Story Category: The Bay Net Exclusives »

Owners of 1,250 parcels of land in St. Mary’s County will have their development rights reduced by the Sustainable Growth & Agricultural Bill of 2012, otherwise known as the Septic Bill. The bill was passed by the Maryland General Assembly earlier this year and became effective on July 1 although the implementation will not take effect until January 1.

The impact on St. Mary’s County was reported during a public forum on Tuesday, November 13 that was conducted by staff of the St. Mary’s County Department of Land Use and Growth Management (LUGM). According to Sue Veith, LUGM’s environmental planner, the lot owners of those 1250 parcels will lose development rights to more than 11,000 lots. They are mostly owners of large parcels, some of which are farms.

The law severely restricts development in areas mapped as Tier 4 under the guidelines of the Septic Bill. The county has sent their map to the state although that map has not yet been approved, according to Veith.  Richard Josephson, a representative of the Maryland Department of Planning, said St. Mary’s County’s mapping process was farther along than most other counties and he praised LUGM for the job they have done on it.

According to the Maryland Department of Planning website: “The Sustainable Growth & Agricultural Preservation Act of 2012(Senate Bill 236) limits the spread of septic systems on large-lot residential development to reduce the last unchecked major source of nitrogen pollution into Chesapeake Bay and other waterways. By mapping future growth in ‘tiers,’ the law seeks greater accountability and predictability.”

Only two persons spoke at the Tuesday public forum after the detailed briefing by LUGM staff and Josephson. Attorney and landowner Phil Dorsey noted the sparse crowd at the forum and said he doubted that more than a handful of the property owners affected by the bill know about it. The potential for grandfathering the affected lots has come and gone.

Dorsey urged the county commissioners to send out notices to the affected property owners. “It will bring a grinding halt to development along the Chesapeake Bay shoreline,” he said. Dorsey said St. Mary’s has done a good job of protecting the Bay with the amount of land in agriculture preservation.

The other speaker at the forum was St. Mary’s County Commissioner Daniel Morris (R: 2nd). He repeated his oft delivered mantra on the subject: “Where’s the science.” He believes the scientific evidence does not support the finger pointing at septic systems as the major cause of Chesapeake Bay pollution.

The farm community in Maryland is up in arms that the brunt of the effort is now being focused on them and removing the property rights they had to develop their land. Many believe they have worked hard all their life and the development rights on their property represent their retirement income.

The Septic Bill was strongly supported by state environmental groups and was one of the cornerstones of Gov. Martin O’Malley’s 2012 legislative initiative.

At the forum LUGM Director Philip Shire urged the public to become familiar with the tier maps and to inform his office as soon as possible of any mistakes so they can be corrected before the bill is implemented on January 1.

A copy of the LUGM presentation to the St. Mary’s County commissioners on tier mapping can be viewed at http://www.co.saint-marys.md.us/docs/TierPresentation.pdf