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Planning commission backs shortening Board of Appeals decision deadline for critical-area cases
Summary
The St. Mary's County Planning Commission voted to recommend changing the zoning ordinance to require the Board of Appeals to issue written decisions on cases within the Critical Area Commission omain in 30 days (with an extension option), down from 60 days.
The St. Mary—s County Planning Commission voted to recommend an amendment to the county zoning ordinance that would require the Board of Appeals to issue written decisions on matters within the jurisdiction of the Critical Area Commission within 30 days of the close of the public hearing, down from the current 60 days, with a limited extension provision.
The change was prompted by recent state critical-area legislation (House Bill 1253) and county concern that the length of time between an appeals decision and issuance of a building permit can leave applicants in limbo. Yvonne Shelley, a staff member in the Department of Land Use and Growth Management, told the commission that state law now prohibits issuing a building permit for a critical-area variance during the 30-day appeal period that follows the Board of Appeals— written order.
Shelley and Director Dennis Canavan said most Board of Appeals decisions are prepared within 30 days in routine cases, but staff and the Board sometimes face scheduling conflicts, cancelled hearings or complex cases that require additional attorney review. To address those situations, the proposed change allows the Board chairman to extend the 30-day deadline up to a maximum of 60 days, based on findings of complexity or scheduling problems.
Commission members debated whether a time limit should be mandatory or merely encouraged. Several commissioners said they supported the staff—s recommended compromise: require the 30-day standard to speed outcomes for applicants while still permitting the chairman to grant extensions when a case genuinely warrants more time.
Planning Commission member Mary McNeil moved approval of the text amendment and Joel Thompson seconded. The commission voted to recommend the amendment to the Board of County Commissioners; the motion carried and the measure will now go forward for the Commissioners' consideration.
The ordinance language the commission reviewed would add a new subsection limiting written decisions on cases within the Critical Area Commission—s jurisdiction to 30 days and explicitly allow the Board of Appeals to extend that period to 60 days for good cause.
