Legislative Updates By Delegate Mike McDermott

Repeal of SB-236-The Great Land Grab

‘Repealing The Sustainable Growth and Agricultural Act of 2012 (SB - 236) - A Bill that Hurts Farmers in the Name of Preserving Them’

(ANNAPOLIS) -- “Last year, the General Assembly took away decision making authority from our local governments under SB-236.  In the name of ‘preservation’, they gave us restrictions, and in the name of ‘planning’, they have now  taken control.  Currently, many local governments are waiting and hoping that some relief will come during the 2013 Session, and I am hoping to do just that with the Repeal of SB- 236”said Delegate Michael A. McDermott (Worcester and Wicomico Counties).  At the end of last year’s Regular Session, the Maryland legislature passed the Sustainable Growth and Agricultural Preservation Act (‘The Septic Bill’ or SB236).  This bill was passed after a heated debate over the state’s authority in local planning matters because it requires county governments to adopt a four-tier system into their planning maps.  Based on septic and sewer use, this new system will allow the Maryland Department of Planning and the Maryland Department of the Environment to control the growth of residential developments in agricultural areas and makes the state the final arbitor of, what used to be, local zoning decision making.  Under the Septic Bill, the county will be majorly limited in what it can authorize or plan if the four-tier system is not adopted.  County governments cannot allow new major subdivisions to be built without submitting the plans to the Maryland Department of Planning. 
“The passing of last year’s ‘Septic Bill’ hurts farmers in the name of preserving them.  It takes away local sovereignty by employing a cookie cutter approach dictated by Annapolis bureaucrats.  Maryland needs to recognize the importance of local farmers to our economy, the environment, our collective heritage, and the economic viability of a vast portion of Maryland’s economy” stated Delegate McDermott. The four-tier system creates severe restrictions on the installation of septic systems in larger residential developments and rural areas.  Tier I areas are currently served by sewer lines, Tier II areas are designated as ‘growth areas’ where sewer lines are planned to extend to, Tier III areas are not planned for sewer lines or zoned for agricultural uses - but septic systems can be installed as an alternative, and Tier IV areas are designated as ‘conservation areas’ not planned for sewer lines.  In areas designated as Tier IV, the building of large subdivisions and the installation of septic systems are banned.  This tier system has caused grief to many Marylanders who believe that the development restrictions will cause significant land devaluation at a time when their property values have already been reduced by the recessionary economy.  Those who own farms are worried that a reduction of their land value will also mean a reduction of the money they can borrow for supplies and equipment when times are tight.

“Many Marylanders did not have the chance to understand the significance of this 52 page piece of legislation as presented last year. The bill I dropped, repealing SB-236,  should afford those voices a second chance to address the many challenges this legislation created”, concluded Delegate McDermott.  Delegate McDermott ‘dropped’ the bill which will repeal SB236 on Tuesday, January 15th.  He has gathered support for the bill and is waiting on a hearing date.