In a recent St. Mary's County Zoning Board of Appeals meeting, significant discussions centered around property use and zoning compliance, particularly concerning a property owned by Zach Mattingly. The board addressed ongoing issues related to permits and zoning violations that have persisted since Mattingly acquired the property in 1997.

Mattingly has made efforts to clean up the property, which has been described as an eyesore by neighboring residents. However, he faced challenges in securing the necessary permits for work done on the property, which the county deemed as "after the fact" due to a lack of compliance with density requirements established in a 1974 zoning ordinance. The county's position is that while Mattingly applied for permits multiple times, he did not follow through with the required inspections and approvals.

During the meeting, questions arose regarding the county's awareness of the property's occupancy status as early as 1999, when a letter indicated that Mattingly needed to secure a building permit or vacate the premises. The county acknowledged that the structure was occupied but maintained that it was never approved as a habitable dwelling unit, lacking necessary permits and septic systems.

The board also discussed the potential consequences for constructing a residence without proper permits. Typically, the county would issue a citation and a stop work order until the necessary permits were obtained. However, the specific course of action would depend on various factors, including environmental considerations and whether the property is located in a critical area.

A key point of discussion was the concept of nonconforming use. If a structure or use has been discontinued for over a year, the owner may lose the right to reestablish it, complicating Mattingly's situation further.

The board concluded the hearing, with plans to review all evidence and prepare a finding of fact and conclusion of law. The outcome of this case could have significant implications for property owners navigating zoning regulations in St. Mary's County, highlighting the importance of compliance and the potential challenges of retroactive permits.