|
Concerns about Maryland’s rapid pace of growth and development and the impact on our environment have drawn heated debate. The increasing demand for water supply and water quality degradation in Chesapeake Bay are the focus between proponents and opponents of growth and development.
A result of steadily growing public concern, House Bill 1141 – Land Use – Local Government Planning was introduced in the legislature this year. An amended 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 with amendments in 2000 added eight visions to the State’s growth policies. The Act concentrated on developing in suitable areas, protecting sensitive areas, and establishing funding mechanisms to achieve the visions. With the passage of House Bill 1141, the 2006 General Assembly added new requirements for local plans to more thoroughly examine effects of proposed land use. The Maryland Department of Planning is the lead agency for growth and planning in the state. The new requirements focus on how planning effects streams and wetlands, forest and agricultural conservation lands, water supplies and water quality.
Since 1992, comprehensive plans have included a “sensitive areas” element that contains 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 designated list of sensitive areas. This change to state land use planning law is important because Maryland environmental law already provides special protections for wetlands. State and local governments are investing significant resources in agricultural and forest land preservation. Wetlands, forests and agricultural lands must be protected to preserve Maryland’s environmental resources and our quality of life.
Adding Water Resources Planning Element to Comprehensive Land Use Plan
Another significant requirement of House Bill 1141 is the addition to the comprehensive land use plan of a water resources planning element. This element ensures that drinking water and other water resources will be adequate and suitable receiving waters and land areas will be available 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 Maryland faces. Land use plans must consider these critical needs as early in the process as possible to ensure they are realistic and environmentally sustainable. New development cannot be allowed if it will overwhelm critical natural resources that support existing and new development alike. While Maryland Department of the Environment (MDE) has no approval authority we provide technical assistance to local governments as they develop the Water Resources Element of their Comprehensive Plan.
Regional Workshops: Putting New Provisions into Practice
To prepare for applying these new provisions, the Maryland Departments of
Planning, the Environment and Natural Resources are holding regional workshops
that focus on implementing the new law and understanding local perspectives on
HB1141 and HB2. The sessions are directed at local government, both county and
municipal, who are charged with executing or are affected by the new law’s
requirements. The emphasis will be on the intent of the new law and those areas
of technical assistance that the state offers to help make the recommendations a
reality. The first three workshops were held on October 23 (Harford County
Community College), October 24 (Chesapeake College) and November 1 (University
of Maryland, Eastern Shore). Additional workshops are planned through January.
Plan Ahead to Avoid Water Shortage
All too often, site-specific development plans proceed to the point of seeking permits only to find that plans must be significantly modified because of a shortage of available water supplies. To prevent serious environmental impacts and meet the requirements of State and federal environmental protection laws, plans should consider water availability. It is critical that local land use plans take sensitive areas, like wetlands and forest and agricultural land preservation lands, water availability and water quality protection requirements into consideration. This ensures a protected environment and minimizes conflicts between growth plans and environmental laws and land preservation goals.
MDE is working with the Maryland Department of Planning (MDP) and Natural Resources (DNR) to develop ways to assist local jurisdictions as they begin including the new water resources element in their comprehensive plans by October, 2009. The Departments are developing draft guidance for use by the local jurisdictions in preparing the water resources element. The guidance will detail considerations and assessments to be made for existing and future development. They will consider adequate drinking water, suitable receiving waters and land areas available to meet stormwater management and wastewater treatment and disposal. The Departments will identify information sources available to those jurisdictions in making the assessments identified in the guidance.
Click here for an overview of planning programs offered by MDE and MDP.
|
