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Board approves after‑the‑fact variance for shoreline revetment and fill in Mechanicsville
Summary
The board unanimously approved an after‑the‑fact variance for placement of fill material and stone behind a revetment at 40405 Beach Drive (VAAP 23‑0534). The owner entered a recorded planting agreement and posted a bond; the board noted the county cannot waive statutory requirements for after‑the‑fact mitigation.
The St. Mary's County Board of Appeals unanimously approved an after‑the‑fact variance for disturbance of the 100‑foot critical‑area buffer to allow placement of stone and fill material at 40405 Beach Drive in Mechanicsville (VAAP 23‑0534).
Margaret McLaughlin, the property owner, testified under oath that she applied to the Maryland Department of the Environment (MDE) for a permit to replace a pier in 2022 and believed the contractor performing the work was operating within the scope of that permit. During an inspection, MDE and county inspectors determined that additional revetment and fill had been installed above mean high water without authorization. McLaughlin described a multi‑year effort to resolve the issue with MDE and county staff, including removal of rock forward of mean high water when required by MDE, communication with MDE on a compliance pathway, and payment of a civil citation.
Staff said the property consists of about 22,124 square feet, lies in a Limited Development Area critical‑area overlay, and that mitigation and a planting agreement were required for an after‑the‑fact variance. The planting agreement and a bond for violation mitigation were in place and recorded in the land records; staff reported mitigation of 10,087 square feet had been specified in the planting plan and the planting agreement was on file with LUGM.
Applicant counsel and the owner told the board the property experienced shoreline erosion and that the revetment and associated fill were installed to stabilize the shoreline. They presented aerial photos and MDE correspondence; McLaughlin said she removed rock seaward of mean high water per MDE direction and ultimately proceeded with an after‑the‑fact variance application. The applicant's attorney said the owner bore significant time and expense to resolve the matter with MDE and county staff.
Board members discussed whether the county or board had authority to waive after‑the‑fact mitigation, and the board attorney and members said the statutory framework and Critical Area Commission rules leave no local relief valve to avoid the planting agreement, bond or other after‑the‑fact mitigation requirements. After discussion, Guy Bradley moved to approve the after‑the‑fact variance under Saint Mary's County CZO section 71.8.3; the motion passed unanimously 5‑0. Staff will prepare the written order for board signature within 60 days; a 30‑day appeal period follows the signing.
