Planning Commission recommends awarding 6.24 acres of growth allocation for Hodges family parcels

The St. Mary's County Planning Commission recommended that the Board of County Commissioners award 6.24 acres of the county's growth allocation to allow subdivision of two agricultural parcels in the Chesapeake Bay Critical Area into two building lots.

The commission’s recommendation, made and moved by Miss McNeil, seconded by Mr. Evans and approved unanimously, applies to Tax Map 47 Grid 3 Parcel 328 (3.62 acres, owned by Barbara Hodges Link) and Parcel 340 (2.62 acres, owned by Lewis C. Hodges). The parcels were deeded from a larger parent parcel, Tax Map 47 Grid 3 Parcel 15 (about 36.8 acres), in a series of conveyances that staff said predated or were affected by the county critical area rules.

The action matters because the parcels lie inside St. Mary’s County’s Chesapeake Bay Critical Area overlay; awarding growth allocation changes the overlay designation from Resource Conservation Area (RCA) to Limited Development Area (LDA) for the 6.24 acres and permits creation of two buildable lots under county rules.

Staff presentation and findings

Sue (planning staff, Department of Land Use and Growth Management) reviewed the parcel history and the critical-area and growth-allocation criteria the commission must apply. Staff said the parent parcel existed in 1942 and that two small agricultural parcels were later carved from it in 1993 and 2003. Because those divisions occurred after the state critical-area law effective date (1985), staff said the entire parent parcel must be considered when calculating growth allocation.

Staff identified environmental constraints: the lots are adjacent to Canoe Net Creek and include mapped heron rookery habitat; the county’s critical-area buffer expands from 100 feet to 300 feet for growth-allocation lots. Staff said the only portions of the buildable area that require encroachment are two sewage reserve areas (10,000-square-foot easements on each lot), and that the expanded 300-foot buffer otherwise must be left undisturbed or established as forested buffer. The reforestation, setback, and other mitigation items were proposed as conditions of approval. DNR reviewed the proposal and provided comments, and staff said DNR did not oppose the request based on the site’s existing agricultural use and surrounding low-density development.

Key conditions in the commission’s recommendation

The planning commission’s motion forwarded these principal conditions for the Board of County Commissioners and for later final subdivision approval: - Accept staff and commission findings that the request is substantially consistent with the St. Mary’s County Comprehensive Plan and the county zoning ordinance growth-allocation criteria. - Approve award of 6.24 acres of growth allocation and forward notice of intent to the Critical Area Commission. - Require that the expanded 300-foot critical-area buffer on Lots 2 and 3 (excluding the sewage reserve easements) be allowed to regenerate as natural forest in all non-farmed areas; if farming ceases, the areas must be either allowed to regenerate or be planted with diverse native forest vegetation. - Prohibit mowing or vegetation management in the expanded buffer except as recommended by the county forester and approved by the Department of Land Use and Growth Management; a planting agreement ensuring reforestation must be executed when the subdivision is recorded. - Relocate driveways as necessary to avoid buffer encroachment; meet all Technical Evaluation Committee comments and county subdivision ordinance provisions prior to final approval; assure compliance with public facilities and road standards for private road segments if dwelling counts trigger standards.

Public comment and applicant materials

Jerry Nuckelby (engineer, Albuquerque Surveying Inc.), speaking for the applicants, said certified notices to adjacent owners were mailed and provided a list of recipients and certified mail receipts to staff. Margaret Hodges Bailey, identified herself as an heir to the original farm and said the will’s intent was to provide lots to the children; she spoke in favor. Neighbor John Colton said he supported the reforestation conditions and expected the proposed plantings would improve water quality.

Vote and next steps

Miss McNeil moved the recommended finding and conditions; Mr. Evans seconded. The motion passed unanimously. The planning commission’s recommendation will go to the Board of County Commissioners, which must act to finalize the award of growth allocation and the change of critical-area overlay; if the board approves, the county will forward notice to the Maryland Critical Area Commission and the applicants must satisfy the listed conditions before final subdivision and building permits.

Sources and attribution

Direct quotations and specific findings in this article come from the planning commission meeting transcript, the staff report presentation delivered by Sue (planning staff), and public remarks by Jerry Nuckelby (engineer) and Margaret Hodges Bailey (heir).