Legislators concerned state growth plans would pre-empt counties

Published January 22, 2009 5:00am ET



Maryland’s effort to control development may impede how local governments plan their communities, lawmakers said Wednesday.

“It appears that the [Maryland Department of Planning] is moving from an advisory to a regulatory mode,” said Del. Richard Sossi, R-Eastern Shore.

The House Environmental Matters Committee heard testimony from a task force charged with addressing “Smart Growth” in Maryland and reviewed recommendations made by that committee this past year.

Gov. Martin O’Malley plans to propose some of those recommendations in the coming days in an effort to help create a statewide comprehensive plan aimed at preventing overdevelopment and saving agricultural land.

Some legislators see that legislation intruding into the planning authority of local governments, which usually dictate the level and location of growth within their boundaries.

“Some jurisdictions have done a wonderful job with their planning … so why force this when many are already doing it?” asked Del. Anthony O’Donnell, R-Calvert and St. Mary’s.

Jon Laria, a Baltimore lawyer heading up the task force, and Maryland Planning Secretary Richard Hall assured the delegates that creating a statewide plan connecting housing, transportation and growth management would not pre-empt local zoning plans.

“I don’t think MDP has overstepped its reach,” Laria said. “Decisions are still being made at a local level.”

A statewide plan might be helpful for the counties surrounding the Chesapeake Bay that often struggle individually with development in environmentally sensitive areas, said Del. Elizabeth Bobo, D-Howard.

The proposed legislation also would create indicators to measure growth and progress, and address development around transit stations.

Hall said the proposed Smart Growth legislation is in draft form and could be presented soon.

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