ATTACHMENT A - BoardDocs, a Diligent Brand

Rural Planning and Zoning Task Force Recommendations: Attachment A 1 | P a g e

ATTACHMENT A

1. AGRICULTURE ADVISORY COUNCIL

Issue: Many issues came to light both via our research and public testimony that in the short

time-frame of our task force we were not able to address. It is obvious the public would benefit

from an ongoing forum to bring issues and trends to the attention of the Commissioners and

Planning and Growth Management (PGM). It could also benefit PGM to have regularly

processed feedback so they can better tailor their policy and procedures in serving the county.

Action: An Agriculture Advisory Council should be created which shall meet 6 times per year

and report its recommendations in writing and/or verbally directly to the Charles County Board

of County Commissioners (BOCC) at least twice per year. The composition of the Agriculture

Advisory Council shall be seven (7) County residents --- one (1) each representing the following

constituencies: Farming, Forestry, Agritourism, Equestrian, Aquaculture/Waterman and two (2)

at large members. One (1) County staff person with Agriculture Marketing expertise shall attend

these meetings to offer advice/guidance. Initial terms shall be staggered at 1, 2, and 3 years with

an opportunity to serve for one additional 3-year term. Members added after the initial council

start, will serve a 3-year term with the opportunity to serve one additional 3-year term.

Purpose of the Council is to identify trends and issues in the agriculture community, provide a

forum for agriculture public and industry to present concerns, and convey issues and potential

ongoing legislative changes as needed to the commissioners.

(*Note: The creation of an Agriculture Advisory Council was recommended by a study

commissioned by the Charles County BOCC ---i.e., “An Evaluation of Charles County

Agriculture and Recommendations for Agricultural Economic Development”, July 2011.

Thomas Daniels, PhD, Professor of City and Regional Planning, University of Pennsylvania.)

2. LIAISON POSITION

Issue: There is frustration among citizens on perceived roadblocks with PGM. Some of the

frustration is due to the regulations being complicated and lengthy. It would be beneficial to the

agricultural public if there was a single point of contact to help navigate the regulations when

wanting to expedite a project or begin a new agricultural business. Communication would be

improved with a non-biased party to bridge the gap and suggest where processes, procedures

and/or regulations may be improved to assist both.

Action: A Liason position should be created to be a single point of contact for the agriculture

public and a conduit of information and knowledge as it relates to Planning and Growth

Management (PGM). The Liaison will also relay information and trends from the public to PGM

and work with PGM to develop web and paper based information guides. The Liaison’s goal

would be to facilitate and assist or “find a way” within current requirements and recommend

changes when they see trends creating obstacles for the agriculture community. The Liaison will

not be required to report infractions in order to create open dialogue among the agriculture


community and county government. The Liaison may serve as the county staff member on the

Agriculture Advisory Council.

This should be an additional duty of the Agriculture Business Manager (currently an Economic

Development Division staff member). It should be a position outside of PGM as it is advisory

and not regulatory. Because this is a time consuming and important task and because the current

duties of creating and promoting agriculture markets is equally important, it should not simply be

added to the Business Manager’s current tasks without either providing an assistant or changing

his/her current role.

3. IMPROVE EASE OF USE FOR PGM CUSTOMERS

Issue: Because regulations were written and revised over many years, they are contradictory,

not defined in some places (so the most stringent interpretation is used rather than risk a less

stringent interpretation), and very confusing as one topic is addressed in many places and not in

logical order. They are confusing even to PGM and county staff and this puts them in a difficult

position of enforcing regulations they don’t always know or understand.

Action: Provide tools to PGM employees (training, information guides etc) so they can better

assist customers and improve the ability for citizens to understand the regulations.

• Create and improve printed and web based customer guides.

• Prioritize in the budget and resources rewriting and reorganizing current regulations.

• Focus on assisting and making agritourism and other county goals possible rather than

strictly interpreting regulations that preclude otherwise desired agritourism and

agricultural operations.

• Encourage PGM to take on a more customer-oriented approach where possible.

4. AGRITOURISM/ECOTOURISM AND RELATED DEFINITIONS

Issue: The State of Maryland has encouraged counties to adopt definitions of

agritourism and related activities. Agritourism has been declared to be a major potential

source of ecomonic development which will help preserve our rural character as well as

aid farmers in diversification opportunities. Adequate definitions are not currently

provided in County Planning and Zoning Regulations for the following terms:

Agricultural Operation, Agritourism, Ecotourism, Farm Alcohol Production Facility, and

Forestry Operation. To the extent definitions exist, they are old or unsuitable for current

conditions.

Action: In Section 297-49, the following definitions should be added/corrected/deleted as

noted.

AGRICULTURAL OPERATION shall mean and include but is not limited to, the cultivation,

management and tillage of soil for composting, production, harvesting and processing of


agricultural crops, breeding and caring for farm animals, production of eggs, dairying, hay and

pasture production, apiary activity, equestrian events and activities, aquaculture, production of

fruit, vegetables and other horticultural crops, including viticulture, production of aquatic plants,

aquiculture, “Forestry Operations” and other commercial agricultural procedures performed as

incident to or in conjunction with such operations, and including preparation for market, delivery

to storage or to market or to carriers for transportation to market, as well as usage of agricultural

or rural land in furtherance of educational and social goals (such as but not limited to 4-H clubs

and Future Farmers of America). An Agriculture Operation may include value-added on or off-

site processing of an agricultural product in order to increase its market value, including canning,

milling, grinding, freezing, heating, fermenting and distilling and the sale of original or value-

added products.

[Delete old AG Tourism definition and replace with the following]

AGRITOURISM or AGRICULTURAL TOURISM (AG TOURISM) shall mean any activity

conducted on an “Agricultural Operation” that is intended to attract members of the public or

invited groups for recreational, entertainment, historical, or educational purposes to view,

participate in or enjoy farming, rural, agricultural, forestry and/or nature activities, such as but

not be limited to, harvest-your-own activities, hay rides, picnics, “Farm Alcohol Production

Facility” visitations or tastings, historical interpretations, equestrian activities, camping, farm or

cabin stays, or other activities and attractions designed to allow visitors an opportunity to

appreciate the agricultural and natural character of Charles County. An Ecotourism activity may

be Agritourism if it takes place on an Agricultural Operation. An activity may be considered

Agritourism regardless of whether the participant paid to participate.

ECOTOURISM shall mean any activity that allows members of the general public for

recreational, entertainment, historical or educational purposes, to view, participate in or enjoy

natural resources on public or private property through activities including but not limited to

kayaking, birdwatching, camping, hunting, fishing, hiking, bicycling, stargazing, beachcombing

and the like for educational or recreational purposes.

FARM ALCOHOL PRODUCTION FACILITY shall mean an establishment on an Agricultural

Operation for the manufacturing, packaging, storage, promotion and sale of alcoholic beverages

produced by a state-issued license holder utilizing ingredients produced on an associated farm,

which may include an on-site tasting room(s) for the promotion and sale of products as licensed.

[This section is modified from the 2018 Craft Beverage Bill #2018-04] [Other sections of that

Bill may need to be modified in the future as it imposes additional requirements on vineyards

and farm wineries which are not imposed on other agritourism operations].

FORESTRY OPERATION(S) is the practice of silviculture related to the care, use, and

conservation of forests for human and wildlife needs. This includes sustainable harvest of timber,

the use of forest products such as fruits or nuts, management of forests for recreation, wildlife

management, stabilization of water, clean air and other human uses. At its most basic, forestry is

the production of wood fiber for a multitude of uses.


5. AGRICULTURAL BUILDINGS BUILT ON AGRICULTURAL ASSESSED

PROPERTY SHOULD HAVE EXEMPTIONS

Issue: Currently, agricultural operations often find themselves delayed in obtaining necessary

permits. Farmers and other members of the agricultural community are often faced with

permitting requirements which are time consuming, costly and inhibit their ability to address

weather-related obstacles. For example, in the event of a larger than normal hay harvest needing

immediate coverage, it is necessary to construct hay storage promptly rather than waiting for

permitting. It is also imperative because farmers are often working under tight budgets and time

constraints. It also encourages the diversification of traditional farming operations.

Action: The Task Force recommends that certain Agricultural Accessory Buildings need not go

through the entire stringent zoning, site plan and building permitting process and that, to the

extent permits are needed, processing is expedited and costs kept to a minimum. Toward that

end, the Task Force recommends edits in line with the below recommendations for Article XVIII

(Site Designs), Article XX (Parking Facilities), Article XVI (Adequate Public Facilities

Requirements) and related articles as determined.

Amend Section 297-298A

Add last sentence, “However, Agricultural, Agritourism and Ecotourism Operations are exempt

from this Article except for the conditions set forth in section 297-309.”

Add a new subsection 297-309

Agricultural Operations do not need to meet all of the requirements of this Article. Rather,

temporary structures, pole barns and storage facilities without electricity or plumbing (such as

cold frames, high tunnels, sheds, hay storage, animal barns, silos and grain bins) are exempt from

all permitting requirements. However, if such operations will include electricity or plumbing, a

Sketch Plan should be submitted reflecting the proposed use, ingress and egress and proposed

location of any structure. To the extent permits are required for any Agricultural Operations,

fees will be waived and the permitting process shall be expedited. A Sketch Plan is a simple

drawing that need not be computer generated or to scale and need not be prepared by a licensed

or registered engineer or design professional. An informal handwritten drawing will suffice

provided it reflects the necessary information.

Parking areas

Agricultural Operations and Agritourism Operations need not comply with stringent permitting

and design requirements that commercial operations must follow. Rather, Agricultural and

Agritourism Operations should provide safe ingress and egress. Adequate parking may be set

aside on grass or lawn areas, gravel sections set aside for that purpose. Parking areas need not be

paved.


6. EDITS TO THE PERMISSIBLE USES TABLE (Figure IV-1: Table of Permissible

Uses)

Issue: There currently is no reference to agritourism on the Table of Uses. Agritourism should

be permitted wherever Agricultural Operations are permitted without conditions in certain areas

and with limited conditions in other areas.

Action:

Amend 297-212

1.01.250 Agritourism

Conditions for Agritourism

Must be associated with an Agricultural Operation. Will be allowed without any conditions in

the Agricultural Conservation (AC) and Residential Conservation (RC) and in all other zones

will have the following conditions:

a. Must be on 3 or more acres, or if on less than 3 acres with a special exception.

b. Front a public road or, if on a private road, shall be subject to a shared maintenance

agreement.

7. SEASONAL AGRICULTURAL LABOR HOUSING

Issue: The high cost of housing, lack of transportation to agriculture locations, and the

need for agricultural workers to be on-site for time-sensitive work require on-site

reasonably priced housing. Current regulations require costly upgrades and permitting

that create unecessary barriers. Since this is temporary and seasonal, it does not affect

school allocations. The intent of our action is to accommodate farmers who are required

to hire H2A workers on 11-month Visas because local agricultural labor is scarce, while

also recognizing that, occasionally, seasonal domestic workers may be available.

Action: Suggest the following text amendments:

a) Change title of the Definition of “Migrant Workers’ Housing” to “Seasonal Agricultural

Workers’ Housing” so it reads (title is changed – the definition remains the essentially the

same except the deletion of the word “migratory” from the definition):

SEASONAL AGRICULTURAL WORKERS’ HOUSING: One or more structures,

buildings, tents, barracks, trailers, vehicles, manufactured homes, converted buildings

and unconventional enclosure of living spaces established, operated or used as living


quarters for four or more workers engaged in agricultural activities, including related

food processing.

b) Under Table of Permissible Uses: Migrant workers’ housing 3.07.000

• Change Title to reflect new Definition Title to “Seasonal Agricultural Workers’ Housing

3.07.000”

• Remove phrase, “provided that an affidavit of compliance with COMAR 10.16.01,

Migratory Labor Camps, as amended, has been submitted to the Zoning Officer” as

COMAR 10.16.01 was repealed at the Maryland level and is no longer in effect.

• Add language to reflect certain housing standards such as:

A. Housing has a water supply suitable for drinking and a sewerage disposal

system/holding tank.

B. Housing is occupied by temporary seasonal agricultural workers actively engaged

in farming.

C. Housing is exempt from school allocation fees and school construction excise tax.

8. REMOVE BARRIERS TO CREATING/CONDUCTING AQUACULTURE IN THE

CRITICAL AREA

Issue: The section on Buffer Development Standards includes a Figure VIII-I that outlines

Water-Dependent and Associated Service Facilities. At the end of that list, it includes “Fish off-

loading docks and Shore facilities for aquaculture facilities” as uses allowed in the Buffer. The

term “shore facilities” is vague. There is also a definition within the Critical Area section for

“Fisheries Activities”.

Action: We recommend adding the term Fisheries Activities under Figure VIII-I to eliminate the

vagueness. We also recommend changing the definition of “Fisheries Activities as shown in

italics to allow and encourage public visitation.

“Commercial water-dependent fisheries facilities, including structures for the packing,

processing, canning or freezing of finfish, crustaceans, mollusks and amphibians and reptiles,

and also including related activities such as wholesale and retail sales, tasting rooms, tours,

product storage facilities, crab shedding, off-loading docks, shellfish culture operations and

shore-based facilities necessary for aquaculture operations.

9. ALLOW SEAFOOD PROCESSING

Issue: The local area is perfect for oyster farming because it benefits the health of local

waterways and a great source of economic development. There currently are no shellfish

operations in Charles county while neighboring counties in both Maryland and Virginia are

profiting and benefiting from this source of agritourism.


Action:

The task force recommends adding two section to both the Table of Uses and Section 297-212 to

provide:

2.02.110 Shellfish Operations. Shellfish Operations on and off the premises are permitted in

the AC, RC, and WCD zones as long as the use be located a minimum of 100 feet from all

property lines and there is direct access either by public road or through a shared easement

agreement.

2.02.210 In all areas where Shellfish Operations, Seafood Processing or other Aquaculture

Operations exist, Aquatourism should be permitted as long as the use be located a minimum of

100 feet from all property lines and there is direct access either by public road or through a

shared easement agreement.

10. ELIMINATE DUAL PROCESSING FOR PIERS AND BULKHEADS

Issue: There currently exists a dual permit process for piers and bulkheads on waterfront

property. In order to repair a pier or bulkhead a property owner must apply for a state permit and

then must further have county approval. This is extremely time consuming and costly.

Action: Eliminate the county approval requirement since they are already permitted and

processed at the state level.

11. ENCOURAGE CLUSTER DEVELOPMENT IN AC/RC ZONES

Issue: We should encourage cluster subdivisions that would preserve large residual tracts and

the more productive farmland. Per Section 297 Attachment #6 Figure XIV-1 states that cluster-

subdivision must have at least 50 acres. Thus, land owner is forced to create at least 3 acre lots,

even on minor subdivisions and Tier 3 or Tier 4 properties.

Action: Allow cluster subdivision on smaller parcels (less than 50 acres). This would allow

tracts of farm land and forested areas to remain in larger blocks. Consider shared/community

septic and water.

12. ADD DEFINITION OF FAMILY CONVEYANCE

Issue: Farmland can be preserved, but without farmers who will actually farm this preserved

land, farming will die in Charles County. According to the most recent Agricultural Census

(2017), the average age of our farmers is 58 years old (up from 56 years old in 2012). Farming

desperately needs younger people to take over farming. Farming requires a complex set of skills

which need to be taught/learned/conducted in a hands-on atmosphere --- ideally on an

agricultural operation. Farm families should be encouraged and incentivized to live on the farm

in order to learn farming and continue the tradition of farming in our county. Young farmers


generally lack capital. Any reduction of impediments or the creation of incentives in zoning and

subdivision regulations which will reduce costs and encourage farming is the goal.

Action: A Family Conveyance is the transfer of property on a farm from a grantor to his/her

immediate family member for the purpose of building a home on that lot. The purpose of a

Family Conveyance is to save farming in Charles County by allowing farm family members to

live on the farm in order to learn/teach/conduct farming by engaging in agriculture and all that it

entails. Family Conveyance lots (up to 7 per farm parcel) must be located on a Farm which has

an agricultural operation currently taxed at the agricultural use rate for real estate

taxes. “Immediate family” is defined as spouse, father, mother, son, daughter, grandfather,

grandmother, grandson, granddaughter, stepparents, stepchildren, legal wards and guardians,

sibling or the child of a sibling.

Family Conveyance Provisions:

A. A family member shall not receive more than one lot subject to a Family

Conveyance.

B. The grantor must transfer ownership of the lot to the assigned grantee listed on the

Family Conveyance Agreement on the recorded final plat by deed, before any

further transfer of the lot can take place.

C. The assigned grantee may not subsequently transfer the Family Conveyance lot to

any other person or entity for a minimum period of seven (7) years from the

recording date of the deed transferring ownership from the grantor to the grantee,

except to another eligible family member for which the seven (7) year ownership

requirement restarts.

D. Five (5) Transfer of Development Rights (TDRs) may be applied to the Family

Conveyance lot described in “C” above and the final plat revised to re-designate the

lot as a non-family conveyance prior to deed transfer.

E. The transfer of a Family Conveyance lot to a third party as security for a mortgage or

Deed of Trust or for a Family conveyance lot that must be transferred or sold as a

result of foreclosure or court order is allowed.

F. Farm property owners as of December 1, 2019 are eligible, or a person to whom the

right has been transferred by will or deed.

G. No residential building permits may be issued for a Family Conveyance lot that does

not first meet the requirements of this section.

13. NEW DEFINITION OF PRIVATE DRIVES

Issue: Some private Minor Subdivisions were created in the past which met the minimum

requirements for private drives at the time of their creation. But since then, the County has

decided to require the owners of any undeveloped lots remaining in these Minor Subdivisions to

be financially responsible for upgrading these private drives to the higher standard now in

existence, which is 16 or 18 feet wide.

Action: Add the following to The Charles County Road Ordinance, Chapter 276:


Grandfather Clause –

1. For all minor subdivision lots created prior to December 1, 2019, the existing private roads or

drives must meet the following minimum criteria:

A) the travel lane width must be at least ten (10) feet wide.

B) There must be a passing lane twenty (20) foot wide and fifty (50) feet long with

twenty (20) foot tapers on each end every 1,500 feet.

C) The travel lane must be at least six (6) inches deep of bank run gravel or better.

14. NEW FOOTNOTES FOR ROAD ORDINANCE

Issue: “Private Drives” are those leading to one (1) to seven (7) lots in a minor

subdivision. They currently have three (3) different minimum design criteria (or more if the

subdivision was created many years ago). Meeting these minimum criteria creates a financial

hardship for farm families who want to build home(s) on their family farm. Existing farm roads

(which are “private drives” by definition) have been constructed to withstand heavy farm

equipment including fully loaded grain trucks, combines, large tractors in all types of weather

and are often immediately adjacent to and through cultivated cropland. Current regulations

require these existing farm roads, which are often only ten (10) feet wide, to be upgraded to 16

feet wide if even one additional farm family home is added and accessed from these private

drives. The cost of these farm road upgrades reaches into the hundreds of thousands of dollars as

well as years of waiting time for approvals and construction. The concept of a Family

Conveyance is intended to provide an incentive to make it financially easier for farm families to

move back to the farm.

Action: Add the following footnotes to Table 2.01.01 for Private Drives:

(7). Private Drives built after December 1, 2019 to Non-Family Conveyance lots in all new

minor subdivisions for lots 2 – 7 after initial lot shall have 10 feet minimum travel lane

width with 20 feet wide 50 feet long passing areas every 1,500 feet. Travel lane to be 6

inches bank run gravel or better.

(8). New (built after December 1, 2019) Private Drives serving new homes on Family

Conveyance lots in all new minor subdivisions for lots 2 – 7 shall have 10 feet minimum

width with 6 inches bank run gravel or better, but shall be required to have storm water

management which meets current standards. These new Private Drives may connect to

existing private farm drives (10 feet minimum width with 6 inches bank run gravel or better)

without requiring any storm water management upgrades on those farm drives.

(9). Grandfathering --- For all minor subdivision lots created prior to December 1, 2019, the

existing private road or travel lane width which originally met the minimum criteria (10 feet

width and 6 inches bank run) for private drives at the time of their construction are

satisfactory and do not require further upgrades to meet more recent private drive/road

standards.


15. YARD AVERAGING

Issue: Section 297-26 allows for Front yard A.(5)(a) averaging and side yard B.(4) averaging.

Problems arise due to topographic conditions, steep slopes, surveying errors, construction errors.

The current ordinance does not allow on averaging of rear yards as it does for front and side

yards. Problems would require variance from B.O.A. costly process and minimum six month to

process.

Action: Change Ordinance to include front, side and rear yard averaging.

16. PRIVATE ROAD SETBACK

Issue: Section 297-26 A.(2) requires an additional 10’ setback for Private Roads (60’ vs. 50’ feet

or 85’ vs. 75’) Longer driveways on each lot required, higher costs for SWM and construction.

Defeats purpose of minimizing impervious area.

Action: Change ordinance to eliminate additional 10-foot set back on private drive in all

residential zones.

17. ACCESSORY USES AND STRUCTURES Section 297-29 B.(2) and B.(4) and B.(8)

B.(2) Issue: Accessory Uses and Structures Section 297.29 B.(2), does not allow a farm to be

subdivided without removing the existing structures (barns, sheds, garages). This section also

prohibits a land owner from building an accessory structure on a vacant lot/farm/parcel. This

section requires a landowner to destroy a potentially useful agriculture structure in the event he

subdivides the property.

B.(2) Action: Change wording in Accessory Uses and Structures Section 297.29 to allow

existing structures to remain on property when subdividing and to allow structures to be built

prior to principal structures.

B.(4) Issue: Accessory Uses and Structures Section 297.29 B.(4) Does not allow structures in

front yard, except agriculture. This needs clarification so ensure barns, sheds & garages to

support farming and agricultural are allowed in front yard setbacks.

B.(4) Action: B.(4) Reword as follows:

No Accessory use or structure shall be placed within the required front yard in Agricultural

zones except Agricultural structures such as, but not limited to: Barns, silos, stables, signs,

fences, walls, parking areas.

Change wording in Accessory Uses and Structures Section 297.29 to define “except agriculture”.


B.(8) Issue: Ordinance is unclear if a private horse stable can be built on a vacant parcel.

B.(8) Action: B.(8) should be clarified that horse stable can be built on a vacant lot or parcel of

land.

18. SUBDIVISION REGULATIONS: MINOR SUBDIVISION SECTION 278-17

Issue: Subdivision and boundary line adjustments Plats and Easement Plats are all grouped as a

minor subdivision. Only minor subdivision should be in the category. All Plats in subsection B.

do not fit the definition of a minor subdivision as described in Sub Section A.

Action: Subsection B. should be in separate category entitled “Administrative Plats” and not be

subject to subdivision regulations. (same as St. Mary’s County).

Subsection B should be amended as follows:

1) No change

2) No change

3) No change

4) No change

5) To settle estate or other court ordered partitions.

6) To add land to an existing agricultural parcel.

7) To transfer land for purposes other than development.

8) To transfer land to an immediate family member for development in the future.

9) For road right of way dedication or acquisition.

Rural Planning and Zoning Task Force Recommendations: Attachment B 1 | P a g e

ATTACHMENT B Items in Attachment B were brought to the attention of the Task Force, and while we did not feel

they necessarily fit the mission of the Task Force to preserve the rural heritage of Charles County,

they do appear to be areas where there needs to be clarification and we suggest staff further

research the issues to see where refinements might be made.

1. CRITICAL AREA STANDARDS - SECTION 279.132.G.(6)(9)[7]

Issue: There is an 8,000 square foot max clearing for small lots less than ½ acre created prior to

12/1/1985 in the Critical Area. It is almost impossible to build house, septic, well, driveway,

provide Storm Water Management and grade properly. 8,000 square feet also does not allow

enough room to construct septic systems and for future replacement septic trenches. The

ordinance definition does not account for septic system installation.

Action: Change Section 179-132.G.(6)(9)[7] to require 15% minimum forest coverage (post-

development) to remain and eliminate “8,000 square feet maximum clearing”.

2. PRIVATE ROADS IN MAJOR SUBDIVISION - SECTION 278.80

Issue: In many cases, the use of a private road is much more feasible and environmentally

friendly. The MOD 104 process is expensive, time consuming, unnecessary and confusing.

Private roads should be encouraged as it minimizes impervious area, minimizes clearing/grading,

and minimizes county infrastructure. MOD 104 discourages private roads due to expense, time,

uncertainty of approval. Conditions 1-5 ensure private roads are used consistently and properly

and it is nearly impossible to overcome the burden of proof with regard to “self-created or self-

imposed”.

Action: *Section 278.80 B.(6): Remove “A private R.O.W. shall be created for lots in Major

subdivision with proposed public roads only after receiving MODIFICATION 104 of these

regulations from the Planning Commission”. It has been suggested to remove item (6).

3. DEFINITION OF A MINOR SUBDIVISION

Issue: The Maryland legislature enacted” The Sustainable Growth and Agricultural Preservation

Act of 2012”, which allowed local jurisdictions to define a Minor Subdivision as up to seven

(7) NEW lots. However, Charles County defined a Minor Subdivision in Subdivision

Regulations, Section 278-17 Subsection A as “…a subdivision of land which does not involve any

of the following:

The creation of more than a total of five (5) lots, from a parcel that was in existence on June 15,

1976, or seven (7) new lots from a parcel, residue or remainder in existence on December 31,

2012; provided that any lot resulting from a recorded deed or subdivision plat prior to December

31, 2012, cannot be considered a ‘parcel’ for purposes of this section.”

Rural Planning and Zoning Task Force Recommendations: Attachment B 2 | P a g e

This current Charles County definition of a Minor Subdivision does not allow farmers the seven

(7) new lots that the Legislature intended. Additionally, this definition discourages the

descendants of farm families from living on the farm and thus learning to farm. The intent of the

Maryland Legislature was to allow farmers/landowners to create up to seven (7) NEW lots per

parcel --- not five (5) lots, some or all of which may have been utilized because of the June 15,

1976 definition of a parcel.

Action: Delete existing Subdivision Regulations, Section 278-17, Subsection A which reads:

“Unless as defined in Subsection B below, a Minor Subdivision is a subdivision of land which

does not involve any of the following:

The creation of more than a total of five (5) lots, from a parcel that was in existence on June 15,

1976, or seven (7) new lots from a parcel, residue or remainder in existence on December 31,

2012; provided that any lot resulting from a recorded deed or subdivision plat prior to December

31, 2012, cannot be considered a ‘parcel’ for purposes of this section.”

Create a new Subsection A as follows: “A Minor Subdivision is a subdivision of land into seven

(7) lots or fewer from a parcel of record which existed on December 31, 2012.”

The other two existing restrictions for minor subdivisions may remain as follows: “A Minor Subdivision cannot involve:

(1). The extension of a public water or sewer system proposed as a part of a private development. (2). The installation of offsite drainage improvements through one or more lots to serve one or

more other lots proposed as a part of a private development.”

4. SUBDIVISION REGULATIONS – MODIFICATION 104 – SECTION 278.104

Issue: Section 278.104 B. and C. must be amended to account for many other situations.

Currently it is interpreted to be used for only “topographical” issues.

(4) should be removed due to the “self-imposed” clause.

(5) Should be amended to remove “greater profitability”

Action: Insert the following into “B” to make the process more user friendly and not legally

challenging for applicants.

(1) By reason of exceptional narrowness, shallowness or shape of specific parcels of

property

(2) By reason of exceptional topographical conditions or other environmental features on

the property.

(3) Extraordinary situations such as, but not limited to

a. School allocation expirations.

b. Preliminary Plan expiration dates.

c. Specific zoning or Tier Map designation.

d. Road ordinance, Storm Drain ordinance, SWM ordinance conflicts with Zoning

Ordinance or Subdivision Ordinance.

e. Lack of minimum required road frontage.

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