenants Form. The Green Notice said the following:
The new form is necessary in order to comply with the latest requirements of the County's National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System permit. The new agreement form will be added to the documents within the Easements & Agreements appendix 13 of the Plan Preparation Package (June 2012). The new agreement form will also be referenced in the Plan Preparation Package (June 2012) in Section II. N. Dedication/Conveyance Documents 1.b. Stormwater Managements Easements and Agreements with the addition of the following: 5. A "Single & Multiple Lot Inspection and Maintenance of Private On-site Stormwater Management Facilities Agreement" (Appendix 13) shall be conveyed to the County for every lot that has a stormwater management facility, non-structural swm devices and/or Environmental Site Design devices, to allow for the inspection of private on-site systems located on a single lot or on multiple lots. This agreement form can be used for existing lots. For new lots, this agreement must be properly executed, recorded and a copy provided to the County, prior to the issuance of the Building Permit. The new agreement form as well as the requirements for recording the document prior to the issuance of the Building Permit, will be effective on August 1, 2016. View the document >>>
Standard Unit Price List
The Charles County Standard Unit Price List is being updated. The Unit Price List is used as the basis for estimating the cost of developer projects for the purposes of establishing review fees, inspection fees and bonding. The Standard Unit Price List has been revised to account for inflation. Effective July 1, 2016, the Unit Price List will be updated which will result in approximately 1.2 percent increase in unit costs. The requirements will apply to all development services permit applications received on or after July 1, 2016. A copy of the FY17 Standard Unit Price list will be available free at the Government Building Permit Office or at www.charlescountymd.gov on or about July 1, 2016.
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DORCHESTER COUNTY
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Residential Sprinkler Tax Credit
Dorchester County Council has introduced Bill No. 2016-3, the Residential Sprinkler Tax Credit. The bill will grant a property tax credit against the property tax imposed on newly constructed residential property with an automatic fire protection sprinkler system. The proposed County property tax credit is the lesser of the total cost of the sprinkler system or $5,000. A hearing on the bill will be held on Tuesday, July 5, 2016 at the County Office Building, 501 Court Lane, Room 110, Cambridge, MD. View the bill >>>
Solar Farm
A 20 megawatt solar farm on approximately 180 acres from the corner of Route 392 to Hawkeye Road is proposed for Dorchester County. Residents have requested that the Council send the proposal back to Planning and Zoning for review as they feel it is too close to residences.
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HARFORD COUNTY
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HarfordNext Master Plan
The HarfordNext Master Plan was heard before the County Council on June
7th. The building and development industry was well represented after putting out a call to members to make their voices heard. The legislation should receive a final vote at the next Council session.
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HOWARD COUNTY
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PDOX Submission Deadlines
After fielding concerns from the MBIA, Howard County DPZ has decided to return to its previous intake policy for Friday plan submissions which will again be accepted until 5pm. As a reminder, Planning Director Lazdins has clarified the current rules below:
- "For new or revised plan submissions that are due on a Friday, Saturday, or Sunday; submittals must be uploaded to PDox on Friday and be reviewed and officially accepted by DPZ intake staff, with an email confirmation. All required processing fees and paper prints must be included. Everything must be submitted by the close of business (5:00 PM) to comply with APFO milestone and revised plan submission deadline dates, in accordance with the Adequate Public Facilities Regulations.
- Standard plan submission appointments are still necessary. Appointments are scheduled between 8:15 AM and 11:00 AM, Monday through Friday. Again, for plans with a Friday or weekend deadline - unless all submittal requirements have been met and are accepted by Friday 5:00 PM, the plan will have missed its deadline and a waiver petition must be submitted and approved to reactivate and extend a deadline. Please do not assume that all waivers will be approved and please do not assume that a submitted plan has been accepted for processing to meet a deadline date just because the process to upload plans into PDox has begun. If someone is not certain that a plan has been accepted, please contact the DPZ intake staff before 5:00 PM."
Weekend and Holiday Deadlines Legislation Proposed
After hearing concerns from the MBIA regarding the challenges of submission deadlines falling on weekends and holidays, County Executive Kittleman has pre-filed legislation changing various deadlines that occur on weekends, holidays and government closures to the following business day. The legislation is not yet available but MBIA will closely monitor this bill to ensure it addresses the concerns of the industry.
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MONTGOMERY COUNTY
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MNCPPC
The Planning Board celebrates the retirement of Amy Presley to be replace by Gerald Cichy on July 28th. He is invited to attend our Chapter meeting on July 20th.
Subdivision Staging Process (used to be the Annual Growth Policy)
This is in front of the Planning Board and the goal is to finalize prior to July 28th.
Controversial Issues continue to be the use of Four Impact Tax districts (red, yellow, orange, green).
New transportation tests can result in increase for some commercial, industrial and retail by over 150 percent and may propose reducing some residential taxes by up to 50 percent.
Discussions are in constant flux. The next Planning Board work session is July 14th
SRA 1601
The two major issues concern private roads where there is public access and ownership lots remain in flux. This remains in front of the PHED Committee. There is no regulatory requirement as to when this must be completed. They are reluctant to move forward until issues have been fully reviewed. The department Of Permitting Services questions the practice of creating "ownership lots" to facilitate the financing of different structures on the same parcel in mixed-use urban development, despite the Council specifically allowing this in the Subdivision regulations with the adoption of SRA 12-04 in 2013. DPS maintains that an ownership lot line must be treated as a property lot line, and as such, triggers IBC requirements which must be met.
MNCPPC endorses the use of ownership lots (the Planning Board actually recognizes that multi-phased projects with multiple buildings often result in buildings that are built at different times, financed by different lenders, and may be owned by different entities), and has referenced the creation of ownership lots in its conditions of approval.
After over 18 months of meeting; MNCPPC made the decision not to approve any record plats that have ownership lots. DPS suggests creating a condominium in lieu of ownership lots).
Several works-in-progress drafts are circulating that may resolve the DPS/ P&P conflict, and allow Record Plats with ownership lots to be approved and recorded
Pre-submission Offer
Park and Planning encourages large community applications to meet at no cost to the applicant, prior to submission. Every MNCPPC agency that reviews the plan will be included in the meeting.
County Council
ZTA 16-06
Please
review the link
concerning a bill presented by Councilmember Leventhal (co-sponsored by Councilmembers Navaro and Katz) on June 21st that can seriously impact the ability to put up temporary directional or sales signs on private property and a ban on limited duration signs ("snipe or bandit signs or realtor open house signs, yard sales, high school musicals, etc.) on public rights of way.
This bill comes before the Council for a public hearing on August 2, 2017, at 1:30
Bill 19-15
Landlord - Tenant Relations - Licensing of Rental Housing - Landlord-Tenant Obligations was introduced at the Montgomery County Council on April 21, 2015, sponsored by Councilmember Marc Elrich, with co-sponsors Councilmembers Nancy Navarro and Tom Hucker. The Bill creates redundancy with current practices, conflicts with state law requirements to protect tenants' rights and privacy, requires a yearly inspection of all properties with more than two rental units (current baseline requires three-year inspection on properties with 20 or more units, which averages to approximately 6,000 inspections per year), and requires the use of a standard form lease and applicable optional provisions for certain residential rental properties.
The PHED Committee, on June 27, held its 3rd work session. At the conclusion of the nearly two hours of word-smithing, PHED Chair recognized that a fourth work session will be required, the next worksession is tentatively scheduled for July 22. We continue to work with AOBA and will monitor.
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PRINCE GEORGE'S COUNTY
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Building and Electrical Code Changes to Plans on File
Effective July 1, 2016, all "Plans on File" shall be updated to include the 2015 editions of the "International Building Code," "International Mechanical Code," "International Energy Conservation Code," "International Existing Building Code," "International Residential Code" for one- and two-family dwellings and the "2014 National Electric Code" with local Code amendments. Local Code amendments are included in CB-90 and CB-91-2015 and are available on the
County's website.
Floodplain Ordinance
The Prince George's County Council will be reviewing the County's Floodplain Ordinance in the Transportation, Housing and the Environment Committee on July 7th at 10:00 am.
Please see the attached document >>>
Charter Amendment Proposes to Increase Membership of the Council
The Prince George's County Council has proposed an amendment to the county charter that would provide for the election of two additional members to the County Council. The proposed Charter Amendment would provide for the election of council members by district and at large, change the composition of the Council to a system of nine district members and two at large members, and provide for the eligibility of at-large members of the Council.
Proposed Green Building Standards and Incentive
The Prince George's County Planning Department is rewriting the county's Zoning Ordinance and Subdivision Regulations that determine how land or property in Prince George's County can be developed.
As part of its Zoning Rewrite, Prince George's Planning Department is seeking comments on Proposed Green Building Standards. The proposed includes both green requirements as well as incentives. The green requirements would apply to all new development with exemptions that include development of less than 10 dwelling units and for new buildings achieving LEED certification at the Gold Level or equivalent under an alternate rating system. The Green Building Standards are in Module 2: Division 27-5 Development Standards. You can view and provide comments on the draft Module 2 at https://pgplanning.opencomment.us/node/44. MBIA is drafting comments. For more information contact Annette Rosenblum.
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ST MARY'S COUNTY
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Code Home Rule
The St. Mary's Board of County Commissioners voted 4-1 to put the question of Code Home Rule on the ballot for November's general election.
Commissioner Mike Hewitt Opposed the Ballot Question
O'Donnell leaving delegate seat for appointment to state commission
Del. Tony O'Donnell (R-St. Mary's, Calvert) will be stepping down from his elected position this summer, as Gov. Larry Hogan will be appointing him to the Maryland Public Service Commission, which oversees utilities in the state. The governor will make the appointment based on a list of Republicans to be submitted by the central committees in Calvert and St. Mary's counties.
MetCom's Executive Director Resigns
Scott Bundy resigned as Executive Director of METCOM. He was the Executive Director of METCOM for over six months.
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SOMERSET COUNTY
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Concentrated Animal Feeding Operations
The Somerset County Commissioners are reviewing new proposals for Concentrated Animal Feeding Operations. The proposals include: operations over 200,000 square feet in floor area would have to get approval from the zoning board; there would be landscaping requirements for the first time and the structures' ventilation fans would have to be kept 1,000 feet away from homes off the farm property. The 1,000 foot setback for farms would apply to new subdivisions as well. No decision will be made on the regulations for at least another month.
Smith Island Survival
The Somerset County Commissioners have approved a plan that sets goals for the survival of Smith Island. The plan now becomes an amendment to the county's comprehensive plan and will make projects on the island eligible for grants. The plan lays out five goals for the island:
- Sustain and grow the watermen's livelihood.
- Build a more diverse local economy that leverages the island's tourism potential.
- Develop and maintain infrastructure.
- Develop and maintain a reliable and sustainable transportation system.
- Grow the population with a focus on year-round residents
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WICOMICO COUNTY
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| Concentrated Animal Feeding Operations
The Wicomico County Planning and Zoning Commission will hold a meeting on Thursday, June 30, 2016 to discuss amendments to the draft regulations for Concentrated Animal Feeding Operations. Once a decision has been made on the amendments the draft regulations will move to the Wicomico County Council for approval.
FY 2017 Budget
Wicomico County Council approved a $135 million budget for fiscal 2017 that includes 3 percent pay raises for county employees and maintains the current property tax rate. Funding for scholarships at Wor-Wic Community College that was removed from the budget and placed in contingency was moved back into the budge at the Council June 21, 2016 meeting. The scholarship fund was reduced to $75,000 from $110,000.
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WORCESTER COUNTY
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Solar Facility
Longview Solar has requested the Worcester Commissioners to grant them an 80-percent personal property tax abatement to build a solar facility on 250 aces outside of Berlin on Libertytown Road and one on 110 acres in Snow Hill on Public Landing Road. Worcester County Commissioners have tabled the tax abatement request from Longview Solar until more financial data is gathered.
Solar Photovoltaic Generating Facility
Gateway Solar LLC is proposing to build a 12 MW solar photovoltaic generating facility on the north side of Route 50 just east of Whaleyville. A public hearing on the proposal was held June 9, 2016.
Zoning Change
The Ocean City Planning and Zoning Commission has recommended a zoning change for the historic George Burt Cropper concrete plant to I-1 (inlet district). The property is located along the bay just north of the Route 50 Bridge and just south of 1st Street. A hotel and restaurant are planned for the 4.4 acre property. The Commission has put the following stipulations on the project: any project would have to substantially conform to the concept plan, the height would be capped at eight and a half stories, the 10 foot easement for the bayside boardwalk would have to be included and the project would have to conform to the Ocean City Development Corporation recommendations for the downtown design standards. The recommendation will be forwarded to the Mayor and Ocean City Town Council for their approval.
FY 2017 Budget
The Worcester County Commissioners have approved a $188 million budget for fiscal year 2017.
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OTHER INDUSTRY NEWS
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Confined Spaces in Construction Rule
The National Association of Home Builders' legal challenge to OSHA's Confined Spaces in Construction Rule has been settled in favor of the residential home building industry. Attics, basements and crawl spaces in a residential home will not typically trigger the rule's requirements. Maryland had proposed to adopt the rule but had not finalized adoption due to the pending settlement.
Crystalline Silica Rule
On-Demand Webinar Guidance on Complying with Final Crystalline Silica Rule
The final rule on crystalline silica issued by the Occupational Health and Safety Administration goes into effect June 23, with the construction industry given one year to comply. Maryland has not yet proposed to adopt the OSHA rule.
U.S. Corps Proposes to Suspend Certain National Wide Permits in MD
Th
e U.S. Corps of Engineers - Baltimore District has issued Special Public Notice # 16-37 for the National Wide Permit Reissuance and request for comments. The Baltimore District public notice lists the proposed NWPs to be suspended in Maryland and other localities and the regional conditions currently under consideration by the Corps Districts for Maryland.
According to the notice, suspension of various NWPs will avoid confusion over the State Programmatic General Permit currently in use in Maryland and will eliminate redundancy since State and Federal regulatory programs are administered jointly in these states.
Comments relating to proposed NWP suspensions and regional conditions are due by August 1, 2016.Comments should be sent to U. S. Army Corps of Engineers, Baltimore District Regulatory Branch, CENAB-OP-R, 10 South Howard Street, Baltimore, Maryland 21201.
MD Agriculture Nutrient & Sediment Credit Certification Program
The Maryland Department of Agriculture is proposing regulations under the Department's Agricultural Nutrient and Sediment Credit Certification Program to clarify requirements by amending certain definitions and explaining other requirements, as well as making stylistic changes and corrections (
June 10, 2016 MD Register
).
Public Comments are due by July 11 to Susan Payne, Program Coordinator, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401.
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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.
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Maryland Building
Industry Association
11825 West Market Place
Fulton, MD 20759
301-776-MBIA (6242)
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Chief Executive Officer
Chief Lobbyist,
State Advocacy
Senior Vice President,
Government Affairs
Vice President,
Government Affairs
Vice President,
Government Affairs
Director,
Regulatory Affairs
Vice President,
Government Affairs
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WHO DO YOU KNOW?
Help us make a connection.
Tell us if you know a Federal or Maryland State legislator and how you know them. Are you a neighbor, friend, business associate or second cousin twice removed? We want to know. In the future, we may call on you to introduce us to that legislator. This can make a big difference when important legislation effecting the building industry comes our way.
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Together We Can Do More
Join MBIA Today
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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.
Add up the dollar value of our advocacy victories and you're talking real money - from $6,882 up to $61,000 per housing start depending on the jurisdiction. That's a big number, and a big step toward success.
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Look back through the monthly reports of issues impacting the home building industry.
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