MARYLAND MD
Woodframe Construction
The Senate Education, Health, & Environmental Affairs Committee is holding a briefing on Fire Safety and Light Frame Combustible Construction at 10am on October 10, 2017. MBIA will be submitting written testimony.

Nutrient Trading Programs
New regulations will be coming out in October.
 
Front Foot Benefits
The Maryland Court of Appeals recently ruled in the Select Portfolio Servicing, Inc. v. Saddlebrook West Utiliity Co, LLC case. In the case, Saddlebrook and Utility recorded a "Declaration of Deferred Water and Sewer Charges" in the Prince George's County land records on May 17, 2000. Saddlebrook argued that this Declaration, which typically pre-dates all home sales, was sufficient to create a priority lien for front foot benefits, and that the declaration is superior to any subsequently recorded mortgage or deed of trust. The lower courts decided in favor of the utility company. The Maryland Building Industry Association hired an attorney to write an Amicus Brief in favor of the lower court's decision (and the existing lien priority).  
  Unfortunately, the Court of Appeals did not rule in Saddlebrook's favor. The Court held that, while Saddlebrook's document authorized the creation of a lien, it did not in and of itself establish a lien under the Maryland Contract Lien Act. Because the priority of a lien is determined by the date it is recorded in the land records, and the Declaration itself did not establish a lien, Saddlebrook did not have a lien or lien priority.
This decision is the greatest threat to the value of these liens since the laws and regulations regarding these liens were established. MBIA is working hard towards a legislative solution.
Memo regarding the Amicus Brief >>>
   BALTIMORE CITYcity
Mandatory  Mediation before Eviction
Council Bill 17-0113, which applies to any property owner that owns five or more aggregate rental housing units within the City of Baltimore, was introduced in August, but quick action by the MBIA advocacy team put the bill on hold. The bill requires any of these property owners to submit to mandatory mediation, paid for by the owner, before eviction proceedings may begin. The bill also requires certain identifying information of the property owner to be displayed at the property. Read the bill >>>  MBIA is opposed to this bill and will continue monitoring it.
 HARFORD COUNTYhar
20 Acre Grading Limit
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 heard on Tuesday September 19th at 645pm in the Harford County Council and will be voted on October 3rd. MBIA supports this bill. Read the MBIA testimony in support >>>
   HOWARD COUNTYhoward
APFO
Council Bill 61, a bill regarding the County's Adequate Public Facilities Ordinance (APFO) was heard on July 17th but had its public hearing continued until September 11th and then again until September 18th to allow for additional public input. Many MBIA members testified over the three public sessions. At this time, many in the County are calling for amendments to the bill lowering the school capacity threshold to 110% (down from 115%), effectively creating a development moratorium. The MBIA is opposed to this change and is meeting with each councilmember to advocate for the passage of CB61 as drafted. This legislation arises out of recommendations from the APFO task force which met for nearly one year after County Executive Kittleman was elected. The task force included MBIA members and created a reasonable set of recommendations, most of which MBIA supports. Read MBIA's testimony in support >>>

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.
   MONTGOMERY COUNTYmontcoun
Forest Conservation Bill Before County Council
The County's Forest Conservation bill that was transmitted to the County Council included all MBIA's comments to the Planning Board. However, at the County Council public hearing  DEP's Director,  Lisa Feldt,  testified that the county arborist should be added back to the review process for tree variances. MBIA has submitted letters to the committee in support of the bill as introduced.
 
White Flint 2 Sector Plan
This month the County Council began work on the White Flint 2 Sector Plan. The White Flint 2 Sector Plan recommends opportunities for transitional development in key areas where the White Flint Sector Plan is adjacent to the Twinbrook Sector Plan and the pending City of Rockville plan for Rockville Pike. The 460-acre sector plan would transform commercial properties along Rockville Pike into mixed-use urban spaces. The plan would link MD 355 with a proposed network of bike lanes and public open spaces, and would also take advantage of future Bus Rapid Transit (BRT) on MD 355. The Montgomery County Department of Transportation is currently planning its BRT system routes, with the first such route expected to become operational in 2020. The PHED Committee is tentatively scheduled to review the plan on October 9th. 
  PRINCE GEORGE'S COUNTYprinceg
Mandatory Use of ePlan for Most Site/Road Cases
Effective November 6, 2017, it will be mandatory to process the following Site/Road Case Types through ePlan (electronic plan/permit submissions):  
  • Site Development Concept
  • Site Development Rough Grading Permits
  • Site Development Fine Grading Permits
  • Street Construction Permits
  • Street Grade Establishment
  • Special Utility Permits (already mandatory since July 2013)
  • Floodplain Studies and Delineations
Exceptions to this requirement shall be considered by the district engineers on a case-by-case basis.  Please contact the engineers for further information at 301-636-2060.
  • North District - Steve Snyder
  • Central District - George Holmes
  • South District - Mariwan Abdullah
 
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 and held for further review.
 
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 Permitting, Inspections, and Enforcement 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 it will be heard in the Planning, Zoning and Economic Development Committee.
 
CB-91-2017 - Multifamily Rental Facilities - Civil Fines
This bill pertains to multifamily rental facilities. It provides for the imposition of civil fines for violations of the Rental Housing Code. A first violation is $100.00. A second violation is $500.00; and each subsequent violation is $1,000.00. The bill sponsor is Council Member Deni Taveras and it will be heard in the Transportation, Housing, and Environment Committee.
 
CB-94-2017 - Zoning Procedures--Notification Requirements for Administrative Review of Applications
This Zoning bill will amend the Zoning Ordinance to add online posting requirements regarding certain zoning applications authorized for administrative review and/or approval by the Planning Board, Planning Director, or the Board's or Director's authorized representative in the County Zoning Ordinance. The bill sponsor is Council Member Danielle Glaros and it will be heard in the Planning, Zoning and Economic Development Committee.
 
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 will be heard in the Planning, Zoning and Economic Development Committee.
 
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 will be heard in the Planning, Zoning and Economic Development Committee.
ST. MARY'S COUNTY stmary
Update on the St. Mary's County Electrical Service Ordinance
On September 25, 2017, the St. Mary's County Board of County Commissioners accepted two amendments that were offered by MBIA concerning the revision of the St. Mary's County Electrical Service Ordinance.  Here are the amendments that were requested by MBIA:

210.12 Arc-Fault Circuit-Interrupter Protection. Arc-fault circuit-interrupter protection shall be provided as required in 210.12(A), (B), and (C). The arc-fault circuit interrupter shall be installed in a readily accessible location.
Exception: Arc-fault circuit interrupter protection shall not be required to be installed in one- and two-family dwellings.
 
Ordinance Section 217-5, .01 and 02 shall not apply to work done by:
A contractor who is engaged in the design, installation, erection, repair, maintenance, or alteration of class two or class three remote control, signaling, or power-limited circuits, optical fiber cables or other cabling, or communications circuits, including raceways, as defined in the National Electrical Code for voice, video, audio, and data signals in residential or commercial premises.
 
John Deatrick Named Public Works and Transportation Director
The Board of County Commissioners of St. Mary's County has selected John Deatrick Public Works and Transportation Director.  Mr. Deatrick comes to St. Mary's County from the City of Cincinnati where he served as Project Executive for the Cincinnati Streetcar implementation between 2013 and 2016. From 2008 until 2013, he was Cincinnati's Project Executive for the Central Riverfront Redevelopment Project.
  SOMERSET COUNTYSOM
Comprehensive Plan
Somerset County Commissioners have approved incorporating the County's Adopted Growth Tiers Map into the 1996 Somerset County Comprehensive Plan. Tier I designations are areas that currently have existing public sewer service area in the Somerset County 2008 Comprehensive Water and Sewerage Plan. Tier II designations are areas located within County designated growth areas and are planned for public sewer service. Tier IIA designations are areas located within County designated growth areas and are not yet planned for sewer service in the Somerset County 2008 Comprehensive Water and Sewerage Plan.  Tier II and Tier IIA areas allow for major residential subdivisions (greater than 7 lots) than can be served by public sewer and for minor residential subdivisions (7 lots or less) to be served by public sewer or on-site sewage disposal systems.  Tier III designations are areas where on-site disposal systems, community sewerage systems, and shared facilities are permitted for major residential subdivisions and where minor residential subdivisions can be served by on-site sewage disposal systems.  Tier IV designations are areas where major residential subdivisions are not permitted and where minor residential subdivisions can be served by on-site sewage disposal systems.
  WICOMICO COUNTYwicomico
Concentrated Animal-Feeding Operation 
The Maryland Department of the Environment, at a hearing, on August 4, 2017 gave preliminary approval for the CAFO proposed for North West Road and Naylor Mill roads in Wicomico County to move forward.  When completed it will be the largest chicken farm in Wicomico County's history.  Several residents who live along North West and Naylor Mill roads spoke against the project.
  WORCESTER COUNTYworchester
Local Legislation
Worcester County Commissioners have passed Bill 17-9, Zoning - Commercial Non-Agricultural Functions in Agricultural Structures and Lands in the E-1 Estate District.  The bill amends the Zoning and Subdivision Control Article to permit the accessory use of a principal agricultural structure or use of land for the commercial hosting of non-agricultural functions and events in the E-1 Estate District.
 
Time Limitations on Postponed Applications
Worcester County Commissioners have introduced Bill 17-10, Zoning - Time Limitations on Postponed Applications.  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.
 
Outdoor Sports Complex
Worcester County Commissioners held a work session to discuss the feasibility of a proposed outdoor sports complex.  In August, the Maryland Stadium Authority, the state agency responsible for planning and funding such projects, presented the commissioners with its findings on the project.  The purpose of the work session was to help the Commissioners better understand the project and its potential impacts on the County to determine if the Commissioners would like to move forward with developing a more detailed project proposal.  After much discussion the Commissioners voted to have staff identify suitable sites County-wide for the proposed outdoor sports field complex for their consideration at a future closed session meeting. 
  OTHER INDUSTRY NEWSother
Judge Strikes Rule to Double Overtime Pay Threshold
A federal judge has struck down the Obama administration's overtime rule that would have doubled the salary threshold for workers to be able to receive overtime pay. The Justice Department subsequently announced it would not appeal the ruling, effectively ending the Obama-era expansion of the overtime rule. The Obama administration's final rule that was set to take effect Dec. 1, 2016, raised the salary threshold for executive, administrative, or professional workers to receive overtime pay from $23,660 to $47,476. NAHB led the effort to mitigate the effects of the rule.

Drywall Prices Expected to Rise
In the wake of hurricanes Harvey and Irma, the price for gypsum might be the first to ascend as a result of the storms. Last month, prices for gypsum products - drywall being a major one - fell for the first time in three months. But as NAHB economist David Logan noted in a recent Eye on Housing blog post  , remodeling projects will be the first feasible construction efforts for much of Texas and Florida. This promises to drive up demand for drywall and cause prices to climb before those of other building materials. Demand for framing lumber and concrete will rise later on because larger-scale, structural rebuilding projects usually take longer to get underway. Builders have become all too familiar with the recurrent price increases for softwood lumber. A brief reprieve in June was the only month thus far in 2017 in which lumber prices recorded a drop (3 percent). But overall, prices have increased 22 percent since the start of 2016. 
 
Federal OSHA Silica Rule Takes Effect Saturday, Sept. 23
The U.S. Occupational Safety and Health Administration is scheduled to begin enforcement of the silica rule in construction this Saturday, Sept. 23. Maryland, which has a State-run OSHA program , has six months to adopt the federal rule or develop one that is equally effective. NAHB's legal challenge on the silica rule is still pending. The case is scheduled to be argued before the court on Sept. 26. NAHB's Silica in Construction Toolkit, provides background on crystalline silica as well as resources for helping home builders and remodelers comply with the rule. Information is also available on OSHA's website.

New Videos Help Ensure Safety on the Job  
NAHB, in collaboration with the Job-Site Safety Institute and the National Housing Endowment, has released three new Video Toolbox Talks on safety in the residential construction industry. They cover nail gun safety, personal protective equipment and housekeeping and fire safety. Good housekeeping is not only about keeping a clean job site; it lays the foundation for accident and fire prevention. The key is removing hazards so you don't have to work around them. The housekeeping and fire safety video covers several important steps to prevent and address dangers on the job site. View the videos >>>
OCTOBER 2017
IN THIS ISSUE
Maryland
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