BALTIMORE COUNTY
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Legislative and Regulatory Issues Impacting Baltimore County
July 2023
Baltimore County APFO legislation Baltimore County Officials have put together a draft piece of legislation that would implement APFO county wide. The legislation is rumored to have amendments deviating from the original APFO recommendations but no solid information on the bill is available yet. The bill is likely to resurface in March. The MBIA APFO workgroup has prepared comments on the bill and had preliminary discussions with policy makers about the consequences of implementing APFO. Minor Subdivisions MBIA has taken steps to reintroduce the Minor subdivision legislation that was introduced in 2020. The proposal would change the definition of a minor subdivision in Baltimore County from any subdivision of 3 units or less to a subdivision of 5 units or less. MBIA members have had preliminary meetings regarding the legislation and will keep members appraised of updates. Baltimore County Master Plan 2030 The Baltimore County Planning Board has approved the implementation of Master Plan 2030. The plan followed a 2-year planning process and has garnered significant criticism from the Building and Development as well as legal communities. The version of the plan that was adopted on June 29th was significantly amended from the original version. The most significant amendments are as follows:
March 2023 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. Bill 6-22 has passed with MBIA recommended amendments and 16’ townhouses will be allowed by right with a 10% affordable housing set aside. Baltimore County APFO legislation Baltimore County Officials have put together a draft piece of legislation that would implement APFO county wide. The legislation is rumored to have amendments deviating from the original APFO recommendations but no solid information on the bill is available yet. The bill is likely to resurface in March. The MBIA APFO workgroup has prepared comments on the bill and had preliminary discussions with policy makers about the consequences of implementing APFO. Minor Subdivisions MBIA has taken steps to reintroduce the Minor subdivision legislation that was introduced in 2020. The proposal would change the definition of a minor subdivision in Baltimore County from any subdivision of 3 units or less to a subdivision of 5 units or less. MBIA members have had preliminary meetings regarding the legislation and will keep members appraised of updates. November 2022
Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Baltimore County APFO legislation Baltimore County Officials have put together a draft piece of legislation that would implement APFO county wide. The legislation is rumored to have amendments deviating from the original APFO recommendations but no solid information on the bill is available yet. MBAIA expects to see the legislation taken up with the incoming county council and is currently preparing comments on the expected provisions of the bill. OCTOBER 2022 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Baltimore County APFO legislation Baltimore County Officials have put together a draft piece of legislation that would implement APFO county wide. The legislation is rumored to have amendments deviating from the original APFO recommendations but no solid information on the bill is available yet. MBAI expects to see the legislation taken up with the incoming county council and is currently preparing comments on the expected provisions of the bill. SEPTEMBER 2022 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Council on Environmental Quality Forest Maintenance Period Proposal The Council on Environmental quality is considering a proposal to extend the required period for developers to maintain a reforestation project. CEQ released its report to the county council and is recommending an extension of the maintenance period to a period ranging from 5-10 years, more county inspections and an increased survivability requirement. The county council will review the report and create legislation in response to the recommendations. MBIA met with Director Dave Lykens about the report to discuss possible changes to the recommendationsJULY 2022 Baltimore County Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Council on Environmental Quality Forest Maintenance Period Proposal The Council on Environmental quality is considering a proposal to extend the required period for developers to maintain a reforestation project. CEQ released its report to the county council and is recommending an extension of the maintenance period to a period ranging from 5-10 years, more county inspections and an increased survivability requirement. The county council will review the report and create legislation in response to the recommendations. MBIA’s Baltimore County Chapter and Environmental Committee have given comments on the report to the county council. June 2022 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Council on Environmental Quality Forest Maintenance Period Proposal The Council on Environmental quality is considering a proposal to extend the required period for developers to maintain a reforestation project. Has released its report to the county council and is recommending an extension of the maintenance period to a period ranging from 5-10 years, more county inspections and an increased survivability requirement. The county council will review the report and create legislation in response to the recommendations. MBIA’s Baltimore County Chapter and Environmental Committee are working together to create MBIA comments on the proposal for the county council. MAY 2022 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legislation in line with MBIA goals. The planning department has indicated that it will not change its recommendations in response to MBIA comments. Council on Environmental Quality Forest Maintenance Period Proposal The Council on Environmental quality is considering a proposal to extend the required period for developers to maintain a reforestation project. The commission has had two meeting on the subject in which members of MBIA and other stakeholder groups commented on the proposal and the likely outcomes of various policy proposals. The proposal is currently under final consideration and their recommendation will be made to the county council. MARCH 22 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. MBIA members have met with Steve Lafferty and other stakeholders on the measure in order to ensure the bill is introduced in a form that addresses community concerns as well as keeps the legisaltion in line with MBIA goals. Council on Environmental Quality Forest Maintenance Period Proposal The Council on Environmental quality is considering a proposal to extend the required period for developers to maintain a reforestation project. The commission has had two meeting on the subject in which members of MBIA and other stakeholder groups commented on the [roposal and the likely outcomes of various policy proposals. The proposal is currently under final consideration and their recommendation will be made to the county council. JANUARY 2022 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. Councilman Marks has indicated that the measure will not likely to be introduced until February, but he remains optimistic in its chances. DECEMBER 2021 Townhouse Sizing Measure The Baltimore County Planning Board has approved the construction of 16’ townhouses by right and the measure will be taken up by the council at the discretion of Councilman David Marks. Councilman Marks has indicated that the measure will not likely to be introduced until February but he remains optimistic in its chances. OCTOBER 2021 LURA Permitting Process Baltimore County is currently in the process of testing their Land Use and Regulatory Automation (LURA) electronic submittal system. They are currently working with MBIA members to form a focus group to test the system and solicit feedback in order to tune the process for release. Minor Subdivision Legislation The Minor Subdivision bill was withdrawn after being introduced by councilman Jones. Although the bill did not make it through this year. We are hopeful that we will be able to re-introduce the legislation at a later date. Townhouse Sizing Measure Currently the planning commission is in the process of making recommendations regarding our proposal to change the allowable size of townhouses from 20’ to 16’. The planning commission released its report on September 1st. MBIA members submitted comments and testified in favor of the measure on September 23rd. AUGUST 2021 LURA Permitting Process Baltimore County is currently in the process of testing their Land Use and Regulatory Automation (LURA) electronic submittal system. They are currently working with MBIA members to form a focus group to test the system and solicit feedback in order to tune the process for release. Minor Subdivision Legislation The Minor Subdivision bill was introduced by Counselman Julian Jones as bill 77-21. MBIA has lobbied on behalf of the bill before introduction and we are now in the process of meeting with the various council members in order to disseminate information about the bill and advocate for its passage. Townhouse Sizing Measure Currently the planning commission is in the process of making recommendations regarding our proposal to change the allowable size of townhouses from 20’ to 16’. We are awaiting their report and recommendation which should be out in early August. JULY 2021 LURA Permitting Process Baltimore County is currently in the process of testing their Land Use and Regulatory Automation (LURA) electronic submittal system. They are currently working with MBIA members to form a focus group to test the system and solicit feedback in order to tune the process for release. Legislation Currently we are monitoring the following legislation in Baltimore County: Bill 55-21 Capital Budget – Bikeways & Pedestrian Access Bill 58-21 Planned Unit Developments Bill 59-21 Design Review Areas Bill 62-21 Zoning Regs. – Used Permitted – Residential Development Proposals-Existing Golf and Country Clubs in the R.C. 4 Zone Resolution 86-21 Amend Local Open Space Waiver Fees JUNE 2021 Housing Subdivision Changes The introduction of the minor subdivision bill has been delayed for political reasons. We are currently lining up other sponsors for the legislation to get it introduced. Townhouse Size Reduction This legislation is currently being considered by the Planning Department. We are having Director Lafferty speak at the upcoming Baltimore County Chapter meeting where he will give us an update on the proposal. MBIA members and experts have submitted numerous written testimony examples of the benefits of the Townhouse legislation while it is under consideration. May 2021 Housing Subdivision Changes MBIA has met with every member of the County Council and is currently in the process of drafting a bill to expand the definition of a minor subdivision to 5 units instead of 3. Councilman Marks has agreed to introduce the legislation on behalf of MBIA rolled together with proposed legislation for an electronic community impact meeting. Currently we are working to find co-sponsors for the legislation to maximize the chances of it passing. Electronic Community Impact Meetings MBIA has proposed legislation to make the use of electronic community impact meetings a permanent option for the conduction of meetings. Many of our members have remarked that the meetings are more controlled, easier to attend, and less expensive and burdensome to set up when they are conducted online and we have proposed legislation to make this change a permanent option. Townhouse Size Reduction Councilman Marks has agreed to propose this piece of legislation to the planning board and we are currently waiting for their review and anticipate their approval. This legislation would reduce the allowable size of a build-able townhouse to 16’ from the current 20’ requirement. APRIL 2021
Housing Subdivision Changes MBIA has met with every member of the County Council and is currently in the process of drafting a bill to expand the definition of a minor subdivision to 5 units instead of 3. Councilman Marks has agreed to introduce the legislation on behalf of MBIA rolled together with proposed legislation for an electronic community impact meeting. Electronic Community Impact Meetings MBIA has proposed legislation to make the use of electronic community impact meetings a permanent option for the conduction of meetings. Many of our members have remarked that the meetings are more controlled, easier to attend, and less expensive and burdensome to set up when they are conducted online and we have proposed legislation to make this change a permanent option. Townhouse Size Reduction Councilman Marks has agreed to propose this piece of legislation to the planning board and we are currently waiting for their review and anticipate their approval. This legislation would reduce the allowable size of a a build-able townhouse to 16’ from the current 20’ requirement. Housing Subdivision Changes
MBIA has met with every member of the County Council and is currently in the process of drafting a bill to expand the definition of a minor subdivision to 5 units instead of 3. Updates will be available as they develop. APFO MBIA has submitted comments regarding the proposed changes to the APFO to the members of the County Council and we are inviting councilman Patoka to speak on the APFO regarding the proposed changes. The proposed APFO changes represent a moratorium on building within Baltimore County. MBIA is currently lobbying to prevent the implementation of many of the proposed changes. Housing Subdivision Changes MBIA is building on the work done during 2019 to try and expand the definition of a minor subdivision to include 5 units rather than 3 which would bring the standards up to equivalency with to other counties in the state of Maryland. Townhouse Sizing Adjustments MBIA is currently lobbying to try and adjust the allowable townhouse size to include 20’ townhouses which would bring the allowable size into more conformity with current architectural and structural techniques. CB 108-20 Buildings and Housing – Rental Housing Licenses Thanks to joint opposition by the MBIA, and the MMHA the County Executive will be withdrawing Council Bill 108-20 (Rental Housing Licenses). This bill would have imposed an estimated $2M in annual fees to the multi-family housing industry and imposed a new financial burden on renters and landowners during a period of unprecedented economic turmoil. While it is likely that the bill will be eventually reintroduced, it is a major victory for landowners and renters that it has been delayed in the current turbulent economic atmosphere. Council Bill 95-20 provides tenants with considerable safeguards against rent increases during a State of Emergency. A public hearing was held September 28. MBIA supported MMHA’s position with a letter in opposition, resulting in an improved amended version which passed on October 5.
Tenant Protections During Emergencies
Council Bill 95-20 provides tenants with considerable safeguards against rent increases during a State of Emergency. A public hearing was held September 28. MBIA supported MMHA’s position with a letter in opposition. Ad Valorem Taxes Council Bill 93-20 would provide tax credits for senior housing developments that are part of a mixed-use development located within 500 feet of an MTA Light Rail Station. A public hearing was held September 28. Design Review Areas Council Bill 100-20 would require the Design Review Panel to review development plans for proposed nonresidential and residential developments located in the Historic East Towson Review Area. A public hearing will be held October 13. APFO Task Force
Resolution 76-20, which creates a task force to study the County’s current Adequate Public Facilities Ordinance(APFO), was heard on July 28. This task force includes a member from the residential building industry. A final reading and vote will occur on August 3. JUNE 2020
Minor Subs
Councilman Marks introduced a bill (74-19) on December 16th that would increase the definition of “minor subdivisions” from three to five lots. The bill was pulled prior to the vote scheduled for January 21, 2020, but MBIA is working with the Council and the County Executive to have it reintroduced. FY 2021 Budget The County Executive has introduced the budget for Fiscal Year 2021. MAY 2020
All County Council meetings will be conducted virtually until further notice.
Board of Appeals – Procedures Council Bill 20-20, which proposed changes to the current Board of Appeals rules of practice and procedure, was withdrawn on April 20. Minor Subs Councilman Marks introduced a bill (74-19) on December 16th that would increase the definition of “minor subdivisions” from three to five lots. The bill was pulled prior to the vote scheduled for January 21, 2020, but MBIA is working with the Council and the County Executive to have it reintroduced. FY 2021 Budget The County Executive has introduced the budget for Fiscal Year 2021. APRIL 2020
Board of Appeals – Procedures
Council Bill 20-20 proposes changes to the current Board of Appeals rules of practice and procedure. It will be discussed further at the Council’s work session on April 14, 2020. Final vote is scheduled for April 20, 2020. Minor Subs Councilman Marks introduced a bill (74-19) on December 16th that would increase the definition of “minor subdivisions” from three to five lots. The bill was pulled prior to the vote scheduled for January 21, 2020, but MBIA is working with the Council and the County Executive to have it reintroduced. Bonding/Letters of Credit On January 21, 2020, the Baltimore County Council enacted County Bill 69-19 which authorizes the County to accept bonds as a performance security, in addition to letters of credit and cashier’s checks. The Department of Permits, Approvals, and Inspections began accepting bonds on March 6, 2020. Bonds may replace expiring letters of credit, and may also be swapped for active letters of credit. MARCH 2020
Minor Subs
Councilman Marks introduced a bill (74-19) on December 16th that would increase the definition of “minor subdivisions” from three to five lots. The bill was pulled prior to the vote scheduled for January 21, 2020, but MBIA is working with the Council and the County Executive to have it reintroduced. Bonding/Letters of Credit On January 21, 2020, the Baltimore County Council enacted County Bill 69-19 which authorizes the County to accept bonds as a performance security, in addition to letters of credit and cashier’s checks. The Department of Permits, Approvals, and Inspections will begin to accept bonds on March 6, 2020. Bonds may replace expiring letters of credit, and may also be swapped for active letters of credit. FEBRUARY 2020
Minor Subs
Councilman Marks introduced a bill (74-19) on December 16th that would increase the definition of “minor subdivisions” from three to five lots. There will be a work session on Tuesday, January 14, 2020 at 2 p.m. The Final Reading and Vote will be Tuesday, January 21, 2020 at 6 p.m. MBIA will be testifying in support of this legislation. Please contact your legislators and ask them to vote YES on 74-19. Contact Angelica Bailey for more information. Bonding/Letters of Credit At the request of County Executive Olszewski, Council Chairman Tom Quirk introduced a bill on December 16th expanding the definition of “performance security” to include bonding (69-19). There will be a work session on Tuesday, January 14, 2020 at 2 p.m. The Final Reading and Vote will be Tuesday, January 21, 2020 at 6 p.m. MBIA will be testifying in support of this legislation. Please contact your legislators and ask them to vote YES on 69-19. Contact Angelica Bailey for more information. If you would like to participate in a discussion regarding implementation of the bonding bill with representatives from the Office of Law, Permits, Applications, and Inspections (PAI), and the County Executive’s Office, please email Michelle Wilson at mmwilson@baltimorecountymd.gov no later than Friday, December 20. A meeting date and time will follow. |