The regular 90-day session of the Maryland General Assembly has ended, but not without many hard fought battles by the Maryland House and Senate over the State's attempt to control residential growth that utilizes on-site sewage disposal  systems proposed in the Sustainable Growth and Agricultural Preservation Act of 2012-Senate Bill 236.

   Most rural counties objected to language in SB 236 which would have given both the Maryland Department of Planning and MDE authority over the approval of on-site septic decisions.  After several revisions by both the House and Senate, septic subdivision approval has been relinquished to local authorities. However, each county will be required at a minimum, to adopt Tiers I, III, and IV, and revise their comprehensive plan. Counties may submit their growth tier plan to the Maryland Department of Planning (MDP) for review. If MDP provides comments to any county regarding their growth tier plan, the county planning board shall hold a public hearing.

   The grandfathering clauses in the final version of SB 236 have also been revised. Proposals for subdivisions utilizing on-site sewage disposal must meet the following criteria to be exempt from the provisions of SB 236:

• By 10/1/12, submission to a local jurisdiction for preliminary plan approval, including preliminary engineering; or
• By 7/1/12, application for perc tests is made, within 18 months of perc approval a preliminary plat is submitted to a local jurisdiction, including preliminary engineering; or
• By 7/1/12, documentation that registered surveyor or engineer has prepared and certified a site plan for perc tests; application is made for next available perc test season, within 18 months of perc approval a preliminary plat is submitted to a local jurisdiction, including preliminary engineering; and
• The preliminary plat is approved by 10/1/16.

   Rural counties won the battle to retain control of local planning and zoning issues. However, the growth tier approach will have a dramatic effect on future development, particularly on those rural counties with limited access to public sewer infrastructure. The intent of SB 236 and PlanMaryland is to drive future growth to areas where public sewer exists or could be easily extended.

   SB 236 and other legislation passed during the 2012 session focused on cleaning up the Chesapeake Bay helping Maryland meet the limits for both nutrients and sediment established by the EPA in 2010.

   Please contact your local McCrone office if you are interested to learn how this bill may affect your property: Annapolis 410-267-6947; Centreville 410-758-2237; Elkton 410-398-1550;  Salisbury 410-548-2055. The full text for SB 236 can be accessed by clicking here; the final version of PlanMaryland is available by clicking: Final version of PlanMaryland