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Concerns about the impacts of Maryland’s rapid pace of growth and development on our environment have recently been the focus of considerable press coverage and much discussion. These impacts particularly focus on the increasing demand for water supply and degradation of water quality in the Chesapeake Bay. Over the past year, Secretary Kendl P. Philbrick of the Maryland Department of the Environment (MDE) and Secretary Audrey Scott of the Maryland Department of Planning (MDP) hosted a series of regional workshops to engage local officials and concerned citizens in planning and impact discussions. During this time period, a number of major housing developments located across the State, from the Eastern Shore to Western Maryland, have drawn heated debates between proponents and opponents of growth and development.
Land Use and Local Government Planning
As a result of steadily growing public concern, House Bill 1141 (Land Use – Local Government Planning), introduced during the 2006 legislative session, generated a great deal of debate before final amendment. The bill passed with broad legislative support and was signed into law by Governor Robert L. Ehrlich, Jr. Maryland’s county and municipal governments have long had the primary responsibility for land use planning under existing State law. The Economic Growth, Resource Protection, and Planning Act of 1992 and amendments in 2000 added eight visions to the State’s growth policies. The Act concentrated on developing suitable areas, protecting sensitive areas, and establishing funding mechanisms to achieve its eight visions. With the passage of House Bill 1141, the Maryland General Assembly added new requirements for local plans to more thoroughly examine the effects of proposed land use on streams and wetlands, forest and agricultural conservation lands, water supplies and water quality to avoid negative impacts to our natural resources.
Sensitive Areas: Agricultural and Forest Land Preservation
Since 1992, comprehensive plans must include a “sensitive areas” element with goals, objectives, principles, policies and standards designed to protect sensitive areas from the adverse effects of development. Sensitive areas originally included streams and their buffers, 100-year flood plains, habitats of threatened and endangered species, steep slopes and other areas in need of special protection. Under the new legislation, wetlands and agricultural or forest lands intended for resource protection or conservation have been added to the sensitive areas designated list. This change to State land use planning law is important because Maryland environmental law already provides special protections for wetlands, and the State and local governments are investing significant resources in agricultural and forest land preservation.
Sustainable Drinking Water Supply and Safe Wastewater Management
Another significant requirement of House Bill 1141 is the addition to the comprehensive land use plan of a water resources planning element to ensure that drinking water and other water resources will be adequate and suitable receiving waters. The other objective is to ensure adequate land areas to meet stormwater management and wastewater treatment and disposal needs of existing and future development. Clean drinking water and safe wastewater disposal are two of the most basic public health needs that we face. Land use plans must consider these critical needs as early in the process as possible to ensure that plans are realistic and environmentally sustainable. New development cannot be allowed if it will overwhelm the critical natural resources that support existing and new development alike.
All too often, site-specific development plans proceed to seek permits, only to find that plans must be significantly modified because of a water supply shortage or to prevent serious environmental impacts and adhere to State and federal environmental protection laws. It is critical that local land use plans take sensitive areas, like wetlands and forest and agricultural preservation lands, water availability and water quality protection requirements into consideration to ensure that the environment is protected and conflicts between growth plans and environmental laws and land preservation goals are minimized.
Consider Conservation for Multipurpose Water Management
The new legislation requires MDE to provide available data and technical assistance to local governments and review all local plans for consistency with the water resources programs and goals of the Department. This, under §5-203 of the existing Environment Article, mandates proper conservation and development of State waters, in a manner compatible with multiple purpose management on a watershed or aquifer basis. Maryland’s water resources program includes a comprehensive suite of drinking water and water quality programs to ensure that public health and the environment are properly protected. From water appropriations permits that prevent withdrawals on surface and groundwater sources that impact other users, to Total Maximum Daily Loads (TMDLs) and the Chesapeake Bay Tributary Strategies, programs are in place to ensure that the receiving waters we all enjoy will continue to meet water quality standards. Maryland’s water resources programs are critical to preserving our environment and ensuring that Maryland remains a healthy and pleasant place to live.
Ensuring that Maryland’s land use planning and environmental protection laws are well integrated and can successfully achieve our goals is a tremendous challenge. It will require unprecedented State, local and private cooperation. MDE is committed to working closely with other State agencies, local governments and all Maryland citizens to develop the information and processes necessary to implement the requirements of Maryland’s newly revised planning laws.
Communicating at the Maryland Municipal League Summer Meeting
At this year’s annual summer meeting of the Maryland Municipal League at the Ocean City Convention Center, MDE along with MDP will lead technical workshops about planning, zoning, growth, and environmental constraints on Monday, June 26. On Tuesday, June 27, Secretaries Philbrick and Scott will host a roundtable discussion. Over the next year, MDE and MDP will continue to work with local governments to develop guidance for implementing the new planning law. |
