BALTIMORE CITYcity
City Set to Increase Transfer and Recordation 
Councilman John Bullock, along with the entire City Council as co-sponsors, has introduced Bill 18-0221 . The bill raises the transfer tax by .6 percent and the recordation tax by .4 percent for a total of 1percent, on all commercial transactions while exempting owner-occupied residential transfers. This takes Baltimore City's total transfer and recordation tax to 4 percent, which is 1.5 percent more than any other jurisdiction in the State. Money raised by this new tax will go to the Affordable Housing Trust Fund created by Baltimore City voters in 2016. While MBIA supports adding funds to the Affordable Housing Trust Fund, it does not support an additional tax on business transactions. At this time, no hearing or further action has occurred as the MBIA has actively lobbied the Mayor, City Council President and Members of the City Council to consider alternative approaches to funding affordable housing.
 
Fire Code Appendix D Repeal Bill Advances Out of Committee
Council Bill 18-0259, repealing Appendix D of the International Fire Code (IFC) and replacing it with the more flexible NACTO Urban Streets Guidelines advanced out of the City Council Judiciary and Legislative Investigations Committee with strong support from the development industry and transportation advocates. This bill will help move the City beyond the current impasse created by inflexible enforcement of the Fire Code by the Fire Department which has stalled numerous development and transportation projects citywide for over a year. The bill is now on 2nd Reader in the City Council and MBIA continues to advocate for its final passage. Read MBIA's supportive testimony >>>
 CHARLES COUNTYcharles
Recorded Documents for Building Permit Applications 
If you are trying to obtaining Use and Occupancies for building permit applications, Codes Permits & Inspection Services is providing a clarification regarding documents that are required during building permit application reviews. In accordance with the following ordinances, various documents may be required:
C harles County Road Ordinance
Charles County Stormwater Management Ordinance Section 274-39
Charles County Storm Drainage Ordinance Section 13

Documents may be necessary for establishing easements and/or agreements, such as access easements, sight distance easements, drainage easements, stormwater management easements or inspection and maintenance agreements. Any documents that are required to be recorded in Land Records must be recorded and provided to Codes, Permits & Inspection Services prior to the building permit application being issued. This will address any concerns that may arise with ownership, title report conflicts and/or obtaining signatures from other parties other than the applicant for the permit. Please contact Elsa B. Ault, Engineer III, at 301-645-0722 or [email protected] for any questions or clarifications regarding this determination. These changes will be effective on the release date of this notice.
 
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, 2018, the Unit Price List will be updated which will result in approximately 2.50 percent increase in unit costs. The requirements will apply to all Development Service permit applications received on or after July 1, 2018. Read the FY 19 Standard Unit Price list.
 DORCHESTER COUNTYdor
Comprehensive Plan Update
Dorchester County Planning Commission and Department of Planning and Zoning have begun the process of updating the Comprehensive Plan. The County has hired AECOM as their consultant. The County will hold three separate public workshops where citizens can engage with the consultant, AECOM, and County Staff to provide input on the future development of the County. The following workshops have been scheduled:
  • 6:00 pm - 8:00 pm - July 24th at Hurlock Elementary School
  • 6:00 pm - 8:00 pm - July 26th at South Dorchester K8
  • 6:00 pm - 8:00 pm - July 31st at the County Office Building
 HOWARD COUNTYhoward
Ellicott City Moratorium Bill Passed
On Friday July 27th,Councilman Jon Weinstein and the Howard County Council passed Council Bill 56, a 12 month moratorium on grading and building permits in the Tiber-Hudson Watershed, in response to the second devastating flood in Ellicott City in the last two years over objections from the MBIA. The MBIA argued moratoria are bad public policy with a better solution being to address centuries old issues relating to topography and lack of storm water capacity throughout the watershed. The Council amended the legislation to also include the Plumtree Watershed. The MBIA will continue to advocate against this legislation and work to see it is not extended beyond 1 year. Read MBIA's opposition testimony>>>

Legislation to Limit Scenic Road Access Tabled
Councilman Calvin Ball's legislation, Council Bill 58, generally discouraging new ingress/egress from scenic roads in Howard County was tabled on July 27th. This legislation requires new scenic road access to be approved by the Planning Board and in some cases, also approved by the Department of Planning and Zoning. MBIA is opposed to this unnecessary legislation and will work to make sure it stays on the table or is defeated outright.Read MBIA's opposition testimony>>>
   MONTGOMERY COUNTYmontcoun
County Council Approves MPDU bills 34-17 and 38-17
On July 24th, the County Council approved legislation introduced by Councilmember Nancy Floreen, to modify the County's existing MPDU law. Bill 34-17 makes several changes to the MPDU law.  The legislation creates a new requirement for new housing developments between 11 and 19 homes to make a payment to the Housing Initiative Fund. It also broadens the authority of the Director of the Department of Housing and Community Affairs to accept Housing Initiative Fund payments in lieu of including MPDUs in a development. Bill 34-17 authorizes the Director of DHCA to calculate the MPDU obligation by square feet, if the result is more homes or homes better sized to meet the needs of low- and moderate-income residents. Additionally, the legislation confirms the Council's authority to increase the required percentage of MPDUs on a community by community basis during each master plan review.
 
Also on July 24th, the Council approved legislation introduced by Council President Hans Riemer and co-sponsored by Councilmember Sidney Katz to increase the MPDU requirement from 12.5 percent to 15 percent of new housing units built in more expensive parts of Montgomery County. Bill 38-17 increases the MPDU requirement to 15 percent in county planning areas where greater than 45 percent of census tracts have a median household income that is 150 percent or higher than median household income of the county. View the map of where 15 percent is initially required.
 
Council to Introduces Bill to Make Accessibility Improvements to Townhouses More Affordable
On July 24th, ZTA 18-10 was introduced to allow the owner of a townhouse approved as an accessible, conditional use project with increased density to be eligible for tax credits. Councilmember Rice is the lead sponsor. The public hearing on ZTA 18-10 is scheduled for September 18th at 1:30 pm.  View ZTA 18-10>>>
 
Council Introduces Measures to Streamline Process for Accessory Dwelling Units
On July 17th , the Council introduced two measures to support the creation of Accessory Dwelling Units. Zoning Text Amendment (ZTA) 18-07, Accessory Residential Uses - Accessory Apartments, and Bill 26-18, Landlord-Tenant Relations - Accessory Apartment Licensing, would remove the conditional approval process that is currently required to construct an accessory dwelling unit. Currently the process generally takes four to six months.  All conditional uses allow 120 days for planning staff and Planning Board review before a public hearing is conducted by a hearing examiner.  If the Council approves ZTA 18-07, the review by the Planning Board and planning staff would not be required.   All accessory dwelling unit construction would still be subject to licensing requirements and the appeals process. Both measures are sponsored by the Planning Housing and Economic Development Committee, which includes Councilmembers Nancy Floreen (chair) and George Leventhal and Council President Hans Riemer.  The public hearing is scheduled for September 11 at 1:30 p.m.  
 
Montgomery County Minimum Wage Increase Effective July 1st
Beginning July 1, the minimum wage will increase in Montgomery County. The size of the increase is determined by the number of workers a business employs. The new law states that County businesses with 51 or more employees must pay workers $12.25 per hour. Employers with 50 or fewer workers will be required to pay employees $12 hourly. 
County Executive Ike Leggett signed Bill 28-17 (Human Rights and Civil Liberties - County Minimum Wage) on November 17, 2017.
Effective date
Large employer
Mid-sized employer
Small employer
July 1, 2018
$12.25
$12
$12
July 1, 2019
$13
$12.50
$12.50
July 1, 2020
$14
$13.25
$13
July 1, 2021
$15
$14
$13.50
July 1, 2022
$15+ CPI-W*
$14.50
$14
*CPI-W = Consumer Price Index for Urban Wage Earners and Clerical Workers 
 
City of Rockville

ISD Accepting Recommendations for Code Changes
Rockville's Inspection Services Division is accepting recommendations for changes to the external code for the upcoming 2018 ICC codes The 2018 ICC is slated to be adopted by the State of Maryland and subsequently the City of Rockville with local amendments by July 1, 2019. ISD will accept proposals for review until September 1, 2018.
  • Recommendations should include any cost impact of the code change.
  • Recommendations can be for changes to any of the adopted codes including Building, Energy, Accessibility, Green Building codes.
  • Recommendations can be administrative or technical.
Recommendations can be submitted via this form.
 
Changes in City Permit Fees
On July 1st, ISD's new permit fees went into effect. Please see the comprehensive fee schedule>>>
  PRINCE GEORGE'S COUNTYprinceg
Extensions for Preliminary and DSP Plan
The Prince George's County Council presented two bills for the purpose of temporarily extending the validity periods of all approved applications for preliminary plans of subdivision, detailed site plans and specific design plans that were in a valid status as of January 1, 2018. The proposed extensions will last until 2020 and is due in large part to the countywide comprehensive zoning process, that will likely require a minimum timeframe of 18-24 months.
 
Noise Ordinance Bill
The Prince George's County Council is considering a bill that would amend the County's current noise control law. If approved, the bill would set maximum allowable noise levels and specific maximum allowable noise levels for construction. The bill also provides for temporary and general waivers from the law. MBIA has testified on CB-18 and has shared its concerns with respect to the time that construction could take place. In the original bill, the timeframe was 7 a.m. to 5 p.m. In the amended bill, the new proposed timeframe is now 7 a.m. to 6 p.m. This bill was held in committee for further review.
  WICOMICO COUNTYwicomico
Wicomico County Council Passes Charter Amendments
Wicomico County Council has passed Resolution 18-0515, which contains two amendments to the Wicomico County Charter: (1) having the initial appointments only of deputy directors and the assistant director of administration confirmed by Council and (2) adding a provision that transfers of depreciable capital assets between departments, agencies, or offices can only be done with the recommendation of the Executive and approval by the County Council by resolution.
 
Downtown Salisbury Development
Davis Simpson Holdings, the partnership of brothers Bret and Kirk Davis from Montgomery County with Nick Simpson of Ellicott City have completed or are working on several projects in downtown Salisbury. Properties they have completed or are working on:  
  • 100 N. Division St. - Mixed use building downtown that was remodeled 3 years ago with one apartment, three offices and Edit salon on the first floor.
  • 100 E. Main St. - Old Wicomico Hotel that has been gutted and remodeled into modern executive office suites. A restaurant, first floor retail and a remodeled lobby are planned.
  • 132 E. Main St. - This is an office building that is getting remodeled to either be apartments or new office space. The odd fellows building.
  • 235 W. Main St. - Being completely gutted and turned into four apartments but retaining the two existing businesses on the first floor.
  • Lot 16 - To be developed with an apartment building with waterfront views. 25-40 units.
  • 318 West Carroll St. - A corner office building right downtown that is the new headquarters of Davis Simpson, as well as a first-floor spa operated by Peninsula Plastic Surgery.
  • 220 N. Division St. - A Victorian house that became an office building that was remodeled into five luxury apartments.
  • 213 W. Main St. - The City Center building is being remodeled to feature additional first floor retail, ice cream shop, a new glass elevator, additional windows cut into the exterior and a water fountain in the lobby.
There are several other developers also working on renovation projects in downtown Salisbury.
  WORCESTER COUNTYworchester
Sectional Rezoning Hearing Scheduled
The Worcester County Commissioners have scheduled a public hearing for August 7, 2018 at the Government Office Building, Snow Hill at 10:00 am to consider a sectional rezoning. The properties being considered are in the area of Ayres Creek, MD Rte. 611, MD Rte. 376, and the South Point Road Neighborhood. All of these properties have been recommended for rezoning from E-1 Estate District to R-1 Rural Residential District by the current Comprehensive Plan.
 
Opposition to Permanent Offshore Wind Turbines Continues in Ocean City
At Ocean City's Town Council meeting on Monday, July 20, 2018, representatives from the commercial seafood industry told the City Council they are concerned about the towers' impact on fishing. Meghan Lapp, a fisheries liaison for Seabreeze Ltd. in Rhode Island, presented a wealth of data highlighting commercial fishing industry concerns. Among Labb's many concerns was that rotating turbine blades could cause malfunctions with marine navigation, communications, airborne radar, sonar and subsurface acoustical monitoring systems. Local fisherman George Topping spoke on local concerns. The commercial fishing industry has formed the Responsible Offshore Development Alliance to start working on interagency coordination.
 
Town of Berlin Election
Three Berlin Council incumbents have filed for re-election. Councilmen Troy Purnell, District 1, Dean Burell, District 4 and Thom Gulyas At-Large. The election will be held on October 2, 2018. The filing deadline for candidates is September 4, 2018.
OTHER INDUSTRY NEWS other
Nutrient Trading
The Maryland Department of the Environment has finalized its water quality nutrient trading regulations. The regulations took effect on July 16, 2018. The regulations establish a registry and allow trades of individual or aggregated nitrogen, phosphorus, and sediment credits created by best management practices. Interjurisdictional trading and trades between sectors (i.e., wastewater treatment plants, septics, and stormwater) are both allowed. However, trading is not allowed with the agricultural sector and wastewater treatment plants can participate only if they are generating outflows equal to or less than 3.0 mg/l for nitrogen or .3 mg/l for phosphorus. (This threshold is higher than the threshold a wastewater treatment plant must achieve in order to meet its Bay TMDL targets.)

Regarding MS4 permits, MDE stated that the new Phase II MS4 permit that will be effective in October of 2018 will have trading "built in" to the permit's basic language. However, for existing Phase I permits, each permit will have to go through a modification process that includes a public hearing. Each permittee must request the modification in writing and state: (1) what percentage of their 20 percent impervious surface treatment goal they want to achieve through trading; and (2) why they cannot meet the 20 percent treatment goal without trading. In Maryland, ten counties are Phase I jurisdictions: Baltimore City and Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's Counties. Additionally, those counties that are required to file financial assurance plans will need to be updated to reflect how a county plans on using trading.
Read the regulations>>>
AUGUST 2018
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