St. Mary's commissioners delegate water-and-sewer hearing authority to county land‑use director for development districts

The Commissioners of St. Mary's County on April 28 adopted a resolution delegating to the director of the Department of Land Use and Growth Management the authority to hold public hearings and make decisions on amendments to the county’s Comprehensive Water and Sewer Plan within development districts.

The move, proposed by County Attorney George Farling and Land Use Director Phil Shire, narrows an initial draft that would have covered all “growth areas” to the smaller category of “development districts.” Proponents said the delegation will streamline what they described as a narrowly technical process and reduce duplication of hearings while preserving public notice and a record of proceedings.

Farling told commissioners the Environment Article of the Maryland Code allows the board to delegate this second layer of hearings and that the delegated decisions would be limited to seven technical criteria spelled out in his office memorandum. Phil Shire said the change would speed decisions for applicants and reduce staff time and public‑hearing expense, while maintaining the required public notice and an administrative record.

Opponents cautioned the change would reduce an elected body’s oversight. Commissioner John O'Connor repeatedly objected to a broad delegation that could cover town and village centers, saying it would remove a “check and balance” that residents expect from elected commissioners. Shelby Guazzo, vice chair of the St. Mary’s County Planning Commission, asked the board to clarify that the planning commission remains the primary forum where neighbors can raise concerns about roads, schools and other matters that are not appropriate to a water‑and‑sewer technical hearing.

Farling and Shire responded that the delegation affects only the board‑level public hearing on water/sewer category changes (for example from a W‑6 to a W‑3 classification) and would not remove the planning commission’s role in site‑plan or subdivision hearings, where broader impacts are considered. The resolution as adopted substitutes the phrase development districts for growth areas and retains the requirement that hearings be advertised and recorded.

Commissioners debated case examples and the practicalities of regional providers such as the St. Mary’s Metropolitan Commission (MetCom). Several commissioners urged limiting the delegation to areas where public water and sewer are already intended to serve development districts so that purely rural or village centers would continue to come before the full board.

After amendments, a motion to adopt the resolution passed. The transcript records at least one commissioner objecting during debate; the adopted resolution directs the director of Land Use and Growth Management to conduct public hearings and issue decisions on comprehensive water and sewer plan amendments within the defined development districts, subject to public notice and the administrative record.

The board’s action does not change zoning or site‑plan approval authority and does not alter the planning commission’s right to hold its own public hearings or make recommendations to the board.

Looking ahead, commissioners and staff said they expect staff to reserve high‑interest or legally complex matters for the full board even after the delegation, and they discussed using a test case—Lexington Park development district—before broader application.