Currently, both the Maryland House and Senate are considering proposed legislation (SB 266/HB 281) that would significantly impact housing affordability on new construction throughout most of Maryland. The bill requires expensive septic systems costing $10,000 more than conventional systems. The legislation reverses a regulation just passed in November that limited these systems to areas close to the Bay where they work more efficiently.
We are urging all members to email their delegates to OPPOSE SB 266/HB 281.
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STATE OF MARYLAND
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Session 2017
The Legislative Session has hit the halfway point. The MBIA Legislative Committee continues to meet every week to review bills and prioritize issues. To join the legislative committee please contact
Lori Graf.
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ANNE ARUNDEL COUNTY
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Cluster Development Legislation Introduced
Anne Arundel County Executive Steve Schuh has proposed legislation to amend "cluster developments" into a new category called "Preservation Oriented Development." This new zoning type is a conditional use in most zoning classifications. You can view the legislation
here
. The MBIA has not taken a position on this legislation which had a public hearing January 17th, has been amended twice and is now eligible for a vote.
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CHARLES COUNTY
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WCD Work-session
The Charles County Planning Commission will hold their first work session on the Watershed Conservation District on Monday, March 13, 2017 at 6:00 p.m. We are encouraging all of our Charles County members to attend this very important work session.
Update on Proposed Development Tax
The Charles County Delegation in Annapolis is still considering a local bill that would give the Board of County Commissioners the authority to levy an excise tax on new residential development similar to the authority granted to Calvert, Dorchester and Talbot counties. MBIA continues to lobbied against the proposal. The local Charles County Delegation has decided to draft legislation, but because this is a late-filled bill, this measure may not happen this year. We will keep you advised of any new developments.
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HARFORD COUNTY
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BAT Legislation
Councilman Chad Shrodes introduced Council Bill 17-003, which codifies Governor Hogan's regulatory change to allow traditional septic systems in non-Critical Areas of the County as opposed to Best Available Technology (BAT) septic systems saving $10,000-$15,000 per home. MBIA testified in support of this legislation on February 21st.
Read the testimony.
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HOWARD COUNTY
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Western Property Rights Restored
County Executive Allan Kittleman introduced Council Bill 16, which restores property rights to 36 properties in the Rural West, that have major subdivision potential, changing their designations from Tier IV to Tier III. MBIA has long argued that these properties should be classified as Tier III and testified in support of this legislation.
Read the testimony.
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MONTGOMERY COUNTY
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Ownership Units (Lots) addressed by Executive Regulation 27-16T
The Office of the County Executive has issued Executive Regulation 27-16T which amends Executive Regulation 14-16 to establish a permit fee for the creation or alteration of Ownership Units as provided in Chapter 8-24 of the Montgomery County Code and went into effect on February 13, 2017. For further information contact Hadi Mansouri, CEO, DPS, 240-777-6233 or Gail Lucas, DPS, 240-777-6267.
Digital Signatures on Design Plans and Other Documents
As of January 3, 2017 the Department of Permitting Services has indicated that when plans are submitted electronically it will only accept digital signatures of design professionals who prepared or approved design plans and other documents. This means that the digital signature must be provided by a third-party entity known as "certificate authorities"; the 3rd party verifies that identity of the signer and issues a digital certificate. The MBIA is challenging the 3rd-party requirement as excessive and unwarranted.
FROM DPS .... How can I obtain a digital signature.
Digital signatures can be obtained through third-party entities known as certificate authorities, who usually charge a fee for the service of independently verifying the identity of the signer and issuing the digital certificate. Certificate authorities use a type of technology known as Public Key Infrastructure (PKI) to create, manage, store and distribute digital signatures. PKI technology provides the same level of security as a traditional wet signature because the digital signature cannot be copied or altered in any way. The document's authenticity is verifiable through checking the digital signature's certificate in a standard PDF viewer, and if the document has been altered since being signed, the certificate will display an "X" or a warning sign in it.
Working Group Review of Sidewalk Cafes
As there has been an increase in the use of sidewalk cafes, and apparently an increase in complaints about how outdoor seating areas obstruct pedestrian passage, DPS has convened an inter-agency working group to clarify existing requirements that define how the Public Right of Way can be (or should be) used. BIA members are providing comments which are required by March 13; DPS anticipates launching the new requirements by April.
For a copy of the Draft Requirements, contact Susan Matlick.
County's Silver Spring RFPs
The County's recently released RFPs in downtown Silver Spring are already facing resident push-back before any proposal has been submitted: the old Silver Spring library site, fronting on Colesville Road and dropping down to Ellsworth, overlooks residential neighborhoods hardened by their experience fighting the EYA townhomes immediately across the street from the site. Released in November, the RFP has galvanized, and divided the immediate community among those who demand that the 2.3 acres be dedicated and annexed to the adjoining park vs those who advocate for a no-taller-than-35'-building height with a neighborhood rec center and senior housing component. The RFP deadline was extended to February 28.
The second RFP, issued by DOT, proposes a 5,000-seat multi-purpose indoor sports arena (plus public assembly and entertainment facility, retail and residential facilities) to replace parking garages 5 and 55 at 1100 and 1101 Bonifant Drive, uphill from the Silver Spring Metro station. The 2.8 acre site would have to also accommodate the 1,772 existing parking spaces. The Zoning ranges from CR 5.0 - CR 8.0; the site has a 200' height limit. Pushback is being fueled by increased traffic congestion and the perception that one parking garage is always full. The Development Proposals are due on April 10, 2017.
Regulations for Chapter 50, Subdivision of Land
MNCPPC (Planning Dept) staff at a hearing before the Planning Board on March 2 will release the draft regulations prepared by staff for public comment. A link to the staff report is below for review and comment.
Staff Report.
Annual Montgomery Chapter Liaison Breakfast
The annual Liaison Breakfast of the MBIA Montgomery Chapter will be held Wednesday April 19 at 7.30 am at the Radisson Rockville (3 Research Court). County Executive Leggett is the keynote speaker. Hold the date!
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PRINCE GEORGE'S COUNTY
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Prince George's County Zoning Rewrite Ad-Hoc Subcommittee Meeting
The Prince George's County Chapter has established an Ad-Hoc Subcommittee to review the proposed rewrite of the County's Zoning Ordinance. The County Council and the Planning Department are currently holding work-sessions to review Modules 1, 2 & 3. On March 14th, Park and Planning staff will begin working with the consultant (Clarion) on a 2nd draft of the new zoning and subdivision ordinances. In May there will be a 2nd draft of the ordinances ("the comprehensive review draft") that will be released to the public for comment. MBIA will be submitting comments on the proposed changes prior to the Planning Department's release of the 2nd draft of the ordinance.
MBIA opposes the Rezoning of a local Jesuit Property
MBIA staff testified in opposition to MC/PG 107-17, a bill that would prohibit a zoning hearing examiner or the District Council in Prince George's County from considering a certain revision to a certain council resolution when deciding on any application for rezoning of a certain Jesuit property in the city if Bowie, MD. Although this matter involves one development project, it is our belief that it would establish a bad precedent for the state to stop a local development project. This bill is currently before the Prince George's County local delegation's Bi-County Subcommittee.
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ST MARYS COUNTY
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Sign Ordinance
On January 31st, the St. Mary's Board of County Commissioners unanimously approved the formation of a focus group to review the sign ordinance and present suggested amendments to the Commissioners in the near future. As a leader in the community, the Board of County Commission have required MBIA's participation in the Sign Ordinance Focus Group.
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SOMERSET COUNTY
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Tuition Aid
Somerset County is working with Wor-Wic Community College to establish free tuition for Somerset County students who meet certain income requirements. Somerset County Commissioners have requested Governor Hogan to include money for the tuitions in his supplemental budget for the 2017-2018 fiscal year. They have also asked members of the Eastern Shore delegation to sponsor legislation for the funding.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting on Monday, April 3, 2017 from 7:00 pm to 9:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. Please RSVP to
Joan Strang or call 410-845-0132.
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WICOMICO COUNTY
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Comprehensive Plan
The Wicomico County Council held a Public Hearing on Tuesday, February 21, on their Comprehensive Plan. The Maryland Building Industry testified in favor of the plan (
read the MBIA letter of support). After the Council meeting an Open Work Session was held to discuss a request of a local constituent who owns land along Rt. 50. He requested that part of his land be zoned commercial. Council reviewed the location of the land and discovered it was in the transitional area around two towns. Since they had decided to leave the transition areas around towns in the program, they felt they could add some wording allowing commercial areas in transition areas. The actual rezoning will be done when the Council works on the County Zoning Map. The adoption of the Comprehensive Plan is scheduled for the March 21, 2017 Council meeting.
Infill Fee Moratorium
The City of Salisbury is considering an "Infill Fee Moratorium" for a period of one-year on building permits, plan review, plumbing permit, mechanical permit, capacity and central line fees for the construction of homeowner occupied single family dwellings built on infill lots in R-5, R-8 and R-10 residential zoned districts. The resolution would also apply to certain established subdivisions abandoned due to the poor economic climate including Heritage, Aydelotte Farm PRD #7, Parcel C Residential Detached Dwellings, Parson Lake Phase l and Sassafras Meadows. Council is still in discussion as to whether the owner must occupy the property for 10 years or 5 years before all fees will be waived. The Council will continue discussion on the "Infill Fee Moratorium" at their next work session.
New Subdivision
Gladden Construction will break ground within a month on Hunter's Crest at Aydelotte Farms, adding 15 new homes to the four that were built before the housing market collapsed nationwide. This is the first subdivision in a decade to be built in Salisbury.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting on Monday, April 3, 2017 from 7:00 pm to 9:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. Please RSVP to
Joan Strang or call 410-845-0132.
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WORCESTER COUNTY
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Sports Complex
Crossroads Consulting Services presented Phase I of their study to measure the economic viability and usefulness of a 6,200 seat arena, a 500 seat practice facility and an outdoor sports complex to the Worcester County Commissioners. They reported that market research suggests taking "an extremely cautious approach" to further pursuing the arena in Worcester County at this time. However; they did report that there is a demand for an outdoor sports complex with multi-purpose, rectangular fields.
Gordon Named Economic Development Deputy Director
Worcester County Commissioners have hired Kathryn Gordon as the new Worcester County Economic Development Deputy Director.
Education Budget
Worcester County Board of Education has drafted a $101M budget that they will present to the Worcester County Commissioners for the 2017-2018 fiscal year.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting on Monday, April 3, 2017 from 7:00 pm to 9:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. Please RSVP to
Joan Strang or call 410-845-0132.
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OTHER INDUSTRY NEWS
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2017 MDE Organizational Guide
A 2017 Maryland Department of the Environment Organizational Guide is available online that provides contact and mission information.
Click here
and look under "Our Organization".
Employer Alert: Use the New I-9 Form
The new version is dated 11/14/2016. This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use and employers who use it may be subject to all applicable penalties.
The new version, Section 1 asks for "other last names used" rather than "other names used," and streamlines certification for certain foreign nationals.
Other changes include:
- The addition of prompts to ensure information is entered correctly.
- The ability to enter multiple preparers and translators.
- A dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page for the preparer/translator.
All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States, both citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form. And while the changes make it easier to fill out online, there is also a printable version available.
Other enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response - QR - code is automatically generated, which can be read by most QR readers.
Re-Issuance of MS-4 General Permit to Municipalities Covers Additional MD Counties
The Maryland Department of the Environment's Water Management Administration plans to reissue for 5 years a National Pollutant Discharge Elimination System General Permit for Discharges from Small Municipal Separate Storm Sewer Systems. MDE's general permit is designed to comply with EPA regulations and to control Stormwater pollutant discharges. The permit outlines new requirements for impervious area restoration for existing developed lands that have little or no Stormwater management. Restoration planning strategies and implementation schedules required under the conditions of the permit term are consistent with addressing the water quality goals of the Chesapeake Bay TMDL by 2025.
New Maryland jurisdictions to be covered under the re-issued MS-4 permit include the counties of Allegany. Calvert, St. Mary's, Queen Anne's, and Wicomico and in Cecil County, North East, Perryville, and Rising Sun; in Charles County, Indian Head and La Plata; in Talbot, Easton; in Washington County,
Boonsboro and Williamsport.
These jurisdictions may need new funding sources to comply with this permit.
Copies of the permit and fact sheet available here:
Written comments will be accepted through March 30, 2017 to
Mr. Raymond Bahr, Maryland Department of the Environment, Water Management Administration, Sediment, Stormwater, and Dam Safety Program, 1800 Washington Blvd., STE 440, Baltimore, Maryland 21230-1708.
Free Flooring Installation Guidelines Now Available
The National Wood Flooring Association has found moisture-related flooring problems to be a long-standing issue for home builders. NWFA spends a significant amount of time each year educating flooring contractors on the proper installation of wood flooring. In 2015, after noticing a disproportionately high number of claims for improper installation of wood flooring, NWFA reached out to NAHB to extend its education to builders.
Help Wanted for Building Codes and Standards Development
No need to be an expert, if you are interested in learning more about building codes and building science or have local issues to bring to the table, plan to join the monthly meetings of MBIA's Codes and Standards Committee on the second Tuesday of each month at 3PM. All meetings are on the calendar or e-mail
Annette Rosenblum
for more information.
The International Code Council's current code cycle concluded with verification of the online voting results. The 2018 code books are not yet in print, but ICC is calling for members to join committees for the next code cycle -2018/2019. The application deadline is June 1.
Find out more.
Also available is a call for Committee for a new Water Efficiency Rating Index Standard with an application deadline of March 17.
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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
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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