STATE OF MARYLANDMD
SHA Review
State Highway Administration held a follow up forum to review changes made to the highway access permit process and discuss next step changes including electronic submittal of permit applications.

BAT Rollback
Best Available Technology Septic System regulations that require BAT systems for all new construction and major renovations are set to be repealed through a regulatory change by the Hogan Administration.  Advanced systems would only be required in the Critical Area.

Door to Door Sales
Maryland Home Improvement Commission Door-to-Door sales summer study
The MHIC continues to meet with members of the summer study commission including MBIA members to discuss proposals to implement changes to the requirements for door to door remodeling jobs.  Work is expected to continue through the fall.
 
21st Century Schools Commission
The Commission has been meeting throughout the spring and summer to review issues related to school construction costs and possible regulatory streamlining to reduce costs.
 
Fire Safety Construction legislation
The House Environment and Transportation Real Property Subcommittee held a hearing on the Fire Safety legislation introduced in the 2016 Session.  The bill would have required concrete framing for all multifamily structures over 3 stories. MBIA along with other organizations testified at the hearing expressing continuing concerns about the need for the legislation.
   ANNE ARUNDEL COUNTYAA
Third-Party Review
Anne Arundel County has completed and released information and applications regarding the expedited third-party review process recently enacted by the County Council. Three helpful links are posted below for developers and also to apply to be a third party review entity.

Forest Conservation Act
Bill O-22-16, re-writing the Annapolis Forest Conservation Act was referred out of a joint committee of Economic Matters, Environmental Matters and Rules to the full City Council for a vote on September 12th. 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. Please contact Josh Greenfeld if you are interested in working on this legislation for the Association.
 BALTIMORE CITYCity
Special Guests at Next Chapter Meeting
Please save the date for the next Baltimore City MBIA Chapter meeting on Friday, September 2nd at noon at MRA/GTAs Baltimore Office with  Councilman Brandon Scott and Democratic candidates for City Council  Kris Burnett and  Dr. John Bullock. RSVP to Josh Greenfeld.
 
Inclusionary Housing Legislation Introduced
Councilman Bill Henry introduced City Council Ordinance 16-0735 related to "inclusionary" and affordable housing at the Council's August 15th hearing. The bill will be heard on August 31st and September 8th in the Housing and Community Development Committee. MBIA is opposed to the legislation as drafted although the MBIA has worked with the Councilman to create a reasonable bill prior to its introduction. The MBIA urges you to call or email Council President Jack Young and Councilmembers Henry, Clarke and Stokes who are the bill's sponsors and let them know that the development industry is opposed to the bill as currently drafted and urging them to work with the MBIA to support reasonable amendments.
 
Contact info for President Young and Councilmembers:
Councilman Bill Henry (bill sponsor) 410-396-4830
Councilwoman Mary Pat Clarke (sponsor) 410-396-4814
Councilman Carl Stokes (sponsor) 410-396-4811
 
Transform Baltimore Map Hearing Announced
The Land Use and Transportation Committee will hold a voting session on map amendments on September 7th at 5pm at City Hall. The legislation and proposed maps amendments can be found here >>>
If you or your clients own (or are looking to own) any properties in the City, MBIA urges you to take a look at the proposed amendments to ensure that no private individual, community association, City Councilmember or anyone else has proposed unwanted amendments to your properties. If that is the case, you should contact that City Councilmember immediately to discuss the proposed amendments.

Vacants to Value 10k Booster Grants Discontinued
Last Friday, Baltimore City ran out of money to fund additional $10,000 Vacants to Value booster grants for home buyers. The budget for this program was cut as a result of the budget feud between the Mayor and City Council over funding for after school programs. Money is scheduled to return to the fund in July 2017 as part of the FY18 budget and MBIA will advocate for additional funding in the next budget. Please contact Michael Guye, Director of Homeownership with Baltimore City with questions.
 CALVERT COUNTYcalvert
Comprehensive Plan Update and Zoning Ordinance Rewrite
The Calvert County Department of Community Planning and Building will embark on a two-year process to update the county's Comprehensive Plan and Zoning Ordinance.  In September, there will be three informational meetings held in the North, Central, and South portions of the county.  Doors will open 30 minutes before each meeting for an open house. Maps, graphs and other information will be on display. Staff will be available to answer questions during the open houses and after each workshop.
 
Wednesday, Sept. 28
Dunkirk Volunteer Fire Department
3170 West Ward Road, Dunkirk
Open house: 6 p.m.; Workshop: 6:30-8:30 p.m.
Thursday, Sept. 29
Solomons Volunteer Rescue Squad & Fire Department
13150 H G Trueman Road, Solomons
Open house: 12:30 p.m.; Workshop: 1-3 p.m.
Thursday, Sept. 29
Calvert High School
520 Fox Run Blvd., Prince Frederick
Open house: 6 p.m.; Workshop: 6:30-8:30 p.m.
 
Follow along at www.co.cal.md.us/FutureCalvert. To learn more, email [email protected] or call 410-535-1600, ext. 2356.
   CHARLES COUNTYcharles
Amendments to Adequate Public Facilities Manual
The Charles County Commissioners will conduct a Public Hearing on Tuesday, September 13, 2016, at 6:00 p.m., in the County Commissioners' Meeting Room of the Charles County Government Building,
La Plata, Maryland, to consider proposed amendments to the Adequate Public Facilities Manual for Section 4.0, Policy for Determining Adequacy of Schools. The Amendments are proposing to modify the criteria utilized by the County for consideration of the annual grant of school allocations.
DORCHESTER COUNTYdorchester
Next Chapter Meeting
The next meeting of the Eastern Shore Builders Chapter will be on Monday, October 3, 2016 from 7:00 pm to 9:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin, MD.
HOWARD COUNTYHoCo
Weekend and Holiday Deadlines Legislation Passed
After hearing concerns from the MBIA regarding the challenges of submission deadlines falling on weekends and holidays, County Executive Kittleman introduced legislation, CB 51-2016, changing various deadlines that occur on weekends, holidays and government closures to the following business day. The MBIA supported this legislation in the County Council and the Council passed the bill. It will go into effect on October 5th so please plan your current and future deadlines accordingly. 
   MONTGOMERY COUNTYmontcoun
ZTAs
A September 13th hearing is scheduled for 1:30 pm on the following Bills and Zoning Text Amendments (ZTAs):  Expedited Bill 35-16, Building Permits - Amendments; Expedited Bill 34-16, Streets and Roads - Design; ZTA 16-13, Conditional Use - Screening; ZTA 16-12, Building Permits - Amendments; and ZTA 16-11, Rural and Residential Zones - Road Setbacks.

A September 13th hearing is scheduled for 7:30 pm on the Subdivision Staging Policy, the quadrennial update to the rules by which the Adequate Public Facilities Ordinance is implemented, and on Bill 37-16, Taxation -Development Impact Tax -Transportation and Public School Improvements -Amendments. 

Bill 37-16 
Taxation  Development Impact Tax -Transportation and Public School Improvements - Amendments.   As required by the 2016 Subdivision Staging Policy,, the Planning Board recommended changes to the County law concerning the development impact tax for transportation and public school projects. Bill 37-16 would implement the Planning Board's recommended amendments to the impact tax laws. The Bill would:
  • modify the method of calculating the transportation and public school impact tax;
  • create new transportation tax districts associated with policy area categories;
  • adjust the transportation impact tax for residential uses based on non-auto driver mode share associated with each tax district;
  • adjust the transportation impact tax for non-residential uses based on vehicle miles of travel associated with each tax district;
  • authorize an adjustment to the transportation impact tax for providing parking below the minimum required under Chapter 59; and
  • modify the public school impact tax payable for property located in a former enterprise zone. 
Expedited Bill 35-16 
Building Permits - Amendments is tied to the approval of Subdivision Regulation Amendment (SRA) 16-01 and ZTA 16-12. The intent of the proposed amendments is to consolidate building permit provisions to one chapter of the County Code, and to add provisions for ownership units.
 
Expedited Bill 34-16
Streets and Roads - Design would define certain terms, establish a permit requirement for closing a private road, clarify provisions for permanent structures approved in a site plan and establish road design criteria. These changes were initiated by revisions proposed in SRA 16-01 and provide better coordination with Planning Board approvals.
 
ZTA 16-14
Special Exception -Amendments would clarify that a special exception approved under the prior zoning code may be expanded under the procedures and substantive provisions of the prior zoning code. A public hearing is scheduled for September 20, 2016 at 1:30 p.m.
 
ZTA 16-13
Conditional Use - Screening would exempt single-family detached houses from parking design standards and from most of the detailed screening standards for Conditional Uses (which were never applied), except for compatibility.
 
ZTA 16-12
Building Permits - Amendments would delete building code requirements in the zoning code. The deleted provisions are included in Bill 35-16.
 
ZTA 16-11
Rural and Residential Zones - Road Setbacks would eliminate the zoning incentive for private roads. Currently, the setback required from a private road is much less than the setback required for a public road. ZTA 16-11 would make the required setback for public and private roads equal, if the reduced setback is approved through the site plan approval process.
 
ZTA 16-10
Transferable Development Rights Overlay Zone - Optional Method Standards would amend the optional method requirements for the Transferable Development Rights Overlay zone by reducing the required common open space area. A public hearing is scheduled for 9/20/16 at 1:30 pm.
 
ZTA 16-09
Commercial/ Residential Zones - Location Signs would allow a location sign (a wall sign at least 26 from the ground) in Commercial / Residential zones on each face of a building. A public hearing is scheduled for September 20 at 1:30 pm.

Signs in Public Rights of Way
On August 2, the Council held a public hearing on ZTA 16-08, Commercial/Residential "T" Zones - Workforce Housing, which would allow density flexibility for the provision of workforce housing; ZTA 16-07, Exemptions - Pre-1958 Lots, which would reinstitute for these lots provisions for that existed before the zoning ordinance rewrite; and ZTA 16-06, Prohibited Signs - Public Rights of Way, which would prohibit all non-permanent signs in public rights-of-way and specify enforcement procedures for illegal signs in rights-of-way. A PHED Committee worksession on these ZTAs is tentatively scheduled for September 12.

Montgomery County Adopts 2014 National Electrical Code
Montgomery County has adopted the 2014 National Electrical Code with amendments. Use of the new code is mandatory on Oct. 3rd. DPS has scheduled four sessions on the new Code - Sept 13 & 14th from 9-11 AM and 1-3 PM. RSVP by September 8 to Tia Littlejohn-Adams.
 
Montgomery County Single Family Radon Disclosure in Effect Oct. 1
On October 1, 2016, Montgomery County will require that before sale of new and existing single family home (detached or attached) a radon test must be performed less than one year before the settlement date. The test of the home can be performed by either the buyer or the seller and must be disclosed to both.
  PRINCE GEORGE'S COUNTYprinceg
Urban Street Design Standards
The Prince George's County Department of Public Works and Transportation will be submitting legislation to the County Council that will deal with new Urban Street Design Standards.  In 2015, the County Council passed CB-86-2015, a bill that requires the incorporation of Urban Street Design Policy and Principles to DPW&T's Specifications and Standards for Roadways and Bridges.  In order to meet the requirements of the bill, the County Executive is required to transmit legislation to the County Council by October 1, 2016, for approval by Resolution of the County Council, the regulations concerning comprehensive road design and construction standards for Regional Transit Districts and Local Centers as identified in the Plan Prince George's 2035.
 
Resource Conservation Plan
A joint public hearing on the Preliminary Resource Conservation plan will be held on Tuesday, September 27, at 7 p.m., 1st Floor Council Hearing Room, CAB, 14741 Gov. Oden Bowie Drive, Upper Marlboro, MD 20772.  The Countywide Resource Conservation Functional Master Plan (the "Resource Conservation Plan" or "RCP") will combine the related elements of green infrastructure planning and rural character and agricultural conservation into one functional master plan in order to streamline the process, meet state requirements for planning elements, and more efficiently update existing plans and maps.  View the Resource Conversation Plan >>>
  ST MARY'S COUNTYstmarys
Accepting Applications
Three or more qualified applicants are still being sought by the Commissioners of St. Mary's County interested in serving on the St. Mary's County Building Code Board of Appeals. Requirements include: individuals should be licensed professional engineers; licensed master electricians; master plumbers or master natural gas fitters; heating, ventilation, air-conditioning and refrigeration contractors holding a master license; and individuals with expertise in the building trades. Those appointed to the board will serve a three year term.  No compensation is provided. Pursuant to Resolution No. 2016-24, the  St. Mary's County Building Code Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by a building inspector and may grant modifications for individual cases. Appointees will be expected to attend all meetings, some of which may be telephonic.
Individuals interested in volunteering to serve on the board should complete an online application available on the county website at http://co.saint-marys.md.us/voluntr/ .  Applicants should be sure to attach a resume with their online application. All applications should be received by close of business on September 5, 2016.
  SOMERSET COUNTY  som
Chicken Houses
The Somerset County Commissioners have passed Ordinance No. 1111 - an ordinance to amend the Somerset County Zoning Ordinance to regulate the construction, location and use of poultry houses.
The allowable distance between poultry and off-site homes is 400 feet.  The ordinance requires chicken houses of 225,000 square feet in floor areas or larger to go to a public hearing.  Farmers are also mandated to install a thick band of plants and trees around certain parts of their operations to serve as screening.  A setback of 500 feet is required for residences situated directly across from tunnel fans.  The Ordinance will take effect on October 1, 2016.  All applications made prior to this effective date will be exempt from the requirements stated in the Ordinance.
  WICOMICO COUNTYwicomico
Comprehensive Plan
The Wicomico County Council has resumed reviewing their Comprehensive Plan.  At their most recent meeting they reviewed county zoning, CAFO zoning, priority preservation areas and their tier map program.  They are also looking at re-certification of their agricultural program (they lost this certification several years ago).  The Council has set a goal of completing the plan by the end of September.
 
Chicken Houses
The Wicomico County Council held a public hearing on Legislative Bill 2016-11 - Ordinance to Regulate the Construction, Location and Use of Poultry Houses.  About 600 people attended the hearing.  Residents were concerned that the ordinance did not go far enough to protect the health of its citizens.  Several speakers urged the Council to add an amendment dealing with health to the ordinance.  The ordinance, as written, has increased the minimum setback to 200 feet from all property lines, including roads.  Setbacks from existing houses not on farm properties, schools, churches, daycare facilities and similar buildings must be 400 feet.  In addition, certain residential areas, must have a minimum 500 foot setback from other dwellings if their exhaust fans face away from those buildings; 600 feet if they don't.  Buffers must also be provided. The Council will vote on the ordinance on September 6, 2016 during their legislative session.
 
Salisbury Mater Plan
The City of Salisbury continues to work on their master plan for their redevelopment of downtown.  Redevelopment of city-owned vacant properties and parking lots is moving forward.  The City Council has awarded contracts to developers for three major projects at downtown parking Lots 1 and 11 behind the Downtown Plaza, at Lot 30 on Route 50 at Lake Street and on vacant city-owned land at the Port of Salisbury Marina.
  WORCESTER COUNTYworchester
Chicken Houses
Worcester County is putting together a proposed zoning code amendment for its development of poultry farms.  The proposed regulations would provide precise definitions of what qualifies as a poultry farm and delineates between small, medium and large-scale operations.  In addition, adjoining property owners have the right to request a public hearing during the water supply appropriations permit process.  The proposal must first be approved by the Worcester County Planning Commission.
 
New School
The conceptual design and education specifications for the Showell Elementary Replacement School has been approved by the Worcester County Board of Education.  The price tag for the school is about $35.8M.  The bidding phase is set to begin in August 2018.  Construction is set to begin in March 2019 and last until July 2021.
  OTHER INDUSTRY NEWSother
MD to Adopt Amended 2015 National Standards Plumbing Code
The State Board of Plumbing has proposed to adopt with amendments the 2015 National Standard Plumbing Code Illustrated, the 2015 National Fuel Gas Code and the 2014 Liquefied Petroleum Gas Code  (August 5, 2016 Maryland Register).More than half of Maryland counties use the National Standard Plumbing Code Illustrated.
Amendments are proposed to the Plumbing Code pertaining to plumbing in flood hazard areas, requiring tracer wire on underground non-metallic piping, hot water supply temperature maintenance, design of individual sewage disposal systems, and private water supply systems.
Comments can be made through October 7, 2016 to Robin Bailey, Executive Director, Mechanical Licensing Boards, Department of Labor, Licensing and Regulations Final action on the proposal will be considered by the Board of Plumbing at its public meeting on Oct. 20.

MDE to Meet Development Community on Nontidal Wetland Regulations
MDE will meet with the development community to get feedback on potential revisions to Maryland's nontidal wetland mitigation regulations and nontidal wetland in-lieu fee rates. The meeting is scheduled for September 19, 2016 from 1:00-3:00 PM in the Gunpowder Falls Conference Room, located at MDE, 1800 Washington Blvd, Baltimore, MD 21230. Space is limited. RSVP to Kelly Neff. Find out more information on the proposed regulation changes and other public meetings >>>

County Guidance on Stormwater Management Administrative Waivers
Available Information on county Stormwater Management Regulation Administrative Waivers is available to MBIA members only on the MBIA website . Login and then go to Quicklinks/Government Affairs.

MBOA Guide to Building a Residential Deck
The Maryland Building Officials Association has made available its new Deck Guide for building a code compliant residential deck. View it here >>>
SEPTEMBER 2016
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