Smart, Green and Growing Bill Summaries
Smart and Sustainable Growth Act of 2008 – Comprehensive Planning
Background: The strong link between local comprehensive plans and zoning was substantially weakened by the Maryland Court of Appeals in the Terrapin Run case when the Court ruled that these plans are mere guides. As a result, this case potentially allows jurisdictions to disregard their comprehensive plan despite clear state law, dating back to the 1992 Planning Act, stating that a local jurisdiction is required to implement the provisions of the comprehensive plan it develops through zoning and ordinances. Consistency with local comprehensive plans is also a requirement of other programs such critical areas and water and sewer planning.
Justification: Local comprehensive plans encompass a consensus view of the future development of the jurisdiction. Countless hours are spent by citizens and public officials considering the future of their jurisdiction and developing a local comprehensive plan to carry out that vision. A good comprehensive plan does not predetermine every land use decision that will be made, but it charts a course for the jurisdiction. The plan is not a straightjacket, but neither is it merely advisory. Unless and until it is revised, the course it lays out should be implemented, and land use ordinances and regulations should be consistent with the local comprehensive plan.
Legislation: The people of Maryland are best served if all land use decisions conform to the overall comprehensive plan in the location and timing of development as well as the uses, densities and intensities. This legislation makes it clear that a local jurisdiction must implement and follow the comprehensive plan it adopts.
Planning Visions
Background: The “Eight Visions” that form the basis of planning in Maryland were first adopted by Maryland in the 1992 Economic Growth, Resource Protection, and Planning Act. Local jurisdictions are required to implement the Visions through the comprehensive plan and through the adoption of ordinances, zoning, and regulations.
Justification: The Visions are a now-familiar touchstone of Maryland land use law and policy and have been in place without significant amendment for 16 years. The Visions have never been modernized to reflect and keep pace with current growth and development patterns and trends or Maryland’s commitment to Smart Growth.
Legislation: This legislation carries out a key recommendation of the Task Force on the Future for Growth and Development by modernizing the Visions to include public participation, economic development, housing, sustainability, and multi-modal transportation as well as broader resource conservation and environmental protection goals.
Smart Growth Measures and Markers
Background: Advancement and achievement of public policy objectives like Smart and Sustainable Growth are helped by the application and analysis of broadly accepted and reliable information about land use goals, markers, trends, forecasts and metrics. Despite its critical importance, little comprehensive quantitative information exists to measure how Maryland is growing at the State, regional, and, at times, local levels. While some measures or markers exist statewide, additional ones are needed.
Justification: Better quantitative information about land use goals, markers, trends, forecasts and metrics will assist local governments and regional planning organizations in their planning efforts. It will also assist the State in its efforts to provide accurate and timely data to policymakers at Baystat about the efficacy and cost-effectiveness of governmental programs to restore the vitality of the Chesapeake Bay since the health of the Bay is intimately connected to land use.
Legislation: This legislation directs the Maryland Department of Planning to develop measures or markers for Smart and Sustainable Growth in conjunction with the Task Force on the Future for Growth and Development.
Maryland Heritage Structure Rehabilitation Tax Credit Program – Reauthorization and Enhancement
Background: One of the most powerful tools for revitalization of existing communities throughout the State has been the Maryland Heritage Structure Rehabilitation Tax Credit Program. By focusing only on historic structures, the Program directs resources to existing communities where viable structures await rehabilitation and expensive infrastructure is already in place.
Justification: From 1996 to 2003, the Maryland Heritage Structure Rehabilitation Tax Credit was widely regarded as the most effective program of its type in the nation and was described as Maryland’s most powerful and effective Smart Growth, economic development and community revitalization tool. However, this very success and demand for the credits led to changes in the program including adding competitive rankings. Because of these changes, some of Maryland’s most capable and successful historic rehabilitation developers have turned their attention to states where the state credits can be predictably obtained and easily combined with federal historic preservation credits.
Legislation: This legislation reauthorizes the Maryland Heritage Structure Rehabilitation Tax Credit Program which is due to expire in July 2010. It restores the Maryland Heritage Structure Rehabilitation Tax Credit Program to its previous status as a true tax credit program that provides predictability for developers and at the same time is fiscally responsible through the use of a multi-year authorization. The legislation enhances the current Program by providing a 5% bonus, in addition to the 20% credit, for commercial projects that meet a LEED certification of Gold or higher.
Transit Oriented Development – Expansion of Public Financing Options
Background: Last session the General Assembly passed the Administration’s Transit Oriented Development (TOD) bill, which clearly defined TOD, established the process for designation of TODs and confirmed it as a transportation purpose.
Justification: TOD represents a sustainable form of development that benefits the environment, public health, citizens’ access to transportation, and economic development, and enables the State to maximize its return on the large investment it has made in transportation infrastructure. TOD increases transit ridership, decreases automobile use, mitigates congestion on roads, minimizes green house gases and pollution, and enhances quality of life for our citizens. Maximizing use of Maryland’s existing and planned transit investments is key to addressing growth challenges.
Legislation: This legislation expands on last year’s TOD legislation by making TOD implementation more feasible because it gives local governments more flexibility with project financing. The legislation gives localities new tools to implement public infrastructure projects, including TOD, through tax increment financing and special taxing districts, by greatly facilitating cooperative project and funding arrangements among State and local government entities.
Maryland Aquaculture Enterprise Zones
Background: Leasing laws that provide for private culture were passed in the 1800s and early 1900 but encountered opposition from public harvesters trying to prevent competition. Laws became restrictive and shellfish aquaculture remained a small part of the oyster industry in Maryland. The proposed legislation is designed to reverse this system and promote a shellfish industry in Maryland through privatization. The Oyster Advisory Commission, formed in 2007 via previous O’Malley Administration legislation – House Bill 133/Senate Bill 148, is charged with advising the state on matters relating to oysters and strategies for rebuilding and managing the oyster population in Maryland's portion of the Chesapeake Bay. The Maryland Aquaculture Coordinating Council was formed during the 2005 session of the General Assembly via House Bill 971 to promote aquaculture in the State. The Commission and Council agree that privatization and aquaculture hold the greatest opportunity for economic production of oysters in Maryland, and that current laws and regulations that have been developed to sustain a public fishery are the greatest hurdle to realizing this opportunity.
Justification: According to State law established in 1906, only barren (uncharted) oyster bottom can currently be leased, even though most of these areas have long since ceased to be even marginal producing areas. This has been further restricted by certain counties banning leasing in waters surrounding them. Many of these are in areas that would be good for production. Terms of leases have also been restrictive. The bill creates the opportunity for prospective shellfish growers to establish their businesses in Maryland waters. Shellfish aquaculture in Maryland has tremendous potential, and this proposed bill is designed to encourage these enterprises in Maryland. As there continues to be pressure placed on our wild fishery in Maryland, it only makes sense to try to expand upon and encourage opportunities for privatization of shellfish aquaculture in Maryland.
Legislation: The proposed bill creates the opportunity for prospective shellfish growers to establish their businesses in Maryland waters by giving the Department of Natural Resources regulatory authority to establish Aquaculture Enterprise Zones, opening areas to leasing in both the Chesapeake Bay and the Atlantic Coastal Bays, revising the terms of the shellfish leases, and addressing areas currently closed. This proposed bill is consistent with recommendations from the Maryland Shellfish Aquaculture Plan: Enhancing the Environment through Private Sector Investment report (a.k.a. MD Shellfish Aquaculture Plan) of September of 2008.
