Bel Air commissioners reviewed a draft ordinance Aug. 26 that would authorize Development Rights and Responsibilities Agreements (DRRAs) in town. The draft, modeled on provisions found in other Maryland municipalities, would allow the town to negotiate voluntary, written agreements with developers in exchange for enhanced public benefits and limited vesting protections.

What a DRRA is: Staff explained that a DRRA is a negotiated contract in which a developer can provide public benefits that go beyond standard code requirements (called exactions) in exchange for some form of vesting or certainty about how land-use rules will apply for a set term. Examples discussed included dedication or acquisition of land for public use, park or trail improvements, expanded affordable-housing commitments, and other enhancements tied to the town's goals and the comprehensive plan.

Board concerns and process questions: Commissioners and staff debated several legal and procedural points. The discussion addressed whether the board or the town administrator should negotiate DRRA terms, how the planning commission would review consistency with the comprehensive plan, whether the planning commission's findings would be binding, and the role of the board as the final approving authority.

Town staff proposed a process where a developer's DRRA proposal would be filed with the zoning administrator, the town administrator would prepare a report and negotiate terms with the developer, and the planning commission would hold a consistency review. Commissioners said that final approval should rest with the board of town commissioners and asked staff to clarify that legislative-level approval and any ratifying action would be explicit in the local ordinance.

State law and timing: Staff and the town attorney (staff member Liz) noted the DRRA draft follows elements of the Maryland Land Use Article; the transcript cited particular state-language references about required DRRA elements, the five-year default term and possible extensions. Several commissioners urged caution because state-level proposals to change early vesting rules were under discussion and could substantially alter local leverage. One commissioner advised holding the draft while watching the upcoming General Assembly session so the town would not adopt a tool that the state might change within a year.

Why it matters: DRRAs can create a negotiation pathway for developers and municipalities to secure amenities or improvements that developers would not otherwise be required to provide. But commissioners noted the trade-offs: vesting protections are valuable to developers and can reduce future regulatory flexibility for a town. Commissioners said any local ordinance should clearly state: the role of the planning commission in finding consistency with the comprehensive plan, the board's final approval authority, who negotiates terms on behalf of the town, and the limits on what may be required as an "enhanced public benefit."

Board action and next steps: Commissioners did not adopt the draft ordinance. They asked staff to refine the draft, make the process steps and approval roles explicit, and to hold the proposal pending the outcome of state legislative activity that could change vesting rules. Staff said it would return with a refined draft and comparative examples from Frederick, Rockville and other Maryland municipalities.

Ending: Commissioners asked staff to prepare a clearer flow chart and suggested schedule for when the draft could return for formal consideration, while staff will monitor the state legislative calendar for possible changes affecting local DRRA authority.