Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Health And Permitting topic
No spam. Unsubscribe anytime.
Commissioners raise legal concerns after county health department cannot locate historic perk‑test record
Summary
A commissioner said a buyer produced a signed perk‑test/plat from the county that the health department could not locate; the county attorney advised the board that a signed plat or approval should remain valid even if the department’s copy is missing, and commissioners discussed seeking an Attorney General opinion and potential court remedies.
A discussion among Kent County commissioners flagged a dispute in which a landowner purchased a lot with an apparent county‑signed perk test and plat but the Kent County Health Department reportedly will not honor the approval because it cannot locate its copy.
Commissioners described a plat signed during the tenure of then‑planning director Gail Owens and by a health officer (identified in the transcript as Ed Burkemire). The purchaser, identified in discussion as Tommy Tucker, told commissioners he relied on the signed plat when he bought the land and expected to build a second residence on the parcel. Commissioners said the plat bore official seals and signatures.
The county attorney advised that, in his view, a signed approval or plat remains valid even if an agency later cannot locate its copy, and that the landowner’s recourse if the health department refuses to honor the approval would be a court action seeking a declaratory judgment. Commissioners discussed asking the Maryland Attorney General for an opinion and requested staff search county plat records to confirm whether an original or county‑filed copy exists.
Commissioners expressed frustration because they are preparing to disburse funds to the health department and noted that the department has not had a sanitarian since 2023. One commissioner cited a recent, critical Maryland Department of the Environment audit of local health‑department permitting work and said the county must seek accountability.
No formal action was taken at the meeting beyond the request that staff locate county records and consider whether to request an Attorney General opinion; the county attorney reiterated that court action (a declaratory judgment) would be the legal path if the department declines to honor a valid, signed approval.
