MARYLAND 
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Front Foot Benefits
MBIA has formed a small workgroup to discuss how the industry should move forward following the Saddlebrook decision. Members can contact Angelica Bailey at 301-776-6205 for more information.
State Legislation
MBIA has participated in several interim studies regarding septic systems, forest conservation, and wood frame construction in advance of the 2018 Legislative Session.
US Army Corps of Engineers
MBIA and the US Army Corps of Engineers have participated in a series of meetings on pre-applications, MDSPGP-5 permits, jurisdictional determinations, and wetland mitigation banking. The USACE office is moving to another location in downtown Baltimore, which may delay some permit issuance; however, USACE looks forward to a smaller footprint and more electronic processing once the move is complete.
SHA Forums
The State Highway Administration is having a series of forums to discuss access throughout the state. The principle takeaways are:
- Differences in Stormwater management requirements of the state and counties are resulting in conflicting reviewer comments. Looking for ways to resolve this conflict and make other improvements to SWM process.
- Pavement Design Issues - Geotech soil report now required but why doesn't SHA follow report recommendation?
- SHA needs to provide DR (Signal Design) tracking.
- If expedited review needed, indicate upfront on cover letter.
- Traffic Impact Study - Follow APFO in counties that have one (MoCo and Prince George's); otherwise, use TIS Guidelines.
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BALTIMORE CITY
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Council Resolution 17-20, Oversight Hearing
Private Development Incentives, will be heard on Nov 9th at 10am. The Resolution asks the Baltimore Development Corporation and Finance Department to present information on the use of private development incentives in the City so that the Council may use that information to increase transparency and equability of the incentives in the future. The MBIA has no position on this matter at this time and will monitor the proceedings.
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CALVERT COUNTY
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Commissioners Form Economic Development Advisory Commission
The Calvert County Board of County Commissioners recently voted to create the Economic Development Advisory Commission to promote, encourage and improve the county's general economic well-being. The commission is seeking 15 Volunteer members to provide feedback to the BOCC about policies impacting economic development. The creation of the Economic Development Advisory Commission is a result of the Economic Development Five-Year Strategic Plan aimed at improving the business environment in Calvert County. Applicants from a variety of diverse industries including agriculture, manufacturing, health care, construction, hospitality and professional services are encouraged to apply. The commission will meet quarterly at 9 a.m. on the second Wednesday of January, April, July and October, beginning in January 2018. Applications are located online at the link provided below or by contacting BOCC Administrative Aide
Lisa Tolomei at 410-535-5594.
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CHARLES COUNTY
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Implementation of Affordable Housing Policy
On October 24, 2017, Charles County assembled a group of 19 stakeholders, including MBIA to discuss the Affordable Housing Initiative project. The project is supported by the American Planning Association Community Planning Assistance Team. The meeting objectives were to consider ways to implement the housing policies and strategies in the Charles County Comprehensive Plan by sharing information about housing needs, demand, and gaps; learning about impediments to developing affordable housing; and ways to begin to leverage resources to develop affordable housing in Charles County.
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HARFORD COUNTY
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20 Acre Grading Limit Changes
At the request of MBIA, Harford County Executive Barry Glassman introduced legislation to:
1) remove the 20 acre grading unit limit
2) extend erosion and sediment control plan approvals from 2 to 3 years and
3) remove the requirement for erosion and sediment control inspection to occur on average every 2 weeks;
The bill will was passed in on October 10th and is effective December 11, 2017.
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HOWARD COUNTY
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APFO
Council Bill 61, a bill regarding the County's Adequate Public Facilities Ordinance, is due for final action on November 6, 2017. If no action is taken on November 6th, the bill will expire. At this time, numerous amendments relate to school capacity, allocations, the APF roads test and other issues have been submitted for potential action on November 6th. The MBIA has testified at numerous public hearings and work sessions on this matter and met with all of the Council members to make its position clear that school capacity tests should not be lowered, but if they are, the ability to pay enhanced impact fees to offset new school seats created by a project must be created by the State Legislature and adopted by the County Council.
Green Neighborhoods
Council Resolution 112, to make the Green Neighborhoods program more flexible so that developers can take advantage of the green allocations that exist has been tabled for further consideration by the County Council in September. The County Council heard this resolution, which the MBIA supports on July 17th.
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MONTGOMERY COUNTY
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County Council Holds Public Hearing on Transportation Solutions for Northwest Montgomery County
On Tuesday, October 17 the Montgomery County Council held a public hearing on a
resolution regarding transportation solutions for northwest Montgomery County. The resolution supports expanded capacity on I-270, the Corridor Cities Transitway, Bus Rapid Transit on or near MD 355 and improvements on MD 355. The resolution also directs the Montgomery County Planning Board not to assume additional road capacity from the northern extension of Midcounty Highway when calculating the land use-transportation balance in future master plans. The directive to the Planning Board ensures that any new development allowed under future Master Plans does not rely on the northern extension of Midcounty Highway, while retaining the right-of-way for this extension in these plans.
Council Introduces a ZTA 17-12, Definitions-Rear Building Line
In October, ZTA 17-12 was introduced to allow the owner of residentially zoned property abutting a non-residentially zoned property, a 8-foot fence without a setback or variance. The current Zoning Ordinance exempts fences and walls from setback requirements if the height of the fence is 6.5 feet or lower. Any fence higher than 6.5 feet is subject to the setback requirement or requires a variance. The ZTA is scheduled for public hearing on November 28, 2017 and 1:30 p.m.
Councilmember Floreen Introduces Three New Development Bills
On October 31st, Councilmember Floreen introduced three development focused bills. Expedited Bill 32-17, Development Impact Tax for Transportation and Public School Improvements Definition- Senior Residential will have a public hearing at 1:30 p.m. on December 5th. Bill 34-17, Housing-Moderately Priced Dwelling Units Amendments is scheduled for public hearing at 7:30 p.m. on December 5th. Expedited Bill 36-17, Taxation-Development Impact Tax-Exemptions Amendments will also be heard at 1:30 p.m. on December 5th. These bills will be available online at:
www.montgomerycountymd.gov/council/leg/bill/index
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PRINCE GEORGE'S COUNTY
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CB-77-2017 - New Residential Development near High-Voltage Equipment
Council Member Obie Patterson has presented a bill that would prohibit the construction of new residential and school uses within 1,000 feet of land used for installation and operation of high-voltage equipment at substations uses that were existing on a certain date for purposes of electrical generation, transmission, and distribution in connection with providing public utility service in the County by a regulated public utility. This bill was heard in the Planning, Zoning and Economic Development Committee. This bill will be held in committee.
CB-84-2017 - Issuance of Grading, Building, and Use and Occupancy Permits
This bill clarifies the intent of the County Council to confer exclusive jurisdiction upon the Director of DPIE over the issuance of grading, building, and use and occupancy permits within the Zoning Ordinance for Prince George's County. The bill sponsor is Council Member Mel Franklin and was passed out of Planning, Zoning, and Economic Development Committee favorably with amendments (4-0). Please note the following amendment:
Any comments or recommendations of the Planning Board to the Director of the Department of Permitting, Inspections, and Enforcement regarding applications for grading, building, or use and occupancy permits are advisory only and shall not be a prerequisite for the issuance of grading, building, or use and occupancy permits.
CB-97-2017 - Validity Period Extensions for DSP and SDP
This bill temporarily extends, until December 31, 2018, the validity periods specified in the Zoning Ordinance as to all approved Detailed Site Plan and Specific Design Plan development applications that were in an active, valid status as of January 1, 2017. The bill sponsors are Council Member Andrea Harrison and Council Chair Derrick Leon Davis and it was heard in the Planning, Zoning and Economic Development Committee. The bill was favorably voted out of committee 5-0 and the public hearing is scheduled for November 7, 2017.
CB-98-2017 - Validity Period Extension for Preliminary Plans
This legislation temporarily extends the validity periods for all approved applications for Preliminary Plans of Subdivision that were in a valid status until December 31, 2018. The bill sponsors are Council Member Andrea Harrison and Council Chair Derrick Leon Davis and it was heard in the Planning, Zoning and Economic Development Committee. The bill was favorably voted out of committee 5-0 and the public hearing is scheduled for November 14, 2017.
CB-117-2017 - Utilities Bill (Construction within the Roadway)
This bill governs utility permit issuance and utility permit requirements. Guidance is required as to applications of utility permits and there is a penalty for performing work without a utility permit. Notice of work under each utility permit is 15 days prior to commencement of work under the permit. The bill requires an informational sign to be posted and provides a fine for non-compliance. Pavement rehabilitation includes that when pavement is cut within an intersection, the mill and overlay requirements apply to the full surface area of the intersection and when the pavement is cut within a cul-de-sac the mill and overlay apply to the full surface area of the cul-de-sac.
The bill also requires that all utilities, or contractors doing work on behalf of utilities, doing work under a utility permit or a maintenance permit are required to provide for an independent third party inspector approved by the County to perform an inspection to ensure that permitted work is in compliance with the Prince George's County Code and Specifications. After much debate in committee, this bill was held. Council Member Lehman advised that she will present the bill again next year.
CB-124-2017 - IRB Code for One and Two-Family Dwellings in the Prince George's County Building Code
This bill will amend the County Building Code to set a maximum limit in the County Building Code for bathroom facilities within certain residential structures within the County. MBIA asked for a waiver allowance that would give the Director of DPIE some discretion to amend that maximum limit, on a case-by-case basis (this will serve as a relief mechanism for the builder). The bill was moved out of committee favorably with the waiver allowance amendment.
Please note: prior to this amendment the legislation stated the following:
Residential structures in the R-55 (One-Family Detached Residential) Zone shall not have more than five (5) bathrooms for that structure or a combination of the primary residential and any accessory use on the property. At least one bathroom within any structure on the property must be accessible from a common interior area, such as a hallway |
ST. MARY'S COUNTY
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Planning Commission Update
On November 13th, the St. Mary's Planning Commission will hold a public hearing on the Comprehensive Water and Sewer amendment #17-200-003 PELBPS Commercial Townhouse Buildings. In addition, the Planning Commission will do a final review of the Lexington Park Development District Master Plan land use and zoning.
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SOMERSET COUNTY
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Zoning Ordinances
Somerset County Commissioners have awarded a contract to Peter Johnston & Associates,LLC, of Easton, Maryland to update both the County's and City's zoning ordinances. The County has received a $65,000 grant to fund the project.
2018 Election
Three people have filed for County Commissioner, District 4 for the 2018 Election. The following people have filed: Eddie Brimer, Charles Lair and Incumbent Jerry Boston. Filing deadline is February 26, 2018, Primary is June 26, 2018 and the General Election is November 6, 2018.
Eastern Shore Construction Focus Group
The Eastern Shore Construction Focus Group will meet on November 6, 2017 to discuss apprenticeships:
- How they work
- Benefits
- How to setup
Jane Sinclair, DLLR Apprenticeship Navigator will be the guest speaker.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting the end of January. Date, time and place TBD. We are looking for a showroom and host for this meeting. Please contact Joan Strang at
[email protected]
or call 410-845-0132 if you would like to host this meeting.
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WICOMICO COUNTY
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2018 Election
The current Wicomico County Executive, Bob Culver, has filed for the 2018 election. To date he is the only one to have filed.
Eastern Shore Construction Focus Group
The Eastern Shore Construction Focus Group will meet on November 6, 2017 to discuss apprenticeships:
- How they work
- Benefits
- How to setup
Jane Sinclair, DLLR Apprenticeship Navigator will be the guest speaker.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting the end of January. Date, time and place TBD. We are looking for a showroom and host for this meeting. Please contact Joan Strang at
[email protected]or call 410-845-0132 if you would like to host this meeting.
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WORCESTER COUNTY
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Local Legislation
Worcester County Commissioners have passed Bill 17-7 Natural Resources - Erosion and Sediment Control. Bill brings county code in compliance with state. Definition of "Grading Unit" now reflects the maximum contiguous area allowed to be graded at a given time; and the definition of "Inspection Agency" now reflects the Worcester County Department of Environmental Programs. Changes the period for approved erosion and sediment control plans from two years to three years from the date of approval unless approved by the Worcester Soil Conservation District. Removes requirement for compliance inspections for active sites with erosion and sediment control plans to remove the reference to such inspections occurring on the average of once every two weeks only, and requires that at least fifty percent of the said lands included in an RPC actually be used for a commercial purpose.
Bill 17-10, Zoning - Time Limitations on Postponed Applications Passes
The bill allows an applicant or applicant's attorney to request a postponement of an application for the Planning Commission's consideration or the County Commissioners' consideration or, for an application that has yet to be scheduled, placed on inactive status. However, if the application has been advertised the applicant or applicant's attorney will be responsible for the payment of any and all reasonable re-advertising and administrative costs associated with the rescheduling of the public hearing. In addition, if the postponement of the application or a request for its placement on inactive status is not rescinded by the applicant or applicant's attorney within two years from the date the original map amendment was submitted, the application will be considered withdrawn in its entirety. Any further application for map amendment for the same property must submit a new application and remit all required fees.
Zoning-Self Storage Centers Amendment
The amendment states that the self-storage centers total square footage shall not exceed forty thousand square feet of gross floor area. This is for the C-2 General Commercial District.
Sewer EDU Allocation Process in Mystic Harbour Implemented
Applicants for EDU allocation must submit to the Commissioners during the project planning process, deposit structure for reserving the necessary EDUs for the proposed project, and a time frame in which the EDUs must be utilized by the developer or returned to the County for future allocation and utilization.
EDU's
Denied
Worcester County Commissioners voted 4-3 to deny a request for 139 equivalent dwelling units of sewer service from the Mystic Harbour Sanitary Service Area submitted by Sea Oaks Village LLC. In March 2016 Sea Oaks Village, at the request of the owner, transferred their 40 EDUs to a commercial space in West Ocean City because they said the Route 611 parcel was "environmentally sensitive, wooded area" that, if developed, would not constitute smart growth. The Commissioners wanted to know what changed.
2018 Election
Worcester County Commissioners Chip Bertino (R) and Diana Purnell (D) have filed to run for the 2018 election. Worcester County Sheriff's race is becoming interesting. So far three people have filed to run: Matt Crisafili (R)-being supported by current sheriff, Mike McDermott (R)-former state legislature being supported by County Commissioner Bud Church and Worcester County State Attorney, Beau Oglesby and George Pruitt-ran against current sheriff in last election.
Eastern Shore Construction Focus Group
The Eastern Shore Construction Focus Group will meet on November 6, 2017 to discuss apprenticeships:
- How they work
- Benefits
- How to setup
Jane Sinclair, DLLR Apprenticeship Navigator will be the guest speaker.
Chapter Meeting
The Eastern Shore Builders will hold a Chapter Meeting the end of January. Date, time and place TBD. We are looking for a showroom and host for this meeting. Please contact Joan Strang at
[email protected]or call 410-845-0132 if you would like to host this meeting.
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OTHER INDUSTRY NEWS
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Two wins for reducing unnecessary roadblocks for home builders came out of the U.S. Department of the Treasury on October 4th, as it announced plans to withdraw two proposed regulations that NAHB has said would be costly and burdensome.
In its announcement
, the Treasury said it plans to withdraw proposed regulations under Section 2704 that would have hurt family-owned and operated businesses by limiting valuation discounts. The regulations would have raised taxes on family businesses when an owner passes away and chooses to leave the business to the next generation. NAHB and others warned that the valuation requirements of the proposed regulations were not sensible from an economic standpoint, were unclear and could not be meaningfully applied.
EPA Ends Perverse Practice of "Sue and Settle"
In fulfilling his promise to end the practice of regulation through litigation that has harmed the American public, EPA Administrator Scott Pruitt issued an agency wide directive on October 16, 2017 designed to end "sue and settle" practices within the Agency, restoring public participation and transparency in EPA rule making.
Over the years, special interest groups have used lawsuits that seek to force federal agencies, especially EPA, to issue regulations that advance their interests and priorities. EPA either commits to taking an action that is not a requirement under its governing statutes or agrees to a specific, unreasonable timeline to act. Oftentimes, these agreements are finalized with little to no public input or transparency.
"Sue and settle" cases establish Agency obligations without participation by states or the regulated community; shutout meaningful public participation in rulemaking; effectively force the Agency to reach certain regulatory outcomes, unduly burden owners of land, and cost the American taxpayer millions of dollars with little if any environmental value.
Green construction is rapidly gaining traction among both single-family and multifamily home builders, according to new research published in the
Green Multifamily and Single Family Homes 2017 SmartMarket Brief
.
The latest in a series of studies conducted by Dodge Data & Analytics in partnership with NAHB, the study shows that green homes are continuing to gain market share. At least one-third of surveyed single-family and multifamily builders said that green building is a significant portion of their overall activity (more than 60 percent of their portfolio). By 2022, this number should increase to nearly one-half in both sectors.
Within this group, nearly 30 percent of multifamily builders fall into the category of "dedicated" green builders (more than 90 percent of their portfolio). On the single-family side, the percentage of "dedicated" green builders is nearly 20 percent, but that share is expected to grow sizably by 2022.
Increasing energy efficiency continues to be the most common method of improving the performance of a green home, followed by creating a healthy indoor living environment.
The report also found that a considerable number of builders are developing net zero homes or plan to build net zero homes in the near future. Among those surveyed, 29 percent of single-family home builders have built a net zero, near-net zero, or net zero-ready home in the past two years, and 44 percent expect to do so in the next two years. Builders see increased customer demand and a competitive advantage as the top two drivers to develop net zero homes.
Other findings suggest the single-family green home market is maturing. For one, the report found that home builders are less concerned about higher start-up costs than in previous studies. There was also a decline among people who think consumers will not pay additional costs for green building.
Multifamily builders see government or utility incentives; customer demand; and changes in codes, ordinances, and regulations as the top drivers for future green building activity. As for obstacles, multifamily builders are most concerned about the costs associated with green, higher start-up costs and the unwillingness of consumers to pay more for green construction. Single-family builders said the challenge of consumers not being willing to pay more for green is the top obstacle for them.
Green Standard's Scope Expands, New Committee Members Wanted
Home Innovation Research Labs has expanded the scope of the next edition of the
National Green Building Standard
to include commercial portions of primarily residential buildings and assisted living facilities. The change is designed to increase the usability and flexibility of the standard.
In light of this change in scope, the committee that develops the standard is looking for new members with expertise in mixed-used buildings or commercial occupancies. Individuals must
apply to serve on the committee
by Nov. 5.
Home Innovation, which has certified more than 100,000 projects to the standard since the first edition was developed in 2008, also serves as secretariat of the standard development process.
For questions related to the NGBS standards development process, please contact
Vladimir Kochkin
, Home Innovation director of applied engineering, at 301-430-6249 or
[email protected].
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Use our
Quick Sign Up link
to become part of MBIA's strong advocacy program through Voter Voice and help us stop burdensome regulations against the industry. You have the unique ability to tell our officials exactly how a given policy affects you and others in the industry.
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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
Manager, Legislative and Regulatory Affairs
Vice President,
Government Affairs
Erin Bradley
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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JOIN MBIA TODAY
Together We Can Do More
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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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