Planning Commission backs changing minor-subdivision limit from 5 to 7 lots under state septic law

The St. Mary's County Planning Commission voted to forward resolutions recommending amendments to the county zoning and subdivision ordinances to raise the minor-subdivision threshold from five lots to seven lots, aligning local rules with the Sustainable Growth and Agricultural Preservation Act of 2012 (the septic bill).

Staff explained the change: everywhere the existing ordinance currently uses “5 lots” as the minor-subdivision threshold the number will be changed to “7.” The definition of major subdivision will be altered to read “8 or more lots.” The county will remove a prior phrase that treated farmsteads differently; under the new state rules a 15-acre farmstead lot counts toward the total lot count.

Staff and commissioners discussed practical effects. Staff said if an applicant submits fewer than seven lots but intends eventually to reach seven, the plat should include a note saying the submitted plat represents only a portion of the allowed total; staff committed to requiring such a note to preserve the applicant’s future rights. Commissioners clarified that the count is cumulative over time: the seven-lot limit is the cap regardless of phasing or timing, and staff will track future subdivisions tied to the same parent parcel.

Commissioners also noted that the county will hold an informational public meeting on Nov. 13 to explain changes and answer questions. Staff said legal advertisements were published and the county is working on mapping and other implementation tasks so the change can be transmitted to the Board of County Commissioners for adoption.

The planning commission approved a resolution recommending approval of the text amendments and authorized the chair to sign and transmit the recommendation to the Board of County Commissioners.