STATE OF MARYLAND
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BAT Repeal
The repeal of the Best Available Technology septic system requirement went into effect on November 24th with some minor changes. Local jurisdictions will maintain the authority to require BAT systems on a case by case basis due public health or water quality concerns.
School Construction Funding
The 21st Century Commission on School Construction Funding has decided not to issue an interim report in mid-December as scheduled. The Commission may put forward recommendations for the 2017 General Assembly Session but otherwise will continue their work through 2017.
Door-to-Door Sales
The Door-to-Door Sales Interim study report will be issued by the end of December.
Nutrient Trading
The final policy document on nutrient trading will be issued by MDE by the end of the year.
Offsets
MDE has proposed 2 alternatives for establishing an Offset Policy for new development. Both alternatives assume that any new load is largely mitigation by Environmental Site Design stormwater regulations.
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ANNE ARUNDEL COUNTY
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Rural Conservation Line Legislation Proposed
Anne Arundel County Executive Steve Schuh has proposed legislation to create a "Rural Conservation Line" in the County similar to Baltimore County's Urban-Rural Demarcation Line (URDL). The proposed boundaries of the line largely track the tier mapping as required by State septic legislation. The legislation and the proposed map can be found
here. The MBIA has not yet taken a position on this legislation which has a public hearing on December 5th.
New Forestation Agreement
Anne Arundel County has updated their Forestation Agreement which contains a date of Nov 2016 in the lower right hand corner. OPZ is asking that all submittals use this agreement as of Monday Nov 14, 2016. Agreements that have already been submitted to the County or have been signed and dated by the applicant prior to November 14th but not yet submitted, will be honored under the previous format.
Review the new agreement which is also posted online.
Forest Conservation Checklist Data Reporting Updated
The County has updated its FCA checklist for required data. The county has not been collecting the floodplain and stream buffer data in the past but as part of OPZ taking over the yearly report to the state under the July 1, 2016 reorganization, OPZ has revised the checklists to match what the state is now asking it to provide.
View the Checklist>>> This additional information will be required for any resubmittal or new application after Jan 1, 2017. If you do not have plat approval or SDP approval by January 1, 2017, OPZ will require the additional data.
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BALTIMORE COUNTY
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Councilwoman Vicki Almond and Councilman David Marks' Bill 73
Open Space passed the County Council after more than 2 years of work by the MBIA to make these necessary changes to the County's Local Open Space Ordinance to provide increased flexibility, predictability and sustainability.
Read the MBIA testimony in support of the bill >>>
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CALVERT COUNTY
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Sign Ordinance
The Calvert County Sign Ordinance Ad Hoc Committee recommended that the Board of County Commissioners approve the draft sign regulations with refinements. Staff will be meeting with the Board on November 29th. Here are the next steps after the County Commissioners review the draft regulations:
- The draft regulations will be sent to the Planning Commission (PC) for review (Work Session #1).
- The PC will direct the draft be distributed to agencies and stakeholders for comments (the draft will be sent to the members of the Ad Hoc Committee).
- The PC will review comments (Work Session #2) and either direct staff to proceed with scheduling a joint public hearing or rework the regulations and resubmit them for review.
- There will be opportunity for public comment before and at the joint public hearing.
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CHARLES COUNTY
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Official Zoning Map Amendment #16-54
The proposed amendments to the Official Zoning Map is to rezone 9,489 properties located on 36,769.61 acres in the northwestern part of Charles County in order to create a new Watershed Conservation District Zoning Category on the Official Zoning Maps. This will replace twenty different zoning districts in this area and zone them as Watershed Conservation District as consistent with the new WCD Zoning Text Amendment and in order to implement the direction and intent of the Comprehensive Plan.
Zoning Ordinance Text Amendment #16-142
The proposed amendments to the Zoning Ordinance are to incorporate new regulations and create a new Watershed Conservation District Zoning Category within the Zoning Ordinance. This will replace the district known as the Rural Conservation - Deferred Zoning District, which will be omitted from the Zoning Ordinance. The new Watershed Conservation District will implement the direction and intent of the recently adopted Charles County Comprehensive Plan.
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HOWARD COUNTY
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Two new Ellicott City flooding bills introduced
Councilmembers Weinstein and Ball have introduced Bills 79 and 80 relating to flooding and stormwater management in the Tiber-Hudson Watershed (Ellicott City). Bill 79 adjusts the Howard County design manual to reflect updated NOAA rainfall statistics for a 100 year storm event and Bill 80 limits alternative compliance and variance requests in the Tiber-Hudson watershed. The MBIA has not taken a position on these bills.
Ellicott City Temporary Development Moratorium Bill Remains Tabled
Through intense advocacy, including meeting with every Councilmember and providing state of the art mapping and scientific resources to the County Council, the MBIA was able to get CB 65 tabled with a commitment to working on real solution to downtown Ellicott City flooding issues in the near term as well as long term in its place. The MBIA opposed this legislation and testified against it at a September 19th public hearing and submitted this testimony.
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MONTGOMERY COUNTY
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Montgomery County Council Approves 2016-2020 Subdivision Staging Policy
On November 15 the Montgomery County Council approved the 2016-2020 Subdivision Staging Policy (formerly called the Adequate Growth Policy). The stated goal of the of the Subdivision Staging Policy is to ensure public facilities, particularly schools and transportation facilities, are adequate to accommodate new development and this update to the SSP includes significant changes to transportation and school policies. A key issue under transportation policy is that this SSP moves away from policies focused predominantly on car travel by creating a multi-modal adequacy test that shifts the focus from car travel to person travel and changes were made to Local Area Transportation Review that are designed to provide more detailed traffic study requirements. Under school policy a new annual school test combines the current cluster level tests with individual school tests with the intent of putting a spotlight on significantly overcrowded schools.
County Council Adopts New (Increased) Impact Tax Rates
Subdivision Regulations Rewrite
The Montgomery County Council unanimously approved a proposed rewrite of the County subdivision code that modernizes provisions and allows for administrative subdivision approvals under certain circumstances. Key issues addressed in the Regulations Rewrite are Private Roads Easements and Ownership Units, all of which are interrelated. The Rewrite also includes changes concerning underground utilities, adequate public facilities provisions, building permit provisions, traffic mitigation agreements, the identification of encumbrances and a codification of minimum spacing between intersections.The effective date is February 13, 2017; all pending plans filed before the effective date have the option of proceeding under the current subdivision code.
County Residents Overwhelmingly Approve Term Limits for Council and County Executive
A ballot question proposing term limits (three consecutive terms) for Council members and the County Executive was approved by 69 percent of voters on November 8; as a result Councilmembers Nancy Floreen, Marc Elrich, George Leventhal and Roger Berliner are all barred from seeking re-election in 2018 as is County Executive Ike Leggett.
IgCC Extension
At its November 15 meeting, the Montgomery County Council passed a resolution to extend time until June 30, 2017 for Council action on Executive Regulation 21-15, Adoption of the 2012 International Green Construction Code. A PHED Committee work session will be scheduled to discuss the IgCC and its adoption.
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PRINCE GEORGE'S COUNTY
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MC/PG 105-17 Appointment Procedures for Commissioner to the Planning Commission
This bill would have repealed certain provisions of law establishing the appointment procedures for a member of the Maryland-National Capital Park and Planning Commission. If this bill were to pass, it would allow the Prince George's County Council to appoint all five commissioners to the Planning Board. Those appointees selected would then be subject to the approval of the County Executive. A public hearing has been scheduled for early December to discuss this matter.
Urban Street Design Manual
The County Council adopted CR-85-2016, a resolution concerning the Urban Street Design Manual. The design manual will incorporate the urban street design standards and specifications as consistent with Plan Prince George's 2035 for Regional Transit Districts and Local Centers in Prince George's County. The resolution passed favorably with amendments.
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ST MARYS COUNTY
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Code Home Rule
A majority of voters in St. Mary's County voted against changing the local form of government, which was on a local referendum. About 60 percent of voters decided not to adopt the form of government known as code home rule, which would give the Board of County Commissioners the power to enact certain local laws without going through the General Assembly.
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WICOMICO COUNTY
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Development Impact Fee Repeal
The Wicomico County Council passed Wicomico County Bill 2016-12 Repeal Chapter 130 of Wicomico County Code, titled "Development Impact Fees" in its entirety by a 6-1 vote. This repeals the impact fee of $5,231 on single family homes and $1,524 on all other residential. Thank you to all the MBIA members who responded to our call to action.
Read the bill >>>
Comprehensive Plan
The Wicomico County Council will hold a Public Hearing on Tuesday, December 20, 2016 at 10:00 am on their Comprehensive Plan. The plan includes a revised draft map of the State's Tier Map. This map would give the county the ability to move property's from Tier Four to Tier Three and from Tier Two to Tier Three. Also, the County has decided to leave transition areas around towns and municipalities in the plan so that there would not be any down zoning on these properties. The County has included a priority preservation area in their plan. In addition, the one in three cluster has been maintained. Once the Comprehensive Plan is adopted they will start work on the County Zoning Map.
New Development
The City of Salisbury Council has awarded a $50,000 contract to Salisbury Development Group to develop city-owned parking lot l0 located at the intersection of Routes 13 and 50. The lot will be a mixed use development.
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WORCESTER COUNTY
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Wind Projects
Applications for Offshore Wind projects closed on November 18, 2016. The applications now enter a 180 day evaluation, which will check to see which projects fit the legislative criteria outlined in the Offshore Energy Wind Act. If an application is found to meet the criteria and approved, construction of the windmills could begin in 2019 with the plants up and running by 2020.
Flood Map Revision
FEMA has revised its flood map for the northern part of Ocean City. The revision is based on updating the delineation of the primary frontal dune to include the US Army Corps of Engineers Atlantic Coast of Maryland Storm Protection Project and excludes the secondary dunes that are non-continuous, private landscape areas. This will give the properties between 93rd and 123rd Streets much needed relief.
Replacement School
The Worcester County Commissioners approved $1.6 million to complete the schematic design development and construction documents for the Showell Elementary Replacement School. Design documents are expected to be complete by the spring of 2018. Bidding should take place in the summer of 2018 so construction can start in early 2019.
Convention Center Expansion
The Mayor and Ocean City Council have approved a $34 million expansion to the Ocean City Convention Center. State funding for the matching share of the project through the Maryland Stadium Authority will be requested. If approved the state would fund 60 percent of the project and Ocean City 40 percent. Ocean City's share would be funded by the one cent added to their food tax. The proposed expansion would add 30,000 square feet of exhibit space on the north side of the facility that would tie into the existing Exhibit Halls A and B
Plumbing Permit Revision
The Mayor and Ocean City Council passed an ordinance relaxing the permitting and inspection process for the simplest of plumbing jobs. The amendment to the building code allows certain fixtures to be repaired or replaced on all properties without a permit and to give property owners the opportunity to be inspected by the city staff.
Mayor Re-Elected
The Town of Ocean City has re-elected Rick Meehan as Mayor. Elected to City Council were: John Gehrig, Dennis Dare, Tony DeLuca and Mary Knight.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting on Tuesday, December 6, 2016 from 7:00 pm to 9:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. (Note the day has been changed from Monday to Tuesday this one time due to meeting room availability). Please RSVP to Joan Strang or call 410-845-0132.
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OTHER INDUSTRY NEWS
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WSSC Launches ePermitting System
WSSC launched its ePermitting system on November 21, 2016
. WSSC will no longer accept paper applications. The ePermitting system allows WSSC customers to apply for permits, licenses, and schedule inspections. Also the system allows customers to initiate permit modifications/amendments, pay fees, track the status of permits, submit a plan review application, and more.
WSSC will no longer accept paper applications. All permits must be completed and submitted online.
More information and tutorials >>>
U.S. Corps Provides Jurisdictional Determination Guidance
On October 31, 2016, the U.S. Army Corps of Engineers issued
Regulatory Guidance Letter 16-01 to clarify the differences between an Approved Jurisdictional Determination and a Preliminary Jurisdictional Determination, and when each one should be issued or no JD should be issued at all. An Approved JD is a definitive, official determination that there are jurisdictional aquatic resources on a parcel and only an AJD can confirm the geographic limits of those resources. An Approved JD may be requested so that during the planning stages of a project impacts to aquatic resources may be avoided or minimized. The Regulatory Guidance Letter was issued in response to The Supreme Court's May 31, 2016 decision in the case of U.S. Army Corps of Engineers vs. Hawkes. In which the Court held that an AJD is a final agency action that represents the Corps' final decision and is subject to judicial review.
View the letter >>>
Senate Committee Report Critical of Waters of the U.S. Rule
Senate Environment and Public Works Majority Committee report titled "From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land: A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act" is now available. View the report >>>
The report releases findings from the majority staff's investigation into how the EPA and the Army Corps of Engineers are interpreting and implementing their authority under the Clean Water Act. Case studies in this report show that the Obama administration is already asserting federal control over land and water based on the concepts they are trying to codify in the WOTUS rule, even though the courts have put that rule on hold.
Overtime Rule Blocked
A federal judge has blocked a Department of Labor rule on overtime pay that made more than 4 million private-sector workers eligible for mandatory extra pay or time off. The rule was scheduled to go into effect on Dec. 1. U.S. District Judge Amos Mazzant of the Eastern District of Texas, whom President Obama appointed, imposed a nationwide injunction against the rule on Nov. 22nd at the request of 21 states, the U.S. Chamber of Commerce and other business groups, including NAHB. The judge said the Labor Department regulation exceeded the authority granted it by Congress, which he said gave Labor the right to define which workers are considered salaried but only based on the duties they performed, not by how much they made. The Labor Department regulation, which business groups claimed would cost them $12 billion a year over the next decade, raised the salary threshold for receiving mandatory overtime from $23,660 to $47,476 a year, or from $455 to $913 a week. More information >>>
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Acronym Glossary
Acronyms are often used as time saving, shorthand ways to communicate lengthy titles or basic concepts. This glossary provides a quick reference to the terms, acronyms and abbreviations commonly used in this industry.
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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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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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